Significant New TSCA Fees Rule Proposed By EPA

Entities that are required to submit test data to EPA or to seek the Agency's authorization to import, manufacture, or process chemical substances will soon be required to pay significant new fees. On February 7, 2018, EPA released a pre-publication edition of its proposed rule to establish "User Fees for the Administration of the Toxic Substances Control Act" (the TSCA Fees Rule). Fees associated with requests to manufacture a new chemical or process a substance for a significant new use would rise to as much as six times the level of fees imposed under current EPA regulations. EPA also is proposing fees in excess of $2.5 million to be paid by entities that voluntarily request the Agency to perform a risk evaluation for a chemical substance the entity manufactures or imports. EPA is seeking to impose the new fees for submissions made to the Agency commencing October 1, 2018.