The Environmental Protection Agency (EPA) recently published a proposed rule in the Federal Register to address new requirements to designate chemical substances on the TSCA Inventory as either “active” or “inactive”. EPA is proposing an electronic notification of chemical substances on the TSCA Inventory that were manufactured or imported for non-exempt commercial purposed between June 21, 2006 and June 21, 2016 (the “look-back period”). EPA will also accept notification for chemical substances that were processed.
Comments on this proposed rule are due by March 14, 2017.
This proposed rule could impact you if your company has domestically manufactured, imported or processed chemical substances listed on the TSCA Inventory for non-exempt commercial purposes during the ten-year period June 21, 2006 through June 21, 2016. Your company may also be impacted if it intends to domestically manufacture, import or process chemical substances listed on the TSCA Inventory in the future.
The current TSCA Inventory is a list of chemical substances that have been in commerce since January, 1975. EPA has added to the initial list of chemicals on the inventory but no chemical substances have been deleted from the Inventory. This means that the TSCA Inventory does not represent those chemical substances which are currently in commerce. The EPA wants to now designate chemical substances on the Inventory as either “active” or “inactive”.
An “active” substance means any chemical substance 1) added to the TSCA Inventory on or after June 22, 2016, 2) naturally occurring substance defined by 40 CFR 710.27(b), and 3) any chemical substance subject to commercial activity based on the receipt of a notice as defined in this proposed rule.
An “inactive” substance means any chemical substance subject to commercial activity designation for which the EPA does not receive of notice under this proposed rule.
For manufacturers and importers, the submission period will begin on the date that the final rule is published in the Federal Register and will end 180 days later. For processors, the submission period will begin on the date that the final rule is published in the Federal Register and will end 360 days later. This will allow processors additional time to evaluate the chemical substances initially designated as inactive and determine if they will voluntarily report on the draft inactive substances.
The EPA is proposing that submitters be required to use the Central Data Exchange (CDX) portal and would be submitted under TSCA 8(b). A “Notice of Activity” (NOA) Form A will be used by persons for substances manufactured, imported or processed during the lookback period. A “Notice of Activity” Form B will be used by persons who intend to manufacture, import or process an inactive substance. Submission of an NOA Form B will change the designation of the chemical substance from “inactive” to “active”.
Critical Path Services can help you determine what your company’s vulnerabilities may be under the new TSCA regulation. We can also provide your company with periodic TSCA updates and assist you in positioning your company to address future regulatory requirements. Critical Path Services can provide representatives of your company with a free consultation to talk you through the major changes enacted by the new law and how these changes could affect your business.
References and Related Documents
TSCA Inventory Notification (Active-Inactive) Requirements - Proposed Rule