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Information on Plan to Reduce TSCA Fees Burden and No Action Assurance

On March 25, 2020, EPA announced its plan to consider a proposed rule that would look at potential exemptions to the TSCA Fees Rule in response to stakeholder concerns about implementation challenges. The agency plans to initiate a new rulemaking process to consider proposing exemptions to the current rule’s self-identification requirements associated with EPA-initiated risk evaluations for manufacturers that:

  • Import the chemical substance in an article;
  • Produce the chemical substance as a byproduct; and
  • Produce or import the chemical substance as an impurity.

EPA intends to issue proposed amendments to the current fees rule later this year and with the goal of finalizing the amendments in 2021.

Additionally, in light of the extremely unusual circumstances of this situation and the undue hardship imposed on certain businesses who would be required to collect and report information under the TSCA Fees Rule, EPA issued a “No Action Assurance” for the three categories of manufacturers subject to TSCA fee requirements for the twenty ongoing EPA-initated risk evaluations. More specifically, EPA has exercised its enforcement discretion regarding the self-identification requirement for those three categories of manufacturers, consistent with the agency's intended regulatory action. A copy of the "No Action Assurance" and the associated request can be found below. 

View frequent questions on this plan and the no action assurance.

Find instructions for how to complete self-identification and other certifications in CDX.

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