Press Release  AG Healey Applauds Bipartisan Congressional Effort in Passage of Critical Toxic Chemicals Bill

Boston — Massachusetts Attorney General Maura Healey applauded the bipartisan efforts in Congress to limit unhealthy exposure to toxic chemicals as President Obama signed into law today the Frank R. Lautenberg Chemical Safety for the 21^st Century Act.

“The legislation signed into law today is aimed at reducing the risks posed by toxic chemicals in the products we buy and the materials we are exposed to every day,” AG Healey said. “We will work closely with both EPA and our state agencies in this mission to protect the public from these dangerous toxics. I applaud the bipartisan Congressional effort that resulted in the bill’s passage, and particularly thank Senator Markey for his leadership in working to improve the final bill.”

Adopted in 1976, the Toxic Substances Control Act of 1976 (TSCA) sets federal restrictions on the manufacture and use of chemicals that present an unacceptable risk of harm to public health and the environment. The law allows both state and federal governments to address risks from toxic chemicals, and states have often taken the lead in acting to reduce risks. But because of limitations in the statute, TSCA has largely failed to fulfill its purpose. Only a handful of the registered industrial chemicals in the United States are subject to federal regulation under current law.

In December 2015, the Senate passed S. 697, after the House passed its own bill, H.R. 2576 in June 2015. The final bill, signed into law today by President Obama, reflects a nearly six month process to reconcile the House and Senate versions and secure meaningful reforms of TSCA.

In January 2016, a 12 state coalition led by AG Healey (along with California, Hawaii, Iowa, Maine, Maryland, Oregon, Rhode Island, Vermont, New York, New Hampshire and Washington) sent the Senate Committee on Environment and Public Works a letter urging it to maintain the authority of states and local governments to regulate toxic chemicals in reform legislation.

In May 2015, the coalition sent a letter to the House Committee on Energy and Commerce expressing concerns with preemption provisions in the House bill and advocating for maintaining the existing state-federal partnership to protect the public from toxic chemicals.

The final bill includes provisions that are completely consistent with those recommended by the coalition:

• Once EPA acts on a chemical, the scope of state law preempted is no broader than the scope of EPA’s action;
• states may continue to enforce existing state chemical restrictions;
• states retain their role as co-enforcers of EPA regulations; and
• state laws related to water quality, air quality and waste treatment are not preempted.

AG Healey has consistently advocated against any provisions in the legislation that would strip states of their power to regulate toxic chemicals and enforce needed protections against toxic exposures. AG Healey and the multi-state coalition urged Congress to pass legislation that would allow states to continue to work with the federal government to protect against the risks associated with toxic chemicals.

The members of the coalition remain committed to preserving the authority of states and local governments to play a critical role in reducing chemical risks that EPA has not addressed.

Assistant Attorney General Andrew Goldberg of AG Healey’s Environmental Protection Division handled the matter for the Commonwealth of Massachusetts.

###