REGULATORY ALERT: TSCA Reform and the TSCA Inventory Reset

9 August, 2016

What’s Happening?

With the enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (TSCA 21), there are numerous changes being implemented with regards to the Toxic Substances Control Act.  One of the requirements of TSCA 21 is to prioritize all chemical substances that are in active commerce.  There are over 84,000 chemical substances currently listed on the TSCA Inventory but no one knows how many of these chemicals are actually still in commerce.  That is because, once a chemical is added to the TSCA Inventory, it is never removed even if it falls into disuse.

How Could it Impact Me?

By June, 2017, EPA must promulgate a rule that will require manufacturers (including importers) and possibly processors to notify the agency of all chemical substances manufactured or processed in the 10 years prior to the law’s passage (June, 2006 through June, 2016).  Industry will be given 180 days from the publication of the final rule to respond to the agency with this information.  

The proposed rule addressing the Inventory Reset is expected to be published by December, 2016.  The proposed rule may include processing – meaning it could impact persons involved in the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce.  Impacted industries should review and provide comments as appropriate regarding the proposed rule.  

It is anticipated that by December, 2017, the EPA will have received information from manufacturers and processors regarding chemical substances that were active in commerce from June 2006 through June, 2016.  The Agency will then designate all substances on the TSCA inventory as either active or inactive.  No chemical substance will be removed from the Inventory.

Going forward, if a company wanted to manufacture or process an inactive chemical substance, the company would need to notify the EPA prior to the date of manufacturing or processing.

Contact Us:

Critical Path Services can help you to interpret the changes implemented through TSCA 21 and assist you in positioning your company to meet these new challenges.  

Critical Path can provide representatives of your company with a free consultation to talk you through the major changes enacted by TSCA 21 and how these changes could affect your business.