Thomas C. Berger: Lawyer with Keller and Heckman LLP

Thomas C. Berger

Indianapolis,  IN  U.S.A.

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Experience & CredentialsOther Offices

Practice Areas

  • Chemical Control
  • Environmental
  • Environmental and Toxic Tort Litigation
  • Pesticides
  • Health and Safety Compliance Audit
  • International Regulatory Affairs
  • Nanotechnology Strategy, Regulation and Defense
University Michigan State University, B.S., Ch.E., 1987
Law SchoolGeorge Washington University Law School, J.D., cum laude, 1993
Admitted1993, Pennsylvania; 1995, District of Columbia; 2006, Indiana


American Bar Association


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 market in an expedient, cost-effective manner using an interdisciplinary approach that combines law and science with an emphasis on emerging technologies in the industrial chemicals area. Mr. Berger frequently undertakes matters that involve polymers and complex chemical nomenclature issues.

Mr. Berger's practice focuses on the regulation and approval of new and existing chemicals under the Toxic Substances Control Act (TSCA) and its international counterparts in Australia, Canada, China, the European Union, Japan, Malaysia, New Zealand, the Philippines, South Korea, and Taiwan. Mr. Berger also counsels trade association clients on various matters, including environmental, product disparagement, and defense issues. Mr. Berger is heavily involved in efforts to reform TSCA, EPA's Chemical Data Reporting (CDR) rule, TSCA Work Plan Chemicals, and green chemistry issues.

Mr. Berger designs, conducts, and manages voluntary compliance audits, counsels companies on managing liability under EPA's Audit Policy and other penalty mitigation policies, and assists companies in preparing for agency inspections and responding to EPA information requests and subpoenas. Mr. Berger assists clients with the TSCA premanufacture notification (PMN) review process, and negotiates the terms and conditions of TSCA section 5(e) consent orders, and significant new use rules (SNUR).

Mr. Berger co-authored an amicus curiae brief for U.S. Supreme Court in Hoechst Celanese v. United States, 128 F.3d 216 (4th Cir. 1997), and four technical papers on polychlorinated dibenzo-p-dioxins and furans (dioxin). Mr. Berger was a contributing author of Environmental and Workplace Safety, A Guide for University, Hospital, and School Managers (Van Nostrand Reinhold, 1996).

Mr. Berger has a chemical engineering background and prior to joining Keller and Heckman was employed by the E.I. duPont de Nemours & Co., Inc.

Mr. Berger is a frequent lecturer on chemical notification, chemical regulation, liability management, auditing, enforcement, and TSCA reform issues.


Sep 18, 2007 Register Today for Keller and Heckman's Advanced Chemical Control Law Seminar: Hot Topics Here and Abroad
Jun 29, 2009 Partner Thomas Berger Quoted in Article on EPA's Review of Its Chemical Program
Apr 30, 2010 TSCA Reform Update: Keller and Heckman LLP Hosts Webinar on TSCA REFORM
Aug 13, 2010 Partner Thomas Berger Quoted in Article on Reaction to TSCA Overhaul Bill
Mar 21, 2011 Partner Thomas Berger to Speak About Recent Developments in Chemical Notification Requirements in Japan, Taiwan and Korea at the 2011 Globalchem Conference
May 18, 2011 Partner Tom Berger to Speak at Personal Care Products Council Legal and Regulatory Conference
Aug 25, 2011 Partner Tom Berger to Present TSCA: The Basics and Importance for the Plastics Industry Webinar
Mar 07, 2012 Partner Thomas Berger to Speak About Recent Developments in Chemical Notification Requirements in Japan, Taiwan and Korea at the 2012 GlobalChem Conference
Apr 10, 2012 Partner Tom Berger to Speak at ABA Program on Recent Chemical Control Law Developments in Asia
Jun 19, 2012 Partner Tom Berger to Speak on Green Chemistry Legislation at the 16th Annual ACS Green Chemistry & Engineering Conference
Jul 09, 2013 Tom Berger and Herb Estreicher To Present a Webinar for Bloomberg BNA's Environment, Health & Safety Division
Apr 27, 2013 Tom Berger To Present at the Ohio Environment and Resources Law Seminar


Jun 26, 2007 Basic TSCA Course
Sep 18, 2007 Advanced Chemical Control Law Seminar: Hot Topics Here and Abroad
Apr 17, 2008 One-Day, Basic TSCA Course
Sep 23, 2008 Advanced Chemical Control Course: Managing a Shifting Regulatory Climate - Washington, D.C.
Apr 06, 2008 2009 GlobalChem Conference and Exhibition
Apr 06, 2009 2009 GlobalChem Conference and Exhibition
Oct 13, 2009 Register Today for The REACH Around the World Webinar
Mar 29, 2010 2010 GlobalChem Conference and Expo
Apr 14, 2010 Partner Thomas Berger to Speak at Society for Chemical Hazard Communication Conference
Mar 21, 2011 2011 Globalchem Conference and Expo
May 24, 2011 Register Today! What U.S. Companies Need to Know: How to Manage the Regulatory Hurdles of TSCA, FIFRA & FDA
Oct 24, 2011 Register Today! - Chemical Control Law Seminar - October 24-26, 2011
Aug 09, 2011 Register Today! - A Webinar Focusing on EPA's New Chemical Data Reporting (CDR) Rule
Mar 05, 2012 2012 GlobalChem Conference and Expo
May 15, 2012 Registration is Closed - How to Manage the Regulatory Hurdles of TSCA and FDA - Indianapolis, IN - May 15-16, 2012
Jun 11, 2013 Registration is Closed - A Webinar on TSCA Modernization and The Chemical Safety Improvement Act of 2013
Nov 12, 2013 Tom Berger to Speak at SPI's Food Packaging Summit
May 06, 2014 TSCA & FDA Seminar - Indianapolis, IN


Jan 15, 2014 Upcoming Deadline for TSCA Polymer Exemption Notification
Oct 04, 2013 What is California Up To? - The Initial List of Candidate Chemicals is Published
Aug 05, 2013 Senate Committee on Environment and Public Works Holds Hearing on TSCA Reform
Jun 19, 2013 Dual Column Integrated Presentation of TSCA and CSIA
May 22, 2013 Summary - Chemical Safety Improvement Act of 2013
Apr 12, 2013 Safe Chemicals Act of 2013 Reintroduced in Identical Form
Jan 31, 2013 Upcoming Deadline for TSCA Polymer Exemption Notification
Aug 15, 2012 Summary of the Committee Mark-up of the Safe Chemicals Act of 2011 (S. 847)
Jul 30, 2012 Senate Environment and Public Works Committee Approves Lautenberg TSCA Reform Bill
Apr 02, 2012 Electronic TSCA CDX Reporting Required Beginning April 7, 2012
Mar 02, 2012 Client Alert: EPA Identifies 7 Initial Work Plan Chemicals for 2012 Risk Assessment
Nov 21, 2011 Senate Holds Hearing on Safe Chemicals Act of 2011 - November 17, 2011
Oct 31, 2011 TSCA Enforcement to Focus on Section 5, Economic Benefit Recovery
Aug 04, 2011 EPA Finalizes New Chemical Data Reporting Rule Under TSCA
Jun 15, 2011 Japan's New Chemical Reporting Requirements
Jun 13, 2011 Telecom Business Alert -- Vol. VIII Issue 24
May 12, 2011 EPA Suspends the 2011 IUR Submission Period
Apr 26, 2011 Report from the Chemical Heritage Society's Public Dialogue on TSCA's Roots
Apr 15, 2011 Safe Chemicals Act of 2011: The Official Start of TSCA Reform Efforts in the New Congress
Mar 23, 2011 Lower Expectations for TSCA Reauthorization in 2011
Mar 11, 2011 The Constantly Pending PMN: Low Volume Exemption Applications Are Living Documents
Jan 11, 2011 Jan. 31: Notification Deadline under TSCA Polymer Exemption
Sep 20, 2010 Environmental Business Alert: End-of-Year Deadline to Nominate Existing Chemicals for Taiwan Inventory Nears
Aug 11, 2010 The Toxic Chemicals Safety Act of 2010
Aug 11, 2010 EPA Proposing to Amend TSCA Inventory Update Rule
Aug 06, 2010 Nanotechnology Defined
Apr 15, 2010 TSCA Reform Legislation Introduced in Senate, Companion Discussion Draft Released in House
Mar 26, 2010 Environment and Public Works Subcommittee Hearing on TSCA and Persistent, Bioaccumulative, and Toxic Chemicals: Examining Domestic and International Actions
Mar 25, 2010 The Long Road to TSCA Reform
Feb 05, 2010 Environment and Public Works Subcommittee Hearing on Current Science on Public Exposures to Toxic Chemicals
Feb 01, 2010 A Different Strategy for 2010 TSCA Reform
Jan 27, 2010 EPA Amends TSCA Polymer Exemption to Exclude Certain Perfluorinated Polymers
Jan 06, 2010 EPA Issues Eleventh Hour Action Plans for Classes of Chemicals
Jan 06, 2010 EPA Requires E-Submission of TSCA Filings
Nov 19, 2009 Energy and Commerce Subcommittee Hearing on Prioritizing Chemicals for Safety Determination
Jan 16, 2009 TSCA Inventory Needs to be Sustained, Not Depleted
Dec 18, 2008 EPA to Reset TSCA Inventory
Feb 12, 2008 New TSCA 8(D) Reporting Requirements for Lead in Children's Products
Nov 15, 2006 Environmental Business Alert
Aug 25, 2006 EPA Issues TSCA Rules to Regulate 243 Orphan HPV chemicals
Mar 22, 2006 EPA Issues Final Test Rule for 17 High Production Volume Chemicals
Mar 13, 2006 EPA Proposes to Add 183 Substances to TSCA PFAS SNUR
Mar 09, 2006 Environment Canada Issues Reporting Requirement For 497 Substances
Mar 03, 2006 EPA Proposes to Amend TSCA Export Notification Requirements
Oct 20, 2005 Canada Overhauls CEPA NSN Scheme
Mar 30, 2005 Reporting Substantial Risk Information Under Section 8(e) of TSCA
Apr 27, 2004 EPA Issues Final TSCA Test Rule Requiring In Vitro Dermal Absorption
Apr 15, 2004 New Substance Notification in Canada
Apr 15, 2004 Canada's New Substance Fees and Credit Card Payment Options
Mar 04, 2004 New Chemicals Notification in Australia
Mar 04, 2004 Japan's Regulatory Scheme for Workplace Chemicals Under the Industrial Health and Safety Law
Mar 04, 2004 Notification of New Chemical Substances in Japan
Mar 04, 2004 Notification of New Chemical Substances Under the Seventh Amendment of the European Union's Dangerous Substances Directive
Mar 03, 2004 EPA Amends TSCA Section 8(e) Reporting Policy
Feb 17, 2004 TSCA Section 12(b) Export Notification Requirement Gets Teeth
Feb 05, 2004 EPA Issues Draft Q&A Document for TSCA New Chemicals Notification
Jul 17, 2003 EPA's Audit Policy and TSCA Violations
Jun 01, 2003 Environmental Reporting and Recordkeeping: Sound Strategies and Legal Insights
May 20, 2003 Toxic Substances Control Act (TSCA): What European Exporters Need to Know Seminar Manual
Jan 10, 2003 EPA Amends TSCA Inventory Update Rule (IUR)
Sep 24, 2002 2002 Inventory Update Rule Reporting Period Begins; EPA Reporting for Previously Exempted Polymers
Oct 23, 2001 TSCA Inventory: Names Must Be Changed For Monomer and Isostearic Acid
Dec 16, 1999 EPA Proposes Amendments to TSCA IUR Rule
Oct 16, 1997 The TSCA Low Volume Exemption -- A Practical Alternative to a PMN
Feb 24, 1997 International Chemical Control Laws Survey
Feb 24, 1997 Understanding the European Union's R&D Regulations
EPA to Reset TSCA Inventory


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Upcoming Deadline for TSCA "Polymer Exemption" Notification
Thomas C. Berger, January 15, 2014
An important deadline is approaching for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) "polymer exemption".[1] The one-time notification to the U.S. Environmental Protection Agency (EPA) that must identify the number of polymers first...
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Office Information

Thomas C. Berger

9465 Counselors Row, Suite 200
IndianapolisIN 46240


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