US | EPA Exempts Certain Manufacturers from Self-Identification Required by TSCA Fees Rule

On March 24, 2020, the US Environmental Protection Agency (EPA) issued a “No Action Assurance” that allows certain manufacturers of 20 high priority chemicals undergoing risk evaluations under the Toxic Substances Control Act (TSCA) to avoid self-identifying and paying fees.

EPA will exercise its enforcement discretion to not pursue enforcement action for violations by certain manufacturers of the self-identification reporting obligations established in the Toxic Substances Control Act (TSCA) Fees Rule and listing notices identifying chemicals and setting deadlines under sections 26 and 6 of TSCA.

The TSCA Fees Rule was finalized on October 17, 2018. The risk evaluations on the first set of 20 High Priority chemicals began on December 30, 2019. Manufacturers of those 20 High Priority chemicals were required to self-identify in order for fees to be applied to them by March 27, 2020, which was then extended to May 27, 2020. The No Action Assurance will be in effect until at least September 30, 2021, by which time EPA expects to finalize a formal rule permanently exempting these manufacturers.

Exempted Manufacturers

The three categories of exempted manufacturers are:

  1. Importers of “articles” containing one of the 20 high priority substances
  2. Domestic producers of one of the 20 substances as a “byproduct”
  3. Domestic producers or importers of one of the 20 substances as an “impurity”

These manufacturers and importers will not need to self-identify by May 27, 2020 and will not be subject to applicable risk evaluation fees. According to EPA, they are exempting these manufacturers because the process of self-identification and the payment of fees unintentionally imposes significant burdens.



No Action Assurance Regarding Self-Identification Requirement for Certain “Manufacturers” Subject to the TSCA Fees Rule, EPA Memorandum, March 24, 2020. 


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