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From: DCHAS Membership Chair <membership**At_Symbol_Here**DCHAS.ORG>
Subject: [DCHAS-L] EPA Update Regarding Court Decision on TSCA Active/Inactive Inventory Rule
Date: Thu, 23 May 2019 08:17:40 -0400
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Message-ID: 0B7944D9-2C99-4FA8-8B1F-9985C9D034D0**At_Symbol_Here**dchas.org
Update Regarding Court Decision on TSCA Active/Inactive Inventory Rule
On April 26, 2019, the U.S. Court of Appeals for the District of Columbia Circuit ordered a limited remand without vacatur of the TSCA Inventory Notification (Active-Inactive) Requirements rule at https://www.epa.gov/tsca-inventory/tsca-inventory-notification-active-inactive-rule
for EPA to address an issue pertaining to how companies are to substantiate claims that a chemical substance's specific chemical identity is protected from disclosure as confidential business information. Specifically, the Court ordered EPA to address substantiation questions regarding reverse engineering applicable to persons claiming a specific chemical identity as CBI. A copy of the court's decision is available here:
https://www.cadc.uscourts.gov/internet/opinions.NSF/B04212ED635AC0D5852583E8004DC4C1/%24file/17-1201-1784800.pdf
Manufacturers and processors subject to the rule are advised that no part of the rule has been vacated and that all requirements of the rule remain in effect. Any proposed or final changes to the rule in response to the remand will be announced in the Federal Register.
As part of the Agency's response to the remand, EPA may seek to supplement its April 2019 proposed rule
establishing a plan to review CBI claims for chemical identity asserted in NOA Form As. EPA intends to provide public notice in the Federal Register and an opportunity for public comment on any future action supplementing that proposed rule. However, persons interested in the April 2019 proposed rule should still submit any comments they may have on the original proposal by the June 24, 2019 comment deadline in docket EPA-HQ-OPPT-2018-0320 on
www.regulations.gov.
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