On April 24, 2018, EPA released for public comment a supplemental analysis on the definitions of small business size and their effect on Toxic Substances Control Act (TSCA) user fee collection. In the proposed fees rule EPA released in February, small businesses can quality for reduced fee amounts. For the supplemental analysis, EPA requested comment on:
- Whether an employee-based size standard (how many people are working there) would be more appropriate than a revenue-based size standard (how much revenue comes in), and what that employee level should be (note: the revenue level standard is already in the proposed rule);
- Whether either size standard should vary from industry to industry for any reason;
- What other factors and data sources the Agency should consider, besides inflation, when developing the size standard; and
- What should the new TSCA section 5 fee amounts be if EPA changes the size standard?
EPA is also extending the comment period for the proposed TSCA fees rule until May 24, 2018. This is meant to give interested parties more time to comment on both the rule and the supplemental analysis.