TSCA - Preliminary lists of manufacturers and importers subject to fee obligations published

30 January, 2020

On January 27, 2020 the USEPA published a notice containing the preliminary lists of manufacturers and importers of the 20 chemical substances that have been designated as a high-priority substance for risk evaluation.





The lists were tabulated from two sources:

  • TRI - Toxic Release Inventory: The TRI is a publicly available database that contains information on chemical releases and other waste management activities reported annually by certain covered industry groups as well as federal facilities.
  • CDR - Chemical Data Report: The Chemical Data Reporting (CDR) Rule, issued under the Toxic Substances Control Act (TSCA), requires manufacturers (including importers) to periodically provide USEPA information on certain chemicals they manufacture or import into the United States.

For the purpose of identifying the companies that are subject to fee obligations these lists are incomplete because:

  • The TRI only applies to domestic operations, and is only a subset of potentially liable entities (“certain covered industry groups”)
  • The CDR includes volume thresholds that do not apply to fee obligations for EPA-Initiated Risk Evaluations where there is no de minimis threshold volume or concentration, and CDR also excludes most articles and impurities which are not excluded under the Fees Rule.

Who’s required to pay?

  • All domestic manufacturers and importers of the chemical
  • Manufacturers and importers of articles containing the chemical
  • Manufacturers and importers of byproducts that include the chemical as a component
  • Manufacturers and importers of substances that include the chemical as an impurity

For fees, please have a look at our previous news on this topic.


Manufacturers and importers on the preliminary lists have an opportunity to certify through EPA's Central Data Exchange (CDX), the Agency's electronic reporting portal, that:

  1. They ceased manufacture or import of the substance prior to March 21, 2019 and will not resume manufacture or import until after March 21, 2024; or
  2. They have not manufactured or imported the chemical substance after January 27, 2015.


If EPA receives such a certification statement, then the manufacturer/importer will not be obligated to pay the fee.


The notice must be submitted electronically via CDX, and must contain the following information:

  • Name and address of the submitting company and authorized official for the submitting company
  • Name and telephone number of a person who will serve as technical contact for the submitting company and who will be able to answer questions about the information submitted

USEPA is providing a 60-day comment period during which manufacturers and importers are required to self-identify irrespective of whether they are included on the preliminary lists. Where appropriate, entities may also avoid or reduce fee obligations by making certain certifications as outlined above. During this comment period, the public has the opportunity to correct errors or provide comments on the preliminary lists. Comments must be received on or before March 27, 2020. EPA expects to publish the final lists no later than the publication date of the final scope documents for the risk evaluations of these substances (expected in June 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.  In situations where multiple entities subject to a fee choose not to form a consortium, or some decide to form a consortium and others choose not to join, USEPA will allocate the fees via a formula available on their website.


Entities identified on the final lists will be subject to applicable fees, and USEPA intends to send invoices via the CDX in August 2020 with payment due 120 days from that date (October 2020).


Manufacturers and importers who fail to identify themselves subject to fee obligations may be subject to a penalty. Each day of failed self-identification past the payment due date is a separate TSCA violation subject to penalty. Likewise, entities who falsely certify to having ceased manufacture/import or not re-initiating the activity within five years will also be subject to a penalty.

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