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EPA/OCSPP RIN: 2070-AK64 Publication ID: Fall 2023 
Title: Fees for the Administration of the Toxic Substances Control Act (TSCA) 

EPA is considering comments on the 2022 supplemental proposal to its 2021 proposed updates and adjustments to the 2018 fees rule established under the Toxic Substances Control Act (TSCA) to inform the development of a final rule. TSCA requires EPA to review and, if necessary, adjust the fees every three years, after consultation with parties potentially subject to fees. With over five years of experience administering the TSCA amendments of 2016, EPA is taking this action to ensure that the fees charged accurately reflect the level of effort and resources needed to implement TSCA in the manner envisioned by Congress when it reformed the law. The supplemental proposal narrowed certain proposed exemptions for entities subject to the EPA-initiated risk evaluation fees and proposed exemptions for the test rule fee activities; proposed modifications to the self-identification and reporting requirements for EPA-initiated risk evaluation and test rule fees; proposed a partial refund of fees for premanufacture notices withdrawn at any time after the first 10 business days during the assessment period of the chemical; proposed modifications to EPA's proposed methodology for the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; proposed expanding the fee requirements to companies required to submit information for test orders; proposed modifying the fee payment obligations to require payment by processors subject to test orders and enforceable consent agreements (ECA); proposed extending the timeframe for test order and test rule payments; and proposed changes to the fee amounts and the estimate of EPA's total costs for administering TSCA. During development of this rulemaking, EPA consulted and met with stakeholders that were potentially subject to fees, including public webinars in February 2021 and December 2022. This engagement will inform the final rule.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
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. 2625 Toxic Substances Control Act   
Legal Deadline:
Action Source Description Date
Final  Statutory  TSCA section 26(b)(4)(F) requires EPA to review and, as appropriate, adjust the fees every three years to reflect changes in program costs.  10/01/2021 
Action Date FR Cite
NPRM  01/11/2021  86 FR 1890   
Supplemental NPRM  11/16/2022  87 FR 68647   
Final Rule  02/00/2024 
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: No 
RIN Information URL:   Public Comment URL:  
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 7404M,
Washington, DC 20460
Phone:202 566-0758

Victoria Ellenbogen
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
Mail Code 7404M, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-2053