Toxic Substances Control Act Under the New Presidential Administration

Will the New Administration Further Erode the Toxic Substances Control Act?

The Toxic Substances Control Act (TSCA), enacted in 1976, was designed to regulate the manufacture, importation, processing, and distribution of chemicals in the United States. Overseen by the Environmental Protection Agency (EPA), the TSCA aims to prevent harmful chemicals from posing risks to human health and the environment. The act gives the EPA authority to evaluate chemicals and ban those deemed unsafe, addressing substances like asbestos, lead, and mercury.

The Toxic Substances Control Act Gets Updated

In 2016, the TSCA was amended with the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This update introduced mandatory risk evaluations for existing chemicals, strengthened safety standards, and improved transparency by requiring manufacturers to disclose safety data.

However, the TSCA has long been criticized for its limitations, particularly its inability to fully ban hazardous substances like asbestos. During the current President’s first term, the administration notably curtailed the regulation of toxic chemicals under the act. For example, the proposed bans on hazardous substances like trichloroethylene (TCE) and N-methylpyrrolidone (NMP) were halted, allowing continued use of products linked to cancer and birth defects.

In his second term, based on its campaign statements and past activities, many anticipate that the administration will persist in its deregulatory approach.

The 2025 Presidential Administration & TSCA Enforcement

Focused on Deregulation

The current administration’s emphasis n reducing regulatory burdens often have come at the expense of public health protections. While proponents argued this approach fuels economic growth, critics have instead drawn attention to the significant drawbacks, especially in the realm of chemical safety. The first administration’s policies weakened oversight mechanisms, limited funding for regulatory agencies, and delayed necessary reforms, all of which undermined the TSCA’s effectiveness. The same is expected during this term.

Este time around, The Environmental Protection Agency (EPA) is expected to maintain or further reduce chemical regulations, potentially limiting the scope of risk evaluations and enforcement actions under TSCA. Chemical innovation is critical for industries like manufacturing, agriculture, and consumer goods. However, innovation must not come at the cost of public health. Reduced oversight allows businesses to expedite product development but can expose consumers to greater risks, particularly from hazardous substances such as asbestos and contaminated talc.

Asbestos and Talc: A Case Study in Regulatory Challenges

Asbestos is a naturally occurring mineral that was once sought after for its durability and heat resistance. It was widely used in construction and industrial applications, until it gained status as a well-known carcinogen linked to diseases like mesothelioma, lung cancer, and asbestosis.

Talc, on the other hand, is a mineral that is safe to use unless it becomes contaminated with asbestos. Commonly used in cosmetics and personal care products for its moisture-absorbing properties, when talc deposits are located near asbestos, contamination can occur during mining. Contaminated talc has been known to lead to numerous diseases as well, particularly many forms of cancer.

The Issue of Asbestos-Contaminated Talc

Contaminated talc products pose significant health risks, particularly when inhaled or applied to the skin. In 2023, the FDA proposed standardized testing methods to detect asbestos in talc-containing products. The rule mandated advanced analytical techniques like Polarized Light Microscopy (PLM) and Transmission Electron Microscopy (TEM) to improve detection accuracy.

These efforts align with the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), which rolled out as a way to improve cosmetic safety oversight. However, under the current administration, pro-industry policies and weakened regulatory authority have slowed progress in addressing this critical issue.

The FDA’s Efforts to Improve Consumer Safety

In recent years, the FDA has intensified efforts to address asbestos contamination in talc. A key initiative has been the proposal of a standardized testing method for detecting asbestos in talc-based products. This represents a significant step forward, as inconsistent testing methodologies have long limited regulatory oversight and allowed potentially harmful products to remain on the market.

What is the FDA proposing on the issue of asbestos-contaminated talc-based products?

The proposed rule aims to create a uniform standard that manufacturers must adhere to, reducing the likelihood of asbestos exposure and improving consumer confidence. However, the success of this initiative hinges on effective implementation, which requires robust enforcement mechanisms and adequate funding. It also requires an agency leadership and mission that prioritizes protecting the health of the public. Without these components, the rule risks being a symbolic gesture rather than a transformative change.

During the President’s first term, funding and regulatory enforcement for public health initiatives, including those targeting asbestos in talc, were notably scaled back. This undermined the FDA’s ability to carry out comprehensive inspections and hold manufacturers accountable. If similar policies are pursued in a second term, the progress made in standardizing testing methods could stall or even regress. Regulatory rollbacks or prioritization of industry interests over public health could weaken the FDA’s authority to enforce stricter standards.

EPA’s Role in Asbestos Regulation Over the Years

The Environmental Protection Agency (EPA) first began regulating asbestos in the 1970s, driven by growing evidence of its serious health risks, including mesothelioma, lung cancer, asbestosis, and more. One of the earliest and most significant actions came in 1973 when the EPA banned the spray application of asbestos-containing materials in schools. This measure sought to reduce the risk of exposure among children and staff in educational settings, where asbestos had been widely used for fireproofing and insulation.

Building on this progress, Congress passed the Asbestos Hazard Emergency Response Act (AHERA) in 1986, which expanded the EPA’s role in managing asbestos risks, particularly in schools. AHERA required public and private schools to conduct inspections for asbestos-containing materials and develop management plans to prevent harmful exposures. These plans included measures such as safely maintaining asbestos in place when removal was not feasible and implementing protocols for safe handling during renovations or demolitions.

The Toxic Substances Control Act (TSCA) further enhanced the EPA’s ability to regulate asbestos, allowing the agency to restrict or ban asbestos-containing products based on comprehensive risk evaluations. TSCA amendments, such as those enacted in 2016 under the Frank R. Lautenberg Chemical Safety Act, strengthened the EPA’s authority to review and manage hazardous chemicals, including asbestos. This legislative framework enabled the EPA to identify high-risk asbestos uses and implement targeted restrictions to protect public health.

Setbacks Under the Returned Administration

Despite historical advancements in the EPA’s efforts to limit asbestos use, the toxin remains a complex regulatory challenge, as some uses still persist in the U.S. today under exemptions or legal loopholes. Asbestos also still lingers in numerous older buildings, posing an ongoing threat as these structures experience wear and tear with age.

Under the 2016-2020 administration, EPA’s efforts to regulate asbestos faced significant challenges from 2017 to 2021, including:

• Budget Cuts: The decision to reduce funding limited the agency’s capacity to enforce existing regulations.
• Policy Reversals: In 2019, the President allowed certain uses of asbestos, reversing previous efforts to phase out the substance entirely.
• Industry Influence: Pro-business policies prioritized economic goals over public health, delaying stricter regulations.

These setbacks represented a step backward in the fight against asbestos exposure, leaving vulnerable populations at greater risk, and many believe this may only get worse in the years to come.

Current Concerns: The Return of Deregulatory Policies

The current President’s reelection signals a continuation of pro-industry policies that prioritize economic growth over environmental and public health protections. Key concerns include all of the following:

Reduced Agency Capacity

As mentioned previously, budget cuts and staffing reductions reduce the ability for regulatory agencies like the EPA and FDA to enforce stricter asbestos regulations. Limited resources make it difficult to:

• Continue enforcing existing regulations.
• Conduct routine inspections necessary to ensure these regulations are being upheld.
• Develop and implement new safety standards.

Without these checks and balances, contaminated products can continue to make their way onto the market.

Delayed Reforms

Industry pushbacks and legal challenges often stall progress on stricter testing standards for hazardous substances like talc. This has happened time and again with asbestos, specifically, as over the years corporate execs have pushed back hard against efforts to take away an industry staple.

Knowing that this has been a long-held stance, particularly in manufacturing, limiting industry watchdog’s capability to police asbestos use could not only lead to ongoing use but cause an uptick in bringing contaminated talc products to market.

Erosion of Public Trust

Alignment with industry interests undermines confidence in regulatory agencies. Rebuilding public trust requires transparency, consistent enforcement, and evidence-based decision-making.

Sin embargo, recent developments, such as the EPA’s December 2024 ban on TCE and perchloroethylene (PERC) due to their links to cancer, may influence the current administration’s stance and help to solidify the agency’s credibility. These bans, implemented just before this President took office, are challenging to reverse and could prompt a reassessment of chemical safety policies.  Additionally, the recent appointment of Robert F. Kennedy Jr. as Secretary of Health and Human Services introduces a potential shift in focus. Known for his environmental advocacy, Kennedy may advocate for stricter controls on toxic substances, in general, potentially leading to internal policy debates within the administration.

Addressing Asbestos in Talc: A Path Forward

Public awareness and ongoing monitoring are vital to addressing the issue of asbestos contamination and exposure.

Upholding the Toxic Substances Control Act and ensuring products are free from asbestos contamination means regulators must implement comprehensive enforcement mechanisms, including regular inspections and significant penalties for non-compliance, to ensure adherence to safety standards. Regular and thorough testing of products is vital to identifying contamination and preventing harmful materials from reaching consumers. By holding manufacturers accountable through consistent oversight, regulatory bodies can establish a strong deterrent against negligence and non-compliance.

Transparency plays a vital role in empowering consumers and rebuilding trust in regulatory institutions. Public disclosure of testing results and the implementation of clear, standardized labeling for potentially hazardous materials can help consumers make informed purchasing decisions. When the public is well-informed, there is greater demand for safer products, which in turn incentivizes manufacturers to prioritize compliance with safety regulations.

Newer testing methods can help detect asbestos to lower the risks.

Advances in scientific research and innovation are also essential to improving asbestos detection and mitigating contamination risks. Investments in cutting-edge detection technologies can enhance the accuracy and reliability of testing processes, ensuring that even trace amounts of asbestos are identified. Independent studies can provide valuable insights that inform policy decisions and guide the development of safer product formulations.

International collaboration further strengthens efforts to combat asbestos contamination. Aligning U.S. standards with global best practices and facilitating the exchange of data and strategies across borders can enhance detection and prevention efforts. Non-governmental organizations (NGOs) like the Environmental Working Group (EWG) and the Asbestos Disease Awareness Organization (ADAO) play a central role in these efforts by conducting independent research, raising public awareness, and advocating for stronger regulatory measures.

Of course, despite these truths, significant challenges remain particularly under the current presidential administration. Industry influence, through corporate lobbying and resistance to stricter regulations, continues to obstruct meaningful progress. The pro-business position President Trump continues to take only worsens these challenges by prioritizing economic growth over public health. 

Decades of inadequate regulation have also left a legacy of persistent asbestos exposure, delayed justice for victims of related diseases, and eroded trust in regulatory agencies. Overcoming these obstacles requires a united effort, continued efforts to promote widespread awareness of the consequences of toxic chemicals and substances like asbestos, strong leadership, and a steadfast commitment to public health.