NAM Urges Congress to Reauthorize and Reform TSCA

The National Association of Manufacturers is urging Congress to reauthorize an expiring Environmental Protection Agency fee authority and to amend the underlying chemical safety law. The NAM says the current Toxic Substances Control Act process is broken, creating delays and uncertainty for manufacturers who need chemical inputs.

According to the NAM, the Toxic Substances Control Act governs how the EPA reviews and approves both chemicals already in commerce and new chemicals. The 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act gave the EPA authority to collect fees to cover up to 25% of the costs of implementing TSCA. That authority expires on September 30.

The Problem with the Current Process

The manufacturing group argues the TSCA process is not working. It states that manufacturers across supply chains face delays, uncertainty, and reduced access to the chemistries they need to innovate. If Congress fails to reauthorize the EPA's fee authority by the deadline, the program will lose about 25% of its operating budget. The NAM warns this would significantly slow an already anemic process.

NAM Vice President of Domestic Policy Chris Phalen emphasized the urgency. "Manufacturers are calling on committee leaders in the House and Senate to advance critical TSCA legislation as quickly as possible," he said. He added that chemicals are foundational to manufacturing, from batteries to semiconductors.

Proposed Reforms to the Law

Beyond simply extending the fee collection, the NAM is pushing for several targeted reforms to the law itself. The organization wants Congress to give the EPA a durable framework for efficient review and regulation of new chemicals. It also seeks a mechanism to mitigate risk management regulations that duplicate or conflict with OSHA rules and other workplace safety practices.

Further proposed changes include revising citizen petition provisions. The goal is to ensure the EPA cannot be forced to bypass scientific analysis before rulemaking. Finally, the NAM wants protections to ensure that investments in the TSCA process made by U.S. Manufacturers are protected from foreign free-riders, including data and fee compensation.

The Stakes for Domestic Manufacturing

The association directly links the chemical review system to factory investment and growth. It contends that reauthorization of the TSCA’s fee authority, coupled with its proposed reforms, will ensure manufacturers have the inputs they need to invest and grow in the United States. The NAM's one-pager frames the issue as critical to domestic manufacturing competitiveness.

Chris Phalen set a timeline for action, stating that 2026 is the year to modernize TSCA to deliver for the long term. The call to action centers on providing certainty for manufacturers to continue innovating and growing in America.