Are You Ready for the February 7th TSCA CDX Reporting Deadline?

The Toxic Substances Control Act (TSCA) Inventory—which is a list of chemical substances in commerce in the US, is being updated.

If your company manufactured or imported chemicals from June 21, 2006 through June 21, 2016, the EPA’s TSCA Inventory Reset rule may require you to identify those substances as active on the EPA’s central data exchange (CDX) before February 8, 2018.

If you process or use chemicals, you may identify them as active on the TSCA Inventory through October 5, 2018. After October 5, 2018, EPA will compile a list of inactive substances, and 90 days after that list is published, the inactive substances may not, unless exempted, be manufactured, imported, processed, or used in commerce, in the U.S.

The 2016 amendments to TSCA require EPA to designate chemical substances on the TSCA Chemical Substance Inventory as either active or inactive in US commerce. To accomplish that, EPA established a retrospective electronic notification of chemical substances on the TSCA Inventory that were manufactured (including imported) for nonexempt commercial purposes during the 10-year time period ending on June 21, 2016, with a provision to also allow notification by processors. EPA uses these notifications to distinguish active substances from inactive substances. EPA includes the active and inactive designations on the TSCA Inventory and as part of its regular publications of the Inventory. EPA also established procedures for forward-looking electronic notification of chemical substances on the TSCA Inventory that are designated as inactive, if and when the manufacturing or processing of such chemical substances for nonexempt commercial purposes is expected to resume. On receiving forward-looking notification, EPA will change the designation of the pertinent chemical substance on the TSCA Inventory from inactive to active. EPA established the procedures regarding the manner in which such retrospective and forward-looking activity notifications must be submitted, the details of the notification requirements, exemptions from such requirements, and procedures for handling claims of confidentiality.

TSCA Reset Webcast 

Register for the TSCA Reset Webcast before the February 7, 2018, deadline. This interactive, instructor-led webcast will be offered on January 30, 2018 and February 1, 2018 from 1:00-4:00 pm. 

Atlanta Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Atlanta, on January 23-25 and save $100, or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Indianapolis Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Indianapolis on January 30-February 1 and save $100, or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Tampa Hazardous Waste and DOT Training 

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Tampa, FL, on February 5-8 and save $100, or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Reporting Requirements Update Expected for Animal Waste Emissions 

Due to a recent court action, many U.S. farms with animal operations will be required to report emissions from animal waste as early as January 22. CERCLA and EPCRA require facilities to report releases of hazardous substances that are equal to or greater than their reportable quantities (RQ) within any 24-hour period. Following a hazardous substance reportable release, a facility owner or operator must notify federal authorities under CERCLA and state and local authorities under EPCRA. Review the CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms Fact Sheet for frequently asked questions and how the updates may affect your operations.

On December 18, 2008, EPA published a final rule that exempted most farms from certain release reporting requirements in CERCLA and EPCRA. Specifically, the rule exempted farms releasing hazardous substances from animal waste to the air above threshold levels from reporting under CERCLA. For EPCRA reporting, the rule exempted reporting of such releases if the farm had fewer animals than a large concentrated animal feeding operation (CAFO).

In short, all farms were relieved from reporting hazardous substance air releases from animal waste under CERCLA, and only large CAFOs were subject to EPCRA reporting.   

A number of citizen groups challenged the validity of the final rule in the U.S. Court of Appeals for the District of Columbia Circuit. On April 11, 2017, the Court struck down the final rule, eliminating the reporting exemptions for farms. EPA sought additional time from the Court to delay the effective date so that EPA could develop guidance materials to help farmers understand their reporting obligations.

No reporting is required until the Court issues its order, or mandate, enforcing the April 11, 2017, decision. EPA will update this guidance to provide farmers with notice of when the mandate issues and reporting requirements begin. The court is expected to issue the mandate on January 22, 2018. Check EPA’s website frequently for updates. Once the mandate is issued, farms should submit an initial continuous release notification to the National Response Center for qualifying releases that occur within a 24-hour period.

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