EPA's Policy Regarding Notices Declared Incomplete Due to Chemical Identity/Nomenclature Errors
In its promulgation of the PMN rule amendments in 1995, EPA discussed its approach to dealing with chemical nomenclature issues in PMN submissions, and stated its intention to return notices declared incomplete by EPA as provided in 40 CFR Section 720.65(c)(1) due to failure to meet the nomenclature requirements found at 40 CFR Section 720.45(a). In reviewing statistics gathered since the PMN rule amendments were published, the Agency found that 30% of all Section 5 notices submitted to EPA were declared incomplete due to chemical identity/nomenclature errors.
This information was conveyed by EPA officials to PMN submitters for the last two years at CMA/SOCMA meetings and through newsletters, and more recently, in letters to submitters who made these type of errors in their submissions.
Since the rate remained unchanged, EPA decided the situation was unacceptable; therefore, it implemented a policy of rejecting all notices that contain chemical identity/nomenclature errors and returning them to submitters for resubmittal. The Agency will no longer help submitters complete their notices except in cases where the procedures outlined in the PMN rule amendments have been followed. We recommend that submitters consider how to avoid such errors in the future so as not to suffer delays in subsequent submissions.
In recognizing that some companies would need some help as they adapted to this change, training seminars were conducted by Agency chemists in two locations, Newark, N.J. and Washington, D.C., to help companies improve their ability to submit notices which satisfy chemical identity/nomenclature requirements. A third such seminar is being considered for March/April 1998 in the Washington/Baltimore area.
Material presented at these seminars can be found below. It does not yet include the chemical structures the chemists used as graphic examples for helping submitters when filling out certain PMN pages; however, handouts used in these sessions, including these graphics, can be obtained from the TSCA Hotline at 202-554-1404.
In cases where problems arise that have policy implications, please contact Anna Coutlakis at 202-564-9207.
Guidance for Avoiding Incomplete PMNs