Negotiated Rulemaking Committee: Chemical Data Reporting Requirements for Inorganic Byproducts
EPA established a negotiated rulemaking committee (Committee) under the Federal Advisory Committee Act (FACA). The objective of the Committee was to negotiate a proposed rule providing for limiting chemical data reporting requirements under subsection 8(a) of the Toxic Substances Control Act (TSCA), for manufacturers of any inorganic byproducts, when such byproducts are subsequently recycled, reused, or reprocessed.
In October 2017, the Committee determined that it was not able to reach consensus on regulatory approaches and concluded its negotiations.
After the Committee concluded its discussions, EPA provided an opportunity for the public to offer input on where there is opportunity to reduce burden for the reporting of inorganic byproducts while maintaining the Agency’s ability to receive the information it needs to understand exposure. This comment period was closed after 60 days on December 11, 2017. Comments can be viewed in the docket EPA-HQ-OPPT-2016-0597 on www.regulations.gov.
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About the Committee
EPA established a Negotiated Rulemaking Committee (Committee) consisting of individuals representing organizations, all of whom were identified as having a definable stake in the outcome of the proposed requirements
The Committee consisted of over 30 members representing interest areas that could be significantly impacted by the outcome of the negotiated rulemaking process. Members of the Committee were appointed by the EPA Administrator to serve for the duration of the negotiated rulemaking effort. EPA issued a request for nominations in a December 15, 2016, Federal Register Notice. The Committee was established on June 5, 2017.
Meetings and Public Notices
EPA sought public input during this process. Committee meetings were open to the public so that interested parties could observe the meetings and communicate their views. Meetings were announced in the Federal Register and on this website, and formal meeting materials and summaries are available on this website and in the docket for the Committee (docket EPA-HQ-OPPT-2016-0597).
- Negotiating Committee Meetings.
- October 25 and 26, 2017 – Cancelled because the Committee determined that it was not able to reach consensus on regulatory approaches and concluded its discussions.
Past Meetings
- Negotiating Committee Meetings.
- September 13 and 14, 2017 – The third meeting of the Negotiating Committee was held on September 13 from 9 am to 5 pm EST and September 14 from 9 am to 3 pm EST.
- August 16 and 17, 2017 – The second meeting of the Negotiating Committee was held on August 16 from 9 am to 5 pm EST and August 17 from 9 am to 3 pm EST.
- Read the Federal Register notice announcing this meeting.
- View the meeting agenda and presentations.
- Additional materials are in docket EPA-HQ-OPPT-2016-0597.
- June 8 and 9, 2017 – First meeting of the Negotiating Committee.
EPA held a public meeting with Committee members to begin the process of negotiated rulemaking- Read the Federal Register notice announcing this meeting.
- View the meeting agenda and presentations.
- Additional materials are in docket EPA-HQ-OPPT-2016-0597.
- May 9 and 10, 2017 – Public Meeting to Exchange Information and Organize the Committee
EPA held a public meeting with potential committee members and the public for the purpose of information exchange and to discuss the process of negotiated rulemaking.