In this edition of the Weekly Compliance Digest, we cover an EPA requirement for companies to report chemicals manufactured, imported or processed in the U.S. over the past 10 years.
TSCA Inventory Notification (Active-Inactive) Requirements
What is it?
On June 22, 2017, the U.S. EPA marked the one-year anniversary of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (which amends the Toxic Substances Control Act (TSCA)) by issuing the following three new rules:
- A rule to establish EPA’s process and criteria for identifying high priority chemicals for risk evaluation and low priority chemicals for which risk evaluation is not needed. Read more
- A rule to establish EPA’s process for evaluating high priority chemicals to determine whether or not they present an unreasonable risk to health or the environment. The final rule also clarifies EPA’s authority to determine what uses of a chemical are appropriate for risk evaluation. Read more
- A rule to require industry reporting of chemicals manufactured or processed in the U.S. over the past 10 years. This reporting will be used to identify which chemical substances on the TSCA Inventory are active in U.S. commerce. Read more
This post focuses on the third rule because it includes a direct requirement affecting industry.
The amended TSCA requires EPA to designate chemical substances on the TSCA Chemical Substance Inventory as either “active” or “inactive” in U.S. commerce. The EPA’s rule requires industry reporting of chemicals manufactured (including imported) or processed in the U.S. over the past 10 years, ending on June 21, 2016. The reporting will be used to identify which chemical substances on the TSCA Inventory are active in U.S. commerce and will help inform the prioritization of chemicals for risk evaluation. Additionally, active and inactive designations for each chemical substance will be included as part of the Agency’s regular publications of the TSCA Inventory.
Who is affected?
Organizations may be affected if they domestically manufactured, imported, or processed a chemical substance listed on the TSCA Chemical Substance Inventory for nonexempt commercial purpose during the 10-year time period ending on June 21, 2016. They may also be affected if they intend to domestically manufacture, import, or process in the future a chemical substance listed on the TSCA Chemical Substance Inventory. Main industries affected include, but are not limited to:
- Chemical Manufacturing or Processing (NAICS code 325)
- Petroleum and Coal Products Manufacturing (NAICS code 324)
Note that TSCA’s statutory definition of “manufacture” includes importing. Accordingly, the regulatory definition of “manufacture” for this rule includes importation.
What are the requirements?
Manufacturers must report electronically to the EPA no later than 180 days after the final rule is published in the Federal Register. Processors must report no later than 420 days after the final rule is published in the Federal Register.
Submitters must use EPA’s CDX, the Agency’s electronic reporting portal, and EPA’s Chemical Information Submission System (CISS), a web-based reporting tool, for all reporting under this rule. They must provide chemical identity information and indicate whether they seek to maintain an existing claim for protection against disclosure of a CBI chemical identity, if applicable.
What is next?
The 180-day period during which manufacturers will have to report substances, and the 420-day period for processors, will begin when the final rule is published in the Federal Register. To prepare, organizations should identify substances that:
1) They manufactured, imported, or processed between June 22, 2006 and June 21, 2016, and
2) Are listed on the TSCA Inventory.
Here are other articles that provide more information on the rule:
- EPA Announces New TSCA Reform Requirements (Blog post from 3E Company)
- EPA Issues Final TSCA Framework Rules (Article from law firm Bergeson & Campbell, P.C.)
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For additional information on product stewardship solutions that can help you manage chemicals and comply with TSCA reporting requirements, download Verdantix’s report Smart Innovators: Product Stewardship Solutions.