On December 31, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on the preliminary lists of manufacturers (including importers) subject to fees for the next five chemicals undergoing risk evaluation under Section 6(b) of the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 107099. The five chemicals that have been designated as High-Priority Substances (HPS) for risk evaluation and for which fees will be charged are acetaldehyde (Chemical Abstracts Service Registry Number® (CAS RN®) 75-07-0); acrylonitrile (CAS RN 107-13-1); benzenamine (CAS RN 62-53-3); vinyl chloride (CAS RN 75-01-4); and 4,4′-methylene bis(2-chloroaniline) (MBOCA) (CAS RN 101-14-4). According to the notice, EPA developed the preliminary lists “using the most up-to-date information available, including information submitted to the Agency (e.g., information submitted under TSCA section 8(a) (including the Chemical Data Reporting (CDR) Rule), TSCA section 8(b), and to the Toxics Release Inventory (TRI)).” EPA states that manufacturers (including importers) are required to self-identify as a manufacturer (or importer) of one or more of the five identified HPSs “irrespective of whether they are included on the preliminary lists” and that they may use this period to do so. Where appropriate, entities may also certify as to “no manufacture,” “cessation” of manufacture or to meeting an exemption. The public will also have the opportunity to correct errors in the preliminary lists during the comment period. EPA expects to publish the final lists of manufacturers (including importers) subject to fees no later than concurrently with the publication of the final scope documents for risk evaluations of these five HPSs. Manufacturers (including importers) identified on the final lists will be subject to the applicable fees. Comments are due March 3, 2025.
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