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
 
On October 16, 2020, the U.S. Environmental Protection Agency (EPA) reminded companies that if they filed a retrospective activity notice (Notice of Activity (NOA) Form A) under the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Rule and claimed the specific chemical identity as confidential business information (CBI), they have until November 1, 2020, to submit or amend their CBI substantiations.  Companies that amend, update, or file new CBI substantiations must do so electronically via EPA’s Central Data Exchange.

Background

On March 6, 2020, EPA promulgated a final rule on procedures for review of CBI claims made under TSCA.  The final rule includes the requirements for regulated entities to substantiate certain CBI claims made under TSCA to protect the specific chemical identities of chemical substances on the confidential portion of the TSCA Inventory, and EPA’s plan for reviewing certain CBI claims for specific chemical identities.  The substantiation requirements describe the applicable procedures and provide instructions for regulated entities.  EPA sets out the review criteria and related procedures that it will use to complete the reviews within the five-year timeframe set in TSCA.  More information is available in our February 28, 2020, memorandum, “EPA Releases Final Rule on Procedures for Review of CBI Claims for the Identity of Chemicals on the TSCA Inventory.”

Tags: CBI, NOA, Inventory

 

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.”