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.
No Protection for Most Vulnerable
No requirement to consider risks to children, pregnant women, the elderly who are at elevated risk.
Explicit Protections for Vulnerable Populations
Expressly requires the protection of those most susceptible to harm from chemicals.
Chemicals Presumed Innocent
No requirement to review the safety of existing chemicals.
Mandate to Review All Chemicals
Explicitly requires safety reviews for all chemicals currently in use.
New Chemicals Lack Adequate Safety Check
New chemicals are allowed onto market without affirmative EPA safety decision.
Safety Finding for New Chemicals Before Use
New chemicals can enter the market only after an affirmative safety finding by EPA.
Weak Testing Powers
Testing requires multiyear rulemaking. EPA must first show potential risk or high exposure, a Catch-22.
New, Efficient Testing Authority
EPA can simply issue an order to require testing. Catch-22 is eliminated.
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.
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.
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.
Strong new limits on what can be claimed confidential. EPA must review most claims. States, medical professionals can gain access to confidential information.
Chemical Secrets are Indefinite
Claims currently have NO time limits, and remain in place unless the EPA challenges them.
Time Limits and Justification for Trade Secrets
Claims must be fully justified, and will expire after 10 years if they're not re-substantiated.
How you can help
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