The race is on! On February 19, 2019, the Environmental Protection Agency (EPA) published the revised Toxic Substances Control Act (TSCA) Inventory with all listed substances having either an Active or Inactive designation. There are 35,110 non-confidential substance listings and 10,463 confidential substance listings on the inventory that are listed as Inactive. The Inactive designation won’t officially take effect until 90 days from February 19, 2019. With that being said, the 90-day countdown until substances become officially inactive has started.
Under the TSCA reset rule, manufacturers (including importers) and processors now have 90 days to file a Notice of Activity Form B (NOA Form B) for any substance still being manufactured or processed that is listed as Inactive so that business operations can continue per usual. As a manufacturer or processor of chemicals, now (and sooner rather than later) is the time to check your products against the Inventory list to check that all ingredients for which an exemption isn’t applicable are listed as Active. If you can’t tell that everything is listed as Active, you may need to check with suppliers (for ingredients that do not have a CAS on the SDS and possibly for ingredients that aren’t listed as Active) and potentially do some reporting. Moving forward, once substances are officially Inactive, any substance that is listed on the Inventory as Inactive will need to have a NOA Form B submitted as part of getting the Inactive designation changed to Active. Doing so ensures the substance can be legally manufactured/processed or used.