TSCA 2.0: A New Era in Chemical Risk Management

A rare feat of bipartisan cooperation came to fruition on 22 June 2016 when President Barack Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (HR 2576). Named for the late Senator Lautenberg (D–NJ), a lead sponsor of earlier bipartisan legislation on which the final law was based, HR 2576 reformed the Toxic Substances Control Act (TSCA), which is the major federal law regulating the safety of industrial and consumer chemicals in the United States.

Early indicators suggest the new law will more effectively protect people—including vulnerable populations such as children and pregnant women—than the old law it replaces. But stakeholders are watching closely to see if the changes really do live up to their promise.

TSCA was passed in 1976 with the intent of giving the EPA broad powers to protect the public and the environment from potentially dangerous industrial chemicals in U.S. commerce. Importantly, TSCA’s purview did not extend to certain types or uses of chemicals that were already regulated by other laws. Pesticides, for instance, were regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, while food additives, pharmaceuticals, and certain personal care products were regulated by the Federal Food, Drug, and Cosmetic Act.

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