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November 16, 2016

EPA To Hold Public Meeting on Changes to New Chemicals Review Program

Lynn L. Bergeson

The U.S. Environmental Protection Agency (EPA) has just announced that its Office of Pollution Prevention and Toxics (OPPT) is holding a meeting on December 14, 2016, from 9:00 a.m. to 12:00 p.m. (EST) to update the public on changes to the New Chemicals Review Program under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act.  EPA states that it will “describe its review process for new chemicals under the amended statute, as well as discuss issues, challenges, and opportunities that the Agency has identified in the first few months of implementation.”  During the meeting, interested parties will have the opportunity to provide input on their experiences with the New Chemicals Review Program, including submittal of pre-manufacture notices (PMN), microbial commercial activities notices (MCAN), and significant new use notices (SNUN), under TSCA Section 5.  EPA states that information obtained during this meeting and from submitted written comments will be considered as it works to implement the new requirements and increase efficiency in its review process under TSCA. 

There has been considerable concern with the impact of new TSCA on EPA’s New Chemicals Program.  EPA is to be recognized for seeking stakeholder input, and interested parties should come to the meeting with thoughtful questions and clear expectations as to what stakeholders can reasonably achieve from the meeting.  This could be the first of several such meetings to help interested parties understand the processes OPPT is developing in response to new TSCA, add greater transparency to those processes, and to assist EPA as appropriate with implementing the new law.

In-person and webinar registration is available now.  EPA is requesting that interested parties register by December 13, 2016.  Written comments will be accepted via www.regulations.gov under Docket EPA-HQ-OPPT-2016-0658.  More information on new chemicals review under amended TSCA is available in our memorandum TSCA Reform:  An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA.