by John J. Kowalski, CHMM
On January 11, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) published a proposed fees rule under Section 26(b) of the Toxic Substances Control Act (TSCA). With this action, EPA is proposing updates and adjustments to the 2018 TSCA fees rule. See our previous article entitled “U.S. EPA Publishes Final TSCA Fees Rule” for additional information regarding the 2018 rule.
The Agency is proposing updates and changes to the 2018 rule, including, but not limited to:
- the addition of three new fee categories, for Bona Fide Intent to Manufacture or Import Notices, Notices of Commencement of Manufacture or Import (NOCs), and an additional fee related to test orders;
- the addition of exemptions for certain manufacturers subject to fees for EPA-initiated risk evaluations under TSCA Section 6(b);
- updates to costs related to TSCA Sections 4, 5, and 6, costs of relevant information management activities, and fee calculation methodologies; and
- various changes to how the fee regulations are implemented, including certain timing requirements throughout the fee payment process.
However, EPA is not proposing to change the definition of ‘‘small business concerns.’’ Comments on the proposed rule must be received on or before February 25, 2021.
Recommended Action Items
- Review the proposed rule;
- Consider submitting comments; and
- Continue to watch this space, as we frequently post articles regarding significant new developments under TSCA.
Environmental Protection Agency. “Fees for the Administration of the Toxic Substances Control Act (TSCA).” Federal Register 86 (11 January 2021): 1890-1909. 2020-28585.pdf (govinfo.gov)
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