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Jon Corley
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WASHINGTON (February 27, 2018) – The American Chemistry Council’s (ACC) Vice President for Regulatory and Technical Affairs Michael Walls issued the following statement in response to EPA’s proposed rule for User Fees for the Administration of the Toxic Substances Control Act (TSCA) as published in the federal register:

“ACC strongly supported the expansion of EPA’s authority to collect fees to help defray the costs of administering the amendments made by the Lautenberg Chemical Safety Act (LCSA). EPA’s publication of the proposed rule marks another important step in the implementation of the amended law. Although ACC is still in the process of reviewing the proposed rule, it is apparent that there are several critical areas that must be addressed to ensure the final rule is fair, efficient and meets the intent of Congress.

“The business of American chemistry is built on innovation and our competitive position in the global market. It is especially important that those considerations inform EPA’s decisions on increased fees for new chemicals reviews. The proposed rule raises new chemicals fees by 540 percent—and potentially as high as 628 percent. Such an overwhelming increase in cost to companies could well stifle innovation and endanger the U.S. industry’s significant global competitive advantage and create disincentives to bringing new chemistries to market first in the U.S.

“It is also critical that EPA account for the significant costs that manufacturers and processors incur when generating data of voluntary submissions for risk evaluations or when required under a section four test rule, order or consent agreement. Assessing a fee for submissions of that data or information would effectively charge manufacturers and processors a second time. EPA has provided no justification for overturning the existing 32-year-old policy not to assess fees for the submission of section four data. Worse, the proposal fails to recognize the disincentive that it creates for the manufacturer-requested review process as outlined by LCSA. By charging manufacturers for submitting to the agency information they’ve already spent substantial sums to generate, EPA’s proposal severely undermines a critical goal of the amended TSCA: to incentivize and accelerate more risk evaluations.

“Finally, it is clear that in providing expanded fee authority Congress also expected that increased fees would be offset by more efficient and effective decision-making under TSCA. It is critical that EPA continue to work on process improvements to ensure that the TSCA fee revenue is applied to support the objectives of the LCSA. We are committed to working constructively with the agency to ensure the amended TSCA is implemented in a way that protects health and the environment while promoting U.S. manufacturing and America’s place as the world’s leading innovator.”


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