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). To read the final rule, please click here.

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.

If you have questions about the Inventory “Reset” rule, contact Tom Berger at berger@khlaw.com or Herb Estreicher at estreicher@khlaw.com.