TSCA’s Reset Rule
The third rule published under the framework of the TSCA Reform Act is known as the “Reset” Rule. This rule requires that the Environmental Protection Agency (EPA) designates chemical substances on the TSCA inventory as either “active” or “inactive”.
Chemical manufacturers or importers must report any chemical substances that were manufactured or imported in the United States over the past 10 years (Retrospective reporting). The applicable time period for reporting is June 21, 2016 to February 7, 2018 and manufacturers and importers have 180 days to comply from the time this rule was published. Processors have an additional 240 days until October 5, 2018.
The Reporting process is required to be completed using the EPAs electronic reporting system (CDX). The notice of activity Form A must be submitted for EPA to designate a chemical substance as “active” on the TSCA inventory.
There are certain substances that are exempt from reporting and these include any chemicals already reported under the 2012 and 2016 CDR rule, substances notified to EPA since June 21, 2016 and chemical substances normally exempt from PMN reporting.
If a manufacturer, importer or processor does not submit a notice within the 180 days (240 days for processors), then the chemical substance will be designated as “inactive” and a notice of activity Form B will have to be submitted to EPA within 90 days before any manufacturing, importing or processing of the chemical substance is to take place.
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