On Tuesday, May 24, compromise legislation to reform the Toxic
Substances Control Act overwhelmingly passed the House of
Representatives. Last week, the House and Senate announced the
compromise legislation with the goal of reaching the
President's desk for signature before the Memorial Day
recess. That goal now appears to be in reach, with the White
House already signaling plans to approve the legislation by calling
it a "clear improvement" and a "historic
advancement" for chemical safety.
The final bill will significantly boost the Environmental
Protection Agency's authority to regulate new and
existing chemicals in commerce by allowing the Agency to
regulate chemical substances based on a determination of whether
the substance presents an unreasonable risk, without any
consideration of costs. Instead, EPA is only required to
consider costs in developing the approach to regulation after
deciding a substance should be regulated. The bill also: