EPA Sends TSCA Fee Rule to OMB

On Friday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the EPA relating to the establishment of fees for the administration of the toxic substances control act.

According to the Fall 2017 Unified Agenda:

“As part of EPA's ongoing efforts to implement the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amended the Toxic Substance Control Act (TSCA) with immediate effect upon its enactment on June 22, 2016, EPA is developing a proposed rule to implement TSCA section 26(b)(1). TSCA section 26(b)(1), as amended, authorizes the EPA to issue a rule to establish fees to defray a portion of the cost of administering sections 4, 5, and 6, and collecting, processing, reviewing, and providing access to and protecting from disclosure as appropriate under section 14 information on chemical substances (including contractor costs incurred by the Agency).”

Commentary

According to 15 USC 2625(b) this is a permitted rulemaking as opposed to a required rulemaking. Apparently, the Trump Administration is not totally averse to applying ‘costly regulations’ upon private enterprise.