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

IBS

Feb 16, 2026

NAHB Unveils the Official Show Homes of the 2026 International Builders’ Show

The National Association of Home Builders (NAHB) Leading Suppliers Council, in collaboration with “Professional Builder” magazine, today unveiled the official show homes of the NAHB International Builders’ Show (IBS): The New American Home® 2026 and The New American Remodel® 2026. IBS attendees and media members may tour the homes Feb. 17-19.

Workforce Development

Feb 16, 2026

Florida HBA Helps ‘Fill the Gap’ for Local Trades Education

The Treasure Coast Builders Association has helped prepare Florida’s future workforce through local Career and Technical Education programming.

View all

Latest Economic News

Economics

Feb 16, 2026

Cost of Credit for Builders & Developers at Its Lowest Since 2022

The cost of credit for residential construction and development declined in the fourth quarter of 2025, according to NAHB’s quarterly survey on Land Acquisition, Development & Construction (AD&C) Financing.

Economics

Feb 13, 2026

Inflation Eased in January

Inflation eased to an eight-month low in January, confirming a continued downward trend. Though most Consumer Price Index (CPI) components have resolved shutdown-related distortions from last fall, the shelter index will remain affected through April due to the imputation method used for housing costs. The shelter index is likely to show larger increases in the coming months.

Economics

Feb 12, 2026

Existing Home Sales Retreat Amid Low Inventory

Existing home sales fell in January to a more than two-year low after December’s strong rebound, as tight inventory continued to push home prices higher and winter storms weighed on activity. Despite mortgage rates trending lower and wage growth outpacing price gains, limited resale supply kept many buyers on the sidelines.