In 2016, the Toxic Substances Control Act (TSCA) was amended to provide the Environmental Protection Agency (EPA) with expanded authority to collect fees from eligible TSCA activities to help defray up to 25% of the costs associated with TSCA implementation efforts. The EPA first finalized the fee structure by rule in 2018 and then revised it in 2024. The fee collection authority was set to expire at the end of the fiscal year in 2026.
On September 2, 2026, President Trump signed a continuing resolution (CR) that funds the federal government and extends the EPA’s authority to assess TSCA user fees from the end of the federal fiscal year on September 30, 2026, to December 11, 2026, “unless otherwise reauthorized or modified by Congress.”
Without the extension, the EPA would have lost the authority to collect fees for key activities, including premarket reviews of new chemical applications submitted by companies. The extension avoids a lapse in fee authority ahead of the November midterm elections while setting the stage for potential broader legislative action during the lame-duck session.
TSCA User Fees and Their Significance
TSCA user fees fund a substantial portion of the EPA’s chemical review program and support the agency’s ability to meet the statute’s demanding deadlines. Industry representatives have argued that a lapse in fee authority would leave the TSCA program even more resource-starved and slow the EPA’s review timelines, particularly for new chemical reviews that companies rely on to bring products to market.
The extension comes after nearly two years of industry advocacy aimed at both preserving the fee authority and overhauling the 2016 TSCA amendments. While various industry groups launched reform efforts following the 2024 general election, those efforts have stalled due to opposition from environmental groups and some members of Congress, the complexity of the underlying issues, and differing industry priorities.
Industry Calls for TSCA Reform
Industry groups are using the short-term extension as an opportunity to push for targeted reforms to TSCA. While different industry groups have called for a range of amendments, changes to TSCA Sections 5 and 6 are priorities for many.
TSCA Section 5 (new chemical reviews)
Many industry groups are advocating for changes that will increase the speed and predictability of the EPA’s review of new chemicals. For example, one industry group urges Congress to clarify the scope of intended and reasonably foreseeable conditions of use, establish clear expectations for data completeness at the outset of review, and create priority pathways for safer substitutes and Safer Choice–aligned chemistries. The group also supports a specified use stewardship pathway with continued EPA oversight to help lower-risk innovations reach the market without weakening safety reviews.
TSCA Section 6 (existing chemical risk evaluations)
A common theme when it comes to the EPA’s evaluation of existing chemicals is the need for the agency to base its reviews on credible, real-world exposure data. Other industry group comments call for improved coordination with other federal agencies such as the Occupational Safety and Health Administration on workplace controls, strengthened fit-for-purpose peer review, and a clearer direction to the EPA to select measures that reduce unreasonable risk to the extent reasonably foreseeable.
Significance and Next Steps
The December 11, 2026, deadline creates a narrow window for congressional action. If Congress does not enact a longer-term reauthorization or further extension, the EPA’s ability to collect TSCA user fees will lapse, potentially disrupting the agency’s chemical review operations. The lame-duck session following the midterm elections may also present an opportunity for bipartisan TSCA reform legislation.
Businesses that are subject to TSCA user fees—particularly those that submit new chemical applications under Section 5 or that are involved in activities subject to Section 6 risk evaluations—should take the following steps:
- Monitor the December 11 deadline. Track whether Congress pursues a long-term reauthorization or an additional short-term extension or allows the fee authority to lapse.
- Assess the impact of potential reforms. Review industry’s proposed changes to Sections 5 and 6, as well as any other reform proposals that may emerge, to understand how they could affect your regulatory obligations and product development timelines.
If you have any questions, or would like additional information, please contact one of the attorneys on our Environmental, Land Use & Natural Resources team.
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