On January 11, EPA published the proposed revisions to the TSCA Fees rule following an EPA announcement last month of the proposal. The proposed revisions are in direct follow up to the agency issuing the March 2020 “No Action Assurance” memo for certain categories of manufacturers subject to TSCA fee requirements and announcing it would initiate a new rulemaking process. The proposed revisions to the TSCA Fees rule would make the “No Action Assurance” memo exemptions permanent. The proposed revisions are the result of MEMA and other associations meeting with EPA and communicating the impracticality of article importers being included in the risk evaluation fees.
The EPA proposes to provide exemptions for manufacturers from the obligation to pay a portion of the risk evaluation fee for the high-priority substances if they exclusively:
• import articles containing that chemical substance;
• produce a chemical as a byproduct;
• manufacture (or import) the chemical substance as an impurity;
• produce (or import) a chemical in de minimis (trace) amounts;
• use chemicals solely for research and development purposes;
• manufacture a chemical substance as a non-isolated intermediate; or
• manufacture (or import) a chemical substance in quantities below a 2,500 lbs. annual production volume (unless all manufacturers of that chemical substance manufacture that chemical in quantities below a 2,500 lbs. annual production volume, in which case this exemption would not be applicable)
EPA has proposed nearly everything MEMA requested in its comments submitted in May 2020. Comments are due to EPA on February 25, 2021. EPA plans to finalize the rule in October 2021. MEMA will submit comments on the proposed revisions to the TSCA fees. MEMA contact: Laurie Holmes
