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TSCA Chemical Substance Inventory

TSCA Inventory Notification (Active-Inactive) Rule

The Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, requires EPA to designate chemical substances on the TSCA Chemical Substance Inventory as either “active” or “inactive” in U.S. commerce. To accomplish that, EPA finalized a rule requiring industry reporting of chemicals manufactured (including imported) or processed in the U.S. over a 10 year period ending on June 21, 2016. This reporting was completed on October 5, 2018, and was used to identify which chemical substances on the TSCA Inventory are active in U.S. commerce.

Chemical substances are identified as active (i.e., already reported or exempt) or inactive (i.e., not reported or exempt) as part of the Agency’s current publication of the TSCA Inventory.

Per the TSCA Inventory Notification (Active-Inactive) Requirements final rule, inactive designations become effective 90 days after signature of a memo designating them as such. This memo, entitled Availability of the Initial TSCA Inventory Memorandum, was signed on May 6, 2019.

Starting August 5, 2019, manufacturers and processors will be required to notify EPA before reintroducing into commerce a substance currently identified as inactive on the TSCA Inventory. Manufacturers and processors can notify EPA via a Notice of Activity Form B, found in EPA's Central Data Exchange (CDX). Upon receiving such notification, EPA will change the designation of substances from inactive to active.

Note: On April 26, 2019, the U.S. Court of Appeals for the District of Columbia Circuit ordered a limited remand without vacatur of the TSCA Inventory Notification (Active-Inactive) Requirements rule for EPA to address an issue pertaining to how companies are to substantiate claims that a chemical substance’s specific chemical identity is protected from disclosure as confidential business information. A copy of the court’s decision is available here.

Manufacturers and processors subject to the rule are advised that no part of the rule has been vacated and that all requirements of the rule remain in effect. Any proposed or final changes to the rule in response to the remand will be announced in the Federal Register.