House Releases Discussion Draft of Toxic Substances Control Act Reform Legislation

Abstract

(TSCA) may be a little closer to reality since Rep. John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released on February 27, 2014, a much anticipated discussion draft that would update TSCA. The Chemicals in Commerce Act (CICA) keys off of Senate Bill (S.) 1009, the Chemical Safety Improvement Act (CSIA), which was introduced on May 22, 2013, by late Senator Frank R. Lautenberg (D-NJ) and Senator David Vitter (R-LA). Under Shimkus’s leadership, the Subcommittee has held five hearings that reviewed core sections of Title I of TSCA and the proposed Senate amendments to those sections. This column provides an overview of the discussion draft of the new, not-yet-numbered House bill, the CICA, and compares its key provisions with the Senate’s approach to TSCA reform under S. 1009. The discussion draft of the CICA, which is discussed below, is available online (US House of Representatives House Energy and Commerce Subcommittee on Environment and the Economy [US HR], 2014a). Direct quotes from the discussion draft included in this column are followed by the page numbers at which they can be found in the document. Highlights of the bill are also available online (US HR, 2014b). Memoranda regarding S. 1009 and on the congressional hearings held to date are available at http://www .lawbc.com/regulatory-developments/tsca. Section 2: Findings The findings in the CICA generally align with those in the CSIA. The CICA limits provisions in this section to “findings” and “purpose.” It does not offer statements of “intent” or “policy” as was done in TSCA and the CSIA. The purpose of the Act is to “promote uniform” protection of human health and the environment through regulation while minimizing undue burdens on commerce.