July 22, 2018

July 20, 2018

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EPA Publishes Final Inventory "Reset" Rule, Sets Reporting Dates

On August 11, 2017, the U.S. Environmental Protection Agency (EPA) published the final rule to “reset” the Toxic Substances Control Act (TSCA) Chemical Substance Inventory (Inventory). TSCA Inventory Notification (Active-Inactive) Requirements, 82 Fed. Reg. 37520 (Aug. 11, 2017).

The publication of the rule in the Federal Register establishes February 7, 2018 as the due date for mandatory reporting for manufacturers and importers. Specifically, persons must report the chemical substances they manufactured (including imported) for non-exempt commercial purposes in the ten-year period (“lookback period”) that ended on June 21, 2016 (please see our summaries of the final rule and the proposed rule for more information). The publication of the final rule also sets an October 5, 2018 due date for voluntary reporting of chemical substances processed during the lookback period.  

EPA will subdivide the Inventory into separate lists of “active” and “inactive” substances based on the chemical substances reported by manufacturers, importers, and processors. Once designated “inactive”, a chemical substance cannot be manufactured (including imported) or processed unless the company notifies EPA with their intent to reactivate the inactive substance, not more than 90 days before the “anticipated date” of manufacturing or processing.

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About this Author

 Thomas C. Berger, Keller Heckman, Environmental Protection lawyer, Product Liability Management Attorney

Tom Berger joined Keller and Heckman in 1993. Mr. Berger is a partner in Keller and Heckman's Washington DC office and heads Keller and Heckman's Indianapolis satellite office.

Mr. Berger has extensive experience in representing foreign and domestic companies, large and small, in a broad range of areas, including counseling, advocacy, and rulemaking in environmental law, occupational safety and health law, contracts, EPA enforcement proceedings, and chemical and product liability management. Mr. Berger assists clients in bringing new products to...

Herbert Estreicher Ph.D., Keller Heckman, International Regulation Lawyer, Environmental law Attorney

Herbert Estreicher, Ph.D. joined Keller and Heckman in 2003. He has a broad practice in international environmental regulatory law.

Dr. Estreicher has an interdisciplinary approach combining law and science. He represents leading manufacturers of chemicals, pesticides, insect repellents, food additives, and consumer products before Federal and State regulatory agencies.

Dr. Estreicher provides advice on product liability risk control and assists clients with crisis management for embattled products, including chlorinated pesticides, wood preservatives, dioxins, and persistent, bioaccumulative, and toxic (PBT) chemicals. He helps clients secure and maintain chemical approvals and pesticide registrations in Canada and Europe, advises clients on responding to the CEPA challenge program, and provides advice on European chemical directives and initiatives, such as the European Union (EU) Marketing and Use Directive, the EU Biocidal Products Directive, and the EU Registration, Evaluation and Authorization of Chemicals (REACH) regulation. Dr. Estreicher also represents clients in the negotiation and development of various international environmental instruments governing persistent organic pollutants (POPs), has been actively involved in the Great Lakes Binational Toxics Strategy, and has participated in the Canadian Strategic Options Process (SOP). He is actively engaged in the areas of TSCA Reform and the California Green Chemistry Initiative. His extensive background in organic chemistry, risk assessment and bioengineering is valued highly by clients in the chemical, nanotechnology, and biotechnology industries.

Gregory A. Clark, Keller Heckman, EPA Contractor Lawyer, Environmental matters Attorney

Gregory Clark joined Keller and Heckman in 2010. He practices in the area of environmental law.

While in law school, Mr. Clark served as an articles editor for the Virginia Journal of Law and Technology. Prior to law school, Mr. Clark worked as an EPA contractor, primarily for the Water Security Division in the Office of Groundwater and Drinking Water. In this arena, Mr. Clark worked on validation of molecular biology and microbiology methods and on emergency preparedness. He led development of what is now EPA's Water Laboratory Alliance...