By John J. Kowalski, CHMM
Under Section 8(b) of the Toxic Substances Control Act (TSCA), as amended, the U.S. Environmental Protection Agency (EPA) is required to designate chemical substances on the TSCA Chemical Substance Inventory as either “active” or “inactive” in U.S. commerce. EPA first added an active designation to the Inventory in June 2017 for:
- Substances reported in 2012 or 2016 under the Chemical Data Reporting (CDR) rule; and
- Substances for which the EPA received Notices of Commencement of Manufacture or Import (NOCs) since June 21, 2006.
Updated TSCA Inventory
On April 12, 2018, the EPA released an updated (draft) version of the TSCA Inventory that also designated as active those substances for which it received a Notice of Activity (NOA) Form A through the February 7, 2018 reporting deadline for manufacturers and importers under the TSCA Inventory Notification (Active-Inactive) rule.
This version of the Inventory includes a total of 86,071 substances, of which 38,304 are designated as active.
Our LOLI (List Of LIsts) Database has already been updated to capture these substances and active designations (Note that no substances are currently designated as inactive).
Under the Active-Inactive rule, the mandatory reporting period for manufacturers and importers ended on February 7, 2018, and the voluntary reporting period for processors ends on October 5, 2018. At some point, following the close of the reporting period for processors, the EPA will release an updated and final version of the Inventory, on which all substances will be designated as either active or inactive.
Recommended Action Items
Manufacturers and importers should verify that all substances reported through the February 7, 2018 reporting deadline are designated as active on the draft Inventory. Processors – including formulators – should:
- Review the regulations at 40 CFR Part 710;
- Review records to identify substances processed during the ten-year lookback period;
- Check the draft Inventory for those substances; and,
- Prepare and submit an NOA Form A for each facility that processed substances not already designated as active on the draft Inventory.
UL’s global Regulatory Assurance Team includes a number of leading industry experts on TSCA, who can help you navigate the complex, ever changing regulatory landscape to understand and execute your compliance obligations. You can take a look at our full suite of regulatory services, and talk to an expert, here.
In addition to this, our LOLI Database contains over 6,000 regulatory lists from over 129 countries around the world to assist you in complying with occupational, environmental, health, and safety regulations and in writing Safety Data Sheets and labels for your products and intermediaries. The LOLI database has already been updated to reflect the new TSCA Inventory.
For other industry relevant information, including topical Regulatory News Articles, White Papers and Webinars, visit our Resource Center.
2018 sees the prestigious SafeCom Conference come to North America for the very first time! On June 11-12, 2018, SafeCom U.S. will be taking place at the luxurious Sagamore Resort in Lake George, New York.
The conferenece will cover a wide and diverse collection of regulatory topics affecting companies manufacturing, importing, using, storing and/or distributing chemical products, including Arnold & Porter’s Lawrence Culleen, who will be delivering a talk on the recent TSCA Reforms.
Regulatory authorities and other leading industry experts share their knowledge, experience and perspectives to provide delegates with essential practical information and advice to understand and confidently manage compliance with chemical regulations now and into the future. You can register for the event here.
TSCA Inventory, TSCA Chemical Substance Inventory, Notice Of Activity (NOA) Form A, LOLI Database