Inside EPA’s Inside TSCA recently quoted Principal Mark Duvall's (Washington, DC) panel discussion at the American Chemistry Council’s GlobalChem conference about the implications of the U.S. Environmental Protection Agency’s (EPA) delayed timeline in publishing final scope documents for pending Toxic Substances Control Act (TSCA) risk evaluations for five existing chemicals, as it relates to EPA’s authority to collect fees from manufacturers of those chemicals.

Mark explained that the fee authority expires at the end of the current fiscal year, September 30, 2026, unless Congress enacts legislation before then to extend the authority. For risk evaluation fees, however, EPA’s regulations restrict EPA from collecting fees from the manufacturers of a high-priority substance, such as those five chemicals, until 180 days after finalizing the scope document for the chemical. 

In the article, “EPA Misses TSCA Scoping Deadlines, Jeopardizing Millions In Industry Fees,” Mark explained that although EPA was supposed to have already published final scope documents for the five high-priority substances it designated in December 2024, “we have one draft scope document and nothing on the other four.” Accordingly, unless EPA publishes final scope documents by the end of this month or EPA changes its regulations, EPA will not be able to collect fees from manufacturers of those chemicals prior to the end of the fiscal year, when the fee authority is scheduled to expire.

Beveridge & Diamond's Chemicals Regulation practice group and Chemicals industry group provide strategic, business-focused advice based on frequently changing chemical regulations. For assistance in commenting on any of EPA’s chemical rulemakings, please contact Mark or another member of B&D’s chemicals practices.