With the President's signature now on the TSCA Reform bill, attention turns to how the reform will change existing TSCA. Improving the regulation of chemicals used in commerce has a significant impact on our industry from the suppliers we use, the products we make, to the services we provide, and the millions of workers we represent in the juvenile industry. Enactment of a reformed TSCA creates a more predictable regulatory environment and will greatly help in future efforts with individual states and counties.
The new law will:
Establish a health-based safety standard
Require the EPA to assess the risk of existing chemicals under "judicially enforceable deadlines" without consideration of cost. This process will include identification of substances on the market, designation of low and high priorities, risk evaluation of high-priority substances, and restrictions for those that present an unreasonable risk
Strike the existing statute's mandate that the EPA implement "least burdensome" regulatory requirements
Mandate that the EPA make "an affirmative safety finding" before allowing a new substance on the market, under a 90-day review period (which may be extended to 180 days)
Increases the EPA's authority to order testing, with a requirement to "reduce and replace animal testing where scientifically reliable alternatives exist"
Trigger an EPA review of all past confidential business information (CBI) claims and require re-substantiation of approved claims after ten years
Limit state authority to restrict substances that are undergoing EPA review, have been found by the agency not to pose an unreasonablerisk, or are subject to federal risk unless they seek out a waiver. States' authority to require reporting and monitoring are preserved and chemical restrictions enacted prior to 22 April 2016 are 'grandfathered' in
Call for identification and protection of most vulnerable populations
Require science-based decisions founded on weight of evidence (WoE)
Collect fees on new and existing chemicals that go directly to the EPA
Lawmakers have said that they will be closely overseeing the EPA's implementation of the law. A summary analysis as prepared by ACC is annexed.
Members will be kept up to date by JPMA’s Legal Counsel as the EPA seeks to implement the law’s provisions and as states weigh deferral to federal requirements, rather than seeking to act new, nonidentical requirements that would likely be preempted if EPA acts to regulate the same substance.
If you have any questions, please do not hesitate to contact JPMA's Director of Regulatory and Legislative Affairs, Mark Fellin at email@example.com