December 2 testimony lends hope to meaningful TSCA reform
Environmental Protection Agency (EPA) Administrator Lisa Jackson testified at a U.S. Senate Committee on Environmental and Public Works hearing on December 2 concerning the need to reform the Toxic Substances Control Act (TSCA). The law, as it stands, has not been widely used by the EPA because its attempt to ban asbestos under the law was blocked by a federal appeals court back in 1991. Asbestos is a known carcinogen that was commonly used in insulation and fireproofing materials for many years. When its fibers are inhaled, it can cause serious illnesses like the lung disease asbestosis or the rare form of cancer known as mesothelioma. After the court ruled against the asbestos ban in 1991, the TSCA has only been used to ban or limit the production or use of one existing chemical – hexavalent chromium.
In her December 2 testimony, Jackson spoke of the need to reform the law so that the EPA can take meaningful action to protect the public from toxic substances like asbestos. Her plan for reforming the law is supported by both public health officials and chemical industry trade associations in a rare show of agreement between the often differing sides.
Senator Frank R. Lautenberg is the chairman of the Subcommittee on Superfund, Toxics and Environmental Health. He said that his reform bill should be ready soon. Additionally, an eight-point statement of principles to reform the law was issued by representatives from the environmental agencies of 13 states: California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Oregon, Vermont and Washington. One of the main points of this statement is that reform should require chemical manufacturers to prove that the chemicals are safe before they are introduced commercially.
The eight principles of the statement include: requiring chemical and product manufacturers to develop and report chemical health information, safety information, and exposure and use data; requiring manufacturers to provide adequate data to regulators in order to enable them to conclude that new and existing commercial chemical products are safe; prioritizing chemicals of concern; designing chemical regulation to protect the most vulnerable populations, including pregnant women and children; requiring manufacturers to assess and identify safer alternatives to chemicals of concern based on green chemistry principles; addressing emerging chemicals of concern, including nanoscale materials; strengthening federal law while preserving each state’s authority to manage chemicals of concern; and funding state programs from implementing TSCA.
Senator Lautenberg stated that everyone agrees on the need to change TSCA, and that he plans to re-introduce legislation that will strengthen our chemical laws in the coming weeks. He said that pesticides and pharmaceuticals are already regulated so that companies must prove that they are safe before they go on the market, so it follows naturally that chemicals used in everyday consumer products should be held to the same standards.
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