Chemicals, Reporting

TSCA Reporting Deadline Is Approaching for Chemical Manufacturers

In August 2017, the EPA finalized the Toxic Substances Control Act (TSCA) Inventory Notification Requirements, less formally referred to as the TSCA Inventory Reset Rule. The purpose of the rule is to clarify the status of the tens of thousands of chemicals in the TSCA Chemical Substance Inventory by designating each as either “active” or “inactive.”
Chemicals TSCA
To accomplish this, the EPA established reporting deadlines for manufacturers and processors so that the EPA can properly make the active/inactive designations.  For manufacturers, the reporting deadline is just around the corner on February 7, 2018.

What to Report

Retrospective reporting.  By February 7, 2018, manufacturers, which include importers, must report to the EPA if they manufactured a chemical in the TSCA Inventory during the 10-year period ending June 21, 2016.  If no notice is received during this retrospective reporting period for a substance subject to designation on the TSCA Inventory, that substance will be designated as inactive.

Manufacturers provide chemical identity information and indicate whether they seek to maintain an existing claim for protection against public disclosure of a chemical identity claimed as confidential business information (CBI).

Exemptions.The EPA notes that there are entries in the TSCA Inventory that are exempt from reporting because they do not meet the definitions of a chemical substance, a chemical substance subject to commercial activity, or a reportable chemical substance, all of which are subject to notifications. Exempted chemical substances include polymers, some chemicals used in research, and chemicals used in test marketing. Under TSCA, none of these substances can be designated as active or inactive and are, therefore, not subject to reporting. Other reporting exemptions apply to chemicals used for an exempt commercial purpose and chemicals for which the EPA already has an equivalent notice.

How to Report

All reports must be generated using the e-NOA software module that is available within EPA’s Central Data Exchange (CDX).  Once the reports are generated using the required software, they must be submitted to the EPA via the CDX.

A Look Ahead

Retrospective reporting for processors.  Similar to manufacturers, chemical processors must report to the EPA if they processed a chemical in the TSCA Inventory during the 10-year period ending June 21, 2016.  However, the deadline for chemical processors to submit this information is October 5, 2018.

Future reporting.  Any person who intends to manufacture or process a chemical substance that is designated “inactive” on the TSCA Inventory must also report to the EPA not more than 90 days before the anticipated date of manufacturing or processing the inactive chemical substance. As soon as the EPA processes the notification, the chemical’s designation will be changed from inactive to active.