Chemicals, Reporting

EPA Reopens the Active-Inactive Reporting Period Under TSCA

On January 5, 2021, the EPA announced it was reopening the reporting period under the Toxic Substances Control Act (TSCA) Active-Inactive Rule, whereby companies identified chemicals that were manufactured, imported, or processed in the United States during the 10-year time period ending on June 21, 2016.

chemical reporting

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TSCA requires chemicals on the TSCA inventory to be designated by companies as either “active” or “inactive” in U.S. commerce.

“The original reporting period closed in October 2018 and included an opportunity for submitters to assert claims to retain specific chemical identities as confidential business information (CBI),” according to the EPA. “In May 2020, EPA posted an interim list of chemicals expected to lose their CBI status and move to the public portion of the TSCA Inventory. Since then, EPA has become aware of submitter confusion and issues regarding CBI claims during the initial reporting period. (This) action enables companies to submit, amend, or withdraw filings under the Active-Inactive Rule in order to maintain existing CBI claims for specific chemical identity.”

Companies that wish to maintain confidentiality about impacted chemicals are advised to scrutinize their current filings under the TSCA inventory reporting to see if any filings need to be amended, submitted, or withdrawn.

The reporting period will reopen 30 days after publication in the Federal Register and run for 60 days after that date.

Background

The U.S. Court of Appeals for the District of Columbia Circuit ordered the EPA to address an issue about how companies substantiate “claims that a chemical substance’s specific chemical identity is protected from disclosure as confidential business information” on April 26, 2019.

“Manufacturers and processors subject to the TSCA Inventory Notification (Active-Inactive) Requirements rule are advised that no part of the rule has been vacated and that all requirements of the rule remain in effect,” according to the EPA. “EPA’s response to the remand was finalized in the Procedures for Review of CBI Claims for the Identity of Chemicals on the TSCA Inventory rule.”

CDR Reporting

To register for Chemical Data Reporting (CDR), users must visit the Central Data Exchange (CDX) website and register under “Submissions for Chemical Safety and Pesticide Programs (CSPP).” For those previously registered on the CDX for e-TSCA, e-PMN, or Toxics Release Inventory (TRI), CDR reporting flow will be able to be added to current registrations.

Once registered, access the CDRweb through the CSPP portal to complete and submit Form U.

Visit the EPA’s CDR website for more information on registration, instructions for the 2020 TSCA CDR, EPA CDR sample Form U printouts, a summary of regulatory changes for the 2020 CDR submission period, case studies for the 2020 CDR, and additional information.