Panel backs Udall toxic chemical bill
Bipartisan measure would overhaul 40-year-old law
WASHINGTON — Sen. Tom Udall’s attempt to overhaul the nation’s chemical regulations got a big boost Tuesday when the Senate Environment and Public Works Committee voted 15-5 to advance the legislation after several Senate Democrats successfully pushed for changes to the bill.
The legislation, which aims to overhaul the 40-year- old Toxic Substances Control Act, would require the Environmental Protection Agency to make its assessments about chemical safety based only on measures of risk to public health and the environment. The bill also would scrap the existing law’s “least burdensome” requirement for regulating
a chemical, which has long prevented a ban on asbestos. It also would hike fines from $25,000 to $37,500 per violation on chemical companies that break the law.
On Monday evening, Udall and Sen. David Vitter of Louisiana, the bill’s primary Republican co-sponsor, agreed to several compromises pushed by Democratic Sens. Sheldon Whitehouse of Rhode Island, Jeff Merkley of Oregon and Cory Booker of New Jersey.
The three Democratic lawmakers were concerned about provisions that would allow the EPA to pre-empt state chemical regulation and state enforcement of the proposed federal law. The now-amended bi l l would give states authority to regulate a chemical if EPA missed required deadlines. The agreement also would ensure that states would get waivers to act on chemicals while the EPA is evaluating them for safety, and would clarify that states may co-enforce the law, with the condition that penalties may not be collected from both the state and the federal government for the same violation.
“I want to thank all of the members of the committee for their thoughtful consideration of our legislation to finally overhaul the failed 1976 Toxic Substances Control Act,” Udall said in a statement after Tuesday’s committee vote, adding that the bill now contains “key protections for consumers and to give states greater power to restrict chemicals and enforce laws.”
The legislation now goes to the Senate floor.
“Our bill has significant bipartisan support, and momentum continues to grow because the American people want a law that protects them and their families from chemicals like asbestos, BPA, formaldehyde, styrene, and so many other hazardous substances,” Udall said.
Some critics of the bill seemed to sof ten their opposition Tuesday. Daniel Rosenberg, senior attorney in the health program at the Natural Resources Defense Council, said last month that the bill contained “rollbacks and loopholes that make it worse than current law.” But after Tuesday’s vote, he called the altered bill and committee vote “an important step forward. “
“NRDC will continue to work to improve the bill as it moves through the legislative process, including by eliminating the remaining rollbacks from current law, increasing public health protections, and further ensuring that no EPA could use the bill to weaken chemical safety,” Rosenberg said. “The committee today unfortunately rejected several amendments that would have addressed many of these concerns.”