U.S. Chemicals policy has been in place since 1976 with the passage of the Toxic Substances Control Act (TSCA) which provides the Environmental Protection Agency (EPA) with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures.  

Since TSCA was put in place in 1976, not much has changed with domestic chemicals policy, while the rest of the world has been scrambling to keep up with the European Union’s overhaul of its chemicals policy (EU REACH) since it passed in 2006 and entered into force in 2007. Since the passage of EU REACH, and other international REACH-like regulations, the U.S. has finally accelerated its focus on TSCA reform, putting more activity into domestic chemicals policy in the past two years than in the previous 35. Change in congressional attention to TSCA stared with legislative developments in 2010. On April 15, 2010 The “Safe Chemicals Act of 2010” (S. 3209), sponsored by Frank Lautenberg, was read twice and referred to the Committee on Environment and Public Works. In the same month “The Toxic Chemicals Safety Act of 2010” (H.R. 5820), sponsored by Congressman Bobby Rush, was drafted and then later introduced in House on July 22, 2010. Most recently, on April 14, 2011, these bills emerged with further changes made from their 2010 versions and became introduced as the “Safe Chemicals Act of 2011” (S. 847), sponsored by Senator Lautenberg.  

S. 847 is aimed at reforming the Toxic Substances Control Act of 1976 by including significant changes such as: safety data; assessment of safety of chemicals; scope of assessment; burden of proof; chemicals and exposures of high concern; regulatory action; information access/confidential business information (CBI); and rulemaking requirements. Even more changes were made from the 2010 versions to the 2011 version including: changes in definitions; minimum data sets and testing; prioritization; burden of proof; and disclosure of data (CBI).   

While the revamping of TSCA is a much needed change, it also comes with significant challenges, such as: safety standard clarifications; restrictions on marketing of new chemicals; exemptions in scope; declaration and reporting requirements; burden on both the EPA and industry; limits on CBI; and state level action in addition or different from the EPA.  

The greatest challenge may be, however, the political challenge of actually getting TSCA reform passed.  While federal chemical management reform is on the short list of priorities under the current administration and there is currently the opportunity for such federal reform, the question remains: is congress engaged enough in this issue to pass it? Even with agreement from the regulated community, NGOs, and other public health organizations, politics may hinder the passing of S. 847 this year.  Some of the reasons may include issues surrounding government spending, CBI claims, government regulation, job creation, government impact/burden on small business, and it may simply be put on the back burner given that next year is a presidential election year.   

Although it is much needed for industry, society, and to restore confidence and leadership in U.S. chemicals policy, we will just have to wait and see if TSCA reform will become a reality in this congressional session or if we have to wait until the next session(s). At some point in it will be passed, and when it does, further questions will surely arise, including: how TSCA reform may harmonize with EU REACH; is there a way to leverage the chemical information already collected under EU REACH; and what kind of fee sharing mechanisms can be put in place. When TSCA reform finally does come, hopefully the EPA can learn from the European Chemicals Agency (ECHA) and other agencies implementing REACH-type regulations worldwide. Stay tuned to this segment as we will be tracking new information as it emerges and will make updates accordingly. In the mean time, you can find out more details about the proposed legislation from the following links: 

The Environmental Defense Fund (EDF) has put together a table listing the major differences between S. 847 and the current TSCA in:  How the Safe Chemicals Act of 2011 (S. 847) would fix the major flaws of the Toxic Substances Control Act 

The EDF also lists reasons for the reform on its page: Much-needed Reform: New Bill in the Senate

The National Resource Defense Council (NDRC) website includes information about TSCA: More than 80,000 chemicals permitted in the U.S. have never been fully assessed for toxic impacts on human health and the environment  

The Safer Chemicals, Healthy Families Coalition: web page regarding H.R. 5820

Links to legislation:

EPA: Summary of the Toxic Substances Control Act   

S. 3209: Safe Chemicals Act of 2010

H.R. 5820: The Toxic Chemicals Safety Act of 2010