By Judah Prero, Sidley Austin LLP
For the first time in over 40 years, the US Environmental Protection Agency (EPA) is requiring identification and reporting of chemicals actively used in commerce in the US. If a chemical is not reported by the deadline, it will not be legal for use in the US. This could have significant impacts on any manufacturer or importer of goods: if they do not know what is in the product, they may be using or selling an item that contains an illegal chemical. This could lead to enforcement action by EPA, supply chain disruptions, and exposure to liability for the failure to report and use of an illegal chemical. Chemical users now have the ability to report any chemical that may not yet have been identified by chemical manufacturers. The reporting deadline is October 5, 2018.