U.S. Senate Sends Long Awaited Environmental Statute Update to President
On June 7, 2016, the U.S. Senate passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The Act is a long-awaited update of the Toxic Substances Control Act (TSCA). Chemical companies and public health and environmental groups alike have been championing for an update to the TSCA for years.
Chemical companies have advocated for an update to the current TSCA because the law creates regulatory uncertainty through its allowance of states to pass their own legislation without Federal preemption. On the other hand, public health and environmental groups have advocated for an update because the current law does not allow the Environmental Protection Agency (EPA) to adequately regulate toxic substances such as asbestos.
The proposed update would create a risk-based standard that incorporates consideration of vulnerable populations when evaluating new and existing chemicals. The EPA would assume authority over testing and information required to support the chemical evaluations. Additionally, the law would create deadlines for evaluation of prioritized chemicals and action on known risks. Furthermore, the bill facilitates the transparent flow of information to states and consumers by limiting confidentiality suits and providing some confidential information to states and other appropriate health and environmental professionals.
Analysts have determined the proposed Act’s most stark differences from the current TSCA are centered around the Act’s ability to preempt state law. Under the proposed legislation, if the EPA makes a determination that a chemical does or does not present a risk, that finding preempts state law that may reflect otherwise. Additionally, the new act creates “a high-priority pause” that would prevent the use of a chemical, regardless of a state’s finding about potential risk of the chemical, while the EPA is evaluating whether the chemical presents an unreasonable risk under the proposed conditions of use.
The bill would establish a source of funding for the EPA to accomplish its responsibilities under the Act. The President is expected to sign the bill into law.