TSCA “inventory reset” rule:
reports due by February 7
Regulatory Review is a regular column featuring updates on regulatory
matters concerning oils- and fats-related industries.
The US Environmental Protection Agency (EPA)
published its final Toxic Substances Control
Act (TSCA) “inventory reset” rule on August
11, starting the clock on the statutory 180-day
The inventory notification rule will determine the substances active in commerce during the 10-year “lookback
period” ending on June 21, 2016. Manufacturers and importers covered by the rule must report these by February 7, 2018.
Processors—whose participation is voluntary— may report
between now and October 5, 2018.
Legal experts agree that the final rule has been streamlined to be consistent with many of industry’s requests
to adopt efficiencies in the process. Changes include broader
reporting exemptions, decreased information to be included
in notifications, and a longer reporting period for downstream
But despite these modifications—and although there is
broad agreement that there are far fewer substances active in
commerce than the 85,000 on the current TSCA inventory—
the exercise promises to be a heavy lift.
The EPA will use this retrospective reporting to designate substances on the inventory as active or inactive. This, it says, will
help inform the prioritization of chemicals for risk evaluation.
Once the list of designations is finalized, a user must submit a “forward-looking” notification prior to the manufacture,
import, or process of any inactive substance.
The exercise also seeks to confirm the status of confidentiality claims by requiring manufacturers to indicate if they
are seeking to maintain an existing chemical identity protection. The EPA is required to move to the public portion of the
inventory any confidential substance for which it receives no
requests to maintain the claim.
Reporters will have to provide chemical identity informa-
tion and indicate if they seek to maintain an existing confiden-
tiality claim. The agency removed the previously proposed
requirements to report commercial activity type and date
range, as it determined these are “unnecessary to achieve the
objective of designating substances as active or inactive.”
After the 180-day manufacturer reporting period, the
EPA will publish a draft inventory “as soon as is practicable.”
Processors may elect to report any substances that did not get
notified by upstream suppliers prior to the agency finalizing
Processors may choose to forego reporting. But upon for-
mal designation of substances, they must cease processing any
inactive substance for nonexempt purposes until notifying the
Like other TSCA submissions, notifications will be made
electronically through the EPA’s Central Data Exchange (CDX)
and Chemical Information Submission System (CISS).
There are several reporting exemptions. These include:
• “excluded chemical substances,” including those not
listed on the inventory, those manufactured solely
under a TSCA secion 5(h) exemption, and naturally