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EPA/OCSPP RIN: 2070-AK21 Publication ID: Fall 2019 
Title: Procedures for Review of CBI Claims for the Identity of Chemicals on the TSCA Inventory 

EPA intends to take final action on a proposed rule issued in April 2019 that proposed to establish a plan for the Agency to review all confidential business information (CBI) claims for specific chemical identity asserted in a Notice of Activity (NOA) Form A, along with proposed procedures for entities substantiating the claims and for EPA reviewing the claims. This rulemaking implements TSCA section 8(b)(4)(C), which requires EPA to issue a final rule within 1 year of EPA's compiling of a list of active substances on the TSCA Inventory pursuant to revised TSCA section 8(b)(4)(A). In a subsequent supplemental proposed rule, EPA proposed to revise the April 2019 proposed rule to address a federal circuit court decision related to the final rule issued in August 2017 because the April 2019 proposed rule proposed to incorporate the CBI substantiation questions that were promulgated in the August 2017 final rule. Specifically, EPA proposed two additional questions that manufacturers and processors would be required to answer to substantiate certain CBI claims for specific chemical identities; and is proposing procedures for manufacturers and processors to use in amending certain previously-submitted substantiations to include responses to the additional questions. After considering public comments, EPA will take final action to implement TSCA section 8(b)(4)(A).

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 10   
Legal Authority: 15 U.S.C. 2607, Toxic Substances Control Act   
Legal Deadline:
Action Source Description Date
Final  Statutory  TSCA section 8(b)(4)(C) requires EPA to promulgate a final rule within 1 year of initial list of active substances on the TSCA Inventory.  02/19/2020 
Action Date FR Cite
NPRM  04/23/2019  84 FR 16826   
NPRM Comment Period End  06/24/2019 
Supplemental NPRM  11/08/2019  84 FR 60363   
Supplemental NPRM Comment Period End  12/09/2019 
Final Rule  02/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
Sectors Affected: 325 Chemical Manufacturing 
RIN Data Printed in the FR: No 
Agency Contact:
Scott Sherlock
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7408M,
Washington, DC 20460
Phone:202 564-8257
Fax:202 564-8251