• Fees for manufacturer-requested risk evaluations are not subject to the 25 percent limitation in TSCA.
• EPA will divide the total fee amongst responsible individual and joint payers.

The 2016 amendments to the Toxic Substances Control Act (TSCA) provided the Environmental Protection Agency (EPA) with expanded authority to collect fees from chemical manufacturers and importers to help defray up to 25 percent of the costs associated with overall TSCA implementation efforts. TSCA further required EPA to establish a fee structure by rulemaking. EPA finalized the Fees for the Administration of TSCA rule on October 16, 2018.

The rule requires payment of fees for eight different categories of activities or fee-triggering events under TSCA sections 4, 5, and 6:

• Test Rules under TSCA section 4;
• Enforceable Consent Agreements under TSCA section 4;
• Test Orders under TSCA section 4;
• New Chemical Notices (Premanufacture Notices (PMNs), Significant New Use Notices (SNUNs), and Microbial Commercial Activity Notices (MCANs)) under TSCA section 5;
• New Chemical Exemption Applications (Low Volume Exemption, Test Marketing Exemption Application, TSCA Environmental Release Application, etc.) under TSCA section 5;
• EPA-Initiated Risk Evaluations under TSCA section 6;
• Manufacturer-Requested Risk Evaluations for Chemicals on the TSCA Work Plan; and
• Manufacturer-Requested Risk Evaluations for Chemicals NOT on the TSCA Work Plan.

The fee amount for each of these categories was developed by estimating the total annual costs of administering TSCA sections 4, 5, and 6 (excluding the costs of manufacturer-requested risk evaluations) and of collecting, processing, reviewing, providing access to and protecting from disclosure as appropriate confidential business information. EPA then allocated 25 percent of those costs (the full amount recoverable under TSCA section 26) across six fee triggering events in sections 4, 5, and 6. Fees for manufacturer-requested risk evaluations are not subject to the 25 percent limitation in TSCA; the final fee amount is a percentage of the actual cost of conducting the evaluation.

As a general matter, most fee responsibilities under the rule are assigned to chemical manufacturers (including importers). In certain circumstances, fees may also apply to chemical processors (e.g., when a processor submits a SNUN under TSCA section 5).

Entities that meet the definition of a “small business concern” as defined in the rule can receive a substantial discount of approximately 80 percent.

Where multiple entities are subject to a fee, the rule allows those entities to pay individually or through a consortium of payers. EPA will divide the total fee amongst responsible individual and joint payers in accordance with a formula and process described in the rule.

As required by law, EPA will evaluate and readjust, if necessary, the fees every three years. Find the latest fees on EPA’s Toxic Substances Control Act (TSCA) Administration Fees webpage.