U.S. New Chemical Notification Alert: Imminent Changes in Public Availability of Your Section 5 TSCA Submissions

3 June, 2019

What’s Happening?

Starting May 30, 2019, EPA will begin publishing TSCA Section 5 (PMN, MCAN and SNUN) new chemical notices, their attachments, including any health and safety studies, any modifications thereto, an all other associated information in ChemViewin the form they are received by EPA.  EPA will not be reviewing CBI-sanitized filings before publishing. TSCA section 14(c)(1)(A) requires that all CBI claims be made at the time of submission. Submitters are solely responsible for properly redacting or CBI-sanitizing these notices, as appropriate, in accordance with EPA regulations at 40 CFR 720.80. 

How Could it Impact Me?

Before submitting your TSCA section 5 notices:

  • Verify the asserted CBI claims are correct and consistent throughout the document and ensure the CBI substantiation document is complete.
  • Verify the sanitized versions of the form, attachments, and file names are checked for proper and consistent CBI redactions and that watermarks or stamps indicating CBI are removed from the non-CBI versions of the documents.
  • Verify that all CBI claims in section 5 submissions are consistent with the requirements of TSCA section 14 and 40 CFR 720, Subpart E, as TSCA section 14 provides limits on CBI claims for health and safety data and studies submitted in section 5 filings.

Contact Us

knoell USA, LLC will continue to follow TSCA developments and can provide your company with periodic TSCA updates to assist you in addressing future regulatory requirements.  knoell USA can also provide representatives of your company with a free consultation to talk through the ongoing issues and how they could affect your business.

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