TSCA Reform Bill Introduced

Under legislation introduced in the House of Representatives on July 22, EPA for the first time would determine whether commercial chemicals are safe.

The measure (H.R. 5820) would revamp the Toxic Substances Control Act, the federal law governing the manufacture of chemicals. TSCA has remained virtually unchanged since it was signed into law in 1976.

"Reform of the Toxic Substances Control Act is long-overdue," says Rep. Henry A. Waxman (D-Calif.), chairman of the House Energy & Commerce Committee. "Under this legislation, all chemicals will be reviewed for safety, dangerous chemicals will be restricted or eliminated, and new, safer chemicals will be developed more rapidly to move our economy toward a sustainable future."

The bill would require companies to supply EPA with a minimum set of data on each compound they produce or import. This information would include chemical identity plus data on the substance's hazard, exposure, and use. The agency would use the information to determine whether substances are safe and regulate or phase out those that aren't. The legislation would allow EPA to exempt chemicals already known to be safe from data requirements.

H.R. 5820 also would require chemical manufacturers and processors to disclose ingredients of their products through the supply chain.

This provision "will permanently shine the bright light of public disclosure on a range of chemicals that consumers encounter in a diverse array of products they use each and every day," says Rep Bobby L. Rush (D-Ill.), who introduced the measure with Waxman. Rush chairs the House Energy & Commerce Subcommittee on Commerce, Trade, & Consumer Protection, which oversees TSCA implementation.

In addition, the bill would loosen the now-strict protections for confidential business information that that companies share with EPA. The legislation would allow EPA to share some of this data with state regulators and workers in the chemical industry.

The American Chemistry Council, an association of chemical producers that has backed reform of TSCA, calls the bill "a step toward modernization of the nation's chemical safety laws." But lawmakers need to hone the measure "to develop legislation that protects consumer safety, preserves America's position as a leading innovator, and safeguards American jobs," ACC says.

The Society of Chemical Manufacturers & Affiliates, another industry association, is more critical. SOCMA says H.R. 5820 "would significantly hamper innovation and impose stringent regulatory burdens on batch, specialty, and custom chemical manufacturers," particularly the small and mid-sized companies that the group represents. The organization is particularly concerned about the scope of minimum data sets required for all chemicals, which will involve toxicity testing. SOCMA is also worried that the legislation won't prevent confidential business information from ending up in the hands of competitors.

Environmentalists, in contrast, praised the bill.

H.R. 5820 "will reduce chronic disease in this country, a burden that scientists have increasingly linked to toxic chemicals found in our homes and places of work," says Andy Igrejas, Director of Safer Chemicals, Healthy Families, a coalition of 250 environmental and public health groups. "It will also give American manufacturers and retailers the tools they need to compete in a world demanding safer products," Igrejas adds.

The Commerce, Trade & Consumer Protection Subcommittee is scheduled to hold a hearing on the bill on July 29.