EPA Toxic Substances Control Act Publishes the Proposed Fees Rule

February 13, 2018
On February 9, 2018, The United States Environmental Protection Agency (EPA) released a pre-publication copy of the long-awaited Toxic Substances Control Act (TSCA) Proposed Fees Rules. Under TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) in 2016, the proposed fees on certain chemical manufacturers, including importers and processors, would provide a sustainable source of funding to defray resources that are available for implementation of new responsibilities under the amended law.

These fees would go toward developing risk evaluations for existing chemicals; collecting and reviewing toxicity and exposure data and other information; reviewing Confidential Business Information (CBI); and, making determinations in a timely and transparent manner with respect to the safety of new chemicals before they enter the marketplace.

Under the proposed rule, affected businesses would begin incurring fees on October 1, 2018 and small businesses would receive a substantial (80 percent) discount on their fees for new chemical submissions. Companies that graduate from EPA’s Sustainable Futures program can earn expedited review of TSCA section 5 for prescreened new chemical notices.

The 60-day comment period will open upon the forthcoming publication of the proposed fees rule in the Federal Register. A pre-publication version of the proposed rule is available here.

TSCA Proposed Fees Rule
* EPA is proposing to waive the TME fee for submissions from companies that have graduated from EPA’s Sustainable Futures program if submitted at the same time as a PMN, SNUN, or MCAN.

How Can Exponent Help?

Our successful track record in helping clients demonstrates that we have the technical and regulatory expertise to assist you in complying with the new and existing chemical “New TSCA” policies and data requirements. Exponent’s scientific and regulatory consultants have expertise in new and traditional methods for conducting chemical risk evaluations and designing strategies to address TSCA risk evaluations and risk-based prioritization. Exponent scientists are well versed in EPA’s Sustainable Futures models, QSAR modeling, read-across strategies, testing design and monitoring, and weight-of-the-evidence-based hazard and risk assessments. Exponent can help perform relative risk screenings for chemicals in your existing inventories, as well as identify significant data gaps, and design intelligent data gathering programs to cost effectively provide the most critical information. In addition, Exponent’s scientists and materials engineers can assist you in identifying and integrating favorable substitutes for chemicals of potential concern used in your products.