US election may bring changes to chem regulations

Janet Miranda

03-Nov-2020

HOUSTON (ICIS)–With the November election ongoing, speculation is growing about what a potential change in the White House could mean for chemical regulations.

The US Environmental Protection Agency (EPA) can be reshaped to execute the president’s environmental agenda. Energy companies, like Phillips 66, have already said they are expecting more regulatory hurdles if former Vice President Joe Biden wins the US presidency.

Under the Trump Administration, the EPA focused on reducing many of the Obama-era regulations with the goal of reviving American manufacturing and increasing domestic energy production.

The rollbacks revolved around emissions, reducing restrictions on coal-fired power plants, mileage and emissions standards for auto manufactures, and eliminating methane emission requirements for oil and gas producers.

In regards to the Toxic Substances Control Act (TSCA), the Trump administration has narrowed the scope of chemicals under review and has required less input from manufacturers. The act governs the country’s chemical safety regulations.

Commonly called by its old name, the TSCA provides the EPA with the authority to address the production, importation, use, and disposal of chemicals. The regulations act has since been reformed as the Frank R Lautenberg Chemical Safety for the 21st Century Act in 2016.

Mounting pressure from environmental groups and Vice President Biden’s commitment to environmental justice as a policy platform is likely to result in an EPA that takes a stricter approach to implementing the TSCA.

“While the Trump administration is working to legally curtail the tightening of standards going forward, no matter the outcome of the election, the following months could bring significant regulatory changes,” said Maureen Gorsen, partner in Alston & Bird’s Environment, Land Use & Natural Resources group. She said her comments in an interview with ICIS.

A Biden presidency could mean expanded data submission requirements for the industry through the review process for chemicals, which would most likely result in a backlog of chemicals awaiting review.

Trump-era regulations can also be expected to be reviewed and re-examined.

“Every Obama rule that was repealed will be reinstated,” said Gorsen.

A Biden EPA is also more likely to consider input from a broader group of stakeholders who will participate in what is likely to be a more robust public comment period.

This is likely to cause a rise in the cost of doing business for the chemicals industry.

“They will have to invest in more controls in their facility which will cost money,” said Gorsen.

Interview article by Janet Miranda

Thumbnail image by Design Pics Inc/REX/Shutterstock

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