TSCA Inventory Notification (Active-Inactive)
On 5 January 2021 the Environmental Protection Agency (USEPA, the Agency) published a pre-publication notice of the Final Rule reopening the TSCA Inventory Active-Inactive (A-I) Reporting Period. The original A-I Rule (82 FR 37520, 11 August 2017) required industry to report substances in U.S. commerce over a 10-year period ending on 21 June 2016 via a Notice of Activity Form A (NOA). This retrospective reporting was completed on 5 October 2018 and USEPA identified those substances as “active”. However, if the NOA submitter did not assert the substance identity to be confidential (CBI) confidentiality was not granted to the active substance.
On 6 March 2020 USEPA finalised CBI substantiation requirements, including filing deadlines, for entities that had made submissions via a NOA (85 FR 13062).
In May of 2020, the Agency published an interim list of 2812 confidential substances by their associated accession numbers indicating their intention to revoke CBI protection and make the specific substance identities public. The change in CBI status was due either because:
- The claim was not asserted and/or substantiated as required or
- The claim was denied (e.g., the substance was reported as non-confidential in a prior Chemical Data Report submission or another NOA).
The list is available at this link.
This rule will provide an opportunity for companies to submit, amend, or withdraw a NOA for substances listed on the confidential portion of the TSCA Inventory in order to make corrections to confidentiality claims and substantiations.
Does This Rule Apply to Me?
The rule applies to any entity (i.e. manufacturer, importer or processor) who:
- Was subject to the Active-Inactive Rule for a chemical listed on the confidential portion of the Inventory (e.g. any chemical that was reported using an accession number), and
- Did not file a Notice of Activity Form A or may have made a mistake in the submission.
If you manufacture, import or process a substance listed on the confidential portion of the Inventory where CBI status may be denied you should determine whether to submit, amend, or withdraw a NOA during the reporting window specified in the pre-publication notice. The rule will be effective 30 days after the date of publication in the Federal Register, and the ability to report will be in effect for 60 calendar days.
If you are a manufacturer or importer whose downstream processors may not have claimed the substance CBI or submitted the required CBI substantiation for the claim this is an opportunity to contact them with the required information so they may amend their NOA.
Also, in some cases multiple companies made NOA submissions for the same substance, but at least one company did not maintain the substance identity as CBI. Companies in this situation should consider coordinating in order to maintain an existing CBI claim for the substance identity. Unless all submitters claim the identity CBI, the claim will be denied.