Date: Jul 05, 2017
On June 22, 2017, the first anniversary of the Lautenberg TSCA amendments, the U.S. Environmental Protection Agency (EPA) released its final rule to “reset” the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. The goal of this new rule is to subdivide the Inventory into separate lists of “active” and “inactive” substances. EPA will include these active and inactive designations on the TSCA Inventory as part of its regular publications of the Inventory.
Significantly, the rule gives industry 180 days to report chemicals manufactured (including imported) for non-exempt commercial purposes in a ten-year period (“lookback period”) that ended on June 21, 2016. This rule has not yet been published in the Federal Register, but when it is, the 180-day clock starts. For the prepublication copy of the rule, click here.
Important changes occurred between the final rule and the rule as proposed on January 13, 2017 (82 Fed Reg. 4,255, see our summary of the proposal here).Below we highlight the changes and analyze the final requirements under the new rule and their practical implications.
Changes from the Proposal
Based on the numerous comments that EPA received during the proposal’s notice and comment period, EPA made many significant changes to the rule:
Practical Requirements Under Final Rule
If you have questions about the Inventory “Reset” rule, contact Tom Berger at firstname.lastname@example.org, or Herb Estreicher at email@example.com.