Overview
Steptoe partner Michael Boucher was recently featured in Chemical Watch discussing EPA's massive administrative complaint against Wego Chemical Group. Alleging a "sustained pattern" of non-compliance across hundreds of millions of pounds of imported chemicals, EPA's action marks a significant escalation in agency scrutiny over core TSCA obligations—including Pre-Manufacture Notices, Significant New Use Rules, and Chemical Data Reporting diligence.
The complaint sends a clear signal to the industry regarding how EPA evaluates reporting diligence, particularly use of the "known or reasonably ascertainable" standard for reporting information about the downstream processing and use of substances.
"Asserting that chemical use information is not known or reasonably ascertainable is permissible where appropriate," Boucher noted. "But the EPA expects companies to take reasonable steps to gather and evaluate information available within the organization or through public sources—especially where a company's own public-facing materials speak to how a chemical is used."
Ultimately, this multi-million-dollar enforcement action underscores a critical compliance takeaway: TSCA reporting and certification obligations must be accurate, internally consistent, and backed by thorough internal diligence to avoid severe enforcement risks.
Read the full article in Chemical Watch (Subscription Required).
