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EPA Extends Self-Reporting Window for Toxic Substances Control Act

  • Deadline extended to May 27

  • 20 common chemicals make the list

  • Manufacturers face financial penalties for failing to comply

On March 8 the EPA extended the comment period and self-reporting deadline for manufacturers using any of the 20 chemicals identified as “high priority substances” under Toxic Substances Control Act (TSCA) Title VI. This deadline has been extended to May 27. Manufacturers have until then to self-report for each high priority substance used in its product for the purpose of assigning a share of the risk evaluation “fee” EPA has assigned to each chemical (the “Fee Rule”).

In March 2019 the EPA created a list of 20 chemicals it identified as “high priority chemicals” for risk evaluation under TSCA. The act requires manufacturers and importers of each chemical, as well as domestic fabricators and importers of finished goods containing any of these substances in the past five years, to share in the cost for this evaluation effort. Each manufacturer must comply with the Fee Rule by self-reporting to the EPA for each chemical used. The fee for each risk evaluation is $1.3 million and will be divided equally among the manufacturers on the list. Manufacturers qualifying as small businesses will be assigned smaller payment obligations.  

This new deadline provides an additional 60 days for manufacturers to determine if they need to self-report for any of the listed substances. Self-reporting is done through the EPA Central Data Exchange ( Failure to comply may expose a manufacturer to penalties of up to $40,576 per fee not paid.  

The “high priority chemicals” are: 

  • 5 phthalates

    • Butyl benzyl phthalate (BBP)

    • Dibutyl phthalate (DBP)

    • Di-ethylhexyl phthalate (DEHP)

    • Di-isobutyl phthalate (DIBP)

    • Dicyclohexyl phthalate (DCHP)

  • 3 halogenated flame retardants

    • 4,4’-(1-Methylethylidene)bis[2, 6-dibromophenol] (TBBPA)

    • Phosphoric acid, triphenyl ester (TPP)

    • Tris(2-chloroethyl) phosphate (TCEP)

  • 7 chlorinated solvents

    • 1,1-Dichloroethane

    • 1,2-Dichloroethane

    • 1,2-Dichloropropane

    • o-Dichlorobenzene

    • p-Dichlorobenzene

    • trans-1,2-Dichloroethylene

    • 1,1,2-Trichloroethane

  • 5 other substances

    • 1,3-Butadiene

    • Ethylene dibromide (EDB)

      • 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB)

      • Formaldehyde

      • Phthalic anhydride

Copyright © 2021 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume X, Number 77

About this Author

Michael J. Sullivan, Womble Carlyle, risk management attorney, cost control lawyer
Managing Partner

Michael Sullivan is Managing Partner in the Atlanta office of Womble Carlyle, a full-service business law firm with more than 530 lawyers in 14 offices throughout the Southeast and Mid-Atlantic United States and in Silicon Valley. Michael is a mass tort and complex commercial litigation attorney with over 30 years of experience representing clients in bet-the-company litigation.  His practice today includes acting as trusted advisor to senior level executives on risk management, cost control and litigation management issues.  In addition to his leadership role in the...

Patrick Spaugh, Womble Carlyle Law Firm, Commercial Dispute Litigation Attorney

Patrick focuses his practice on assisting clients in complex commercial disputes.  He adds value to clients by scrutinizing the facts during discovery, delving into case law to perfect dispositive motions, and leaving no stone unturned to ensure that cases are exhaustively prepped at each stage of litigation.

Patrick has helped defend a Fortune 500 company in a putative ERISA class action; a commercial bank in a putative civil RICO class action; businesses in general commercial disputes often involving claims for Unfair and...

Whitney Kamerzel, Womble Dickinson Law Firm, Charlotte, Corporate and Litigation Law Attorney

Whitney Kamerzel is an associate in the firm’s Business Litigation practice group in the Charlotte office.  Her practice involves a variety of dispute resolution and general civil litigation matters.   

Prior to her current position, Whitney served as a volunteer lawyer in Phnom Penh, Cambodia.  In this role, Whitney worked on international human rights cases and instructed non-governmental organizations in Myanmar, Cambodia, and the Philippines on investment mapping exercises.  While attending the University of South Carolina, Whitney served as...