Trinity offers comprehensive services to support your Toxic Substance Control Act (TSCA) compliance needs. We have a wealth of experience to offer our clients expert counsel and help successfully navigating the challenges of TSCA compliance. Following are some of our TSCA services:
- Pre-Manufacturing Notification (PMN) & Exemptions
- Penalty Mitigation
- Test Rule Compliance
- Foreign Entity Trustee
- Data Procurement
- Consent Orders
- Risk Evaluation
- Inventory “Active" Change
- Export Notification
- Compliance Review/ Audit
- Import Screening
- SNUR Compliance
- Hazard Classification
- Chemical Data Reporting
- Internal Controls
What is Toxic Substance Control Act (TSCA) and TSCA Inventory?
The Toxic Substance Control Act (TSCA) Chemical Substance Inventory (TSCA Inventory) was established in 1979 to provide a comprehensive listing of all chemical substances in commerce. Despite its name, TSCA is applicable to all chemical substances, regardless if they are toxic. EPA continues to add new chemicals to the TSCA Inventory when companies submit a Notice of Commencement of Manufacture or Import following completion of Pre-manufacture Notification (PMN) procedures. As such, the TSCA Inventory currently lists approximately 85,000 chemicals in commerce in the United States. For the most current list of chemicals, see www.epa.gov/oppt/newchems/. Note, however, with the completion of the TSCA 'Reset', as part of Lautenberg, the number of chemicals currently listed as 'Active' is substantially less than the above. It is important that a firm verifies their chemicals are listed as active. Trinity experts can assist in moving chemicals onto the active list.
Aside from the public Inventory, there is also a confidential inventory accessible only by EPA. The data in the confidential inventory comes from the same sources but contains substances whose identity was reported to EPA as confidential.
The Toxic Substances Control Act was promulgated on October 11, 1976 as 15 U.S.C. §2601 et seq. and is implemented under 40 CFR Chapter 1, Subchapter R parts 700-799. The Act authorizes EPA to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides. On June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amended the Toxic Substances Control Act.
EPA promulgated the Inventory Update Reporting (IUR) Rule in 1986 and amended it several times over the years. In August 2011, EPA changed the name from IUR to CDR, Chemical Data Reporting. Under the CDR rule, first reported in 2012, EPA collects manufacturing, processing, and use information from chemical manufacturers (including importers) on a subset of chemicals listed on the TSCA Inventory. The resulting Inventory database is a unique source of exposure-related data needed to put hazard data into context, in order to develop an understanding of potential chemical risks.
There are many aspects to TSCA compliance in addition to submitting CDR reports. Other major considerations are the need to submit a PMN prior to introducing a new chemical to the market, and the restrictions that may be in place relating to the manufacturing or use of a specific chemical. Additionally, and important to even those that do not manufacture or import, it is a TSCA violation to manufacture, import, or use a chemical substance, even as a trace ingredient not disclosed by the supplier or manufacturer, in a purchased formulated product if the chemical substance is not properly listed on the TSCA Inventory and designated with Active status. This is a significant compliance challenge for businesses of all sizes and type of operations.
Important CDR Reporting Dates
Reporters need to submit one report per chemical substance. Subsequent reports continue in the same pattern every 4 years (The report in 2020 should address manufacture and import activities taking place in calendar years 2016, 2017, 2018, and 2019).
Who needs TSCA Services?
TSCA applies to any industry, facility, or person that manufactures and distributes through commerce, imports, processes, uses, or disposes of a chemical substance. Therefore, in practice TSCA applies to everyone in the United States, including those that do not handle toxic chemicals and are not chemical manufacturers. Federal facilities' operations are frequently subject to additional TSCA requirements specific to Federal agencies.
Trinity Can Help - Contact Us Today!
For more difficult and challenging questions we would be happy to research the questions for you, support you when questions come up or we could take a more comprehensive approach and manage the entire process, prepare the report, and not just gather the data.
Trinity has TSCA reporting experience and is available to support your needs, from troubleshooting and Q&A of your report preparation up to managing the entire reporting process and preparing the report. We encourage everyone to contact us early to discuss making next year's CDR reporting a success for your company.
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