G/TBT/N/USA/2005  
30 May 2023  
(23-3642) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [2036]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Toxic 
chemical substances; Environmental protection (ICS code(s): 13.020); Production in the 
chemical industry (IC S code(s): 71.020); Products of the chemical industry (ICS code(s): 
71.100)  
5. Title, number of pages and language(s) of the notified document:  Updates to New 
Chemicals Regulations Under the Toxic Substances Control Act (TSCA); (26 page(s), in 
English)  
6. Description of content:  Proposed rule - The United States Environmental Protection 
Agency (EPA) is proposing amendments to the new chemicals procedural regulations 
under the Toxic Substances Control Act (TSCA) . These amendments are intended to align 
the regulatory text with the amendments to TSCA's new chemicals review  provisions 
contained in the Frank R. Lautenberg Chemical Safety for the 21st Century Act, enacted 
on 22 June 2016, improve the efficiency of EPA's review processes, and update the 
regulations based on existing policies and experience implementing the New Chemicals 
Program. The proposal includes amendments that would reduce the need to redo all or 
part of the risk assessment by improving information initially submitted in new chemicals 
notices, which should also help reduce the length of time that new chemi cals notices are 
under review. EPA is also proposing several amendments to the regulations for low 
volume exemptions (LVEs) and low release and exposure exemptions (LoREXs), which 
include requiring EPA approval of an exemption notice prior to commencement of 
manufacture, making per - and polyfluoroalkyl substances (PFAS) categorically ineligible 
for these exemptions, and providing that certain persistent, bioaccumulative, toxic (PBT) 
chemical substances are ineligible for these exemptions, consistent with EP A's 1999 PBT 
policy.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment; Cost saving and productivity enhancement  G/TBT/N/USA/2005  
 
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  8. Relevant documents:   
88 Federal Register (FR) 34100, 26 May 2023; Title 40 Code of Federal Regulations (CFR) 
Parts 720, 721, 723, and 725:  
https://www.govinfo.gov/content/pkg/FR -2023-05-26/html/2023 -10735.htm  
https://www.govinfo.gov/content/pkg/FR -2023-05-26/pdf/2023 -10735.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OPPT-2022-0902. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OPPT-2022-0902/document  and provides access to primary documents as well as 
comments received. Documents are also accessible from Regulations.gov  by searching 
the Docket Number. WTO Members and their stakeholders are a sked to submit comments 
to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 25 July 2023. Comments 
received by th e USA TBT Enquiry Point from WTO Members and their stakeholders will be 
shared with the regulator and will also be submitted to the Docket  on Regulations.gov if 
received with in the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  25 July 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_09852_00_e.pdf