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EPA Releases for Public Comment Updated "Working Approach" Document for New Chemicals Reviews

For Release: December 20, 2019

The Environmental Protection Agency released for public comment an updated version of the “Working Approach to Making Determinations Under Section 5 of TSCA (Toxic Substances Control Act)” document. EPA discussed this document at a public meeting on Dec. 10. The updated document explains EPA’s approach for making one of the five affirmative determinations on new chemical notices under TSCA.

The first version of the document was released in November of 2017. Today’s version reflects feedback from a 2017 public meeting and comment period and EPA’s additional experience implementing the 2016 amendments to TSCA section 5, and includes:

  • Additional clarification and detail throughout
  • General guiding principles and concepts for making determinations
  • Decision-making logic and key questions that EPA must address; and
  • Example applications of the Working Approach to reach each of the affirmative determinations under TSCA section 5(a)(3)

EPA continues to strive for increased transparency in the New Chemicals Program and with all aspects of TSCA. EPA welcomes comment from stakeholders and the public. Upon publication in the Federal Register, the Agency will be accepting comment on this document for 45 days in docket EPA-HQ-OPPT-2019-0684 on