EPA Proposes Fees Rule for TSCA

The Environmental Protection Agency (EPA) has proposed a fees rule under the amended Toxic Substances Control Act (TSCA), the Frank Lautenberg Chemical Safety for the 21st Century Act.
 
“EPA has moved swiftly to implement the amended TSCA requirements. Our proposed TSCA fees rule ensures we have sufficient resources to review chemicals for safety with the highest scientific standards,” said EPA administrator Scott Pruitt, in a statement last week.
 
Under the Lautenberg Chemical Safety Act, 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 to be collected from certain chemical manufacturers and importers, including processors, 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.
 
EPA has finalized three important rules under the Lautenberg Chemical Safety Act and is now taking action to move the fourth to completion. EPA is working diligently to implement the new law, the first major update to an environmental statute in 20 years, and get the most modern and safe chemicals to market quickly in order to provide regulatory certainty for manufacturers and confidence for American consumers.
 
The fees rule is the final of four framework rules under the Lautenberg Chemical Safety Act, incorporating input received at an August 11, 2016 public meeting. Under the proposed rule, affected businesses would begin incurring fees on October 1, 2018 and small businesses would receive a substantial 80% discount on their fees for new chemical submissions.
 
The Household & Commercial Products Association (formerly CSPA), issued the following statement in response to EPA’s TSCA fee proposal:

“The proposed fees rule of the amended Toxic Substances Control Act is the fourth and final framework rule required under the Frank R. Lautenberg Chemical Safety Act of the 2st Century. The proposed fees would begin on October 1, 2018, and small businesses would receive 80 percent off their new chemical submission fees. HCPA met with the administration’s Office of Management and Budget (OMB) prior to the release of the proposed rule to reiterate concerns raised in our comments.
These fees will provide a sustainable source of funding to defray a portion of the costs and allow industry and EPA go forward together on the collection and review of toxicity and exposure data; timely determination of the safety of new chemicals; development of risk evaluations for existing chemicals; and the review of confidential business information (CBI).
 
HCPA is reviewing the proposed rule which gives the EPA authority to potentially collect 20 million dollars annually from chemical manufacturers and processors. HCPA’s biggest concerns are focused on ensuring appropriate safeguards to avoid deselection of uses of relevance to processors, primarily by providing opportunities for the formation of consortia around specific chemicals or uses to ensure appropriate cost-sharing among interested parties.
 
HCPA is looking forward to working with our members, key stakeholders and the EPA to continue TSCA implementation and the bipartisan efforts Congress made to amend and update this act. HCPA remains committed to ensuring that the modernized TCSA succeeds and strongly supports the agency in its ongoing efforts”
 
The American Cleaning Institute (ACI) provided the following statement to Happi about the proposal:
 
“There will indeed be impacts from the proposed fee rule on companies within the cleaning product supply chain that ACI represents. We are currently reviewing the proposed language in-depth in order to fully understand those impacts on our members going forward.”
 
EPA says the 60-day comment period will open upon the forthcoming publication of the proposed fees rule in the Federal Register. A prepublication version of the proposed rule is available at: 
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act-5