TSCA Practice Alert for All Chemical Manufacturers, Importers, and Processors:

If you manufactured, imported, or processed a TSCA Inventory listed chemical substance for non-exempt commercial purpose any time between June 21, 2006 and June 21, 2016, it MUST be reported to EPA by February 8, 2018.

U.S. EPA recently promulgated a rule that imposes reporting requirements on manufacturers, importers, and processors of chemical substances by February 2018 and provides new regulations for confidential business information.

The new amendments to the Toxic Substances Control Act (“TSCA”) (sometimes called the “Lautenberg Act” or “New TSCA”) require chemicals on the TSCA Chemical Substance Inventory as either “active” or “inactive” in U.S. commerce. To accomplish this goal, EPA is requiring chemical manufacturers, processors, and importers to identify which chemicals have been “active” during the ten-year period prior to June 21, 2016.  The reporting will be used to identify which chemical substances on the TSCA Inventory are “active” and will help EPA prioritize chemicals for risk evaluation. 

The rule, known as the “TSCA Inventory Notification (Active-Inactive) Rule,” requires that manufacturers and importers report any chemicals that are listed on the TSCA Chemical Substance Inventory for nonexempt commercial purpose that were in commerce between June 2006 and June 21, 2016 as “active” no later than February 8, 2018.  There is no mandatory reporting for processors, but EPA will accept voluntary reporting of chemicals as “active” until October 5, 2018.[1]  EPA plans to publish a draft Inventory with substances reported as “active” by March, 2018, so that processors can determine whether additional reporting of a chemical substance as “active” is needed.  Chemical manufacturers, importers, and processors should use the EPA Form A to meet these reporting requirements. 

Reporters wishing to maintain CBI over a chemical that is already on the inventory can do this electronically using Form A.  A chemical substance for which EPA has received a request to maintain an existing CBI claim for specific chemical identity will remain on the confidential portion of the Inventory pending EPA’s review of the claim.[2] For all new claims for confidentiality (i.e., for all CBI assertions other than requests to maintain existing claims for protection of specific chemical identity), TSCA requires concurrent substantiation at the time the CBI claim is made to EPA.[3]

After EPA publishes the list of “active” chemicals on the TSCA Inventory, new requirements kick in for any manufacturers, importers, or processors who wish to reintroduce an “inactive” chemical substance into U.S. commerce.  A chemical is officially “inactive” 90 days after EPA publishes the initial inventory of substances (anticipated November, 2018).  Chemical manufacturers, importers, and processors should use EPA Form B to meet these reporting requirements.

For additional information on Chemical Data Reporting under the Toxic Substance Control Act, please visit the U.S. EPA website at https://www.epa.gov/chemical-data-reporting.  


[1] Id. at 37524.

[2] Id. at 37527.

[3] Id.