July 2010 Recycling and the TSCA Inventory

 U.S. Environmental Protection Agency 

Office of Pollution Prevention and Toxics 

 

FACT SHEET: Recycling and the TSCA Inventory of Chemical Substances 

Premanufacture Notification and Inventory Update Reporting Requirements1

My manufacturing process results in the production of waste chemicals. If I recycle these 

chemicals, do I need to be concerned with whether the waste chemicals are listed on the TSCA 

Chemical Substance Inventory or, if they are listed, with Inventory Update Reporting 

requirements? 

Perhaps. If any part of the waste chemicals is to be used for a commercial purpose under TSCA, 

you should examine the TSCA Chemical Substance Inventory (Inventory) listing and Inventory 

Update Reporting (IUR) requirements associated with your production of waste chemicals. This 

commercial purpose is likely to happen if you reuse or recycle the waste chemicals, even if you 

send them off your site, such as to a recycler. 

Should my waste chemicals and other byproduct 

chemicals (byproducts) be listed on the TSCA 

Inventory? Do you 

manufacture a 

byproduct? Perhaps. If you manufacture chemical substances or use 

chemical substances in a manufacturing or processing 

activity, then you need to consider whether your 

byproducts should be listed on the TSCA Inventory. If 

your byproduct is to be used for a non-exempt 

commercial purpose, then it must be listed on the TSCA 

Inventory.2

 Exempt commercial uses of byproducts are 

described at 40 CFR 720.30(g). Additional details are 

provided in the Recycling Q&A document. 

Does your 

byproduct have a 

separate 

commercial 

purpose?

My waste chemical or byproduct is listed on the 

TSCA Inventory. Am I subject to IUR 

requirements? 

If your waste chemical or byproduct is used for a commercial purpose, such as may occur if you 

recycle those substances, then you may be subject to IUR. In general, if at your site 25,000 pounds 

or more of the chemical are manufactured or imported during the principal reporting year (i.e., 

during 2010 for the 2011 submission period), then you may be required to submit information for 

IUR.3

 Certain uses are exempted from IUR. You are not required to report a waste chemical or 

byproduct if its only commercial purpose is to burn as a fuel, to dispose of as a waste (including in a 

landfill or for enriching soil), or to extract component chemical substances from it for commercial 

purposes. (See 40 CFR 711.10(c) and 720.30(g)) Note that this exclusion applies only to the 

byproduct and not to the component substance(s) extracted from the byproduct. If your waste or 

byproduct is used to manufacture another chemical substance for a commercial purpose, then your 

waste or byproduct may be subject to IUR. For further information, please see the Recycling Q&A 

document. 

1

 This document is intended to provide guidance for reporting for the Premanufacture and Inventory Update Reporting requirements

prescribed by the Toxic Substances Control Act, 15 U.S.C. 2601 et seq. and is not a substitute for the Toxic Substances Control Act, 

the Premanufacture Notification regulations, 40 CFR part 720, or the TSCA Chemical Inventory Reporting regulations, 40 CFR part

711. In the event of conflict of this document with either TSCA or the regulations, TSCA and/or the regulations shall prevail. 2

 If your byproduct must be on the TSCA Inventory and it is not, you need to contact the Agency concerning TSCA Section 5 

Premanufacture Notice (PMN) obligations.

3

 Note, however, that per 40 CFR 711.8(b), any person who manufactured (including imported) for commercial purposes any 

chemical substance that is the subject of certain actions under TSCA is subject to reporting for that chemical, regardless of the 

production volume. 

Does your 

commercial use 

meet 40 CFR 

720.30(g)?

No TSCA 

Inventory listing 

required

TSCA Inventory 

listing required

Yes

No

Yes

No

Is your byproduct required to be listed on the 

TSCA Inventory of Chemical Substances?

Yes