The Essential Value of Forming TSCA Consortia – Update from Bergeson & Campbell, P.C.

The Essential Value of Forming TSCA Consortia

Today as never before, the old adage “there is strength in numbers” rings true. As the U.S. Environmental Protection Agency (EPA) continues to implement the amended Toxic Substances Control Act (TSCA), industry stakeholders are recognizing the immense importance of working within consortia to leverage resources, reduce cost, and increase opportunities for successful results. EPA statements in connection with TSCA implementation have repeatedly reinforced its expectation that industry will work collaboratively and efficiently in consortia in supporting the TSCA Section 6 risk evaluation process for the 20 high-priority chemical substances undergoing evaluation. EPA’s policies for consortia-backed testing under TSCA Section 4 reflect EPA’s belief that when confronted with requirements that are best addressed through shared effort, companies subject to TSCA test rules will opt to work together to complete the testing.

Industry stakeholders are scrambling to understand the obligations for self-identification in response to EPA’s January 27, 2020, notice identifying the “preliminary lists” of manufacturers (including importers) of the 20 chemical substances that EPA designated as high-priority for risk evaluation for which fees will be charged. See B&C’s February 26, 2020, memorandum on EPA’s February 24, 2020, webinar on the application of the TSCA fees rule to the 20 high-priority chemical substances.

This ongoing effort, and recognition that this process will repeat itself when the next round of chemicals are identified for prioritization, crystalizes the urgent need to form consortia for chemicals of commercial interest now.

To read the remainder and full memorandum online, click here.

Click for PDF of Decision Logic for Assessing Need of Consortia Management for TSCA Work Plan Chemicals

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