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EPA Proposes User Fees for the Administration of the Toxic Substances Control Act

In a proposed rule published in the Federal Register on February 26, 2018, the Environmental Protection Agency (EPA) proposed to set the user fees that are to applicable to any person:
  • who is required to submit information to the EPA under section 4 of the Toxic Substances Control Act (TSCA) or a premanufacture notice, significant new use notice, exemption application, and/or data set for the EPA to review under TSCA section 5 and/or
  • who manufactures (or imports) a chemical substance that is the subject of a risk evaluation under TSCA section 6(b).
The proposed rule identifies fees for 2019, 2020, and 2021, and explains how those fees were determined and how they will be determined in future years. TSCA requires the EPA to set lower fees for small businesses, so the EPA also proposes to set standards for determining which persons qualify as “small business concerns” and are thus subject to lower fees. The fees that are the subject of this proposed rule will help the EPA finance the administration of TSCA sections 4, 5, 6, and 14. Comments on this proposed rule will be accepted through April 27, 2018. Source: Environmental Protection Agency, User Fees for the Administration of the Toxic Substances Control Act, 83 Fed. Reg. 8,212 (proposed Feb. 26, 2018), https://www.federalregister.gov/documents/2018/02/26/2018-02928/user-fees-for-the-administration-of-the-toxic-substances-control-act.

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