Navigating TSCA Compliance: A Procurement Leader's Guide

The History and Evolution of TSCA

Understanding where TSCA came from provides critical context for navigating its current requirements. The law has undergone a fundamental transformation over the past five decades, and the regulatory framework procurement teams face today is dramatically different from the original statute.

The Original TSCA (1976)

Congress enacted the Toxic Substances Control Act in 1976 to address a regulatory gap: while the Clean Air Act and Clean Water Act regulated chemical releases into the environment, no federal law governed the inherent safety of chemical substances themselves. TSCA gave the EPA authority to require testing, restrict use, and in extreme cases ban chemical substances that present unreasonable risks to health or the environment.

However, the original TSCA had critical weaknesses. It grandfathered approximately 62,000 existing chemicals onto the TSCA Inventory without requiring safety testing, placing the burden on EPA to demonstrate that a chemical posed an “unreasonable risk” before it could impose restrictions. This standard proved nearly impossible to meet in practice. In a landmark 1991 case, the Fifth Circuit Court of Appeals struck down EPA’s attempt to ban most asbestos uses, ruling that the agency had not met TSCA’s evidentiary requirements. For the next 25 years, EPA was effectively unable to restrict chemicals under TSCA, even those with well-documented health risks.

The Lautenberg Chemical Safety Act (2016)

The Frank R. Lautenberg Chemical Safety for the 21st Century Act, signed into law in June 2016, fundamentally rewrote TSCA’s risk evaluation framework. Key changes that directly affect procurement include:

• Revised risk evaluation standard: EPA now evaluates chemicals under an “unreasonable risk” standard that no longer requires cost-benefit balancing, making it far easier for EPA to restrict chemicals
• Mandatory risk evaluations: EPA must conduct ongoing risk evaluations of existing chemicals, prioritizing those with the greatest potential for harm. The agency is currently evaluating dozens of high-priority substances including methylene chloride, 1,4-dioxane, formaldehyde, and several phthalates
• New chemicals review overhaul: Every new chemical substance submitted to EPA now receives an affirmative risk determination before it can enter commerce, replacing the previous passive review process
• Preemption framework: Federal TSCA risk evaluations can, in certain circumstances, preempt state-level chemical regulations, creating a complex interplay between federal and state requirements

Current Enforcement Landscape (2024-2026)

EPA’s TSCA enforcement has intensified significantly under the Lautenberg Act framework. The agency’s enforcement budget for chemical safety has increased by approximately 35% since 2020, and penalty amounts have risen correspondingly. In 2024, EPA assessed TSCA penalties exceeding $14 million across more than 60 enforcement actions, with individual penalties ranging from $15,000 for documentation failures to over $2.3 million for importing chemicals not on the TSCA Inventory.

The TSCA Chemical Substance Inventory: A Deep Dive

The TSCA Inventory is the cornerstone of compliance. Every chemical substance manufactured, processed, or imported in the United States must be listed on this inventory, and understanding its structure is essential for procurement professionals.

Inventory Structure: Active vs. Inactive Lists

Following a 2017 EPA rulemaking, the TSCA Inventory is now divided into two lists:

• Active Inventory: Chemicals that have been manufactured, processed, or imported in the United States during the 10-year period ending June 2016, or that have been subsequently reported as active. Only chemicals on the Active Inventory may be manufactured, processed, or imported without prior EPA notification.
• Inactive Inventory: Chemicals that were on the original TSCA Inventory but were not reported as active during the 10-year lookback period. Before manufacturing, processing, or importing an Inactive chemical, a company must file a Notice of Activity (NOA) Form B with EPA at least 90 days in advance.

This distinction catches many procurement teams off guard. A chemical may be “on the TSCA Inventory” but on the Inactive list, meaning it cannot simply be purchased and used without additional EPA notification. As of 2025, the Active Inventory contains approximately 42,000 chemicals, while roughly 25,000 remain on the Inactive list.

How to Check TSCA Inventory Status

EPA provides several tools for verifying inventory status:

• EPA’s Substance Registry Services (SRS): A publicly searchable database that includes TSCA Inventory status. Search by CAS number, chemical name, or molecular formula.
• EPA’s CompTox Chemicals Dashboard: A more comprehensive tool that includes TSCA status alongside toxicity data, exposure information, and other regulatory designations.
• CDX (Central Data Exchange): EPA’s electronic reporting system, which provides the most authoritative inventory status information for registered users.

For procurement purposes, the most reliable verification method is to require suppliers to provide written TSCA Inventory certification as a standard element of product documentation. This certification should specify whether the chemical is on the Active or Inactive list and identify any applicable SNURs or other use restrictions.

Significant New Use Rules (SNURs): The Hidden Compliance Trap

SNURs are among the most frequently misunderstood TSCA requirements, and they represent a significant compliance risk for procurement teams that assume TSCA Inventory listing equals unrestricted use.

How SNURs Work

When EPA determines that a new use of a chemical substance may pose risks, it can issue a SNUR requiring anyone who intends to manufacture, import, or process the chemical for that specific use to notify EPA at least 90 days before commencing the activity. During this notification period, EPA evaluates the proposed use and may impose conditions, restrictions, or prohibitions.

Examples of SNURs Affecting Procurement

• PFAS-related SNURs: EPA has issued SNURs covering approximately 300 PFAS substances, requiring notification before manufacturing, importing, or processing these chemicals for most uses. Given the breadth of PFAS chemistry and its presence in products ranging from coatings to laboratory reagents, these SNURs affect procurement across multiple industry sectors.
• Carbon nanotubes and nanomaterials: Multiple SNURs restrict specific uses of carbon nanotubes and other nanoscale materials, requiring EPA notification for uses beyond those evaluated in the original premanufacture notice.
• Flame retardant alternatives: As EPA restricts legacy flame retardants through risk evaluations, SNURs often apply to replacement chemicals, creating a compliance obligation that procurement teams must track during product transitions.

Procurement Impact

Every chemical in your purchasing portfolio should be cross-referenced against current SNURs. This is not a one-time exercise — EPA publishes new SNURs regularly through Federal Register notices, and failure to comply can result in penalties of up to $50,120 per violation per day under current EPA enforcement guidelines.

Section 6 Risk Evaluations and Their Procurement Impact

EPA’s ongoing risk evaluations under TSCA Section 6 represent the most consequential regulatory activity affecting chemical procurement today. When EPA completes a risk evaluation and finds “unreasonable risk,” it must impose restrictions that can range from use limitations and engineering controls to outright bans.

Currently Active Risk Evaluations

As of early 2026, EPA has completed risk evaluations for several high-volume chemicals and found unreasonable risk, including:

• Methylene chloride: EPA finalized a rule in 2024 prohibiting most consumer and many commercial uses, with phaseout timelines extending through 2029 for specific industrial applications
• Chrysotile asbestos: Banned for all remaining uses with a phaseout completing by 2030
• Perchloroethylene (PCE): Restrictions on dry cleaning and industrial degreasing uses with compliance deadlines beginning in 2026
• Trichloroethylene (TCE): Broad restrictions on manufacturing, processing, and use with limited exemptions for specific critical uses

Dozens of additional chemicals are in various stages of the risk evaluation pipeline, including formaldehyde, 1,4-dioxane, ethylene oxide, and several phthalates. Procurement teams that source any of these chemicals should actively monitor EPA’s evaluation progress and develop substitution strategies before regulatory deadlines arrive.

Planning for Restrictions

When EPA proposes restrictions on a chemical your organization uses, the procurement response should follow a structured timeline:

• Proposed rule stage (12-24 months before final rule): Begin qualifying alternative chemicals or alternative suppliers who offer compliant formulations. Engage with R&D and manufacturing to evaluate substitution feasibility.
• Final rule publication (compliance timeline begins): Finalize alternative sourcing, update specifications, and adjust inventory levels to consume existing stock within allowed timelines.
• Compliance deadline: Transition complete. Ensure all procurement contracts, specifications, and supplier qualifications reflect the new regulatory requirements.

TSCA vs. REACH vs. KKDIK: A Comparison for Global Procurement

Organizations that source chemicals internationally must navigate multiple overlapping regulatory frameworks. Understanding the key differences helps procurement teams avoid compliance gaps.

Registration and Authorization

Requirement	TSCA (USA)	REACH (EU)	KKDIK (Turkey)
Pre-market registration	Required for new chemicals only	Required for all chemicals above 1 ton/year	Required for all chemicals above 1 ton/year
Registration responsibility	Manufacturer or importer	Only Representatives or EU-based importers	Only Representatives or Turkey-based importers
Grandfathered chemicals	~62,000 (1976 inventory)	None — all required registration	Aligned with REACH registration data
Risk evaluation approach	EPA-initiated, prioritized list	Registrant-submitted dossiers	Registrant-submitted dossiers
Authorization for high-concern	SNURs restrict specific uses	Authorization required for SVHC use	Aligned with REACH SVHC framework

Key Differences That Affect Procurement

The most critical difference for procurement teams is the scope of registration obligations. Under REACH and KKDIK, the registration burden falls on every manufacturer and importer above the tonnage threshold, and unregistered chemicals cannot legally be placed on the market. Under TSCA, existing chemicals are presumed listed (though Active/Inactive status must be verified), and the registration burden for new chemicals falls primarily on the original manufacturer or importer.

This asymmetry means that a chemical legally available in the U.S. market under TSCA may not be registered under REACH, and vice versa. Procurement teams managing global supply chains must verify regulatory status independently in each jurisdiction — TSCA compliance does not imply REACH compliance, and REACH registration does not guarantee TSCA listing.

Step-by-Step TSCA Compliance Checklist

Building systematic TSCA compliance into procurement operations requires a structured approach. The following checklist covers the essential elements.

Before Purchasing a New Chemical

• Verify the chemical’s TSCA Active Inventory status using EPA’s SRS or CompTox Dashboard
• Check for applicable SNURs by searching the Federal Register and EPA’s SNUR database
• Confirm whether the chemical is subject to any Section 6 risk evaluation or proposed restriction
• For imported chemicals: verify that the foreign manufacturer or your organization (as importer of record) has met all TSCA obligations
• Obtain written TSCA compliance certification from the supplier
• Review the Safety Data Sheet (SDS) for TSCA-specific regulatory information (typically Section 15)

Ongoing Compliance Maintenance

• Maintain a chemical inventory management system that tracks TSCA status, SNUR applicability, and use restrictions for every chemical in your portfolio
• Monitor EPA Federal Register notices for new SNURs, risk evaluation updates, and rulemaking actions affecting chemicals in your portfolio
• Conduct annual reviews of your chemical inventory against current TSCA requirements
• Retain all TSCA-related documentation (supplier certifications, SDS, purchase records, correspondence) for a minimum of five years, or longer if your organization’s retention policy requires it
• Train procurement staff on TSCA requirements at least annually, with supplemental training when significant regulatory changes occur

Documentation and Record Retention

TSCA Section 8 imposes specific recordkeeping requirements that procurement teams must understand:

• Section 8(a): Preliminary Assessment Information Rule (PAIR) — EPA can require manufacturers, importers, and processors to report production volume, use, exposure, and disposal data for listed chemicals
• Section 8(c): Records of significant adverse reactions — organizations must maintain records of allegations of significant adverse reactions to health or the environment caused by chemical substances for 30 years (for employee allegations) or 5 years (for consumer allegations)
• Section 8(d): Health and safety studies — organizations must submit unpublished health and safety studies in their possession for chemicals identified by EPA
• Section 8(e): Substantial risk notification — if your organization obtains information suggesting that a chemical substance presents a substantial risk of injury to health or the environment, you must notify EPA within 15 working days

Common TSCA Violations Discovered During Audits

Understanding the most frequent compliance failures helps procurement teams prioritize their compliance efforts.

Top Violations by Frequency

• Importing chemicals not on the TSCA Inventory: The most common violation and the one carrying the highest penalties. This occurs most frequently with specialty chemicals sourced from non-U.S. manufacturers who are unfamiliar with TSCA requirements.
• Failure to comply with SNURs: Manufacturing, importing, or processing chemicals for uses covered by SNURs without submitting the required Significant New Use Notice (SNUN) to EPA.
• Incomplete or missing TSCA certifications on import shipments: TSCA Section 13 requires importers to certify that chemical shipments comply with TSCA. Customs and Border Protection (CBP) enforces this requirement at the border, and missing certifications can result in shipment detention, penalties, and forced re-export.
• Failure to submit Chemical Data Reporting (CDR): Manufacturers and importers of chemicals above 25,000 pounds per site per year must submit production volume and use data to EPA every four years.
• Inadequate recordkeeping: Failure to maintain required records under Section 8, particularly regarding adverse reaction allegations and health and safety studies.

The Role of the Importer of Record

For procurement teams that source chemicals internationally, the importer of record designation carries significant TSCA liability. The importer of record — typically the U.S. entity that owns the goods at the time of import — bears primary responsibility for ensuring TSCA compliance of imported chemicals. This includes:

• Verifying TSCA Inventory status before importation
• Filing TSCA certifications with CBP for every import shipment
• Complying with any applicable SNURs for the intended use
• Submitting CDR data for imported chemicals above the reporting threshold
• Responding to EPA information requests and enforcement inquiries

Many organizations mistakenly assume that their foreign supplier or freight forwarder handles TSCA compliance. In practice, the U.S. importer of record is the entity EPA holds accountable, regardless of contractual arrangements with foreign parties.

Building a TSCA Compliance Program from Scratch

For organizations that lack a formal TSCA compliance program, building one requires investment in people, processes, and systems. Here is a practical roadmap.

Phase 1: Inventory and Assessment (Months 1-3)

• Compile a complete inventory of all chemical substances your organization manufactures, processes, imports, or uses
• Verify TSCA Inventory status for each substance (Active, Inactive, or not listed)
• Identify all applicable SNURs, Section 5 orders, and Section 6 restrictions
• Assess current documentation practices against TSCA recordkeeping requirements
• Identify compliance gaps and prioritize remediation

Phase 2: Process Development (Months 3-6)

• Establish a chemical approval workflow that includes TSCA verification as a mandatory step before any new chemical enters your procurement portfolio
• Develop standard operating procedures for TSCA certification on import shipments
• Create a regulatory monitoring process for tracking EPA rulemakings, SNURs, and risk evaluations
• Implement a documentation management system for TSCA records
• Define roles and responsibilities for TSCA compliance within your organization

Phase 3: Training and Implementation (Months 6-9)

• Train procurement staff, receiving/warehouse personnel, and EHS professionals on TSCA requirements and your organization’s compliance procedures
• Implement the chemical approval workflow and begin requiring TSCA certifications from suppliers
• Begin regulatory monitoring and establish a process for communicating relevant changes to affected personnel
• Conduct a baseline compliance audit to verify that processes are functioning as designed

Phase 4: Continuous Improvement (Ongoing)

• Conduct annual TSCA compliance audits
• Update training materials and procedures when regulations change
• Review and refine the chemical approval workflow based on operational experience
• Maintain engagement with industry associations and regulatory counsel for early awareness of emerging TSCA requirements

How ChemContract Simplifies TSCA Compliance

ChemContract’s domestic sourcing model eliminates the layer of TSCA complexity that plagues international procurement. Every product in our portfolio is verified on the TSCA Active Inventory, and our standard documentation package includes complete compliance records — inventory verification, current SDS, and identification of any applicable SNURs or use restrictions.

Because ChemContract operates entirely within the U.S. regulatory framework, our customers are never in the position of serving as importer of record for chemicals of uncertain TSCA status. Our compliance team monitors EPA rulemakings, risk evaluations, and enforcement actions continuously, updating product documentation proactively when regulatory changes affect products in our portfolio.

For procurement teams managing complex chemical portfolios across multiple regulatory jurisdictions, working with a supplier that builds TSCA compliance into every transaction eliminates one of the most persistent sources of regulatory risk and administrative burden in chemical procurement.