USA: Introducing Chemicals Policy Reform
21 April 2010

It has been a long and winding road, but on 15 April 2010 US Senator Lautenberg in the U.S. Senate introduced a new bill aiming at reforming the US Chemicals system, the so-called Toxic Substances Act, TSCA of 1976.

In parallel, US Congressmen Bobby Rush and Henry Waxman released in the US Congres the Toxic Chemicals Safety Act of 2010, a similar but not identical proposal in the form of a discussion draft, rather than a bill.

TSCA has over the years been heavily criticized by authorities, public interest organisations and large parts of industry as painfully inadequate to protect human health and the environment from hazardous chemicals. Several (failed) attempts have over the years been made to reform TSCA, for example through the so-called Kids Safe Chemicals Act of 2008.

This time the setting is somewhat different. Industry as well as public interest organsiations agree that the current system is ineffective, the scientific evidence is too overwhelming - TSCA does not deliver the protection required, a thorough reform is needed.

Furthermore, EU regulators have shown the need, and possibility, of a comprehensive chemicals regulatory system through REACH.

Safe Chemicals Act of 2010 and the Toxic Chemicals Safety Act of 2010

On presenting his proposal, the Safe Chemicals Act of 2010 Senator Lautenberg commented:

"America's system for regulating industrial chemicals is broken. Parents are afraid because hundreds of untested chemicals are found in their children's bodies. EPA does not have the tools to act on dangerous chemicals and the chemical industry has asked for stronger laws so that their customers are assured their products are safe. My 'Safe Chemicals Act' will breathe new life into a long-dead statute by empowering EPA to get tough on toxic chemicals. Chemical safety reform is not a Democratic or Republican issue, it is a common-sense issue and I look forward to building bipartisan support for this measure."

The Safe Chemicals Act includes a number of essential reforms that would substantially improve public health protections:

  • Requiring chemical companies to develop and make publicly available basic health and safety information for all chemicals.
  • Requiring chemicals to meet a safety standard that protects vulnerable sub-populations, including pregnant women and children.
  • A new program to identify communities that are "hot spots" for toxic chemicals and to take action to reduce exposures.
  • Expediting safety determinations and actions to restrict some of the most notorious chemicals, like formaldehyde, vinyl chloride, and flame retardants.

The parallel proposal tabled in the US Congress by Representatives Rush and Waxman is named the Toxic Chemicals Safety Act of 2010 .
The Safer Chemicals, Healthy Families coalition

ChemSefc has for several years been in close contact with some f the key players in The Safer Chemicals, Healthy Families coalition, a broad coalition of more than 200 public health and environmental organizations in the US working to ensure TSCA reform. The Safer Chemicals, Healthy Families coalition have announced their support for the "Safe Chemicals Act of 2010".

Safer Chemicals, Healthy Families coalition website

"We applaud Senator Lautenberg and Congressmen Waxman and Rush for introducing legislation that would dramatically improve our nation's chemical safety system," said Richard A. Denison, Ph.D., senior scientist at the Environmental Defense Fund, part of the coalition. "Their continued leadership will be vital, however, to make several needed improvements in the bill as it moves through the legislative process, to ensure it delivers on its promise to implement a safety system that truly protects all Americans."

Safer Chemicals, Healthy Families coalition press release


The Lautenberg Safe Chemicals Act
Summary
The Rush, Waxman Release Discussion Draft of the Toxic Chemicals Safety Act
Toxic Chemicals Safety Act of 2010 (TCSA), Discussion Draft Text
Toxic Chemicals Safety Act of 2010 (TCSA), Section by Section of the Discussion Draft
Toxic Chemicals Safety Act of 2010 (TCSA), Discussion Draft Sum