Analysis of POPs treaty implementing provisions in Senate and House TSCA reform bills

The report evaluates two proposed reforms to the Toxic Substances Control Act (TSCA) regarding their ability to enable U.S. ratification of three international chemicals treaties. It finds the Lautenberg bill more effective in providing the comprehensive prohibitions required for ratification, while the Rush-Waxman draft contains delays and gaps that could hinder compliance. Both bills are criticized for failing to provide sufficient authority for the EPA to lead internationally on the elimination of persistent, bioaccumulative, and toxic (PBT) chemicals beyond the minimum treaty requirements.

• The Lautenberg bill is better suited for treaty ratification because it prohibits the manufacture, processing, use, and distribution of any chemical inconsistent with the 'applicable obligations' of the three treaties, covering all original POPs without needing to name them individually.
• Both the Lautenberg bill and the Rush-Waxman draft address the TSCA section 12(a) export loophole by expanding the definition of 'distribute in commerce' to include exports, which is essential for complying with the Stockholm Convention's export prohibitions.
• The Rush-Waxman draft's approach to new POPs listings is less efficient than the Senate's, as it requires new listings to undergo a separate safety determination under section 6, which is not explicitly linked to treaty compliance.
• Neither legislative proposal provides the EPA with sufficient authority to re-establish U.S. international leadership on persistent, bioaccumulative, and toxic (PBT) chemicals, as they lack clear triggers or expedited procedures for managing these risks independently of treaty listings.

APA

Wiser, G., & Ditz, D. (2010). Analysis of POPs treaty implementing provisions in Senate and House TSCA reform bills. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/04/TSCAPOPs_May10.pdf

Chicago

Wiser, Glenn, and Daryl Ditz. Analysis of POPs treaty implementing provisions in Senate and House TSCA reform bills. Center for International Environmental Law, 2010. https://www.ciel.org/wp-content/uploads/2015/04/TSCAPOPs_May10.pdf.

Wikipedia

{{cite report |last1=Wiser |first1=Glenn |last2=Ditz |first2=Daryl |title=Analysis of POPs treaty implementing provisions in Senate and House TSCA reform bills |publisher=Center for International Environmental Law |date=18 May 2010 |url=https://www.ciel.org/wp-content/uploads/2015/04/TSCAPOPs_May10.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{wiser2010analysis, author = {Wiser, Glenn and Ditz, Daryl}, title = {{Analysis of POPs treaty implementing provisions in Senate and House TSCA reform bills}}, institution = {Center for International Environmental Law}, year = {2010}, month = may, url = {https://www.ciel.org/wp-content/uploads/2015/04/TSCAPOPs_May10.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }