On February 26, 2009, the House of Representatives Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection held a highly anticipated hearing titled The Revisiting of the Toxic Substances Control Act of 1976.
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Jim DeLisi of Fanwood Chemical testified on behalf of SOCMA and hammered the main points that the statute will not require “sweeping change” and that Congress should look at how the statute is implemented. He referred to certain sections of TSCA that could be improved and more fully utilised. DeLisi also brought up the point that the number of chemicals in commerce is not an accurate reflection of actual chemicals in commerce. SOCMA made it clear that the US should not adopt a REACh-like paradigm. This hearing kicked off the first discussion on TSCA Reform of the 111th Congress and is expected to be the first of several more hearings to follow.
The witnesses who testified at the hearing were mostly comprised of interest groups pushing for TSCA Reform. The primary message was that TSCA has structural damage and there is a need for more information. One witness representing steel workers said that, “TSCA would not have prevented the Bhopal disaster” and that, “now we have canaries in a coal mine.” When Chairman Rush asked each of the witnesses whether TSCA needed reform, most of them said, “yes.”
The chemical industry groups, including SOCMA, were mostly aligned and agreed that some areas of TSCA could be improved but did not endorse amending the statute. Ranking member George Radonovich of California said that, “a surgical approach” was needed and interestingly pointed to his own state as a poor model for chemical risk management, considering the economy there.
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