EPA’s Proposed Toxic Substance Control Act Fee Revisions

On January 11, 2021, EPA proposed revisions for its 2018 fees rule under the Toxic Substance Control Act (TSCA).  EPA is required to review and adjust the fees, if necessary, every three years. Among the proposed changes, EPA is adding new fee categories and providing exemptions for some fee-triggering activities. For example, EPA is proposing to exempt three categories of manufacturers from EPA-initiated risk evaluation fees: importers of articles containing the chemical substance, manufacturers of the substance that is produced as a byproduct, and manufacturers of the substance that is produced or imported as an impurity.

EPA has also proposed various changes to adjust its fees including a new production volume-based allocation for EPA-initiated risk evaluation fees. Regarding this change, EPA acknowledges that the incorporation of a production volume fee calculation may result in some small businesses paying higher fees if they produce more than other manufacturers. As a result, EPA is specifically requesting comments on its new cost methodology, its impact on small businesses, and whether caps for fees should be considered for small businesses.

Comments are due on February 25, 2021.

Read the proposal and submit comments here.

Advocacy contact: Tabby Zeb at (202) 205-6790 or email at tayyaba.zeb@sba.gov.