On December 20, 2019 USEPA finalized the designation of 20 high-priority chemicals. These chemicals will be subject to a risk evaluation. On December 19, 2019 the Agency hosted a conference call to discuss the fees associated with the evaluation.
|Category||Fee ($US)||Fee Small Business*|
|Manufacturer-requested (Work Plan)**||1,250,000 + 50%||1,250,000 + 50%|
|Manufacturer-requested (non-Work Plan)**||2,500,000 + 100%||2,500,000 + 100%|
* EPA is defining a small business on an employee-based size standard modeled after the Small Business Administration's standards. In order for an entity to be classified as a small business the number of employees (including all affiliates) cannot exceed the size standard for the applicable industry. These size thresholds are determined for select 6-digit North American Industry Classification System (NAICS) codes.
** Manufacturers/importers can request USEPA to conduct an evaluation on a chemical. If the chemical is already the subject of the TSCA Work Plan the fee is reduced. For a manufacturer-requested risk evaluation payment is due within 30 days of USEPA granting the request. The figures represent an initial payment with the final amount calculated to cover either 50% or 100% of the actual cost.
There is no de minimis threshold concentration. Processors and other downstream users are not required to pay the fee. The requirements for joint ventures and chemicals that were the subject of a legal entity transfer of ownership during the relevant time period are still being determined and instructions will be published in the near future.
USEPA expects to publish a preliminary list of companies that will be subject to the fees based on publicly available information from the Chemical Data Report Rule and the Toxic Release Inventory in January 2020. The Agency does not expect this list to be definitive and intends to refine it based on additional information from self-identification by companies not on the list. Publication of this list will be followed by a 60-day public comment period. The final list will be published concurrent with publication of the final scope documents for the risk evaluations in June 2020. USEPA intends to send invoices via the Central Data Exchange (CDX) in August 2020 with payment due 120 days from that date (October 2020).
In order to form a consortium to pay the fee a principal sponsor must be identified who will notify USEPA via CDX that the consortium has formed. The notification must generally occur within 60 days of the publication of the final scope of a chemical risk evaluation. The consortium is responsible for determining how to divide the fee among its constituents, and then remitting payment within 120 days of the final scope publication. In situations where multiple entities subject to a fee choose not to form a consortium, or some form a consortium and others choose not to join the consortium, USEPA will allocate the fees via a formula available on their website.
Regardless of whether your entity is identified in the preliminary or final list if you manufacture or import these chemicals you have an obligation to self-identify via CDX. The only situations that are excluded from the need to pay the fee include:
Fees for 2022 and later fiscal years will be adjusted on a three-year cycle by multiplying the fees by the current Producer Price Index value with a base year of 2019 (https://www.epa.gov/tsca-fees).
Dibutyl phthalate (DBP) (1,2-Benzene- dicarboxylic acid, 1,2- dibutyl ester)
Butyl benzyl phthalate (BBP) - 1,2-Benzene- dicarboxylic acid, 1- butyl 2(phenylmethyl) ester
Di-ethylhexyl phthalate (DEHP) - (1,2-Benzene- dicarboxylic acid, 1,2- bis(2-ethylhexyl) ester)
Di-isobutyl phthalate (DIBP) - (1,2-Benzene- dicarboxylic acid, 1,2- bis-(2methylpropyl) ester)
4,4'-(1-Methylethylidene)bis[2, 6-dibromophenol] (TBBPA)
Tris(2-chloroethyl) phosphate (TCEP)
Phosphoric acid, triphenyl ester (TPP)
1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB)