Creates a positive and predictable business environment

  • It provides regulatory certainty to businesses throughout the value chain, from raw material producers to retailers, with a strong national chemical regulatory program.
  • EPA decisions will be based on risk, meaning that hazards, use, and exposure will be considered when determining if a chemical can be used safely, ensuring decisions are consistent with real-world circumstances.

Strengthens transparency and quality of science so EPA decisions are more credible

  • EPA must use the best-available science and the weight of the evidence to make decisions, meaning the greatest weight will be given to the highest-quality and most relevant studies.
  • EPA’s work must be available to the public, Congress, and the regulated community for comment.

Creates a strong national chemical regulatory system that facilitates interstate commerce and protects all American families, while acknowledging the role of states

  • EPA’s final decisions will preempt existing and future state regulations.
  • Preemption of state restrictions will be limited to the scope of EPA risk evaluations.
  • Any state prohibition or restriction of a chemical enacted before April 22, 2016, and any other state law enacted before August 31, 2003, will not be preempted.
  • States must “pause” efforts to enact new chemical restrictions while EPA conducts a risk evaluation unless the state first obtains a waiver from EPA. This “pause” will not apply to Work Plan Chemicals or manufacturer requests.
  • States may seek waivers from the preemptive effect of the “pause” if a state has made significant progress toward regulating a chemical EPA is evaluating and from final EPA decisions.
  • State reporting, monitoring, and other information requirements and state actions under existing traditional air and water quality laws are not preempted.

Protects important manufacturer priorities

  • Industry can request that EPA complete a risk evaluation on a limited number of specific chemicals if the manufacturer covers costs (100 or 50 percent depending on the chemical) in order to obtain a clear EPA decision about a chemical’s safety and address any customer or consumer questions.
  • EPA will consider costs and benefits when developing regulations or restrictions on chemicals, but EPA will not consider costs when determining if a chemical meets the safety standard.