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

Economics

Jul 21, 2026

Which Exterior Material Is Used Most in Single-Family Homes?

Holding just over a quarter share of homes, vinyl siding was the most used principle exterior wall material for homes started in 2025, surpassing stucco for the second time since 2018.

Education | Remodeling

Jul 20, 2026

Forecasting Trends That Will Reshape the Remodeling Industry

During an upcoming webinar, NAHB Economist Eric Lynch, along with other economic forecasters and remodeling experts, will provide a mid-year remodeling update and discuss their near-term forecasts for the industry.

View all

Latest Economic News

Economics

Jul 21, 2026

Shrinking Lots: Trend Levels Off as Smaller Lots Remain the Norm

The long-term shift toward building single-family detached homes on smaller lots appears to have stabilized. According to the latest Survey of Construction (SOC), the share of new homes built on smaller lots remained near record highs in 2025, following more than a decade of steadily shrinking lot sizes.

Economics

Jul 20, 2026

Exterior Material Trends in Single-Family Homes

Vinyl siding was the most used principle exterior wall material for homes started construction in 2025. This material held just over a quarter share of homes, surpassing stucco for the second time since 2018. The declining share for stucco reflected the slowdown for home building in parts of the Sun Belt.

Economics

Jul 17, 2026

Multifamily Gains Lift Overall Starts Despite Single-Family Decline

Strong multifamily growth pushed overall housing starts higher in June, while single-family production remained sluggish as elevated mortgage rates, rising construction costs and persistent labor shortages continued to weigh on the market.