Fees for the Administration of the Toxic Substances Control Act
On September 27, 2018, EPA finalized a fees rule under the Toxic Substances Control Act (TSCA), as amended in 2016 by the Frank R. Lautenberg Act Chemical Safety for the 21st Century Act. TSCA provides EPA with authority to collect fees from certain chemical manufacturers (inlcuding importers) and processors to defray a portion of TSCA implementation costs. The final rule became effective on October 18, 2018.
Under the final rule, affected businesses began incurring fees on October 1, 2018. Small businesses are eligible to receive a substantial discount of approximately 80% on their fees.
The rule requires payment from manufacturers who submit information to EPA under TSCA section 4; submit a notice, exemption application, or other information under TSCA section 5; and who manufacture a chemical substance that is the subject of a risk evaluation under TSCA section 6(b). Fees also apply to processors in certain circumstances under sections 4 and 5. In addition, the rule establishes fees for manufacturer-requested risk evaluations at either 50% or 100% of the actual costs associated with the evaluation, dependent on whether or not the chemical is included in the TSCA Work Plan for Chemical Assessments: 2014 Update.
During fiscal years 2019-2021 the Agency will work to track costs and use that information to adjust future fees, if appropriate. As required by law, EPA will evaluate and readjust, if necessary, the fees every three years.
Visit our Frequently Asked Questions page for additional information about understanding your responsibilities when identified as a manufacturer or processor subject to fees, and how to use EPA’s electronic payment system.