WASHINGTON - After more than two decades of impasse over chemical regulations, a bipartisan group of senators Wednesday announced a compromise that won support from both environmental and industry officials. "Our bill strikes the right balance between strengthening consumer confidence in the safety of chemicals, while also promoting innovation and the growth of an important sector of our economy,"...
WASHINGTON - After more than two decades of impasse over chemical regulations, a bipartisan group of senators Wednesday announced a compromise that won support from both environmental and industry officials.
"Our bill strikes the right balance between strengthening consumer confidence in the safety of chemicals, while also promoting innovation and the growth of an important sector of our economy," said Sen. David Vitter, R-La., the top Republican on the Senate Environment and Public Works Committee.
Two years ago, Vitter and Sen. Frank Lautenberg, D-N.J., who has been pressing for tightening the Toxic Substances Control Act since 1995, came close to a compromise. But the deal couldn't be finalized.
Congress has debated chemical safety, without resolution, for 25 years.
This time, Lautenberg, said the two sides came together.
"Every parent wants to know that the chemicals used in everyday products have been proven safe, but our current chemical laws fail to give parents that peace of mind," Lautenberg said. "Our bipartisan bill would fix the flaws with current law and ensure that chemicals are screened for safety."
Sen. Mary Landrieu, D-La., signed up as a co-sponsor, and the legislation won approval from officials with the Environmental Defense Fund and the American Chemistry Council, the leading industry group.
Under the legislation:
- All chemicals used in commerce must be evaluated for safety and labeled as either "high" or low" priority based on potential risk to human health and the environment. For high risk chemicals, the Environmental Protection Agency must conduct further safety evaluations.
- If a chemical is found to be unsafe, EPA is given the authority to impose safety requirements or, in some instances, order a full phase-out or ban of a chemical.
- EPA is ordered to, with full transparency, prioritize chemicals for rules.
- New chemicals entering the market must be screened for safety.
- EPA is authorized to secure health and safety information from manufacturers, but first must rely on existing information to avoid duplicate testing.
- EPA is required to evaluate the risks of chemicals to children and pregnant women. That's a new requirement, according to sponsors.
- States and municipalities are given the opportunity to provide input on prioritization, safety assessment and the safety determination process. Their suggestions must get a timely response from EPA and there's a waiver process in which EPA can allow state regulations or laws to remain in effect when circumstances warrant.
"We need to find a balance between protecting public health and supporting our manufacturers - this bill strikes that needed balance," Landrieu said. "Our chemical manufacturers support almost 180,000 jobs in Louisiana and 6 million across the country - this bill will allow them to continue making those contributions to our economy, while giving our families peace of mind that the products they use are safe. I thank Senators Lautenberg and Vitter for their leadership on this important issue and I look forward to continuing to work with my colleagues to pass this important legislation through the Senate."
Missing from the bill are provisions, previously sought by environmentalists, which would have required chemical companies to use less dangerous chemicals when EPA determined that they were readily available and could be used comparably to the chemical being replaced. Industry groups said it would allow EPA to determine their business operations - without an understanding of why industry believes certain chemicals can't be replaced without significant impact on product effectiveness, or cost concerns.
In announcing the legislation, Lautenberg and Vitter announced support from industry and environmental officials.
"It gives EPA vital new tools to identify chemicals on both high and low concern, and to reduce exposure to t hose that pose risks," said 'Richard Denison, senior scientist with the Environmental Defense Fund."
Said Dan Borne, president of the Louisiana Chemical Association: "It's balanced, bi-partisan, long overdue and essential if America is to reap all the benefits of chemical manufacturing's new industrial revolution."
Anne Rolfes, founding director of the Louisiana Bucket Brigade, called the compromise "a rare but welcome moment.""The bill would have been stronger if Vitter and Landrieu would have our interests -- rather than corporate interests -- at heart," Rolfes said. "Still, it's important to celebrate progress. Our senators were not obstructionists and that's a welcome change.
Lautenberg, 89, who has been ill in recent weeks, is not running for re-election in 2014 and has made a priority of reaching a compromise on chemical oversight during the current Congress.