The TSCA rule change (commonly referred to as TSCA “Reset”) requires EPA to designate chemical substances on the TSCA Inventory as either “active” or “inactive” in U.S. commerce. To comply with the 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 10-year time period starting from June 21, 2006 through June 21, 2016.
Key Regulatory Dates:
- The reporting period initiated with the publication of the Rule 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.
- Processors include, but are not limited to “Users” of chemical substances (i.e. a manufacturer using a particular substance in their operation).
- For Processors and “Users”: Until October 5, 2018 Processors “may” (Processors have the “option”) review the TSCA Draft Active Inventory list and notify EPA if any additional chemicals they process should be included on the Active Inventory list.
Important Update on Non-Regulatory OEM Requests:
Many original equipment manufacturers (OEM’s) are issuing requests that ask their suppliers (which may include Processors and Users) to seek confirmation that any chemical substances used in the supplier’s product(s) [via Bill of Materials] and related substances are reviewed to ensure that no chemicals are inadvertently left off the Active Inventory.
As part of these requests, Suppliers are being asked to take steps to ensure the EPA Inventory Notification process is completed by February 2018 or, at the least, prior to October 5, 2018, for all non-exempt chemical substances used throughout your supply chain. This includes many manufacturers that have requested their vendors coordinate with upstream suppliers (chemical manufacturers and importers) to ensure they too are taking steps to comply in a timely manner.
As a Processor or User, if you have received such a request or anticipate a request of this nature from a customer, it is critical to be thorough in your approach. Please give us a call to discuss your specific needs.