Nov 182022

U.S. EPA Proposes to More Than Double Toxic Substances and Control Act Fees

Allison H. In and Samuel B. Boxerman
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On November 16, 2022, the U.S. Environmental Protection Agency (EPA) proposed to raise its current Toxic Substances and Control Act (TSCA) fees, some of which would be more than doubled. This supplemental notice of proposed rulemaking modifies EPA’s proposal from January 11, 2021, which then aimed to increase the TSCA fees largely for inflation adjustment. TSCA allows EPA to collect fees from manufacturers, including importers, for the agency’s activities under TSCA Sections 4, 5, 6, and 14. Under the TSCA, EPA is required to adjust the fees “as necessary” every three years. In 2018, EPA promulgated a fee rule in 40 CFR part 700, subpart C, and set the current fees pursuant to that rule.

The proposed changes to the TSCA fee amounts are provided in Table 5 of the notice. The proposal includes increasing the fee for enforceable consent agreement from $27,110 to $50,000, for EPA-initiated risk evaluation from $2.56M to $5.081M, and for manufacturer-requested risk evaluation from 1.89M to $2.994M (on chemicals included in the TSCA Work Plan) and from $3.78M to $5.986M (on chemicals not included in the TSCA Work Plan). In the notice, EPA explains that the agency has experienced a significant shortfall in its TSCA fee revenues because the costs estimated in 2018 did not fully account for increased activities associated with the TSCA amendments. EPA plans to respond to comments received in response to the 2021 proposal when finalizing the rule. Public comments to this notice will be received until January 17, 2023.

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.

Allison H. In

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

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