TSCA Inventory Unique Identifiers (UID)

26 September, 2019

What’s happening?

On September 19, 2019 USEPA posted the first public TSCA Inventory to include a “UI“ field for unique identifier (UID) information as well as an “EX“ field for the expiration date of the Confidential Business Information (CBI) claim associated with that Inventory listing.

How could it impact me?

USEPA is required to assign a UID whenever it approves a Confidential Business Information (CBI) claim for the specific chemical identity of a substance.  The purpose of the UID is to provide a reference identifier that protects the confidentiality claim for the duration of the claim while providing a way for the public to identify other filings pertaining to that substance. However, if the single unique identifier were publicly applied to every submission containing that chemical identity and used for every instance in which there is nonconfidential information concerning that chemical substance, CBI could be revealed to one or more other parties (or the public at large).

To address this issue the Agency chose an approach in which it applies the UID to all non-confidential information concerning the same chemical substance from any company except in cases where doing so might reveal the identity of confidential substance (See 83 FR 30168, 06/27/2019).  Specifically, prior to applying a UID to public versions of documents concerning the same substance and filed by different submitters the documents will be reviewed for presence of the specific chemical identity.  If the chemical identity (e.g., Chemical Abstracts Service (CAS) name or CAS number) appears in any of the documents, the Agency would revisit the CBI claim in the remaining document(s) to assure that the claim is unexpired and otherwise still valid. If the CBI claim remains valid, USEPA would not apply the UID to the document that reveals the specific chemical identity.  All of the documents will be available to the public.

If the claim has expired, been withdrawn, or appears to be no longer valid, USEPA would act in accordance with sections 14(f)(2)(B) and/or 14(g)(4)(D) of TSCA, as appropriate.

The UID number incorporates the year that the claim was asserted (e.g., UID-2016-00001) facilitating tracking of the expiration of the CBI claims for specific chemical identity (in this case, June 28, 2026).  As mentioned, the Inventory published on September 19 includes the UI and EX fields.

Bottom line

It would be prudent to make sure the UID is stored along with other identifiers already linked to the existing CBI substances in your data systems (e.g., CAS name or number, PMN number, accession number) as well as the date of CBI expiry.  It also makes sense to be vigilant for citations that include any UIDs associated with CBI substances in public discourse (e.g., Federal Register notices).

Our support

knoell USA, LLC  will continue to follow TSCA developments and can provide your company with periodic TSCA updates to assist you in addressing  future regulatory requirements.  knoell USA can also provide representatives of your company with a free consultation to talk through the ongoing issues and how they could affect your business.

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