Charleston Leader

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

During her opening statement, Ranking Member Capito emphasized the need for timely reviews and approvals of new chemicals. She stated, "For three years the Biden administration has been implementing the 2016 TSCA amendments. And yet, the slow pace, as the chairman mentioned, of new chemical approvals has not improved. The scapegoat of blaming the prior administration in no longer holding water, three years is long enough to take the reins."

Capito highlighted the importance of agency timeliness in the chemical space, stating that it is crucial for maintaining competitiveness in the global market and for expanding key industries and onshoring critical supply chains in the United States. She expressed concern about the reliance on older chemistries due to the slow pace of new chemical approvals, which may have lower performance, higher risk profiles, and fewer environmental benefits than newer alternatives.

Capito also raised concerns about the EPA's approach to risk assessment. She mentioned a drop in the number of cases that received a determination of "not likely to present risk" and criticized the EPA's predisposed worst-case assumptions of risk. Capito stated, "It seems that no volume of data provided by applicants is satisfactory to the EPA to drop its predisposed, worst-case assumptions of risk."

Furthermore, Capito expressed her concerns about the lack of responsiveness from EPA staff, the moving of goalposts, and the failure to consider data and approvals from regulators in Europe and Asia. She argued that the EPA's "zero-risk" approach undermines the intent of the 2016 amendments and hampers the Biden administration's goals.

Capito also addressed the issue of resources within the TSCA program. While acknowledging that the EPA may not receive all the resources it needs, she emphasized the need to address underlying structural issues rather than simply throwing more money at the problem. Capito expressed concern about the slow hiring process and the lack of standard operating procedures and outdated guidance within the OCSPP.

In conclusion, Ranking Member Capito stated, "During today's hearing, I expect we will once again hear about the need for more resources, and we will consider that request. But more valuable will be learning how you intend to allocate the resources you have and what transparent commitments you are willing to make to improve management of and tangibly accelerate the review process."

Ranking Member Capito's opening statement highlights the concerns about the slow pace of new chemical approvals and the need for improvements in the TSCA program. She emphasized the importance of timely reviews and approvals, as well as the need for a balanced approach to risk assessment. Capito also called for addressing the structural issues within the program and making transparent commitments to improve its management.