Fee Rule for Chemical Makers, Processors Coming, EPA Says

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By Pat Rizzuto

A proposed rule detailing the fees chemical manufacturers and processors would pay the Environmental Protection Agency for some chemical-related services should be released in a couple of months, a senior agency official said Feb. 22.

Wendy Cleland-Hamnett, acting assistant administrator for chemical safety and pollution prevention, discussed recent and future actions the EPA is taking to implement the Toxic Substances Control Act amendments of 2016. She spoke during an American Bar Association meeting in Washington sponsored by the association’s Pesticides, Chemical Regulation and Right-to-Know Committee.

The TSCA amendments authorized the EPA to collect industry fees of up to $25 million. The fees would reimburse the agency’s Office of Pollution Prevention and Toxics for costs it incurs providing four types of services:

  •  collecting and reviewing toxicity, exposure and other data about chemicals (Section 4 of TSCA);
  •  reviewing and making decisions about new chemicals and new uses of existing chemicals (Section 5 of TSCA);
  •  reviewing and managing existing chemicals (Section 6 of TSCA); and
  •  reviewing confidential business information claims and managing information deemed confidential (Section 14 of TSCA).
The proposed rule would describe which specific services industry would pay for, and it would propose lower fees for small businesses.

Cleland-Hamnett said the EPA has consulted with affected industries to prepare the proposed rules as the TSCA amendments require.

The amendments state the agency may collect up to 25 percent of its costs to carry out Sections 4, 5, 6 and 14 or $25 million—whichever is lower—in annual fees. Those fees must be supplemented by congressional appropriations.

To contact the reporter on this story: Pat Rizzuto in Washington at prizzuto@bna.com

To contact the editor responsible for this story: Larry Pearl at lpearl@bna.com

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