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January 10, 2014

TSCA Reform Legislation Predictions


As the new year begins, there are several predictions on the path for reform of TSCA. The vehicle for reform is expected to be S. 1009, the Chemical Safety Improvement Act (CSIA), bi-partisan legislation introduced last year by Senator David Vitter (R-LA), Ranking Member of the Senate Committee on Environment and Public Works (EPW), and the late Senator Frank Lautenberg (D-NJ). Senator Vitter and Senator Tom Udall (D-NM) are now working to move CSIA forward through the legislative process. A Law360 article recently published by Lynn Bergeson contains a detailed discussion of the significance and provisions of this legislation. With 25 bipartisan co-sponsors, CSIA is a "potentially politically viable framework for TSCA reform and renewed hope that badly needed modernization of this ancient law may occur."

Recently, Senator Vitter stated publicly that he expects to be able to move CSIA through the Senate toward passage this year. That task will face challenges. CSIA, or any TSCA reform legislation, will need to first pass the Senate EPW Committee. Its Chair, Senator Barbara Boxer (D-CA), is seeking amendments to limit CSIA's preemptive effect with respect to tougher state chemical laws like California's Proposition 65 and the Safer Consumer Products Regulations.