TSCA Inventory Reset: Update

FEBRUARY 8, 2018

EPA is updating the Toxic Substances Control Act (TSCA) Inventory, one of the several mandates included in the Frank Lautenberg Chemical Safety Act of 2016.

February 7th was the deadline for chemical manufacturers and importers to add chemicals to the active inventory. To assist in that process, EPA provided two lists of chemicals. The first, in June 2017, was a list of 9,626 substances that was compiled from submissions by chemical manufacturers and importers for the 2012 and 2016 Chemical Data Reporting requirements of TSCA. This first list should have represented what EPA believed to be chemicals then in commerce in the U.S.

The second list, published last November, was what EPA said would be a list of exempt (from further reporting during the inventory update process) chemicals. This list had 9,876 exempt substances (including those from the June 2017 list), plus another 3,354 Pre-Manufacturing (PMN) chemicals that had been added to the inventory of active substances through the new chemical rules.

The process to add chemicals back to the active inventory involves creation of a so-called Form A, Notice of Active Substance, through use of EPA’s CDX (Chemical Data Exchange) server. On January 17th, EPA published a list of substances which chemical manufacturers and importers had notified through the CDX process as of January 8th, and that list contains 14,723 substances, all substances which were not on either of the first two lists.

For example, while many base oils were included on either of the first two lists, some were not and were added after EPA opened the process last Fall, such as CAS 64742-63-8, distillates (petroleum), solvent-dewaxed heavy naphthenic.

And, while substances included in many members’ products, such as CAS 7620-77-1, lithium 12-hydroxy stearate, a component of many greases, and CAS 67701-21-7, the 2-amino-2-methyl-1-propanol salt of tall oil fatty acids, were on the list of active substances, another salt, CAS 67701-22-8, the isopropanolamine salt of tall oil fatty acids, was just recently added.

EPA will publish a list of all chemical substances added through the close of the period, February 7. ILMA Manufacturing Members, who by and large would be classified as chemical processors, should scrutinize carefully that soon-to-be published list. While not required, EPA will allow processors to add to the active inventory any substances still not listed, using the CDX process, through October 5, 2018.

Neither CAS 1372804-76-6, alkanes, C14-16, chloro, nor CAS 85535-85-9, alkanes, C14-17, choro, two CAS numbers recently agreed by EPA as alternatives for mid-chain chlorinated paraffins, appear on the either the January 17, 2018, or the November 20, 2017, EPA lists.

ILMA will be monitoring the EPA Active/Inactive List process closely and will be offering further guidance to Manufacturing Members as the October 5, 2018 deadline approaches. All three lists of chemical substances noted above are available as resources on the Metalworking Fluids Committee’s Community page.