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Who Will Pay for the Next 20 TSCA Risk Evaluations?

Posted on August 31, 2020 by Lauren Scott

Update 09/08/20 
The Final List of Fee Payers for the next 20 chemical risk evaluations is now available.

Earlier this month, EPA released its interim final list of businesses subject to fees for 20 high-priority substances undergoing TSCA risk evaluations.

Under the Toxic Substances Control Act (TSCA), companies that use chemical(s) undergoing a risk evaluation must report if they manufacture or import those chemicals. These businesses will then be subject to a portion of the TSCA fee after the final list is published.

The interim final list published on August 26, 2020 gives us a glimpse as to which companies may be on the hook for TSCA fees. This list is subject to change after further review.

View the interim final list of manufacturers here.

Businesses and other stakeholders are encouraged to contact Lynn Vendinello, Deputy Director, Chemical Control Division, Office of Pollution Prevention and Toxics, U.S. EPA at 202-566-0514 or with questions about the updated list.

What’s the TSCA Fee?

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) requires EPA to evaluate the risks posed by each chemical on the TSCA inventory. Evaluating those risks costs money. To pay for it, EPA will assess a fee to facilities that manufacturer or import the chemicals being evaluated.

On January 27, EPA published a preliminary list of manufacturers (including importers) of the first 20 high-priority chemicals. This gave manufacturers 120 days to submit public comments and add themselves to the list (i.e., self-identify). Later, EPA extended the deadline to May 27, 2020.  

According to 40 CFR 700.45(b), the amount each facility has to pay is not set in stone. However, all importers and manufacturers of a high-priority chemical substance slated for a draft risk evaluation would collectively pay $1,350,000. The amount each company is responsible for will vary depending on the total number of fee payers identified and the number of entities that may find it difficult to pay (such as small businesses).

Read the TSCA Fees Final Rule. 

Next 20 Priority Chemicals for Risk Evaluation

Under TSCA Section 6(b), EPA is required to evaluate the risks associated with the conditions of use of all the chemicals on the TSCA inventory. Of the more than 80,000 chemicals listed on the TSCA inventory, 40,655 are active in commerce (meaning they are currently manufactured, imported, or processed in the US).

EPA finalized its list of the next 20 high-priority chemicals to undergo risk evaluations in December 2019. The LCSA requires EPA to be working on 20 risk evaluations at any one time.  

TSCA Online Training

The Toxic Substances Control Act (TSCA) underwent major changes recently. Be confident you know how the Lautenberg Law impacts your responsibilities for chemical management, inventory reporting, and recordkeeping.

The TSCA Regulations Online Course is updated to cover the latest EPA requirements that professionals in the chemical manufacturing, import/export, storage, and processing fields must know.