ACA, Industry Coalition Seek Forbearance of TSCA Risk Evaluation User Fees

Last week, ACA and a coalition of industry groups sent a letter to the U.S. Environmental Protection Agency (EPA), seeking forbearance of the risk evaluation user fees under the Toxic Substances Control Act (TSCA) for 12 months because of the COVID-19 pandemic.

ACA and the other industry groups asked EPA to defer the TSCA user fee payments for 12 months beyond final publication of the scoping documents for risk evaluations. The coalition stated that would allow essential businesses to conserve critical operating capital while working together to overcome the virus and bring stability back to the economy.

Notably, the letter underscored that the coalition is only seeking forbearance of the payment of the TSCA risk evaluation fees, “we are not seeking forgiveness of the fees.”

American chemical manufacturers are providing vital products in the fight against COVID-19. Products like biocides, bleach, antibacterial soap, hand sanitizers, antimicrobial disinfectants, detergents, medical equipment, personal protective equipment, sterile packaging for medical goods, pharmaceuticals, and other items are on the front lines of this pandemic. Many of these companies are also donating essential supplies such as PPE and sanitizers.

“At the same time, this necessary pausing of the economy has created unprecedented and unforeseen challenges to these businesses. Quarantines, interruptions to supply chains, and diminished demand for goods are straining resources. Manufacturers are faced with enormous liquidity issues and are striving to manage cash-flow. For these reasons, we respectfully request you defer TSCA risk evaluation user fee payments for 12 months beyond final publication of the scoping documents for risk evaluations,” the letter stated.

Doing so, would provide some relief to the industry essential businesses while the economy hopefully stabilizes.

The letter noted that “Section 26(b) of TSCA states that the Administrator ‘may’ impose fees for risk assessments, but also states that EPA may ‘take into account the ability to pay of the person required to pay such fee.’ The uncertain economic conditions that may exist in the fall when the user fees are currently scheduled to be due may make user fee payments challenging.”

Contact ACA’s Heidi McAuliffe for more information.

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