The Toxic Substances Control Act (TSCA) was enacted in 1976, establishing a federal framework for testing, reporting, and regulating risks associated with the use of chemical substances in industry and commerce. It has not been significantly amended since, but changes are on the horizon.
Since the TSCA has not been amended to keep up with advances in science and technology, individual states have implemented their own chemical management laws, creating a fractured and sometimes contradictory regulatory landscape. You see the result of this in the ingredients that must be listed in section 15 of GHS-compliant SDSs.
In June, the House of Representatives passed the TSCA Modernization Act (H.R. 2576). This act will:
- Create a new system for the EPA to evaluate and manage risks associated with chemicals already on the market
- Set deadlines for the EPA to take action
- Ensure user fees paid to the EPA for specific purposes are used for those purposes only
- Provide limited pre-emption of state law
- Maintain protection of confidential business information
The alternative Senate bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), has not yet been heard on the floor. As written, it will:
- Mandate safety reviews for all chemicals in active commerce
- Requires a safety finding for new chemicals before they can enter the market
- Replaces TSCA’s cost-benefit safety standard with a pure, health-based safety standard
- Sets aggressive, enforceable deadlines for EPA decisions
- Gives the EPA enhanced authority to require testing of both new and existing chemicals
- Explicitly requires protection of vulnerable population such a children and pregnant women
It is hoped that this bill will be heard and voted on before the August recess, although it has also been suggested that an informal council be held between the House and Senate to negotiate differences between the two bills, therefore enhancing its chances of passage. If this schedule holds and a bill is approved by both houses, it could be signed into law by the president later this year.
So stay tuned! Regulatory changes may be here soon.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
