On August 11, 2017, the US Environmental Protection Agency (EPA)’s final rule for the Toxic Substances Control Act (TSCA) Chemical Substance Inventory’s Notification Requirements was published in the Federal Register. The rule will guide the EPA’s designations of the chemical substances on the TSCA Chemical Substances Inventory as either “active” or “inactive” in commerce, . The designations are an important component of the recently finalized TSCA Inventory “Reset” Rule.
The EPA intends to establish both retrospective and forward-looking electronic notification systems to allow it to distinguish chemical substances on the TSCA Inventory that are active in U.S. commerce (“active substances”) from those that are inactive in U.S. commerce (“inactive substances”). Those designations will be included on the TSCA Inventory and as part of the EPA’s regular publications on the Inventory, as is required by the June 22, 2016 “Frank R. Lautenberg Chemical Safety for the 21st Century Act” TSCA Amendments.
The retrospective electronic notification of chemical substances on the TSCA inventory will inform the EPA if substances were manufactured (included imported) for nonexempt commercial purposes from June 21, 2006 through June 21, 2016, with an addtional time provision to also allow notification from processors of substances. The forward-looking electronic notification will notify the EPA if and when manufacturing or processing of a chemical substance on the TSCA Inventory that is designated as inactive resumes, such that the EPA can then change that substance’s designation from inactive to active.
Now that the EPA has identified the above method for distinguishing active substances from inactive substances, the EPA will iron out the details of the procedures for those notifications.