[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Notices]
[Pages 99-100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28325]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2019-0684; FRL-10003-20]


Updated Working Approach To Making New Chemical Determinations 
Under the Toxic Substances Control Act (TSCA); Notice of Availability 
and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of and soliciting public 
comment on a document entitled: ``TSCA New Chemical Determinations: A 
Working Approach for Making Determinations under TSCA Section 5'' (the 
``Working Approach''). This document builds upon EPA's November 2017 
document entitled: ``New Chemicals Decision-Making Framework: Working 
Approach to Making Determinations under section 5 of TSCA''. Feedback 
received will help inform the Agency's ongoing efforts to improve 
policy and processes relating to the review of new chemicals under 
TSCA.

DATES: Comments must be received on or before February 18, 2020.

[[Page 100]]


ADDRESSES: Submit your comments, identified by docket identification ID 
number EPA-HQ-OPPT-2019-0684, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Ryan Schmit, Office of Pollution 
Prevention and Toxics (7101M), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 564-0610; email address: schmit.ryan@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of 
interest to entities that currently or may manufacture (including 
import) a chemical substance regulated under TSCA (e.g., entities 
identified under North American Industrial Classification System 
(NAICS) codes 325 and 324110). The action may also be of interest to 
chemical processors, distributors in commerce, and users; non-
governmental organizations in the environmental and public health 
sectors; state and local government agencies; and members of the 
public. The Agency has not attempted to describe all the specific 
entities and corresponding NAICS codes for entities that may be 
interested in or affected by this action.

B. What action is the Agency taking?

    EPA is announcing the availability of and seeking public comment on 
the revised document entitled ``TSCA New Chemical Determinations: A 
Working Approach for Making Determinations under TSCA Section 5'' (the 
``Working Approach'').

C. Why is the Agency taking this action?

    EPA expects the updated document will provide further clarity and 
detail on EPA's approaches and practices related to the review of new 
chemicals under TSCA, including: (1) EPA's general guiding principles 
and concepts for making determinations on new chemical notices 
submitted to EPA under TSCA section 5; (2) the decision-making logic 
and the key questions that EPA must address; and (3) a discussion of 
how EPA might apply the working approach to reach one of the five new 
chemical determinations in TSCA section 5(a)(3).

D. What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit this information to EPA through regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI in a disk or CD-ROM that you mail to EPA, mark the outside 
of the disk or CD-ROM as CBI and then identify electronically within 
the disk or CD-ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

    EPA released an initial version of the Working Approach document 
for public comment in November 2017, and subsequently held a public 
meeting on implementing the new chemicals program under amended TSCA on 
December 14, 2017 (82 FR 51415, November 6, 2017) (FRL-9970-34). After 
consideration of comments received on the 2017 version and based on 
additional implementation experience, EPA updated the Working Approach. 
On December 10, 2019 (84 FR 64063, November 20, 2019) (FRL-10002-09), 
EPA held a public meeting to preview the document and to provide an 
update on other aspects of EPA's implementation of the new chemicals 
program under TSCA. EPA is now announcing the availability of the 
updated Working Approach for public review and comment.
    Additional information on the TSCA amendments can be found at 
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: December 20, 2019.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2019-28325 Filed 12-31-19; 8:45 am]
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