The final fees rule for the administration of the amended Toxic Substances Control Act (TSCA) was published on October 17 and establishes EPA’s authority to collect fees to defray a portion of the costs of implementing TSCA. The rule applies to manufacturers and processors whom submit information under TSCA Section 4; submit notifications for new chemicals or significant new uses of chemicals under TSCA Section 5; or manufacture or process a chemical subject to a risk evaluation under TSCA Section 6. The notable changes of likely interest are the increase of Premanufacture notice (PMN) from $2500 to $16,000 and the establishment of an EPA-initiated risk evaluation fee of $1,350,000 or $2,500,00 for manufacturer requested evaluations.
The risk evaluation fee is determined by a retrospective identification of manufacturers utilizing the Chemical Data Reporting (CDR) or as HCPA encouraged, provides an opportunity for consortium formation to allow for broader representation and distribution of fees amongst interested manufacturers and processes. There are numerous other categories of fees and reduced fees for small businesses, now based upon the number of employees. Companies are encouraged to review the entire rule for the comprehensive details on the applicable fees and categories. The fees apply to fiscal years 2019, 2020 and 2021 and do not apply to the first 10 chemicals under risk evaluation.