Wednesday, April 20th, 2016
There’s much praise for both the House and Senate versions of the Toxic Substances Control Act (TSCA) legislation. Why? How does reforming a 40-year old piece of legislation impact an additive supplier in the value chain for an intricate piece in a larger finished product? Why should consumers be optimistic about the safety of future household products?
TSCA reform that is being negotiated by representatives from each chamber of Congress will update the 40-year-old regulatory framework to reflect today’s chemical manufacturing environment. In particular, we expect the negotiated version to overhaul the safety standards for chemicals entering the market, codify federal preemption language, and to protect confidential business information.
Here’s a look at what SPI and its members/stakeholders support:
Updated Safety Standards
TSCA will better define the safety standards that chemical manufacturers must meet so that consumers are more confident about the safety of chemicals in commerce. Costs and other non-risk factors should not be considered when evaluating the safety of a chemical. It is important TSCA consider potentially exposed subpopulations, such as children, to a chemical even under the intended conditions of use. Without these changes, it is difficult for businesses to demonstrate the safety of their products under the current, outdated regulatory system.
Federal Regulation to Preempt State Regulations
TSCA reform will reduce the need some states feel to step into the realm of chemical regulation. It’s more efficient for a company to comply with one federal regulation than it is to juggle 50 individual state regulations. The federal government recognizes this and is defining a threshold for states to implement their own regulatory standards.
Protect Confidential Business Information
Today’s TSCA reform outlines when information needs to be provided by private companies, but it also clarifies what is and is not protected. This confidence allows businesses to move forward with more innovative solutions to today’s chemical needs without worrying about disclosing trade secrets in the regulatory process.
U.S. manufacturers have made great strides in advancing chemical technology and use. These innovations make life as we know it possible. Unfortunately, the regulatory environment has not kept pace – but we expect this to change when negotiations conclude and a final bill is signed into law. We are confident that promising days lie ahead for those in the plastics industry impacted by TSCA.