2015 年 13 巻 1 号 p. 51-69
Regulation of the use of hazardous chemical substances is one of the principal means of controlling human or environmental exposure to such substances. In Japan, although the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc. (Kagakubusshitsu No Shinsa Oyobi Seizoutou No Kisei Ni Kansuru Houritsu, or Kashinho, in Japanese) provides measures for regulating the manufacture and import of industrial chemicals, it provides little for regulating the use of these chemicals. It does have a mechanism to do so, but the number of the substances it covers is limited to those that are persistent, bioaccumulative and toxic (PBT), and it accounts for only 30 substances. Regarding the U.S. environmental law, measures on chemical use control can be found in the Toxic Substances Control Act (TSCA). The "significant new use" regulation of existing chemical substances was embodied in the original act enacted in 1976, and has been regulating a new use that is considered to change the type or extent of exposure of human beings or the environment to chemical substances. This note attempts to provide a detailed analysis of the chemical use regulation in the U.S., focusing on "significant new use" regulation in the TSCA. It would provide helpful tips for the discussion on the forthcoming amendment of chemical risk management laws in Japan.