Representatives of the American Chemistry Council were pleased to present a resolution in support of modernizing the federal Toxic Substances Control Act (TSCA) at this year’s States & Nation Policy Summit hosted by the American Legislative Exchange Council (ALEC).
ACC originally drafted the TSCA resolution in response to mounting NGO resolutions containing unfounded health allegations and misinformation about regulatory oversight. The ALEC Energy, Environment & Agriculture Committee approved ACC’s resolution on December 2nd.
Legislators from 49 states and the District of Columbia attended the conference, collectively seeking “free-market solutions to creating jobs, improving education and jump-starting the American economy.” An ill-conceived chemical regulatory system, for example, would undermine America’s ability to develop and produce transformational technologies made possible by chemistry, putting the jobs of today and tomorrow at risk.
It’s important to get this right so that chemistry is, and continues to be, the source of innovations enabling clean energy, improved infrastructure, efficient transportation, medical advancements and a strong national defense.
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A RESOLUTION in support of modernizing the federal Toxic Substances Control Act of 1976.
WHEREAS, American consumers deserve to have confidence that the products they buy, when used for their intended purposes, are safe; and
WHEREAS, a federal chemical management program should place protecting the public health – including children’s health — as its highest priority, and should include strict government oversight; and
WHEREAS, the federal chemical management program should preserve America’s role as the world’s leading innovator and employer in the manufacture, processing, distribution in commerce and use of chemicals; and
WHEREAS, the current chemical management law, the Toxic Substance Control Act (TSCA) was signed into law in 1976, and is now nearly 35 years old; and
WHEREAS, since the enactment of the law, our ability to understand the impact chemicals have on the human body and the environment has advanced significantly; and
WHEREAS, those advancements in science and technology need to be integrated into the federal chemical management program; and
WHEREAS, momentum for modernization of the federal chemical regulatory system is growing in Congress; and
WHEREAS, a robust federal chemical management system will obviate the need for state governments to adopt different – at times conflicting – state regulatory programs that have the potential for negative impacts on the national economy.
Be it resolved by the House of Representatives of the General Assembly of _________,
Section 1. The __________ General Assembly encourages the 112th Congress of the United States to enact federal legislation to modernize the Toxic Substances Control Act of 1976. Amendments to TSCA should strengthen chemicals management to:
(a) Ensure that chemicals are safe for their intended use;
(b) Require EPA to systematically prioritize chemicals for the purpose of assessing their safe use;
(c) Require that EPA act expeditiously and efficiently in assessing the safe use of chemicals;
(d) Require companies that manufacture, import, process, distribute, or use chemicals to provide EPA with relevant information to the extent necessary for EPA to make safe use determinations;
(e) Assure that the potential risks to children from exposures to chemicals are considered in the assessment of safe use;
(f) Empower EPA to impose a range of risk management controls to ensure that chemicals are safe for their intended use;
(g) Encourage companies and EPA to work together to enhance public access to chemical health and safety information;
(h) Require that EPA rely on scientifically valid data and information, regardless of its source, including data and information reflecting modern advances in science and technology;
(i) Enable EPA to have the staff, resources, and regulatory tools it needs to ensure the safety of chemicals; and
(j) Ensure that TSCA remains a vehicle to promote and encourage technological innovation, and the maintenance of a globally competitive industry in the United States.
Section 2. The ________________General Assembly hereby directs that copies of this resolution be sent to all the members of the ___________ congressional delegation.