Industry Coalition Pushes for TSCA Changes as EPA Fee Authority Nears Expiration
More than 100 industry groups signed a letter to Congressional leaders with recommendations for improving the Toxic Substances Control Act (TSCA).
The coalition, which includes the American Chemistry Council, is calling for risk-based regulations and timely reviews as Congress considers extending TSCA fee authority before it expires in September 2026.
The letter, dated Sept. 8 and addressed to Senate Environment and Public Works and House Energy and Commerce leaders, also calls on Congress to strengthen scientific standards for decision-making and provide clarity on testing, petitions and data-sharing provisions.
“TSCA was designed to foster innovation and economic growth while protecting human health and the environment,” the coalition states in the letter. “Nearly a decade after the 2016 reforms, it’s time to make targeted improvements that will strengthen scientific standards, ensure timely reviews, and provide clarity for manufacturers.”
The letter comes amid major shakeups in the U.S. Environmental Protection Agency, including the new chemicals review division.
In May, EPA Administrator Lee Zeldin said the agency would redistribute 130 scientists from the Office of Research and Development (ORD) to its new chemicals review program as part of a major organizational restructuring that will help reduce a backlog of more than 500 new chemicals applications.
Zeldin later announced the agency would eliminate ORD and create the Office of Applied Science and Environmental Solutions.
Critics of the move have said the reorganization jeopardizes environmental and human health protections.
However, supporters expect the restructuring to help streamline research efforts and loosen conservative risk-assessment practices when evaluating new chemicals.
ORD’s safety and sustainability research program may have played a role in the TSCA risk-evaluation process, according to Lynn Bergeson, an industry legal expert and Chemical Processing columnist.
The 2016 Lautenberg Act amendments to TSCA provided EPA with expanded authority to collect fees from manufacturers to help defray up to 25% of the costs associated with TSCA implementation efforts.
The act included a 10-year review for reauthorizing EPA authority to assess the fees.
The coalition letter states that the review is an opportunity to address issues with the current chemical evaluation process.
“We recognize this will not be a simple undertaking and will require support from a range of stakeholders both within and outside of Congress,” the letter stated. “The need for Congress to extend TSCA fee authority in 2026 provides a ripe opportunity to improve TSCA,” the letter concludes.
