What’s in the Draft TSCA Bill?

Bloomberg BNA obtained a copy of the draft bill that would reform the nation’s primary chemical law.

The Frank R. Lautenberg Chemical Safety for the 21st Century Act, named in honor of the late Democratic senator from New Jersey who fought for many years to reform chemical regulation, overhauls the Toxic Substances Control Act for the first time since its passage in 1976.

The bill reconciles the House and Senate's separate TSCA bills: the TSCA Modernization Act of 2015 (H.R. 2576) in the House and the Frank R. Lautenberg Chemical Safety for the 21st Century Act in the Senate. Originally numbered S. 697, the Senate bill passed as an amendment to H.R. 2576.

The draft bill includes many of the provisions and approaches from the previous Senate bill. The negotiated draft bill:

  • helps the EPA manage chemicals
  • grandfathers existing state law and regulations addressing chemicals
  • establishes a “regulatory pause” preempting states from regulating chemicals while EPA evaluates a chemical’s risks, but allowing states to take action if the EPA takes too long
  • allows states to seek waivers to manage chemicals risks for certain reasons while the EPA conducts its risk evaluation
  • reduces the number of laboratory animals sacrificed or injured for toxicity test

Bloomberg BNA reporter Pat Rizzuto’s story details the major provisions in the bill as well as the Environmental  Protection Agency’s response.

TSCA reform graphic