TSCA Inventory Notification (Active-Inactive) Requirements

Date: 
14 August, 2017

What’s Happening?

On June 22, 2017, the U.S. Environmental Protection Agency (USEPA) signed the final rule addressing the requirements of the TSCA Inventory Notification (Active-Inactive) Requirements.  The rule was published in the Federal Register on August 11, 2017.  This rule requires that chemical substances currently on the TSCA Inventory be designated as either “active” or “inactive” in U.S. commerce.*  In order to designate a chemical substance as “active”, electronic reporting of the chemical identity must be received by the USEPA during the submission period.  The deadline for submission of these notices by manufacturers and/or importers will be February 7, 2018.  While processors can submit a notice at any time, the deadline for submission of these notices by processors will be October 5, 2018.  If no notice is received during either submission period for a specific chemical substance, that substance will be designated as “inactive”.

* Inactive substances will not be removed from the Inventory. 

 

How Could it Impact Me?

If your company domestically manufactured, imported or processed a chemical substance listed on the TSCA Inventory for a non-exempt commercial purpose during the 10-year “Lookback Period” (June 21, 2006 through June 21, 2016) you may be affected.  Additionally, you may be affected if your company intends to domestically manufacture, import or process a chemical substance designated as “inactive” by the USEPA.

 

Summary

This rule will require electronic reporting of chemical identity from persons who manufactured or imported a chemical substance for a non-exempt commercial purpose during the lookback period using the Notice of Activity Form A (NOA-Form A).  During this same period, the USEPA will accept NOA-Form A forms for chemical substances processed during the same period.  The USEPA will designate chemical substances reported using NOA-Form A as “active” on the TSCA Inventory.  If no notice is received by the USEPA on a specific chemical substance during this reporting period, the chemical substance will be designated as “inactive”.

After this submission period, the USEPA will publish a draft inventory that will designate substances as active or inactive.

The deadline for processors to report to the USEPA is October 5, 2018.  This will allow processors time to review the draft inventory and submit an NOA-Form A on any chemical substances not already reported, if needed.

This rule also requires electronic reporting from persons who intend to manufacture, import or process an inactive substance for a non-exempt commercial purpose.  In this case, a Notice of Activity Form B (NOA-Form B) will be submitted and will need to include chemical identity and the date when manufacturing, importing or processing is anticipated to resume.  The NOA-Form B will need to be filed no more than 90 days before the anticipated date of manufacturing, importing or processing.

 

Details

Substances Exempt from Reporting Requirements

The following chemicals will be deemed “active” and will not require retrospective reporting.* 

  • Interim active substances – all chemicals reported from the 2012 or 2016 Chemical Data Reporting (CDR) Rule
  • Chemical substances that were added to the TSCA Inventory by a Notice of Commencement (NOC) between June 21, 2006 and June 21, 2016
  • Chemical substances that were added to the TSCA Inventory by NOC after June 21, 2016
  • Naturally occurring chemical substances which are manufactured and/or processed according to 40 CFR 710.27(b).
  • Substances manufactured or imported under the R&D exemption or other exempt commercial purposes (e.g. export only).
  • Chemicals imported as a component of a substance that meets the definition of an article.

* For chemical substances in which the chemical identity was claimed as confidential business information (CBI), the CBI claim will be relinquished unless an NOA-Form A is submitted and CBI information is substantiated.

 

Reportable Chemicals

Reportable chemicals will include chemical substances listed on the TSCA Inventory that were manufactured or imported for a non-exempt commercial purpose during the lookback period and:

  • Were added to the TSCA Inventory prior to June 21, 2006
  • Were not listed as “interim active substances”
  • Are not naturally occurring
  • Were not designated by USEPA as active or inactive.

 

Confidential Business Information (CBI)

Persons who manufactured, imported or processed a chemical substance that was added to the Inventory prior to June 22, 2016 need to know that a NOA-Form A must be submitted to the USEPA if they wish to maintain an existing claim for protection against disclosure of the specific chemical identity of the substance as confidential.  CBI substantiation will be required at the time of submission.  This includes chemicals that are on the list of interim active substances, and substances that were added to the Inventory by NOC after June 21, 2006.  If an NOA-Form A is not filed for these substances, CBI information will not be protected. 

 

Recordkeeping Requirements

  • Records relevant to retrospective reporting must be retained for a period of 5 years beginning on the last day of the submission period.
  • Records relevant to forward-looking reporting must be retained for a period of 5 years beginning on the day that the notice is filed.

 

Contact Us

knoell USA, LLC, can help you determine your company’s obligations as defined by the TSCA Inventory Notification (Active-Inactive) Requirements. We can provide an interpretation of these requirements and help you with the identification of your reportable chemicals.  We can also provide assistance in completion of Notice of Activity Forms A and B.

 

Elizabeth Dederick

Elizabeth.dederick@knoellusa.com

+1-610-558-3001, Extension 102

 

Dan Bastien

Dan.bastien@knoellusa.com

+1-819-639-3770

 

www.knoellusa.com

 

References and Related Documents

Final Rule – TSCA Inventory Notification Requirements

 

Elizabeth Dederick, Ph.D. Vice President, Industrial Chemicals and Biocides
+1 610 558 3001 Ext. 102 +1 610 558 6025 send mail
Dan Bastien Director of Business Development Industrial Chemicals, North America
+1 819 639 3770 +1 610 558 6025 send mail