The proposed changes to the original 2018 TSCA Fees Rule include:
- Narrowing the scope of the rule by exempting importers of articles containing a chemical substance, companies that produce a chemical as a byproduct or manufacture or import as an impurity, companies that use chemicals solely for research and development purposes, companies that produce a chemical in de minimus amounts, and companies that manufacture a chemical that is produced as a non-isolated intermediate from fees.
- Using cost data gathered over the last two years, rather than estimates, to update the fee calculations.
- Ensuring fees are fairly and appropriately shared across companies by proposing a production-volume based fee allocation and that export-only manufacturers pay fees for EPA-initiated risk evaluations.
- Allowing for corrections to be made to the list of manufacturers subject to fees for EPA-initiated risk evaluations after the final list is published, ensuring the accuracy of the list.
- Increasing flexibility for companies by extending the amount of time to form consortium to share in fee payments.
- Ensuring EPA can fully collect fees and enabling companies to better prepare for paying fees by allowing payments in installments for EPA-initiated and manufacturer-requested risk evaluations.
Additionally, EPA’s proposal adds new fee categories associated with new chemicals activities.
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. This proposal includes revisions to address these issues. In March 2020, EPA also issued a “No Action Assurance” for three categories of manufacturers subject to TSCA fee requirements for the twenty ongoing EPA-initiated risk evaluations.