EPA Posts Updated List of “Active” Chemical Substances

Active Chemical Substance

The Toxic Substances Control Act Inventory (“Inventory”) is a list of chemical substances manufactured (including imported) or processed in the United States. On April 12, 2018, EPA posted an updated version of the Inventory, designating nearly 31,000 chemicals on the public portion of the Inventory as “active” in U.S. commerce. TSCA regulation generally prohibits the manufacture, importation, or processing of “inactive” chemical substances.

On June 22, 2016, Congress amended TSCA pursuant to the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The amended TSCA initiated an “Inventory reset” process, which required EPA to designate chemical substances as “active” or “inactive” in U.S. commerce.  On August 11, 2017, EPA published the TSCA Inventory Notification (Active-Inactive) Rule. This rule required anyone who manufactured or imported a chemical substance during a lookback period to notify EPA that the substance is “active” in U.S. Commerce. The submission period for manufacturers and importers ended on February 7, 2018.

Anyone who “processes” a chemical substance should also confirm that it is on the active list. Processing can include repackaging a chemical substance for commercial distribution and/or using a chemical substance to manufacture a product. In order to avoid an inactive designation, processors may notify EPA that a chemical substance should be on the active list. 40 C.F.R. § 710.30(a)(3). The submission period for such a notification ends on October 5, 2018.

For more information, please contact Phillip Hoover or Ed Ezekiel.