TOXIC SUBSTANCE CONTROL REFORM Toxic Substance Control Reform Receives Bipartisan Support Toxic Substance Control Act (TSCA) The Toxic Substances Control Act of 1976 was enacted to regulate the production, importation, use and disposal of chemical substances that present a serious risk to people or the environment The Environmental Protection Agency (EPA) is given the power to impose testing, reporting, and recordkeeping requirements for the substances covered by the law The act is widely considered ineffective, is implemented inconsistently and has not been amended since 1976; efforts to enhance regulation have received bipartisan support April 5, 2016 | Owen Minott Jr. Sources: Michael Wilson and Megan Schwarzman, “Toward a New U.S. Chemicals Policy: Rebuilding the Foundation to Advance New Science, Green Chemistry, and Environmental Health,” Environmental Health Perspectives, February 9, Creative Stall, PK, The Noun Project; Liza Magley, Thomas Smith, and Richard Weber, “Toxic Tort and Environmental Litigation: TSCA Reform: Current Status - Will TSCA’s Fortieth Anniversary Mark its First-Ever Reform?” JD Supra Business Advisor, March 16, 2016; “Toxic Tort and Environmental Litigation: House of Representatives Approves TSCA Reform Bill in Near-Unanimous Vote,” Bond, Schoeneck & King Attorneys, June, Why the TSCA is Ineffective Data gap Safety gap Technology gap Insufficient regulation of toxic substances 1.Data gap: producers are not required to investigate and disclose sufficient information on chemicals' hazard traits 2. Safety gap: the federal government lacks the legal tools it needs to efficiently identify, prioritize, and take action to mitigate the potential health and environmental effects of hazardous chemicals 3.Technology gap: industry and government have invested only marginally in green chemistry research, development, and education

House and Senate Passed Differing TCSA Reform Bills Substance of the TCSA Reform Bills April 5, 2016 | Owen Minott Jr. Sources: Liza Magley, Thomas Smith, and Richard Weber, “Toxic Tort and Environmental Litigation: TSCA Reform: Current Status - Will TSCA’s Fortieth Anniversary Mark its First-Ever Reform?” JD Supra Business Advisor, March 16, 2016; “Toxic Tort and Environmental Litigation: House of Representatives Approves TSCA Reform Bill in Near- Unanimous Vote,” Bond, Schoeneck & King Attorneys, June, 2015; Environmental Protection Agency; United States House of Representatives; United States Senate. Differences Between the House and Senate Bills: 1.Preemption provisions: in the House version, preemption would occur once the EPA has made a final determination regarding a chemical’s riskiness, whereas under the Senate bill preemption would begin as soon as the EPA has begun to test a chemical’s riskiness. 2.Safety screening: H.R would maintain the status quo by permitting new chemicals to enter the marketplace as long as the EPA does not determine them unreasonably risky within a ninety-day waiting period, while S. 697 would forbid new chemicals from entering the marketplace until the EPA has determined them safe. How Congress Plans to Enhance TSCA Regulation: 1.The bill repeals the previous EPA standard to apply the least burdensome means of protecting against risk from chemicals. 2.The EPA must to develop of new information about a chemical by establishing a risk-based screening process. 3.The EPA must designate a certain number of existing chemicals as high- or low-priority for safety assessments. 4.If a chemical does not meet the safety standard, the EPA must impose restrictions to assure that it meets the standard, or ban or phase out the chemical. 5.Confidential business information claims to protect information related to chemicals must be substantiated by manufacturers or processors and reviewed by the EPA. 6.Establishes a Sustainable Chemistry Program to coordinate federal sustainable chemistry research and development. vs. TOXIC SUBSTANCE CONTROL REFORM

Toxic Substance Control Bill Has Passed the House and Senate Status of the Bill April 5, 2016 | Owen Minott Jr. Both the House and Senate have passed different versions of the legislation (S 697 and HR 2576) The bill is in a conference committee to resolve the differences between the two versions of the bill The Next Steps: If the conference committee is able to agree upon a version of the bill, both the House and Senate must pass the new version of the bill before sending it to the President to sign. Sources: Liza Magley, Thomas Smith, and Richard Weber, “Toxic Tort and Environmental Litigation: TSCA Reform: Current Status - Will TSCA’s Fortieth Anniversary Mark its First-Ever Reform?” JD Supra Business Advisor, March 16, 2016; “Toxic Tort and Environmental Litigation: House of Representatives Approves TSCA Reform Bill in Near- Unanimous Vote,” Bond, Schoeneck & King Attorneys, June, ? TOXIC SUBSTANCE CONTROL REFORM