Requirements Under the New TSCA Rule

Requirements Under the New TSCA Rule

EPA published the Toxic Substance Control Act (TSCA) Inventory “Reset” Notifications (Active-Inactive) rule on August 11, 2017.  This commenced a 180-day reporting period requiring anyone manufacturing or importing chemical substances for nonexempt commercial purposes to submit a retrospective report via EPA’s electronic Central Data Exchange. The data will be used to update the TSCA Inventory.

The TSCA Inventory was first published in 1979 and has continued to grow ever since. The retrospective electronic notification mandated by this new rule will assist in identifying which of the 85,000 chemicals currently on the list are still active and which no longer are. To do this effectively, the report must include all chemical substances manufactured or imported between June 21, 2006 and June 21, 2016. These notices are due by February 7, 2018.

Prioritizing chemicals for evaluating risk

The chemical identity information provided to EPA through retrospective reporting will effectively “reset” the current TSCA Inventory by designating chemical substances as either “active” or “inactive,” which will help EPA to prioritize chemicals for risk evaluation. Following the retrospective reporting period, chemical substances that don’t receive any notice will be designated as “inactive,” and in the future, manufacturers, importers, and processors intending to reintroduce a chemical substance designated as “inactive” will be required to notify EPA within 90 days before the anticipated date of use. For this reason, processors of chemical substances may opt to report the chemical substances processed during the 10-year lookback period to avoid a compliance issue should the chemical substance be flagged as “inactive.” Processor’s notices are due by October 5, 2018.

Many exemptions from reporting apply, including exemptions for chemical substances for which EPA has already received notice of activity from the 2016 and 2012 Chemical Data Reports. Exempt substances are included on EPA’s “Interim List of Active Substances” and do not require further notification. In addition, chemical substances manufactured or imported under certain TSCA premanufacture notice (PMN) exemptions may also be exempt from the retrospective reporting requirements.

Woodard & Curran has extensive expertise assisting clients with TSCA compliance needs, including navigating EPA’s Central Data Exchange through which these notifications must be submitted. We are well versed in the potential TSCA exemptions that may apply to reporting and are prepared to assist with applicability determinations and/or the retrospective reporting requirements. If you have questions regarding the new rule, please call Celia Raymond at craymond@woodardcurran.com or (207) 558-3684.

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National Practice Leader
Environmental Compliance

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Celia Raymond, PE
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