On August 26, 2020, EPA released an interim final list of businesses subject to fees for the 20 chemicals designated as high priority for risk evaluation under the Toxic Substances Control Act (TSCA). This is EPA’s updated list from its preliminary list released in January 2020. EPA providing this interim final list gives businesses and other stakeholders an opportunity to review the list for accuracy and provides time for businesses to engage in initial outreach regarding the formation of consortia to share in fee payments. MEMA members should review the interim final list.
Under the TSCA Fees Rule, manufacturers (including importers) of each chemical are responsible for paying a fee associated with EPA-initiated risk evaluations. In March 2020, at the request of MEMA and other downstream users, EPA announced its plan to initiate a new rulemaking process to update the fees rule to resolve implementation issues raised by stakeholders including the exemption of companies that import a high priority chemical in an article, or have the chemicals as an impurity or a byproduct. EPA also released a “no action assurance” memo (or enforcement discretion) for the TSCA risk evaluation fees for entities that (1) import the chemical substance in an article (2) produce the chemical as a “byproduct” or (3) produce or import the chemical substance as an impurity. MEMA plans to provide comments to EPA on the proposed when it is released.
Companies on the final list are subject to a portion of the TSCA fee for these risk evaluations and have 60 days to notify EPA of the formation of consortiums. The agency plans to begin invoicing for the fees after those 60 days have passed. EPA will publish the final list of businesses subject to fees for the 20 high-priority chemicals concurrently with the release of the final scope documents for these chemicals.