TSCA User Fees to Increase Substantially

Posted on 2/26/2024 by Nick Waldron

US EPA has finalized amendments to the Toxic Substances Control Act (TSCA) User Fees rule including substantial increases to the fees that chemical industry stakeholders are subject to.

TSCA requires the Agency to review these fees every three years and adjust them if necessary. The revised fees will take effect with the final rule on April 22, 2024.

EPA also finalized changes to:

EPA’s total costs for administering TSCA.
Exemptions related to User Fees.
Timeframes for certain fee payments and notices.
Requirements related to EPA-initiated risk evaluation and test rule fees.
Fee requirements for companies required to submit information for test orders.
Fee payment obligations of processors subject to test orders and enforceable consent agreements (ECA).

See the Final Rule.

Chart: Revised TSCA User Fees

Fee Category	Before	After
Test orders	$11,650	$25,000
Test rule	$35,080	$50,000
Enforceable consent agreement	$27,110	$50,000
PMN (and others)	$19,020	$37,000
EPA-initiated risk evaluation	$1,605,000	$4,287,000

Why and How are TSCA User Fees Used?

EPA established TSCA User Fees to offload some of the Agency’s TSCA-related costs onto businesses who manufacture and import chemicals. The fees cover part of the cost of evaluating and regulating chemicals under TSCA.

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Tags: chemical risk evaluations, chemicals, lautenberg, TSCA

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