Tables detailing charges associated with TSCA (Toxic Substances Control Act) submissions
The US Environmental Protection Agency (EPA) has introduced a new final Toxic Substances Control Act (TSCA) fees rule, effective from April 22, 2024. The rule sets out various fees for different TSCA sections, with a significant focus on reducing administration fees for qualifying small businesses.
Under the new rule, the TSCA Section 5 Microbial Commercial Activity Notice (MCAN) and consolidated MCAN fee for small businesses is set at $6,480. Similarly, the TSCA Section 5 Premanufacture Notice (PMN) and consolidated PMN fee, as well as the TSCA Section 5 Significant New Use Notice (SNUN) fee for small businesses, are all priced at $6,480.
Small businesses that qualify under the final TSCA fees rule are also eligible for an approximately 80% reduction in TSCA administration fees. This reduction is applicable only to small businesses that are either not associated with a consortium or associated with an all-small business consortium.
The TSCA Section 4 Test order fee for small businesses is $5,000, while the TSCA Section 6 Enforceable Consent Agreement (ECA) fee is $10,000. The TSCA Section 4 Test rule fee and the TSCA Section 6 EPA-initiated risk evaluation fee for a chemical not included in TSCA Work Plan have two payments of $2,829,847 and $1,414,924, respectively, with a final invoice to recover 100% or 50% of actual costs.
For fees related to Film Articles and TSCA Environmental Release Application (TERA), small businesses are required to pay $10,870 each.
It is essential to note that the reduction in fees is only applicable to qualifying small businesses under the final TSCA fees rule.
For precise current TSCA administration fee amounts by category and small business qualification, consulting the official EPA TSCA fees final rule publication or EPA fee schedule documents directly would be necessary. The small business fees under the final TSCA fees rule are shown in the provided table.
The EPA has established fee caps to ensure fees do not exceed certain limits for maximum fees for other submitters beyond small businesses. For example, civil monetary penalties and statutory fees under EPA programs such as TSCA have maximum charges, with the maximum civil penalty per day listed as approximately $49,772 as of recent adjustments.
In summary, the EPA has increased fees for most TSCA submissions but also finalized exemptions and reduced fees specifically for small businesses to ease their regulatory burden. The maximum penalty or fee limits under EPA regulations, including TSCA, can be around $49,772 per day, indicating the upper bounds that may be relevant for large entities or multiple violations.
In this regulation, the TSCA Section 5 Microbial Commercial Activity Notice (MCAN) and consolidated MCAN fee for small businesses is identical to the TSCA Section 5 Premanufacture Notice (PMN) and consolidated PMN fee, as well as the TSCA Section 5 Significant New Use Notice (SNUN) fee for small businesses, all equaling $6,480. Additionally, in the business realm, small businesses that qualify under the final TSCA fees rule can expect a substantial reduction in TSCA administration fees, amounting to an approximately 80% reduction, but only if these businesses are not part of a consortium or linked to an all-small business consortium.
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