THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS

The document examines the failures of the 1976 Toxic Substances Control Act (TSCA) and the subsequent emergence of state-level regulations in the U.S. to manage industrial chemicals. It highlights how state actions, such as bans on polybrominated diphenyl ethers (PBDEs), are influenced by international frameworks like the EU's REACH regulation and the Stockholm Convention on Persistent Organic Pollutants. The author argues that these 'twin levers' of state and international progress are essential for driving the U.S. toward a more sustainable national chemical policy by 2020.

• The Toxic Substances Control Act (TSCA) of 1976 is described as incapable of meeting its public health goals due to a high burden of proof on the EPA to demonstrate unreasonable risks and a requirement that any proposed action be the 'least burdensome of all options'.
• The EPA's regulatory record under TSCA is characterized as minimal; the agency has issued toxicity testing regulations for fewer than 200 of the 62,000 substances existing at the time of the law's passage and has prohibited only five existing chemicals in 30 years.
• U.S. state governments have increasingly filled the federal regulatory gap, notably with the restriction of polybrominated diphenyl ethers (PBDEs). California passed the first such law in 2003, and by 2007, eleven states had enacted comparable laws.
• State-level initiatives in the U.S. are bolstered by international precedents, such as the European Union's RoHS Directive and the Stockholm Convention on Persistent Organic Pollutants (POPs), which provide data on hazards and demonstrate the feasibility of regulation.
• The European Union's REACH regulation is expected to significantly impact U.S. policy by requiring safety information for up to 30,000 industrial chemicals and shifting the burden of proof to the industry.
• The 'Louisville Charter for Safer Chemicals' outlines six principles for federal reform to be achieved by 2020, including the requirement for safer substitutes, phasing out persistent bioaccumulative or highly toxic chemicals, and ensuring the public's right-to-know.
• Proposed federal legislation, such as the Child, Worker, and Consumer-Safe Chemicals Act (Kid Safe Chemicals Act), sought to incorporate elements of REACH and mandatory biomonitoring, but it expired without a hearing during the 109th Congress.

APA

Ditz, D. W. (2007). THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/TheStatesandtheWorld_SDLPFall2007.pdf

Chicago

Ditz, Daryl W. THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS. Center for International Environmental Law, 2007. https://www.ciel.org/wp-content/uploads/2015/03/TheStatesandtheWorld_SDLPFall2007.pdf.

Wikipedia

{{cite report |last1=Ditz |first1=Daryl W. |title=THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS |publisher=Center for International Environmental Law |date=2007 |url=https://www.ciel.org/wp-content/uploads/2015/03/TheStatesandtheWorld_SDLPFall2007.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ditz2007states, author = {Ditz, Daryl W.}, title = {{THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS}}, institution = {Center for International Environmental Law}, year = {2007}, url = {https://www.ciel.org/wp-content/uploads/2015/03/TheStatesandtheWorld_SDLPFall2007.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }