The EPA may require payments from persons who are required to submit certain information to the agency. These fees must be no more than reasonably necessary to cover the costs of conducting risk evaluations, protecting from disclosure, and other duties of the Administrator. The Frank R. Lautenberg Chemical Safety for the 21st Century Act establishes a fund in the Treasury of the United States, which will be used to collect and deposit fees.
Fees collected through the fund may be used only to the extent and in the amount provided in advance in appropriation Acts. Each year, the agency must submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives. This report should include all of the fees paid into the fund and amounts dispersed from the fund during the period of the report. This report will be analyzed to determine accuracy and reasonableness of fees.
When determining fees, the agency must:
- Grant lower fees to small businesses
- Set fees at levels which will cover all costs related to this Act
- Allow the payment of fees by a consortium of manufacturers and processors
- Meet with parties that will be subject to fees prior to establishing such fees
- Every three years after the start date of the Act, consult with parties which are subject to fees and adjust as necessary
- Refund or partially refund fees for notices on determination that were withdrawn or not reviewed