TSCA Fees for Test Orders and Enforceable Consent Agreements
This page describes the requirements and processes related to TSCA fees for test orders and enforceable consent agreements under TSCA section 4.
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EPA requires payment of fees from manufacturers (including importers) subject to a test order or enforceable consent agreement (ECA) under section 4 of TSCA.
For test orders under TSCA section 4, the total fee amount is $9,800. Entities that meet the criteria for a “small business concern” receive an 80% discount, resulting in a fee of $1,950.
For Enforceable consent agreements (ECAs) under TSCA section 4, the total fee amount is $22,800. Entities that meet the criteria for a “small business concern” receive an 80% discount, resulting in a fee of $4,600.
Payment of the fee for a test order is due within 120 days of issuance. For an enforceable consent agreement, payment is due within 120 days of signing.
Fees for these activities will be invoiced electronically by EPA. Invoice notices will be populated into the specific submission's Copy of Record screen in CDX and will contain a button that will initiate the payment process. When an invoice is generated for a submission, notification e-mails will be sent to the submitter's CDX inbox and the e-mail address associated with the relevant CDX account.
Payment information will be collected in CDX and then submitted to Pay.gov for processing.
Where multiple entities are subject to a test order or ECA, they can choose to either pay individually or to join together and form consortia to pay the TSCA fees. In order to form a consortium, a principal sponsor must notify EPA via CDX that the consortium has formed. The notification must generally occur within 60 days of issuance of a test order under TSCA section 4, or within 60 days of signing an ECA under TSCA section 4. The consortium is responsible for determining how to divide the fee among its constituents and submitting payment to EPA. See the final rule at 40 CFR 700.45(f).
Refunds are not available for fee payments made for test order or ECA activities under TSCA section 4. See the final rule at 40 CFR 700.45(h) for more information on refunds.