June 27, 2017
On June 22, 2017, US EPA released a final rule under the Toxic Substances Control Act (TSCA) requiring chemical manufacturers and importers to report chemicals they produced during a 10-year period. Chemicals reported to US EPA will be considered “active” in commerce, and will then be prioritized for additional risk evaluation, if appropriate. The reporting rule was required by the Lautenberg Chemical Safety for the 21st Century Act (LCSA), enacted on June 22, 2016 to update TSCA.
The Inventory Reset Reporting Rule requires chemical importers and manufacturers to report to EPA which chemicals on the TSCA inventory they manufactured and imported during the 10-year period prior to June 21, 2016. This reporting enables US EPA to focus future chemical prioritization and risk evaluation on those chemicals recently active in commerce.
Under the new rule, US EPA will designate all chemicals that were reported under 2012 and 2016 Chemical Data Reporting (CDR) requirements as “active.” Chemicals reported under CDR will not need to be reported again. All other TSCA inventory chemicals produced for a non-exempt commercial purpose during the 10-year lookback period will need to be reported to US EPA. The reporting period is open immediately and will close for manufacturers (including importers) after 180 days (in December 2017). Chemical processors will have a longer, and optional, reporting period lasting 420 days. This longer period will allow processors to wait for manufacturers to report first, and only complete the retrospective reporting if no manufacturer has reported the chemical during the initial 180-day window. After the reporting period, US EPA will designate the active inventory, while all chemicals designated “inactive” will require prospective reporting within 90 days prior to planned manufacture.
In response to industry comments on the draft rule, US EPA minimized the reporting requirements under this inventory reset process. For example, a company with specific evidence that another manufacturer already reported their chemical will not need to report that same chemical. Moreover, in a significant departure from the draft rule, companies that report will not need to specify when they manufactured or imported chemicals, or how the chemicals are used. They will, however, still need to reassert and substantiate confidential business information (CBI) claims according to the stricter LCSA guidance for any chemical identities they have previously held confidential.
Gradient will continue highlighting important opportunities for stakeholder involvement in US EPA’s chemical prioritization and risk evaluation processes throughout this week. Please contact us if you have questions about how inventory reset reporting may affect your business.
Ari S. Lewis, M.S., Principal
alewis@gradientcorp.com
Jessie M. Kneeland, Ph.D., Senior Environmental Chemist
jkneeland@gradientcorp.com
About Gradient
Gradient is an environmental and risk sciences consulting firm renowned for our specialties in Toxicology, Epidemiology, Risk Assessment, Product Safety, Contaminant Fate and Transport, Industrial Hygiene, Geographic Information Systems, and Environmental/Forensic Chemistry. We employ sound science to assist national and global clients in resolving their complex problems relating to chemicals in the environment, in the workplace, and in consumer products. www.gradientcorp.com