Fee-Triggering Events and Entities Subject to TSCA Fees
Fees are collected for the following specific activities listed under TSCA:
- Test Rules under TSCA section 4
- Enforceable Consent Agreements under TSCA section 4
- Test Orders under TSCA section 4
- New Chemical Notices (PMNs, SNUNs, MCANs) under TSCA section 5
- New Chemical Exemption Applications (LVEs, TMEA, TERA, etc.) under TSCA section 5
- EPA-Initiated Risk Evaluations under TSCA section 6
- Manufacturer-Requested Risk Evaluations for Chemicals on the TSCA Work Plan
- Manufacturer-Requested Risk Evaluations for Chemicals NOT on the TSCA Work Plan
Entities Subject to TSCA Fees
Generally, only chemical manufacturers (including importers) are subject to TSCA fees. For some fee-triggering events like test orders, new chemical notices, and manufacturer-requested risk evaluations, the responsible manufacturers are self-evident. In other cases, like EPA-initiated risk evaluations, EPA will undertake a process to identify the responsible manufacturers. This process is also outlined in the TSCA Fees Rule.
When EPA initiates a risk evaluation on a chemical designated as a high-priority substance, then manufacturers of that chemical substance identified through this process would share responsibility for the total TSCA fee for an EPA-initiated risk evaluation. There are currently no exemptions in the TSCA fees rule for specific groups of manufacturers or importers. However, EPA recently announced its intention to propose exemptions for three categories of manufacturers otherwise subject to EPA-initiated risk evaluation fees and requirements: 1) importers of articles containing a high-priority substance; 2) producers of a high-priority substance as a byproduct; and 3) producers or importers of a high-priority substance as an impurity. Learn more about EPA's plan to reduce TSCA fees burden and the no action assurance.
Under more limited circumstances as described in 40 CFR 700.45(a)(4) and (5), a chemical processor would be subject to a fee. These circumstances include:
- where a processor submits a SNUN under section 5;
- where a processor submits a TME under section 5; or
- when there is a section 4 activity tied to a SNUN submission by a processor.
Other entities, such as downstream users of a chemical who do not manufacture or import the chemical, are not subject to TSCA fees.
To learn more about the TSCA fee requirements and processes associated with specific activities or fee-triggering events, visit the pages below: