How the Lautenberg Act Fixes TSCA Problems

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Problems with Current Law

Paralyzing Regulatory Hurdle

Requires onerous cost-benefit analysis that has left dangerous chemicals unregulated.

The Lautenberg Act Fix

Health-Only Safety Standard

Prohibits EPA from considering costs when determining safety.

Problem:

No Protection for Most Vulnerable

No requirement to consider risks to children, pregnant women, the elderly who are at elevated risk.

Fix:

Explicit Protections for Vulnerable Populations

Expressly requires the protection of those most susceptible to harm from chemicals.

Problem:

Chemicals Presumed Innocent

No requirement to review the safety of existing chemicals.

Fix:

Mandate to Review All Chemicals

Explicitly requires safety reviews for all chemicals currently in use.

Problem:

New Chemicals Lack Adequate Safety Check

New chemicals are allowed onto market without affirmative EPA safety decision.

Fix:

Safety Finding for New Chemicals Before Use

New chemicals can enter the market only after an affirmative safety finding by EPA.

Problem:

Weak Testing Powers

Testing requires multiyear rulemaking. EPA must first show potential risk or high exposure, a Catch-22.

Fix:

New, Efficient Testing Authority

EPA can simply issue an order to require testing. Catch-22 is eliminated.

Problem:

Insufficient Funding

EPA can’t support a strong program. Fees are limited to new chemicals and are capped at $2,500/company. Fees go to the general treasury, not to helping offset EPA’s costs.

Fix:

A New, Dedicated Funding Stream

Fees for new and existing chemicals. Fees go directly to EPA. Fees used to offset costs for all parts of the program.

Problem:

Excessive Trade Secret Claims

Companies can claim virtually any information confidential. EPA rarely reviews claims. EPA cannot share it with the public, states, or first responders.

Fix:

Unprecedented Transparency

Strong new limits on what can be claimed confidential. EPA must review most claims. States, medical professionals can gain access to confidential information.

Problem:

Chemical Secrets are Indefinite

Claims currently have NO time limits, and remain in place unless the EPA challenges them.

Fix:

Time Limits and Justification for Trade Secrets

Claims must be fully justified, and will expire after 10 years if they're not re-substantiated.

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How you can help

Please help us pass the best chance to fix our broken chemical safety system.

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