EPA proposed a new rule in February 2018 to require some chemical companies regulated under the Toxic Substances Control Act (TSCA) to pay a “user fee” when submitting certain documents. EPA will use the collected fees to help offset the cost of the Agency’s chemical evaluation efforts. On April 24, EPA extended the deadline for public comments
on the proposal and released supplemental findings regarding fees for small businesses in the chemical sector. Find out how major changes to the chemical management and reporting rules in the “Lautenberg Law” will impact your facility. The TSCA Regulations Online Course is updated to cover new rules and responsibilities and is available anytime, anywhere.
As amended by the Frank R. Lautenberg Chemical Safety for the 21st
Century Act, or “LCSA” for short, EPA has authority to charge fees and recoup up to 25% of the costs of collection, processing, review, and protection of chemical manufacturing and inventory data.
How Will TSCA Fees Impact Small Business?
In the past, EPA was authorized to charge a maximum
fee of $100 to a small business and $2,500 for other regulated entities. The LCSA removed the cap on fees
and authorized EPA to define “small business” with respect to collecting TSCA fees.
Today, under TSCA Section 5, a small business is defined as “any person whose total annual sales in the person’s fiscal year preceding the date of the submission for the applicable Section 5 notice, when combined with those of the parent company (if any), are less than $40 million.”
EPA is working to craft a new definition of “small business.” To that end, the Agency has released its supplemental analysis of different options under consideration. See the supplemental analysis here.
TSCA Training for Chemical Facility Managers and Employees
Take the TSCA Regulations Online Course
to find out what you must record, report, and keep on file to maintain compliance with EPA’s overhauled TSCA reporting and recordkeeping rules under the “Lautenberg Law.”
From premanufacture notifications to Chemical Data Reporting, SNURs, SARs, and more, find out what it takes to keep your chemical facility in full compliance with EPA’s latest TSCA rules. Plus, learn the latest management requirements for chemicals under TSCA.