EPA Releases User Fee Rule For Administration Of TSCA

On February 7, 2018, the U.S. Environmental Protection Agency (EPA) released the pre-publication version of its proposed rule to establish user fees for the administration of the Toxic Substances Control Act (TSCA). The proposed rule was published at 83 Fed. Reg. 8212 (Feb. 26, 2018). The rulemaking is authorized by section 26 of TSCA (as revised by the Frank R. Lautenberg Chemical Safety for the 21st Century Act). EPA currently collects fees for TSCA section 5 submissions; however, through the Lautenberg Act, Congress provided EPA with expanded authority to require regulated entities to pay reasonable fees to defray a significant portion of EPA's expenses in carrying out its statutory obligations.