Toxic Substances Control Act (TSCA) Reporting: Are You Ready?  

We are all familiar with many of the environmental regulatory reporting programs: Tier II Chemical Inventory, Toxic Release Inventory, and Annual or Biennial Hazardous Waste Reports. One that may not be as commonly known is reporting under the Toxic Substances Control Act (TSCA). 

TSCA is a chemical law that regulates substances, including mixtures, that pose unreasonable risks to the public or environment. Since October 11, 1976, when TSCA was promulgated, it provided the framework for the United States Environmental Protection Agency (USEPA) to review, test, and develop risk evaluations on existing and new substances used in commerce, including those that are imported. Facilities with operations that involve substances on the TSCA inventory must submit a report every 4  years. 

While TSCA reporting is not an annual requirement, one could argue that TSCA reporting is one of the most critical reports when it comes to chemical safety and protection of the public and the environment. TSCA regulations are not concerned with the release of substances, like most regulatory reporting programs, but rather on understanding and controlling the risks related to production, import, processing, use, and disposal of TSCA substances and mixtures.  

Your facility is subject to TSCA reporting if it falls into one of the following categories: 

  1. Manufacture, process, distribute, use, dispose of, or import 25,000 pounds or more of a substance or mixture on the TSCA inventory, including the sum of imported substances and domestically manufactured substances; or 
  2. Manufacture or import 2,500 pounds for commercial purposes any active chemical substance subject to:  
    • TSCA Section 5(a)(2), 5(b)(4), or 6 rules (polychlorinated biphenyls [PCBs] per 40 Code of Federal Regulations [CFR] 761) 
    • TSCA Section 5(e) or 5(f) consent order 
    • TSCA Section 5 or 7 relief 

The current TSCA inventory includes a whopping 85,000 identified substances. The inventory includes more well-known substances on the TSCA inventory—such as PCBs, asbestos, formaldehyde, and mercury—and also recently added substances such as per- and polyfluoroalkyl substances (PFAS). As with most regulations there are exclusions, to minimize duplicative management requirements with other regulations, such as pesticides (Federal Insecticide, Fungicide, & Rodenticide Act [FIFRA]) or food additives or cosmetics (Food and Drug Administration [FDA]).  

The last time facilities reported TSCA data was in 2020. The upcoming reporting period for TSCA begins June 1, 2024, and ends September 30, 2024. TSCA data are reported on the Chemical Data Report (CDR) using USEPA’s Central Data Exchange (CDX) portal.  

For more information regarding the upcoming TSCA report, please contact Molly Mulloy or Amy Bauer. 

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