Last night, with a unanimous vote in the U.S. Senate, a compromise bill already passed by the U.S. House of Representatives will amend—for the first time since it passed nearly 30 years ago—the core provisions of the Toxic Substances Control Act (TSCA), the primary federal law governing chemicals. With President Barack Obama’s signature expected imminently, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (named in honor of the late senator who for many years of bipartisan effort worked to promote TSCA modernization) will become law.
Some activists and states have disavowed the compromise bill both for not overhauling TSCA enough and for pre-empting state and local authority too much. Yet, a close reading of the amendments calls such criticisms into question. They mandate potentially significant actions by the U.S. Environmental Protection Agency for risk screening to identify “high-priority” chemicals, for risk evaluation of those chemicals and for promulgation of restrictions (including a possible ban) on any chemical deemed to “present an unreasonable risk.” Moreover, the amendments appear to allow states and localities to continue enforcement of their existing chemicals laws. They also grant the states some latitude—and, in the event of EPA inaction, wide latitude—to enact new laws.
