Chemical Manufacturers & Importers: Ensure You're on EPA's Active Chemical List
In compliance with updates to the Toxic Substance Control Act (TSCA), EPA is updating its inventory of the chemicals manufactured or imported in the U.S.
In compliance with updates to the Toxic Substance Control Act (TSCA), EPA is updating its inventory of the chemicals manufactured or imported in the U.S. Called the Inventory Reset Rule, EPA is making an “Active” chemical list and an “Inactive” chemical list.
If your company manufactured or imported a chemical between June 21, 2006 and June 21, 2016, you will need to make sure it’s on the list and marked “Active” in order to continue to produce or import it after February 7, 2018. If you reported your chemicals in the 2012 or 2016 TSCA Chemical Reporting Rule, they’re already marked Active on the list, as are chemicals added after June 22, 2016. However, for many companies TSCA reporting is for large quantities. This effort includes chemicals in small quantities as well.
If you’re a chemical processor, you have until October 5, 2018 to report chemicals as Active. However, for you it’s voluntary reporting and more of a protection in case one or more of your raw materials doesn’t get reported by the manufacturer. A chemical processor is a company which takes the additional step of preparation with a chemical substance or mixture. this could be repackaging it, manufacturing a mixture, or producing an article with it. (If you’re unsure whether you’re a manufacturer or processor, contact iSi.)
Reporting is to be done through Notice of Activity forms on EPA’s Central Data Exchange.
There are a few exemptions to reporting including naturally occurring substances, substances currently produced under TSCA 5(h) exemptions, byproducts, research and development substances, chemicals for export only or test marketing, and chemicals already reported by someone else/already on the list.
After the deadline passes, a chemical marked as Inactive will be able to be reactivated, however, there will be an official approval process to go through in order to do that.
Is your chemical already on the list? Check out the current Active list here.
Does this apply to you or do you need assistance?
Frequently Asked Questions
Q: What is EPA’s Inventory Reset Rule and who must comply with it?
EPA’s Inventory Reset Rule updates the TSCA Chemical Substance Inventory by distinguishing between Active and Inactive chemicals. Manufacturers and importers who produced or imported chemicals between June 21, 2006 and June 21, 2016 must ensure their chemicals are marked Active on the EPA list to continue production or importation after February 7, 2018. Chemicals reported in the 2012 or 2016 TSCA Chemical Reporting Rule are automatically marked Active. The EPA Chemical Substance Inventory is publicly searchable, and iSi Environmental helps manufacturers verify their chemicals’ active status.
Q: What is the deadline for reporting chemicals as Active under TSCA, and what are the exemptions?
Manufacturers had until February 7, 2018 to report chemicals as Active; chemical processors had until October 5, 2018 for voluntary reporting. Exemptions include naturally occurring substances, chemicals produced under TSCA Section 5(h) exemptions, byproducts, research and development substances, chemicals for export only, and chemicals already reported by other manufacturers. If a chemical is marked Inactive, the manufacturer can later request reactivation through an official approval process. iSi Environmental helps manufacturers determine which chemicals require active status and manages TSCA compliance.
Q: What is the difference between a chemical manufacturer and a chemical processor under TSCA?
A chemical manufacturer produces a new chemical substance or imports it into the U.S. A chemical processor takes an additional step such as repackaging a chemical, manufacturing a mixture, producing an article with it, or otherwise preparing it for distribution. TSCA reporting and Active List requirements differ between manufacturers and processors. iSi Environmental clarifies chemical classification and reporting obligations for companies in Kansas, Oklahoma, and Texas.
Q: What happens if a chemical is marked Inactive on EPA’s list and the company wants to resume production?
If a chemical is marked Inactive, the manufacturer cannot resume production until the chemical is reactivated through EPA’s official approval process. This process requires submitting a new Notice of Activity form and potentially additional documentation. Reactivation can involve delays and administrative burden. Maintaining Active status continuously is simpler than reactivating an Inactive chemical. iSi Environmental helps manufacturers maintain accurate, current EPA chemical inventory status.
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