Document nk4x5vvQr60g96DqKeveyM8qR
SYNTHETIC ORGANIC CHEMICAL MANUFACTURERS ASSOCIATION . TOTS CENTRAL PARK AVENUE. SCARSDALE, N.Y. 10583 (914) 725-H92
July 6, 1973
TO: ENVIRONMENTAL BOARD OF GOVEB
Gentlemen:
It6 version of the Toxic Substances Control Act (S. 426) and the House Interstate and Foreign Commerce Committee's June 29th Report on Its bill (H.R. 5356) together vlth a memorandum discussing the key provisions of these bills.
Tlje^House bill, as reported. Is a touch piece nf laninlnHnn- and would add
And the full House Committee did modify the bill to reflect concerns expressed about the Subcommittee's Intent In Including mixtures In the legislation and, in part, the relationship of this bill to other environmental legislation.
The focus of the Senate bill's testing requirements has been sharpened some
what to chemicals which have the potential forenvirbnmental Harm. Howevgr~the
Senate bill still has sweeping requirements tor premarket screening. Of particular
concern Is the pi-rviHc-lnn fnr up to 180-day premarket screening period for chemicals
for Which- there has bpen tin fjndinp of potential danger and no requirement for
testing. During this period EPA7~without public hearing or comment, can Impose
binding restrictions on the use of new chemicals or new uses on the basis of an
absence of data.
',
There Is even a substantial question as to whether such decisions are subject
to judicial review. The Senate bill also has shortcomings with respect to avoiding
duplication with other laws.
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SOCMA has proposed amendments to a Manufacturing Chemists Association Task
Force (1) for dealing with the problems of-EPA's authority to restrict chemicals
In the absence of data or at least (2) to ensure: judicial review of such actions
and (3) for strengthening the provision against duplication of other environmental
laws. The MCA group is reviewing the possibilities for action. It is also
assessing the need for action to defend the House bill against floor attempts
to eliminate carefully considered measures"to minimize unnecessary testing and
regulation. .
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He will keep you Informed of developments.
Sincerely,
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