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
Mar 27, 2026
How NAHB Members Can Bring Real-World Perspective to Housing PolicyNAHB spoke with House Republican Conference Chairwoman Lisa McClain (R-Mich.) for her insights on key issues impacting the housing industry and how NAHB members can best engage in the legislative process.
Mar 26, 2026
Professional Women in Building: Past, Present and FutureAs we celebrate Women’s History Month, we honor the incredible women shaping the home-building industry’s past, present and future. For 70 years, the NAHB Professional Women in Building (PWB) Council has championed women’s leadership, education and innovation in construction.
Latest Economic News
Mar 26, 2026
State/Local Property Tax Revenue Rises Past $210 Billion in the Fourth QuarterProperty tax revenue collected by state and local governments rose for the ninth consecutive quarter according to the Census Bureau’s quarterly summary of state and local tax revenue.
Mar 25, 2026
Age of Housing Stock by StateAccording to the latest data from the 2024 American Community Survey (ACS), the median age of owner-occupied homes has reached 42 years old. The age of the housing stock is an important remodeling market indicator.
Mar 24, 2026
Almost Half of the Owner-Occupied Homes Built Before 1980Around 47% of the U.S. housing stock was built in the 1980s and earlier. The median age of owner-occupied homes climbed to 42 years old in 2024, up from 31 in 2005 according to the latest data from the American Community Survey.