CONGRESS TO AGAIN CONSIDER SAFE CHEMICALS ACT

As Congress returns, it again will consider the Safe Chemicals Act of 2010, the first major update to the Toxic Substances Control Act of 1976. This has the potential to seriously affect manufacturers who don't
traditionally consider themselves as in the chemical business. Drafts of the new legislation contain provisions that go beyond the regulation of specific chemicals, and require the users as well as manufacturers to prove their safety before the substances can be used. Most notably, the Act would require prior certification for each new use of a chemical.

William Hayes, an attorney at Vorys, Sater Seymour and Pease LLP, notes that this is of particular concern to users of nanoparticles. These engineered substances are increasingly used in manufacturing and other industries. Under existing law they were regulated only by their constituent chemicals. Under the proposed legislation, these substances could be classified as a new chemicals and need to be approved before use in any new application. The only exceptions are for substances regulated by FDA. Another potential threat to manufacturers presented by the new legislation is the exposure of trade secrets in the approval process. Petitioners must follow specific procedures in order to be granted trade secret status. Furthermore, there is neither an administrative nor a legal appeals process to the EPA ruling on confidentiality.

LEGISLATION PROPOSED IN APRIL

In April, Senator Frank R. Lautenberg (D-NJ) announced legislation to overhaul the ?Toxic Substances Control Act of 1976? (TSCA), an antiquated law that in its current state, leaves Americans at risk of exposure to toxic chemicals. Lautenberg, who chairs the Senate Subcommittee on Superfund, Toxics and Environmental Health, introduced the ?Safe Chemicals Act of 2010? to protect the health of families and the environment. ?America?s system for regulating industrial chemicals is broken,? said Senator Lautenberg. ?Parents are afraid because hundreds of untested chemicals are found in their children?s bodies. EPA does not have the tools to act on dangerous chemicals and the chemical industry has asked for stronger laws so that their customers are assured their products are safe. My 'Safe Chemicals Act' will breathe new life into a long-dead statute by empowering EPA to get tough on toxic chemicals. Chemical safety reform is not a Democratic or Republican issue, it is a common-sense issue and I look forward to building bipartisan support for this measure.?

The ?Safe Chemicals Act of 2010? requires safety testing of all industrial chemicals, and puts the burden on industry to prove that chemicals are safe in order stay on the market. Under current policy, the EPA can only call for safety testing after evidence surfaces demonstrating a chemical is dangerous. As a result, EPA has been able to require testing for just 200 of the more than 80,000 chemicals currently registered in the United States and has been able to ban only five dangerous substances. The new legislation will give EPA more power to regulate the use of dangerous chemicals and require manufacturers to submit information proving the safety of every chemical in production and any new chemical seeking to enter the market.

Highlights of the ?Safe Chemicals Act of 2010?
? Provides EPA with sufficient information to judge a chemical?s safety. Requires manufacturers to develop and submit a minimum data set for each chemical they produce, while also preventing duplicative or unnecessary testing. EPA will have full authority to request additional information needed to determine the safety of a chemical.
? Prioritizes chemicals based on risk. Calls on the EPA to categorize chemicals based on risk, and focus resources on evaluating those most likely to cause harm.
? Ensures safety threshold is met for all chemicals on the market. Places the burden of proof on chemical manufacturers to prove the safety of their chemicals. All uses must be identified and determined safe for the chemical to enter the market or continue to be used.
? Takes fast action to address highest risk chemicals. Requires EPA to take fast action to reduce risk from chemicals that have already been proven dangerous. In addition, the EPA Administrator is given authority to act quickly if any chemical poses an imminent hazard.
? Creates open access to reliable chemical information. Establishes a public database to catalog the information submitted by chemical manufacturers and the EPA?s safety determinations. The EPA will impose requirements to ensure the information collected is reliable.
? Promotes innovation and development of green chemistry. Establishes grant programs and research centers to foster the development of safe chemical alternatives, and brings some new chemicals onto the market using an expedited review process.

The text of the "Safe Chemicals Act of 2010" can be found at lautenberg.senate.gov/assets/SCA2010.pdf and a full summary of the bill can be found at lautenberg.senate.gov/assets/SCA2010Summary.pdf.

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lautenberg.senate.gov/assets/SCA2010.pdf

lautenberg.senate.gov/assets/SCA2010Summary.pdf

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