ILMA Compoundings August 2016 - 40
THE WHITE PAPER
TSCA Reform: A Timely and
Eugene M. White, Ph.D., M.S., CMFS
e had been anxiously
waiting for many years. Most of
us knew it would come, but we
had no idea exactly when it would arrive,
and there was much speculation on what
the final draft would look like. And, finally, it's here! The Frank
R. Lautenberg Chemical Safety for the 21st Century Act (revision
of the 1976 Toxic Substances Control Act - TSCA) passed in the
U.S. Senate (the House version virtually unaltered) on the
evening of June 7, 2016, by voice vote (following U.S. House of
Representatives passage of the bill by 403-12 on May 24, 2016).
President Obama signed the bill into law on June 22.
TSCA reform - a most anticipated piece of legislation - was
named after the late Sen. Frank Lautenberg, and required and
received strong bipartisan support. Many D.C. insiders felt
it was not possible to revise TSCA in light of the constancy
of political rancor in the halls of Congress, in addition to the
revision's seemingly circuitous path to completion (a story
unto itself). However, as they say, "never say never," because
TSCA reform has arrived with sleeves rolled up and is ready to
go to work.
You hear a lot about chemical safety in manufacturing articles
and that's a good thing, because we all want to advocate
and implement safety policies for our workers, products
and services. However, let's envision an anonymous safety
officer who taps into the company's database and pulls up
the corporate chemical safety policy and notices that the
document was written and approved in 1976! Forty years old
might be a good age for pricey chardonnay vintages, but it's
rather unpalatable for a national chemical safety policy (with
subtle hints of staleness and obsolescence).
As might be expected, scientific and technical advances
in chemistry and chemical industries will significantly
impact health and safety over four decades, like the
rotary to smartphones
(ever try to dial an app?).
Consequently, the "old"
TSCA had not kept in
step with 21st-century
realities and, thus, I
think you'll agree with
me that the inclusion
of these words into the
title of the "Act" is highly
The 'New' TSCA
For those of you who are interested in reading the entire text
of the Frank R. Lautenberg Chemical Safety for the 21st Century
Act, I refer you to House and Senate Congressional bills H.R.
2576 or S. 697, respectively. You'll note that revisions to TSCA
are quite extensive and, thus, I'll only touch on a few highlights
here. In a nutshell:
* TSCA's Section 6 now has "teeth" to enable the EPA to
propose more rule-making on target chemicals.
* EPA decisions will rely more on science to make decisions about
industrial chemicals (a frequently discussed topic in ILMA
over the years).
* All new and existing chemicals are subject to an EPA review.
* Industry can request the EPA to conduct a safety
assessment of a specific chemical.
* More chemicals are likely to be reviewed, but in a more
* Confidential Business Information (CBI) is protected.
Vol. 66 No. 8 * 40 * August 2016 Compoundings
Table of Contents for the Digital Edition of ILMA Compoundings August 2016
FROM THE CEO
FROM THE PRESIDENT
NOTES FROM NLGI
THE HEART OF ILMA
In Memoriam Mike Ryterski (1920–2016)
Radco Industries Promotes Brian Finch
Manufacturing Day is Coming! October 7, 2016
THE EVOLUTION OF GROUP II
VOICES & VIEWS
FOCUS ON ETHICS
RULES & REGS
LEGAL EASE Preparing for Brexit
THE WHITE PAPER
ILMA Compoundings August 2016