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August 11, 2026

Ryan N. Schmit Quoted in Inside TSCA Article “As Senate Prepares To Depart, Some Eye Back Up Plans For TSCA Reform”

Bergeson & Campbell, P.C.

On August 3, 2026, comments by Ryan N. Schmit were featured in Inside TSCA’s article discussing Toxic Substances Control Act (TSCA) reform.

Ryan Schmit, of counsel with the chemicals-focused law firm Bergeson & Campbell and formerly with EPA’s chemicals office, told Inside TSCA July 31 that TSCA “conversations are continuing, both on and off the Hill, but the exact timing of any next steps remains unclear.” Schmit added the Coalition for Chemical Innovations, managed by his firm, “is still optimistic that Congress can achieve some meaningful improvements for the TSCA new chemicals program, in addition to reauthorizing EPA’s fee collection authority, even if it cannot be achieved by the end of the fiscal year.”

Schmit also addressed the idea of a “backup plan” to the expiring user fees on June 10, during the TSCA anniversary conference hosted by his firm, the Environmental Law Institute, and George Washington University’s public health school.

“Time is obviously quite short here. The number of legislative days left in this Congress is dwindling. The number of legislative days that remain before the expiration of the fee authority at the end of September of this year is even shorter, and Congress obviously has a whole host of other competing priorities that they’re dealing with,” Schmit noted during a panel session at the June 10 conference.

Schmit described himself as an optimist, arguing that “where there’s a will, there’s a way.”

He said the House and the Senate have showed that they’re “committed to making changes to TSCA by putting out the discussion drafts, by holding the legislative hearings,” though he acknowledged that neither the House Energy and Commerce Committee’s draft bill nor EPW’s draft bill — both authored by Republicans — has been formally introduced or otherwise advanced through the legislative process.

“I think that most people recognize that any legislation that’s going to have a chance of getting enacted is going to have to have some bipartisan support, and . . . the discussion drafts so far have obviously not attracted that kind of bipartisan support.”

Pressed on the idea of a contingency plan by the conference moderator, Schmit agreed it was right to consider a backup to legislation.

“In my view, allowing EPA fee collection authority to expire would not be wise,” he said at the conference, noting that TSCA fees make up around 25 percent of the TSCA program’s operating budget.

Were the fee authority to expire unaddressed, “the deficit from the loss of fee collections could be made up by additional congressional appropriations, and that’s assuming that Congress would agree to do that, which is a question mark.”

At least in the short term, “expiration could present some pretty significant additional challenges to a TSCA program that’s already struggling to keep pace with its obligations under current staffing levels, current resource levels,” Schmit warned.

“In terms of a contingency plan, I think that it may be wise for folks to start . . . thinking about a reauthorization of the fee collection authority that might be paired with smaller, more incremental changes towards improving the statutory structure . . . perhaps things that are more readily agreeable by both Republicans and Democrats . . . and certainly with the view towards the longer term reauthorization of the fee collection authority . . . paired with continuing the discussion on broader changes that can again position EPA for that long term success.”

See https://insideepa.com/tsca-news/senate-prepares-depart-some-eye-back-plans-tsca-reform (subscription required)