In January 2025, the U.S. Environmental Protection Agency (EPA) updated the Toxic Substances Control Act (TSCA) inventory. It now contains 86,847 chemicals, of which 42,495 are active. This inventory is revised biannually, with the next update due in summer 2025.
For Enterprises exporting to the United States, the first compliance step is to ascertain if their chemical substances are in the TSCA inventory, thus determining their status as existing substances. This is critical for understanding regulatory duties. You can perform a free search through this link using a chemical substance's name or CAS number.
EPA divides chemical substances under TSCA into active and inactive categories. Within ten years of the TSCA update, commercially active chemical substances are classified as active for priority screening and risk assessment. Businesses intending to produce, import, or use inactive substances must submit Form B to EPA to change their status to active. Both active and inactive substances are considered existing in the U.S.
Compliance Duties for Businesses
Businesses dealing with existing substances have two main duties:
- Chemical Data Reporting (CDR): Businesses with production or import volumes exceeding 25,000 pounds (around 11.3 tons) at any location must report electronically to EPA via the e-CDR web system. CDR is due every four years.
- Significant New Use Notice (SNUR): If a business produces or uses a substance designated by EPA as a significant new use substance, it must submit a SNUR to EPA 90 days before production or use. EPA reviews SNURs to mitigate or restrict potential harmful exposure from new uses.
Further Information