EPA Releases List of Substances Reported under TSCA Inventory Notification (Active-Inactive) Rule

The U.S. Environmental Protection Agency (EPA) on April 12 posted a list of substances active in commerce under the amended Toxic Substances Control Act (TSCA), to give chemical processors that make mixtures of chemicals some guidance on their voluntary inventory notification requirements. TSCA requires EPA to designate certain substances as either “active”’ or “inactive” in U.S. commerce. Pursuant to the TSCA Inventory Notifications (Active-Inactive) rule finalized earlier this year, EPA is in an ongoing process of collecting this information from industry. EPA’s updated list of active chemical substances reflects the Notices of Activity (NOAs) reported to EPA from Feb. 8, 2018, through March 30, 2018. EPA has also made available a list of active substances reported by manufacturers by the mandatory reporting deadline of Feb. 7, 2018. EPA incorporated these active designations into its update of the TSCA Inventory, available online as of April 12, 2018.

EPA’s lists includes chemicals it deems as active in commerce based on chemical manufacturer information submitted to the agency. EPA says it intends to update this list approximately once per month.

EPA’s TSCA Inventory Reset rule establishes the process by which substances on the TSCA Inventory are designated as “active” or “inactive.” Once the TSCA Inventory has been “reset,” no one would be permitted to manufacture or process an inactive chemical substance without first submitting a notification to EPA.

With EPA’s deadline for voluntary notification by processors under the TSCA Inventory Reset Rule set for Oct. 5, 2018, paint and coatings companies are facing significant challenges in identifying chemicals and confirming that chemical inventories will be commercially available once EPA publishes its final list of active and inactive chemicals. Notably, there is pending litigation involving the Inventory Reset Rule and how it might affect requirements to claim and substantiate Confidential Business Information and EPA’s policy for disclosure of information.

EPA expects to have a final list of active chemicals in commerce in 2019. Only chemicals on that list may then still be used, imported into or sold in the United States.

ACA will be hosting a free webinar for its members on May 16 to address the Inventory Reset Rule developments. The webinar will also examine EPA’s Risk Evaluation Rule, and address EPA’s first 10 risk evaluations under amended TSCA.

Contact ACA’s Riaz Zaman for more information.

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