Are You Potentially Responsible for TSCA Fees? EPA Issues Preliminary Lists of Companies Responsible for TSCA Risk Evaluation Fees
This week, I sat down with my colleague, Dr. Richard Engler, Bergeson & Campbell’s Director of Chemistry, to discuss what the fuss is over EPA’s January 27, 2020, issuance of a “preliminary list” of companies responsible for the $1,350,000 per-chemical fee EPA charges to conduct a risk evaluation of a high-priority chemical under TSCA Section 6. The scope of the entities “on the hook” is far broader than expected, and companies with little understanding of TSCA may be presumptively liable for these fees and TSCA enforcement scrutiny for failure to address the situation by March 27, 2020. In our conversation, Rich explains how the fee rule works and discusses the reasons why industry was caught by surprise and unclear about how best to respond to the January notice. Rich and I then explain why it is critically important for impact entities to begin now to think about forming a consortium to share the cost of the fees and related expenses and how B&C Consortia Management can assist.
We also go into a number of different themes that might be of interest to you, including why the fee rule interpretation diverges from historical TSCA “carve-outs” for byproducts, impurities, and articles, and what companies can do to protect their interests.
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