Tsca Modernization Act of 2015

Floor Speech

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Mr. LATTA. Mr. Speaker, the House Amendment to the Senate Amendment to H.R. 2576, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, specifies that the Administrator, in selecting among prohibitions and other restrictions for chemical substances that present an unreasonable risk of injury to health or the environment, shall consider an evaluation of alternative substances. In evaluating alterative substances, the Administrator, ``shall consider, to the extent practicable, whether technically and economically feasible alternatives that benefit health or the environment, compared to the use so proposed to be prohibited or restricted, will be reasonably available as a substitute when the proposed prohibition or other restriction takes effect.''

Additionally, the Administrator may grant an exemption from a prohibition or other restriction on a chemical substance if the ``specific condition of use is a critical or essential use for which no technically and economically feasible safer alternative is available, taking into consideration hazard and exposure.''

A technically feasible alternative substance is intended to mean a chemical for which: the technical knowledge, equipment, materials, and other resources available in the marketplace are expected to be sufficient to develop and implement the alternative, and to meet consumer demand after a phase-in period; the product that contains the alternative substance can continue to comply with all applicable legal requirements; the product that contains the alternative substance can continue to comply with all applicable safety standards and regulatory approval or certification requirements applicable to the product; and, the consumer accepts the product as made with the alternative substance.

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