April 14, 2015

　　On April 7, the House of Representatives Committee on Energy and Commerce’s Subcommittee on Environment and the Economy released the “TSCA Modernization Act.” This discussion draft seeks to modernize the Toxic Substances Control Act (TSCA) in an effort to improve chemical safety while also encouraging economic growth and innovation. The draft was introduced by Subcommittee Chairman John Shimkus (R-IL) and has the support of Full Committee Chairman Fred Upton (R-MI) and Ranking Member Frank Pallone (D-NJ). The subcommittee scheduled a hearing for the discussion draft on April 14.

　　At this time last year, Congressman Shimkus also introduced the Chemicals in Commerce Act in order to modernize TSCA, and the draft received widespread support, including from ACA. The draft did not advance, because bipartisan negotiations were strained. However, the subcommittee has picked up the reins to introduce a new discussion draft that seeks to improve the regulation and restore the public’s confidence in chemicals in commerce.

　　Unlike the Senate TSCA reform bill, the “Frank R. Lautenberg Chemical Safety for the 21st Century Act,” this draft is significantly shorter and narrower in scope. The TSCA Modernization Act focuses on a few portions of the TSCA law, including confidential business information (CBI), federal preemption, testing, reporting, and evaluating chemicals.

　　According to the Committee’s press release on the draft, the bill provides for the following:

　　Creates deadlines for EPA to take actions on chemicals, including risk evaluations and risk management rulemaking;

　　Allows EPA or a manufacturer who is willing to pay the cost to designate chemicals for risk evaluations;

　　Evaluates chemicals to determine whether or not they pose an unreasonable risk of injury to health or the environment. When conducting risk evaluations, EPA must evaluate the chemical substance under the intended conditions of use, and take into consideration vulnerable subpopulations such as children;

　　Requires that EPA consider, in addition to health and environmental considerations, cost effectiveness when promulgating a rule on a chemical;

　　Gives EPA authority to require testing of chemicals in order to conduct risk assessments;

　　Gives EPA authority to periodically collect information necessary to remove from the list any chemical substance that is no longer manufactured or processed in the United States;

　　Provides protections for confidential business information; and

　　Provides limited preemption of state law — once EPA takes a final action on a chemical, then that decision will preempt existing and future state actions on that same chemical.

　　The preemption provisions also allow states to adopt and enforce identical federal laws on a chemical, or “co-enforcement.” A final action on a chemical is when EPA makes a determination that the chemical poses no unreasonable risk of harm, or determines that the chemical does pose a risk of harm and completes risk management measures on the chemical.

　　Click here to view a copy of the discussion draft.

　　Contact ACA’s Javaneh Nekoomaram for more information.