Energy & Environment

Watchdog knocks Trump EPA over transparency in changes to rule on toxic chemicals use

The offices of the U.S. Environmental Protection Agency in Washington, D.C.

During the Trump administration, the Environmental Protection Agency (EPA) failed to inform the public of “substantive” changes it made to a rule governing uses of toxic chemicals, an internal watchdog said. 

The Biden administration has said that one of those changes weakened the rule, which is related to the use of a group of chemicals known as PFAS.

The EPA made the changes to the rule after it was signed by then-Administrator Andrew Wheeler in 2020 but did not inform the public, the inspector general’s office said. 

The rule in question bars the manufacturing of goods such as carpet, textiles and appliances that contain a subset of PFAS known as long-chain PFAS without the EPA’s approval. 

Exposure to PFAS, or per-and polyfluoroalkyl substances, has been linked to health issues including kidney and testicular cancer as well as thyroid disease. They’re sometimes called “forever chemicals” because they linger in people and the environment.

In its report issued Thursday, the inspector general’s office said that changes were made to the rule after the rule was approved, including removal of language clarifying which imported items were considered coated with the substances. 

Wheeler later issued a compliance guidance on that matter, but current Administrator Michael Regan withdrew it, saying it weakened the rule.

EPA staff told the watchdog that the changes in question were made by someone in the Trump White House, but the report said that staff did not identify the person. 

The probe was requested by Senate Environment and Public Works Committee Chairman Tom Carper (D-Del.), who warned of “potential irregularities” during the rule’s finalization. He accused an official named Nancy Beck, who was serving at the White House during that period but previously worked for the EPA, of being involved. 

A spokesperson for the EPA denied the accusation at the time, calling it “baseless.”

Carper’s office had also previously released documents showing that the White House had pressed for changes to the rule.