G/TBT/N/USA/1944  
17 November 2022  
(22-8563) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [1975]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Administrative fees; toxic substances control; Production in the chemical industry (ICS 
code(s): 71.020); Products  of the chemical industry (ICS code(s): 71.100); Petroleum 
products in general (ICS code(s): 75.080)  
5. Title, number of pages and language(s) of the notified document:  Fees for the 
Administration of the Toxic Substances Control Act (TSCA); (21 page(s), i n English)  
6. Description of content:  Supplemental notice of proposed rulemaking - The 
Environmental Protection Agency (EPA) is issuing this document to modify and 
supplement its proposed rule issued on 11 January 2021, in which the Agency proposed 
update s and adjustments to the 2018 Fee Rule established under the Toxic Substances 
Control Act (TSCA) . With over five years of ex perience administering the TSCA 
amendments of 2016, EPA is publishing this document to ensure that the fees charged 
accurately reflect the level of effort and resources needed to implement TSCA in the 
manner envisioned by Congress when it reformed the law.  Additionally, the purpose of 
this document is to propose narrowing certain proposed exemptions for entities subject 
to the EPA -initiated risk evaluation fees and propose exemptions for the test rule fee 
activities; to propose modifications to the self - identification and reporting requirements 
for EPA -initiated risk evaluation and test rule fees; to propose a partial refund of fees for 
premanufacture notices withdrawn at any time after the first 10 business days during the 
assessment period of the chemical ; to propose modifications to EPA's proposed 
methodology for the production volume - based fee allocation for EPA -initiated risk 
evaluation fees in any scenario where a consortium is not formed; to propose expanding 
the fee requirements to companies require d to submit information for test orders; to 
propose modifying the fee payment obligations to require payment by processors subject 
to test orders and enforceable consent agreements (ECA); to propose extending the 
timeframe for test order and test rule paym ents; as well as to propose changes to the fee 
amounts and the estimate of EPA's total costs for administering TSCA.  G/TBT/N/USA/1944  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Cost saving and productivity enhancement  
8. Relevant documents:   
87 Federal Register (FR) 68647, 16 November 2022; Title 40 Code of Federal Regulations 
(CFR) Part 700:  
https://www.govinfo.gov/content/pkg/FR -2022-11-16/html/2022 -24137.htm  
https://www.govinfo.gov/content/pkg/FR -2022-11-16/pdf/2022 -24137.pdf  
Fees for the Administration of the Toxic Substances Control Act (TSCA), Propos ed rule 
published 11 January 2021:  
https://www.govinfo.gov/content/pkg/FR -2021-01-11/html/2020 -28585.htm  
https://www.govinfo.gov/content/pkg/FR -2021-01-11/pdf/2020 -28585.pdf  
This supplemental notice of prop osed rulemaking and the proposed rule are identified by 
Docket Number EPA -HQ-OPPT-2020-0493. The Docket Folder is available on 
Regulations.gov at https://www.regulations.gov/ docket/EPA -HQ-OPPT-2020-
0493/document  and provides access to primary and supporting documents as well as 
comments received. Documents are also accessible from Regulations.gov  by searching 
the Docket Number. WTO M embers and their stakeholders are asked to submit comments 
to the USA TBT Enquiry Point . Comments received by the USA TBT Enquiry Point from 
WTO Members and their stakeholders by 4pm Eastern Time  on 17 January 2023 will be 
shared with the regulator and will also be submitted to the Docket  on Regulations.gov if 
received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  17 January 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_7882_00_e.pdf