EPA Unveils New Framework for Chemical Management Reform

During a September 30 speech in San Francisco, Environmental Protection Agency (EPA) Administrator Lisa Jackson announced EPA's plan to work with Congress on legislation that would strengthen the Toxic Substances Control Act of 1976 (TSCA). Ms. Jackson, citing perceived weaknesses in TSCA, outlined plans for new legislation that would include evaluation of chemicals based on health and safety risks, and potentially require manufacturers to submit toxicity data for existing and new chemicals to prove that such chemicals or chemical compounds are safe. Such legislation is expected to be introduced in the coming months.

EPA's "Essential Principles for Reform of Chemicals Management Legislation" present goals for legislation that will give EPA more authority and the mechanisms to quickly target chemicals of concern and promptly assess and regulate new and existing chemicals in commerce. The six principles are:

1. Chemicals should be reviewed against safety standards that are based on sound science and reflect risk-based criteria protective of human health and the environment.

2. Manufacturers should provide EPA with the necessary information to conclude that new and existing chemicals are safe and do not endanger public health or the environment.

3. Risk management decisions should take into account sensitive subpopulations, cost, availability of substitutes, and other relevant considerations.

4. Manufacturers and EPA should assess and act on priority chemicals, both existing and new, in a timely manner.

5. Green chemistry should be encouraged and provisions assuring transparency and public access to information should be strengthened.

6. EPA should be given a sustained source of funding for implementation.

In addition, EPA has committed to strengthening the performance of the current chemicals management program within the limits of existing authorities. This enhanced plan includes possible risk management action related to a number of chemicals, including lead, mercury, formaldehyde, polychlorinated biphenyls (PCBs), glymes, and certain carbon nanotubes. EPA is also in the process of developing chemical action plans for bisphenol A and phthalates, among other chemicals. These chemicals are found in many plastics and consumer products such as toys, lotions, and cell phones.

In addition, EPA plans to focus on accelerating efforts to gather information from industry needed to make chemical risk determinations, and on filling in the current gaps in health and safety data on high-production-volume chemicals, reporting of use and exposure information, and reporting on nanoscale chemical materials.

Finally, EPA intends to involve the public in prioritizing chemicals for future risk management action through public notices and public meetings.

It is expected that this effort will put much more responsibility on chemical producers and manufacturers to prove the safety of their products at introduction into commerce, similar to the European Union's recently enacted Registration, Evaluation, Authorisation and Restriction of Chemical Substances (REACH) Regulation.

If you have any questions or would like more information on any of the issues discussed in this LawFlash, please contact either of the following Morgan Lewis attorneys:

Philadelphia
John J. McAleese

Washington, D.C.
Ronald J. Tenpas