EPA Updates TSCA Inventory Ahead of 2024 Chemical Data Reporting Cycle

On May 23, 2024, the U.S. Environmental Protection Agency (EPA) released the latest update to the Toxic Substances Control Act (TSCA) Inventory. This biannual update, which makes non-confidential TSCA Inventory data publicly available, aligns with the 2024 Chemical Data Reporting (CDR) cycle, which starts on June 1, 2024. Manufacturers and importers should consult the updated TSCA Inventory to determine which chemicals they will be required to report under the CDR rule. The next scheduled update of the TSCA Inventory is anticipated in early 2025.

TSCA Inventory:

The TSCA Inventory is a list of all existing chemicals manufactured, processed or imported in the U.S. Section 8(b) of the Toxic Substances Control Act (TSCA) requires EPA to compile, maintain and publish a list of each chemical substance that is manufactured or processed in the United States, including imports, for uses under TSCA.

TSCA defines a “chemical substance” as any organic or inorganic substance having a particular molecular identity, including any combination of these substances occurring in whole or in part because of a chemical reaction or that occurs in nature, and any element or uncombined radical.

The chemicals listed in the TSCA Inventory include:

• Organics
• Inorganics
• Polymers
• Chemical substances of unknown or variable composition, complex reaction products, and biological materials (UVCBs).

Chemicals listed on the Inventory are referred to as "existing" in U.S. commerce, while those not listed are referred to as "new." The Inventory also indicates "flags" for those existing chemical substances that are subject to manufacturing or use restrictions. Confirming a chemical's Inventory status is crucial before initiating manufacturing or importing activities, because anyone planning to manufacture a new chemical for commercial use must submit a Premanufacture Notice (PMN) to EPA at least 90 days before commencing the activity.

Updates:

The TSCA Inventory now contains 86,770 chemicals of which 42,377 are active in U.S. commerce. Other updates include revisions to commercial activity data and regulatory flags such as Significant New Use Rules.

As part of EPA's ongoing review of confidential business information under TSCA, more substances are continually being listed with their unique chemical identities as they transition from the confidential segment of the TSCA Inventory to the public section. Since the last update of the TSCA Inventory in February 2024, EPA has transferred approximately 133 chemical identities from the confidential section to the public section.