EPA Publishes Final Rule on Fees for TSCA Administration

By Chelsea Lane, Senior Regulatory Specialist, Supply Chain team, UL Solutions

On February 21, 2024 the U.S. Environmental Protection Agency (EPA) published a Final Rule called “Fees for the Administration of the Toxic Substances Control Act (TSCA).” This final rule finalizes amendments to a 2018 final rule that established fees for the administration of TSCA. Per the 2016 Lautenberg Act, the EPA has the authority to collect fees from eligible TSCA activities to provide payment for “a portion 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 from disclosure as appropriate under TSCA section 14 information on chemical substances under TSCA.”

Those who manufacture (including import), process, or distribute in commerce a chemical substance and are required to submit information to EPA under TSCA sections 4 or 5, or those who manufacture a chemical substance that is the subject of a risk evaluation under TSCA section 6(b) may be affected.

Please see Table 8 from the preamble to the final rule which summarizes the changes in the TSCA fees per category, below:

Note that there are reduced fees for small business concerns, as defined at 40 CFR § 700.43, which can be found in Table 9 in the preamble:

This rule is effective on April 22, 2024.

References

Environmental Protection Agency, Federal Register, Vol. 89, No. 35, February 21, 2024

EPA’s Announcement on the Final TSCA Fees Rule