INSIGHT: Congress to try for a “US Reach” bill

21 December 2006 16:10  [Source: ICIS news]

By Joe Kamalick

 

WASHINGTON (ICIS news)--Final passage by the European Union (EU) of its massive chemicals regulation programme, Reach, will almost certainly be reflected in environmental legislation when the new Democrat-controlled US Congress convenes in January.

 

US environmental activists and global warming advocates among the Democratic leadership in Congress want a US version of the EU’s registration, evaluation and authorisation of chemicals (Reach) programme, and they are expected to push hard for it.

 

Rick Hind, legislative director for the Greenpeace US toxics campaign, contends that the EU adoption of Reach “has put the US in the back seat in terms of chemical safety regulations.”  The new Democrat majority in Congress will seek to remedy that, he said.

 

Introduction of a “US Reach” bill that would emulate the wide-ranging EU program is virtually certain.  New Jersey Senator Frank Lautenberg (Democrat) is expected to move such a bill soon in the new year.

 

However, National Petrochemical and Refiners Association president Bob Slaughter thinks there is little real prospect of something so far-reaching as Reach getting passed by the House and Senate.

 

“A US Reach bill likely will get introduced,” Slaughter said.  In fact, his association has been anticipating it for a long time.

 

The likelihood of a US congressional effort toward a Reach-like measure “is one of the reasons why we tried, with friends in Europe, to work on the enactment process in Europe,” said Slaughter, “because we knew that eventually Reach would have some impact on the US legislative and regulatory environment.”

 

Still, Slaughter does not think the measure will get much traction on Capitol Hill.  “I’d say it would be difficult to go as far as Reach in the US Congress,” he said, “but the issue will get some attention.”

 

American Chemistry Council president Jack Gerard thinks the negative economic impact of Reach that will become apparent in Europe will help cool US congressional interest.  “In light of what the EU has done to themselves with Reach,” he said, “I don’t think it will be seen as a model for the US.”  That doesn’t mean a US Reach bill won’t be pursued, however. 

 

Even if such a measure is introduced, said Gerard, “I’m confident that nothing of the magnitude of Reach could pass in the coming session of Congress -- but that doesn’t mean they won’t try.”

 

Democrats and Republican supporters of global warming are thought to be more likely of success in the 110th Congress with an effort to revise and expand the Toxic Substances Control Act (TSCA) to make it more like Reach. 

 

First enacted in 1976, TSCA has been broadened with new legislation in 1986, 1988, 1990 and 1992.

 

Like Reach, TSCA regulates the introduction of new chemical products, although unlike Reach it grandfathered in most chemicals already in use when the law was passed in ’76. Another major difference is that TSCA takes a risk-based approach to regulation while Reach stands as the most significant codification of the precautionary principle.

 

It is that very distinction that may well be at the centre of a TSCA revision bill in the 110th Congress. 

 

Greenpeace’s Hind said that TSCA will be a focus of the Democrat leadership in Congress.  “TSCA is so broken that there is a question of whether it can ever be fixed,” Hind said, calling it “the most industry-friendly law on the books.”

 

“The EU Reach is an excellent prototype for 21st century chemicals regulation,” he said.  “I say that with the full knowledge that Reach is far from perfect.  Reach is weaker than it should have been.  And while we are not endorsing Reach for that reason, even a weak Reach is better than existing law.”

 

Like Reach, said Hind, US chemicals regulation should be based on the precautionary principle.  “You don’t experiment on the public health until you’re confident that some chemical is safe,” he said.  “The risk-based approach just makes no sense,” he added, saying: “Just substitute the word ‘gamble’ for ‘risk’ in risk-based and you have the true meaning of that approach.”

 

It may be difficult for any controversial legislation to make serious headway in the 110th Congress that convenes in January.  Although Democrats won control of both the House and Senate in the 7 November elections, their hold on both chambers is very narrow - especially in the Senate where they have a one vote margin in the 100-seat body.

 

Under an arcane Senate rule known as the filibuster a super-majority of 60 votes is needed to ensure passage of any controversial legislation - and a US Reach bill or Reach-like amendments to TSCA most assuredly would qualify as controversy.

By: Joe Kamalick
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