U.S. Senator Shelley Moore Capito, who serves as Chairman of the Senate Environment and Public Works (EPW) Committee, took part in a hearing of the EPW Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight Subcommittee. The hearing focused on the beneficial use and regulation of chemicals.
During the session, Chairman Capito questioned witnesses about how new chemical reviews are conducted in the United States and what effect these processes have on innovation and competitiveness within the industry. She also raised concerns regarding per- and polyfluoroalkyl substances (PFAS) in drinking water.
Capito addressed differences between U.S. regulatory approaches and those used by other countries: “When the EPA consistently imposes restrictions that go well beyond what’s required in other nations, it can raise some questions. So, we’re seeing innovative chemicals approved in countries, and you mentioned this, with robust safety programs, like the European Union or Japan, but they face burdensome restrictions here, and so it can’t be commercialized in the United States. So, from your perspective as a global manufacturer, when the U.S. imposes more restrictive conditions than Europe or other major markets, and takes longer to do it, how does that affect where you choose to invest and to make your new chemical developments?”
Peter Huntsman, President and CEO of Huntsman Corporation responded: “Well, today we have some 450, best of my knowledge, about 450 products that are in the pipeline, waiting approval right now, under TSCA. About 10% of those are expected to be approved within the 90 day time period, about 40% of those will go longer than one year. Some of those will go to, sometimes, up to two to three years. You take some of these same formulations and downstream applications and so forth to a country like China, and they will put a high priority where they will get it done within a 90 day time period. The government will give you incentives to build, to innovate, and to invest locally, and literally, in the time that you can get approved in the United States, you can be up and manufacturing that product in another country.”
Capito further clarified her stance on innovation: “To clarify it’s not an international race to the bottom in terms of safety and innovation. It’s really the opposite. Innovation can—and many times I think the goal is more safety in developing new chemicals. Would you agree with that?”
Huntsman replied: “Absolutely our scrutiny that we’re under today in new chemical development—forget for just a second about the issues around government approvals—but the trial attorneys and the multi-hundred billion dollar industry that exists on suing the chemical industry when it gets it wrong is such an enormous incentive. When we come up with new products today I believe that in my 40 years in this industry versus where we were 10 years 20 years 30 years it’s like everything else in our economy. It’s cleaner it’s more innovative it’s better it’s more thorough our scientific data and analysis is better today than it’s ever been so no it’s not a race to the bottom but it is a race on speed and it is a race on how quickly you can innovate and get to the next phase.”
On PFAS contamination issues affecting drinking water supplies—a topic relevant both nationally as well as specifically for West Virginia—Capito stated: “I will have to say as chair of the full committee—and with our subcommittee chair here—I have over the years expressed and had great concerns over PFAS in our drinking water. It’s something that we tried to reach an agreement on I did with former Chair Carper last year to try to get a bipartisan bill to help with this issue My state has been affected by this And so all of you can be very helpful to helping us get a bipartisan agreement here because this problem is not going away It hasn’t been addressed I don’t think as aggressively as I think that we can and should So I’m publicly pledging as I have many times in past—to work—to make sure—that your twenty grandchildren—and my nine grandchildren—can have—that safe drinking water—that they deserve.”
