EPA Releases Plan to Reduce TSCA Fees Burden
At NAHB ’s urging, the Environmental Protection Agency (EPA) on March 25 made a significant announcement affecting how our members will be impacted by implementation of the Toxic Substance Control ACT (TSCA) Fees Rule. As NAHBNow reported last week the broad definition of the term “manufacturer” under the rule had the potential to impose a regulatory burden on certain NAHB members.
Currently, manufacturers subject to the requirements of the TSCA Fees Rule would include importers of articles containing a chemical undergoing risk evaluation. This means that retailers, distributors or wholesalers of potentially covered products who import items such as composite wood flooring or cabinets would be required to self-identify under the regulation.
However, after NAHB and other stakeholders reached out to EPA, the agency swiftly responded to address our concerns. EPA announced it intends to propose exemptions to the TSCA Fees rule and the proposed exemptions will cover three categories of manufacturers subject to EPA-initiated Risk Evaluation fees and associated requirements:
1) importers of articles containing one of the twenty high-priority substances;
2) producers of one of the twenty high-priority substances as a byproduct; and
3) producers or importers of one of the twenty high-priority substances as an impurity.
While EPA intends to issue the proposed amendments to the current fees rule later this year, tit does not anticipate finalizing the amendments until 2021. In acknowledgement of the need to bridge the gap between the current self-identification action and finalization of the planned regulatory change, EPA also announced a “No Action Assurance” under its enforcement discretion.
This means that the agency will not pursue enforcement action against entities in the three categories proposed for exemption for failure to self-identify under the TSCA Fee Rule. EPA does not expect entities that fall into one of these three categories take any further action if they were both not identified on a preliminary list and have not yet self-identified.
EPA has published additional information on its website for action related to the TSCA Fees Rule implementation including a FAQ to on both the proposed amendments and No Action Assurance.
For more information on implementation of the TSCA Fees Rule, contact Tamra Spielvogel at 800-368-5242 x8327.
Latest from NAHBNow
Jun 25, 2026
Custom Builder Transforms a Tuscan Time Capsule Into a Modern Showpiece for IBS 2027When the International Builders’ Show returns to Las Vegas in 2027, attendees will get a firsthand look at how an aging luxury residence can be transformed into a contemporary showpiece.
Jun 25, 2026
NAHB Legal Action Fund Awards $175,000 in Legal Support at Spring MeetingAt its recent meeting at the 2026 Spring Leadership Meeting in D.C., the NAHB Legal Action Committee reviewed requests for Legal Action Fund assistance and recommended a total of $175,000 in legal grants, which was approved by the NAHB Board of Directors.
Latest Economic News
Jun 25, 2026
State-Level Economic Growth Strengthened in the First Quarter of 2026State economic growth strengthened in the first quarter of 2026, with real GDP increasing in 46 states and the District of Columbia. According to the Bureau of Economic Analysis (BEA), state-level growth rates ranged from a 4.5% annualized increase in Washington to a 1.6% decline in South Dakota, while Delaware’s economy was essentially unchanged during the quarter.
Jun 25, 2026
PCE Inflation Hits 3-Years High in MayAs the Iran conflict pushed up energy prices, the Personal Consumption Expenditures (PCE) Price Index—the Federal Reserve’s preferred inflation gauge—accelerated to a three-year high in May.
Jun 24, 2026
Affordability Concerns Push New Home Sales Lower in MayElevated mortgage rates, rising inflation and economic uncertainty kept many buyers out of the market in May as consumers and builders continue to deal with challenging affordability conditions. While monthly sales activity softened, builders continue to operate in a market characterized by cautious buyers and persistent financing constraints.