EPA Releases Preliminary TSCA Fees List for High-Priority Manufacturers

Introduction of Preliminary Lists

The U.S. Environmental Protection Agency (EPA) has released preliminary lists identifying manufacturers, including importers, that may be subject to fee obligations under the Toxic Substances Control Act (TSCA) Section 6. These fees are linked to the EPA-initiated risk evaluations of five High-Priority Substances. The substances under review include:

• Acetaldehyde (CASRN 75-07-0)
• Acrylonitrile (CASRN 107-13-1)
• Benzenamine (CASRN 62-53-3)
• Vinyl chloride (CASRN 75-01-4)
• 4,4′-Methylene bis(2-chloroaniline) (CASRN 101-14-4)

TSCA Fee Reporting Requirements

Manufacturers or importers of these chemicals, whether listed or not, are required to report to the EPA through the Central Data Exchange (CDX) if they have manufactured or imported these chemicals within the past five years. This includes companies involved in the production of chemicals used in the manufacture of paint, coatings, sealants, adhesives, or resins. Companies that are subject to fee payments must also report their manufacturing or import volumes for the three years prior to the publication of the preliminary list.

Public Comment Period

The EPA accepted the public comments on the preliminary lists until March 3, 2025. Following this period, the EPA will publish final lists identifying manufacturers and importers that will be subject to fees. These final lists will be released alongside the final scope documents for the risk evaluations of the five High-Priority Substances.

Exemptions from Fee Payments

Certain exemptions from fee obligations are available for companies that meet specific criteria. These exemptions include:

1. Import of articles containing the chemical
2. Manufacture as a non-commercial by-product
3. Manufacture as an impurity
4. Manufacture as a non-isolated intermediate
5. Manufacture for research and development (R&D) in small quantities
6. Manufacture for other non-exempt purposes in amounts of 2,500 lbs or less

To qualify for exemptions 1-5, companies must meet the exemption criteria by December 18, 2023, and remain qualified for the subsequent five years. Companies qualifying for exemptions 4 through 6 must also self-identify with the EPA via CDX, regardless of whether they are on the preliminary list. Additionally, companies that meet the production volume exemption must report their production volumes from the three years preceding the publication of the preliminary list.

Additional Requirements for Exemption Certification

Manufacturers and importers on the preliminary list who qualify for exemptions 1-3 can submit an exemption certification through CDX to be removed from the final list. However, companies meeting exemptions 1-3 are not required to submit a notification if they are not seeking removal from the list.

For companies qualifying for the R&D exemption, they must maintain records of their production volumes and other relevant business documents for five years. This documentation may include production volume reports, R&D plans, study reports, and related records.

Record-Keeping Obligations

Companies claiming exemptions must maintain detailed records for five years from the date of submission. This includes maintaining production volume information and other business records, particularly for those qualifying for the R&D exemption. These records must support the company’s claim that their production volumes were necessary for research purposes.