TSCA Inventory Notification (Active-Inactive) Rule

The Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, requires EPA to designate chemical substances on the TSCA Chemical Substance Inventory as either “active” or “inactive” in U.S. commerce. To accomplish that, EPA finalized a rule requiring industry reporting of chemicals manufactured (including imported) or processed in the U.S. over a 10 year period ending on June 21, 2016.

This reporting was completed on October 5, 2018, and was used to identify chemical substances on the TSCA Inventory as active or inactive in U.S. commerce. Starting August 5, 2019, manufacturers and processors are required to notify EPA before reintroducing inactive substances into U.S. commerce. Manufacturers and processors can notify EPA via a Notice of Activity Form B, found in EPA's Central Data Exchange (CDX). Upon receiving such notification, EPA will change the commercial activity designation of inactive substances to active.

In January 2021, EPA announced that the agency is reopening the reporting period under the TSCA Active-Inactive Rule where companies report to the agency on which chemicals were manufactured, imported, or processed in the U.S. during the 10-year time period ending on June 21, 2016.

The regulatory review of this unpublished action is now complete and EPA has determined not to proceed with the reopening of the Active-Inactive Rule.
EPA will continue to review confidentiality claims for chemical identities and take action to update confidential Inventory status in accordance with section 8(b) and 14 of TSCA, considering any substantiations and other information provided with TSCA submissions as appropriate.

Note: On April 26, 2019, the U.S. Court of Appeals for the District of Columbia Circuit ordered a limited remand without vacatur of the TSCA Inventory Notification (Active-Inactive) Requirements rule for EPA to address an issue pertaining to how companies are to substantiate claims that a chemical substance’s specific chemical identity is protected from disclosure as confidential business information. A copy of the court’s decision is available here.

Manufacturers and processors subject to the TSCA Inventory Notification (Active-Inactive) Requirements rule are advised that no part of the rule has been vacated and that all requirements of the rule remain in effect. EPA's response to the remand was finalized in the Procedures for Review of CBI Claims for the Identity of Chemicals on the TSCA Inventory rule.