Chemical Substance Determinations

Administrator Duties As of the old TSCA rule, the agency was required to keep an inventory of each chemical substance manufactured or processed in the United States. No later than one year after the enactment date of this new legislation, the agency must require manufactures and allow processors to notify them of any chemical substance on the inventory that has been manufactured or processed for a nonexempt purpose during the ten-year period before the enactment of the Act. Upon receiving these notices, the agency must then declare the substances in question “active substances”. Substances for which a notice was not received will then be considered “inactive substances”. This will not remove these substances from the inventory. Any person that wishes to manufacture or process an inactive substance will need to notify the agency prior to doing so. The agency must maintain a confidential portion of the list of chemical substances on the inventory. Manufacturers or processors of protected chemicals must submit a notice under this rule. Those that do not submit notices will no longer be protected from disclosure, and those chemicals will be added to the publicly available non-confidential list. Any substances already on the non-confidential portion of the list will not be revised. Within one year of compiling the list of active and inactive substances, the agency must establish a plan to review all claims for disclosure on certain chemicals. All disclosure claims must be substantiated, and if approved, will last for a period of 10 years, including those for inactive substances. All reviews must be completed within five years. With adequate public justification, however, this deadline may be extended by two years. Annually, the Agency must publish a goal for completing reviews. Scientific Standards When making determinations on chemical substances, the EPA must use accurate scientific methods and procedures when relevant and reasonable. In making decisions, the weight of scientific evidence must be considered. The Agency must take into consideration all reasonably available information relating to a chemical, like hazard and exposure information. In addition, the following information must be made publicly available:

• Notices, findings, rules, etc. under this Act
• Any information required by the EPA for testing
• A summary of all risk evaluations
• A list of studies used in carrying out each risk evaluation
• Designations of chemical substances

To aid in scientific information development, the EPA must develop a Science Advisory Committee on Chemicals within one year of the enactment of the FRL Act. This committee will provide advice and consultation on the scientific and technical aspects of this Act, and will meet at least every two years. Mercury No later than April 1, 2017, and every three years thereafter, the Agency must publish an inventory of the supply, use, and trade of Mercury in the United States. As part of this process, the EPA must also identify processes that use mercury, and develop recommended actions to reduce its use in such processes. Within two years after the enactment of this rule, the EPA must promulgate a rule for reporting on the manufacture or process of mercury or mercury-based products. The EPA must coordinate with the Interstate Mercury Education and Reduction Clearinghouse in developing this rule. These regulations do not apply to waste that contains Mercury. In addition to these regulations, the export of certain Mercury compounds will now be prohibited effective January 1, 2020. No later than 90 days after the enactment of this legislation, the Agency must publish a list of prohibited Mercury compounds. Anyone can petition to add a compound to the prohibited list. This does not include export of these compounds to OECD member countries for economically sound disposal.  Judicial Review Some new provisions on judicial review have been added to the new rule. As in the old TSCA legislation, any person may file a petition for judicial review of a rule promulgated under this legislation within 60 days. Now, a person may also petition to challenge a designation of a chemical within 60 days. An additional statement has been added to give full jurisdiction over a civil action filed against the EPA in relation to this Act.