Charleston Leader

WASHINGTON, D.C. – Ranking Member Shelley Moore Capito (R-W.Va.) expressed her concerns over the slow pace of new chemical approvals during a hearing held by the Senate Environment and Public Works (EPW) Committee. The hearing, titled "Oversight of Toxic Substances Control Act Amendments Implementation," featured testimony from Dr. Michal Freedhoff, assistant administrator of the Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention.

In her opening statement, Ranking Member Capito thanked Chairman Carper for holding the hearing and expressed her appreciation to Dr. Freedhoff for the fruitful discussion they had in her office. She highlighted the need for improvement in the implementation of the 2016 TSCA amendments, stating that the slow pace of new chemical approvals has not improved despite three years of the Biden administration's efforts.

Capito emphasized the importance of timely reviews and approvals, stating that it is a legal obligation for the EPA to ensure that innovation is not stifled by bureaucracy. She warned that the slow pace of new chemical approvals could lead to a reliance on older chemistries with lower performance and higher risk profiles. Capito cited a survey of American chemical manufacturers, which revealed that 70 percent of them have decided to introduce new chemicals outside of the U.S. due to the slow pace of reviews.

Capito also expressed her concerns about the EPA's "zero-risk" approach in the TSCA program, stating that it undermines the intent of the 2016 amendments. She criticized the EPA for its lack of responsiveness, moving of goalposts, and presumptions of denial at the start of the process. Capito highlighted the disconnect between the hazard-based interpretation of TSCA and the Biden administration's onshoring efforts, citing examples where stringent restrictions have prevented the commercialization of potentially beneficial chemistries.

The Ranking Member raised concerns about the resource demands and programmatic workload of the TSCA program. She noted that the EPA has hired almost 2,000 new employees but struggles to fill vacancies in the TSCA program. Capito questioned the expansion of resources for elective programs without statutory authorization and criticized the lack of standard operating procedures and outdated guidance within the OCSPP.

In conclusion, Ranking Member Capito emphasized the need for change and improvement in the TSCA program. She expressed her willingness to consider additional resources but stressed the importance of transparent commitments and efficient management of the review process.

During the hearing, Ranking Member Capito expressed her hope to discuss ideas for accelerating the review process and improving management. She thanked Chairman Carper for the opportunity to address these concerns and urged for a collaborative effort to address the issues at hand.