ENVR Sweeping overhaul of nation¡¦s chemical-safety laws clears final legislative hurdle

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Health & Science

Sweeping overhaul of nation¡¦s chemical-safety laws clears final legislative hurdle

By Juliet Eilperin June 7 at 8:03 PM „³


The Senate passed legislation Tuesday evening that will overhaul the way the federal government regulates every chemical sold on the market in the United States.

The bipartisan bill, which drew support from the chemical industry, trial lawyers and many public health and environmental groups, updates a 40-year-old law long criticized as ineffective.

In reauthorizing the Toxic Substances Control Act on a voice vote, lawmakers are providing chemical manufacturers with greater certainty while giving the Environmental Protection Agency the ability to obtain more information about a chemical before approving its use. And because the laws involved regulate thousands of chemicals used in products including furniture, sippy cups and detergents, the measure will affect Americans¡¦ everyday lives in ways large and small.

In an interview before the vote, Sen. Jeff Merkley (D-Ore.) said many Americans were largely unaware of the risks posed by toxic chemicals, whether they are flame retardants in rugs and drapes or materials in clothing.

¡§When people learn their little baby is crawling on the floor with their nose an inch from the rug, and they are inhaling toxic-laden dust right from birth, they¡¦re shocked,¡¨ he said. ¡§We finally found a way to bring people together to change that.¡¨


Sen. David Vitter (R-La.), who co-authored the bill with Sen. Tom Udall (D-N.M.), said the measure could spur economic innovation because more functional oversight would encourage chemical manufacturers to bring new products to market.

¡§I¡¦m so very glad to have passed a law that strengthens our country¡¦s international competitiveness, provides desperately needed regulatory certainty for industry and mandates that the federal government use better science and provide more transparency,¡¨ he said in a statement.

[Congress is overhauling an outdated law that affects nearly every product you own]

Currently, the EPA must prove that a chemical poses a potential risk before it can demand data or require testing, and that substance can automatically enter the marketplace after 90 days. As a result, the agency has required testing for 200 out of thousands of chemicals that have entered the market, and it has issued regulations to control only five of them.

More than 8,000 chemicals are produced in the United States at an annual rate of more than 25,000 pounds each, according to the agency

The overhaul will allow the EPA to order companies to test their new products. The measure will also create a more uniform regulatory system for chemical manufacturers, although states will still have the right to seek a federal waiver to impose their rules on a given chemical. It will also severely limit the testing of chemicals on animals.

Manufacturers have lobbied for updated legislation because several states have begun to impose their own curbs on toxic chemicals out of concern that the federal government was not doing enough.

¡§The regulations on these chemicals will be clearer and more straightforward, meaning time and resources that would have been spent trying to navigate outdated, confusing rules can now be spent on driving innovation and creating jobs,¡¨ said Jay Timmons, president of the National Association of Manufacturers.

Some environmental groups have criticized the bill as too weak, saying states should have more freedom to regulate chemicals on their own.

[Bipartisan chemical bill runs into a Senate roadblock: Rand Paul ]

The measure, which President Obama is poised to sign into law, grew out of an effort that the late Sen. Frank Lautenberg (D-N.J.) launched with Vitter and Sen. James M. Inhofe (R-Okla.) in 2012. The bill passed the House by an overwhelming margin late last month, but Sen. Rand Paul (R-Ky.) put a hold on it that delayed its passage.

¡§This is a historic day and a fitting way to honor Frank Lautenberg¡¦s years of work for a healthier and safer environment for our children and grandchildren,¡¨ Vitter said.


Juliet Eilperin is The Washington Post's White House bureau chief, covering domestic and foreign policy as well as the culture of 1600 Pennsylvania Avenue. She is the author of two books¡Xone on sharks, and another on Congress, not to be confused with each other¡Xand has worked for the Post since 1998. „J Follow @eilperin
 
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