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April 28, 2014

Pending chemical bills pose a threat to Mass. environment, residents

Michael O. Moore

Massachusetts has never hesitated to take the lead and pass laws to protect its citizens. From improvements in highway and traffic safety to domestic violence legislation, the commonwealth has always emphasized the security of its residents. This practice has continued as states begin to address issues stemming from the use of dangerous toxic chemicals.

Unfortunately, two pieces of federal legislation now before Congress are cause for grave concern: The Chemicals in Commerce Act, before the House, and the Chemical Safety Improvement Act, which is before the Senate. Both bills would significantly hinder Massachusetts' ability to protect residents and the environment from toxic chemicals.

Federal law governing the manufacturing, transportation, storage and use of toxic chemicals fails to give the Environmental Protection Agency (EPA) sufficient tools or authority to be successful.

In response, state legislatures, including Massachusetts, have passed a wide range of laws to supplement federal regulations and provide the best possible protection for their citizens. While I am heartened by our progress, my concern for chemical safety is elevated by the two bills being considered at the federal level, which threaten every state's ability to pass and implement chemical regulations. First, the proposed federal legislation would likely render many state laws useless. Additionally, both bills could prevent states from regulating chemicals in the future. Between the volume of new chemicals and the lax federal standards, handcuffing state legislatures could be particularly devastating. They would be effectively prohibited from making determinations about the basic safety of the public and the environment.

Just four months ago, around 100 gallons of a highly flammable and possibly carcinogenic chemical, styrene, was spilled at the Grafton-Upton Rail Yard in Upton. Thanks to the quick work of first responders and chemical safety experts, the damage was quickly contained, with only a few complaints of chemical odors or irritated eyes and skin. We owe our safety to the skill and expertise of those municipal and state workers, and officials who were entrusted with the cleanup, despite the fact that the rail yard is operated under federal authority.

To strip Massachusetts residents of protections enacted by their elected officials would be a serious breach of state sovereignty, and would leave everyone more susceptible to increased harm from toxic chemicals.

It's essential to recognize that without proper regulation, proliferation of these chemicals will result in higher risks to our public health and the environment. The commonwealth cannot be satisfied with ineffective federal regulations, and cannot afford for Congress to jeopardize future safety regulations through the passage of these laws. The next incident may be worse, and without the ability to regulate chemical safety, Massachusetts would not be able to safeguard our citizens or our environment.n

Michael O. Moore represents the Second Worcester District in the Massachusetts Senate. The district includes Auburn, Grafton, Leicester, Millbury, Shrewsbury, Upton and parts of Northbridge and Worcester.

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