Table of Contents
Documentation of TSCA Section 6(h) Isn’t Optional—It’s Your Defense
For manufacturers affected by TSCA Section 6(h), especially those importing or distributing finished goods, recordkeeping isn’t just a checkbox—it’s the foundation of a defensible compliance program. The EPA doesn’t just want to know that you’ve collected supplier declarations; it wants to see how, when, and why you made your decisions.
Let's break down what to keep, how long to keep it, and where most companies go wrong.
What Does TSCA Require for Recordkeeping?
Under Section 6(h), the EPA mandates that entities maintain records sufficient to demonstrate compliance with restrictions on PBT substances. There are no prescriptive templates—but the expectation is clear: You must be able to produce traceable evidence upon request.
Key Records You Should Maintain for TSCA Section 6(h)
- Supplier Declarations
- CAS number–specific declarations for each of the five PBTs
- Identification of PBT content: Yes / No / Unknown
- Signed and dated by authorized representatives
- Bills of Materials (BOM) With Substance Screening
- BOMs reviewed for matches to EPA-listed CAS numbers
- Notations of flagged parts or justifications for clearance
- Decision Logs
- Internal notes on why a part or product is deemed compliant or out-of-scope
- Timestamped email threads, review notes, or approval workflows
- Change Management Records
- How updates to supplier data, EPA rules, or product design were handled
- Notifications sent to internal teams or external customers
- Communication Trails
- Outreach emails to suppliers, follow-ups, and reminders
- Any supplier-provided evidence or clarifications
- Export Notifications (Section 12(b))
- Required for exports of certain PBT-containing products
- Keep copies of all notifications sent to EPA
How Long Must You Keep TSCA Section 6(h) Records?
EPA recommends maintaining records for at least three years from the date of importation, manufacture, or processing.
Best practice? Align with other regulatory frameworks and keep records for 5–7 years—especially if your products remain in-market for multiple years.
Common Pitfalls in TSCA Section 6(h) Recordkeeping
- Relying on supplier verbal assurances with no written proof
- Keeping declarations without version control or timestamps
- Losing audit trails during ERP or system migrations
- Failing to update records after EPA rule revisions
- Siloing compliance from product and sourcing teams
Smart TSCA Section 6(h) Recordkeeping = Faster Audits, Lower Risk
EPA inspections can happen with little warning. The ability to quickly pull a dated, verified compliance trail is not only smart risk management—it’s a signal to regulators and customers that your company takes chemical compliance seriously.
Platforms like Acquis automate this entire process:
- Centralized declaration storage with timestamps
- Audit trail for every supplier interaction
- Smart notifications when rules or declarations change
Need help building an audit-ready TSCA 6(h) documentation system? Contact Acquis Compliance Experts to start a compliance health check.