Lynn L. Bergeson, “EPA-Initiated TSCA Risk Evaluations: Who Is on the Hook for Fees Has Changed,” Washington Watch, Summer 2020.

Under the amended Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency (EPA) has authority to collect fees from chemical manufacturers and importers to defray a portion of the EPA costs associated with risk evaluation efforts. The fees are quite substantial and who pays them has been the subject of considerable debate and uncertainty. This column addresses issues that have caused confusion and anxiety for industry stakeholders regarding the self-identification criteria, time lines, and procedures, and seeks to add much needed clarity to this chaotic issue.