Jan 92025

EPA Announces List of Manufacturers Subject to Fees for Chemical Substances Under the Toxic Substances Control Act

Samuel B. Boxerman and Rose Quam-Wickham
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On December 31, 2024, the U.S. Environmental Protection Agency (EPA or the Agency) published a determination in the Federal Register announcing the availability of preliminary lists of manufacturers of five chemical substances designated as “High-Priority Substances” under Section 6 of the Toxic Substances Control Act (TSCA). The manufacturers — including importers — of these chemical substances will be subject to fees and reporting requirements under TSCA’s implementing regulations.

Under TSCA, EPA is directed to designate new High-Priority Substances for risk evaluation upon the completion of risk evaluations for chemical substances previously designated as High-Priority Substances. High-Priority Substances are chemical substances that EPA determines may present an unreasonable risk of injury to health or the environment because of a potential hazard and potential route of exposure under the conditions of use. To offset Agency costs associated with conducting risk evaluations for High-Priority Substances, TSCA also authorizes EPA to impose fees on manufacturers of such chemical substances.

EPA’s recent determination will apply to manufacturers and importers of the below five chemical substances. These chemical substances are used in a wide range of production processes, from manufacturing items such as construction materials to plastic packaging.

  • Acetaldehyde (CASRN 75-07-0)
  • Acrylonitrile (CASRN 107-13-1)
  • Benzenamine (CASRN 62-53-3)
  • Vinyl chloride (CASRN 75-01-4)
  • 4,4′-Methylene bis(2-chloroaniline) (CASRN 101-14-4)

In addition to being subject to fees associated with administering TSCA, manufacturers and importers of the above chemical substances will also be required to self-identify via EPA’s Central Data Exchange (CDX) pursuant to 40 C.F.R. § 700.45 within 60 days of the determination’s publication in the Federal Register. Entities identified in the preliminary lists, if applicable, will also have this time to assert any exemptions to the fee-shifting scheme that may be available to them under TSCA. The determination is also subject to a 60-day comment period by manufacturers, importers, or other interested parties. Following public comment, EPA will publish final lists of manufacturers and importers who will be subject to fees. Entities interested in commenting should do so prior to March 1, 2025.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

Rose Quam-Wickham

Washington, D.C.

rquamwickham@sidley.com

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