The Toxic Substances Control Act (TSCA) is finally finding modernization through the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This Act aims to improve chemical safety, the safety of products that contain the chemicals and encourage continued economic and innovation growth.
The Frank R. Lautenberg Chemical Safety for the 21st Century Act will:
- Provide the Environmental Protection Agency (EPA) the correct tools that will ensure chemicals in commerce are safer for consumer use.
- It will create a new system for the EPA, to assist them to evaluate and manage risks associated with chemicals that are currently on the market.
- Ensure all the fees that are paid to the EPA are only used for chemical management activity.
- The Act will maintain that protection of all confidential business information. All confidentiality claims must be reclaimed after 10 years.
- Provide limited pre-emption of state law. Once the EPA makes a final decision on if a chemical poses unreasonable risk, the EPA action would generally apply in all states.
- Set deadlines for the EPA to take action. Risk evaluations must be completed within three years and risk management rules must follow completion of risk evaluations by 90 days.