Senator Introduces Bill Requiring Safety Testing for Chemicals

U.S. Senator Frank R. Lautenberg, D-NJ, has announced legislation designed to overhaul the “Toxic Substances Control Act of 1976” (TSCA). Lautenberg, who chairs the Senate Subcommittee on Superfund, Toxics and Environmental Health, introduced on April 15th  the “Safe Chemicals Act of 2010” (S.3209), a bill that he says would place the burden on industry to prove that chemicals are safe in order to stay in the market and require the safety testing of all industrial chemicals. 

Under current policy, according to Sen. Lautenberg, the EPA can only call for safety testing after evidence surfaces demonstrating a chemical is dangerous. 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.
Over the last several months, Sen. Lautenberg has chaired a series of hearings to craft S. 3209. In a statement, Sen. Lautenberg said the “Safe Chemicals Act of 2010” comports with the reform principles laid out by the Obama Administration, the American Chemistry Council and the Safer Chemicals Healthy Families Coalition.
According to Sen. Lautenberg’s office, the bill contains the following provisions:
  • 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. EPA will have full authority to request additional information needed to determine the safety of a chemical.
  • 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.
The complete text of the "Safe Chemicals Act of 2010" and a full summary of the bill are attached below.
 
 
 
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Safe Chemicals Act of 2010_15-Apr-2010 Proposal.pdf5.24 KB
Safe Chemicals Act Summary.pdf2.73 MB