Identifying and Regulating Priority Chemicals
Background
Chemicals are emitted by a wide array of products used indoors—from buildings materials and furnishings to household products and office equipment. According to EPA, studies have found that "levels of several organics average 2 to 5 times higher indoors than outdoors." In its 2005 report, Indoor Air Pollution in California, the California Air Resources Board (CARB) discussed a wide range of adverse health impacts associated with indoor chemical exposures, including irritant effects, allergic reactions, respiratory disease, developmental effects, organ damage, and cancer. At the same time, the report noted that “[s]cientific study has only touched the ‘tip of the iceberg’ in understanding all VOCs in indoor air.”
The principal federal law governing chemicals management in the U.S. is the Toxic Substances Control Act (TSCA), implemented by EPA. Following decade of limited agency action to require testing or ban/limit the use of chemicals listed on the TSCA Inventory, the law was amended in 2016 to establish a variety of significant reforms, including stricter requirements and deadlines for EPA to evaluate existing chemicals and conduct risk-based assessments. For information EPA regulatory actions under TSCA, see EPA, Assessing and Managing Chemicals under TSCA.
EPA describes the relationship between TSCA and state chemical regulation this way: "States can continue to act on any chemical, or particular uses or risks from a chemical that EPA has not yet addressed...States also retain the authority to address local environmental concerns...[and] the law preserves state laws already on the books."
State Laws
A considerable number of states have enacted laws or regulations restricting the use of specific chemicals in products, including policies addressing formaldehyde, PBDEs (flame retardants), phthalates, and PFAS. This Policy Brief describes state laws that have established broader policy frameworks for managing chemical risks by requiring the identification and prioritization of chemicals of concern. Some of these laws also establish provisions for considering safer alternatives to priority chemicals, requiring manufacturer reporting on the use of priority chemicals, banning or restricting the use of particular priority chemicals, and promoting information exchange and research on priority chemicals. Most of the state laws described below focus primarily on chemicals in children’s products.
Policies last updated: Feb. 2024
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