OMB Approves EPA TSCA Fee NPRM

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved the EPA’s notice of proposed rulemaking (NPRM) for establishing fees for the Toxic Substances Control Act (TSCA). The rule was sent to OMB on December 22^nd, 2017.

The EPA is authorized by 15 USC 2625(b) to collect fees “from any person required to submit data under section 2603 or 2604 of this title to defray the cost of administering this chapter”. That section limits the fee to a maximum of $2,500 ($100 for small businesses). I expect that the maximum will be reflected in the rulemaking. [Note those maximum amounts came from the original TSCA language, not the 2016 FRANK R. LAUTENBERG CHEMICAL SAFETY FOR THE 21ST CENTURY ACT revision. Added 2-26-18, 05:46 EST]

The NPRM should be published this week.