EPA Seeks Comments on Small Business Exemption to TSCA Reporting, Recordkeeping Requirements

The Environmental Protection Agency seeks comments on whether it needs to adjust its threshold for small business exemptions to Section 8(a) reporting and recordkeeping requirements under the Toxic Substances Control Act, it said (here). Currently, small businesses are mostly exempt if they have total annual sales of less than $40 million, including their parent company, and produce or import no more than 100,000 pounds or less of a given substance at any particular site, or if they have total sales of less than $4 million, regardless of the quantity produced or imported. EPA has preliminarily determined changes are warranted to the size standard based on inflation and the relatively low level of the threshold compared to Small Business Administration size standards. If it decides to make the changes it will begin a rulemaking through a notice in the Federal Register. Comments are due Jan. 17.