Official says EPA is Updating Policies on Enforcement Penalties of Chemical Rules

Penalty policies to ensure fines consider economic benefits chemical manufacturers reap from violations of the Toxic Substances Control Act.

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The Daily Environment Report says that an Environmental Protection Agency official claims the agency is revamping its penalty policies to ensure fines consider economic benefits chemical manufacturers reap from violations of the Toxic Substances Control Act.

The report says the agency is working to increase the consistency of enforcement actions conducted throughout its regions and divergent regulatory inspections, according to Rosemarie Kelly, director of waste and chemical enforcement.

EPA is issuing more subpoenas to gather information needed for TSCA inspections, Kelly told participants at an American Bar Association committee's briefing. ABA's Pesticides, Chemical Regulations & Right to Know Committee hosted the enforcement briefing.

Guidance the agency is preparing for its regions will encourage them to increase their TSCA enforcement activity by offering resources and expertise from headquarters, Kelly said.
Agency Anticipates Fewer Settlements

In response to such efforts, EPA anticipates fewer of its enforcement cases will be settled, she said. “About 98 percent of [TSCA] cases are settled now. I think that will change.”

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