ACC Issues Statement on Court Decision Rejecting EPA’s Whole Chemical Approach
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The American Chemistry Council (ACC) has issued a statement about the Fifth Circuit’s decision regarding methylene chloride. In the statement, the ACC welcomed the decision, stating that it “reinforces that TSCA decisions must be grounded in science, evidence, and real-world conditions.”
The ACC stated that decision provides a foundation for what it characterized as current EPA efforts “to bring greater transparency, stakeholder engagement, and regulatory certainty to TSCA implementation.”
“For years, ACC has maintained that TSCA requires EPA to evaluate and manage risk based on individual conditions of use and the best available science, including consideration of existing workplace protections and real-world exposure information. The Court agreed, rejecting EPA’s improper ‘whole chemical’ approach and affirming that risk determinations must consider individual conditions of use, including proven workplace protections such as personal protective equipment. The Court highlighted the need for EPA’s risk management approach to consider current OSHA standards and exposure limits as well as the economic consequences of restrictions. The ruling makes clear that TSCA is designed to manage unreasonable risk through targeted, evidence-based regulation and is not a zero-risk statute,” the ACC said in its statement.
Finally, the ACC noted that the decision “addresses policy interpretations adopted during the previous Administration's implementation of TSCA, giving EPA and stakeholders important clarity for future TSCA reviews. It emphasizes that chemical evaluations must be based on the statute, sound science, and practical risk-management principles.”
Learn more about ACC at americanchemistry.com.
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