20 March 2017 / Japan, Substance notification & inventories, TSCA, United States
The Japan Chemical Industry Association has requested the US EPA grant joint submitters additional time to fulfil the proposed TSCA 'inventory reset' reporting requirements.
The Lautenberg Act requires the EPA to set a rule outlining the process for designating the 85,000 substances on the TSCA inventory as 'active' or 'inactive' by June. This exercise will inform the agency's prioritisation of substances for risk evaluation, and also ensure that confidential business information (CBI) claims are current.
The draft rule proposes to allow joint submissions when an importer, domestic manufacturer or processor cannot provide the specific chemical identity of a reportable substance because the information is claimed confidential by a supplier. Similarly to how these situations are treated under the Chemical Data Reporting (CDR) rule, the supplier could provide the confidential chemical identity information directly to the agency in a joint submission with the notifier.
But the JCIA says the EPA should extend the timeline for these submissions beyond the 180 days currently proposed. It recommends using the 360-day reporting window currently proposed for processors.
The group also asks that reporting forms allow for notification of several substances used in one mixture in a single joint submission.
In addition to these joint submission considerations, it argues that substances manufactured or imported during the ten year 'lookback period', but that will not be manufactured or imported in future, be "totally or partially exempt from retrospective notification".
In the absence of this accommodation, it says, "especially [confidential business information] CBI substances will cause a burden for both importers and non-US suppliers, because they must file a joint submission even if they have no business anymore with each other".
The JCIA also recommends:
• excluding the first and last date of manufacture reporting requirement. This is a sentiment echoed by industry groups in the US;
• exempting polymers from the regulation's requirements; and
• not mandating notification for new substances for which a pre-manufacture notice (PMN) was submitted, and the substance added to the non-confidential portion of the inventory, during the lookback period.
The JCIA says inventory refinement exercises in other countries have shown them to be "incomplete at the first time". This has resulted in additional rounds of notifications: six in China and three in Taiwan, for example.