EPA Announces Path Forward on Chemical Reviews to Protect Public Health, Increase Efficiency and Follow the Law
WASHINGTON – The U.S. Environmental Protection Agency (EPA) is announcing its intent to reconsider the regulation governing the review of chemicals already in commerce by initiating a rulemaking that will ensure the agency can efficiently and effectively protect human health and the environment and follow the law.
“Chemicals are a vital part of our country’s economy. Our manufacturing and industrial sectors should have safe access to the chemicals necessary to advance and improve our daily lives through the production of products including household goods, electronics and other technologies,” said EPA Administrator Lee Zeldin.
“Today’s announcement will allow EPA to develop a path forward to ensure a timely review of chemicals while bolstering our commitment to safeguard public health and the environment. This action will help advance American competitiveness and Power the Great American Comeback,” continued Administrator Zeldin.
Earlier this year, Administrator Zeldin announced his “Powering the Great American Comeback” initiative to advance the agency’s core mission while energizing the American economy. Under the Toxic Substances Control Act (TSCA), EPA is charged with reviewing the thousands of chemicals already in commerce to make sure they don’t harm people or the environment, supporting Pillar One of the Administrator’s initiative, clean air, land and water for every American, as well as Pillar Three to advance permitting reform, cooperative federalism and cross-agency partnership by better integrating best workplace standards from across the Federal government and industry and aiming to adhere to Congress’s tight timelines for risk evaluations.
Consistent with President Trump’s Executive Order 14219 requiring the review of regulations to ensure consistency with Administration policy and agencies’ statutory authority, EPA has completed a review of the Biden-era regulation, Procedures for Chemical Risk Evaluation under TSCA (2024 Risk Evaluation Framework Rule), which outlines the process EPA must follow when conducting chemical risk evaluations. After completing this review and considering public comments and concerns, including those from other Federal agencies, the agency intends to initiate further rulemaking in the near future that will reexamine multiple aspects of this rule for consistency with the law and Administration policy.
In this rulemaking, EPA will rely on its statutory authority as dictated by Congress in TSCA and the Lautenberg Chemical Safety for the 21st Century Act, which Administrator Zeldin voted for while a Member of Congress. This includes reviewing whether the approach taken by the Biden Administration to make a single risk determination for a chemical is consistent with TSCA.
EPA will also include, among additional considerations, whether the agency must evaluate all conditions of use of a chemical at the same time in the three years generally allotted by Congress to conduct this review. Additionally, the agency will reconsider whether and how the use of personal protective equipment (PPE) and industrial controls in an occupational work environment should be incorporated into risk evaluations. The agency will reconsider regulatory definitions expanded by the Biden Administration and evaluate whether the regulation should define terms more broadly than the definitions in the statute.
EPA will provide updates as more information is available including the public comment period on any new, proposed rule.