Selected tag(s): U.S. states

State authorities weigh in on Senate and House TSCA reform bills

Richard Denison, Ph.D., is a Lead Senior Scientist.

In recent weeks, two documents have been released by state government officials and organizations that take a deep dive into those aspects of the Senate and House bills to reform the Toxic Substances Control Act (TSCA) most relevant to them.  The documents explicitly point to specific provisions in one or both bills that are preferred or opposed.

The bills the documents compare are the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), passed by the full Senate on December 17, 2015; and the TSCA Modernization Act of 2015 (H.R. 2576), passed by the House of Representatives on June 23, 2015.

Here are the documents:

  • Environmental Council of the States (ECOS): An 11-page table dated January 7, 2016 posted in the “Featured” section of ECOS’ home page provides a side-by-side comparison of the two bills, focused mainly but not exclusively on state-federal relationship issues.  (Note that the preamble to the table indicates it does not represent a formal consensus, and many of the indications of preferences begin with a qualifier such as “Many states believe … .”)
  • 12 State AGs letter: A 7-page letter dated January 19, 2016 signed by the Attorneys General of 12 states (MA, CA, HI, IA, ME, MD, NH, NY, OR, RI, VT and WA) to the relevant Senate and House committee Chairmen and Ranking Members sets forth principles for state-federal relationships under TSCA reform and provides recommendations for reconciling those provisions of the Senate and House bills.

Both documents are well worth reading in their entireties.  To help me understand them, I have developed the table below that lists each specific provision identified in these documents for which a preference or opposition has been expressed or is readily discernible with respect to the Senate or House bill.   Read More »

Posted in Health Policy, TSCA Reform| Also tagged , | Comments are closed

Senators clear the air on “early preemption” under the Senate TSCA reform bill

Richard Denison, Ph.D.is a Lead Senior Scientist.

In the immediate aftermath of the Senate’s unanimous passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) on December 17, 2015, three of the key Democratic cosponsors of that bill – Senators Whitehouse (RI) , Booker (NJ) and Merkley (OR) – participated in a colloquy to discuss one of the most contentious – and widely misunderstood – provisions of the Senate bill:  the extent to which it would preempt states from acting during review of a high-priority chemical by the Environmental Protection Agency (EPA).

That colloquy ran in the next day’s Congressional Record.  I am including it at the end of this post in its entirety; it explains the Senators’ successful effort to limit preemption of state authority in the final bill – including by narrowing the conditions states must meet to act during EPA review of a chemical essentially to constraints on state authority already imposed by the U.S. Constitution.  The Senators conclude:  “Restoring the ability for States to protect their citizens while EPA assesses the safety of chemicals was one of the primary goals of our work to improve this bill and that has been accomplished under section 18(f)(2) of S. 697, as reported by the Environment and Public Works Committee. We believe this does, within the limits imposed by the Constitution.”

Although this preemption provision was narrowed in negotiations led by those Senators this past April, it is still being widely mischaracterized.   Read More »

Posted in TSCA Reform| Also tagged | Comments are closed

Links to essential reading on Senate and House TSCA reform legislation

Richard Denison, Ph.D.is a Lead Senior Scientist.

[UPDATE 2/26/16:  Updated versions of (1) our detailed side-by-side comparison of Senate and House bills — now with bill section references — and (2) our 5-part series have been posted below.]

On December 17, 2015, the full Senate passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697, the Lautenberg Act), which would amend the nearly 40-year-old Toxic Substances Control Act (TSCA).

The House of Representatives already passed its TSCA reform bill in June, the TSCA Modernization Act of 2015, H.R. 2576.

Next up in the New Year will be efforts to reconcile these two bills.  In anticipation of this, I am posting here updated analyses of the two bills that examine how and to what extent they would address key flaws in TSCA.  These analyses include:

  • brief and detailed side-by-sides of TSCA and the two bills,
  • a comparison of how the bills deal with the contentious issue of preemption of state authority,
  • a comparison of how well the bills meet the Administration’s principles for TSCA reform, and
  • an earlier blog post on the importance of understanding which chemicals are in use today.

All of these materials (including this post) are available at blogs.edf.org/health.

ANALYSES:

Posted in Health Policy, TSCA Reform| Also tagged , , , , | Comments are closed

Chemical Safety Reform: Will the Center Hold?

Richard Denison, Ph.D., is a Lead Senior Scientist.

Copyright © 2014, Environmental Law Institute®, Washington, D.C. www.eli.org
Reprinted by permission from The Environmental Forum®, May/June 2014

Compromise is tough. It can be thankless and unsatisfying, and, by definition, you don’t get everything you want. But it’s the only way reform of the Toxic Substances Control Act will happen. Nearly everyone, from environmentalists to industry honchos, agrees TSCA is badly broken. But start talking about how to fix the problems and you’ll find there are legitimate core principles held by different stakeholders that are difficult to reconcile. Here are just three examples:

New chemicals. The common-sense notion that new chemicals should be shown safe before entering the market, versus the desire not to hinder innovation or U.S. companies’ ability to compete globally by getting chemicals to market quickly;

Preemption. The appeal of a single federal oversight system that does not impede interstate commerce, versus the view that states have the right to act to protect their residents; and

Confidential business information. The right of citizens, consumers, and the market to information on potential risks of chemicals they may use or be exposed to, versus assurance that legitimate trade secrets submitted to regulators will not generally be disclosed.

As an active participant in the past decade’s debate, I’ve seen firsthand how such conflicting principles complicate — politically and substantively — prospects for achieving reform. I’ve also learned that progress comes only when both sides accept they have to give something to get something. Conversely, progress stalls when stakeholders get greedy. The past year has seen both tendencies.

The late Senator Frank Lautenberg (D-NJ) assessed the landscape last year and saw the need for compromise. He took the political risk of working on legislation with Senator David Vitter (R-LA), who had been about to introduce his own legislation. The result was the first-ever bipartisan legislation to reform TSCA, the Chemical Safety Improvement Act.

Sadly, Senator Lautenberg died shortly after CSIA was introduced. But the legislation remains very much alive, and although it was (and is) far from perfect, there has been major progress thanks to the continuing work of Senator Vitter and Senator Tom Udall (D-NM) to address major concerns raised about the bill and strengthen its health protections.

Additional progress is endangered, however, as some players have fallen back to their core principles and hardened their positions. And after holding a promising series of constructive, balanced hearings on TSCA, the House majority floated reform legislation — albeit a discussion draft rather than a bill — that tilts heavily in industry’s favor.

These challenges have led some stakeholders to consider forgoing the present opportunity and either opt to retreat to the status quo or try to forestall action and wait for more political advantage in the future. In my view, this notion of an easier path any time in the foreseeable future is illusory. The conflicting needs of stakeholders are so fundamental, and the political climate so polarized, that counting on them to change appreciably is wishful at best.

The only recourse is to do the hard work of negotiating to forge a legitimate and fair compromise that delivers an efficient and effective chemicals management system. Let me use my earlier three examples to illustrate what common ground looks like:

New chemicals. EPA should make an affirmative determination of safety before market entry, but using a standard that allows prompt review based on the limited information available for a new chemical. Where that information is insufficient, EPA should be able to require more — or impose conditions sufficient to address potential risks even in its absence;

Preemption. States should be able to act to address a chemical’s risks wherever EPA has not, or when they can make the case for going further. Preemption should apply prospectively, and when, but only when, the agency has all the information it needs to make a definitive safety decision and takes final action on a chemical. Requirements that do not directly restrict a chemical’s manufacture or use — such as for reporting, warnings, monitoring or assessment, which do not unduly impede interstate commerce — should remain available to states; and

Confidential business information. Legitimate trade secrets should be protected, but not information on health and environmental effects or general information on a chemical’s use. Identities of chemicals should generally be available once they enter commerce. Up-front substantiation and EPA approval of claims should be required. Claims should generally be time-limited but renewable upon resubstantiation. State and local governments, medical personnel, first responders, and health and environmental officials should have access to confidential business information.

The opportunity before us is apparent: Our best chance to fix an outdated law that serves nobody’s interests. The alternative — sticking with a piecemeal system that undermines consumer confidence and puts our health at risk — is no alternative at all. All it takes to seize this opportunity is to agree that compromise doesn’t have to be a dirty word.

Posted in Health Policy, TSCA Reform| Also tagged | Read 2 Responses

House TSCA reform discussion draft: Major problem #2 – Preemption of State authority

Richard Denison, Ph.D., is a Senior Scientist.

The House’s discussion draft of the Chemicals in Commerce Act (CICA) issued last week was accompanied by statements from both its sponsor and the American Chemistry Council (ACC) claiming that it represents a “balanced” approached to reform of the Toxic Substances Control ACT (TSCA).

Despite the rhetoric, however, the draft is anything but balanced, and instead pegs the needle far to one side of the dial.  My earlier post describes the massive requirements EPA must meet in order to regulate a dangerous chemical and how far out of kilter those requirements are compared both to current TSCA and to the Chemical Safety Improvement Act (CSIA), especially as the latter is being revised via ongoing negotiations.

This post focuses on another area in which the CICA draft takes an extreme position:  its preemption of state authority, which is far more sweeping than under current TSCA or even CSIA as introduced.  But first let me start by arguing that any preemption needs to follow – not precede – final EPA actions that are based on robust information.  Read More »

Posted in Health Policy, TSCA Reform| Also tagged , , | Comments are closed

States act while Congress fiddles

Richard Denison, Ph.D., is a Senior Scientist.

Lest anyone thought that efforts by state legislators to protect their citizens from toxic chemical exposures would slacken despite Congress’ inability to take such action, this week’s announcement that legislators in at least 26 states are introducing such bills should dispel that notion.

Safer States, a national coalition of state-based environmental health organizations, notes that “between 2003 and 2011, 19 states adopted 93 chemical safety policies. The majority of legislation passed with healthy bipartisan support – 99% of Democratic legislators and 75% of Republican legislators voted in favor of bills, and both Republican and Democratic governors signed them into law.”

That trend shows no signs of abating in 2013, based on a list of state legislative activities underway, compiled by Safer States (more detail here):  At least 26 states are each to consider multiple legislation and policy changes this year that will:

  • restrict or label the use of bisphenol A (BPA) in receipts, children's products and food packaging;
  • require removal of certain toxic flame retardants from children's products, home furniture or building materials;
  • change disclosure rules so that concerned consumers will have a way to identify toxic chemicals in products;
  • encourage manufacturers to remove identified toxic chemicals in favor of safer alternatives.
  • ban cadmium, a dangerous, persistent metal that is often found in inexpensive children's jewelry;
  • ban formaldehyde from cosmetics and children's products; and
  • promote green cleaning products in schools.

The chemical industry frequently argues it just can’t live with a “patchwork” of requirements that vary from state to state.  But that’s just what it’s creating by dragging its feet on reform of the federal Toxic Substances Control Act (TSCA), which has never been amended since its adoption nearly four decades ago. 

State legislators, like nature, abhor a vacuum.

 

 

Posted in Health Policy, States, TSCA Reform| Also tagged , , , , , | Comments are closed
  • About this blog

    Science, health, and business experts at Environmental Defense Fund comment on chemical and nanotechnology issues of the day.
    Our work: Chemicals

  • Stay Updated

    Get blog posts and breaking news to your email inbox.

  • Filter posts by tags

    • ADHD (1)
    • aggregate exposure (10)
    • Air Pollution (1)
    • Alternatives assessment (3)
    • American Chemistry Council (ACC) (57)
    • Ami Zota (1)
    • arsenic (3)
    • artificial colors (1)
    • asthma (4)
    • Australia (1)
    • behavior (1)
    • Behind the Label (1)
    • biomonitoring (9)
    • bipartisan (6)
    • bisphenol A (22)
    • blue (1)
    • BP Oil Disaster (18)
    • building code (1)
    • building code official (1)
    • California (1)
    • Canada (7)
    • carbon nanotubes (24)
    • carcinogen (22)
    • Carcinogenic Mutagenic or Toxic for Reproduction (CMR) (12)
    • CDC (7)
    • Center for Science in the Public Interest (1)
    • certified colors (1)
    • Chemical Assessment and Management Program (ChAMP) (13)
    • chemical exposure (2)
    • chemical identity (32)
    • chemical testing (4)
    • Chemicals in Commerce Act (3)
    • Chicago Tribune (6)
    • Children's health (2)
    • children's safety (24)
    • China (10)
    • citizens petition (2)
    • Climate change (1)
    • Clinton (1)
    • color (1)
    • color additive (1)
    • computational toxicology (11)
    • Confidential Business Information (CBI) (58)
    • conflict of interest (8)
    • Congress (1)
    • Congressman Israel (1)
    • consumer products (52)
    • Consumer Specialty Products Association (CSPA) (4)
    • contamination (4)
    • CSPI (1)
    • cumulative exposure (4)
    • data requirements (47)
    • DEHP (1)
    • dermal exposure (1)
    • Design for Environment (1)
    • development (2)
    • developmental (1)
    • diabetes (4)
    • disclosure (2)
    • DNA methylation (4)
    • Drinking Water (7)
    • DuPont (11)
    • Durbin (1)
    • endocrine (2)
    • endocrine disruption (30)
    • environmental justice (1)
    • EPA (4)
    • epigenetics (4)
    • exposure and hazard (49)
    • fast food (1)
    • FD&C (1)
    • FDA (14)
    • Firemaster (2)
    • flame retardants (25)
    • Flint (1)
    • food additive (2)
    • food additive petition (2)
    • food additives (2)
    • Food Advisory Comittee (1)
    • food contact substances (1)
    • food dyes (1)
    • formaldehyde (15)
    • fragrances (1)
    • front group (13)
    • GAO (1)
    • general interest (22)
    • Generally Recognizes as Safe (1)
    • George Washington University (1)
    • Globally Harmonized System (GHS) (5)
    • Government Accountability Office (5)
    • GRAS (3)
    • haz (1)
    • hazard (6)
    • High Production Volume (HPV) (23)
    • home buyers (1)
    • home sales (1)
    • Household action level (2)
    • HUD (1)
    • ICC (1)
    • in vitro (14)
    • in vivo (11)
    • industry tactics (44)
    • informed substitution (1)
    • inhalation (18)
    • International Code Council (1)
    • IUR/CDR (27)
    • Japan (3)
    • Lautenberg Act (40)
    • lead (15)
    • lead and copper rule (1)
    • lead dust hazard (1)
    • Lead Exposure (4)
    • lead hazard (1)
    • lead-based paint (3)
    • lead-safe renovator (1)
    • markets (1)
    • Markey (1)
    • MCHM (1)
    • mercury (4)
    • methylmercury (2)
    • microbiome (3)
    • Milken Institute School of Public Health (1)
    • nanosilver (6)
    • National Academy of Sciences (NAS) (20)
    • National Institute for Occupational Safety and Health (NIOSH) (7)
    • National Institute of Environmental Health Sciences (NIEHS) (5)
    • National Nanotechnology Initiative (NNI) (7)
    • National Toxicology Program (1)
    • NCHH (1)
    • NDWA (1)
    • New chemicals (5)
    • NHANES (1)
    • Obama (1)
    • obesity (6)
    • Occupational Safety and Health Administration (OSHA) (3)
    • Office of Information and Regulatory Affairs (OIRA) (4)
    • Office of Management and Budget (OMB) (16)
    • Office of Pollution Prevention and Toxics (OPPT) (3)
    • oil dispersant (18)
    • ortho-phthalate (1)
    • ortho-phthalates (1)
    • paint (1)
    • PBDEs (19)
    • Persistent Bioaccumulative and Toxic (PBT) (22)
    • personal care products (1)
    • pesticides (7)
    • PFOA (1)
    • phthalate (1)
    • phthalates (20)
    • pipes (1)
    • polycyclic aromatic hydrocarbons (PAH) (5)
    • prenatal (6)
    • prioritization (36)
    • Quigley (1)
    • real estate (1)
    • red (1)
    • Redfin (1)
    • renovation (1)
    • rental (1)
    • renters (1)
    • report on carcinogens (1)
    • reproductive (2)
    • residential code (1)
    • revised CSIA (4)
    • right-to-know (1)
    • risk assessment (71)
    • Safe Chemicals Act (24)
    • Safer Chemicals Healthy Families (33)
    • safety (2)
    • Science Advisory Board (1)
    • secrecy (1)
    • Sierra Club (1)
    • Significant New Use Rule (SNUR) (21)
    • Small business (1)
    • snur (1)
    • soil lead hazard (1)
    • South Korea (4)
    • styrene (6)
    • Substances of Very High Concern (SVHC) (15)
    • systematic review (1)
    • TBB (2)
    • test rule (18)
    • Tox21 (5)
    • ToxCast (10)
    • Transparency (1)
    • tributyltin (3)
    • trichloroethylene (TCE) (5)
    • TSCA Modernization Act (14)
    • TSCA Title IV (1)
    • Turkey (3)
    • U.S. states (17)
    • Voluntary (1)
    • vulnerable populations (1)
    • Walmart (3)
    • Washington Post (1)
    • worker safety (23)
    • wristband (2)
    • WV chemical spill (12)
    • yellow (1)
    • Zillow (1)