EPA has revised the process guidelines for requesting corrections to the Toxic Substances Control Act (TSCA) Inventory. From April 26, 2022, companies are in need to submit a premanufacture notice (PMN) or exemption notice, to request a change in the specific chemical identity of a substance listed on the Inventory.

EPA recognized that a few numbers of chemicals reported for inclusion on the initial Inventory could unintentionally have been described incorrectly by people reporting them. Even though not required to do so under TSCA, EPA drafted and published guidelines in July 1980 on how to request modifications on incorrectly reported chemicals. However, the guidelines did not include a period during which requests for corrections to the Inventory could be submitted.

EPA will stop processing Inventory corrections, taking its 1980 Inventory Correction guidelines, and gradually eliminate the accompanying procedures by which companies that provided incorrectly identified chemicals on an original Inventory reporting form may request a correction of that Inventory list. It was never EPA’s purpose to introduce a correction mechanism that would be open-ended in time and lasts for decades. Moreover, companies have had some opportunities over more than 40 years since the 1980 publication of the revised TSCA Inventory list to make these corrections.

Further, when TSCA was approved in 1976, it exempted many chemicals in commerce at the time from going through new chemicals assessment process. Inventory correction guidelines have become increasingly evident to the Agency that the Inventory correction request process may be used improperly by entities attempting to avoid submission of a PMN or exemption notice to add what is a new chemical substance to the inventory, rather than just correcting the chemical identity of a substance included on the original Inventory.

The phase-out period for correction requests ended on 26th April 2022. During this period, EPA will agree with the correction requests that are complete, and which meet the correction guidelines published in 1980. Correction requests which are incomplete or ineligible according to the guidelines will be declined by EPA.

In case a company discovers a change in the specific chemical identity of a chemical substance for any reason after 26th April 2022, which is reported on an original Inventory reporting form, a PMN or an exemption notice will be needed to be filed if the chemical substance is not already listed on the TSCA Inventory.

Reference: EPA Revises Guidelines for Making Corrections to the TSCA Inventory | US EPA