U.S. Senate Holds Hearing on Federal Toxic Substances Control Act (TSCA) Reform

The U.S. Senate Committee on Environment and Public Works, chaired by Senator Barbara Boxer (D-CA), and its Subcommittee on Superfund, Toxics and Environmental Health, chaired by Frank Lautenberg (D-NJ), convened a hearing on Wednesday, December 2, 2009 to examine the Federal Toxic Substances Control Act (TSCA).  This is the third Congressional hearing this year on reforming the 33 year-old law. 

Senator Boxer said TSCA reform is her number one priority and she’s proud to represent the state of California, the leader in chemical regulation in the U.S.  Senator Boxer also said that it was past time to overhaul the entire chemical industry and although she was proud to lead the regulation of phthalates under the Consumer Product Safety Improvement Act (CPSIA) she did not want to see these issues addressed piece-meal but rather all together in one piece of sweeping legislation.

Senator Lautenberg announced during the hearing that he plans to reintroduce his TSCA Reform legislation in the next few weeks.

"Often when government tries to write new laws or modernize old ones, there is resistance," Lautenberg said during the hearing. "But this is a case where everyone agrees on the need for change. We need to make good on this unique opportunity. That's why in the coming weeks, I plan to re-introduce legislation to strengthen our chemical laws. Our bill will put the burden of proving chemical safety where it belongs: on chemical companies. Instead of waiting for a chemical to harm someone’s health, it will require companies to prove that their products are safe before they end up in a store, in our homes, or in our bodies. We already regulate pesticides and pharmaceuticals this way -— it's just common sense that we do the same for chemicals that are used in everyday consumer products."

During her testimony before the committee, Environmental Protection Agency (EPA) Administrator Lisa Jackson used the hearing as an opportunity to present the Obama Administrations’ Essential Principles for Reform of Chemicals Management Legislation which were created to aid Congress during the legislative process. The principles, listed below, present the administration’s goals for legislation that will give EPA the mechanisms and authorities to expeditiously target chemicals of concern and promptly assess and regulate new and existing chemicals in commerce:

• ­Chemicals should be reviewed against risk-based safety standards based on sound science and protective of human health and the environment;
• Manufacturers should provide EPA with the necessary information to conclude that new and existing chemicals are safe and do not endanger public health or the environment;
• EPA should have clear authority to take risk management actions when chemicals do not meet the safety standard, with flexibility to take into account sensitive subpopulations, costs, social benefits, equity and other relevant considerations;
• Manufacturers and EPA should assess and act on priority chemicals, both existing and new, in a timely manner;
• Green Chemistry should be encouraged and provisions assuring Transparency and Public Access to Information should be strengthened; 
• EPA should be given a sustained source of funding for implementation.

Following Administrator Jackson’s testimony, most Committee Members left the hearing room; Chairman Lautenberg continued the session with a two-person panel comprised of John Stephenson, Director, Natural Resources and Environment, GAO, and Linda Birnbaum, Director, National Institute of Environmental Health Sciences.  Both Birnhaum and Stephenson echoed many of the same sentiments for the need to protect the public from dangerous chemicals through reform.

TIA members will be kept apprised as additional information regarding the TSCA reform becomes available.