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EPA/OCSPP RIN: 2070-AK64 Publication ID: Fall 2020 
Title: Revisions to the Fees Rule Under the Toxic Substances Control Act (TSCA) 
Abstract:

EPA is reviewing the final rule issued in 2018 under section 26(b) of the Toxic Substances Control Act (TSCA) that established the requirements and procedures for setting and collecting fees from chemical manufacturers (including importers) and, in some cases, processors. TSCA section 26(b) directs EPA to collect fees in order to defray some of the Agency's costs related to activities under TSCA sections 4, 5, and 6, and the costs for collecting, processing, reviewing, and providing access to and protecting information about chemical substances from disclosure as appropriate under TSCA section 14. TSCA section 26(b)(4)(F) requires EPA to review and adjust the fees established in this rule every three years, and to consult with parties potentially subject to fees when the fees are reviewed and updated to reflect changes in program costs. In addition to possible revisions resulting from this review, consistent with its announcement in March 2020, EPA will also consider proposing exemptions to the current Rule's self-identification requirements associated with EPA-initiated risk evaluations for manufacturers that (1) import the chemical substance in an article; (2) produce the chemical substance as a byproduct; and (3) produce or import the chemical substance as an impurity.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 40 CFR 700   
Legal Authority: 15 U.S.C. 2601 et seq., Toxic Substances Control Act   
Legal Deadline:
Action Source Description Date
Final  Statutory  TSCA section 26(b)(4)(F) requires EPA to review and adjust the fees established in its 2018 rule every three years to reflect changes in program costs.  10/01/2021 

Statement of Need:

The Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq., as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016 (Pub. L. 114-182) (Ref. 1), provides EPA with authority to establish fees to defray a portion of the costs associated with administering TSCA sections 4, 5, and 6, as amended, as well as the costs of "collecting, processing, reviewing, and providing access to and protecting information about chemical substances from disclosure as appropriate under TSCA section 14.

Summary of the Legal Basis:

This rule is being promulgated under TSCA section 26(b), 15 U.S.C. 2625(b).

Alternatives:

EPA is considering options for setting fees for each of the fee-trigger activities as well as allocating the fees more equitably among fee payers.

Anticipated Costs and Benefits:

The proposed fee levels will be determined by estimating the total annual costs of administering relevant activities under TSCA sections 4, 5, 6 and 14; identifying the full amount to be defrayed ( i.e., 25% of those annual costs); and allocating that amount across the fee-triggering activities. The principal benefit of the rule is to provide EPA a sustainable source of funding necessary to implement TSCA as mandated under the Frank R. Lautenberg Chemical Safety for the 21st Century.

Risks:

This action will not establish an environmental standard intended to mitigate environmental health risks or safety risks.

Timetable:
Action Date FR Cite
NPRM  12/00/2020 
Final Rule  10/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/tsca-fees  
Sectors Affected: 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing 
RIN Data Printed in the FR: No 
Agency Contact:
Marc Edmonds
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
7404T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-0758
Email: edmonds.marc@epa.gov

Victoria Ellenbogen
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
Mail Code 7404T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-2053
Email: ellenbogen.victoria@epa.gov