New US House Bill Could Change Chemical Safety Rules

A new bill in the US House of Representatives could change how toxic chemicals are handled. Some groups worry this might make it harder to protect people and the environment from harmful substances. The bill is being reviewed.
By Newsroom | Politics, Environment |

A proposed bill in the U.S. House of Representatives, championed by Republican lawmakers, seeks to significantly alter existing legislation designed to protect Americans from toxic chemicals. These proposed changes, outlined in various articles, could reduce the Environmental Protection Agency's (EPA) ability to regulate and ban harmful substances, limit the scientific evidence used in risk assessments, and grant industry a greater role in the review process. Public health advocates, environmental groups, and a broad coalition of organizations are voicing strong opposition, warning of potential increases in exposure to dangerous chemicals and diminished accountability for chemical manufacturers.

Overview of Proposed Legislative Changes

Recent legislative actions in the House of Representatives indicate a concerted effort to modify the Toxic Substances Control Act (TSCA) and related regulations. These proposals are primarily associated with Republican members of the House.

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  • Weakened EPA Authority: The core of the proposed changes involves diminishing the EPA's mandate to ensure new and existing chemicals do not pose health risks. Specifically, the bill may remove the requirement for the EPA to confirm that new chemicals are safe before they enter the market.

  • Altered Scientific Standards: There are indications that the legislation could restrict the types of scientific data the EPA is permitted to consider when evaluating the health and environmental risks of chemicals. This potentially limits the use of studies that demonstrate harm, particularly those conducted by entities like the EPA's Integrated Risk Information System (IRIS), which some industry scientists have historically challenged.

  • Increased Industry Influence: The proposed measures appear to give chemical companies a more significant voice in the chemical review process. This could expedite the approval of new substances, as delays in review might trigger mandatory reporting requirements to industry.

  • Hindered Bans on Toxic Substances: The legislation may create legal barriers, making it more difficult for the EPA to ban chemicals deemed harmful, even when evidence of risk exists.

  • Specific Focus on PFAS: A particular concern is the targeting of "forever chemicals," or per- and polyfluoroalkyl substances (PFAS). Proposals have emerged to block EPA action on PFAS in agricultural fertilizers and to exempt certain PFAS from regulatory review, potentially overriding state-level restrictions.

  • Liability Shield for Manufacturers: A significant aspect of the proposed legislation, particularly Section 453, aims to shield chemical and pesticide companies from lawsuits. This would limit their accountability for harms caused by their products, even if safety information was withheld or harm resulted.

Public Health and Environmental Advocates Mobilize

A diverse array of organizations and individuals are actively campaigning against these proposed legislative changes, citing potential widespread negative consequences.

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  • Broad Coalition Opposition: A broad coalition representing environmental, conservation, public health, and biodiversity interests, alongside farmers, businesses, and medical professionals, has called for Congress to reject legislation that shields chemical companies from liability.

  • Concerns Over Consumer and Worker Safety: Advocates express grave concerns that the proposed bill will "gut protections for consumers, workers, and the environment," potentially leading to increased exposure to toxic substances.

  • Criticism of Targeting PFAS: Efforts to block EPA action on PFAS in farm fertilizers and exempt these chemicals from review are drawing sharp criticism. These "forever chemicals" are known for their persistence in the environment and potential health risks.

  • Undermining Existing Protections: There is a fear that these legislative moves could dismantle existing safety regulations, including those that have helped keep harmful chemicals out of homes and communities under the Lautenberg Act.

  • Challenging Industry Influence: The role of lobbyists and industry scientists in challenging scientific findings from bodies like IRIS is highlighted as a concern, suggesting a potential imbalance in the regulatory process.

Industry Arguments and Historical Context

The push for these legislative changes appears to be supported by industry groups, who have historically sought to influence chemical regulations and assessment processes.

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  • Challenging Scientific Assessments: Industry scientists have, in the past, challenged findings from EPA assessments, such as those conducted by IRIS, by presenting alternative calculations suggesting chemicals are less dangerous.

  • Leveraging Existing Laws: Chemical companies have reportedly used existing federal pesticide laws to argue in court that their products are compliant with registration standards, thus shielding them from litigation, a practice critics aim to further solidify with new legislation.

  • Past Regulatory Rollbacks: The current legislative proposals are seen by some as a continuation of efforts to weaken environmental protections, reminiscent of actions taken in previous administrations to prioritize industry interests.

Examination of Specific Provisions and Their Implications

Several specific aspects of the proposed legislation warrant closer examination due to their potential impact.

  • The "Low Volume Exemption" Loophole: Proposals aim to repeal a recent rule that closed a loophole allowing certain chemicals, including highly toxic PFAS, to be introduced into the market with minimal federal oversight.

  • Mandatory Report for Delays: A provision requiring the EPA administrator to report to industry on delays in approving new chemicals within 90 days could create pressure to accelerate approvals, potentially at the expense of thorough review.

  • Impact on State Regulations: Legislation that overrides state-level bans, such as a potential impact on Minnesota's Amara's Law regarding pesticides, raises questions about the balance of federal and state authority in environmental protection.

Expert Analysis and Concerns

Public health and environmental experts are raising alarms about the long-term ramifications of these proposed changes.

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"The new law would eliminate the EPA mandate to ensure new chemicals won’t harm people." - The Guardian

  • Prioritizing Industry Over Public Health: Critics argue that the legislation appears to prioritize the interests of chemical companies by reducing regulatory burdens and shielding them from liability, potentially at the expense of public health and environmental safety.

  • The Importance of IRIS: The reliance of state environmental efforts on IRIS assessments highlights the significance of these scientific evaluations. Limiting their use or undermining their integrity could have far-reaching consequences for setting environmental standards.

  • Accountability for Harm: The proposed liability shields are a major point of contention, as they could significantly reduce the incentives for companies to ensure their products are safe and to be transparent about potential risks.

Conclusion and Next Steps

The proposed Republican House bill represents a significant potential shift in the regulatory landscape for toxic chemicals in the United States. The legislation aims to streamline the chemical review process and reduce industry oversight, but critics argue these changes will substantially weaken consumer, worker, and environmental protections. The involvement of a broad coalition of diverse organizations underscores the widespread concern regarding these proposals.

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The bill's progression now depends on its passage through the House and subsequent consideration by the Senate. Key areas to monitor include:

  • The specific language and scope of the proposed TSCA revisions.

  • The fate of provisions targeting PFAS and agricultural fertilizers.

  • The inclusion or exclusion of liability shields for chemical manufacturers.

  • The Senate's willingness to modify or strike controversial provisions, as has occurred with similar proposals in the past.

The outcome of these legislative efforts will have profound implications for the nation's approach to chemical safety and the protection of public health and the environment from toxic exposures.

Sources:

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Frequently Asked Questions

Q: What is the main goal of the proposed bill?
The bill aims to change laws about toxic chemicals in the US. Some say it could make it easier for companies and harder for the government to control harmful substances.
Q: Who is concerned about these changes?
Many groups, like those for public health and the environment, are worried. They say it could lead to more people being exposed to dangerous chemicals.
Q: What about chemicals like PFAS?
There are worries that the bill could make it harder to regulate 'forever chemicals' like PFAS, especially in farming.
Q: Will companies be held responsible if their chemicals cause harm?
Some parts of the bill might make it harder to sue companies for harm caused by their products. This is a major concern for many groups.