TSCA Reform Legislation Introduced in the U.S. Senate

The Toxic Substances Control Act of 1976 (15 U.S.C. §2601 et seq., 1976) provides the USEPA with the authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures.  Certain substances are generally excluded from the Toxic Substances Control Act (TSCA), including, among others, food, drugs, cosmetics, and pesticides. However, TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), radon, and lead-based paint.

 

The environmental community has been concerned that TSCA has become outdated since its enactment in 1976 and from their perspective, that TSCA has not successfully protected Americans from “dangerous” chemicals. In particular, the environmental community states that of the 80,000 chemicals currently on the market, the USEPA has required the regulated community to perform health risk testing under Sections 4 and 5 of TSCA on only approximately 200 of these chemicals. A summary of the environmental community perspective on TSCA is provided in comments by the Honorable Bobby L. Rush (D-IL) at the opening of TSCA review hearings in the House on February 27, 2009 (http://www.blueplanetgreenliving.com/2009/02/27/toxic-substances-control-act-hearings-%E2%80%94-a-hopeful-start/). In response to the environmental community concerns, on April 15, 2010, Senator Frank Lautenberg (D-NJ) introduced a “long-anticipated” bill in the Senate to reform TSCA, entitled the “Safe Chemicals Act of 2010.” A copy of the bill can be obtained at http://lautenberg.senate.gov/assets/SCA2010.pdf.

 

According to an on-line article by Time, “The bill will eventually allow for the testing, in some format, of every chemical in use in the U.S. today, but chemicals of concern-for which existing data suggest potential harm to human health or the environment-would likely move to the front of the list. http://www.time.com/time/health/article/0,8599,1982489,00.html#ixzz0lHFPbQZQ

 

Based on an “Issue Alert, Senator Lautenberg Introduces TSCA Reform Legislation” (April 15, 2010) prepared by the U.S. Chamber of Commerce, the U.S. Chamber looks forward to participating with both the Senate and the House “to ensure that TSCA reforms are based on sound science and protect the safety of all consumers, while promoting jobs and innovation.” As excerpted from the “Issue Alert,” the U.S. Chamber of Commerce also states:  

 

“While the Chamber believes that TSCA has been protective of human health and the environment, we support efforts to modernize TSCA to reflect technological advances that have occurred since its passage. Any changes, however, must ensure an effective chemical regulatory system that promotes safety, job creation, and innovation.

 

The Chamber agrees with certain concepts in the bill, such as: a risk-based approach to prioritizing chemicals for review, efforts to minimize animal testing and practical approaches to information and data development.

 

Unfortunately, the bill lacks an adequate preemption provision and instead allows states to develop different chemical management standards that will result in a patchwork of laws that will make it difficult to bring products to the marketplace.  The Chamber also objects to the proposed standard for decision-making, and providing EPA authority that infringes on other agency jurisdictions.”

 

This article was authored by Greg Tieman, Acacia Environmental Group LLC. For more information on the author see here.