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? Contact us!