Beveridge & Diamond
 
Related Practices
Related Practices
Related Industries
Related Industries

Proposed Legislation Would Overhaul TSCA

Beveridge & Diamond, P.C., April 23, 2010

The “Safe Chemicals Act of 2010” (“SCA”), S. 3209, introduced April 15 by Senator Lautenberg (D-NJ), proposes to fundamentally overhaul the Toxic Substances Control Act (“TSCA”).  A companion proposal in the House of Representatives, the discussion draft for the “Toxic Chemicals Safety Act of 2010” (“TCSA”),was released the same day by Representatives Waxman (D-CA) and Rush (D-IL).  This long-awaited legislation offers concrete targets for discussion and analysis in a political environment that features broad consensus regarding the need for modernization of TSCA, but far less consensus regarding the specific shape that modernization should take.  Stakeholder dialogue on the bills is ongoing, but major points of disagreement remain—even between the two bills themselves—and prospects for passage of the legislation during this term of Congress are low. 

This complex legislation would make extensive changes to the industrial chemicals management framework in the United States.  For the first time, chemical manufacturers, importers, and processors would be responsible for submitting a minimum data set for all chemicals in commerce and for establishing that their chemicals met a safety standard of “reasonable certainty of no harm.”  The Environmental Protection Agency (“EPA”) would be required to prioritize, evaluate, and manage new and existing chemicals in tight timeframes.  EPA’s authority to impose restrictions and conditions on existing chemicals would be greatly enhanced, particularly by its ability to impose such conditions in its safety determinations.  Confidentiality provisions would be narrowed, while EPA’s authority to order data production and testing would be expanded.  These and numerous other proposed changes to the legal framework would modernize various dimensions of TSCA, but would also impose substantial new burdens on both industry and EPA.  This alert reviews the major changes proposed by the SCA and the TCSA. 

Please click here for the entire article.

For more information, please contact Mark Duvall at mduvall@bdlaw.com or Alexandra Wyatt at awyatt@bdlaw.com.  

Overview

News

Presentations

Media Contact





Attorney Contacts
Attorney Contacts