WASHINGTON ALERT


AFS Government Affairs Representative—Waterman & Assoc., Washington, D.C. Debate Heats Up Chemicals Law Reform


A proposed bill would give EPA the authority to review new chemicals and new uses of chemicals.


and regulates the introduction of new or existing chemicals. According to environmental and health advocate groups, TSCA is inadequate at protect- ing both people and the environment from toxic chemicals since the thou- sands of new chemicals that have been created since its passage are excluded from its mandates. In the U.S. House of Representa-


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tives, Reps. Henry Waxman (D-Calif.) and Bobby Rush (D-Ill.) introduced a measure, the Toxic Chemicals Safety Act of 2010, which would for the first time provide the U.S. Environmental Protec- tion Agency (EPA) with the authority to restrict and ban unsafe chemicals from use. The legislation would amend TSCA to: • require chemical manufacturers to submit to EPA information on chemi- cal identity, substance characteristics, toxicological properties, hazard, exposure and use;


• mandate EPA to establish a “no-harm” standard, which would require proof of zero risk for many chemicals;


• subject new chemicals and new uses of existing chemicals to a year-long review by EPA;


• establish a prioritization system, requiring a safety standard determination for chemical substances and mix- tures—the initial priority list would consist of 19 chemicals (including bisphenol-A, cer- tain phthalates, lead, mercury and other chemicals);


• expand the list to 300 chemi- cal substances and mixtures within a year of enactment;


• place importers of chemicals and substances under the same requirements as chemi- cal manufacturers. Opponents of the bill argue


it unfairly expands EPA’s scope and could make it harder for


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egislation is pending in both chambers of the U.S. Congress to overhaul the Toxic Sub- stances Control Act (TSCA), which was enacted in 1976


manufacturers, including metalcasters, to compete and innovate. The bill has garnered significant op-


position from the chemical manufactur- ing industry. In testimony before the House Energy and Commerce subcom- mittee, the American Chemistry Council said it believes the legislation “creates additional burdens that do not contrib- ute to and, in fact, detract from making advances in safety, while coming up short with respect to promoting inno- vation and protecting American jobs.” Several chemical companies high-


lighted their opposition, claiming the proposal would have the effect of discouraging the introduction of new chemicals and could put U.S. companies at a disadvantage to foreign competitors. Industry also is concerned about


limiting the ability of manufacturers to protect confidential business infor- mation, saying the bill would likely require EPA to provide standards for, and facilitate the sharing of, chemical identity and safety information with workers and their representatives. Similar legislation is pending in the


U.S. Senate. Additional hearings on TSCA reform are expected this fall.


MC


For a section-by-section summary of the House bill, go to the Energy and Commerce website, energycommerce.house.gov and click on “Legislation” and then “Featured Legislation” on the drop-down menu.


On the Hill


Major OSHA Reform on Horizon The Robert C. Byrd Miner Safety and


Health Act of 2010 (H.R. 5664/S. 3671), which represents the most sweeping changes to the Occupational Safety and Health Act since the 1970s, is advanc- ing through Congress. The bill would significantly increase employer civil and criminal penalties for repeat and/ or willful violations of the original act, strengthen whistleblower protections for employees, require the abatement of haz- ards during the citation contest period, and provide greater rights for victims of accidents and their family members to participate in violation proceedings. The full House of Representatives could vote on the bill this fall.


MC


“Plan B” Issued for Climate Change The Presidential Climate Action


Project (PCAP), a committee of envi- ronmental advocates founded in 2007, recently issued a report with policy recommendations for the Obama Administration to implement in the absence of climate change legislation. The report, Plan B: Near-Term Presidential Actions for Energy & Environmental Leadership, identifies recommendations to strengthen the federal government’s partnership with state and local governments on climate change, including: • work to create a national roadmap for a clean energy economy;


• establish industry-specific green- house gas performance standards;


• incorporate conditions into federal grants and loans that reward state governments with proactive climate change policies;


• reduce subsidies for fossil fuels by altering royalty rates and lease schedules for mineral extraction on federal lands;


• encourage investments in public transportation and transit-oriented development, as well finalizing more aggressive fuel economy and greenhouse gas emission standards for vehicles.


MC


The PCAP report is available at www. climateactionproject.com/plan2010. For further information, contact Steph- anie Salmon, AFS Washington Office, ssalmon@afsinc.org or 202/842-4864.


MODERN CASTING / September 2010


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