TSCA Inventory Notification (Active-Inactive) Final Rule published 8/11/2017 in Federal Register (40 CFR 710)
Chemical manufacturers, processors, distributors and importers are subject to chemical control requirements under the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA). TSCA provides EPA with authority to require reporting, recordkeeping, testing requirements and restrictions relating to chemical substances and/or mixtures.
Amendments to TSCA require EPA to designate chemical substances on the TSCA Inventory as either “active” or “inactive” in U.S. commerce. To comply with the “active-inactive” rule, EPA has established a retrospective electronic notification of chemical substances on the TSCA Inventory that were manufactured or imported, for nonexempt commercial purposes, in the U.S. over a ten-year time period starting from June 21, 2006 through June 21, 2016.
The reporting period initiated with the publication of the Rule in the Federal Register and ends for manufacturers and importers on February 7, 2018. A provision of the rule allows for reporting by processors through October 5, 2018 which provides an opportunity for processors to report any chemical substances not activated through the initial manufacturer/importer reporting.
Reporting involves electronic submission to EPA via EPA’s Central Data Exchange (CDX) of a Notice of Activity.
The notification includes*:
- Chemical identity
- Official technical contact
- Certification statement
- Desire to maintain any existing Confidential Business Information
*Chemical substances that were reported as part of the 2012 or 2016 Chemical Data Reporting (CDR) rule and in Notices of Commencement received since June 21, 2006 are exempt from reporting under this rule and are considered “active” on the TSCA Inventory. It should be noted that this new rule requires a review of all chemicals (manufactured or imported) subject to TSCA, not just those that were subject to CDR reports. This means an operator must evaluate all substances subject to TSCA, regardless of quantity.
Submitting a notification will designate the chemical substance as “active” on the TSCA Inventory and allow for its continued commercial production and use in the U.S.; all chemicals on the existing TSCA Inventory where no notification is submitted during the reporting period will become “inactive” and require a similar notification no more than 90 days prior to manufacture or import.
Cornerstone’s proprietary chemical software tool, developed in-house, allows a thorough and streamlined approach to the above tasks. Cornerstone can assist with the collection of information, determination of reportable chemical substances and with the preparation and submission of reports to EPA.