TSCA Reform: Is It Likely This Term?

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Courtesy of Bergeson & Campbell, P.C.

The Toxic Substances Control Act (TSCA) has remained largely unchanged since its enactment in 1976. After years of failed efforts to revise TSCA, and with the help of a motivated Democratic-lead Congress, TSCA legislative reform was off to a brisk start in 2009-2010, during which time over a dozen hearings were convened on how to improve the law. The momentum has slowed considerably since the mid-term elections and, as discussed below, meaningful action this term is far from certain. Some think Congressional inaction is the preferred outcome. Others, however, are increasingly alarmed by the number of state chemical control laws and private-sector retail initiatives that are filling the void. This column reviews the prospects for TSCA reform, and what Congressional inaction may mean for the National Association of Chemical Distributors (NACD) member companies.

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