Regulation of Existing Chemicals and the Role of Pre-Emption Under Sections 6 and 18 of the Toxic Substances Control Act, Hearing Before the U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Environment and the Economy, One Hundred Thirteenth Congress, First Session, September 18, 2013   [open pdf - 10MB]

This is the September 18, 2013 hearing on "Regulation of Existing Chemicals" head before the Committee on Energy and Commerce. From the opening statement of John Shimkus: "Today's hearing continues the subcommittee's examination of the Toxic Substances Control Act [TSCA], including statutory provisions, regulatory implementation, and practical outcomes. On June 13, our subcommittee held a hearing on the history and impact of Title I of TSCA. On July 11, the subcommittee explored regulation of chemicals before they enter commerce, under TSCA section 5, and protection of sensitive business information, under TSCA section 14. I believe these hearings have helped us understand a law as complex as it is broad. Our focus now is on regulation of chemicals once they are in commerce, under TSCA section 6, and the role of federal pre-emption, under TSCA section 18. These two sections of TSCA have been subject to a great deal of discussion. Notwithstanding the testimony of three of our witnesses at the July 11 hearing that TSCA section 5 is doing a fine job reviewing and, if necessary, limiting the use of new chemicals, some argue that TSCA is broken because TSCA section 6 has not produced more bans or other limits on chemicals. Others, including some on our panel today, suggest that concern is overstated." Statements, letters, and materials submitted for the record include those of the following: John Shimkus, Fred Upton, Mark A. Greenwood, Justin Johnson, William K. Rawson, Jennifer Thomas, Lemuel M. Srolovic, and Linda Reinstein.

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