February 7, 2019
Authors
The Environmental Protection Agency (EPA) published an updated Toxic Substances Control Act (TSCA) inventory on February 19, 2019. The updated inventory is the result of the "inventory reset" reporting exercise required by the 2016 amendment to TSCA. Manufacturers and importers provided retrospective notification of substances that had been manufactured, imported, or used during a ten-year look-back period, ending on June 21, 2016, including an optional notification period for chemical processors.
EPA reviewed more than 90,000 responses and the updated inventory resulted in 40,655 active substances out of the 86,228 chemicals on the inventory, including 7,757 substances with confidential identities. The remaining 45,573 substances will now be listed as "inactive." US chemical manufacturers will have to ensure that a substance is "active" prior to manufacturing or importing it for non-exempt purposes.
Inactive substance designations will be finalized following a 90-day transition period that began with the release of this updated inventory. "Forward-looking" notifications will need to be submitted before manufacturing, importing or processing any of the 45,573 substances designated as "inactive." Before companies can manufacture or import an "inactive" substance they must submit a forward-looking (Form B) notification to change the designation of a substance from inactive to active. This must be completed no more than 90 days prior to manufacture or import of the substance.
EPA will also move confidential substances, for which they did not receive requests to maintain Confidential Business Information (CBI) protection, to the public portion of the inventory. A rule outlining how CBI claims and substantiations will be reviewed is being developed.
How Can Exponent Help
Exponent is prepared to help clients navigate the complexities associated with responding to the publication of the updated TSCA inventory. This includes confirming if your specific substance is "active" or "inactive" and identifying a strategy on how to proceed. We work to obtain the best outcome for our client's needs and provide strategic planning for actions they should take in response to the publication of the updated inventory.
