By Lynn L. Bergeson and Carla N. Hutton
 
On November 21, 2022, the U.S. Environmental Protection Agency (EPA) announced that it has improved public access to certain reports submitted by chemical companies in ChemView, EPA’s web application for public access to non-confidential business information (non-CBI) on chemicals regulated under the Toxic Substances Control Act (TSCA), including new chemical notices and notices of substantial risk. EPA has published previously unpublished new chemical notices received under TSCA Section 5 and notices of substantial risk provided by companies under TSCA Section 8(e). EPA states that going forward, it will continue to identify older, previously submitted unpublished information to make available in ChemView and will publish newly received TSCA Section 5 notices and TSCA Section 8(e) reports on a “near real-time basis.” EPA has also published in ChemView chemical health and safety studies received under TSCA Section 8(d).
 
New Chemical Submissions
 
TSCA Section 5 requires EPA to publish a list of new chemical submissions it has received, including premanufacture notices (PMN), significant new use notices (SNUN), microbial commercial activity notices (MCAN), test market exemption (TME) applications, notices of commencement of manufacture or import (NOC), and test information submitted under Section 5. According to EPA, in 2022 it made available in ChemView more than 25,000 new chemical notice records received under TSCA Section 5, including notices received between 2014 and 2019 that had not been published previously. In 2019, EPA began publishing non-CBI notices on an ongoing basis, and “new records are now generally published within five days of receipt.” EPA states that it will also continue to identify and make public older, previously unpublished new chemicals notices.
 
Notices of Substantial Risk
 
TSCA Section 8(e) requires chemical companies to inform EPA of information that reasonably supports the conclusion that a chemical may present a substantial risk of injury to health or the environment. EPA uses these notices to inform new and existing chemical risk assessment activities. According to EPA, in 2022 it has published 3,900 notices of substantial risk records received under TSCA Section 8(e) in ChemView, including more than 3,300 non-CBI notices submitted between January 1, 2019, and December 20, 2021, that were not previously published due to resource limitations. EPA states that over the next several months, it will publish all non-CBI versions of Section 8(e) notices received from December 20, 2021, to the present. Going forward, “EPA will strive to publish 8(e) notices deemed complete within a week of receiving them from companies.” Additionally, EPA will work to identify and publish Section 8(e) notices received before 2019 as resources allow.
 
Health and Safety Data Reporting
 
Regulations promulgated under TSCA Section 8(d) require chemical companies to submit lists and copies of health and safety studies relating to the health and/or environmental effects of specified chemical substances and mixtures. According to EPA, in 2022 it published more than 1,700 health and safety study records received since September 2021 under TSCA Section 8(d) in ChemView. EPA notes that many of these records were in response to EPA’s 2021 Section 8(d) rulemaking, Health and Safety Data Reporting; Addition of 20 High-Priority Substances and 30 Organohalogen Flame Retardants. EPA states that it expects to publish additional Section 8(d) records “in the future.”

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Monday, September 12, 2016
8:00 a.m. Pacific Daylight Time/11:00 a.m. Eastern Daylight Time/16:00 British Summer Time

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Three months have passed since Toxic Substances Control Act (TSCA) reform was enacted and now implementation trends are starting to take shape. Rather than waiting to see what TSCA reform's impact on your business might be, take control of your approach to "new" TSCA with the information and insight shared in the "The New TSCA: What You Need To Know" webinar series presented by Chemical Watch and Bergeson & Campbell, P.C. (B&C^®).

Webinar 3, "Inventory, CDR, and CBI" will cover:

• Section 8 Reporting and Retention of Information:
   
  • Small Manufacturer Definition;
     
  • Reporting by Processors;
     
  • Byproduct Rulemaking and Reporting;
     
  • TSCA Inventory; and
     
  • Nomenclature.
     
• Section 14 Confidential Business Information (CBI):
   
  • Information Not Protected;
     
  • Asserting CBI;
     
  • Presumptive CBI;
     
  • Requirements for CBI Claims;
     
  • Exemptions to Protection from Disclosure;
     
  • Review and Resubstantiation;
     
  • Duties of Administrator; and
     
  • Criminal Penalties.

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On September 12, 2016, Lynn L. Bergeson, Managing Partner of Biobased and Renewable Products Advocacy Group (BRAG^®) affiliate Bergeson & Campbell, P.C. (B&C^®); Richard E. Engler, Ph.D., B&C Senior Chemist; and Kathleen M. Roberts, Vice President of B&C Consortia Management, L.L.C. (BCCM), will present "The New TSCA: Information and Reporting (Sections 8 & 14)" in conjunction with Chemical Watch. This free webinar is the third in Chemical Watch's Toxic Substances Control Act (TSCA) reform series, and will focus on reporting and recordkeeping obligations, confidential business information (CBI) considerations, nomenclature, the "reset" of the TSCA inventory, and obligations for processors. The first two webinars in this series, "Summary of major changes: what to expect and when to expect it" and "Impacts on new and existing chemicals programs" are available on the Chemical Watch website.

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