Recently, the Senate Committee on Environment and Public Works held a lengthy hearing on Toxic Substances Control Act (TSCA) legislation entitled, "Strengthening Public Health Protections by Addressing Toxic Chemical Threats." The Senate Committee focused attention on S. 1009, the Chemical Safety Improvement Act (CSIA), which was introduced by the late Senator Frank Lautenberg (D-NJ) and David Vitter (R-LA). The bill has broad bi-partisan support, but the hearing largely focused on some of the most contentious parts of the bill, which include preemption by states. Minority staff released a report the day before the hearing indicating that the "CSIA will never preempt the traditional state roles of regulating water quality, air quality, waste teatment, or disposal and does not preempt wholesale state regulatory programs."
Under S. 1009, the United States Environmental Protection Agency (US EPA) would require manufacturers to develop new information if US EPA can show need in the context of an evaluative framework for chemical risk assessment and management. The bill also would require that US EPA screen all chemicals in commerce and assign each a high or low priority for risk assessment or require manufacturers to produce additional information. Under the bill, approximatelly 9,000 chemicals would be prioritized and the bill mandates that manufacturers substantiate some requests for protection of confidential business information from public disclosure.
Other issues included multiple requirements that US EPA develop policy frameworks for prioritizing, assessing, and managing chemicals, which some believe could be difficult and time consuming. Some concerns include adequate protection for vulnerable populations, need for more US EPA resources, and the lack of priority action on chemicals that are persistent, bioaccumulataive, and toxic.
It has been speculated that Chair of the Committee Sen. Barbara Boxer (D-CA) may introduce her own version of TSCA reform legislation. She also has indicated she intends to keep TSCA reform legislation moving.