On April 10, the proposed Safer Chemicals Act of 2013 was introduced in the Senate. According to a summary prepared by sponsoring Senators Lautenberg and Gilliland, the Senate Bill "is identical to the legislation that was sponsored by 30 Senators and reported favorably out of the Environment and Public Works Committee in the 112th Congress."
The Summary further states that the bill would:
• Establish a Risk-Based Chemical Management System Based on Sound Science: The Safe Chemicals Act requires EPA to evaluate chemicals based on risk, which includes both the hazard of the chemical and its exposure. The safety standard ensures that there is a reasonable certainty that no harm will be caused to human health or the environment from the aggregate exposure to the chemical. All safety standard determinations must be made using the best available science according to recommendations of the National Academy of Sciences.
• Focus Attention on Priority Chemicals: To ensure the greatest benefit to public health and the least burden on industry, EPA is directed to focus its limited resources on priority chemicals. Specifically, EPA is required to update the inventory of commercially produced chemicals, divide those existing chemicals into batches for review, and then prioritize those chemicals for safety evaluation based on existing information.
• Secure Access to Health and Safety Data: Under the Safe Chemicals Act, EPA is required to rely first on existing information when making safety and priority determinations. This reduces testing costs and redundancy. However, when existing health and safety data is insufficient, EPA has the authority to require additional testing through order, which is a key shortcoming of the existing law. In addition, EPA will establish regular use reporting, similar to its current efforts under the Chemical Data Reporting (CDR) rule, to provide better understanding of the health effects and uses of chemicals.
• Protect Americans from Harmful Chemicals: If EPA determines that a chemical fails to meet the safety standard, the agency has authority to implement a wide range of risk management approaches through regulation, including requiring warning labels, limiting specific uses, or even prohibiting the manufacture of toxic chemicals. This corrects a key flaw of TSCA, which has prevented EPA from taking action to restrict uses of unsafe chemicals, even when there is broad agreement that the chemical poses a serious health risk. Exemptions are allowed for national security purposes, significant economic disruption, or if there are not feasible safer alternatives for critical uses.
• Promote Innovation and Protect Confidential Business Information: Chemical manufacturers are able to bring new chemicals into commerce on the same timeframe as exists under current law. This allows for innovation in the industry, while still ensuring that new chemicals are screened for safety. The Safe Chemicals Act also maintains trade secrets through robust protections for confidential business information, while still providing public access to non-proprietary health and safety data.
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