Despite two hearings, several private stakeholders meetings and plenty of bluster, the effort to reform how chemicals are regulated remains largely where it was a year ago as Congress prepares to conclude its work for 2011. To be sure, Sen. Frank Lautenberg (D-N.J.) and his staff have worked tirelessly to attract industry and Republican support for his "Safe Chemicals Act" (S. 847), which would reform the 1976 Toxic Substances Control Act (TSCA). But after a fiery recent hearing, industry appears hesitant to lend its support and it looks as if Lautenberg won't meet his goal of holding a markup on the bill before the end of the year.
And with 2012 being an election year, many observers are skeptical about the chances of a bill that would expand U.S. EPA's regulatory authority -- something that thus far has been a political nonstarter on the campaign trail. Further, getting floor votes on any legislation during an election year is typically difficult since Congress' schedule is cut short for campaigning.
Lautenberg, however, remains undeterred. He would not rule out a hearing before the end of the year but said he does not think he will be able to squeeze it in. But Lautenberg also tried to turn conventional wisdom on its head when asked if it would be tougher to pass the bill next year. "I don't think so," he told E&E Daily with a laugh. "I think it should get easier. I think it's fair to say that our friends on the other side of the aisle are getting skittish about just saying 'no.'"
Progress Made
Lautenberg has made significant strides in his quest for TSCA reform, a legacy issue for the 87-year-old Democrat. He introduced the bill, which shifts the burden to chemical manufacturers to prove their substances are safe before they go on the market, and presided over two hearings on the topic. Perhaps most importantly, Lautenberg also initiated a series of stakeholder meetings with Senate Environment and Public Works Committee ranking member James Inhofe (R-Okla.). The meetings marked the first time a Republican has come to the table to discuss TSCA reform.
Moreover, participants in the dialogues, which included prominent public health advocates as well as industry representatives, all said the meetings were a success and a step forward for the bill (E&E Daily, Nov. 4). Meetings between green groups and industry -- both on the Hill and off -- have led backers of the bill to remain optimistic. "The opportunity is riper than it's ever been," said Andy Igrejas of the Safer Chemicals, Healthy Families campaign, a broad coalition of groups that support the bill. "The various forms of dialogue have convinced me that we could come to an agreement." Igrejas added: "The opportunity both substantively and politically is staring us in the face."
Hurdles on the Horizon
That progress hit a speed bump, however, at a Senate Environment and Public Works Committee hearing last month. Democrats on the panel got into a heated exchange with American Chemistry Council (ACC) President Cal Dooley -- a former Democrat2ic congressman from California's Central Valley -- after accusing him of seeking to undermine the bill by refusing to submit alternative legislative language for the sections to which ACC objects (Greenwire, Nov. 17). The exchange has led to a stand-off between ACC and the Democrats on the panel, which could make it difficult for Lautenberg to pick up industry or GOP support for the bill.
In an interview, Dooley said ACC has "spent an incredible amount of time" on TSCA reform and has developed concrete proposals it has shared with the committee. But Lautenberg's bill, he said, remains unchanged. "We know there is a pathway for a bipartisan approach, but we haven't seen any activity or anything that's manifested itself in legislation that's been offered by Senator Lautenberg that can attract bipartisan support," Dooley said. "Unless there is a clear demonstration that people are serious about trying to find bipartisan support, I think it's unlikely you'll see legislation enacted in 2012."
That sentiment was echoed by Dan Newton of the Society of Chemical Manufacturers and Affiliates. "The bill is so unworkable that I really think we'd probably be better off with a complete rewrite," Newton said. Still, proponents of the bill note that industry is not monolithic and some trade groups -- such as the Consumer Specialty Products Association -- and some individual companies are more receptive of Lautenberg's bill.
Another problem is that the abundance of environmental issues currently on Congress' agenda may be pushing TSCA reform to the back of the line. "Looking ahead, there are so many things we are going to be talking about before TSCA and they are all on fire," Inhofe, who has not signed on to Lautenberg's bill, told E&E Daily. "Really, nothing has changed in my mind about TSCA."
Action in 2012?
Lautenberg and his staff remain optimistic that they can and will move forward with the bill. The Democrat has repeatedly said he will go it alone with a markup, meaning even if he does not have Republican support. The key issue now appears to be whether any sort of reconciliation can be reached with ACC. Democratic staffers working on the bill say they have repeatedly shown they are willing to be flexible on specific legislation language in hopes of garnering industry support. And before the markup, Lautenberg will seek to work out specific areas of the bill with industry representatives still at the negotiating table to show the process is moving forward.
"This reform is obviously essential," Lautenberg said. "To not be able to get something like this through is evidence of the resistance of the other side to anything that has a positive outcome." Jason Rano of the Environmental Working Group added that despite the tough road ahead, Lautenberg will remain persistent.
"To folks who think this issue will go away," Rano said, "Guys like Senator Lautenberg don't give up very easily."
From: Jeremy P. Jacobs, E&E reporter, E&E Daily
The original article can be accessed HERE.
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And with 2012 being an election year, many observers are skeptical about the chances of a bill that would expand U.S. EPA's regulatory authority -- something that thus far has been a political nonstarter on the campaign trail. Further, getting floor votes on any legislation during an election year is typically difficult since Congress' schedule is cut short for campaigning.
Lautenberg, however, remains undeterred. He would not rule out a hearing before the end of the year but said he does not think he will be able to squeeze it in. But Lautenberg also tried to turn conventional wisdom on its head when asked if it would be tougher to pass the bill next year. "I don't think so," he told E&E Daily with a laugh. "I think it should get easier. I think it's fair to say that our friends on the other side of the aisle are getting skittish about just saying 'no.'"
Progress Made
Lautenberg has made significant strides in his quest for TSCA reform, a legacy issue for the 87-year-old Democrat. He introduced the bill, which shifts the burden to chemical manufacturers to prove their substances are safe before they go on the market, and presided over two hearings on the topic. Perhaps most importantly, Lautenberg also initiated a series of stakeholder meetings with Senate Environment and Public Works Committee ranking member James Inhofe (R-Okla.). The meetings marked the first time a Republican has come to the table to discuss TSCA reform.
Moreover, participants in the dialogues, which included prominent public health advocates as well as industry representatives, all said the meetings were a success and a step forward for the bill (E&E Daily, Nov. 4). Meetings between green groups and industry -- both on the Hill and off -- have led backers of the bill to remain optimistic. "The opportunity is riper than it's ever been," said Andy Igrejas of the Safer Chemicals, Healthy Families campaign, a broad coalition of groups that support the bill. "The various forms of dialogue have convinced me that we could come to an agreement." Igrejas added: "The opportunity both substantively and politically is staring us in the face."
Hurdles on the Horizon
That progress hit a speed bump, however, at a Senate Environment and Public Works Committee hearing last month. Democrats on the panel got into a heated exchange with American Chemistry Council (ACC) President Cal Dooley -- a former Democrat2ic congressman from California's Central Valley -- after accusing him of seeking to undermine the bill by refusing to submit alternative legislative language for the sections to which ACC objects (Greenwire, Nov. 17). The exchange has led to a stand-off between ACC and the Democrats on the panel, which could make it difficult for Lautenberg to pick up industry or GOP support for the bill.
In an interview, Dooley said ACC has "spent an incredible amount of time" on TSCA reform and has developed concrete proposals it has shared with the committee. But Lautenberg's bill, he said, remains unchanged. "We know there is a pathway for a bipartisan approach, but we haven't seen any activity or anything that's manifested itself in legislation that's been offered by Senator Lautenberg that can attract bipartisan support," Dooley said. "Unless there is a clear demonstration that people are serious about trying to find bipartisan support, I think it's unlikely you'll see legislation enacted in 2012."
That sentiment was echoed by Dan Newton of the Society of Chemical Manufacturers and Affiliates. "The bill is so unworkable that I really think we'd probably be better off with a complete rewrite," Newton said. Still, proponents of the bill note that industry is not monolithic and some trade groups -- such as the Consumer Specialty Products Association -- and some individual companies are more receptive of Lautenberg's bill.
Another problem is that the abundance of environmental issues currently on Congress' agenda may be pushing TSCA reform to the back of the line. "Looking ahead, there are so many things we are going to be talking about before TSCA and they are all on fire," Inhofe, who has not signed on to Lautenberg's bill, told E&E Daily. "Really, nothing has changed in my mind about TSCA."
Action in 2012?
Lautenberg and his staff remain optimistic that they can and will move forward with the bill. The Democrat has repeatedly said he will go it alone with a markup, meaning even if he does not have Republican support. The key issue now appears to be whether any sort of reconciliation can be reached with ACC. Democratic staffers working on the bill say they have repeatedly shown they are willing to be flexible on specific legislation language in hopes of garnering industry support. And before the markup, Lautenberg will seek to work out specific areas of the bill with industry representatives still at the negotiating table to show the process is moving forward.
"This reform is obviously essential," Lautenberg said. "To not be able to get something like this through is evidence of the resistance of the other side to anything that has a positive outcome." Jason Rano of the Environmental Working Group added that despite the tough road ahead, Lautenberg will remain persistent.
"To folks who think this issue will go away," Rano said, "Guys like Senator Lautenberg don't give up very easily."
From: Jeremy P. Jacobs, E&E reporter, E&E Daily
The original article can be accessed HERE.
