ATLANTA—The Toxic Substances Control Act may have been reformed in 2016, but that doesn't mean the process is over.
Not by a long shot.
The Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law by President Obama in June 2016. Now that the one-year anniversary is on the horizon, some key developments from the Environmental Protection Agency are set to take place.
Jamie Conrad, owner of Conrad Law & Policy Council, outlined some of the key things for adhesives producers to look for during an address at the Adhesive and Sealant Council's Spring Convention and Expo.
"There are things you can do now that can incrementally position your business to be a little better off than it would have otherwise been," Conrad said. "And that may make the difference as to whether your product succeeds or fails."
One key deadline built into the new law is coming up. Section 8, or inventory reset, allows EPA to make an active chemicals list, effectively splitting some 84,000 chemicals into two groups: active and inactive. The list is due by June and EPA had asked manufacturers to provide a list of chemicals manufactured within a 10-year window prior to the enactment of the new regulation. Those chemicals will go on the active substances list, the rest on the inactive list. Those on the inactive list cannot be manufactured unless EPA is notified to make them an active substance.
Once the rule goes final, companies have 180 days to tell EPA if they've manufactured the chemical within the last 10 years from enactment. Conrad said the biggest question is whether every company who manufactures the chemical must contact EPA about using it or if just one company reporting use will be enough to place it on the active list.
Even if something is not on the active inventory, Conrad said it's not a huge deal because companies just have to file a form to move the chemical from inactive to active. But companies now not only have to check the inventory, but whether it's an active substance.