The chemical spill in Charleston, W.Va. earlier this month contaminated the Elk River and left more than 300,000 residents without access to water. It also raised into question the role of the federal government — especially the EPA — in regulating toxic substances.
Background
The Toxic Substances Control Act of 1976 gives the Environmental Protection Agency the authority to regulate and restrict the use of chemical substances. According to the TSCA, when a company creates a new chemical, the EPA’s New Chemicals program “functions as a “gatekeeper” that can identify conditions, up to and including a ban on production, to be placed on the use of a new chemical before it is entered into commerce.” The EPA has 90 days to review a new chemical and tell the company how it will be regulated.
However, most of the 60,000 chemicals in use prior to 1979 were essentially “grandfathered” in, and are not regulated by the TSCA. “Of about 72,000 substances in EPA’s inventory of TSCA chemicals, 62,000 were already in commerce when EPA began to review new chemicals in 1979. EPA reviewed the remaining 10,000 substances as new chemicals and added them to the inventory when their manufacture began.” (Source: GAO Report, 1994)
Related Bills
Members of Congress have proposed many regulations to revise the TSCA and expand the scope of the EPA. Meanwhile, other Members of Congress are working to reduce the EPA’s regulatory reach, which may jeopardize the nation’s economy and jobs. Weigh in with Congress about the EPA regulations
The Toxic Substances Control Act
- S 696
Safe Chemicals Act
To amend the Toxic Substances Control Act to ensure that risks from chemicals are adequately understood and managed. Authorizes the Administrator of the Environmental Protection Agency (EPA) to determine that a variant of a chemical substance is a new chemical substance.
- S 1009
Chemical Safety Improvement Act
To reauthorize and modernize the Toxic Substances Control Act. “New chemicals entering the market must be screened for safety and the EPA is given the authority to prohibit unsafe chemicals from entering the market,” according to bill sponsors.
- HR 1625
Coal Tar Sealants Reduction Act
To amend the Toxic Substances Control Act to prohibit the manufacture, processing, distribution in commerce, and use of coal tar sealants.
- HR 2093
Lead Exposure Reduction Amendments Act
To amend the Toxic Substances Control Act relating to lead-based paint renovation and remodeling activities. Exclude from the definition of “abatement” any renovation, remodeling, or other activity: (1) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards.
- HR 3590
SHARE Act
To protect and enhance opportunities for recreational hunting, fishing, and shooting. Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of “chemical substance” for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components.
The EPA
- HR 3641
EPA MACT Act
To require that the workforce of the Environmental Protection Agency be reduced by 15 percent.
- HR 2948
Transparency in Regulatory Analysis of Impacts on the Nation Act
To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency.
- HR 2916
Domestic Energy Production Protection Act
To require congressional review of certain rules promulgated by the Environmental Protection Agency.
- S 1466
RELATE with the Farm Act
Directs the Secretary of Agriculture (USDA) to review each notice issued by the Administrator of the Environmental Protection Agency (EPA) and published in the Federal Register relating to the preparation of any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. (And HR 2776 in the House)
- HR 2891
Medical Waste Management Act
To amend the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to promulgate regulations on the management of medical waste.
- HR 2850
EPA Hydraulic Fracturing Study Improvement Act
To require certain procedures in the conduct by the Environmental Protection Agency of its study of the potential impacts of hydraulic fracturing on drinking water resources.
- S 1363
Energy Consumer Relief Act
To protect consumers by prohibiting the Administrator of the Environmental Protection Agency from promulgating as final certain energy-related rules that are estimated to cost more than $1,000,000,000 and will cause significant adverse effects to the economy.
- HR 2127
Carbon Dioxide Emission
To prohibit the Administrator of the Environmental Protection Agency from finalizing any rule imposing any standard of performance for carbon dioxide emissions from any existing or new source that is a fossil fuel-fired electric utility generating unit unless and until carbon capture and storage is found to be technologically and economically feasible.
- S 830
EPA Fair Play Act
Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to remove the authority of the Administrator of the Environmental Protection Agency (EPA) to prohibit the specification of any defined area as a disposal site for discharges of materials into waters of the United States.
- S 558
Accountability in Grants Act
To prohibit the Administrator of the Environmental Protection Agency from awarding any grant, contract, cooperative agreement, or other financial assistance under section 103 of the Clean Air Act for any program, project, or activity outside the United States.
- HR 796
Renewable Fuel
To require the Administrator of the Environmental Protection Agency to use the commercially available volume of cellulosic biofuel in setting requirements for the renewable fuel program under the Clean Air Act.
- HR 524
Disposal Of Fill Material into Water
Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to prohibit the specification of any defined area as a disposal site for the discharge of dredged or fill material into navigable waters, or to deny or restrict the use of any defined area for such a disposal site, only until such time as the Secretary of the Army has issued a permit for such a discharge at such site.
- S 344
Gasoline
To prohibit the Administrator of the Environmental Protection Agency from approving the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol.
- S 318
Environmental Protection Agency Accountability Act
To rescind funds made available to the Administrator of the Environmental Protection Agency if the Administrator fails to meet certain deadlines.
- S 67
Secure Water Facilities Act
To amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to reduce or eliminate the risk of releases of hazardous chemicals from public water systems and wastewater treatment works.
Please keep in mind that highlighting a bill doesn’t imply a POPVOX endorsement in any way. Rather, we’re simply trying to offer one more way to stay informed of an overwhelmingly complex legislative system.
