From the industrial history of the Kanawha Valley to the advanced manufacturing facilities operating across our state today, West Virginia has long played an important role in American manufacturing. Our skilled workers make many of the materials and products that keep our economy and supply chains moving.
To keep West Virginia competitive, protect good-paying jobs, and encourage new investment and technology, federal regulations need to keep up with the real world. We can protect public health and the environment while also supporting American manufacturing and economic growth.
Most Americans understand how important chemical manufacturing is to our everyday lives. Recent national polling shows that more than 80% of Americans believe the chemical industry is important to producing lifesaving medicines, medical devices, advanced energy technologies, and everyday consumer products. Nearly three out of four Americans also believe federal regulators can create practical, science-based rules that protect public health without costing American jobs or making our country less competitive.
In 2016, Congress took an important bipartisan step toward finding that balance by updating Section 6 of the Toxic Substances Control Act, commonly known as TSCA. The goal was simple: give the Environmental Protection Agency (EPA) clear authority to review existing chemicals using modern science and a realistic understanding of both potential hazards and how people are actually exposed to them.
Unfortunately, the way these reforms have been carried out has moved away from what Congress intended. Today, 68% of Americans support updating TSCA, and 62% believe Congress should use its authority to make needed changes to how the program is being managed.
One major problem is how the EPA evaluates workplace exposure. Instead of looking at how chemicals are actually handled in workplaces, the agency often uses extremely cautious, hypothetical scenarios. For example, the EPA may assume workers are exposed to chemicals without safety equipment, even when Personal Protective Equipment (PPE) is required under Occupational Safety and Health Administration (OSHA) rules. In fact, 63% of Americans agree that the EPA should consider the real-world use of PPE when determining whether a chemical is safe.
The EPA has also tried to evaluate nearly every possible use of a chemical instead of focusing first on the uses that present the greatest real-world risks. This has contributed to a growing backlog and made it difficult for the agency to meet required deadlines. Manufacturers and other businesses are then left waiting for answers, sometimes for long periods of time, while EPA resources are pulled away from the areas where they may be needed most.
There are common-sense ways to improve this process. The EPA should recognize OSHA’s expertise in workplace safety, use a clear and transparent testing process, focus reviews on the main ways chemicals are actually being used, and establish reasonable thresholds so very small, low-risk exposures are not treated the same as more serious risks.
West Virginia’s leadership in Washington can play an important role in making these changes.
As Chairman of the Senate Environment and Public Works Committee, which oversees the EPA, Senator Shelley Moore Capito is in a strong position to address these problems. Senator Capito has consistently supported practical, science-based policies that hold federal agencies accountable while protecting West Virginia workers and jobs. Her work examining how TSCA is being implemented can help bring greater clarity, consistency, and common sense to the process.
Improving chemical oversight does not mean cutting corners on safety. It means using good science and real-world information to create regulations that protect workers and communities while allowing American businesses to compete.
By improving the way TSCA is implemented, we can protect public health, strengthen domestic manufacturing, encourage new investment, and keep West Virginia at the heart of American industry.
Senate President-Lt. Governor Randy E. Smith, R-Preston, represents the Fourteenth Senatorial District, which includes Preston, Tucker, Grant, Hardy, and Mineral counties and part of Taylor County.
