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
Oct 21, 2026
NAHB Invests $47K in State and Local Advocacy Efforts

During the Fall Leadership Meeting in Detroit, the State and Local Government Affairs Committee approved $47,000 through the State and Local Issues Fund to help HBAs reduce barriers to housing attainability.

Workforce Development
Oct 20, 2026
Maryland HBA and Local Partners Show Students Where Construction Can Lead

For Maryland students and young adults deciding their next steps, the Frederick County Building Industry Association’s goal is to help them see how many different paths to success are available in residential construction.

View all

Latest Economic News

Economics
Oct 21, 2026
Nearly One in Three Construction Workers are Hispanic

Diversifying the construction labor force remains a key priority amid persistent skilled labor shortages. According to NAHB analysis of the 2024 American Community Survey, non-Hispanic White workers account for the majority of the construction industry at 55.8%. Hispanic workers now represent nearly one-third of the labor force at 32.8%, followed by non-Hispanic Black workers at 5% and non-Hispanic Asian workers at 1.8 %.

Economics
Oct 21, 2026
Market Share for Modular and Other Non-Site Built Housing in 2025

The total market share of non-site-built single-family homes (modular and panelized) was just 3% of single-family homes in 2025, according to NAHB analysis of completion data from the U.S. Census Bureau’s Survey of Construction (SOC).

Economics
Oct 20, 2026
Single-Family Starts Down as Affordability Challenges Persist

Single-family housing starts declined in September as builders faced higher financing, building material costs, and ongoing labor shortages.