WASHINGTON (January 22, 2025) – In testimony delivered this morning before the U.S. House Energy and Commerce Subcommittee on the Environment, the American Chemistry Council’s (ACC) President & CEO, Chris Jahn, called on lawmakers to support practical science-based policy improvements to the nation’s primary chemical management law.
“Americans want a stronger, more affordable nation and America’s chemical manufacturers can help. But to provide what Americans are asking for, America’s chemical industry needs policy solutions that protect the environment and human health without sacrificing manufacturing jobs and America’s competitive advantage.”
Chairman Morgan Griffith (R-VA) convened the subcommittee’s first hearing of the 119th Congress to gather perspectives from stakeholders on sensible solutions to bolster America’s chemical management law Congress amended nearly a decade ago.
Critical Improvements are Needed
Jahn noted that Congress has the authority to assess the U.S. Environmental Protection Agency’s (EPA) performance implementing the Lautenberg Act amendments to TSCA and to take corrective actions to make improvements.
“Like any other user fee program, Congress [can] assess whether improvements are necessary. Delays and the lack of using sound science are jeopardizing chemical manufacturing here in the United States,” Jahn said. “We have a unique opportunity to reform our regulatory environment to help U.S. manufacturing and allow us to outcompete other countries for years to come.”
When Congress passed the Lautenberg Act amendments in 2016, it included a 10-year review provision requiring Congress to reauthorize the EPA's authority to assess fees by September 2026. This provision specifically requires Congress to enact a new authorization of EPA’s authority to assess fees and authorize any technical corrections to improve TSCA implementation.
The Need for Immediate Action
Jahn described the threat to America’s competitiveness if EPA does not take immediate action to conduct new chemical reviews in a timely and predicable manner.
“Delays and uncertainty mean that manufacturers are less likely to invest in R&D and bring new, innovative, more sustainable products to market in America. Their customers – whether they are producing autos, semiconductors, or anything else – are not willing to wait, [making] it more likely that manufacturers will bring products to market overseas in jurisdictions with more predictable timeframes,” Jahn said.
A Threat to our Homeland and Health
Jahn explained how the EPA’s unrealistic approach to existing chemical reviews has led to the unwarranted overregulation of critical chemistries and a heightened risk of offshoring products and materials essential to national security, infrastructure and healthcare.
“Critical building block chemistries needed for products from fighter jets to medical devices are at risk. We need these products, but production may be shuttered or forced offshore,” Jahn said.
How Congress Can Get TSCA Back on Track
Jahn concluded his testimony by asking Congress to consider several recommendations to get TSCA working including:
- A 90-day shot-clock for new chemicals reviews: EPA should implement a shot-clock counting down the number of days it takes the Agency’s to complete new chemical reviews. The shot-clock should include an enforcement mechanism when EPA misses the 90-day deadline to review new chemicals coming to the market.
- Use the best available science when assessing existing chemicals in commerce: Regulations for existing chemicals need to be risk-based and appropriately scoped, must rely on the best available science and weight-of-scientific evidence and recognize the use of personal protective equipment (PPE) when evaluating workplace exposure.
