Regulation, of toxic chemicals

Toxicity assessment is the determination of the potential of any substance to act as a poison, the conditions under which this potential will be realized, and the characterization of its action. Risk assessment, however, is a quantitative assessment of the probability of deleterious effects under given exposure conditions. Both are involved in the regulation of toxic chemicals. Regulation is the control, by statute, of the manufacture, transportation, sale, or disposal of chemicals deemed to be toxic after testing procedures or according to criteria laid down in applicable laws. 

Table 21.1 Some Agencies and Statutes Involved in Regulation of Toxic Chemicals in the United States...

Snicide deaths and impnlsive acts of self-harm associated with pesticides have cansed increasing global concern. It has been reported that deliberate ingestion associated with pesticides has resnlted in 2-3 million hospital admissions and about 220,000 deaths each year. In recent years, pesticides have been used in a spate of suicides in some parts of India (Andhra Pradesh). Pest resistance and resurgence (mainly on cotton crops) and abuse of pesticides because of lack of strict market regulation of toxic chemicals like pesticides have been found to be the causative factors of human poisonings. 

Both States Parties - quite properly - focused on the chemicals and facilities regulated by the Convention. This very focus, however, raises the issue of whether the first element of the States Parties Article VI, paragraph 2, obligation is met. This requires States Parties to adopt the necessary measures to ensure that all toxic chemicals and their precursors are involved only in activities for purposes not prohibited under the Convention. Thus, Article VI requires a State Party to go further in its regulation of toxic chemicals than covering only the chemicals that come within the verification purview of the CWC. ... 

A number of CWC States Parties, however, have not incorporated the general purpose criterion in their legislation and also do not generally regulate the purposes of activities involving toxic chemicals. The lack of regulation of toxic chemicals that are outside the CWC s verification... 

It should be noted that some States Parties have argued that the specification in Article VI, paragraph 2, of the chemicals and facilities subject to verification means that a State Party may regulate only these and not go any further in its regulation of toxic chemicals. This view appears to be contradictory to the text of the provision, which states a broad rule and indicates that the verification of specific chemicals and facilities is a means to this end. The point is in any event made moot by the broader obligations introduced by Security Council Resolution 1540. 

Before discussing the regulatory initiatives underway in Canada and the European Union, let us consider first the statutory framework that governs the regulation of toxic chemicals in the United States. While a number of laws regulate toxic chemicals (Table 4.1), the centerpiece of toxics regulation is the Toxic Substances Control Act (TSCA) (Cornell University Law School 2009 U.S. EPA 2009). Under TSCA, businesses are required to report to EPA any chemical that is manufactured or... 

The 1990 Clean Air Act Amendments Hst 189 hazardous air pollutants (HAPs) that the EPA must regulate to enforce maximum achievable control technology (MACT) to standards which are to be set by the year 2000. The 33/50 project calls for reduction of emissions of 17 specified solvents to predetermined levels by 1995. The SARA statute provides a mechanism by which the community can be informed of the existence, quantities, and releases of toxic chemicals, and requires that anyone releasing specific toxic chemicals above a threshold level to annually submit a toxic chemical release form to the EPA. The status of various ketones under these regulations is shown in Table 4. 

The final verdict is still out on whether TSCA is sufficient to maintain adequate control of toxic chemicals. The years ahead may show that further regulation, legislation, and enforcement are necessary or that less is optimum to avoid restrictions on innovation. No doubt, just as now, a variety of opinions will exist. 

The waste generated by pharmaceutical companies have increased concerns about environmental and human safety. Direct releases of treated solvent wastes, hazardous work conditions, and accidental releases of toxic chemicals into the environment have led to the implementation of many laws and regulations... 

E. Regulatory Toxicology These aspects, concerned with the formulation of laws, and regulations authorized by laws, are intended to minimize the effect of toxic chemicals on human health and the environment. 

PCBs Polychlorinated biphenyls are a group of toxic chemicals used for a variety of purposes and found in a number of products, such as carbonless copy paper, adhesives, hydraulic fluids, and caulking compounds. They were originally used to insulate electrical equipment, and although they ve been banned in the United States since the late seventies, they are still found in water. They accumulate in the sediment at the bottoms of rivers and lakes, and build up in the fatty tissues offish. The primary effect of PCBs is on the endocrine system, which is responsible for regulating the hormones in our bodies. They are particularly dangerous to fetuses and young children. If PCBs get into your bloodstream, they can upset the body s natural hormone levels and can lead to birth defects and cancers. 

Toxic Substances Control Act (TSCA) Law passed in 1976 that governs the regulation of toxic substances in commerce, with the objective of preventing human health and environmental problems before they occur. The manufacturing, processing, or distribution in commerce of toxic substances may be limited or banned if EPA finds, based on results of toxicity testing and exposure assessments, that there is an unreasonable risk of injury to human health or the environment. Important hazardous chemicals regulated under TSCA include, for example, dioxins, PCBs, and asbestos. 

GAO (2007) Chemical Regulation. Comparison of U.S. and Recently Enacted European Union Approaches to Protect Against the Risks of Toxic Chemicals. Report to Congressional Requesters. GAO-07-825. Washington United States Government Accountability Office. 

L. Kramer, Introduction into the European chemicals regulation Basic Structures and Performance, Risk Assessment and Risk Management of Toxic Chemicals in the European Community Experiences and Reform,... 

The CWC furthermore requires States Parties to take measures to ensure that activities relating to toxic chemicals are conducted only for purposes not prohibited under the CWC. In part, this obhgation is met by the regulation of Scheduled chemicals and related facilities and of OCPFs. With regard to other toxic chemicals, however, a State Party may find that this provision requires it to enact provisions indicating the purposes for which activities involving toxic chemicals are permitted and/ or regulating toxic chemicals outside of those covered by the verification mechanisms of the CWC. 

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