Thursday, January 14, 2021
On January 11, 2021, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would update and modify EPA’s 2018 Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601
et seq.) “fee rule” (83 Fed. Reg. 52,694 (Oct. 17, 2018) (codified at 40 C.F.R. Part 700)), which was applicable to fiscal years 2019, 2020, and 2021.
Section 26(b) of TSCA requires EPA, after consultation, to review and, if necessary, adjust applicable TSCA fees every three years. The proposed rule updates the Agency’s 2018 fee calculation methodologies and cost estimates for administering TSCA and proposes to modify fees and fee categories for fiscal years 2022, 2023, and 2024.
The proposal seeks to create three new fee categories: (1)