Chemical Regulation

Issue

Should the Legislature create a state system to regulate the use of chemicals in products? Should Minnesota adopt environmental health risk regulations before there is scientific justification?

Policy

• Under the 1976 Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency (EPA) is charged with assessing and approving the use of chemicals in products sold in the United States. Because Minnesota businesses participate in national and global markets, it is appropriate that chemical products are regulated at the federal level, not through individual state legislation or regulations that may result in contradictory or confusing requirements.

• The Minnesota Chamber supports congressional review of TSCA, including consideration of amendments that may provide for more effective implementation and sound science-based decisions. In the 2010 Congress, S 3209 and HR 5820 were introduced as a first step toward determining what changes, if any, are necessary to TSCA.

• The Minnesota Chamber does not support state legislation to ban specific products or to create a state regulatory system that would be duplicative of regulatory policies of EPA under TSCA.

• The Minnesota Chamber participated in Phase One of a collaborative dialogue facilitated by the Environmental Initiative (EI) that includes nonprofit, industry, academic science and public representatives convened to develop consensus recommendations on an appropriate chemical regulation policy for Minnesota. The Chamber supports continuation of this dialogue and will review and comment on the recommendations that result from this stakeholder process. There is no need for the Legislature to consider new legislation on chemical regulation.

• Public policy on environmental health risks must be based on scientific data that have been subjected to peer review and generally accepted in the scientific community. This standard was adopted by the Legislature in 2001 and must not be compromised. No new legislation is necessary.

Business Impact

Regulating various substances or materials suspected of being health risks without credible scientific data and consistent criteria for the application of standards adversely affects Minnesota industry and commerce. In the past, inconsistent standards and procedures in environmental assessments have delayed projects and increased costs.