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Our nation’s primary chemicals management law must keep pace with scientific advancements and ensure that chemical products are safe for intended use—while also encouraging innovation and protecting American jobs.
After years of negotiation and with input from industry, environment, public health, animal rights, and labor groups, Congress overwhelmingly passed bipartisan comprehensive reform legislation to update the regulation of chemicals for the first time in 40 years, modernizing the Toxic Substances Control Act (TSCA) to meet the needs of the 21st Century. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) was signed and enacted into law by President Obama on June 22, 2016.
More effective federal oversight of chemicals will give Americans greater confidence that chemicals in commerce are being used safely and reduce the number of inconsistent state-based chemical initiatives that impede interstate commerce and send mixed messages to consumers.
Thanks to TSCA reform and the LCSA, America’s manufacturers will have the regulatory certainty they need to innovate, grow, create jobs and win in the global marketplace—at the same time that public health and the environment benefit from strong risk-based protections.
EPA will conduct a risk-based review of all chemicals in commerce.
New chemicals will be subject to EPA review before they can come to market.
Risk evaluations must be based only on human health and environmental considerations.
EPA must consider vulnerable groups like infants, pregnant women, and the elderly.
EPA will establish a transparent, risk-based process to identify high and low priority chemicals that considers a chemical’s inherent hazards; uses; typical exposures to people, including vulnerable groups, and the environment; proximity to drinking water sources; and other relevant information.
A thorough risk evaluation will be conducted on all chemicals designated as “high priority.”
Empowers EPA to require manufacturers to perform additional safety testing on chemicals if the Agency believes more data is needed to make a safety determination. In the past EPA had to demonstrate that a chemical didn’t meet the safety standard before it could require more tests.
EPA will apply risk management measures to any chemical found to present an unreasonable risk that could include labeling requirements, use restrictions, phase-outs, or bans.
Compliance with all rules must be as soon as practicable, but generally within five years.
EPA has 180 days from enactment to have risk evaluations underway on the first 10 high priority chemicals, which will be pulled from EPA’s existing Work Plan Chemicals list.
Within 1 year , EPA must establish the process to identify additional high and low priority chemicals.
Within 1 year , chemical manufacturers must report to EPA all chemicals they are currently producing or processing so the Agency has an accurate accounting of chemicals currently in commerce.
Within 3.5 years , EPA must have evaluations underway for at least 20 high priority chemicals.
Risk evaluations must be complete in 3 years , with a possible 6 month extension.
It provides regulatory certainty to businesses throughout the value chain, from raw material producers to retailers, with a strong national chemical regulatory program.
EPA decisions will be based on risk, meaning that hazards, use, and exposure will be considered when determining if a chemical can be used safely, ensuring decisions are consistent with real-world circumstances.
EPA must use the best-available science and the weight of the evidence to make decisions, meaning the greatest weight will be given to the highest-quality and most relevant studies.
EPA’s work must be available to the public, Congress, and the regulated community for comment.
EPA’s final decisions will preempt existing and future state regulations.
Preemption of state restrictions will be limited to the scope of EPA risk evaluations.
Any state prohibition or restriction of a chemical enacted before April 22, 2016, and any other state law enacted before August 31, 2003, will not be preempted.
States must “pause” efforts to enact new chemical restrictions while EPA conducts a risk evaluation unless the state first obtains a waiver from EPA. This “pause” will not apply to Work Plan Chemicals or manufacturer requests.
States may seek waivers from the preemptive effect of the “pause” if a state has made significant progress toward regulating a chemical EPA is evaluating and from final EPA decisions.
State reporting, monitoring, and other information requirements and state actions under existing traditional air and water quality laws are not preempted.
Industry can request that EPA complete a risk evaluation on a limited number of specific chemicals if the manufacturer covers costs (100 or 50 percent depending on the chemical) in order to obtain a clear EPA decision about a chemical’s safety and address any customer or consumer questions.
EPA will consider costs and benefits when developing regulations or restrictions on chemicals, but EPA will not consider costs when determining if a chemical meets the safety standard.
Creates an efficient, cost-effective risk-based chemical regulatory program that can serve as a model for other countries considering new chemical regulations.
It maintains strong protections for vital intellectual property so American companies can preserve their competitive advantage.
CBI claims will expire after 10 years unless a company re-submits its claim.
EPA will be required to enhance access to CBI for states, medical professionals, and first responders.
It ensures manufacturers can bring new chemicals to market in an efficient way so American businesses can compete in the fast-paced global marketplace.
It maintains exemptions for certain chemicals that are required for a critical use, such as national defense.
Small businesses are subject to reduced fees so they can more easily introduce new products.
For More Information please visit Lautenberg Chemical Safety Act Website.
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Tomas Leclerc, M.S. (Editor)
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This is very good information! To be safe takes knowledge, direction , information, training and so much more! Safety is a way of living! Knowing how to swim is just the beginning of been safe around water. It is so good to have a magazine that encompasses different aspects and point of views! ~ Frances Cabrera
Water Safety Magazine focuses on drowning prevention, and being safe in and around water. The mission is to educate, inform, have fun, and save lives.
About the Magazine Drowning Reports PoolSafely Campaign Coronavirus (COVID-19) Updates
June 5, 2020 Pool Safety With Your Dog
May 25, 2020 Facts about Kids and Dangers of Drowning
May 15, 2020 Stay Healthy When Going to the Pool
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