OKC Standard

U.S. Senator Markwayne Mullin (R-OK) sent a letter to Environmental Protection Agency (EPA) Administrator Michael Regan today, reminding the agency of their 90-day statutory deadline to brief Congress on the EPA’s plan to address their backlog of new chemical reviews under Section 5 of the Toxic Substances Control Act (TSCA). Section 5 of TSCA requires the agency to make a determination within 90 days of submittal for a new chemical to be manufactured in or imported into the United States.

As of May 16, 2024, out of the 407 new chemicals under TSCA review, only 76 have been under review for less than 90 days. This indicates that 81 percent of new chemicals have been under review for more than 90 days. The recently passed Fiscal Year 2024 appropriations bill mandates that the EPA brief the Committee within 90 days of enactment on improvements to effectively address the New Chemicals Program submission backlog.

“New chemical reviews are necessary for economic and technological innovation in America,” said Sen. Mullin, Ranking Member of the Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight Subcommittee on the Environment and Public Works Committee. “When approved on time, these reviews allow U.S. companies to enter new products into the market which is key to economic growth and ensuring research and development and manufacturing activities remain domestic. The Biden EPA’s delays are creating uncertainty for business investments, stifling our international economic competitiveness, and ultimately contributing to offshoring. I look forward to hearing back from the Administrator on his plan.”

The full letter can be found here and below:

Dear Administrator Regan:

As Ranking Member of the Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight Subcommittee on the Environment and Public Works Committee, I write regarding the Fiscal Year 2024 Department of the Interior, Environment, and Related Agencies Appropriations Bill. Specifically, on ensuring the Environmental Protection Agency brief the Committee within 90 days of enactment date of this legislation on your plan to develop and implement improvements to the New Chemicals Program.

In order for the United States to maintain domestic production of chemicals that support critical supply chains, it is imperative that the agency meets the 90-day statutory deadline for review of new chemicals as required by TSCA as amended by Frank R. Lautenberg Chemical Safety for the 21st Century Act (P.L. 114–182), and eliminates backlog submissions. I look forward to reviewing your plan and status of program as prescribed by this Act in combination with following corrective actions:

Additionally when establishing occupational exposure limits; committee encouraged agency enhance coordination with Occupational Safety Health Administration would appreciate learning about efforts increase this coordination.

Thank you in advance for your report on these important actions ensure new chemicals can be introduced in United States.

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