The U.S. Toxic Substances Control Act (TSCA) final rule on the TSCA Inventory Notification (Active-Inactive) Requirements was published in the Federal Register on August 11, 2017, becoming effective as of the same date. This is the third TSCA framework rule under the 2016 TSCA Reform Act, which requires EPA to designate chemical substances on the TSCA Chemical Substance Inventory as either “active” or “inactive” in U.S. commerce. To accomplish that, EPA finalized the rule requiring industry reporting of chemicals manufactured, imported or processed in the U.S. over the past 10 years. This reporting will be used to identify which chemical substances on the TSCA Inventory are “active” in U.S. commerce and will help inform the prioritization of chemicals for risk evaluation.

The rule on the TSCA Inventory Notification Requirements includes the following provisions:

1、A Retrospective Reporting with the EPA for chemical substances on the TSCA Inventory that were manufactured (or imported) during the ten-year time period beginning on June 21, 2006 and ending on June 21, 2016. The reporting period will begin on the date of the publication of the rule and extend for 180 days, ending on February 7, 2018. Manufacturers and importers must submit electronically a new “Notice of Activity” (NOA) Form A. Once the notices are received by the EPA, the chemical substances will be designated as “active” on the TSCA Inventory.

2、Processors will have an additional 240 days until October 5, 2018 to submit retrospective activity notifications for chemical substances on the TSCA Inventory that were manufactured (or imported) during the ten-year time period ending on June 21, 2016. The reporting period will begin on the date of the publication of the rule and last for 420 days. Processors must submit electronically a “Notice of Activity” (NOA) Form A. Upon receipt by the EPA, the chemical substances will be designated as “active” on the TSCA Inventory.

3、Provided the manufacturer, importer or processor fail to submit the above-mentioned notice in accordance with the TSCA Inventory Notification Requirements, the chemical substances will be designated as “inactive” on the TSCA Inventory.

4、 In order to resume the manufacturing, importing or processing of chemical substances designated as “inactive” on the TSCA Inventory, a Notice of Activity (NOA) Form B will have to be submitted electronically. Upon receipt of such notice, the EPA will change the designation of the substances on the Inventory from “inactive” to “active”. Reporting to the EPA must not take place more than 90 days before the anticipated date of manufacturing, importing or processing of the chemical substances.

5、Certain substances are exempted from reporting including: chemicals reported under the 2012 and 2016 Chemical Data Reporting (CDR) rule; substances notified to EPA since June 21, 2016; and chemical substances normally exempt from PMN reporting (naturally occurring substances, polymers, LVEs, R&D, etc.) unless they are already listed on the Inventory.

6、The reporting process will include registration in the EPA electronic reporting system (CDX), submitter and chemical identity information, and a certification statement. If a specific chemical identity information is claimed to be confidential business information by the manufacturer, said manufacturer and the importer/processor may file a joint submission. Substantiation for CBI must accompany the request.

7、The electronic reporting system is currently open; therefore, companies may submit a Notice of Activity Form A.

REACH24H reminds chemical companies that chemical substances must be reported within 180 days after the date on which the final rule is published in the Federal Register. The Notice of Activity Form A is the mandatory retrospective reporting form, while Notice of Activity Form B is a remedial form in case of an overdue submission. Notice of Activity Form B applies exclusively to substances that have not been manufactured, imported or processed during the 10-year period and are designated as inactive yet need to be resumed. Companies that fail to abide by their reporting obligations may be subject to a fine of $38,000 USD per day of non-compliance.

Chemical and trade companies need to ensure a timely response to sort out the chemical substances inventory of their supply chains and ensure a timely submission, thus avoiding losses or discontinued trade resulting from the company’s failure to meet the deadline. As regards companies that are unfamiliar with the U.S. electronic reporting system, those companies involved in mergers & acquisitions in the last ten years, as well as companies that need to keep confidential business information will face strict reporting period requirements. REACH24H has set up a subsidiary office in the U.S with TSCA experts who can assist our clients with their compliance obligations under TSCA regulations.

REACH24H will also continue monitoring key developments to provide our clients with the latest regulatory information on the reformed TSCA framework regulations. If you require any further information on the U.S TSCA regulations, please contact Ms. Liu Xintong at lxt@reach24h.cn (China mainland: +86 0571-87007544).