FLUKE
Kimball Electronics
Tolomatic
Industrial Scientific
AHEAD
roboception
FLUKE
Kimball Electronics
Tolomatic
Industrial Scientific
AHEAD
roboception
By Hitesh Ram | Mon Jun 16 2025 | 2 min read

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.

Topics

TSCA

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TSCA Section 6(h) Recordkeeping: What to Keep and For How Long

TSCA Section 6(h) regulates five Persistent, Bioaccumulative, and Toxic (PBT) substances: PIP (3:1), DecaBDE, 2,4,6‑TTBP, HCBD, and PCTP. Compliance obligations including recordkeeping apply to any companies manufacturing, processing, or distributing these chemicals or articles containing them
EPA mandates businesses retain records related to PBT compliance for at least five years (up from three years under earlier rules), including documentation of restrictions and phase-out adherence.
Companies must preserve: Documentation of sourcing, manufacturing, distribution and processing - Certifications, testing results, and compliance proof - Downstream notifications (e.g. SDS or label language) - Exposure and release mitigation practices - Any use of exemptions or de minimis concentrations
The updated EPA rule removed the previous 30-day access requirement. Records must be retained for at least five years, and made available on demand within a reasonable time—but not subject to strict countdown triggers.
The October 2024 final rule expanded PIP (3:1) and DecaBDE restrictions including lower thresholds, broader phase-in prohibitions, expanded worker protection standards, and extended five-year record retention
Key compliance deadlines include: January 21, 2025 — effective date of the updated PIP and DecaBDE rule - October 31, 2024 — phase-out begins for PIP (3:1) articles not otherwise excluded Penalties may apply if prohibited substances exceed 0.1% by weight and no exclusion applies.
Even suppliers not manufacturing the substance but distributing articles must retain compliance documentation especially if they rely on exemptions or claim PBT presence below thresholds. These records support audits or downstream inquiries.