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TSCA Reset

On June 22, 2016, the Frank R Lautenberg Chemical Safety for the 21st Century Act (“Chemical Safety Act” or “CSA”) was signed into law, modernizing the 40-year-old Toxic Substances Control Act (TSCA).

A key provision of the CSA is prioritization of existing chemicals for risk evaluation.

Before prioritization can take place the TSCA inventory must be reset by a process known as the “TSCA inventory Notification (Active/Inactive) rule”

Timeline

  • August 11, 2017:  Final rule on TSCA Inventory Notification Requirements published by EPA
  • February 7, 2018:  Submission deadline for U.S. Manufacturers & importers (draft inventory to be published by EPA as soon as practicable)
  • October 5, 2018:  Submission deadline for U.S. Processors (final inventory to be published by EPA as soon as practicable)

Impact of TSCA Inventory Reset – Notification of Active/Inactive Chemicals

As set forth under the CSA, EPA is required to designate chemical substances on the TSCA Inventory as either “active” or “inactive” in U.S. commerce.  Going forward, chemicals need to be placed on the active inventory to be manufactured, imported, or processed for nonexempt commercial purposes.  Placing the chemical on the active inventory is mandatory for manufacturers.  For information including the federal register notice, the following link to the EPA website is provided:  EPA TSCA Inventory Active/Inactive Notification

What happens to inactive substances?

Ninety (90) days after the EPA has identified substance as inactive, substances on the inactive inventory may no longer be manufactured, imported or processed in the US.  A US manufacturer, importer or processor may still bring an inactive substance back into commerce, by filing a Notice of Activity (NOA) Form B prior to but not more than 90 days before the start of manufacturing, importing or processing the substance.

Impact on BASF

BASF is committed to insuring that our products, and the substances that make them up, comply with all applicable laws. For substances contained in products intended for uses regulated under TSCA, (chemicals used for industrial, commercial, and consumer purposes) BASF’s North American Product Regulatory Center of Expertise together with the BASF North American Product Stewardship group has created a project team to oversee multiple work streams, designed to meet all regulatory deadlines arising as a result of the TSCA Inventory Reset and EPA’s August 11, 2017 Final Rule.

BASF Customer Impact

If a given chemical is not exempt from reporting, BASF must notify the chemical as an active TSCA Inventory substance. in accordance with the final Rule. If EPA does not receive a valid notification adding a given manufactured chemical to the active Inventory, or noting processing during the lookback period, it will be placed on the Inactive Inventory. If you have questions concerning the Active/Inactive TSCA Inventory Status of substances in specific BASF products, please contact your sales account manager or the BASF Product Stewardship EHS Product Information Center (epic@basf.com).

Please reference the EPA’s Interim Active List”, prior to contacting BASF.  The EPA has indicated that they will periodically update this list.  This reference  includes substances submitted to the EPA by other companies as well as BASF and substances on the EPA interim active list. Other commercial regulatory databases, such as those administered by the Chemical Abstracts Service have information on which substances are active.

 

Contact

For inquiries or further information, please contact epic@basf.com


Additional BASF Corporation Resources

TSCA CIC BASF Bulletin I

TSCA CIC BASF Bulletin I

Standard Response BASF US TSCA Inventory Notification Rule Add Signature

Standard Response BASF US TSCA Inventory Notification Rule Add Signature