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EPA/OCSPP RIN: 2070-AK64 Publication ID: Fall 2022 
Title: Fees for the Administration of 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. However, in light of public comments, EPA has decided to issue a supplemental proposal and seek additional public comment on changes to the January 2021 proposal. 
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 
CFR Citation: 40 CFR 700   
Legal Authority: 15 U.S.C. 2625 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) provides EPA with authority to establish fees to defray approximately but not more than 25 percent 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  01/11/2021  86 FR 1890   
Supplemental NPRM  11/16/2022  87 FR 68647   
SNPRM Comment Period End  01/17/2023 
Final Rule  09/00/2023 
Additional Information: EPA-HQ-OPPT-2020-0493.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
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