AIDiscussion draft to modernize TOSCA chemical safety law

Environmental Permitting and Water InfrastructureHouse Energy and Commerce Subcommittee on Environment · 2026-01-22 · 119th Congress
The House Energy and Commerce Subcommittee on Environment held this hearing to examine a Republican discussion draft that would reauthorize EPA's Toxic Substances Control Act (TOSCA) user fees for ten years and make targeted changes to how EPA reviews new and existing chemicals under the 2016 Lautenberg Amendments. Begins at 0:15:27
Transcript
Highlights

Title

Discussion draft to modernize TOSCA chemical safety law

Purpose

The House Energy and Commerce Subcommittee on Environment held this hearing to examine a Republican discussion draft that would reauthorize EPA's Toxic Substances Control Act (TOSCA) user fees for ten years and make targeted changes to how EPA reviews new and existing chemicals under the 2016 Lautenberg Amendments. Witnesses debated whether the draft's changes to testing authority, exposure standards, and the "unreasonable risk" threshold would speed innovation and secure supply chains, or weaken public health protections. Begins at0:15:27

Who spoke

Chairman (Subcommittee, likely Rep. Palmer)0:15:27: Opened by explaining the draft reauthorizes TOSCA fees for ten years0:17:10 and makes targeted changes to Section 5 and 6 chemical reviews0:17:30; later questioned Dr. White and Mr. Carey on supply-chain prioritization for critical materials0:52:21 and rare-earth processing dependency on China0:54:08.

Ranking Member Tonko (D-NY)0:18:37: Argued the draft would fundamentally weaken chemical safety protections, make testing harder, and raise EPA's regulatory burden of proof0:19:59; later pressed Dr. Woodruff on how the bill restricts EPA's testing authority and reliance on OECD test methods0:58:06.

Chairman Guthrie (R-KY), Full Committee0:23:20: Said the committee has had a productive 2026 and framed the hearing as continuing 2016 reforms0:23:49; later questioned Dr. White on EPA fee accountability, citing a $4.3 million risk evaluation cost1:13:17, and Mr. Karakitsos on the rationale for the ten-year fee sunset1:16:27.

Ranking Member Pallone (D-NJ), Full Committee0:25:57: Said the draft "continues the Republican assault" on health protections and cited that only five of the first ten Lautenberg-mandated existing chemicals have finalized risk rules0:22:06; later questioned Dr. Woodruff on new-chemical loopholes and the "reasonably feasible" risk-reduction standard1:06:39.

Dimitrios Karakitsos, Holland & Knight (witness, former Senate EPW staffer)0:31:33: Testified the 2016 law's fee sunset was designed to allow a ten-year look-back0:33:21; said EPA has not implemented the "new chemicals practice" as envisioned by the Obama EPA0:34:38 and that Section 21 citizen petitions have consumed resources on issues like tobacco and greenhouse gases0:36:07.

John Carey, dsm-firmenich / HCPA (witness)0:37:24: Said U.S. new-chemical submissions fell 70% since 2015 while R&D spending fell 77%0:38:39; said his company registered 12 materials globally with none approved in the U.S.0:39:05, and that nine materials have sat in EPA review for 5-6 years0:56:18.

Dr. Tracey Woodruff, UC San Francisco (witness)0:42:07: Called the draft "a wholesale destruction of the law" that will lead to more death and disease0:42:32; said EPA has approved over 4,000 new chemicals since 2016, including 600+ PFAS low-volume exemptions0:45:08, and warned the "more likely than not" standard and submitter-defined use restrictions create a "giant loophole" for industry1:09:55.

Dr. Kimberly White, American Chemistry Council (witness)0:46:45: Testified over 90% of active new-chemical reviews exceed the 90-day deadline and 60% remain pending over a year0:49:23; said 70% of surveyed ACC members have introduced new chemistries overseas due to delays0:49:48, and defended the bill's requirements that EPA justify deviations from measured data1:15:00.

Rep. Buddy Carter (R-GA)1:02:26: Cited roughly 460 new chemicals under review and 480 pending beyond the 90-day deadline1:02:53; asked Dr. White whether the draft would benefit U.S. jobs and R&D1:03:23.

Rep. Bill Johnson/Ohio member1:22:51: Entered a January 9 letter from the Alliance for Automotive Innovation supporting the replacement-parts exemption clarification1:22:51; questioned Dr. White on OSHA/EPA exposure-limit consistency1:23:43.

Rep. (California, "the Doctor")1:38:41: Described past work in EPA's Office of Toxic Substances doing cost-benefit analysis1:38:41; pressed Dr. White and Dr. Woodruff on whether exposure limits set at approval reflect real-world use1:39:38 and asked why Europe reviews chemicals faster1:41:04.

Rep. (Pennsylvania)1:43:43: Asked Dr. White to explain how the draft focuses EPA on "reasonably foreseen" rather than theoretical conditions of use1:44:48 and on weight-of-evidence standards1:46:41.

Rep. (California, gentlelady, on Gen X questioning)1:48:50: Questioned Mr. Karakitsos and Dr. Woodruff about whether GenX — marketed as a safer PFAS alternative that later contaminated drinking water — illustrates the risk of weakened standards1:49:161:50:15.

Rep. Weber (R-TX)1:54:10: Entered a letter from the Household and Commercial Products Association supporting the draft1:54:35; asked Mr. Carey about worker safety precautions like chemically impervious gloves1:57:29.

Rep. Soto (D-FL)1:59:43: Cited a PFAS cancer cluster among Central Florida firefighters1:59:43 and criticized proposed EPA budget cuts (55% by the administration, 23% by House Republicans)2:00:10; asked Mr. Carey why EU chemical reviews move faster2:02:53.

Rep. (Colorado, "Evans")2:04:49: Described his district's reliance on oil, gas, and refining, and asked Dr. White whether EPA risk evaluations are commensurate with costs2:05:51; raised the apple-seed cyanide analogy on hazard vs. risk regulation2:06:53 and asked Mr. Karakitsos about Section 21 petition abuse2:08:31.

Rep. Menendez (D-NJ)2:10:21: Criticized colleagues for citing "science" while supporting Medicaid cuts2:10:21; asked Dr. Woodruff whether EPA underestimating risk would expose more Americans to cancer and chronic disease2:13:06.

Rep. Miller-Meeks (R-IA)2:15:21: Framed the draft as protecting Iowa farmers' access to crop-protection and packaging chemicals2:16:15; asked witnesses about the replacement-parts provision and OSHA/EPA consistency2:17:12.

Rep. Landsman (D-OH)2:20:28: Called for the bill to be bipartisan and durable across future Congresses2:25:41; asked Dr. Woodruff and Mr. Carey what causes review delays, including missing submitter data2:22:22.

Rep. Crenshaw (R-TX)2:25:57: Argued TOSCA should be grounded in "risk realism" rather than hazard-only regulation2:26:08; asked Dr. White for real-world examples of overly conservative EPA assessments harming manufacturing2:29:10.

Rep. Carter (D-LA)2:31:07: Entered AFL-CIO and BlueGreen Alliance letters opposing the draft2:31:32; cited that over 125,000 Americans die annually from workplace chemical exposure2:32:27 and asked Dr. Woodruff about OSHA's outdated exposure limits2:32:54.

Rep. Auchincloss (Massachusetts)2:34:45: Criticized parallel "unscientific" HHS vaccine policy while accusing Republicans of gutting TOSCA2:35:53; asked Dr. Woodruff whether the draft would hinder addressing PFAS at the point of production2:36:48.

Key moments

Dr. White testified over 90% of active new-chemical reviews already exceed the 90-day statutory deadline, and over 60% have been pending more than a year, with 70% of surveyed ACC members introducing new chemistries overseas as a result0:49:230:49:48.

Mr. Carey said dsm-firmenich has nine materials stuck in EPA review for 5-6 years despite being approved in the EU, Japan, Australia, Taiwan, the Philippines, and China0:56:182:03:23.

Dr. Woodruff argued the "more likely than not" standard combined with restricting review to submitter-identified uses creates a "Trojan horse" loophole, citing a hypothetical narrow-use PFAS submission that could later be used in "any pot, pan" nationwide1:09:552:12:37.

Pallone and Woodruff exchange: only 5 of the first 10 Lautenberg-mandated existing chemicals have finalized risk rules nearly a decade later0:22:06; Woodruff said EPA approved a jet/boat fuel chemical during the Biden administration with a 1-in-4 (25%) cancer risk1:08:56.

Dr. Woodruff said OSHA's 1971 permissible exposure limit for TCE is 500 times higher than the level EPA found necessary to protect workers, and that the draft would bar EPA from imposing requirements inconsistent with OSHA limits1:21:591:22:22.

Rep. Auchincloss and Dr. Woodruff discussed PFAS: the bill would bar EPA from testing unintentional impurities/byproducts, and weakening point-of-production regulation would likely increase PFAS bioaccumulation in drinking water2:37:142:38:07.

Dr. White and Mr. Carey defended "best available science"/"weight of scientific evidence" as meaning EPA should prioritize measured OECD test data over models and hypotheticals1:35:041:36:21, while Dr. Woodruff countered that EPA's systematic-review method is the scientific gold standard and models remain necessary when measurements are unavailable1:37:18.

Rep. Crenshaw and Dr. White framed the debate as "risk realism" versus hazard-only regulation, using a "wet floor" analogy to argue current EPA practice ignores likelihood of exposure2:28:172:28:40.

GA cancer/GenX exchange: a member asked whether GenX, marketed as a "safer alternative" to older PFAS, later contaminated drinking water in states like North Carolina — Dr. Woodruff confirmed and said weakened standards raise the risk of similar approvals recurring1:49:431:50:15.

Dr. Woodruff said industry has a documented history of concealing chemical harms — citing PFAS, TCE, and 1920s-era internal benzene/leukemia concerns — as the reason EPA needs independent, not industry-submitted, science1:24:572:22:51.

Metadata

Official title“Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law, Strengthen Critical Supply Chains, and Grow Domestic Manufacturing.”
CommitteeHouse Energy and Commerce Subcommittee on Environment
Chamber / CongressHouse · 119th Congress
Date2026-01-22
TypeHearing
Witnesses
Dr. Tracey Woodruff
Dr. Kimberly White — American Chemistry Council
Dr. Tracey Woodruff
Dimitrios Karakitsos — Holland & Knight
John Carey — dsm-firmenich
Videoyoutube
Transcript327 caption blocks · 23,560 words · 2:38:51 runtime
EventCongress.gov 118897