EPA Issues Supplemental Notice of Proposed Changes to its Fees for the Administration of the Toxic Substances Control Act

On November 16, 2022, EPA published a proposal to modify and supplement its previously proposed updates and adjustments to its 2018 final rule for fees under the Toxic Substances Control Act (TSCA). EPA is authorized to collect fees for certain fee-triggering activities under TSCA sections 4, 5, and 6. In this action, the agency is proposing to increase the fee amounts significantly. This is based on the agency’s change in the estimates of its total costs for administering TSCA. EPA continues to provide small businesses an 80 percent discount.

EPA is also proposing a number of other changes, including:

• narrowing previously proposed exemptions for those subject to EPA-initiated risk evaluation fees and proposed exemptions for test rule fee activities;
• modifications to the self-identification and reporting requirements for EPA-initiated risk evaluation and test rule fees;
• providing a partial refund of fees for premanufacture notices withdrawn at any time after the first 10 business days during the assessment period of the chemical;
• modifications to EPA’s proposed methodology for the production volume-based fee allocation for EPA-initiated risk evaluation fees in any scenario where a consortium is not formed;
• expanding the fee requirements to companies required to submit information for test orders;
• modifying the fee payment obligations to require payment by processors subject to test orders; and enforceable consent agreement; and 
• extending the timeframe for test order and test rule payments.

EPA will host a webinar to provide an overview of its proposal on December 6, 2022. Reserve your spot on Eventbrite.com.

Read the proposed rule and submit comments. Comments are due by January 17, 2023.

Advocacy contact: Send an email to Tabby Zeb at tayyaba.zeb@sba.gov or call 202-798-7405.