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May 27 TSCA Deadline: Do You Make or Import Any of These 20 Chemicals?

Posted on May 18, 2020 by Lauren Scott

If your facility manufacturers or imports one of the first twenty high-priority chemicals set for risk evaluation under the amended TSCA program, you must identify yourself to EPA by May 27, 2020.  

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 twenty 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.   

After the May 27 deadline, EPA will publish a final list of manufacturers/importers who must pay a fee.

EPA's Instructions for TSCA Fee Reporting 
Check the list of the first 20 high-priority chemicals.

How Much Is the TSCA Fee?

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).

Companies will have 120 days from the date the final scope of an EPA-initiated risk evaluation is published to pay. Facilities will be invoiced electronically, and payments can be made directly to Pay.gov.

Read the TSCA Fees Final Rule 

First 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 proposed the first 20 high-priority chemicals to undergo risk evaluations in August 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.