TSCA "Lookback" Reporting due February 7, 2018



The Toxic Substance Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements Rule was published in the Federal Register on August 11, 2017. Manufacturers have 180 days from this date to submit a list of chemicals manufactured or imported for commercial purposes between June 21, 2006 and June 21, 2016 (the "lookback period"). Therefore, the submission period for manufacturers began on August 11, 2017 and ends on February 7, 2018. Each of the properly identified substances will be designated "active"; substances not reported but on the TSCA list will be "inactive." Reporting requirements apply only to TSCA Inventory-listed substances. Processors may also report to USEPA within 420 days after (October 5, 2018) the rule is published in the Federal Register. Although processor reporting is optional, it is encouraged to ensure that all of the processor's chemicals are listed as "active." Processor reporting also protects the processor from the inadvertent inactivation of one of their raw materials in the event that one of their suppliers that manufacture or import a chemical did not properly report it.

Companies do not need to report chemicals that are on the "Interim List of Active Substances" as those chemicals were previously reported in the 2012 and 2016 Chemical Data Reporting (CDR) submittals and will already be given active status. Additionally, there are several exemptions listed in the final rule that generally mirror exemptions from PMN rule exemptions (except that reporting will be required for export-only substances). Reporting is not required for pesticides, food, drugs, cosmetics, medical devices, R&D materials, impurities, byproducts that are disposed of (and not used), and some naturally occurring substances. Substances added to the TSCA Inventory on or after June 22, 2016, will be automatically designated as active and need not be reported.

Unlike the CDR rule, which had a minimum reporting threshold of 25,000 lbs (for most chemicals), there is no minimum reporting threshold for the retrospective reporting. Therefore, no matter how small the quantity of chemical manufactured or imported and placed into commerce, it may be subject to reporting. To read more about recent TSCA Reform regulation, click here.

Trinity will be hosting complimentary webinar on this reporting on October 5, 2017. Click here to register or for more information about this event. If you have any questions about this article, please reach out to Ellen Hewitt at (614) 433-0733 or your local office.