Congressional fights on 62,000+ unregulated chemicals are complicated. Nobody knows how many chemicals are used today! I write you about your role in the present congressional work to reform the Toxic Substance Control Act (TSCA). The House and Senate are working to fix the outdated TSCA law and are in the process of combining their differing bills to make the final law to improve chemical safety for the country.
Illinois has some of the strongest chemical safety policies in the country. As the attorney general of one of the states that leads very well on this issue, you have a unique opportunity to ensure Congress passes the strongest chemical safety reform possible, one which doesn't curb Illinoisans’ hard earned chemical protections.
The TSCA Inventory is a cumulative list of 85,000 chemicals, more or less, that began in 1979 and not all of them are in market now. The Chemical Data Reporting (CDR) Rule issued under Toxic Substances Control Act (TSCA), requires manufacturers (including importers) to give EPA information on the chemicals they manufacture domestically or import into the United States. The most recent 2012 submission period, closed on August 13, 2012 more than three years ago: 2012 Chemical Data Reporting Results. The current reporting frequency is every four years. The next submission period will be in 2016. The submission period prior to 2012 was in 2006. Chemicals Reported were 7,080 in 2006 and 7,690 in 2012. So, there are maybe between 7,700 and 85,000 chemical, more or less, that are used in our lives today. On December 8, 2008 seven years ago EPA tried to reset the TSCA Inventory but industries fought EPA as too “burdensome”. About 17,000 of the 85,000 chemicals on the TSCA Inventory have masked identities because of confidentiality claims.
Environmental Defense Fund has an excellent chart that you may find helpful prepared by Lead Senior Scientist, Richard Denison, Ph.D. entitled Comparing the Toxic Substances Control Act, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), and the TSCA Modernization Act of 2015 (H.R. 2576). The Senate on 12-17-2015 unanimously passed S. 697 cosponsored by Dick Durbin and the House on 06-23-2015 passed H.R. 2576, sponsor John Shimkus (Jan Schakowsky and Bobby L. Rush are cosponsors), by recorded vote of 391-1-34.
Much misunderstanding and contention surround the issue(s) of REQUIRED STATE PREEMPTION PROVISION IN THE FRANK R. LAUTENBERG CHEMICAL SAFETY FOR THE 21ST CENTURY ACT as was discussed in colloquy by three (3) of the S. 697 cosponsors, Sheldon Whitehouse, Cory Booker and Jeff Merkley as seen in December 18, 2015 CONGRESSIONAL RECORD — SENATE (pp.) S8877-78. Cory Booker explained that Environmental Protection Agency (EPA) will be required to allow States to regulate hazardous chemicals while EPA assesses a chemical for safety if the proposed state regulation meets three basic criteria:
A. consistent with the dormant commerce clause of the U.S. Constitution, compliance with the proposed regulation will not unduly burden interstate commerce in the manufacture, processing, distribution in commerce, or use of a chemical substance;
B. compliance with the proposed regulation would not cause a violation of any applicable Federal law, rule, or order; and
C. the State or political subdivision of a State has a concern about the chemical substance or use of the chemical substance based in peer-reviewed science.
Jeff Merkley said that:
“Restoring the ability for States to protect their citizens while EPA assesses the safety of chemicals was one of the primary goals of our work to improve this bill and that has been accomplished under section 18(f)(2) of S. 697, as reported by the Environment and Public Works Committee. We believe this does, within the limits imposed by the Constitution.”
Preemption provisions of S. 697 and H.R. 2576 diverge such that EDF concluded “... both bills have more preemption than current law, and each is a mixed bag.”
I ask you to contact the chairman and ranking member of the Senate Committee on Environment and Public Works (Jim Inhofe and Barbara Boxer), the House Energy and Commerce Committee (Fred Upton and Frank Pallone, Jr. as well as committee members Jan Schakowsky and Bobby L. Rush) plus other lead TSCA negotiators and urge that they give states like ours the most flexibility to protect citizens against toxic chemicals. We should be able to regulate harmful chemicals in commerce until and unless the Environmental Protection Agency (EPA) acts. Under any final TSCA law, we should also be able to protect our communities against dangers that the EPA does not address.
Bonus Points ~~ Take the 5 question quiz here!