Reforming TSCA … Again: Why Concerned Companies are Planning to Change the Status Quo of TSCA

–Washington, DC– We are fast approaching the 8th anniversary of the enactment of the 2016 Lautenberg amendments to the Toxic Substances Control Act (TSCA). These amendments fundamentally altered the way in which the Environmental Protection Agency (EPA) evaluates and manages chemicals. Although these amendments were championed and celebrated by the chemical industry and received overwhelming bipartisan support, TSCA implementation has been nothing to celebrate. After eight years, there is more than enough evidence of TSCA’s infirmities.

Take, for example, EPA’s substantive changes to the procedural framework rule for conducting chemical risk evaluations, which includes, among other changes, a “whole chemical approach” to unreasonable risk determinations. Instead of each condition of use reflecting its own unreasonable risk determination – which is how the prior administration had interpreted TSCA – EPA now makes a single unreasonable risk determination for the whole chemical. Under this approach, EPA no longer issues orders for those conditions of use deemed not to present unreasonable risk – the chances that any chemical EPA prioritizes for risk evaluation will be determined not to present unreasonable risk are slim to none. Evidently, the language of TSCA can accommodate both approaches to unreasonable risk determinations! Moreover, under a whole chemical approach to unreasonable risk determination, why would any chemical manufacturer avail itself of TSCA’s provision for manufacturers to request an EPA risk evaluation? The need for TSCA reform is also evident in EPA’s review of new chemical submissions, which typically take a year or more, far exceeding the 90-day timeframe anticipated by TSCA.

To advance a future in which reasonable science policy is the bedrock of EPA’s decision-making in all aspects of TSCA implementation, a group of concerned companies has formed the TSCA Improvement Coalition (Coalition). The overall goal of the Coalition is to change the status quo of TSCA implementation by advocating for specific changes in TSCA legislation and regulations. Companies affected by the EPA’s implementation of TSCA are strongly encouraged to join this Coalition. Becoming a Coalition member will ensure your concerns are heard. The Coalition’s interests will be an important resource for Congress when preparing for oversight hearings and advocating for legislative changes to TSCA.

For more information on the TSCA Improvement Coalition, contact David Fischer at 202-434-4224 or fischer@khlaw.com.