Is the TSCA §8(e) guidance issued by EPA binding on persons subject to this reporting requirement?
A.5. No. While the need to report substantial risk information to EPA under TSCA §8(e) is a binding requirement (pursuant to TSCA §15(3)(B)), the policies outlined in the guidance are not a binding requirement. The June 3, 2003, TSCA §8(e) Policy Statement and Guidance (68 FR 33137) sets forth Agency guidance to aid in complying with this section of TSCA, but the §8(e) guidance published or publicized by the Agency does not impose any binding requirements on the regulated community. The June 3, 2003 guidance document articulates EPA’s preferences for how and where TSCA §8(e) notices should be submitted, but it does not obligate submitters to comply with these preferences. Persons with general or specific questions on the applicability of TSCA §8(e) are welcome to contact EPA. In responding to inquiries, EPA will consider the June 3, 2003, Reporting Guidance but this guidance will not be determinative. The Agency will also consider this guidance for enforcement purposes. Q.6. If a compa
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- If unsponsored chemicals are included in a TSCA section 4 test rule, would persons subject to the rule be required to complete all of the required testing by 2004?
- Is the TSCA §8(e) guidance issued by EPA binding on persons subject to this reporting requirement?
