A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act

Environmental Permitting and Water InfrastructureHouse Energy and Commerce Subcommittee on Environment · January 22, 2025 · 119th Congress
The Subcommittee on Environment held its first hearing of the 119th Congress to review implementation of the Frank R. Begins at ▶ 0:00:15
Transcript
Highlights

Title

Reviewing implementation of the Lautenberg chemical safety reform law

Purpose

The Subcommittee on Environment held its first hearing of the 119th Congress to review implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the 2016 bipartisan overhaul of the Toxic Substances Control Act (TSCA), ahead of the June 2026 expiration of TSCA's user-fee authority. Members and four witnesses debated whether EPA's "new chemicals" and "existing chemicals" review programs are too slow, too hazard-focused, or insufficiently protective, with a new GAO report on EPA's new-chemical review process released the morning of the hearing. Begins at▶ 0:00:15

Who spoke

• Chair Morgan Griffith (R-VA)▶ 0:00:15: Opened his first hearing as subcommittee chair, noting GAO found EPA completed only 10% of pre-manufacture chemical reviews within statutory deadlines from 2017-2022▶ 0:02:17, and framed the hearing as an opportunity to assess Lautenberg Act implementation.

• Ranking Member Paul Tonko (D-NY)▶ 0:05:49: Recalled negotiating the original Lautenberg Act, credited it with EPA's risk management rules on asbestos, methylene chloride, and TCE▶ 0:09:21, and asked witnesses whether a reform "consensus" exists today▶ 0:08:21; later asked Dr. Doa what EPA can do administratively to strengthen TSCA▶ 0:46:15.

• Chairman Brett Guthrie (R-KY)▶ 0:11:23: Said implementation has "inhibited American innovation" and noted Section 26 fee authority expires June 2026▶ 0:12:54; later pressed witnesses on whether EPA's proposed vinegar/coffee-descaler restriction is "reasonable"▶ 0:51:49.

• Vice Chairman Jodey Arrington... (Mr. Crenshaw, TX)▶ 0:13:24: Argued chemicals are essential to modern life and that the prior administration's regulation delays threaten supply chains and offshore innovation.

• Ranking Member Frank Pallone (D-NJ)▶ 0:15:26: Criticized Trump's day-one executive orders on climate and argued the Biden EPA restored scientific integrity, banning new uses of asbestos, methylene chloride, and TCE▶ 0:18:28; warned the new Trump administration risks reversing progress▶ 0:19:30.

• Chris Jahn, President/CEO, American Chemistry Council▶ 0:21:01: Said 394 chemicals were in EPA's review queue in January, with 93% past the statutory deadline and 63% under review over a year▶ 0:24:33; cited a survey finding 70% of members introduced new products outside the U.S. due to program delays▶ 0:25:34.

• Dr. Richard Engler, The Acta Group▶ 0:26:36: Argued EPA uses a hazard-based rather than risk-based approach, illustrating with a "shark" analogy and a claim EPA would restrict household vinegar as a corrosive above 3% acetic acid▶ 0:28:37; said EPA has issued restrictions on about 85-90% of PMNs since 2016▶ 0:29:37.

• Geoff Moody, SVP, American Fuel & Petrochemical Manufacturers▶ 0:31:38: Said EPA's risk modeling assumes refinery workers don't use PPE▶ 0:33:38 and that closed-loop process intermediates are being over-regulated despite no public exposure▶ 0:34:08.

• Dr. Maria Doa, Environmental Defense Fund▶ 0:36:10: Said delays are often caused by submitters failing to provide sufficient data upfront▶ 0:38:10, and that EPA finalized five risk management rules banning uses of asbestos, methylene chloride, and TCE in the last two years▶ 0:39:41.

• Rep. Raul Ruiz (D-CA)▶ 1:18:10: Called the vinegar hypothetical "complete nonsense," emphasized TSCA's whole-chemical approach for protecting children▶ 1:20:42, and asked Dr. Doa to explain cumulative exposure assessment▶ 1:21:12.

• Rep. Gary Palmer (R-AL)▶ 1:23:44: Noted PMN approvals dropped from ~600/year to under 200/year▶ 1:24:15; argued solar panels contain PFAS, cadmium, lead, and arsenic, calling it hypocritical for Democrats to favor banning PFAS elsewhere▶ 1:26:46.

• Rep. Scott Peters (D-CA)▶ 1:28:47: A former TSCA office employee, asked Dr. Engler for concrete statutory fixes, proposing a "more likely than not" certainty threshold▶ 1:31:18.

• Rep. John Joyce (R-PA)▶ 1:33:49: Asked whether EPA's "existing chemical exposure limits" (ECELs) overstep OSHA's authority; Jahn said yes, calling it duplicative regulation▶ 1:37:52.

• Rep. Nanette Barragán (D-CA)▶ 1:38:53: Criticized the hearing's industry focus, asked about delays in reviewing pre-2016 existing chemicals▶ 1:40:24, and raised concerns about a proposed 20% EPA budget cut▶ 1:42:26.

• Rep. August Pfluger (R-TX)▶ 1:44:27: Asked Jahn to quantify economic impact of delays; Jahn said EPA has gotten "more resources and been less productive" despite increased fees▶ 1:45:28.

• Rep. Jeff Crank (R-CO)... (Aiyanna Klaus notation) — see below.

• Rep. Jared Golden... (Mr. Auchincloss, MA)▶ 1:49:34: Pressed on whether industry seeks to unravel Lautenberg standards (both witnesses said no)▶ 1:50:04, and asked about an "essentiality framework" for phasing out PFAS▶ 1:51:36.

• Rep. Randy Weber (R-TX)▶ 1:54:38: Asked about interagency delays affecting NASA/DOD critical-use exemptions▶ 1:55:08, and proposed a "shot clock" temporary approval mechanism for chemicals awaiting review past 90 days▶ 1:58:40.

• Rep. Troy Carter (D-LA)▶ 1:59:41: Described "Cancer Alley" in his Louisiana district and pressed Jahn on what industry is proactively doing to reduce risks from legacy chemicals like methylene chloride▶ 2:02:13.

• Rep. Laurel Lee (R-FL)▶ 2:05:45: Asked about agriculture and semiconductor impacts of regulatory delays; Jahn said 70% of pesticide-precursor chemistries are also behind schedule▶ 2:06:46.

• Rep. Shontel Brown... (Mr. Landsman, OH)▶ 2:12:19: Asked about asbestos health impacts and process improvements, including whether EPA could leverage AI▶ 2:16:21.

• Rep. Julie Fedorchak (R-ND)▶ 2:17:22: Argued EPA's 2024 shift toward a "hazard-based" cumulative risk assessment is a new statutory interpretation not authorized by TSCA▶ 2:19:55; Jahn agreed▶ 2:20:26.

• Rep. Darren Soto (D-FL)▶ 2:22:57: Compared EPA approval standards unfavorably to China's high carcinogen-exposure rate▶ 2:24:28 and asked about consistency with FDA's recent red dye No. 3 ban▶ 2:27:00.

• Rep. Gabe Evans (R-CO)▶ 2:28:32: Asked Moody and Jahn to quantify job/health impacts of delays; Jahn cited EPA's formaldehyde risk evaluation as using assumptions so strict the hearing room itself would be "non-compliant"▶ 2:32:04.

• Rep. Robert Menendez Jr. (D-NJ)▶ 2:33:34: Honored the late Sen. Frank Lautenberg, a New Jersey native, and asked Dr. Doa about worker and fenceline-community protections under the Act▶ 2:34:35.

• Rep. Mariannette Miller-Meeks (R-IA)▶ 2:38:36: Cited ethylene oxide sterilization rules as an example of overzealous regulation risking non-sterile medical equipment▶ 2:39:37; asked Moody about biofuel co-processing being classified as new substances under TSCA▶ 2:40:07.

• Rep. Buddy Carter (R-GA)▶ 2:49:43: A pharmacist by training, noted PMN fees rose from $2,500 (2018) to $16,000 then $37,000, calling the increase unreasonable per multiple witnesses▶ 2:52:45.

• Rep. Diana Harshbarger (R-TN), waived on▶ 2:55:16: Announced a Congressional Review Act resolution with Rep. Miller-Meeks to overturn EPA's TCE rule, citing threat to Microporous, a battery-separator manufacturer in her district▶ 2:56:17.

Key moments

• GAO's newly released report found EPA's new chemicals division "does not follow most key practices" for managing and applying evidence to decision-making, cited by Chair Griffith the morning of the hearing▶ 0:44:14.

• Dr. Engler's vinegar/lemon-juice example: EPA's 3% acetic-acid corrosivity threshold would functionally ban vinegar (about 5% acetic acid) from consumer products if submitted as a new chemical▶ 0:28:37▶ 0:42:44.

• Jahn testified that 394 chemicals were in EPA's review queue as of January, 93% past the 90-day statutory deadline and 63% pending over a year▶ 0:24:33.

• Dr. Doa disputed the "too slow" narrative, saying delays are largely caused by submitters withholding sufficient data upfront, requiring EPA to redo risk assessments up to five times▶ 0:38:10▶ 0:50:19; Jahn countered that GAO/industry data show only about 11% of delayed applications are waiting on industry information▶ 1:58:10.

• Rep. Palmer's exchange with witnesses on solar panels: cited cadmium, lead, arsenic, and PFAS content and lack of recyclability, prompting Engler to say EPA should evaluate PFAS uses individually rather than as a blanket category▶ 1:27:46▶ 1:53:37.

• Rep. Auchincloss pressed both industry witnesses on whether they seek to roll back Lautenberg Act standards; both Jahn and Moody explicitly said no, framing their ask as "common sense, science-based" process fixes▶ 1:50:04.

• Jahn cited EPA's formaldehyde exposure evaluation as based on levels "three times lower" than the EU's 2024 standard and said it took over a year to get EPA to partially reverse the finding, which he said would have rendered the hearing room itself non-compliant▶ 2:32:34▶ 2:33:04.

• Rep. Harshbarger announced a Congressional Review Act resolution to overturn EPA's TCE workplace exposure rule, saying it would cut the allowable limit 500-fold (parts per million to 0.2 ppm) and threaten Microporous, one of only two U.S. battery-separator makers▶ 2:56:17.

• Dr. Doa said roughly 3,600 chemicals have been reviewed and approved since 2016, but Engler disputed the figure, saying only about half that number have actually been approved▶ 2:58:49.

• Rep. Carter (LA) invoked "Cancer Alley" in his district and pressed Jahn on proactive industry steps beyond compliance; Jahn cited the "Responsible Care" third-party audit program and lower emissions/greenhouse-gas intensity among ACC members▶ 2:04:14▶ 2:05:15.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Environment
Chamber / CongressHouse · 119th Congress
DateJanuary 22, 2025
TypeHearing
Witnesses
Dr. Richard Engler — Director of Chemistry, The Acta Group
Dr. Maria Doa — Senior Director, Chemicals Policy, Environmental Defense Fund
Mr. Geoff Moody — Senior Vice President, Government Relations and Policy, American Fuel and Petrochemical Manufacturers
Mr. Chris Jahn — President and Chief Executive Officer, American Chemistry Council
Videoyoutube
Transcript356 caption blocks · 29,533 words · 3:00:22 runtime
EventCongress.gov 117835