The American Chemistry Council (ACC) criticized the U.S. Environmental Protection Agency's (EPA) final procedural rule for new chemical reviews, arguing the agency continues to hinder innovation with persistent delays in the review process and will further impede progress by eliminating exemptions for low-volume PFAS production.
“EPA missed an opportunity to improve the predictability and timeliness of the TSCA New Chemicals program,” ACC stated in a Dec. 6 news release.
ACC contends that “unacceptable delays are ongoing,” putting the development of chemistries for critical sectors, such as health care and semiconductors, at risk.
“Delays aren’t just ongoing with respect to PMN (premanufacture notice) reviews, either; the entire process continues to be bogged down,” the industry group said.
ACC called on the EPA to immediately begin tracking and releasing data publicly to show total time to market for PMN substances, which includes any time needed to complete a consent order or significant new use rule.
The EPA said Dec. 4 it would eliminate low-volume exemptions (LVEs) for chemicals containing PFAS, short for per- and polyfluoroalkyl substances, under the agency’s Toxic Substances Control Act review process.
The new ruling will ensure that new PFAS and persistent, bioaccumulative and toxic (PBT) chemicals with potential for human exposure are always subject to the full safety reviews prior to manufacture, according to the EPA.
But ACC said the removal of the low-volume exemption creates an unnecessary hurdle for PFAS that will create further delays, arguing the EPA’s science contradicts its own methodologies used in other regulatory frameworks, such as the Clean Air Act and the Agency’s PFAS Strategic Roadmap.
“It is a well-established fact that not all PFAS are the same,” ACC stated. “PFAS are a diverse group of chemistries essential to numerous national priorities, including defense, electronics, semiconductors, energy, health care and agriculture. Unfortunately, EPA has hamstrung the ability to supply small quantities of critical substances to industries the Biden administration has declared national priorities.”
ACC will work with policymakers to advocate for a “science-based approach that is protective of human health and the environment that are mindful of our national security and global competitiveness.”
