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Interim Company List for TSCA Fees Released

Monday, August 31, 2020

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Last week, the U.S. Environmental Protection Agency released an interim final list of businesses that are subject to pay fees for the 20 chemicals designated as high priority for the next risk evaluation under the Toxic Substances Control Act.

The EPA noted that the publication is an update from the preliminary list released in January.

The Chemicals

The EPA announced that the list of substances, which were initially flagged as high-priority in March 2019, was moving forward to public comments in August.

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 final list was then released this January.

© iStock / Skyhobo

Last week, the U.S. Environmental Protection Agency released an interim final list of businesses that are subject to pay fees for thw 20 chemicals designated as high priority for the next risk evaluation under the Toxic Substances Control Act.

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.

The Fees

The $1.35 million-per-chemical fee is money that companies must jointly pay to offset the agency’s risk evaluation costs.

After the preliminary list of companies was released in January, the agency extended the comment period by 60 days for the preliminary lists of manufacturers subject to fees associated with EPA-initiated risk evaluations. That comment period ran through March 27.

This public comment period provided 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. For example, many companies (including those that import manufactured goods) that were on the list objected.

The agency changed the scope of what companies were subjected to the fees in March and hosted a call in April that covered the new requirements and its “No Action Assurance” exemption.

What Now

The interim list precedes the forthcoming final list, which will be released concurrently with the final scope documents for the chemicals. The companies on that list will have 60 days to notify the EPA of the formation of a consortia—the EPA will begin collecting fees after that time period.

According to Bloomberg, the American Chemistry Council is reviewing the fees list.

Some of the companies on the interim list include The Dow Chemical Company, 3M, BASF Corporation, Huntsman International, The Sherwin-Williams Company, Tremco Inc., Maroon Group LLC, Sika Corporation, Nippon Paint Inc. and AkzoNobel.

   

Tagged categories: EPA; EPA; Government; Health & Safety; Health and safety; NA; North America; Safety

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