Toy Association Files Comments with EPA on Risk Management Rule

March 31, 2021 | The Toy Association has filed comments with the Environmental Protection Agency (EPA) to advocate for the permanent exemption of certain companies from having to pay risk evaluation fees and self-identify as a producer or importer of high-priority chemical substances under the Toxic Substances Control Act (TSCA) Fees Rule.

This is the latest step in The Toy Association’s ongoing advocacy work with the Downstream Users Coalition (DUC) regarding this rule. Past advocacy resulted in securing a letter of “no action assurance” on these exemptions under the EPA’s enforcement discretion, and convincing the EPA to reopen the rule for additional comments. While the rule is now published in final form, the agency is anticipated to amend it based on the latest round of comments.

The Toy Association is requesting the EPA add a de minimis concentration threshold for fee payments to the rule and exempt importers of articles and substances present only as contaminants, which would exclude most toymakers. The Association and its members also argue the most equitable approach to these fees is to assess them against primary chemical producers only, who would then pass these down through the supply chain to downstream users.

New amendments to the TSCA Fees Rule would require EPA to defray up to, but no more than, 25 percent of the total cost of the agency-initiated TSCA Section 6 risk evaluations on chemicals, and would set fee amounts and specify which entities are required to pay fees. The current fee is $1.35 million and is slated to increase to $2.84 million under EPA’s latest proposal. These fees are to be allocated among all producers, with allocation methodology to be flexible.

Questions on the TSCA Fees Rule may be directed to The Toy Association’s Alan Kaufman, senior vice president of technical affairs.