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TSCA Administration Fees Structure

EPA collects fees from certain chemical manufacturers and from processors. The fees collected will be used for developing risk evaluations for existing chemicals; collecting and reviewing toxicity and exposure data and other information; reviewing Confidential Business Information (CBI); and, making determinations in a timely and transparent manner with respect to the safety of new chemicals before they enter the marketplace. Learn more about the final fees rule.

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Fees Table

To calculate the fees in the following table, EPA estimated the total annual costs of administering the Toxic Substances Control Act (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 under TSCA section 14. The Agency then identified of the full amount recoverable under TSCA (i.e., 25% of those annual costs) and allocated that amount across the fee triggering events in sections 4, 5, and 6. In the case of manufacturer-requested risk evaluations, the fee is a percentage of the actual cost as explained in the table below. 

EPA is providing an approximately 80% reduction in TSCA administration fees to submitters who qualify as small businesses as shown below. Please note that small business fees are only applicable to qualifying small businesses who are either not associated with a consortium or associated with an all-small business consortium. 

Visit our frequently asked questions for more information on fee categories and how to pay fees.

Fees for the Administration of TSCA
Fee Category Final Fee Small Business Fee
TSCA Section 4    
Test order $9,800 $1,950
Test rule $29,500 $5,900
Enforceable Consent Agreement (ECA) $22,800 $4,600
TSCA Section 5    
Premanufacture Notice (PMN) and consolidated PMN $16,000 $2,800
Significant New Use Notice (SNUN) $16,000 $2,800
Microbial Commercial Activity Notice (MCAN)
and consolidated MCAN
$16,000 $2,800
Low Releases and Low Exposures (LoREX) exemption $4,700 $940
Low Volume Exemption (LVE) $4,700 $940
Test Marketing Exemption (TME) $4,700 $940
Tier II exemption $4,700 $940
TSCA Environmental Release Application (TERA)  $4,700 $940
Film Articles $4,700 $940
TSCA Section 6    
EPA-initiated risk evaluation $1,350,000 $270,000
Manufacturer-requested risk evaluation on a chemical included
in the Work Plan
50% of total actual costs with a
$1,250,000 initial payment
50% of total actual costs with a
$1,250,000 initial payment
Manufacturer-requested risk evaluation on a chemical not
included 
in the Work Plan
100% of total actual costs with
a $2,500,000 initial payment
100% of total actual costs with
a $2,500,000 initial payment

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Small Business Definition

EPA is defining a small business based on an employee-based size standard modeled after the Small Business Administration's standards. In order for an entity to be classified as a small business, its revenue or number of employees (including all affiliates) shall not exceed the size standard for the applicable industry. These size thresholds are determined for select 6-digit North American Industry Classification System (NAICS) codes. The chart below shows the NAICS codes and associated thresholds most likely to apply to manufacturers and processors subject to TSCA fees.  For those NAICS codes not represented on the table below, the manufacturer or processor must have 500 or fewer employees to be considered as a “small business concern” under TSCA for the purposes of fee collection.  

Small Business Standards By Industry
Potentially Affected NAICS NAICS Description

Small Business Concern Size Standards
(# of employees)

324110 Petroleum Refineries 1500 or fewer
325110 Petrochemical Manufacturing 1000 or fewer
325120 Industrial Gas Manufacturing 1000 or fewer
325130 Synthetic Dye and Pigment Manufacturing 1000 or fewer
325180 Other Basic Inorganic Chemical Manufacturing 1000 or fewer
325193 Ethyl Alcohol Manufacturing 1000 or fewer
325194 Cyclic Crude, Intermediate, and Gum and Wood Chemical Manufacturing 1250 or fewer
325199 All Other Basic Organic Chemical Manufacturing   1250 or fewer
325211 Plastics Material and Resin Manufacturing 1250 or fewer
325212 Synthetic Rubber Manufacturing 1000 or fewer
325220 Artificial and Synthetic Fibers and Filaments Manufacturing 1000 or fewer
325311 Nitrogenous Fertilizer Manufacturing 1000 or fewer
325312 Phosphatic Fertilizer Manufacturing 750 or fewer
325314 Fertilizer (Mixing Only) Manufacturing 500 or fewer
325320   Pesticide and Other Agricultural Chemical Manufacturing 1000 or fewer
325411   Medicinal and Botanical Manufacturing 1000 or fewer
325412   Pharmaceutical Preparation Manufacturing 1250 or fewer
325413 InVitro Diagnostic Substance Manufacturing         1250 or fewer
325414 Biological Product (except Diagnostic) Manufacturing 1250 or fewer
325510 Paint and Coating Manufacturing 1000 or fewer
325520 Adhesive Manufacturing 500 or fewer
325611 Soap and Other Detergent Manufacturing 1000 or fewer
325612 Polish and Other Sanitation Good Manufacturing   750 or fewer
325613 Surface Active Agent Manufacturing 750 or fewer
325620 Toilet Preparation Manufacturing 1250 or fewer
325910 Printing Ink Manufacturing 500 or fewer
325920 Explosives Manufacturing 750 or fewer
325991 Custom Compounding of Purchased Resins 500 or fewer
325992 Photographic Film, Paper, Plate and Chemical Manufacturing 1500 or fewer
325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing 500 or fewer
424690 Other Chemical and Allied Products Merchant Wholesalers 150 or fewer
424710 Petroleum Bulk Stations and Terminals 200 or fewer
424720 Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals) 200 or fewer

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Refunds

EPA will issue full refunds related to the following TSCA section 5 activities:

  • PMN submissions that are determined not to be a new chemical substance; 
  • MCAN submissions when the microorganism is determined not to be a new microorganism or significant new use;
  • SNUN submissions if the use is determined not to be a significant new use;
  • when the Agency fails to make a determination on a notice by the end of the applicable notice review period, unless the submitter unduly delayed the process; and
  • when the Agency fails to approve or deny an exemption with the applicable review period, unless the submitter unduly delayed the process.

EPA will issue partial refunds (i.e., 75% of the fee amount) if a TSCA section 5 submission is withdrawn during the first 10 business days after the beginning of the applicable review period.

Under TSCA section 6, EPA will issue refunds for manufacturer-requested risk evaluations if the initial payment amount exceeds the applicable percentage of actual costs. 

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Options for Sharing Fees Among Businesses

Businesses can opt to join together in various ways to pay fees for activities under TSCA sections 4, 5 and 6.   

Joint Submissions

For joint submissions of TSCA section 5 notices, submitters are required to remit the applicable fee identified in the chart above for each section 5 notice submitted. Only one fee is required for each submission, regardless of the number of joint submitters for that notice. To qualify for the fee reduction for small businesses, each joint submitter of a TSCA section 5 notice must qualify as a small business concern.

Consortia

Businesses can opt to join together and form consortia to pay fees for section 4 and 6 activities. In order to form a consortium, a principal sponsor must be identified who will notify EPA via CDX that the consortium has formed. The notification must generally occur within 60 days of the following events:

  • for test rules under section 4 - the publication date of the test rule;
  • for test orders under section 4 - the issuance of the test order;
  • for enforceable consent agreements under section 4 - the signing of the enforceable consent agreement; and
  • for an EPA-initiated risk evaluation under section 6 - the publication of the final scope of a chemical risk evaluation.

The consortium is responsible for determining how to divide the fee among its constituents, and then paying EPA within 120 days of the event described above. 

Manufacturer-Requested Risk Evaluations

For a manufacturer-requested risk evaluation under Section 6, payment is due within 30 days of EPA granting the request.  EPA expects that if multiple manufacturers desire to associate through a consortium, jointly file such a request and share the fee, they will do so prior to submission. 

Other Multiple-Payer Situations

In situations where multiple persons subject to fees choose not to form a consortium, or some form a consortium and others choose not to join the consortium, EPA will allocate the fees via a detailed formula. Please consult the final rule for more information.

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