EPA Releases TSCA User Fee Proposed Rule

FEBRUARY 12, 2018

EPA has released a pre-publication version of its proposed rule, “User Fees for the Administration of the Toxic Substances Control Act,” the last of four framework rules mandated by the Lautenberg Chemical Safety Act (LCSA).

The June 2016 LCSA amendments authorized EPA to promulgate a fee collection rule to mandate payments from chemical manufacturers, importers, and processors to defray the costs for EPA to implement TSCA.

After the pre-publication version was released, EPA Administrator Scott Pruitt stated, “EPA has moved swiftly to implement the amended TSCA requirements. Our proposed TSCA fees rule ensures we have sufficient resources to review chemicals for safety with the highest scientific standards.”

The fees will be collected for activities such as TSCA Section 4 testing requirements, TSCA Section 5 new chemical reviews, and TSCA Section 6 existing chemical risk evaluations. Interestingly, EPA estimates that it costs nearly $4 million to conduct a risk evaluation of one chemical substance.

The Agency has proposed the following fee schedule:

Proposed Fee Category Proposed Fee  
TSCA Section 4
 Test Order  $9,800
 Test Rule
 Enforceable Consent Agreement  $22,800
TSCA Section 5 
 PMN and Consolidated PMN  $16,000 
 MCAN and Consolidated MCAN  $16,000 
 LoREX  $4,700
 LVE  $4,700 
 TME  $4,700 
 Tier II Exemption  $4,700
TSCA Section 6
 EPA Initiated Risk Evaluation
 Manufacturer-requested risk evaluation
 on a chemical included in the Work Plan              
 Manufacturer-requested risk evaluation on
 a chemical NOT included in the Work Plan

*EPA is proposing to waive the TME fee for submissions from companies that have graduated from EPA’s Sustainable Futures program.

Industry would be required to remit the fee payments, if the rule is finalized, commencing October 1, 2018.