Covid-19 Isn’t Pausing EPA’s Chemical Deadlines, Attorneys Say

Chemical manufacturers can’t blame the coronavirus if they miss regulatory deadlines or deadlines to comment on EPA plans that may ultimately limit the chemicals they can use, industry attorneys say.
Companies making and using chemicals have been stretched thin, addressing workforce, supply chain disruptions, and other Covid-19 challenges. The Environmental Protection Agency has recognized businesses could face logistical obstacles complying with some environmental regulations and offered leniency under such circumstances. But “don’t count on enforcement leniency” for Toxic Substances Control Act (TSCA) regulations, said Thomas C. Berger, a partner focusing on chemicals and enforcement issues at Keller and Heckman LLP. Putting TSCA obligations on the back burner could result in fines and lost opportunities to make the case they’re safely using certain chemicals the EPA could regulate, attorneys said in recent interviews.