EPA Proposes TSCA Inventory Reset Rule

JANUARY 26, 2017

EPA has published its proposed inventory reset rule for the retrospective electronic notification for chemical substances listed on TSCA Inventory that were manufactured or imported for non-exempt commercial purposes during the ten-year period ending on June 21, 2016. The Agency also will accept voluntary notifications for chemical substances that were processed during the same period. Last year’s amendments to TSCA direct EPA to designate substances on the TSCA Inventory as either “active” or “inactive.”

EPA will require the notifications to be made on “Notice of Activity Form A.” All information will be submitted using the Agency’s electronic reporting tool – the Central Data Exchange (CDX).

Under the proposed rule, chemical manufacturers (and importers) would have to notify EPA within 180 days after the final rule is published in the Federal Register (FR). (The amended TSCA mandates that EPA promulgate the final rule by June 22, 2017.) Processors would have the option to report up to 360 days after publication in the FR. This additional time allows processors to review the information received by EPA from manufacturers (or importers) and ascertain whether any substances important to them are absent. Manufacturers and processors would be exempt from reporting if the information already was submitted to EPA for the 2012 or 2016 Chemical Data Reports.

After the Agency publishes its final list of “active” and “inactive” substances, any business would have to notify EPA on “Notice of Activity Form B” 30 days before the intended manufacturing or processing of any “inactive” chemical.

For Confidential Business Information (CBI) claims, other than for specific chemical identity, the proposed rule notes that companies must submit a specific certification statement that outlines the basis for the CBI claim, which is also must be substantiated. EPA will conduct another rulemaking to more specifically delineate requirements for CBI claims going forward, especially for those claims pertaining to chemical identity.

EPA estimates that it will cost manufacturers $1,376 per submission — which the Agency says will contain information for seven different chemicals. EPA estimates that aggregated compliance will take 86,783 hours and will cost $6.68 million. Interestingly, EPA predicts only 100 processors will complete the notification process after familiarization with the rule at a cost of $0.5 million.

ILMA will submit comments on the proposed rule before the March 14, 2017 comment deadline.