BIPARTISAN BILL INTRODUCED IN SENATE TO UPDATE TOXIC SUBSTANCES CONTROL ACT

By TONI ELLINGTON

The Senate is considering a bill which would update the Toxic Substances Control Act (“TSCA”), which governs the introduction of new chemicals and also regulates existing chemicals.  The bill, which is called the Frank R. Lautenberg Chemical Safety for the 21st Century Act, was proposed by Senator David Vitter, R-Louisiana, and Senator Tom Udall, D-New Mexico.  The bill currently has 16 co-sponsors in the Senate:  8 Democrats and 8 Republicans.

TSCA was enacted in 1976 and has not been updated since its enactment because of Congress’ inability to obtain bipartisan support for any proposed revisions. TSCA controls such things as occupational workers’ exposure to hazardous chemicals in the workplace.  Since 2009 and before, consumers, environmental justice groups, and even the chemical industry have recommended modernizing TSCA.

The proposed bill would ensure that costs could not be considered when determining the safety of a chemical.  Also, new chemicals could not be manufactured until approved by the EPA.  The bill would mandate a safety review for all chemicals, even those grandfathered in when TSCA was enacted.  The bill would set deadlines for EPA actions to evaluate chemicals.

The proposed bill is supported by chemical manufacturing giant Dow Chemical.

For updates, contact Toni Ellington at (504) 599-8500.