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CRS INSIGHT


Congressional Efforts to Amend Title I of the Toxic

Substances Control Act (TSCA)

March 30, 2016 (IN10430)




Related Author


     pJerry H. Yen




Jerry H. Yen, Analyst in Environmental Policy (jven aioc'Q , 7-9113)

In 2015, the House and the Senate both passed legislation that would amend Title I of the Toxic Substances Control Act
(TSCA; 1-U S C 2601-2629). Enacted in 1976, Title I of TSCA is the principal federal statute that applies to the
regulation of the lifecycle of commercial chemicals from their manufacture (defined to include importation) to disposal
if elements of the lifecycle are found to present unreasonable risks. Selected differences between the House and the
Senate legislation are discussed below.

On June 23, 2015, the House passed H R 2576, the TSCA Modernization Act of 2015. Prior to passage in the House,
the House Committee on Energy and Commerce reported HR 2576; the report is HRept 114-176. On December 17,
2015, the Senate passed a substitute amendment (S Amdjt 2932) to HR2576. The Senate substitute amendment was
based on S 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and includes additional provisions
that would amend the Mercury Export Ban Act of 2008 (P L 110-414) and add a section to the Public Health Service
Act (42JULS-C-Chzatr 6A) regarding potential cancer clusters. The Senate Committee on Environment and Public
Works reported S 6-97; the report is SRepj 14-67.

Under Title I of TSCA, the Environmental Protection Agency (EPA) is authorized to identify risks from commercial
chemical substances and mixtures and regulate those that present unreasonable risks to human health and the
environment. For more background information on TSCA, see CRS Report RL31905, The Toxic Substances Control
Act (   A - A Summary of the Act andIts Maor Requirement, by Jerry H. Yen.

Among the various issues regarding the federal role in regulating chemical substances and mixtures under Title I of
TSCA, the following topics are among the more debated:

    the prioritization of chemical substances and mixtures for the evaluation of risks,
    the regulatory threshold criteria under which EPA would be authorized to restrict a chemical substance or
      mixture,
    the regulatory options available to EPA in restricting a chemical substance or mixture found to warrant regulation,
    the authority of EPA to require the development of new information regarding a chemical substance or mixture,
    the preemption of state laws concerning the regulation of chemical substances and mixtures,

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