Congress must act to keep America first in chemical innovation and manufacturing

Congress must take swift action to fix implementation of the nation’s primary chemicals management law.

To build a stronger America, there is a need for smarter, science-driven regulations. Leading the charge is the American Chemistry Council (ACC), a key advocate for American innovation, competitiveness, and success through the business of chemistry. 

Chemistry provides the foundation for every economic sector, driving breakthroughs in modern innovation and engineering that strengthen manufacturing, create high-paying jobs, and fuel a resilient U.S. economy.

Together with a coalition of more than 100 stakeholders representing America’s largest manufacturing trade organizations, ACC recently urged Congress to improve the U.S. Environmental Protection Agency’s (EPA) ongoing implementation of the Toxic Substances Control Act (TSCA). TSCA is the nation’s primary chemicals management law that protects public health and the environment while supporting innovation and America’s manufacturing competitiveness.

“TSCA was designed to foster innovation and economic growth while protecting human health and the environment,” the coalition states in a letter addressed to a bipartisan group of House and Senate committee leaders. The coalition includes a broad range of organizations representing America’s leading manufacturers across the economy and downstream sectors that are emphasizing the need for a risk-based, science-driven approach to effective chemicals management regulations.

Where it began

In June 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act amended TSCA. TSCA is the U.S. law that regulates the production, import, use and disposal of chemical substances to protect human health and the environment. This was the first major overhaul of TSCA since it was enacted 40 years earlier – the most significant update to any U.S. environmental statute since 1990. 

The 2016 reforms aimed to ensure that EPA base its chemical evaluations on the best available science and a weight of the scientific evidence approach. In other words, EPA must use transparent, reliable and unbiased scientific data, and consider all reasonably available relevant information when evaluating chemical substances. 

Now a deadline is nearing for Congress to evaluate and reauthorize TSCA’s fee structure before fall 2026. 

Strengthening TSCA

Leaders of the coalition have explained, “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.” In a letter addressed to bipartisan leaders of the Senate Environment and Public Works Committee and the House Energy and Commerce Committee, the coalition has outlined its key recommendations: 

• Ensure timely and predictable reviews of new chemicals. 
• Avoid unnecessary regulations that discourage the adoption of innovative and sustainable chemistries. 
• Maintain a risk-based approach rooted in real-world conditions of use. 
• Strengthen scientific standards for decision-making. 
• Provide clarity on testing, petitions, and data-sharing provisions.

The coalition recognizes that “this will not be a simple undertaking and will require support from a range of stakeholders both within and outside of Congress.” Its mission through these improvements is to help avoid delays and regulatory uncertainty.  

Addressing TSCA fees

Under TSCA, EPA is granted the ability to collect fees from chemical manufacturers, importers, and processors to help fund the agency’s implementation of the law. The user fees are designed to support evaluations for new and existing chemicals. 

These user fee-based statutes, like FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) for pesticides and PDUFA (Prescription Drug User Fee Act) for pharmaceuticals, are effective funding structures intended to support the agency’s overall performance and oversight. 

EPA’s authority to collect these fees will expire on September 30, 2026, without the proper congressional reauthorization. Without this reauthorization, EPA will lose a key funding source for timely chemical reviews and new substances entering the market. 

Even with a significant backlog in TSCA new chemical reviews, the demand for innovative, advanced chemicals continues to grow. Unfortunately, systemic delays in the TSCA New Chemicals review process have negatively affected the production of new chemicals in the United States. This is bad for U.S. innovation and manufacturing.

This deadline to reauthorize user fees is an opportunity for Congress to reuse it’s oversight power and make the necessary improvements to allow American manufacturers to compete and dominate in the global economy. 

Why TSCA implementation matters 

For consumers, communities, manufacturers and the broader U.S. economy, a robust TSCA benefits everyone. It is essential to maintain a robust manufacturing sector’s that can innovate and compete globally. 

Providing EPA with the necessary resources and promoting an efficient, predictable, and risk-based framework for TSCA implementation can help strengthen America as a global manufacturing superpower. ACC and its coalition partners representing America’s largest manufacturers believes that these practical fixes to TSCA are critical to securing America’s competitive edge. ACC understands the importance of supporting innovation and avoiding unnecessary economic barriers. A stronger, more affordable nation starts with American chemistry. Click here to learn more about ACC’s mission to support chemical safety, American innovation and manufacturing dominance.