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The latest update to the Toxic Substances Control Act (TSCA) Inventory is now available with more than 86,000 chemicals of which 42,170 are active. It’s been a year since EPA last made changes to the Inventory, the agency’s list of each chemical made, processed, and/or imported into the U.S. The non-confidential portion of the TSCA Inventory is typically updated every six months, but this latest round took the agency longer. TSCA requires companies that are planning to use, import, or manufacture a chemical substance to ensure that it’s on the Inventory.

What’s changed?

This latest update includes several hundred substances that have been removed from the confidential portion of the Inventory. They are now moved to the non-confidential portion of the Inventory and are listed with their specific chemical identities. According to the EPA additional updates include new commercial activity data and regulatory flags.

Searching and downloading the Inventory

Only the non-confidential portions of the TSCA Inventory are available for public search. You can download the Inventory from the EPA’s webpage in a CSV file format or, use the EPA’s Substance Registry Services to access a list on the web. If you choose to download the latest Inventory file, understanding how the data is formatted will help your search. The simplest option is to use the CAS Registry Number or partial chemical name in a search.

Active versus inactive chemicals

When you conduct your search of the Inventory, you need to make sure that your chemical is not only listed, but that it is also listed as “active.” “Active” chemicals do not need a notification for manufacturing, importing, or processing. If your chemical is listed as “inactive,” you must notify the EPA at least 90 days before use (including importation) via a Notice of Activity (NOA-B) Form with the agency.

What if a chemical’s not on the non-confidential Inventory?

However, if your chemical is not listed at all on the non-confidential Inventory, then the confidential Inventory must be considered. A request for review is made to the EPA by filing a notice of a “bona fide intent to manufacture.” If the EPA determines that the chemical is not on the confidential Inventory, then a premanufacture notice (PMN) must be filed before use or manufacture. If your chemical is in fact on the confidential Inventory, the EPA will notify you along with applicable Significant New Use Rules (SNUR). At this point, you can either comply with the SNUR or file a Significant New Use Notice.

EPA uses the CDX to communicate information

The EPA sends critical information related to claims and submissions through the Central Data Exchange (CDX). TSCA submitters are reminded to check the site regularly to avoid processing delays.

Key to remember

The latest update to the TSCA Inventory is now available. The next regular update of the TSCA Inventory is planned for summer 2023. TSCA submitters should check the CDX site regularly for important correspondence from the EPA.