Lafayette Reporter

Sen. John Kennedy (R-La.) introduced a Congressional Review Act (CRA) resolution of disapproval against the Environmental Protection Agency’s (EPA) rule restricting the production of essential chemicals. The regulation, according to Kennedy, threatens America’s economy and national security.

“The EPA’s burdensome regulation of American chemical producers is just the latest example of the Biden administration’s determination to kill American jobs and manufacturing. Congress cannot allow unelected bureaucrats at the EPA to use flawed data to hamstring Louisiana’s chemical industry and hinder American manufacturers’ ability to access the chemicals they need to keep our economy humming,” said Kennedy.

The resolution has garnered support from Sens. Bill Cassidy (R-La.), Mike Braun (R-Ind.), James Lankford (R-Okla.), and Marsha Blackburn (R-Tenn.). In the House of Representatives, Rep. Clay Higgins (R-La.) introduced a similar resolution.

“The Biden administration continues to put America last through their Green New Deal, job-killing energy policies. The implications of this rule undermine American jobs and domestic manufacturing. While it is important that we take a balanced approach when considering the environmental impacts of our energy resources, we cannot forcibly shut down companies that do not align with agenda-driven leftist policies. We must prioritize America first,” said Higgins.

Chris Jahn, President and CEO of the American Chemistry Council, expressed appreciation for Kennedy's efforts: “ACC and our members appreciate Senator Kennedy for his leadership to advance science-based rulemaking and to protect American innovation. While we appreciate some of the changes EPA made to the final rule, the Agency still relies on severely flawed science and outdated facility emissions data. This jeopardizes 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 recently issued a final rule on “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.” This rule imposes strict emissions limits on producers of ethylene oxide, neoprene, and other crucial manufacturing materials, affecting over 200 U.S. chemical plants, including several in Louisiana.

The Biden administration based these new emissions thresholds on data from the EPA’s Integrated Risk Information System (IRIS), which was never authorized by Congress for regulatory use. IRIS was intended to compile peer-reviewed data reflecting scientific consensus on potential health hazards but has been criticized for relying on controversial studies.

For instance, IRIS set an acceptable limit for ethylene oxide at a level significantly lower than what occurs naturally in the human body. Several agencies have warned that IRIS's risk assessments are based on unsound data; these include the EPA’s Human Studies Review Board, Office of Management and Budget, Department of Defense, and Small Business Administration.

In addition to stringent emission levels, businesses have only 90 days to comply with these new thresholds. A Louisiana neoprene producer indicated that such tight deadlines could cause "irreparable harm" and potentially force facility closures.

Text of Kennedy's resolution can be found here.