EPA Releases Plan to Reduce TSCA Fees Burden

Codes and Standards
Published

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.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Advocacy

Dec 17, 2025

House Panel Approves Major Housing Package

In a move that provides momentum for Congress to enact major housing legislation in early 2026, the House Financial Services Committee this week approved the Housing for the 21st Century Act. This bipartisan housing package takes much-needed steps toward addressing our nation’s critical lack of housing.

Advocacy | Environmental Issues

Dec 17, 2025

NAHB Weighs In on New WOTUS Rule

In November, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced a proposed updated definition of “waters of the United States” (WOTUS), followed by a 45-day comment period to gather input on the proposed rule. NAHB members and HBA staff provided comments at three public sessions hosted by the agencies to solicit feedback.

View all

Latest Economic News

Economics

Dec 16, 2025

Job Market Shows Signs of Cooling in November

In November, job growth slowed, and the unemployment rate rose to 4.6%, its highest level in four years. At the same time, job gains for the previous two months (August and September) were revised downward. The November’s jobs report indicates a cooling labor market as the economy heads into the final month of the year.

Economics

Dec 15, 2025

Builder Sentiment Inches Higher but Ends the Year in Negative Territory

Builder confidence inched higher to end the year but still remains well into negative territory as builders continue to grapple with rising construction costs, tariff and economic uncertainty, and many potential buyers remaining on the sidelines due to affordability concerns.

Economics

Dec 11, 2025

Homeownership Rate Inches Up to 65.3%

The latest homeownership rate rose to 65.3% in the third quarter of 2025, according to the Census’s Housing Vacancy Survey (HVS).