Toxic Substances Control Act Risk Evaluation User Fees: American Coatings Association and other Organizations Submit Request to U.S. Environmental Protection Agency for Deferral

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The American Coatings Association and six other organizations submitted an April 30th request to the United States Environmental Protection Agency (“EPA”) requesting a deferral of the Toxic Substances Control Act (“TSCA”) risk evaluation user fees it assesses.

The other organizations authoring the request include:

  • Adhesive and Sealant Council
  • Chlorine Institute
  • Color Pigments Manufacturers Association
  • National Association of Chemical Distributers
  • SOCMA
  • Vinyl Institute

EPA requires payment of fees from manufacturers of high-priority chemical substances undergoing a TSCA risk evaluation. TSCA provides EPA the authority to charge fees to manufacturers and importers for the risk evaluations of chemicals in commerce. The federal agency has designated certain chemicals as “high-priority” which move directly into the risk evaluation process.

The American Coatings Association and other organizations are requesting deferral of the user fees for 12 months beyond final publication of the scoping documents for risk evaluations. The rationale for the request is to:

. . . allow these essential businesses to conserve critical operating capital while we work together to overcome this deadly virus and bring stability back to the economy.

The letter notes that chemical manufacturers are “providing vital products in the fight against COVID-19” (referencing biocides, bleach, antibacterial soap, hand sanitizers, etc.).

A copy of the April 30th letter can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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