On August 26, 2020, the U.S. Environmental Protection Agency (EPA) released interim final lists of manufacturers and importers subject to section 6 risk evaluation fees under the Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq.). Following EPA’s March 24, 2020 No Action Assurance memorandum, the manufacturer/importer lists for the 20 high-priority substances undergoing risk evaluations shrunk considerably as eligible companies “certified out” to avoid liability for risk evaluation fees. 

Companies that are erroneously identified on the interim final lists must contact EPA immediately to avoid inclusion on the final manufacturer lists. Any company included on a final manufacturer list is liable for its share of the overall $1.35 million risk evaluation fee for that substance. EPA will publish the final manufacturer lists when it publishes the final risk evaluation scoping documents for the 20 high-priority substances. Publication is expected shortly, as EPA’s deadline passed over two months ago.