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Senate Committee Passes Amended TSCA Reform Bill, S. 697

On April 28, 2015, the Senate Environment and Public Works Committee passed an amended version of the bipartisan bill S. 697, the “Frank R. Lautenberg Chemical Safety for the 21st Act.”  The amended bill passed out of Committee with an ample majority, by a vote of 15-5.  Several additional Democrats crossed over to support passage, with the parties having reached compromises on the following key issues:

  • Preemption – the amendment limits preemption of state laws and allows co-enforcement of Federal requirements by states;
  • Deadlines – the amendment clarifies the deadlines for implementing risk management measures;
  • Existing Science – under the amendment, EPA must consider hazard and exposure information published by other Federal agencies or the National Academies;
  • Low Priority Designations – the amendment provides the public an opportunity to comment on and challenge low priority chemical designations; and
  • PBTs – under the amendment, EPA must specifically consider PBTs, and give preference to TSCA Work Plan Chemicals that are persistent and bioaccumulative, when prioritizing chemical substances for review.

For more information on these bills or any TSCA reform issues or initiatives, please contact: Thomas C. Berger ((317)805-4770; berger@khlaw.com).