According to Joshua Bloom of the Mayers Nave environmental law practice group, the recent changes in the Toxic Substances Control Act are a “real game changer.” In an interview with Jason Doiy of The Recorder, Bloom discussed the impact of the new TSCA law on chemical regulation in California.
Bloom also stayed that “What the new legislation does is flip the burden.” A chemical can not be sold until the EPA has taken a position on its safety. It is up to chemical producers to provide the data for the EPA’s determination, and it is more difficult to conceal that data with a statement that it is confidential business information. Furthermore, “cost is not a consideration.”
The content and the stimulus for the new TSCA law are both derived to some degree from California law. That state’s “Green Chemistry” rules were in the lead of Federal law both in scope and in stringency. Federal action was necessary to avoid a patchwork of state laws, to protect the public, and to enable chemical makers to operate with some assurance of conforming to the law.
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