TSCA Reform Hearing of March 9, 2010

TSCA Reform Hearing at the U.S. Senate

Yesterday, March 9, 2010, Senator Frank R. Lautenberg (D-NJ) convened a hearing with business leaders in the chemical manufacturing industry to cull feedback on the TSCA reforms urged by EPA’s Lisa Jackson (http://blog.safetec.net/2010/01/toxic-substances-control-act-tsca-to.html). Mr. Lautenberg, the Chairman of the Subcommittee on Superfund, Toxics and Environmental Health, made these opening statements at the hearing, which was titled:

Hearing on Business Perspectives on Reforming U.S. Chemical Safety Laws.

In his opening remarks, Senator Lautenberg said, “Ms. Jackson reminded us that the current law does not provide her agency with the tools it needs to protect public from hazardous chemicals. We also heard from the experts at the Centers for Disease Control. They told us that most Americans are running around with hundreds of industrial chemicals coursing through their bodies. The government accountability office identified that the Toxic Substances Control Act is a high risk area of the law. This law was written in 1976. Lots of time has passed without a lot of action to support it.”

The Senator went on to say that the business community had some surprising remarks. He observed that besides the duty CEOs have to their clients and company, they also have an obligation to do what is right for their countries. He proclaimed that reforming TSCA, which he referred to as a “broken law” is an opportunity to serve both companies and the country combined. He also asserted that the current TSCA law is not good for our environment and health, and also it no longer serves the interests of the business community. That is because, according to the Senator, Americans have grown increasingly uncertain about what chemicals are toxic and which ones are safe, and they have expressed strong interest in having the government step in to ensure the safety of their families.The hearing involved statements by executives from chemical manufacturers, specifically: Dow Chemical, statement submitted by, Neil C. Hawkins, Sc.D. Vice President, EH&S and Sustainability; Dupont, submitted by Linda Fisher, Chief Sustainability Officer; Boron Specialties, submitted by Beth D. Bosley, Managing Director, on behalf of SOCMA (Society of Chemical Manufacturers and Affiliates); and NPRA (National Petrochemical and Refiners Association) submitted by Charlie Drevna, President of NPRA. The Subcommittee also heard from downstream users, the Kaiser Foundation Health Plan and Construction Specialities.

In his statements, Mr. Drevna (NPRA) emphasizes support for “effective chemical risk management” and “zero risk tolerance.” In her statements. Linda Fisher of Dupont says that her company has evolved in their own practices, assenting that US chemical policies must evolve in sync. Beth Bosley of Boron Specialties, says that TSCA must be modernized without the discouragement of chemical innovation. Mr. Hawkins of Dow chemical speaks of the American Chemistry Council’s principles for modernizing TSCA which are supported by Dow chemical. In his words,  “We urge the subcommittee to create a federal chemical safety program that:

1. Creates a level playing field for all chemicals in commerce
2. Is objective in its evaluation of safety using the best available scientific information
3. Is both timely and effective
4. Provides incentives for innovation in sustainable chemistry
5. Enhances the competitiveness of US companies.”

This hearing was brief and acted as a harbinger of the introduction of the TSCA reform bill which is due to emerge in the Senate very soon, by the end of March, 2010 or beginning of April. We at Safetec are keeping close tabs on the reforms that are passed on TSCA this year to better be able to serve your business needs. By keeping your own chemical inventories up-to-date with our customized software, Safetec can help you meet the changes for TSCA that loom on the regulatory horizon.

The 111^th Congress webpage will provide you with a webcast on the full hearing at:

http://epw.senate.gov/public/index.cfm?FuseAction=Hearings.Home

-by JeanMarie Calvillo, Ph.D.

Safetec Regulatory Specialist