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Chemical manufacturers and importers should anticipate EPA to propose fee updates and adjustments in October under its Toxic Substances Control Act (TSCA) authority. The law requires the agency to review and, if necessary, adjust fees for chemical manufacturers/importers every three years, after consultation with parties potentially subject to fees.

TSCA fees help defray some of the costs associated with overall TSCA implementation efforts. This includes activities like conducting risk evaluations, requiring testing of chemicals, and evaluating and reviewing new chemical submissions.


EPA finalized fees in October 2018 covering fiscal years 2019, 2020, and 2021 and was expected, by law, to review and adjust fees by October 2021. That did not happen; instead, on Jan. 11, 2021, the agency only proposed updates for fees covering fiscal years 2022, 2023, and 2024. This proposal was issued just days before the end of the last administration.

Meanwhile, inflation rates kept climbing, so on Nov. 23, 2021, EPA revised the TSCA fee amounts for inflation, in line with a formula in the 2018 rule, and these fees, which increased 18.9 percent, took effect on Jan. 1, 2022.

Upcoming supplemental proposal sent to OMB

Now, EPA has returned its attention to the Jan. 11, 2021, rulemaking. The agency sent a supplemental proposal to the White House Office of Management and Budget (OMB) in July and explains that it will seek additional comment on changes to the January 2021 proposal. The supplemental proposal is slated to be published in the Federal Register in October 2022. A date for a final rule is still up in the air.

Note that the earlier January 2021 proposal, which impacted 40 CFR 700.43 and .45, would have:

  • Added three new fee categories — Bona Fide Intent to Manufacture or Import Notice, Notice of Commencement of Manufacture or Import, and a fee associated with test orders;
  • Provided exemptions for entities subject to certain fee-triggering activities;
  • Updated cost estimates for administering TSCA, relevant information management activities, and individual fee calculation methodologies;
  • Set a volume-based fee allocation for EPA-initiated risk-evaluation fees;
  • Required export-only manufacturers to pay fees for EPA-initiated risk evaluations; and
  • Changed the timing of certain activities required throughout the fee payment process.

Entities affected by the fee adjustments

You may be affected by this upcoming action if you manufacture (including import), distribute in commerce, or process a chemical substance (or any combination of such activities) and are required to submit information to EPA under TSCA sections 4 or 5, or if you manufacture a chemical substance that is the subject of a risk evaluation under TSCA section 6(b).

For example, potentially affected entities may include companies found in major North American Industry Classification System (NAICS) groups:

  • Chemical Manufacturers (NAICS code 325);
  • Petroleum and Coal Products (NAICS code 324); and
  • Chemical, Petroleum, and Merchant Wholesalers (NAICS code 424).

The above list of NAICS codes is not intended to be exhaustive.

Key to remember

An EPA supplemental proposal impacting TSCA fees for chemical manufacturers and importers is anticipated in October. A date on a final rule is to be determined.