EPA Releases List Of Chemicals Reported Under TSCA Inventory Notification (Active-Inactive) Rule

TSCA Inventory Notification RuleThe U.S. Environmental Protection Agency (EPA) has recently released a preliminary list of chemical substances reported under the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Rule. This list – which was published on 22nd November 2017 – includes 10,730 substances which have been reported to the EPA as of 10th November 2017.

Background

TSCA – which was amended in 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act – requires the EPA to designate substances on the TSCA Inventory as either “active” or “inactive” in U.S. commerce. To achieve this objective, the EPA published the final TSCA Inventory Notification (Active-Inactive) rule in the U.S. Federal Register on 11th August 2017. This rule required industry reporting – which is done by filing a Notice of Activity (NOA) to the EPA – of chemical substances on the inventory that were manufactured or imported for non-exempt, commercial purposes during the 10-year lookback period up until 21st June 2016, along with a provision to also allow notification by processors.

The reporting period for manufacturers (including importers) ends on 7th February 2018, and the reporting period for processors ends on 5th October 2018.

List of Chemicals Reported Under the TSCA Active-Inactive Rule

On 22nd November 2017, the EPA released a preliminary list of chemical substances reported under the Active-Inactive rule, which includes 10,730 substances reported to the EPA up to 10th November 2017. The substances on this list are identified by their CAS Registry Numbers and specific chemical names, or by their EPA-assigned Accession Numbers and generic chemical names. The identities of the companies that reported the substances are not included.

You can download the list of substances here.

Retrospective Reporting of Substances

As the EPA itself has noted, this list is for informational purposes only, and the presence of a chemical on the list does not release manufacturers or importers from their reporting obligations under the rule, unless a manufacturer or importer has obtained a Central Data Exchange (CDX) receipt documenting the EPA’s receipt of an NOA Form A from another company for a particular substance, as specified under 40 C.F.R. § 710.25(a).

In addition to this, manufacturers should keep in mind that they bear the risk of failing to submit a required forward-looking notification (NOA Form B) if they rely on this Form A exemption, and the NOA Form A for which they have a CDX receipt is subsequently withdrawn, leading to the substance being designated as inactive.

This list will also be of particular interest to processors as a means to ensure that chemicals critical to their operations and supply chain are reported as active. However, it is important to note that this list only represents chemicals reported as active to date, and is not an update to the list of interim active substances.

Next Steps

If you are a manufacturer or importer of chemical substances which are subject to the TSCA Inventory Notification Rule, it is recommended that you continue working to meet the submission deadline of 7th February 2018. Processors (including formulators) may wish to consider contacting your suppliers to verify their intention to report on substances that are not already included on the list.

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Useful Information

List of Substances Reported Under the TSCA Inventory Notification (Active-Inactive) Rule

TSCA Reform ‘Inventory Notification’ Rule Takes Immediate Effect

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