Apr 15-Senator Frank Lautenberg (D., NJ) today introduced Senate legislation for reforming the U.S. Toxics Substances Control Act (TSCA), and Representative Henry Waxman (D., CA) followed soon after with a slightly different House version of the bill. Both would adopt a safety standard ensuring a reasonable certainty of no harm, similar to that in the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). Chemicals of highest concern would be subject to an expedited safety determination requirement and/or actions to reduce their use or exposure and ensure protection of vulnerable populations are not disproportionately affected, says the Environmental Defense Fund (EDF; New York). The proposals also would also consider aggregate exposure to multiple sources of a chemical.
Both bills leave certain issues open to interpretation by EPA or possible revisions during legislative negotiations. Environmental groups say weaknesses include clauses allowing new chemicals to enter the marketplace with inadequate safety data as long as they do not raise certain flags. Those flags including evidence of certain adverse human health effects, widespread use in consumer products, or high levels of exposure would redirect certain new substances to EPA for further scrutiny. Substances that do not raise any of those flags would be allowed to go to market directly more or less, and environmental groups say they worry the provision would contravene the intent of TSCA reform by failing to put a gate right at the beginning of the regulatory process.
Some of industry s preliminary concerns deal with a lack of clarity regarding the risk standard. The draft bills seem to be creating a mandate for industry to analyze and assess a cumulative impact of chemicals in commerce and also ensure protections from any and all adverse reactions, says ACC president and CEO Cal Dooley. That is a standard that may be impossible to meet, Dooley adds.
The release of the bill will be an important test of the ability of industry and nongovernmental organizations (NGOs) to work together on reforming the 1976 law, an issue that both sides say is a top priority. Environmentalists have welcomed ACC s change of position on TSCA reform, but say there is still no clear evidence that it is truly willing throw its weight behind some of the more key components of a TSCA reform bill. Likewise, industry has raised concerns that the bill advocated by NGOs sets an unreasonably high bar for industry that could hamstring commerce and compliance, while providing few environmental benefits. ACC started advocating a reform of TSCA last year, reversing a long-held position that TSCA reform is unnecessary.
Both bills leave certain issues open to interpretation by EPA or possible revisions during legislative negotiations. Environmental groups say weaknesses include clauses allowing new chemicals to enter the marketplace with inadequate safety data as long as they do not raise certain flags. Those flags including evidence of certain adverse human health effects, widespread use in consumer products, or high levels of exposure would redirect certain new substances to EPA for further scrutiny. Substances that do not raise any of those flags would be allowed to go to market directly more or less, and environmental groups say they worry the provision would contravene the intent of TSCA reform by failing to put a gate right at the beginning of the regulatory process.
Some of industry s preliminary concerns deal with a lack of clarity regarding the risk standard. The draft bills seem to be creating a mandate for industry to analyze and assess a cumulative impact of chemicals in commerce and also ensure protections from any and all adverse reactions, says ACC president and CEO Cal Dooley. That is a standard that may be impossible to meet, Dooley adds.
The release of the bill will be an important test of the ability of industry and nongovernmental organizations (NGOs) to work together on reforming the 1976 law, an issue that both sides say is a top priority. Environmentalists have welcomed ACC s change of position on TSCA reform, but say there is still no clear evidence that it is truly willing throw its weight behind some of the more key components of a TSCA reform bill. Likewise, industry has raised concerns that the bill advocated by NGOs sets an unreasonably high bar for industry that could hamstring commerce and compliance, while providing few environmental benefits. ACC started advocating a reform of TSCA last year, reversing a long-held position that TSCA reform is unnecessary.
