EPA Issues Draft Q&A Document for TSCA New Chemicals Notification

Date: Feb 05, 2004

EPA has issued for comment a draft guidance document entitled, "Questions and Answers for the New Chemicals Program." See 69 Fed. Reg. 2352 (Jan. 15, 2004). This Q&A document is intended to explain and clarify EPA's premanufacture notification (PMN) regulations for new chemical substances under section 5 of TSCA. The Q&A document addresses PMN submission policies and procedures, nomenclature issues, data requirements, notification of polymers, import issues, and Significant New Use Rules (SNURs). This document also provides guidance on exclusions and exemptions from the PMN reporting requirements, including the "(h)(7)" exclusion and the polymer exemption.

Keller & Heckman is currently conducting a comprehensive review of this guidance document. If you have questions or would like to discuss the policies addressed in this Q&A document, or if you have recommendations for comments that should be submitted to EPA, please contact Tom Berger at (202) 434-4285 or berger@khlaw.com. We can also provide assistance in submitting comments on your behalf, if desired. Comments must be submitted to EPA on or before March 15, 2004.