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U.S. EPA’s Proposed Rule to Modify User Fees under TSCA

The United States Environmental Protection Agency (EPA) has published a Proposed Rule which announced proposed amendments and adjustments to the 2018 fees rule under the Toxic Substances Control Act (TSCA).  The proposed rule announced modifications to fees that affects both new and existing chemicals under TSCA for fiscal years 2022, 2023 and 2024. 

The EPA is proposing to add three new user fee categories:

  • Bona Fide Intent to Manufacture or Import Notice;

  • Notice of Commencement of Manufacture or Import;

  • Additional fee associated with Test Orders.

In addition, the EPA is proposing to carve out exemptions for existing chemicals that are subject to EPA-initiated risk evaluation fees under TSCA section 6(b) including:

  • Substances only manufactured for the purpose of Research and Development;

  • Entities manufacturing less than 2,500 lbs. of a chemical substance;

  • Manufacturers producing the substance as a non-isolated intermediate;

  • Manufacturers producing the substance as a by-product;

  • Importers of the substance as part of an article;

  • Manufactures and importers of the substance as an impurity.

EPA is also planning to require export-only manufacturers to pay fees for substances subject to EPA-initiated risk evaluations.

In addition, the EPA is updating its cost estimates for TSCA management activities and individual fee collection methodologies.  The EPA is proposing volume-based fee allocation for EPA-initiated risk evaluation fees for any substance where a consortium is not formed.   Currently, the fees allocation are on a per capita basis.

The proposed changes to the TSCA fees are identified in the table below (outlined in Red).

changes-to-tsca-fee.pngThere currently is no proposal to change the definition of a Small and Medium Enterprise (SME) according to TSCA, and SMEs will receive discounts according to the 2018 fees rule.  The proposed fees for SMEs are shown in the screen shot below with the changes highlighted in red boxes.

changes-to-tsca-fee-amounts-from-small-business.pngThere are currently no proposed changes to the fees for Section 5 notices under TSCA (PMN, SNUN, LVE, LoREX, etc.). 

EPA will accept comments through February 25, 2021.  Comments must be submitted through the Federal eRulemaking Portal according to online instructions which are found at http://www.regulations.gov.  Refer to docket identification number (ID) EPA–HQ–OPPT–2020–0493 when making comments.

The full text of the Proposed Rule can be found below:

https://www.govinfo.gov/content/pkg/FR-2021-01-11/pdf/2020-28585.pdf

If you have questions regarding the fees and how the proposed changes might impact your company, please contact us at TSCA@reach24h.com

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