TSCA Modifications On The Move Again

The Toxic Substances Control Act of 1976 provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides. TSCA addresses the production, importation, use and disposal of specific chemicals.

Now, the Frank R. Lautenberg Chemical Safety for the 21st Century Act was introduced by Sens. Tom Udall (D-New Mexico) and David Vitter (R-Louisiana.) It creates a cohesive, effective national chemical management system that will give consumers, retailers, manufacturers, public health advocates and regulators confidence that the chemicals in commerce are being used safely. Among other provisions, the bill subjects all new and existing chemicals to an EPA safety review; strengthens the law's safety standard; strengthens protections for the most vulnerable; sets aggressive and attainable deadlines; promotes cooperation between state and federal regulators, while promoting a cohesive approach to chemical regulation; and preserves existing private rights of action.
 
Industry associations like the American Chemistry Council (ACC) are on board with the modifications. According to ACC President and CEO Cal Dooley, “Senators Vitter and Udall are to be commended for their undaunted commitment to reaching an agreement to finally update TSCA. Stakeholders from industry, environment, public health, civil justice and labor organizations have provided input over more than two years of negotiations, and this bill is the best and only opportunity to achieve a pragmatic, bipartisan solution to reform chemical regulation. Importantly, this legislation will offer the kind of predictability, consistency and certainty that manufacturers and the national marketplace need, while also strengthening oversight and providing consumers with more confidence in the safety of chemicals. After lengthy negotiations and significant compromise, it is time to move the legislation through the Committee on Environment and Public Works and to the floor for full Senate passage.”
 
The American Cleaning Institute (ACI) also welcomes the introduction of this bipartisan legislation that is said to strengthen and modernize the nation’s key chemical management law.
 
“We applaud Senators Udall and Vitter and the legislation’s co-sponsors for setting us on the path to passing a more effective law to govern chemicals in commerce,” said ACI President & CEO Ernie Rosenberg. “These Senators have worked incredibly hard to get us to this point. We cannot let a once-in-a generation opportunity pass us by that could enact a meaningful, bipartisan solution to the outdated federal chemical management system we have had in place since 1976.
 
“A stronger federal chemical law should reflect progress in science and technology and advance further innovations. A well-designed, updated law can further enable our industry’s ongoing work to develop and innovate more sustainable cleaning products. We look forward to working with lawmakers and other stakeholders to move this process forward in the days to come.”
 
But not everyone is enthusiastic about the proposed changes in TSCA. Daniel Rosenberg, senior attorney in the Health Program at the Natural Resources Defense Council, commented, “This important chemical safety law needs to be updated, and the bill has improved notably since the original version introduced two years ago.  But the proposal still contains rollbacks and loopholes that make it worse than current law.  For example, a lax Environmental Protection Agency could use the bill to give a green light to deregulate hundreds of controversial chemicals with minimal review.  The bill also would block state action even when EPA has done nothing to protect the public.  The bill’s failings would be easy to remedy, and we continue to work to get this bill to a point where it would be acceptable.”