EPA Reopens Reporting Period for TSCA Active-Inactive Rule

For Release: January 5, 2021

EPA is reopening the reporting period under the Toxic Substances Control Act (TSCA) Active-Inactive Rule where companies identified chemicals that were manufactured, imported, or processed in the United States during the 10-year time period ending on June 21, 2016.

The original reporting period closed in October 2018 and included an opportunity for submitters to assert claims to retain specific chemical identities as confidential business information (CBI). In May 2020, EPA posted an interim list of chemicals expected to lose their CBI status and move to the public portion of the TSCA Inventory. Since then, EPA has become aware of submitter confusion and issues regarding CBI claims during the initial reporting period. Today’s action enables companies to submit, amend, or withdraw filings under the Active-Inactive Rule in order to maintain existing CBI claims for specific chemical identity.

The reporting period will reopen 30 days after publication in Federal Register and run for 60 days after that date.

Learn more about today’s action and the TSCA Active-Inactive Rule.

Background

TSCA requires EPA to designate chemical substances on the TSCA 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 United States 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.