MODERNIZE THE FEDERAL TOXIC SUBSTANCE CONTROL ACT OF 1976

WHEREAS, children and pregnant women are uniquely vulnerable to the health threats of toxic chemicals, and early life chemical exposures have been linked to chronic disease later in life;

WHEREAS, a growing body of peer-reviewed scientific evidence links exposure to toxic chemicals to many diseases and health conditions that are rising in incidence, including childhood cancers, prostate cancer, breast cancer, learning and developmental disabilities, infertility, and obesity;

WHEREAS, the President’s Cancer Panel report released in May 2010, states, “The true burden of environmentally-induced cancers has been grossly underestimated,” and the panel advised President Barack Obama “to use the power of your office to remove the carcinogens and other toxins from our food, water, and air that needlessly increase health care cost, cripple our nation’s productivity, and devastate American lives”;

WHEREAS, workers in a range of industries are exposed to toxic chemicals which pose threats to their health, increasing worker absenteeism, workers’ compensation claims, and health care costs that burden the economy;

WHEREAS, a recent national poll found that 78 percent of American voters were seriously concerned about the threat to children’s health from exposure to toxic chemicals in day-to-day life;

WHEREAS, states bear an undue burden from toxic chemicals, including health care costs and environmental damages, disadvantaging businesses that lack information on chemicals in their supply chain, and increasing demands for state regulation;

WHEREAS, the Federal Toxic Substances Control Act of 1976 (TSCA;15 U.S.C Sec. 2601 et seq.), the primary governing federal statute, was intended to authorize the United States Environmental Protection Agency (EPA) to protect public health and the environment from toxic chemicals;

WHEREAS, TSCA has been recognized as having challenges that prevent the EPA from taking quick and effective regulatory action to protect the public against chemical threats;

WHEREAS, in January 2009, the United States General Accountability Office (GAO) added the EPA’s regulatory program for assessing and controlling toxic chemicals to its list of “high risk” government programs that may have some deficiencies;

WHEREAS, the National Conference of State Legislatures unanimously adopted a resolution in July 2009, that articulated principles for the reform of TSCA and called on the United States Congress to update the law;

WHEREAS, in August 2010, the Environmental Council of the States (ECOS), the national association of state environmental agency directors, unanimously adopted a resolution entitled “Reforming the Toxic Substance Control Act,” which endorsed specific policy reforms including making certain the EPA has adequate authority to ensure existing new chemicals are safe;

WHEREAS, ten states have come together to launch the Interstate Chemicals Clearinghouse (IC2) to coordinate state chemical information management programs, and a coalition of thirteen states issued guiding principles for TSCA reform;

WHEREAS, seventy-one state laws on chemical safety have been enacted and signed into law in eighteen states with broad bi-partisan support over the last eight years;

WHEREAS, the State of California’s policy leadership regarding chemical management is outstanding and warrants close examination by the National Black Caucus of State Legislators and its members;

WHEREAS, the TSCA Modernization effort presents a rare opportunity to bolster sustainable innovation within the chemical sciences industry to create jobs and eliminate the toxicity of older, more harmful substances; and

WHEREAS, legislation to substantially reform TSCA was introduced during the 109th Congress in 2005, the 110th Congress in 2008, and again in the 111th Congress in 2010.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) urges the President of the United States and the 112th United States Congress to enact federal legislation to modernize the Federal Toxic Substances Control Act of 1976 by strengthening chemical management through policy reforms that would encourage the following:

1. producers and importers to perform comprehensive toxicity testing on their products and to fully disclose the results of their testing;
2. producers and importers to disclose the identities of chemicals in their products;
3. the authorization of the EPA to require a safer alternatives assessment for any chemical it identifies as a “Priority Chemical,” such as Persistent Bioaccumulative Toxins (PBTs), and other priority toxic chemicals, to which there is already widespread exposure;
4. preservation of the authority of state and tribal governments to operate chemical management programs that are more protective than the programs established by the federal government, and resources to be provided for state-level implementation;
5. establishment of health safety standards for chemicals that rely on the best available science to protect the most vulnerable, including children and the developing fetus;
6. expansion of the EPA’s authority to test, assess, regulate, take expedited action, and impose interim conditions in evaluating the impact of chemicals on our environment;
7. enhancement of timely state/federal consultation and coordination in areas of particular concern to the states, including the development and implementation of Hot Spot action plans, prioritization of the most severely impacted communities, and provision of funding to state and local governments to conduct chemicals management technical assistance; and
8. facilitation of the development of a trained workforce to strengthen and enhance sustainable chemistry research, development, and adoption while stimulating innovation, business, and job creation; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

SPONSOR: Representative Brenda Gilmore (TN)
Committee of Jurisdiction: Energy, Transportation, and Environment Policy Committee
Certified by Committee Chair: Representative Bill Crawford (IN)
Ratified in Plenary Session: Ratification Date is December 9, 2011
Ratification is certified by: Representative Barbara W. Ballard (KS), President