Ryan Whaley Coldiron Shandy

The Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., may be experiencing a drastic modernization in the near future.  Senators Barbara Boxer (D-Calif.) and Frank Lautenberg (D-N.J.) plan to introduce new legislation intended to reform the act.  The TSCA was passed in 1976 and has since then lost much of its effectiveness in the face of the constantly evolving chemical industry. The TSCA gives the EPA the power to require reporting and testing requirements regarding chemicals, as well as the authority to establish restrictions relating to chemical substances and mixtures. The TSCA addresses the production, use, importation, and disposal of certain chemicals, such as PCB’s, lead paint, and asbestos.  See the EPA’s website for more details: http://www.epa.gov/lawsregs/laws/tsca.html.

On September 29, 2009, the EPA announced its own principles for reform, intended to direct Congress in drafting the new legislation.  One such principle includes requiring chemical manufacturers to submit to the EPA the necessary information to conclude that chemicals are safe and do not threaten public health or the environment. Also, the announcement stated that “the EPA should have the authority to take risk management actions when chemicals do not meet safety standards, with flexibility to take into account sensitive subpopulations, costs, social benefits, equity, and other relevant considerations.” Further, the EPA stressed the need to analyze and act on priority chemicals in a timely manner.  Finally, the EPA emphasized increasing “green chemistry,” the production of chemicals that are less toxic, use less energy, or are otherwise advantageous to the environment. See the EPA’s website for more driving principles and fuller explanations: http://www.epa.gov/oppt/existingchemicals/pubs/principles.html.