Produits chimiques dangereux : les Etats-Unis s’inspirent de l’Europe[en] 

Stringent new European rules on the registration, evaluation and authorisation of chemicals (REACH) were adopted in December 2006. The rules aim to ensure that importers and producers of chemicals carry out basic health and safety testing for their products. 

The European Commission has noted that the United States, China and Japan are closely observing REACH implementation in the EU, and that REACH already affects global trade policy because the EU is one of the largest importers of chemicals and end products.

Even if similar chemical legislation is not yet applied on other continents, market forces are expected to drive countries outside the EU to take into account the requirements of REACH.

"Our oversight of the 21st century chemical industry is based on the 1976 Toxic Substances Control Act (TSCA ). But over the years, not only has TSCA fallen behind the industry it's supposed to regulate - it's been proven an inadequate tool for providing the protection against chemical risks that the public rightfully expects," said Lisa Jackson, the newly-appointed EPA administrator, as she outlined principles for reforming the act on 29 September.

Jackson stressed that manufacturers of existing chemicals are currently not required to produce data on toxicity and exposure needed to assess the potential risk of their products, nor demonstrate to EPA that their chemicals meet risk-based safety standards. 

While the EPA requires industry to conduct tests, these are "cumbersome and time-consuming" and leave "troubling gaps in the available data on many widely-used chemicals in commerce," said Jackson.

Indeed, under current law, the EPA can only ask manufacturers for toxicity data after having already received evidence that a chemical poses a risk, a procedure which runs completely contrary to EU legislation on the matter.   

The key principles for reform of the US chemical management legislation are:

• All chemicals need to be reviewed against safety standards that are based on sound science and reflect risk-based criteria to protect human health and the environment;
• manufacturers must develop and submit hazard, use, and exposure data demonstrating that new and existing chemicals are safe;
• risk management decisions must pay special attention to exposure and effects on groups with higher vulnerabilities, particularly children;  
• emphasis on timely assessment and action on priority chemicals, both existing and new ones; 
• encouraging innovation in green chemistry and ensuring transparency and public access to information;
• ensuring that the EPA receives sustained funding for implementation.

On this last point, the agency notes that "manufacturers of chemicals should support the costs of Agency implementation, including the review of information provided by manufacturers". 

Initiative broadly welcomed

While the new legislation may introduce new fees and safety tests for chemical companies, a US industry group welcomed the initiative.

Cal Dooley, president of the American Chemistry Council, said "we understand that industry has to provide more data and a greater transparency to that data". He argued that without a comprehensive approach, there will only be minor adjustments to the current federal regime, and industry will be left with a "patchwork" of state and federal laws that "will not enable a robust chemical management system". 

States such as California and Washington have passed their own laws in recent years to control chemical exposure.  

NGOs also welcomed the initiative. "It's a tremendous step forward," said Richard Wiles, head of the Environmental Working Group, a Washington-based environmental group, noting that the George W. Bush administration had opposed any significant changes in the law.

The final overhaul will need to be enacted by the US Congress.