Most Toy Companies to be Exempt from TSCA Risk Evaluation Fees & Self Identification Rule

April 20, 2020 | The U.S. Environmental Protection Agency (EPA) recently announced its plan to exempt certain companies from having to pay risk evaluation fees and self-identify as a producer or importer of the next 20 high-priority chemical substances under the TSCA Fees Rule – an issue that The Toy Association has been advocating for on behalf of its members. The exemptions are expected to cover most, if not all, Toy Association member companies.

Under the new proposed rule, manufacturers that import the chemical substance in an article; produce the chemical substance as a byproduct; or produce or import the chemical substance as an impurity will no longer be subject to payment of TSCA risk evaluation fees ($1,350 per chemical evaluated), nor will they be required to self-identify as an importer, manufacturer, or processor of the chemical (subject to non-reporting fines of $37,000 a day, per chemical).

Amendments to the rule are expected to be issued later this year and finalized in 2021. Since affected entities for the next 20 high-priority chemicals are required by the current rule to self-identify by May 27, 2020, the agency also announced that it will not take action against entities falling into one or more of the above categories.

For more information, consult the EPA’s FAQs on the topic. Toy Association members with questions may direct them to Alan Kaufman, senior vice president of technical affairs.