Debate Heats Up Chemicals Law Reform

Released Aug. 30, 2010

Legislation is pending in both chambers of the U.S. Congress to overhaul the Toxic Substances Control Act (TSCA), which has not been updated since its enactment in 1976. According to environmental and health advocate groups, TSCA is inadequate at protecting both people and the environment from toxic chemicals since the thousands of new chemicals that have been created since its passage are excluded from its mandates.

In the U.S. House of Representatives, Reps. Henry Waxman (D-Calif.) and Bobby Rush (D-Ill.) introduced a measure, the Toxic Chemicals Safety Act of 2010, which would for the first time provide the U.S. Environmental Protection Agency (EPA) with the authority to restrict and ban unsafe chemicals from use. The legislation would amend TSCA to:

• require chemical manufacturers to submit to EPA information on chemical identity, substance characteristics, toxicological properties, hazard, exposure and use;
  
• mandate EPA to establish a “no-harm” standard, which would require proof of zero risk for many chemicals;
  subject new chemicals and new uses of existing chemicals to a year-long review by EPA;
  
• establish a prioritization system, requiring a safety standard determination for chemical substances and mixtures—the initial priority list would consist of 19 chemicals (including bisphenol-A, certain phthalates, lead, mercury and other chemicals);
  
• expand the list to 300 chemical substances and mixtures within a year of enactment;
  
• place importers of chemicals and substances under the same requirements as chemical manufacturers.

The bill has garnered significant opposition from the chemical manufacturing industry. In testimony before the House Energy and Commerce subcommittee, the American Chemistry Council said it believes the legislation “creates additional burdens that do not contribute to and, in fact, detract from making advances in safety, while coming up short with respect to promoting innovation and protecting American jobs.” Several chemical companies highlighted their opposition, claiming the proposal would have the effect of discouraging the introduction of new chemicals and could put U.S. companies at a disadvantage to foreign competitors. Industry also is concerned about limiting the ability of manufacturers to protect confidential business information, saying the bill would likely require EPA to provide standards for, and facilitate the sharing of, chemical identity and safety information with workers and their representatives.

Similar legislation is pending in the U.S. Senate. Additional hearings on TSCA reform are expected this fall. For a section-by-section summary of the House bill, go to the Energy and Commerce website, energycommerce.house.gov and click on “Legislation” and then “Featured Legislation” on the drop-down menu.