Urgent Action Needed on Chemical Control Laws

There’s an immediate need for Congress to revamp the implementation of key chemical control laws in the U.S. To build a stronger future, regulations must be based on sound science. The American Chemistry Council (ACC), which champions American progress and competitiveness in the chemistry sector, is leading this cause.

Chemistry lays the groundwork for every industry, driving modern innovations and engineering advances that bolster manufacturing, create well-paying jobs, and ensure a robust U.S. economy.

In collaboration with over 100 stakeholders from the country’s largest manufacturing sectors, ACC has urged Congress to enhance how the U.S. Environmental Protection Agency (EPA) implements the Toxic Substances Control Act (TSCA). This act plays a vital role in safeguarding public health and the environment while also promoting innovation and competitive manufacturing in America.

The coalition emphasized in a letter to bipartisan leaders in the House and Senate that “TSCA aims to stimulate innovation and economic growth while ensuring the protection of human health and the environment.” Their diverse group includes organizations from significant manufacturing sectors, all advocating for a risk-based and science-driven approach to chemical management.

Background

The foundation for these changes dates back to June 2016, when the 21st Century Chemical Safety Act amended TSCA. This law regulates the production, importation, and disposal of chemicals, aiming to protect human health and the environment. Notably, it was the most substantial update to U.S. environmental law in over three decades.

The 2016 updates were designed to ensure that the EPA uses the best available science for chemical assessments. In simpler terms, the agency is tasked with utilizing transparent, reliable, and unbiased scientific data while considering all relevant information in chemical evaluations.

As the time to reassess TSCA and its fee structure approaches in fall 2026, Congress faces a pivotal moment.

Enhancements to TSCA

It’s been nearly ten years since those reforms, and leaders of the coalition believe it’s time to implement targeted improvements. These enhancements could, they argue, strengthen scientific standards, ensure timely chemical reviews, and provide clarity for manufacturers. In a letter to the Senate Environment and Public Works Committee and the House Energy and Commerce Committee, they laid out key suggestions:

• Ensure timely and predictable reviews for new chemicals.
• Avoid unnecessary regulations that might stifle innovative and sustainable chemicals.
• Adopt a risk-based approach that reflects actual usage.
• Enhance scientific standards for decision-making.
• Clarify testing, petitioning, and data-sharing processes.

The coalition acknowledges the complexity of these changes and the need for broad support from various stakeholders. Their goal is to mitigate delays and regulatory uncertainties.

TSCA Fees Compatibility

The EPA has the authority under TSCA to collect fees from chemical manufacturers, importers, and processors to fund law enforcement and oversight. Similar user fee structures exist for pesticides and pharmaceuticals, effectively supporting government agency operations.

However, without reauthorization from Congress by September 30, 2026, this fee collection authority will expire, leading to a significant loss of funding for chemical reviews and new substance market introduction.

There’s a persistent backlog in the TSCA review process, which is stalling the development of new chemicals in the U.S. This sluggishness is detrimental to American innovation and manufacturing.

Reauthorizing these user fees represents an opportunity for Congress to reassert its oversight role and make vital adjustments to enhance U.S. manufacturers’ competitiveness in the global marketplace.

The Importance of TSCA Implementation

A strong TSCA benefits everyone—consumers, communities, manufacturers, and the overall U.S. economy. It’s crucial to maintain a robust manufacturing sector that can innovate and compete. Equipping the EPA with necessary resources, alongside an efficient and predictable implementation framework, is essential for reinforcing the U.S. as a leader in global manufacturing.

Partners associated with ACC, representing major U.S. manufacturers, stress that these amendments to TSCA are necessary to secure America’s competitive edge. Supporting innovation while removing unnecessary financial barriers is key. Ultimately, a promising future starts with American chemistry.