Bergeson & Campbell, P.C. (B&C®) is a Washington, D.C. law firm providing chemical and chemical product stakeholders unparalleled experience, judgment, and excellence in matters relating to TSCA, and other global chemical management programs.

By Lynn L. Bergeson and Carla N. Hutton

The U.S. Environmental Protection Agency’s (EPA) April 2018 Toxic Substances Control Act (TSCA) Chemical Substance Inventory is now available.  For the first time, the Inventory includes a field designating substances that are “active” in U.S. commerce based on the following:

  • Reporting from the 2012 and 2016 Chemical Data Reporting cycles;
  • Notices of Commencement received by EPA since June 21, 2006; and
  • Notice of Activity Form A’s received by EPA through the February 7, 2018, deadline, per the TSCA Inventory Notification (Active-Inactive) Rule.

EPA states that it “carefully processed and conducted a quality check of the data to ensure duplicate entries and confidential business information were removed” from the large number of notices received under the Active-Inactive Rule.  EPA also posted a list of substances reported in a Notice of Activity Form A from February 8 through March 30, 2018.  According to EPA, this list should assist processors in determining which of their substances on the Inventory have not yet been designated as “active” to date.  Based on our review, the Inventory lists approximately 38,303 total active substances, or about 44.5 percent.  The deadline for voluntary submission of a Notice of Activity Form A by processors is October 5, 2018.

If your company is having trouble reporting through EPA’s Central Data Exchange (CDX), please contact Richard E. Engler, Ph.D. or Lynn L. Bergeson to obtain a copy of our comprehensive Guidance Materials for TSCA Inventory Notification Rulemaking.  Our TSCA experts would be pleased to assist you with the reporting process!

More information on the TSCA Inventory rulemaking and TSCA Inventory issues is available on our blog under the key phrase TSCA Inventory and on our TSCA Reform News & Information web page.  More information on EPA’s Final TSCA Inventory Notification (Active-Inactive) Rule is available in our memorandum, “EPA Issues Final TSCA Framework Rules.”  Specific information on changes in the CDX system is available in our blog item, “EPA Updates eNOA Template in CDX System.”


 

By Charles M. Auer and Richard E. Engler, Ph.D.

The U.S. Environmental Protection Agency (EPA) has updated its eNOA upload template that was initially released in 2017 to assist filers with the Central Data Exchange (CDX) system.  The eNOA, or electronic Notice of Activity (NOA) Form, is used for retrospective reporting under the amended Toxic Substances Control Act’s (TSCA) Inventory notification requirements.  The eNOA template, available for download from within the eNOA system on CDX, assists users to upload many substance identities in a batch.  The template file is a comma separated value (CSV) file, CSV-NAA.csv, that is readable by most spreadsheet and database programs.  The change means that if submitters attempt to use the old template, the CSV file will not upload properly and will generate errors in CDX. 

The template was updated by adding a new field name.  The new field name that will be added to the CSV file is “Isjoint,” and the field explanation is “NOA is joint with another submitter;” which permits filers to upload and start multiple joint submissions in a batch.  The field names required, along with their field explanations, are: 

  • Isjoint: NOA is joint with another submitter.
  • CASRN:  CASRN with our without dashes; after upload, dashes will be present.  Must be “TRUE” or “FALSE”;
  • Accession Number:  Accession number for substances listed on the confidential portion of the Inventory;      
  • Chemical Cbi:  Submitter seeking to maintain CBI claim for substance identity.  Must be “TRUE” or “FALSE”;
  • Submitter Cbi: Submitter claiming CBI for submitter identity.  Must be “TRUE” or “FALSE”;
  • Company Details Cbi: Submitter claiming CBI for submitting company details.  Must be “TRUE” or “FALSE”;
  • Technical [Contact] Cbi:  Submitter claiming CBI for technical contact identity.  NB: “Contanct” is misspelled in the template.  Must be “TRUE” or “FALSE”;
  • Substantiation CBI:  Submitter claiming CBI for substantiation statement(s).  Must be “TRUE” or “FALSE”; and
  • ShowCbiQuestions:  Set to TRUE to substantiate CBI claims.  This is required for submitter, company, and technical contact claims.  Must be “TRUE” or “FALSE.” 

 

By Lynn L. Bergeson and Margaret R. Graham

On January 3, 2018, the U.S. Environmental Protection Agency announced it would be hosting two webinars to support Third-Party Certifiers (TPC) in generating and entering annual report information into the Central Data Exchange (CDX).  Registration is available online through the following links: the webinars will be held on January 9, 2018, from 1:00 p.m. to 3:00 p.m. (EST); and on February 1, 2018, from 9:00 a.m. to 11:00 a.m. (EST).  Both webinar presentations will provide an overview of the TPC annual report requirements and a live demonstration of the reporting process through CDX.

As required under the Toxic Substances Control Act (TSCA) Title VI final rule that implemented the Formaldehyde Standards for Composite Wood Products Act, EPA-recognized TPCs must submit an annual report to EPA through CDX on or before March 1, 2018.  The required information includes the name and location of the mill(s), the types of products certified for them, and quarterly test data on each product.  Providing certification services for multiple mills and submitting that information to the CDX database may take a considerable amount of time, therefore, EPA strongly suggests for TPCs to start entering the required information and existing testing data for each panel producer as soon as possible to ensure that they meet the deadline.  Basic information on each panel producer, such as name(s), product type(s), and testing information that is available now can be entered into CDX immediately. 

EPA also stated the importance of retaining the password; the password created for the annual report will be required later to amend, finalize, and submit the report to the EPA.  If this password is lost, it cannot be recovered, and a new annual report submission would need to be created.

More information is available on EPA’s website.


 

By Lynn L. Bergeson and Margaret R. Graham

On March 10, 2017, the U.S. Environmental Protection Agency (EPA) announced that its Office of Pollution Prevention and Toxics (OPPT) would be hosting two webinars covering the use of the Central Data Exchange (CDX) for upfront confidential business information (CBI) substantiation.  Per EPA’s notice on January 19, 2017, the statutory requirements for substantiation of CBI claims will change effective March 21, 2017, for Toxic Substances Control Act (TSCA) submissions.  In preparation for this change, OPPT revised the CDX TSCA reporting applications to allow for upfront substantiation of CBI claims.

OPPT’s first webinar will be March 15, 2017, at 1:00 p.m. (EDT) and the second will be on March 21, 2017, at 1:00 p.m. (EDT).  EPA states that these webinars will cover technical aspects of making upfront substantiations within the CDX reporting applications, and that OPPT would appreciate help in identifying participants that currently use CDX reporting applications or will do so under the new requirements to participate in these events.

Registration is available online.  The webinars will be limited to the first 1,000 registrants and registration will close at 11:00 a.m. (EDT) on the date of each webinar.  After the webinar, OPPT will post the webinar materials on its Confidential Business Information under TSCA webpage.  More information on the statutory requirements for substantiation of CBI claims is available in our blog item EPA Issues Guidance On Substantiation Requirements For CBI Claims Under TSCA.