The American Chemistry Council (ACC) and twelve trade associations representing diverse sectors of the economy have sent a letter to Congressional Leadership, urging support for H.J.Res.161 and S.J. Res 100, Congressional Review Act resolutions to disapprove of the Environmental Protection Agency’s (EPA) HON final rule.

“ACC and our members are committed to helping protect our employees and communities while continuing to provide the innovative products and materials made possible by chemistry,” said Chris Jahn, President and CEO of the American Chemistry Council. “While we appreciate some of the changes EPA made to the final rule, the Agency still used its discretion to ignore costs and relies on severely flawed science and outdated facility emissions data. The resulting requirements could jeopardize access to critical chemistries needed for our national priorities, including healthcare access, electric vehicles, and semiconductors. We urge Congress to pass this bicameral resolution and look forward to continuing to engage with EPA to develop science-based regulations that support American competitiveness.”

The EPA’s rule, “New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry” (the HON rulemaking), targets over 200 chemical plants and could limit manufacture of critical chemistries, including ethylene oxide. 

Ethylene oxide is one of the most important raw materials used in large-scale chemical production. It plays an integral role in a wide variety of applications across the agriculture, semi-conductor, construction, healthcare, cleaning, transportation, and oil and gas sectors.

In EPA’s final rulemaking, the Agency chooses to apply a deeply flawed toxicity value for ethylene oxide derived from the Integrated Risk Information System (IRIS). This IRIS value defies reason—it is 23,000 times lower than naturally occurring levels found in the human body. As a result, some of the new restrictions threaten to affect the production of chemistries that are needed for countless everyday products and are used in key industries, including agriculture, healthcare, semiconductors, and electric batteries.

Read the coalition letter to Congress here.