Let’s update chemical policy to reflect our times

Chemicals are a fact of life in today’s world. They make most aspects of our lives easier, safer, and better. But the prevalence of chemicals in our daily lives means effective management of these substances is critically essential. The 1976 Toxic Substances Control Act (TSCA) is the regulatory vehicle for federal management of industrial chemicals. That would be the same 1976 when Gerald Ford was president, the first Rocky movie was released, and bell-bottoms were the height of fashion. 

Fashion is not timeless, and neither are regulations. In the intervening 39 years, discoveries have been made, research has been conducted, and the world as it relates to chemicals is vastly different. Consumers have more options than ever and incredible discoveries have changed the way we live our lives.  

{mosads}Our outdated regulatory system has not been able to keep up. Many states, believing our nation’s chemical laws are ineffective, have responded by implementing their own state standards or ad hoc bans on certain chemicals or classes of chemicals. Imagine the difficulty small businesses face while trying to innovate and grow their companies in the face of varied state rules and federal regulations that haven’t been updated in nearly 40 years. Fortunately, Congress has a better than ever opportunity to take action on TSCA to create safer, more effective chemical regulation for our families and a more streamlined process for small businesses.

Today, the patchwork of state regulations brings unintended and potentially dangerous consequences for consumers by removing chemicals that may serve important protective, medical, or safety uses from commerce. When a state chooses to ban a certain chemical or class of chemicals, it is often easier for manufacturers to stop making the products containing them than it is to manage the different regulatory schemes on a state-by-state basis. This has a dramatic effect on the economy at large. Chemical distributors – typically small businesses with an average of 26 employees – no longer distribute the product to downstream end users, downstream manufacturers can’t get it and the chemical manufacturers often stop making it altogether. 

As a result, that chemical is no longer available for use in important consumer and industrial products. End users often face higher prices or inferior products and the smaller businesses throughout the supply chain that depend on it for significant portions of their revenue are simply out of luck. If assessment of a chemical has a reasonable basis in science, halting production might be considered a self-regulating approach. However, states have different requirements and rigorous scientific assessment is unfortunately not the norm. 

The good news is that, after more than a decade of attempts at reform, Congress has an opportunity to modernize chemical management in a way that addresses many of the legal obstacles currently diminishing the Environmental Protection Agency’s ability to regulate chemicals, institutes a commonsense approach to chemical prioritization, and creates a more cohesive federal system of chemical regulations.  

Sens. Tom Udall (D-N.M.) and David Vitter (R-La.) have introduced bipartisan legislation that balances the interests of multiple stakeholders while making significant improvements to chemical management. Rep. John Shimkus (R-Ill.) has also introduced a bipartisan discussion draft that complements the effort in the Senate well. During a time when Washington is too often frozen by partisanship, the proposed legislation in both chambers demonstrates solutions can be found, even on complex issues. 

A strong, credible federal chemical regulatory program is crucial for the American public and for small businesses, including U.S. chemical distributors, their customers, and the hundreds of thousands of direct and indirect workers they represent. Leaders in Congress should be applauded for their work on this issue and urged to reform TSCA as we know it.

Byer is president of the National Association of Chemical Distributors, an association of more than 440 companies that provide products to more than 750,000 end users in industries as diverse and essential as construction, healthcare, electronics, pulp and paper, water treatment, and many others.