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EPA/OCSPP RIN: 2070-AK64 Publication ID: Spring 2021 
Title: Revisions to the Fees Rule Under the Toxic Substances Control Act (TSCA) 
Abstract:

In January 2021, EPA proposed updates and adjustments to the 2018 fees rule established under the Toxic Substances Control Act (TSCA). TSCA requires EPA to review and, if necessary, adjust the fees every three years, after consultation with parties potentially subject to fees. EPA proposed modifications to the TSCA fees and fee categories for fiscal years 2022, 2023 and 2024, and explained the methodology by which the proposed TSCA fees were determined. EPA proposed to add three new fee categories: A Bona Fide Intent to Manufacture or Import Notice, a Notice of Commencement of Manufacture or Import, and an additional fee associated with test orders. In addition, EPA proposed exemptions for entities subject to certain fee triggering activities; including: An exemption for research and development activities, an exemption for entities manufacturing less than 2,500 lbs. of a chemical subject to an EPA-initiated risk evaluation fee; an exemption for manufacturers of chemical substances produced as a non-isolated intermediate; and exemptions for manufacturers of a chemical substance subject to an EPA-initiated risk evaluation if the chemical substance is imported in an article, produced as a byproduct, or produced or imported as an impurity. EPA updated its cost estimates for administering TSCA, relevant information management activities and individual fee calculation methodologies. EPA proposed a volume-based fee allocation for EPA-initiated risk evaluation fees in any scenario where a consortium is not formed and is proposing to require export-only manufacturers to pay fees for EPA-initiated risk evaluations. EPA also proposed various changes to the timing of certain activities required throughout the fee payment process.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
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 
Timetable:
Action Date FR Cite
NPRM  01/11/2021  86 FR 1890   
NPRM Comment Period Extended  02/23/2021  86 FR 10918   
Final Rule  10/00/2021 
Additional Information: Docket #:EPA-HQ-OPPT-2020-0493
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.epa.gov/tsca-fees   Public Comment URL: https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0493-0001  
Sectors Affected: 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 424 Merchant Wholesalers, Nondurable Goods 
RIN Data Printed in the FR: No 
Agency Contact:
Marc Edmonds
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
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