Stakeholders agree that the chances of legislative reform to the Toxic Substances Control Act (TSCA) are small -- and getting smaller as the days progress. Both Hill staff and industry trade representatives acknowledge that focus on mid-term elections and partisan divide, coupled with the limited days on the legislative calendar, make TSCA reform this year unlikely. Thus, while some forward momentum may have occurred over the last years with the Senate bill introduced by Senators David Vitter (R-LA) and the late Frank Lautenberg (D-NJ) and the House discussion draft from Representative John Shimkus (R-IL), it is clear that significant hurdles are still ahead. How the mid-term elections change the status of Senate control and what impact it will have on TSCA reform is being carefully monitored. Lynn L. Bergeson of Bergeson & Campbell, P.C. (B&C®) provided interesting thoughts on TSCA reform in early August. Her thoughts and others' reactions are available online.

Parties with a stake in the TSCA reform arena, including biobased and renewable chemical manufacturers, should take advantage of the pause in ongoing TSCA reform debate and carefully consider what they might need or wish to see in reform legislation. This analysis will be necessary when reform activities begin again – which they assuredly will.