New Senate Bill Would Overhaul TSCA and Require Safety Testing for Chemicals

April 16, 2010 by Karen Marzullo|Congress

On April 15, 2010, Senator Lautenberg introduced the “Safe Chemicals Act” (S. 3209), a bill to overhaul the Toxic Substances Control Act of 1976.

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S. 3209 would require safety testing of all industrial chemicals, and put the burden on industry to prove that chemicals are safe in order to stay on the market. Under current policy, the EPA can only call for safety testing after evidence surfaces demonstrating a chemical is dangerous. The new legislation would give EPA more power to regulate the use of dangerous chemicals and require manufacturers to submit information proving the safety of every chemical in production and any new chemical seeking to enter the market.

Highlights of the Safe Chemicals Act of 2010

According to the press release, S. 3209 would:

Minimum data for each chemical produced - require manufacturers to develop and submit a minimum data set for each chemical they produce, while also preventing duplicative or unnecessary testing. EPA would have full authority to request additional information needed to determine the safety of a chemical.
Prioritize chemicals based on risk - call on the EPA to categorize chemicals based on risk, and focus resources on evaluating those most likely to cause harm.
Safety threshold for all chemicals on the market - place the burden of proof on chemical manufacturers to prove the safety of their chemicals. All uses would have to be identified and determined safe for the chemical to enter the market or continue to be used.
Fast action on highest risk chemicals- require EPA to take fast action to reduce risk from chemicals that have already been proven dangerous. In addition, the EPA Administrator is given authority to act quickly if any chemical poses an imminent hazard.
Open access to reliable chemical information - establish a public database to catalog the information submitted by chemical manufacturers and the EPA’s safety determinations. The EPA would impose requirements to ensure the information collected is reliable.
Innovation and development of green chemistry- establish grant programs and research centers to foster the development of safe chemical alternatives, and brings some new chemicals onto the market using an expedited review process.

(See ITT’s Online Archives or 03/17/10 news, (Ref: 10031725), for BP summary of the House Energy and Commerce Subcommittee’s third TSCA reform hearing.

See ITT’s Online Archives or 01/04/10 news, (Ref: 10010415), for BP summary of EPA’s plans for “chemicals of concern.”

See ITT’s Online Archives or 12/14/09 news, (Ref: 09121430), for BP summary of Senate oversight hearing on TSCA reform.

See ITT’s Online Archives or 12/01/09 news, (Ref: 09120125), for BP summary of House Subcommittee hearing on TSCA reform.

See ITT's Online Archives or 10/16/09 news, (Ref: 0910625), for BP summary of Jackson outlining the six principles and action it is taking until TSCA reform occurs.)

Senator Lautenberg’s press release (dated 04/15/10) available at http://lautenberg.senate.gov/newsroom/record.cfm?id=323863&

Senator Lautenberg’s summary of S. 3209 available at http://lautenberg.senate.gov/assets/SCA2010Summary.pdf.

Text of S. 3209 available at http://lautenberg.senate.gov/assets/SCA2010.pdf.