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Debates over cap-and-trade and greenhouse-gas regulations might get the headlines. But a much quieter discussion about a 34-year-old law could lead to tremendous changes in how chemical makers do business.

The 1976 Toxic Substances Control Act provides the Environmental Protection Agency’s chemical regulatory framework, while allowing manufacturers to keep many of their chemicals secret. Only a few years ago, most industry leaders maintained that TSCA was working fine. But lately, shifts in the political climate have convinced some people that change is inevitable, and they want to ensure their interests are represented.

“On both ends of the spectrum, from the environmental side to the proponents for the industrial side, there is a general agreement that [current law] is not up to snuff,” says Joe Householder, head of the Coalition for Chemical Safety, a business-backed group pushing for TSCA reform.

Manufacturers want to protect their trade secrets for obvious reasons, and say only “confidential business information” is kept from the public. Only a few EPA officials are privy to the details of many chemicals, and they’re not allowed to share that information with state regulators or even with many other officials in their own agency, critics say. In 2005, the EPA’s top expert on flame retardants reportedly said the contents of a retardant she was researching were kept secret even from her. Even some people in the industry who say TSCA works well concede that a growing slice of the public feels they’re being kept in the dark.

“If you’re just patted on the head and told, ‘Have faith, everything’s taken care of, but we just can’t tell you about it,’ you’re not going to have much confidence in the system,” Householder says.

He says some states and localities respond to the lack of confidence by creating their own regulations. Manufacturers who want to sell products across the country could end up with different regulatory hurdles to leap over. The trick to successful reform will be striking a balance between the public’s right to know and protecting confidential business information, he says.

Environmental health science has made tremendous strides since the original TSCA was written, yet chemicals in wide usage at the time were grandfathered in and presumed safe, the Environmental Working Group says. And according to their analysis, industry has made confidentiality claims on nearly two-thirds of the 20,403 chemicals introduced since. They also say enforcement is largely toothless.

“We have to wait until there’s evidence that an everyday chemical exposure is harming human health before the EPA can negotiate a phaseout,” Environmental Working Group senior analyst Sonya Lunder says.

Her organization supported the Kid-Safe Chemicals Act of 2008, which never cleared the committee stage. A similar act expected to be introduced in the new Congress in the next month or two might put the burden of proof on industry to show their chemicals are safe, rather than making regulators prove a chemical is unsafe. Lunder says industry reps realize change is coming, like it or not, and want to stay engaged in the process.

“They’re important people to have at the table, and they want to guide the legislation, obviously, to suit their interests the best,” she says.

In 2006, the American Chemistry Council industry group had a simple message for Congress: “TSCA works.” Now the ACC is one of the loudest voices calling for an update to the law, and lists “10 principles for modernizing TSCA” on its Web site. For example, the council says EPA should prioritize evaluation of chemicals according to factors like the volume of a chemical in commerce and whether it is used in products for children.

Louisiana Chemical Association vice president Greg Bowser says some “tweaks” might be needed to a law that’s been around over 30 years. But mostly, he just wants to make sure his side is consulted if and when any changes are made, especially given a political culture perceived as unfriendly to industry.

“When you look at things like climate change [legislation], look at what EPA wants to do with respect to the Clean Air Act, when you’ve got that kind of an atmosphere, you never know what you’re going to end up with,” he says.

Donny Jenkins is president of the Louisiana Home Builders Association. He says his organization joined Householder’s coalition out of fear that TSCA regulations could lead to overregulation and cost the state jobs. The current political makeup in D.C. fuels that fear, he says.

“It’s just like their health plan,” he says. “They just want to keep driving, driving, driving. Once they get on the bandwagon, they try and drive it through.”

Chemical coalition

Louisiana-based members of the 
Coalition for Chemical Safety, as of Feb. 11:

Louisiana Propane Gas Association

Southland Properties

Louisiana Home Builders Association

Louisiana Grassroots Network

Phoenix Environmental Group

Richard Todd Slavant Construction

Big Vision Media

SOURCE: coalitionforchemsafety.com