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Final Rule Alert: TSCA Inventory Reset Reporting Requirement

Posted on 8/14/2017 by Roger Marks

In order to determine which of the roughly 85,000 chemicals on the TSCA Inventory are still “active” in commerce, US EPA today promulgated a Final Rule to require chemical facilities to report on chemicals manufactured or imported over a ten-year period between June 21, 2006 and June 21, 2016.

chemicalinventory.jpgThis so-called “retrospective electronic notification” will help EPA determine which chemical substances are active and which are inactive for the purpose of completing TSCA risk evaluations, as required under the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Congress passed the “Lautenberg Law,” as it’s sometimes called, to amend TSCA last year.

Determining which chemicals are active in US commerce will help EPA better target its effort to restrict or prohibit the manufacture or import of certain chemicals, when necessary.  
For the purposes of this reporting requirement, and TSCA compliance in general, the definition of “manufacturing” covers imported chemicals as well as those made in the US. The Final Rule also includes provisions that require chemical manufacturers to report certain data when they plan to manufacture or process a chemical deemed “inactive” on the TSCA inventory. 

Proposed in January 2017, this new TSCA reporting requirement will constitute a sort of “reset” for the TSCA Inventory—a list first published in 1979 that’s grown ever since. Interested parties can download the TSCA Inventory from EPA’s website.

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The TSCA Regulations Online Course guides EHS managers through these complex rules—including how to use the TSCA Chemical Inventory; inventory, IUR, or “Form U” reporting responsibilities; Pre Manufacture Notifications (PMN); Significant New Use Rules (SNUR); management standards for PCBs, and much more.

Tags: chemicals, EPA, new rules, reporting and recordkeeping, TSCA

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