Chemical Testing

Under the Toxic Substances Control Act (TSCA), specifically under TSCA Section 4, EPA can require companies to test certain substances and submit the testing results to the Agency. EPA also uses consent orders, which are negotiated between the Agency and chemical companies that will be sponsoring the testing, to reduce administrative burdens. In addition to TSCA actions, EPA also initiates voluntary programs to gather and make chemical hazard information publicly available. One such program, the High Production Volume Chemical Challenge (aka HPV Challenge), began in the late 1990’s and will soon enter a new phase under EPA’s recently announced Chemical Assessment & Management Program (ChAMP). The next phase for HPV chemicals is the evaluation of results from testing, which is also called a hazard characterization, then comparison with available use and exposure information for those substances presenting moderate to high levels of toxicity. Over 2,100 chemicals have been voluntarily sponsored under the HPV Challenge, resulting in more data being made publicly available than any other program in the world, regulatory or otherwise. For those HPV chemicals not sponsored voluntarily, EPA has begun issuing TSCA Section 4 test rules, the first of which was finalized a few years ago. EPA published another test rule in the Federal Register in July 2008.

EPA test rules require specific chemical companies to conduct laboratory testing on certain chemicals and provide EPA with study reports and summaries of the results. Companies operating in those particular chemical markets have definite obligations, which, if not met, could mean fines of up to $25,000 per day for each day out of compliance.