EPA Acting Administrator Andrew Wheeler signed the TSCA fee rule implementing the fee provisions of the Frank R. Lautenberg Chemical Safety for the 21st Century Act on September 27, 2018. The rule imposes fees for eight categories of actions under TSCA.

Fees are imposed for:

  • Test orders, test rules, and enforceable consent agreements under Section 4 (Testing)
  • Notices and exemptions under Section 5 (Manufacturing and Processing)
  • EPA-initiated risk evaluations, manufacturer requested risk evaluations for chemicals on the TSCA Work Plan, and manufacturer requested risk evaluations for chemicals not on the TSCA Work Plan under Section 6.

The new fees apply to all submissions in these categories as of October 1, 2018, according to the rule.

The rule imposes significant fee increases in some areas — for example the fee for a PMN increases from $2,500 to $16,000 — and in other areas imposes new fees.

The fees are set forth below.

Table 6: Final TSCA Fee Amounts

*EPA will waive the TME fee for submissions from companies that have graduated from EPA's Sustainable Futures Program. Source EPA

There are reduced fees for small businesses and the rule also provides a definition of a "small business concern."

Many fees such as those for a PMN are due at the initiation of the action. Fees for a test rule or test order are due 120 days after the effective date of the order or rule. The rule recognizes that a consortium may be formed and there are detailed procedures regarding fees and multiple parties. In response to comments on the proposed rule, the final rule provides additional time for the formation of consortia.