US EPA Finalizes Amendments to the 2018 Fees Rule for the Administration of the Toxic Substances Control Act (TSCA)

On February 8^th, 2024, the US EPA finalized amendments to the 2018 Fees Rule that originally implemented fees to offset 25% of costs imposed by TSCA activities. The rule requires the payment of fees for eight different categories of activities or “fee-triggering events” under TSCA sections 4, 5, and 6. This includes risk evaluations, PMNs, SNURS, and exemption applications, among others. The amendments update how EPA will recover authorized costs of the law’s implementation and ensure that collected fees provide the Agency with 25% of authorized costs. The revised fees will go into effect 60 days after the final rule is published in the Federal Register. In general, most of the fee responsibilities fall on the chemical manufacturers (including importers). Exemptions for R&D, manufacturers of low volumes, non-isolated intermediates, substances imported as part of an article, byproducts, or impurities are included in the rule.

What does this mean for you?
These amendments affect manufacturers of chemicals subject to TSCA fee-triggering events. Downstream users who do not manufacture are not subject to TSCA fees. It is important to understand which TSCA activities are subject to fees and how they have changed. This varies widely, so please visit the EPA website to find out more about fee-triggering events and the costs associated with them.