TSCA Reform

Efforts to reform TSCA kindled in 2010 with the introduction of the Toxic Chemicals Safety Act of 2010 into the House of Representatives and the Safe Chemicals Act of 2010 into the Senate. Those efforts failed to gain momentum, however. 

In 2013, the Chemical Safety Improvement Act (CSIA, S. 1009) was introduced into the Senate [178]. This proposed bill differed markedly from TSCA in several respects. Although debate over the legislation continues as of this writing, the provisions of the CSIA may indicate the direction that chemical control law will take in the United States. These provisions include the following  

Product Stewardship Life Cycle Analysis and the Environment 

The proposed CSIA contains other hotly debated provisions regarding preemption of state regulations, the management of confidential business information, and deadlines for certain actions. Debate over the bill continued as of late 2014 [179]. 

In 2014, while the Senate was discussing the CSIA, the Chemicals in Commerce Act (CICA) was introduced into the House of Representatives. But debate stalled and the bill was not expected to pass in 2014 [180]. 

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Denison, R. A. (2009) Ten Essential Elements in TSCA Reform. Environmental Law Reporter 39, 10020-10028. 

The experience with REACH has shown that there are substantial costs involved in implementing a program that embodies the precautionary principle. In the current economic cHmate it is likely that legislators will strive to balance the demands for TSCA reform against the demands from industry to keep the chemical industry viable. 

The history of the Kid-Safe Chemicals Act is instructive in demonstrating that even relatively uncontroversial laws may not be readily enacted. This proposed legislation, which has garnered broad support among legislators, has not been enacted as of this writing. Its elements are very similar to the TSCA reform principles set out by Ms. Jackson, in that ... 

Different stakeholder groups are aligning themselves for a lively debate over the future of TSCA reform. Congress has held hearings to focus the legislative issues, and while it is premature to predict any outcome it is clear... 

Entering TSCA reform into any search engine brings numerous policy statements from environmental and industry advocates, as well as the EPA. Debate over TSCA reform has proceeded for many years, with no action as of yet on the horizon. 

Keep an eye out for other EU REACH-like laws. China, for example, now has an EU REACH-like law. TSCA reform at the federal level, whenever it may happen, will influence chemical exposures in the workplace, perhaps in a REACH-like way. 

Kumar, D. 2014. Chance of 2014 TSCA reform in US Congress dwindling -Industry sanguine about 2015 passage. Chemical Watch. August 26. Available at http //chemicalwatch.com/20964 (accessed November 2, 2014). 

However, if the choice is made to develop TSCA, then a number of basic amendments are needed, partly in line with an improved version of REACH, as sketched above. In my view, a reform should include the following43 ... 

Applegate, J. S. (2008) Synthesizing TSCA and REACH Practical Principles for Chemical Regulation Reform. See http //ssm.com/abstracts=1183942. 

C.RR. 716.5. In 1998, EPA narrowed the scope of persons subject to TSCA 8(d) reporting to generally exclude processors as part of regulatory reform, concluding that narrowing the scope of persons covered would have but a negUgible impact on the type and comprehensiveness of information submitted. 63 Fed. Reg. 15765 (Apr. 1,1998). 

Toxicology ACGIH TLV/TWA 0.05 mg(Co)/m tumorigen mutagenic data TSCA listed Uses Catalyst in petroleum technology, reforming, and desulfurization Manuf./Distrib. AAA Molybdenum Prods. 

Legislative efforts to reform TSCA circa 2010-2014 reexamined key provisions including the US EPA s authority to require test data, and the standard and methodology for assessing risk. As of this writing, in late 2014, the debates continued. 

Senator Frank Lautenberg (D-NJ) recently introduced legislation to reform the 1976 Toxic Substances Control Act (TSCA) — a measure supported by a coalition of nearly 300 health and environmental organizations. 

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