Society of Chemical Manufactures & Associates (SOCMA) Tells Congress TSCA Reform Bill Creates Major Challenges for Industry, EPA
Washington, DC – The Society of Chemical Manufacturers and Affiliates today told Congress that recently-introduced legislation to reform US chemical safety laws is overreaching and unworkable, saying it would have a substantially negative impact on an industry already fighting recession and foreign competition.In testimony before the House Subcommittee on Commerce, Trade, and Consumer Protection, Beth D. Bosley, President of Boron Specialties, said the Toxic Chemicals Safety Act of 2010 (H.R. 5820) poses overwhelming challenges for batch, custom and specialty chemical manufacturers. While Bosley noted some improvements in the bill, including the requirement for varied and tiered testing, she expressed deep concern over the eventual loss of high-paying manufacturing jobs as a result of the bill.
“It is more important than ever that we maintain our competitive edge as innovators,” Bosley stated. “The US chemical industry’s competitiveness has continued to decrease substantially in recent years due to competition from countries, like China and India, with lower resource costs, lower wage standards, and a less burdensome regulatory environment.”
Bosley highlighted the following major concerns with the legislation:
- Inappropriate Safety Standard – the standards used to regulate drugs and food additives should not be used as the model for regulating industrial chemicals. The bill presents major roadblocks to market entry even for low risk chemicals.
- New Chemicals and New Use Requirement – the bill requires an unnecessary increase in testing and reporting, discouraging research and development and introduction of new chemicals or new applications in existing chemicals into the market.
- Inclusion of Mixtures – this expansion would overwhelm the Environmental Protection Agency and disadvantage the industry. It would require a massive increase in paperwork for submittal to EPA for mixtures containing chemical substances that do not have an identified risk.
- Lack of Confidential Business Information Protection – by disclosing chemical identity and components of a mixture in health and safety studies, we will promote foreign undercutting of the industry.
- No State Preemption – the potential for disruption of interstate commerce will remain without some kind of preemption in place.
SOCMA has testified before this subcommittee numerous times on modernizing TSCA and most recently participated in a month-long stakeholder discussion, during which the House Energy and Commerce Committee gathered feedback from industry groups, including SOCMA, on the draft version of this legislation.
SOCMA looks forward to continuing its efforts to promote recommendations for a pragmatic approach to TSCA reform with members of Congress.
By: Christine Sanchez
American Chemistry Council:
ACC: Chemicals Management Reform Can Be a Reality
In testimony before a key House subcommittee today, American Chemistry Council (ACC) president and CEO Cal Dooley urged Congress to take the time to fix recently introduced legislation to reform the Toxic Substances Control Act (TSCA) to ensure that it enhances public safety, preserves the ability of industry to innovate, and protects American jobs.
“My simple request is that we recognize that chemicals management is an extremely complex undertaking that affects the entire American economy, and there is much more work that needs to be done,” Dooley said in prepared remarks provided to the subcommittee. Dooley was one of several witnesses to testify before the Energy and Commerce Committee’s Subcommittee on Commerce, Trade and Consumer Protection for a hearing on H.R. 5820 “The Toxic Chemicals Safety Act of 2010,” which was introduced last week by Rep. Henry Waxman and Rep. Bobby Rush, chairman of the subcommittee.
While Dooley commended Congress for taking on this issue and for using a stakeholder process to gather ideas, he argued that the bill, as drafted, misses the mark. “It creates additional burdens that do not contribute to and, in fact, detract from making advances in safety, while coming up short with respect to promoting innovation and protecting American jobs,” he said. Dooley specifically called into question the safety standard in the bill, as well as its treatment of new chemical innovations, and its approach to the safety of imported products.
“We firmly believe that you can develop legislation that ensures safety while promoting innovation and protection jobs,” he concluded.
