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Showing 12 posts in Chemicals.
Bipartisan TSCA Modernization Bill, Chemical Safety Improvement Act, Introduced in Senate
In a major breakthrough, bipartisan and broadly supported legislation to modernize the Toxic Substances Control Act (TSCA) has been introduced in the Senate. The Chemical Safety Improvement Act (CSIA), S. 1009,[1] was announced on May 22, 2013[2] by its chief Democratic and Republican sponsors, Senator Frank Lautenberg (D-NJ) and Senator David Vitter (R-LA). This client alert provides the political context for this remarkable development, and then explains the key provisions of the bill. It concludes with comments on the prospects for passage. Read More ›
“Safe Chemicals Act,” First TSCA Reform Bill of 113th Congress, Reintroduced
On April 10, 2013, Senator Frank Lautenberg (D-NJ) reintroduced the “Safe Chemicals Act” to “amend the Toxic Substances Control Act (TSCA) to ensure that risks from chemicals are adequately understood and managed.”[1] The 2013 bill, S. 696, is identical to the version of the Safe Chemicals Act that was approved by Democrats in the Senate Environment and Public Works (EPW) Committee in December 2012 on a party line vote, but which died at the end of the 112th Congress having seen no further activity. Read More ›
Safe Cosmetics and Personal Care Products Act of 2013 Mirrors TSCA Proposals, Would Greatly Expand FDA Authority Over Cosmetics
Representative Janice Schakowsky (D-IL), with fifteen co-sponsors, has introduced legislation in the House of Representatives to dramatically increase Food and Drug Administration (FDA) oversight of chemicals in cosmetics and other personal care products.[1] The Safe Cosmetics and Personal Care Products Act of 2013, H.R. 1385,[2] includes a number of provisions also included in the Safe Chemicals Act of 2013, S. 696, a bill to modernize the Toxic Substances Control Act (TSCA).[3] The bill would fundamentally transform the regulation of cosmetics and their ingredients. It expands on prior proposals in a number of respects.[4] The bill, introduced March 21, 2013, has been referred to the House Committee on Energy and Commerce and to the Committee on Education and the Workforce. Read More ›
States Propose to Regulate Chemicals While Congress Debates TSCA
In the absence of legislation overhauling the federal Toxic Substances Control Act, 19 states have introduced bills in 2013 to regulate chemical exposures, primarily in consumer products. It is unclear which, if any, will become law. Nevertheless, these 41 bills show that states consider themselves full partners with Congress in addressing chemicals management issues. Read More ›
TSCA Modernization Proposals in Congress: Recent History and Prospects
The core provisions of the Toxic Substances Control Act (TSCA) have not been substantially changed since the law’s passage in 1976, but efforts to modernize the law have seen a marked increase in intensity in recent years.[1] Democratic bills have been introduced in the last three sessions of Congress. The legislation has been refined each time, but no bill has yet passed either House. The leaders behind the previous bills are looking to try again in 2013. This time, Republicans are planning to introduce TSCA modernization legislation as well, which is sure to significantly change the discussion. This report discusses the political setting for these TSCA modernization efforts, the likely shape of the anticipated Democratic and Republican bills, and the prospects of passage. Read More ›
TSCA Implementation at EPA: Looking Ahead
Following the reelection of President Obama and the departure of Administrator Lisa Jackson, the Environmental Protection Agency will continue to aggressively implement its Enhanced Chemicals Management Program under the Toxic Substances Control Act (TSCA). While EPA will be able to continue and build on its recent policies,[1]there will also certainly be opportunities to rethink and refine certain policy elements going forward. EPA’s plans under existing TSCA authority are important even in light of the ongoing discussions in Congress regarding legislation to modernize TSCA. Such legislation is not likely to pass in calendar year 2013,[2]but its shape and prospects will be strongly influenced by EPA’s contemporaneous actions and strategies, and by how successful those actions and strategies are perceived to be by various stakeholders. This report assesses EPA’s announced plans as well as unofficial predictions and general trends to paint a picture of some of the top issues and actions that are likely to affect U.S. chemicals management in the upcoming year.[3] Read More ›
First Deadline Approaches for Submittal of Applications for New Massachusetts Hazardous Material Processing Permits
Arising from several chemical explosions in Massachusetts in recent years, the state Board of Fire Prevention has adopted rules requiring numerous hazardous material handlers to obtain permits which vary in their stringency dependent upon the amount of risk posed by the chemicals that are processed. Application deadlines for these permits are staggered, with applications for the highest risk facilities due first, by January 1, 2013. The first applications are due from facilities that qualify under the rule and that are subject to either the OSHA process safety management (PSM) rule, 29 CFR ¶1910.129, or the EPA Risk Management Program (RMP) rule at 40 CFR Part 68. Read More ›
More Enforcement of Section 112(r) of the Clean Air Act
On September 28, 2012, a dairy processing company in Puerto Rico with a history of anhydrous ammonia releases, Suiza Dairy Corporation, agreed to pay a $275,000 penalty, and undertake $3.75 million in facility upgrades and other improvements. This settlement resolved violations of section 112(r)(1) of the Clean Air Act, known as the general duty clause, and EPA’s related Risk Management Program regulations under section 112(r)(7) of the Clean Air Act. EPA has aggressively enforced the general duty clause, which gives EPA broad authority to require companies handling extremely hazardous chemicals to institute additional controls in order to prevent accidental releases. Read More ›
EPA Targets Articles Containing Action Plan Chemicals
Under the Toxic Substances Control Act (TSCA), EPA has mostly given articles containing chemicals a free ride by exempting them from regulatory requirements otherwise applicable to those chemicals. EPA took a sharply different direction in three proposed rules released on March 20, 2012, which would subject manufacturers and processors of articles containing the chemicals at issue to full obligations. Some of the chemicals are used in consumer products. Read More ›
TSCA Developments in Congress and at EPA
Legislation to amend the Toxic Substances Control Act is still in play, despite the Congressional preoccupation with other issues. EPA is making considerable progress in implementing its Enhanced Chemical Management Program under TSCA, despite roadblocks set up by the Office of Management and Budget. This report provides an update on both the legislative and administrative developments under TSCA. Read More ›