EPA to Start Publishing TSCA Section 5 Notices Without Their Review
The U.S. Environmental Protection Agency (EPA) recently announced that it will start publishing Toxic Substances Control Act (TSCA) Section 5 notices without the Agency’s own review. This represents a significant development and a prominent change for any individual or entity that submits such notices, and it necessitates an additional level of ongoing care that must be taken on their part.
Beginning on May 30, 2019, the EPA is set to initiate publishing a variety of Section 5 notices in the original format in which the Agency received them. Among the applicable notice types are:
- microbial commercial activity notices (MCANs)
- premanufacture notices (PMNs)
- significant new use notices (SNUNs)
- their associated attachments
In particular, the EPA has stated that it will no longer be reviewing submissions sanitized for confidential business information (CBI). While submitters have always been expected to check their own submissions, this action places a significantly increased level of responsibility on them to ensure that business information intended to be confidential remains as such.
Recommendations from the EPA
Because the EPA will not be checking the information prior to its publication, the Agency is offering several recommendations for those submitting TSCA Section 5 notices.
These recommendations are intended to help protect submitters against having any sensitive information inadvertently made public. Prior to submitting any such notices, any and all CBI-related claims made should be examined thoroughly for accuracy and consistency. In addition, submitters should ensure that the sanitized forms, and any of their associated attachments, are inspected carefully for appropriate CBI redactions.
Staying Up to Date
Designed to protect human health and the environment by requiring necessary testing and restrictions on certain chemical substances, TSCA represents one of the most significant pieces of chemical regulatory legislation in this country’s history.
To stay up to date on the EPA’s recent efforts regarding TSCA, including TSCA Section 5 notices, visit the Environmental Protection Agency website. Also, be sure to visit the ToxPlanet website and blog regularly for information on new developments, and to register for a Free Trial of our valuable information solutions.