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TSCA Fees and Small Businesses

EPA is providing an approximately 80% reduction in TSCA fees to submitters who qualify as a "small business concern" as defined in the final TSCA fees fule at 40 CFR 700.43. 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. For specific fee amounts for “small business concerns,” please consult the appropriate TSCA Fees Table page or refer to the final TSCA fees rule at 40 CFR 700.45(c).

A company may qualify for a "small business concern" discount if their total number of employees is at or below the maximum allowed in the final rule for that company's North American Industry Classification System (NAICS) code. In order for an entity to qualify as a "small business concern", its revenue or number of employees (including all affiliates) shall not exceed the size standard for the applicable industry.

When calculating the number of employees, the company must include the employees of all parent and subsidiary companies within the corporate chain. For example, a U.S. subsidiary subject to a TSCA fee must count the employees of its parent companies and other subsidiaries of that parent company in determining whether they fall below the threshold. The number of employees is calculated as the average number of people employed for each pay period of the business' latest 12 calendar months, regardless of hours worked or temporary status.

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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