Article

U.S. EPA Proposes New TSCA User Fees

Posted on: March 8, 2018

by John J. Kowalski, CHMM

Section 26(b) of the Toxic Substances Control Act (TSCA), as amended, provides the U.S. Environmental Protection Agency (EPA or the Agency) with authority to collect fees from “any person required to submit information to EPA under TSCA Section 4 or a notice, including an exemption application or other information, to be reviewed by the Agency under TSCA Section 5, or who manufactures a chemical substance that is the subject of a risk evaluation under TSCA Section 6(b).”  Section 26(b) further provides that EPA can set fee amounts to defray 25% of program implementation costs, subject to an annual cap of 25 million dollars.

On February 26, 2018, the Agency published a proposed rule to establish and collect fees from certain manufacturers (including importers) and processors to defray some of its costs related to activities under TSCA Sections 4, 5, 6, and 14.  The proposed TSCA user fees are summarized in the table below.

TSCA SECTION PROPOSED FEE CATEGORY PROPOSED FEE
4 Test order $9,800
4 Test rule $29,500
4 Enforceable consent agreement $22,800
5 PMN and consolidated PMN, SNUN, MCAN and consolidated MCAN $16,000
5 LoREX, LVE, TME, Tier II exemption, TERA, Film Articles $4,700
6 EPA-initiated risk evaluation $1,350,000
6 Manufacturer-requested risk evaluation on a chemical included in the Work Plan $1,300,000
6 Manufacturer-requested risk evaluation on a chemical not included in the Work Plan $2,600,000

 

With the exception of Manufacturer-requested risk evaluations, EPA has proposed significantly lower fees for small businesses.  Comments on the proposed rule must be received on or before April 27, 2018.

{ Recommended Action Items }

  • Review the proposed rule;
  • Analyze its potential impact on your organization;
  • Consider submitting comments; and
  • Continue to watch this space for information regarding new developments under TSCA.

Reference

Environmental Protection Agency.  “User Fees for the Administration of the Toxic Substances Control Act.”  Federal Register 83 (26 February 2018): 8212-8235.


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