House approves chemical safety reform bill led by Shimkus, Upton

The House of Representatives approved sweeping changes to chemical safety laws on Tuesday that were championed by U.S. Reps. John Shimkus (R-IL) and Fred Upton (R-MI).

The Frank R. Lautenberg Chemical Safety for the 21 Century Act, H.R. 2576, was the culmination of a three-year review of shortcomings of the Toxic Substances Control Act (TSCA) throughout nine committee hearings.

The bill would provide the EPA with tools to ensure that chemicals used in commerce are safe for consumers, and it would establish a new system for the EPA to evaluate and manage risks posed by chemicals that are already on the market.

“This is sweeping legislation with monumental benefits for virtually every man, woman and child in the United States,” Shimkus, the chairman of the House Energy and Commerce Subcommittee on Environment and the Economy, said. “This bill represents a balanced and thoughtful compromise that makes long needed improvements to an outdated and ineffective law. It’s the culmination of a multi-year, multi-Congress effort and marks the first consequential update of the Toxic Substances Control Act in 40 years. I thank everyone who worked hard to get us to where we are today. It’s imperative that we get this bill signed into law without delay.”

The bill would require the EPA to complete risk evaluations within three years, and it would require that risk management rules be completed within 90 days of completed risk evaluations.

“This bill is good for jobs. It’s good for consumers. And it’s good for the environment,” Upton, the chairman of the House Energy and Commerce Committee, said. “This landmark legislation is the most meaningful and impactful update to issues involving environment and the economy that we’ve had in decades. And it will soon be law thanks to hard work and dedication. It’s a legislative achievement we can all be proud of.” 

Upton said in a floor speech that the resolution would give the EPA more direct tools to obtain testing information on chemicals and specify key points in the evaluation and regulatory processes where the agency can order testing.

“In addition, the compromise text reduces animal testing required under TSCA,” Upton said. “It restructures the way existing chemicals are evaluated and regulated. The bill clarifies the treatment of trade secrets submitted to EPA.”

Under the bill, fees paid to the EPA would be deposited into a separate fund in the Treasury, and fees would have to be used for chemical management activities.

“Reforming the nearly four-decade-old TSCA is long past due and will help strengthen America’s economy and create more manufacturing jobs,” House Majority Whip Steve Scalise (R-LA) said. “(On Tuesday), the House took decisive action to improve protections for public health while giving manufacturers and other job creators the clarity and certainty they need to do business and grow our economy. I congratulate my good friend and colleague John Shimkus for his strong leadership in writing and passing this bipartisan bill.”

In a floor speech in support of the bill, Shimkus noted that an absence of workable federal standards had created a patchwork of state regulations.

“While well intentioned, these state actions have ultimately led to public confusion and a marketplace that has become increasingly uneven, unpredictable, and incompatible with economic and regulatory realities,” Shimkus said.

To combat that, the bill would provide limited preemption of state laws and make EPA final decisions generally apply to all states. Prior state laws and private rights of action under tort or contract law would also be preserved.

“The fast-developing chemical industry is providing jobs across our state, but it’s being held back by outdated chemical safety laws that aren’t fulfilling their intended purpose,” U.S. Rep. Charles Boustany (R-LA) said. “This legislation will balance consumer safety with innovation, ensuring Americans have the utmost confidence in chemical safety and allowing the industry to grow.”

House Speaker Paul Ryan (R-WI) said that chemical regulation can be complicated — but this bill wasn’t.

“By removing 40-year-old barriers and modernizing procedures, we reduce the risk to consumers,” Ryan said. “This means the chemicals and products we use every day will be safer for Americans. I commend John, our colleagues in the Senate, and members on both sides of the aisle for getting this done, and I look forward to sending this bill to the president’s desk.”

U.S. Rep. Ed Whitfield (R-KY) said that public confidence in the safety of chemicals and products that contain them are vital to economic growth.

“Given industry advancements and increases in interstate and global commerce that have taken place over the past 40 years, TSCA was simply no longer adequate to provide the necessary safety protections to consumers while at the same time continuing to encourage industry growth and innovation,” Whitfield said. “As a member of the Energy and Commerce Committee, I am proud to have worked with my colleagues in a bipartisan manner to advance this important legislation providing much-needed updates and improvements to our nation’s chemical safety laws.”