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NACD Press Release

Arlington, VA
March 26, 2021

Lucinda Schofer
(571) 482-3044

NACD Expresses Substantial Concerns with EPA TSCA Fees Revisions Proposed Rule


Arlington, VA – The National Association of Chemical Distributors (NACD) today submitted comments in response to the U.S. Environmental Protection Agency’s (EPA) Proposed Rule on Fees for the Administration of the Toxic Substances Control Act (TSCA), docket EPA-HQ-OPPT-2020-0493.

NACD has substantial concerns with EPA’s proposed rule because it proposes to nearly double the cost of risk evaluations unjustifiably and adds three unnecessary new fee categories for EPA activities. Furthermore, the proposed rule fails to provide adequate information on and justification for EPA’s proposed cost increases.

When TSCA was first being negotiated, the business community supported industry fees as an effective and fair way to support the EPA’s activities within reasonable limits. It was critical to industry, however, that the fees be properly justified, the agency’s costs be transparent, and the fees be used to match resources with actual needs. NACD appreciates EPA’s efforts to establish a clear and fair system for administering TSCA user fees, but the proposed rule does not meet this objective. The proposed unjustified and excessive increases will pose significant hurdles for chemical companies, especially small businesses.

“Financial predictability in business is always important; but today, as so many businesses are fighting for their very existence because of COVID-19-related economic challenges, this is even more critical,” said Eric R. Byer, NACD president and CEO. “NACD and our members urge EPA to avoid placing oppressive financial burdens on the chemical industry through new fee categories and increasing fees by significant amounts without justification, as this proposed rule would do.”

NACD is asking for predictability, flexibility, and protections for small businesses in whichever fee structure EPA chooses. NACD recommends EPA expand the timeline for manufacturers to exit the market, enhance predictability of payments by providing fee estimates, establish fee caps for small business concerns, and provide an in-depth economic analysis of the agency’s costs to help industry respond to whether the proposed cost increases are appropriate.


NACD and its nearly 400 member and Affiliate companies are vital to the chemical supply chain providing products to over 750,000 end users. NACD members are leaders in health, safety, security, and environmental performance through implementation of Responsible Distribution, established in 1991 as a condition of membership and a third-party-verified management practice. For more information, visit

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