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EPA Looking at Fees Associated with TSCA

Wednesday, March 11, 2020

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The Environmental Protection Agency announced earlier this week that it is working to address issues identified with implementing the Fees Rules associated with the Toxic Substances Control Act.

“The agency is actively seeking ways to address the many implementation impracticalities that have been brought to our attention and to reduce concerns by affected entities,” the EPA said in an emailed press release.

The TSCA Fees Rule mandates that manufacturers (including importers) of each chemical prioritized for risk evaluation are responsible for paying the fee associated with those evaluations.

The Chemicals

The EPA announced that the list of 20 chemicals to undergo risk evaluation under the Toxic Substances Control Act, which were initially flagged at high-priority in March 2019, was moving forward to public comments in August.

© iStock / Skyhobo

The Environmental Protection Agency announced earlier this week that it is working to address issues identified with implementing the Fees Rules associated with the Toxic Substances Control Act.

In December, the EPA announced that it had finalized the list.

“Today we are continuing to deliver on the promise of the Frank R. Lautenberg Chemical Safety for the 21st Century Act to assess and review existing chemicals in the marketplace,” said EPA Administrator Andrew Wheeler.

“EPA is committed to transparency and being open with the public as these chemicals move through this TSCA process to evaluate the risks these chemicals may pose to public health and the environment.”

The EPA issued documents for each substance that describes chemical-specific information, analysis and basis that the EPA used to support the proposed designation and comments were due by Nov. 21.

The 20 proposed high-priority chemicals include seven chlorinated solvents, six phthalates, four flame retardants, formaldehyde, a fragrance additive and a polymer precursor.

The full list includes:

  • p-Dichlorobenzene;
  • 1,2-Dichloroethane;
  • trans-1,2- Dichloroethylene;
  • o-Dichlorobenzene;
  • 1,1,2-Trichloroethane;
  • 1,2-Dichloropropane;
  • 1,1-Dichloroethane;
  • 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);
  • Dicyclohexyl phthalate;
  • 4,4'-(1-Methylethylidene)bis[2, 6-dibromophenol] (TBBPA);
  • Tris(2-chloroethyl) phosphate (TCEP);
  • Phosphoric acid, triphenyl ester (TPP);
  • Ethylene dibromide;
  • 1,3-Butadiene;
  • 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB);
  • Formaldehyde; and
  • Phthalic anhydride.

What Now

As a first step, the agency is extending the comment period by 60 days for the preliminary lists of manufacturers subject to fees associated with EPA-initiated risk evaluations. That comment period now runs until March 27.

That preliminary list of companies was published in January, shortly after the chemicals list.

This public comment period provides an opportunity for all manufacturers of these 20 high-priority chemicals to report to EPA and identify whether they are actively involved in the manufacture and/or import of these chemicals.

As the agency works through implementation issues with the final rule, it says, more guidance will be coming on reporting requirements and expectations during this period.

The EPA also notes that this is also a time when businesses can certify as a “small business concern” and receive a reduced fee, or to make certain other certifications and avoid fee obligations.

   

Tagged categories: EPA; EPA; Good Technical Practice; Government; Health and safety; NA; North America; Safety

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