The February 2019 update to the Toxic Substances and Control Act (TSCA) Inventory has been published by the Environmental Protection Agency (EPA). Key points to consider when reviewing this update to the TSCA Inventory include the following:
- This version of the TSCA Inventory includes the updated commercial activity status designating chemical substances as “active”;
- If a chemical substance on the TSCA Inventory is not designated as “active”, it is considered “inactive”;
- Companies must adhere to additional reporting requirements prior to manufacturing (including importing) or processing an inactive chemical substance; and
- Chemical substances not listed as active or inactive on the non-confidential or confidential TSCA Inventory are subject to the existing premanufacture notification (PMN) requirements for new chemical substances.
Companies must notify EPA before reintroducing into commerce a substance currently identified as inactive on the TSCA Inventory, unless the activity is specifically exempted from the notification requirement. This is accomplished by submitting a Notice of Activity Form B to EPA through the CDX system not more than 90 days prior to the anticipated date of manufacturing or processing the inactive substance.
You don’t have to be a chemical manufacturer to have obligations under TSCA, and the requirements can seem overwhelming. If you need assistance complying with any aspect of the TSCA regulations, VBA can help. VBA can:
- Review and update chemical inventories to determine and document TSCA Inventory and regulated status of chemical substances being manufactured, imported, processed or used;
- Assist in development of programs and/or compliance measures for chemical substances and activities subject to TSCA regulation;
- Assist with TSCA reporting, including Form B reporting requirements under the TSCA Inventory Notification (Active-Inactive) Rule;
- Perform a comprehensive or focused EHS audit to assess applicability and compliance with TSCA regulations;
- Assist in development of environmental management systems to ensure continued compliance with TSCA requirements; and
- Review and update management of change programs to ensure TSCA is adequately considered for any change with a TSCA implication.
VBA can work with you to determine the best path forward for assessing and ensuring TSCA compliance. Please contact a VBA professional for help with your EHS compliance needs.