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FY 2013 update: priority focus on FY95-00 TSCA section 8(e) filings

On June 18, 2013, EPA announced that it was encouraging industry participants to focus their declassification efforts in FY 2013 on TSCA section 8(e) submissions filed with the Agency between FY1995-2000. Instructions on how to declassify these materials can be found on this page.

In instances where companies fail to review and declassify the priority documents, EPA will initiate reviews and administrative actions consistent with TSCA and its implementing regulations.

As was done in FY 2012, to facilitate industry reviews and declassification, EPA is providing assistance in accessing copies of non-confidential versions of filings identified as a priority.

The priority reviews consist of more than 600 notices of substantial risk submitted to EPA under TSCA section 8(e) in which the chemical name and other health and safety data have been claimed as CBI. EPA is requesting that industry review filings submitted to the Agency between October 1994 and September 2000, and declassify those that are not legally appropriate or no longer necessary.

The Agency is posting non-CBI versions of the priority documents in the Chemical Data Access Tool (CDAT).

For companies participating in the CBI Voluntary Challenge and who have submitted written requests, EPA has made available an index of documents identified by document control number. Please enter the document numbers in the CDAT search box to find and review your redacted CBI documents.

For companies who have not yet participated in the CBI Voluntary Declassification Program, to get a  company-specific list of covered materials, please contact Jeff Santacroce at 202-564-2818 or TSCA-DECLASS@epa.gov 

EPA will be reviewing all priority documents irrespective of whether the document was submitted by a participant in the CBI Voluntary Challenge or not.

How to declassify unneeded CBI claims

Information owners should follow the procedures described below for giving notice to the Agency on declassifying TSCA CBI materials:

1. Review indices of documents that have been sent by EPA and any individual filings designated as a priority for this effort.
2. Determine whether CBI claims within filings are consistent with law and necessary to protect interests of the information owner.
3. Prepare a new document with “declassified” information (i.e. chemical name, health and safety data, etc) included.
4. Send “declassified documents” to the appropriate address listed below.
5. Responses are expected to include declassifications and the results of reviews. 
6. Continue to review and declassify other materials directed to the Agency under the authority of TSCA.

Process for TSCA health and safety filings

A request to declassify information should contain a cover letter with the reference in the subject line: “Declassification Activity-health and safety filing” and Agency provided document control number.

In order to match a declassification letter with the submission it pertains to, EPA needs to be able to identity that submission with specificity. Please, therefore, provide any identifying numbers already associated with the submission, such as EPA document control number (DCN) and 8(e) number.

Packages may be sent using the following methods to these addresses:

U.S. Mail

Attention: TSCA Declassification Coordinator
U.S. EPA
Office of Pollution Prevention and Toxics
Document Control Office (7407M)
1200 Pennsylvania Ave., NW
Washington, DC 20460

Courier

Attention: TSCA Declassification Coordinator
U.S. EPA
Office of Pollution Prevention and Toxics
Confidential Business Information Center (CBIC)
EPA East Building, Room 6428
1201 Constitution Ave.
Washington, DC 20004-3302.

Fax

Attention: TSCA Declassification Coordinator, 202- 564-8955

Process for TSCA Inventory Submissions, including original inventory submissions and TSCA section 5 (notices of commencement)

Package should contain:

• Cover letter, with the reference in the subject line: “Declassification Activity-CBI Inventory declassification.”
• The entity should identify the chemical or chemicals presently listed on the confidential portion of the TSCA Master Inventory List to be declassified and moved from the confidential to the public portion of the TSCA Inventory. Entities, including those that manufacture, import, process, distribute or otherwise engage in commercial activities involving the substance, may seek to have the substance moved from the confidential to the public portion of the TSCA Master Inventory List.

The entity should provide any information available describing the commercial activities with the substance and any information they have that indicates the substance is known to be in U.S. commerce. For example:

• Copies of original Inventory submissions
• TSCA section 5 materials (pre-manufacture notices)
• TSCA section 8(a) materials (Inventory Update Rule/Chemical Data Reporting Rule notices),
• Or even websites with substances identified are proof of commercial activities and may be proof that the substance is known to be in U.S. commerce.

Packages may be sent using the following methods to these addresses:

U.S. Mail
U.S. EPA
Office of Pollution Prevention and Toxics
Document Control Office (7407M)
1200 Pennsylvania Ave., NW
Washington, DC 20460
Attention: Industrial Chemistry Branch

Courier
U.S. EPA
Office of Pollution Prevention and Toxics
Confidential Business Information Center (CBIC)
EPA East Building, Room 6428
1201 Constitution Ave.
Washington, DC 20004-3302.
Attention: Industrial Chemistry Branch

Fax
Attention: Industrial Chemistry Branch: 202- 564-8955

For further information on declassification efforts contact Scott Sherlock at 202-564-8257 or at sherlock.scott@epa.gov or contact Jessica Barkas at 202-250-8880 or barkas.jessica@epa.gov.