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May 27, 2015

BNA Daily Environment Report Includes B&C Analysis in Article on TSCA Modernization Act

The ACTA Group

The May 27, 2015, Bloomberg BNA Daily Environment Report article “TSCA Modernization Act Introduced in House; Key Republicans, Democrats Back Legislation,” included quotes from the B&C and Acta analysis “TSCA Reform: Detailed Review of Representative Shimkus’ Second Discussion Draft of TSCA Reform Legislation.”

Time remains to address pragmatic implementation concerns in the House’s “almost surgical” TSCA-reform bill as well as the more expansive Senate bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), the law firm Bergeson & Campbell P.C. said in a May 20 analysis of the draft TSCA Modernization Act.

“Both the Senate and House legislation appear to lack a clear outline of how the ambitious goals of the proposals can readily or timely be achieved,” Bergeson & Campbell wrote.

For example, there is no discernible congressional push under the House proposal for the EPA to obtain toxicity and other chemical data it would need to tee up a chemical in commerce for risk evaluation, the law firm wrote.

Much of the time, the focus and rhetoric regarding both bills has been centered on a few issues, the analysis continued.

“While important for legislative triumph (such as compromise on any state preemption provision), will not necessarily address many of the issues we identify here as crucial for future programmatic success,” Bergeson & Campbell wrote.

Using different approaches, both the House and Senate bills allow some state chemical regulations and laws to continue while preempting many future state chemical regulations.