Environment

Flashback: When Congress passed the 2016 Lautenberg Amendments to the Toxic Substances Control Act, one of the biggest shifts was requiring the Environmental Protection Agency to create a systematic process for reviewing existing chemicals.

How it works: The process unfolds in three steps—prioritization, risk evaluation and risk management. Risk evaluation is the cornerstone, where the EPA decides whether a chemical poses an “unreasonable risk.” Those findings set the stage for any new rules manufacturers will face.

Why it matters: The NAM has long urged that risk evaluations should have an appropriately focused scope, recognize and consider the workplace protections manufacturers implement and be grounded in sound, data-driven science.

• The Biden administration took a different track—dramatically expanding the scope of risk evaluations while blocking consideration of workplace safety controls. These framework changes produced sprawling, thousand-page analyses that are unnecessarily confusing, unrealistic and detached from how chemicals are actually used.
• The result: The result was de facto bans on chemistries essential to existing manufacturing processes and disregard for manufacturers’ commitment to safety and compliance with other safety standards.

What we’re saying: The NAM has been at the forefront of this effort over the past two years.

• In letters to the transition team last December and to the EPA in April , the NAM pressed the administration to “pause and reconsider” risk evaluations, pointing to flawed data quality and poor assumptions in reviews of formaldehyde and 1,3-butadiene.
• “The EPA [has] reli[ed] on assumptions and shortcuts, which is leading to confusion, duplication and overregulation,” the NAM wrote in December to the transition team.
• The NAM has stated a functional TSCA program is vital to manufacturers’ ability to compete in a global economy. “The NAM appreciates EPA Administrator [Lee] Zeldin for taking action to right-size and bring common sense to the risk evaluation procedure,” said NAM Director of Chemicals, Materials and Sustainability Policy Reagan Giesenschlag.

What’s next: The proposed framework rule is published in the Federal Register, with comments due by Friday, Nov. 7. Members are invited to share feedback with the NAM by Oct. 3 to inform comments.