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EPA Releases Final List for TSCA Fees

Thursday, September 10, 2020

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The U.S. Environmental Protection Agency has released the final list of businesses that are subject to fees for the 20 chemicals designated as high priority for risk evaluation under the Toxic Substances Control Act.

The publication is an updated list from what the EPA had released in January, and is a final product of the interim list released last month.

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

The U.S. Environmental Protection Agency has released the final list of businesses that are subject to fees for the 20 chemicals designated as high priority for 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.

Last month, the interim company list was released and, according to Bloomberg, was being reviewed by the American Chemistry Council.

What Now

The final list of companies, along with the final scope documents for the 20 chemicals, have been released with no major changes.

According to the EPA, companies on the final list are subject to a portion of the TSCA fee for the risk evaluations and have 60 days to notify the EPA of the formation of consortiums. The agency plans to begin invoicing for the fees after 60 days.

The EPA noted, however, that due to the COVID-19 pandemic, it is exploring options for payment flexibilities.

The final list includes companies such as 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: Environmental Control; Environmental Controls; Environmental Protection; EPA; EPA; Government; NA; North America

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