Former EPA Staff Outline Tenets of TSCA Reform


Source: SOCMA
Related Topics: Toxic Substances Control Act (TSCA)

Three former EPA officials this week outlined what they see as key elements to new legislation on chemicals management in the U.S.

In a recent article in the Chemical Regulation Reporter, former EPA Director of OPPT, Charles Auer, and other former EPA staff, Blake A. Biles and Lawrence E. Culleen, now lawyers at Arnold & Porter, summarize the factors that have led to the increasing push for new legislation, citing REACh, state efforts, low public confidence and democratic control of Congress and the White House.  They say, “this unique opportunity to enact legislation reinvigorating the U.S. chemicals regulatory program must not be squandered.”

Their suggestions include:

  • primarily a volume-based approach to data generation
  • broadening reporting to include distributors and users
  • a premarket notification requirement that would be followed by a premanufacture notification once a substance gets commercialized
  • a fee-based approach to address resource issues, including fees for CBI claims
  • additional authority to regulate chemicals in products and articles
  • extending risk management authority to cover downstreamers and basing actions on a standard of “reasonableness” 
  • new authority to address environmental releases of human and animal drugs

Throughout the TSCA debate, most of the focus has centered on human health. In addition to the above elements, the former EPA officials suggest making environmental protection an equal priority to human health protection.  Finally, they suggest that Congress consider entitling the legislation the Chemical Assessment and Risk Management Act (CARMA).

The article is on the Arnold & Porter website and can be accessed by clicking this link:: "Fundamental Changes Could Be in Store for Regulation of Commercial Chemicals." 

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