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EPA To Withdraw Proposed Extension of TSCA Title VI Compliance Date

EPA has indicated to CPA that it will be withdrawing the direct final rule that had proposed March 22, 2018 as the new TSCA Title VI compliance date.  This week, EPA posted all nine comments received related to the proposed extension of the compliance date and at least one has been interpreted by EPA to be a “significant adverse comment.”  Under the rules of the Administrative Procedure Act, EPA must therefore withdraw the rule, which then reverts the compliance date back to December 12, 2017.

EPA had simultaneously issued a proposed rule with the direct final rule, which called for the exact same extension of the compliance deadline (March 22, 2018).  CPA understands that EPA is still considering an extension of the compliance date under this proposed rule, and will be reviewing the nine comments received to make their determination.  This process will take longer, as EPA will have to meet all of the internal review requirements prior to issuing a final rule.  This likely will delay a final decision on the extension to later this summer.  See Federal Register.  More Info: Jackson Morrill

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