Information needs for TSCA and FIFRA

Abstract

The Toxic Substances Control Act¹ (TSCA) and the Federal Insecticide, Fungicide and Rodenticide Act² (FIFRA) are similar in many ways. Both establish a legal framework for the regulation of products. This is in contrast to the other laws administered by the U.S. Environmental Protection Agency (EPA or the Agency) that are focused on the regulation of pollutants (e.g., hazardous waste, effluents, emissions), the media that they pollute (e.g., soil, water, air), or sources of pollution (e.g., waste treatment facilities, industrial sites, automobiles). Congress recognized the differences between regulation of pollutants and regulation of products by establishing an “unreasonable risk” standard for action under both TSCA and FIFRA. This means that EPA must take the benefits of the regulated products into account, as well as the risks of such products. Risks and benefits must be weighed and balanced in every major regulatory decision.