Under the current TSCA framework, articles manufacturers are exempt from most chemical management requirements but all manufacturers (including articles importers) of a product containing a high priority chemical must pay a portion of the fees for the substance’s evaluation. The EPA has issued a preliminary list of manufacturers which must pay the fees. Companies not on the list but whose products contain one of the high priority chemicals must self identify to the EPA via the CDX system. Companies being listed in one of the preliminary lists may certify out if they have since ceased to produce the chemicals in their products and would remain so for the next five years.
While there is no current exemption for article manufacturers or low volume threshold, the EPA has stated that it will start rulemaking procedures to allow exemptions for certain types of manufacturers which include article manufacturers. The agency also issued a no action assurance, stating that it will not enforce the self-identification requirement against articles importers until September 2021 or the effective date of the final rule on the exemption.
Parts and components for electronic and electrical products would most likely qualify as an article and as such, the company might have no obligation to self identify to the EPA at this time. If your product is not an article or the high priority chemical used in your product is not a byproduct or an impurity, your company will need to self identify to the EPA. Once the EPA finalises the list of obligated parties, each company must pay for its allotted share of the cost of the risk evaluation for the particular chemical.