September 8th, 2025
The Honorable Shelley Moore Capito
Chairman
U.S. Senate Committee on Environment and Public Works
410 Dirksen Senate Office Building
Washington, DC 20510
The Honorable Sheldon Whitehouse
Ranking Member
U.S. Senate Committee on Environment and Public Works
456 Dirksen Senate Office Building
Washington, DC 20510
The Honorable Brett Guthrie
Chairman
U.S. House Committee on Energy and Commerce
2125 Rayburn House Office Building
Washington, DC 20515
The Honorable Frank Pallone
Ranking Member
U.S. House Committee on Energy and Commerce
2323 Rayburn House Office Building
Washington, DC 20515
Dear Chairmen Capito and Guthrie, and Ranking Members Whitehouse, and Pallone:
We are writing on behalf of the American Alliance for Innovation (AAI) to support your work to improve implementation of the Toxic Substances Control Act (TSCA) and ensure a regulatory system that balances human health and environmental concerns with domestic supply chain and innovation needs and supports growth in our manufacturing sector. The AAI is an alliance of trade associations representing a broad spectrum of the economy and represents many sectors, at all points along the chemicals value chain and the American manufacturing sector it supports.
In 2016, Congress passed the landmark Frank R. Lautenberg Chemical Safety for the 21st Century Act, which made substantial changes to TSCA, with overwhelming bipartisan support in both the Senate and House. AAI members played a vital role in supporting these efforts and worked with Congressional stakeholders to develop the legislation and work towards its passage.
Now, nearly a decade later, and based on our experiences since those 2016 reforms, we offer our help to recommend necessary improvements to the statute as Congress considers extending TSCA fee authorities before they expire in September 2026. We believe these recommended improvements to TSCA will assist EPA in its efforts to appropriately identify and manage identified unreasonable risks of injury to health and the environment while also supporting American manufacturing and the chemicals spurring economic growth and innovation.
At its core, TSCA is designed to foster an environment where manufacturers can build our economy and improve everyday life without creating unreasonable risks to the public. In this way, Americans are constantly promoting new innovation.
In crafting and passing the law, Congress soundly rejected a precautionary model in favor of a risk-based approach focused on both hazard and real-world exposures of the chemical substance’s conditions of use.
We appreciate the work you have already done since the start of the 119th Congress, including holding a hearing on TSCA implementation, actively soliciting ideas for improvements to the statute from stakeholders, and planning additional Congressional oversight. It is important to build on that work and build momentum by further developing these ideas into a legislative proposal that can be vetted fully.
Our organizations have challenges with TSCA and have identified some additional statutory improvements and clarifications, including:
- Ensuring timely and predictable reviews of new chemicals;
- Avoiding unnecessary regulation, including overuse of Consent Orders (COs) and Significant New Use Rules (SNURs) that discourage adoption of innovative and sustainable chemicals;
- Following a risk-based approach to regulating a chemical’s intended use in commerce that is rooted in actual uses and real-world scenarios;
- Strengthening the scientific standards included in TSCA for what constitutes “the weight of the scientific evidence;” and,
- Providing additional clarity to other sections of TSCA that govern testing, regulatory petitions, and data sharing.
We recognize this will not be a simple undertaking and will require support from a range of stakeholders both within and outside of Congress. However, we believe these improvements are essential and can provide needed certainty for TSCA to be a gold standard chemical management system. The need for Congress to extend TSCA fee authority in 2026 provides a ripe opportunity to improve TSCA.
We stand ready to help.
Sincerely,
Agricultural Retailers Association
Alliance for Automotive Innovation
Alliance for Chemical Distribution
American Chemistry Council
American Cleaning Institute
American Coatings Association
American Coke and Coal Chemicals Institute
American Composites Manufacturers Association
American Feed Industry Association
American Forest and Paper Association
American Foundry Society
American Fuel & Petrochemical Manufacturers
American Home Furnishings Alliance
American Petroleum Institute
American Trucking Association
American Wood Council
Asphalt Roofing Manufacturers Association
Association of the Nonwoven Fabrics Industry
Battery Council International
Business Institutional Furniture Manufactures Association (BIFMA)
Can Manufacturers Institute
Center for Polyurethanes Industry
Chemical Industry Council of Delaware
Chemical Industry Council of Illinois
Chemical Users Coalition
Chemistry Council of New Jersey
Color Pigments Manufacturers Association
Communications Cable & Connectivity Association
Composite Panel Association
Consumer Technology Association
Decorative Hardwoods Association
EPS Industry Alliance
Flexible Packaging Association
Fragrance Creators Association
Georgia Chemistry Council
Global Electronics Association
Household & Commercial Products Association
Idaho Association of Commerce & Industry
Illinois Chamber of Commerce
Independent Lubricant Manufacturers Association
Independent Women’s Forum
Indiana Manufacturers Association
Institute of Makers of Explosives
International Cast Polymer Association
International Lead Association
International Molybdenum Association
International Sign Association
International Sleep Products Association
International Wood Products Association
Kansas Chamber of Commerce
Kansas Manufacturing Council
Kentucky Association of Manufacturers
Kentucky Chemistry Council
Kitchen Cabinet Manufacturers Association
Louisiana Chemical Association
Maine State Chamber of Commerce
Manufacture Alabama
Michigan Chemistry Council
Minnesota Chamber of Commerce
Mississippi Manufacturers Association
Motorcycle Industry Council
National Aquaculture Association
National Asphalt Pavement Association
National Association of Manufacturers
National Association of Printing Ink Manufacturers
National Electrical Manufacturers Association
National Funeral Directors Association
National Mining Association
National Wood Flooring Association
Nebraska Chamber of Commerce & Industry
Non-Ferrous Founders’ Society
North American Association of Food Equipment Manufacturers
North American Insulation Manufacturers Association
North American Modern Building Alliance
Ohio Chemistry Technology Council
Oregon Business & Industry
Pennsylvania Chemical Industry Council
Pine Chemicals Association International
Plastics Industry Association
Plumbing Manufacturers International
Polyisocyanurate Insulation Manufacturers Association
Polymeric Exterior Products Association
Polyurethane Manufacturer’s Association
PRINTING United Alliance
RadTech—UV+EB Technology Nonprofit Association
Recreational Off-Highway Vehicle Association
Responsible Industry for a Sound Environment
Silicones Environmental, Health, and Safety Center
Society of Chemical Manufacturers & Affiliates
South Carolina Chemistry Council
Specialty Vehicle Institute of America
Spray Foam Coalition
Spray Polyurethane Foam Alliance
Steel Founders’ Society of America
Styrene Information and Research Center
Synthetic Amorphous Silica and Silicate Industry Association
Tennessee Chamber of Commerce & Industry
Texas Association of Manufactures
Texas Chemistry Council
The Adhesive and Sealant Council
The Fertilizer Institute
The Linen, Uniform and Facility Services Association
Treated Wood Council
U.S. Chamber of Commerce
U.S. Tire Manufacturers Association
Vinyl Institute
Virginia Manufacturers Association
Washington State Dairy Federation
West Virginia Manufacturers Association
Wisconsin Manufacturers & Commerce
CC:
The Honorable John Curtis
Chairman
The Honorable Jeff Merkley
Ranking Member
The Honorable Gary Palmer
Chairman
The Honorable Paul Tonko
Ranking Member