NAM: Congress Should Modernize TSCA

Manufacturers have been closely involved in the implementation of the Toxic Substances Control Act, and they know how it ought to be revised and improved, the NAM told the House Energy and Commerce Subcommittee on Environment this week.
Why it matters: “The responsible use and management of chemicals is critical for manufacturers because it directly affects the safety of workers in facilities, consumers of products being made and the communities in which facilities operate,” the NAM said.
Why now? The TSCA’s fee authority, established in 2016 under the bipartisan Frank R. Lautenberg Chemical Safety for the 21st Century Act, expires in September. The fee authority supports the Environmental Protection Agency’s expanded responsibility under the Lautenberg Amendments for approving chemistries used by manufacturers throughout the supply chain.
- Policymakers are considering reforming the TSCA alongside renewing the fee authority, and the subcommittee held a hearing about draft legislation on Thursday.
What Congress should do: Along with reauthorizing the fee authority, policymakers should make the following improvements to the TSCA, the NAM recommended:
- Improve timeliness and predictability of review processes so regulated entities can plan investments and compliance with confidence
- Ensure a risk-based approach that reflects real-world exposure and use conditions, uses sound science and transparent assumptions and ensures decisions are durable and defensible
- Support effective and efficient coordination across federal programs to reduce duplicative requirements and support meaningful regulatory outcomes
The last word: “Manufacturers strongly support the Energy and Commerce Committee’s efforts to improve the TSCA while extending TSCA fee authority,” said NAM Director of Chemicals, Materials and Sustainability Policy Reagan Giesenschlag and NAM Vice President of Domestic Policy Chris Phalen.
- “Targeted improvements that enhance program efficiency, predictability and certainty will help unlock manufacturing investment, strengthen domestic supply chains and support American competitiveness—while continuing to protect public health and the environment.”