EPA Takes Action to Address Concerns with TSCA Fees

For Release: March 9, 2020

EPA is working to address issues identified with implementation of the TSCA Fees Rule. The agency is actively seeking ways to address the many implementation impracticalities that have been brought to our attention and to reduce concerns by affected entities. 

As a first step, the agency is extending the comment period by 60 days for the preliminary lists of manufacturers (including importers) subject to fees associated with EPA-initiated risk evaluations under TSCA. During the comment period extension, EPA will continue to receive input from the regulated community and analyze options to address some of the implementation challenges with the final rule and reduce stakeholder concerns.

In January, the agency published preliminary lists of businesses that manufacture (including import) the 20 chemicals prioritized for risk evaluation in December of 2019 in docket EPA-HQ-OPPT-2019-0677. Under the TSCA Fees Rule, manufacturers (including importers) of each chemical are responsible for paying the fee associated with EPA-initiated risk evaluations. EPA is now extending that comment period until May 27, 2020.

This public comment period provides an opportunity for all manufacturers (including importers) of these 20 high-priority chemicals to report to EPA and identify whether they are actively involved in the manufacture and/or import of these chemicals. As the agency works through implementation issues with the final rule, more guidance will be coming on reporting requirements and expectations during this period. This is also a time when businesses can certify as a “small business concern” and receive a reduced fee, or to make certain other certifications and avoid fee obligations. 

The preliminary lists of the manufacturers/importers can be found in docket EPA-HQ-OPPT-2019-0677. Additional information on the TSCA Fees Rule and associated requirements for self-identification can be found at https://www.epa.gov/tsca-fees.