Legislative Update: VI Submits Comments for VCM Risk Evaluation, President Biden Signs Spending Package

VI Submits Comments on EPA’s TSCA Risk Evaluation of Vinyl Chloride

The public comment period to file comments to Environmental Protection Agency’s (EPA) request for further information on the potential risks of vinyl chloride ended on March 18.  Vinyl chloride (VC) is one of five chemicals that are part of EPA’s prioritization process as candidates for designation as High-Priority Substances for risk evaluation under the Toxic Substances Control Act (TSCA).  VI submitted comprehensive comments supporting  scientific studies demonstrating VC’s safety and urging the EPA to recognize the efficacy of existing regulations.  In light of these points, The Vinyl Institute (VI) asked EPA to refrain from imposing additional regulatory burdens under TSCA.

The VI comments underscore the industry’s commitment to regulatory compliance, worker safety, and environmental protection in vinyl chloride production and processing operations while advocating for practical implementation strategies and stakeholder engagement in the regulatory process. Providing a comprehensive overview of the regulatory landscape, VI emphasizes the efficacy of existing regulations, particularly OSHA’s Vinyl Chloride Standard, in protecting workers and minimizing environmental releases.

VI referenced multiple studies and government reviews, including a report by the European Chemicals Agency (ECHA) on PVC and PVC additives, which highlights compliance with occupational exposure limits and effective risk management measures, encouraging EPA to consider this assessment in determining that VC production and processing do not pose unreasonable risks.  Beyond demonstrating the safety of VC, VI noted the significant reductions in emissions and residual VC levels in finished products since 1974, where exposure limits of 1 part per million was established. Studies show that ambient VC emissions are down 86 percent on a per pound basis despite PVC production increasing 91 percent since 1987.

VI emphasized that VC is crucial to making PVC for pipes, electrical cables, medical devices like IV bags and tubing, windows and roofing membranes and lighter automotive components, while also noting its contribution to climate-friendly refrigerants and blowing agents.

VI stressed the conversion of VC into PVC before reaching consumers, albeit acknowledging the potential presence of residual vinyl chloride in the polymer matrix. Additionally, VI mentioned industry adherence to voluntary standards, such as NSF/ANSI-61 for drinking water pipes, to ensure consumer and environmental protection, citing low instances of VCM detection in drinking water systems according to an EPA review.   In 2010, the EPA found that VC exceeded standards for only 14,000 people out of 226 million people under drinking water systems covered in its review.

The VI further urged collaborative efforts with EPA to ensure comprehensive assessments without unnecessary regulatory burdens.

President Biden Signs $1.2 Trillion Spending Package Ending the Prospect of a Government Shutdown, Greene Files Motion to Oust House Speaker

In the early morning of March 23, President Biden signed a 1,012-page legislative package (H.R. 2882) that consolidates the remaining six of the FY24 12 annual spending bills to finance essential government sectors until September, marking the fiscal year’s end. The comprehensive measure follows months of intricate negotiations and the passage of four stop-gap measures by Congress.

Crafted in adherence to a debt and spending agreement established last year by former House Speaker Kevin McCarthy (R-CA) and President Biden, the bill aims to maintain domestic program spending at relatively stagnant levels. Despite bipartisan backing, the legislation faced opposition from hard-right Republicans in the House, passing with a 286-134 vote.  The Senate then passed the bill 74-24 vote but missed the midnight deadline by a couple of hours.   The White House released a statement saying federal officials at the Office of Management and Budget (OMB) had “ceased shutdown preparations” in anticipation of imminent Senate passage and signing by President Biden.

After its passage in the House, Rep. Marjorie Taylor Green (R-GA) introduced a resolution to vacate the speaker’s chair, which could potentially lead to a floor vote on removing Speaker Mike Johnson (R-LA). However, she did not utilize a procedure to make the resolution privileged immediately, delaying its consideration until after the House returns from its April recess.

Cole Poised to Become House Appropriations Chair After Granger Steps Down  

Rep. Tom Cole (R-OK) has emerged as the clear front-runner to fill the powerful position of House Appropriations Committee chair following Rep. Kay Granger’s (R-TX) announcement on March 22 that she was stepping down early from the position while serving out the rest of her term.   Granger has already announced that she will not seek reelection in the upcoming elections.  Cole has secured support from nine other subcommittee leaders, often known as “Cardinals.”  In a letter, the Cardinals cited Cole’s experience leading the appropriations THUD, LHHS, and Leg Branch subcommittees. They also wrote that Cole “has always been a trustworthy team player within our conference.”

Cole is known for strong relationships across the aisle and as a “budget hawk.” He emphasizes the importance of addressing critical needs while ensuring responsible spending. His support for a balanced budget and inclusive negotiation processes aims to address discontent among appropriators who feel excluded from final leadership deals.

Agriculture Subcommittee Chair Andy Harris (R-MD) and Labor-HHS-Education Subcommittee Chair Robert Aderholt (R-AL) were the only Cardinals not to sign the letter.  Aderholt, who has more seniority, is reportedly considering a bid for the post as a more conservative alternative.  Cole’s favorability is bolstered by the GOP Steering Committee being more aligned with the party’s establishment wing, which is crucial for securing votes to pass spending packages.

Draft TSCA Formaldehyde Review Finds Unreasonable Risk to Humans

On March 15, EPA released its the draft risk evaluation under the TSCA, indicating that the chemical poses an “unreasonable risk” to human health, potentially paving the way for regulatory actions such as bans or restrictions on its use. However, the assessment is less definitive regarding formaldehyde’s link to cancer compared to previous studies, particularly the 2022 toxicological review from the agency’s Integrated Risk Information System (IRIS), which classified formaldehyde as a strong carcinogen.

While the draft acknowledges health risks associated with formaldehyde exposure, including lung damage, asthma, and allergies, it expresses uncertainty regarding the connection between formaldehyde and certain cancers. Specifically, the draft suggests that personal protective equipment (PPE) could mitigate these risks, rather than cancer risks that industry has criticized in other analyses.

This evaluation could pave the way for landmark regulations or even bans on such uses despite industry pushback against the agency’s science and review process. However, the risk management rules that EPA may formulate based on this evaluation are expected to be moderated by the relatively lenient risk findings.

EPA concluded that formaldehyde uses pose no unreasonable risk to “fenceline communities” within a half-mile of the facilities.  Following industrial workers, the EPA preliminary assessment indicates that individuals who regularly utilize specific consumer goods containing formaldehyde are at “the next-highest risk” of exposure to the chemical.

The EPA has scheduled a virtual peer review public meeting of the Science Advisory Committee on Chemicals (SACC) to discuss the draft risk evaluation from May 20-23, 2024. Additionally, a virtual preparatory public meeting for the SACC and the public to address the scope and clarity of the draft charge questions is set for May 7, 2024. These meetings provide opportunities for stakeholders and experts to engage with the agency and provide feedback on the draft evaluation and associated charge questions.

Democrats Push for Limits on Plastics Production at UN Meeting

A group of 33 Democrats, led by Sen. Jeff Merkley (D-OR) and Rep. Jared Huffman (D-CA), urged Secretary of State Blinken to push for robust U.S. action at the upcoming UN INC meeting on plastic pollution in Ottawa. The March 20  letter emphasized the need for a comprehensive international agreement to tackle plastic pollution and climate change simultaneously. The Democrats called for U.S. support for an ambitious agreement that addresses all facets of the plastic pollution crisis, with the aim of enabling Congress to pass implementing legislation. They advocated for three negotiating principles: (1) For limits on plastics production as part of the agreement; (2) called for adopting rules of procedure that stop a small number of plastic-producing countries from “undermining the rest of the world’s efforts to address the plastic production crisis”; (3) parties to the agreement must be allowed the tools to protect themselves and their economies.

The VI is participating in the UN’s Intergovernmental Negotiating Committee (UN INC) on Plastic Pollution meetings and supports a global plastics agreement that creates a circular economy for all plastics and eliminates plastic pollution.  As outlined in our statement on the meetings, VI supports: (1) an ambitious plan to eliminate plastic pollution through an implementable agreement;  (2) the creation of independent national plans of action; (3) flexibility in achieving circularity and oppose any lists of banned or restricted polymers and products; (4) policies that accelerate the implementation of the United Nations Sustainable Development Goals (UN SDGs) and include plastic products.