EPA Proposes Changes to TSCA Fee Rule

On January 11, 2021, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would update and modify EPA’s 2018 Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq.) “fee rule” (83 Fed. Reg. 52,694 (Oct. 17, 2018) (codified at 40 C.F.R. Part 700)), which was applicable to fiscal years 2019, 2020, and 2021.  

Section 26(b) of TSCA requires EPA, after consultation, to review and, if necessary, adjust applicable TSCA fees every three years. The proposed rule updates the Agency’s 2018 fee calculation methodologies and cost estimates for administering TSCA and proposes to modify fees and fee categories for fiscal years 2022, 2023, and 2024.   

The proposal seeks to create three new fee categories:  (1) bona fide inquiry (see 40 C.F.R. § 720.25) fees; (2) fees for Notices of Commencement of Manufacture or Import (NOC) (see 40 C.F.R. § 720.102); and (3) an additional fee when a company resubmits data for a section 4 test order. The proposed fees for bona fide inquiries and NOCs would effectively add $1,000 (for non-small businesses) to the cost of bringing a new chemical to market in the U.S. The fees associated with these additional fee categories are summarized in the table below:

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