Changes Coming for EPA TSCA Fees Rule

The Environmental Protection Agency (EPA) is looking to amend the Toxic Substances Control Act (TSCA) Fees Rule. On March 25, 2020, the EPA announced in response to stakeholder concerns that they would reconsider how fees related to high priority substance investigations conducted by the EPA are applied to manufacturers and importers.

As the rule is currently written, the fees for any EPA investigation into high priority substances, totalling $1.35 million USD per substance, is currently divided among manufacturers and importers. However, due to the rule’s broad definitions of “manufacturer” and “importer,” article producers were required to self identify to the EPA and were partially responsible for the cost recovery. Additionally, no minimum threshold was included in the original rule, meaning the presence of a high priority substance was in scope even as a byproduct or impurity. This lack of clarity caused significant uproar from manufacturers, importers, and industry and trade associations.

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In response to the objections, the EPA issued a No Action Assurance to companies that produce high priority chemical substances as a byproduct or impurity. This assurance will effectively remove these companies’ requirements until the definitions and scope can be amended.

As laws and regulations evolve, it can be challenging to keep up with requirements. Assent’s regulatory subject matter experts are continuously monitoring the compliance landscape and engaging with industry associations and companies to determine best practices for mitigating risk and maintaining compliance. To learn more about how Assent’s experts can help your business remain compliant, contact us today.