On February 25, 2022, the US Environmental Protection Agency (EPA) was used to allow the modification of the chemical identity of substances in commerce since the time of the first Hazardous Substances Control Act (TSCA) in 1980. We have issued a Federal Register notice announcing the cancellation of the policy. (15 USC §2601 or later) Chemical inventory (inventory). Under the terms of the EPA’s policy changes, the entity must make a final request to amend the initial inventory submission by April 26, 2022. According to the EPA, if the first inventory submission chemical nomenclature error is identified after April 26, the company will not remain on the market but will receive a TSCA Section 5 Premanufacturing Notice (PMN) or another Section 5 notice. Must be submitted.
The Inventory Correction Policy was issued by the EPA on July 29, 1980 to address errors in the initial inventory report submission. This policy has identified three broad areas where the EPA will accept amendments. (1) Correction of previously reported chemical identity of the substance. (2) Addition of previously unrecognized separation intermediates that occur during the manufacture of products reported as inventories. (3) Corrections made in response to a request from the EPA to identify reporting errors. In the first category, correctable errors in chemical identity include typographical / transcriptional errors, improved chemical identity (eg, narrowing the range of components of complex reaction products), and a single substance. Included identification of new ingredients of what was thought to be. Misidentification of chemical substances.
This policy sets out the documents that EPA needs to accept correction requests, such as original reports, manufacturing records, and analytical data showing changes in chemical identity. The amendment request must be submitted by the first submitter of the inventory report form or by the successor of the company with the appropriate documentation of ownership. If the remediation request meets the policy requirements, EPA approves the request and adds the revised chemical identity to the TSCA inventory.
In revoking the amendment policy, the EPA argued that the company had ample opportunity to amend the initial inventory, and in any case, over time it became difficult to provide empirical records. The EPA also cited the possibility that ineligible amendment requests would be processed if the policy continued, but the EPA was unable to match its views with existing document requirements. The EPA has indicated that it will not accept new inventory adjustments after April 26, 2022, but reserves the right to initiate inventory adjustments at its discretion. The EPA did not identify the circumstances in which the agency would behave in that way.
The revocation of the policy that the industry has trusted and used for over 40 years has not been announced and has not benefited from the opinions and comments of the regulated community. The EPA also clarified that no correction policy applies to PMN nomenclature errors found after the expiration of the PMN review period, leaving the status of the chemical derivative of the corrective substance added to the inventory through the PMN process in question. I made it. Given the number of substances that may not be accurately described using today’s naming standards in TSCA inventory and US commerce, the potential impact of this policy change is significant.
-
The final opportunity to submit a request to revoke the 1980 Guidelines and revise the first report submitted for the Chemicals Inventory of the Original Hazardous Substances Control Act (TSCA), 87 Federal. Registration 10,781 (February 25, 2022).
-
TSCA Revised Inventory Availability, 45 Federal. Registration 50,544 (July 29, 1980).
-
Id. At 50,454.
