New draft bill created to help improve EPA’s ability to monitor TSCA

Published 
December 3, 2014

A first draft and subsequent hearing occurred on the 12 March this year, with a second draft to be proposed in early April, before the eventual introduction of a new bill of regulation later in the year.

However, recent revisions are considered still not viable and therefore no further towards making the necessary amendments for an adapted, modernized version.

Many of the regulations in place at present dictate an awkward and lengthy monitoring of substances in order to achieve a rate of compliance, which in practice is just not viable. Yet John Shimkus, chairman of the Commerce Committee’s Subcommittee on Environment and Economy has expressly said that he welcomes suggestion for further improvement.

It has been recommended that the second draft include detailed deadlines for agency protocol under section 6, in determining and prioritizing a substances level of safety, and section 22, ascertaining information quality for the benefit of public notice and comment, with clearance by the OMB, within a year of commencement.

Yet EPA officials state that this is too challenging a deadline to achieve.

Further suggestions for improvement include a list of substances currently used in commerce, and a list for those that are not, to allow more focus on certain substances over others.

A revision of the language used within the protocols is also highly favoured to enable viable compliance. As it stands, language technicalities mean that entirely different circumstances are being treated under the same regulations which are too vague to account for individual challenges.

The last area under scrutiny is section 4, where authority to obtain toxicity, exposure and other data, could now require a necessary explanation behind reasons for request.

Democrats have raised concerns that these changes could mean large additional amounts of work be conducted, and a limited possible degree of authority for the EPA within specific circumstances.

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