The Frank R. Lautenberg Chemical Safety for the 21st Century Act Implementation Activities
First Year Implementation Plan
- Review and make an affirmative determination on all pre-manufacture notices (PMNs) and significant new use notices (SNUNs) before manufacturing can commence.
Confidential Business Information
- Issued Agency interpretation of revised TSCA § 14(c)(3) as requiring that chemical manufacturers and other entities who submit information to EPA under TSCA provide support for non-exempt CBI claims at the time the information claimed as CBI is submitted to EPA
- Read the Federal Register Notice announcing EPA’s interpretation of revised TSCA requiring upfront substantiation for CBI claims
Ongoing Section 6 Rulemakings
- For chemicals with risk assessments completed prior to the date of enactment, EPA has published proposed rules consistent with the scope of those risk assessments, even if they do not cover all conditions of use.
- Learn more about TCE and view proposed rules for TCE use in spot cleaning and aerosol degreasing and in vapor degreasing
- Learn more about methylene chloride and view the proposed rule for its use in paint removers
- Learn more about n-methylpyrrolidone (NMP) and view the proposed rule for its use in paint removers
- Initial Risk Evaluations – EPA has announced the first 10 chemicals it will evaluate under the recently amended TSCA and formally initiated risk evaluation on those chemicals
- Prioritization Process Rule -- Proposed rule to establish EPA’s process and criteria for identifying high-priority and low-priority chemicals for evaluation. A chemical designated as "High-Priority" must undergo evaluation. Chemicals designated as “Low-Priority” are not required to undergo further evaluation.
- Risk Evaluation Process Rule -- Proposed rule to establish EPA’s process for evaluating the risks of high-priority chemicals. EPA identifies steps in the risk evaluation process, including publishing the scope of the assessment, assessing hazard and exposures, and characterizing and determining risks. This rule also outlines how the Agency intends to seek public input on specific chemical evaluations.
- Inventory Rule – Proposed a rule to require manufacturers to notify EPA of chemicals manufactured and processed in the past 10 years. Information from manufacturers on which chemicals are still being manufactured and processed will help set priorities for risk evaluations.
- Fees Rule -- will soon propose a rule to collect fees from certain chemical manufacturers, importers and processors, as authorized under the recent amendments to TSCA. This fee collection authority will defray a portion of the costs for EPA to carry out its new responsibilities under TSCA.
- Science Advisory Committee on Chemicals (SACC) -- EPA must establish a committee to provide independent advice and expert consultation with respect to the scientific and technical aspects of issues related to implementation of the statute.
- Additions to Mercury Export Ban
Reporting and Recordkeeping
- Negotiated Rulemaking on Chemical Data Reporting Requirements for Inorganic Byproducts – EPA is establishing a Negotiated Rulemaking Committee under section 8(a)(6) of TSCA to develop a proposed rule for limiting chemical data reporting requirements for manufacturers of any inorganic byproducts, when such byproducts are subsequently recycled, reused, or reprocessed.
- Read the Federal Register Notice requesting public comment on procedures for establishing the committee, potential stakeholder sectors that should be involved, and issues the committee should address.
- Standards for Small Manufacturers and Processors for Reporting and Recordkeeping
- Read the Federal Register notice requesting public comment on the standards for small manufacturers and processors used in connection with reporting regulations under TSCA section 8(a).
Report to Congress
- EPA reported to Congress on its capacity, and the resources needed, to conduct risk evaluations and to issue rules to address unreasonable risks. The Agency also reported on capacity to conduct industry-requested risk evaluations, the likely demand for such requests, and the anticipated schedule for accommodating the demand.