EPA has sent to the Office of Management and Budget (OMB) a pre-publication proposed rule for implementing a formal process for prioritizing “active” existing chemicals as “low” or “high” priority for risk evaluation under the amended Toxic Substances Control Act (TSCA). According to the OMB website, the Office received EPA's draft “Procedures for Prioritization of Chemicals for Risk Evaluation Under the Toxic Substances Control Act” rule on November 7. 

OMB review typically takes 90 days, but reviews can take more or less time. EPA has indicated that it plans to propose this and other TSCA rules in the Federal Register before the end of CY2016, which provides OMB with approximately 60 days to help EPA meet its self-imposed deadline.

Additional proposed TSCA “reform” rules under development have not yet been sent to OMB. These include proposed rules to: (1) implement the risk evaluation process; (2) initiate the TSCA Inventory “reset” process; and (3) implement fees for administering notifications and confidential business information (CBI) claim reviews under the new TSCA law.