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Title 42, The Public Health and WelfareRelease 119-110

§4370c Environmental Protection Agency Fees

Title 42 › CHAPTER 55 — NATIONAL ENVIRONMENTAL POLICY › SUBCHAPTER III — MISCELLANEOUS PROVISIONS › § 4370c

Last updated Sep 23, 2026|Official source

Summary

EPA must make rules to charge fees for services and activities it does under laws it enforces. The fees must raise extra money above what EPA already collects. The extra must be at least $28,000,000 in fiscal year 1991, and at least $38,000,000 in each fiscal year 1992, 1993, 1994, and 1995. No more than $10,000,000 of the extra may come from work under the Federal Water Pollution Control Act. Fees from programs under the House Committee on Energy and Commerce are limited to the amounts collected as of November 5, 1990 under sections 2625(b) and 2665(e)(2) of title 15 and any amounts the Clean Air Act Amendments of 1990 specifically allow. Any remaining required fees must come from other EPA programs. Collected fees go into a special Treasury account for environmental services and, when Congress allows, can be used by EPA for the work the fees pay for until spent. This does not change EPA’s authority to set fees under 31 U.S.C. 9701.

Full Legal Text

Title 42, §4370c

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Assessment and collection
The Administrator of the Environmental Protection Agency shall, by regulation, assess and collect fees and charges for services and activities carried out pursuant to laws administered by the Environmental Protection Agency.
(b)Amount of fees and charges
Fees and charges assessed pursuant to this section shall be in such amounts as may be necessary to ensure that the aggregate amount of fees and charges collected pursuant to this section, in excess of the amount of fees and charges collected under current law—
(1)in fiscal year 1991, is not less than $28,000,000; and
(2)in each of fiscal years 1992, 1993, 1994, and 1995, is not less than $38,000,000.
(c)Limitation on fees and charges
(1)The maximum aggregate amount of fees and charges in excess of the amounts being collected under current law which may be assessed and collected pursuant to this section in a fiscal year—
(A)for services and activities carried out pursuant ot the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.] is $10,000,000; and
(B)for services and activities in programs within the jurisdiction of the House Committee on Energy and Commerce and administered by the Environmental Protection Agency through the Administrator, shall be limited to such sums collected as of November 5, 1990, pursuant to section 2625(b) and 2665(e)(2) of title 15, and such sums specifically authorized by the Clean Air Act Amendments of 1990.
(2)Any remaining amounts required to be collected under this section shall be collected from services and programs administered by the Environmental Protection Agency other than those specified in subparagraphs (A) and (B) of paragraph (1).
(d)Rule of construction
Nothing in this section increases or diminishes the authority of the Administrator to promulgate regulations pursuant to section 9701 of title 31.
(e)Uses of fees
Fees and charges collected pursuant to this section shall be deposited into a special account for environmental services in the Treasury of the United States. Subject to appropriation Acts, such funds shall be available to the Environmental Protection Agency to carry out the activities for which such fees and charges are collected. Such funds shall remain available until expended.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Water Pollution Control Act, referred to in subsec. (c)(1)(A), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see

Short Title

note set out under section 1251 of Title 33 and Tables. section 2665(e)(2) of title 15, referred to in subsec. (c)(1)(B), was redesignated section 2665(d)(2) of Title 15, Commerce and Trade, by Pub. L. 104–66, title II, § 2021(l)(2), Dec. 21, 1995, 109 Stat. 728. The Clean Air Act

Amendments

of 1990, referred to in subsec. (c)(1)(B), means Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399. For complete classification of this Act to the Code, see

Short Title

of 1990 Amendment note set out under section 7401 of this title and Tables. Codification In subsec. (d), “section 9701 of title 31” was in the original “the Independent Office Appropriations Act (31 U.S.C. 9701)” and substitution was made as if it read for “title V of the Independent Offices Appropriation Act of 1952” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was enacted as part of the Omnibus Budget Reconciliation Act of 1990, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4370c

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110