EPA Releases Final Scope Documents and List of Businesses Subject to Fees for Next 20 TSCA Risk Evaluations
For Release: September 4, 2020
Today, EPA is releasing final scope documents for the next 20 chemicals undergoing risk evaluation under the Toxic Substances Control Act (TSCA).
The documents will guide the agency’s risk evaluations for the chemicals and contain EPA’s plan for what the risk evaluations will include and how they will be conducted. EPA used feedback received during the public comment period to inform the final documents. With the issuance of the final scope documents, the agency will begin the risk evaluations for these chemicals and anticipates publishing draft risk evaluations for public comment over the next three years.
EPA is also releasing the final list of businesses subject to fees associated with these risk evaluations. Following publication of the preliminary lists in January 2020, manufacturers (including importers) of these 20 chemicals were required to report to EPA and identify whether they manufacture or import these chemicals. EPA used this information, along with feedback received during the public comment period, to develop the final list.
Companies on the final list are subject to a portion of the TSCA fee for these risk evaluations and have 60 days to notify EPA of the formation of consortiums. The agency plans to begin invoicing for the fees after 60 days. Due to the public health emergency, EPA is exploring options for payment flexibilities.
In April 2020, EPA released draft scope documents for the next 20 chemicals undergoing risk evaluation for public comment. The final scope documents include conditions of use, hazards, exposures, and the potentially exposed or susceptible subpopulations EPA will consider in the risk evaluations. The documents also include: a description of the reasonably available information and the science approaches that the agency will use; a conceptual model that outlines the potential hazards and exposures throughout the lifecycle of the chemical; an analysis plan to identify the approaches and methods EPA will use to assess health and environmental factors; and, a plan for peer review.
Under the TSCA Fees Rule, manufacturers (including importers) of each chemical are responsible for paying a fee associated with EPA-initiated risk evaluations. Last week, EPA released an interim final list of fee payers to give businesses and other stakeholders an opportunity to review the list for accuracy and provide time for businesses to engage in initial outreach regarding the formation of consortia to share in fee payments. TSCA requires that the final list of fee payers for these risk evaluations be issued concurrently with the final scopes.
In March 2020, the agency announced its plan to initiate a new rulemaking process to update the fees rule to resolve implementation issues raised by stakeholders.