EPA Releases Final Rule On TSCA User Fees

On October 17, 2018, EPA (the Agency) released its final rule establishing "user fees" for the administration of the Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq.). This rulemaking is one of the four "framework" rules promulgated by EPA as part of the implementation of the Frank R. Lautenberg Chemical Safety for the 21^st Century Act (LCSA). The rule became effective October 1, 2018.

Purpose of User Fees

Section 26(b) of TSCA authorizes EPA to collect fees for certain TSCA activities from chemical manufacturers, importers, and processors and establishes provisions for auditing, fee adjustments and refunds, and considerations for fee allocation and small businesses. The purpose of such fees is to defray a portion of the costs associated with: