RE: Notification of Consultation and Coordination on three rulemakings required by the Toxic Substances Control Act (TSCA), as recently amended: (1) Procedures for Prioritization of Chemicals for Risk Evaluation (2) Procedures for Chemical Risk Evaluation and (3)TSCAInventory Active-Inactive Reporting Rule
Dear Honorable Leader:
The U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) is initiating a consultation and coordination with federally-recognized Indian tribes on three Toxic Substances Control Act (TSCA) proposed actions:
1) A proposed procedural rule required under section 6 regarding EPA’s process for prioritizing chemicals as either a High- or Low-Priority for further evaluation;
2) A proposed procedural rulerequired under section 6 regarding EPA’s process for conducting
Risk Evaluationson priority chemicals; and,
3) A proposed reporting rule required under TSCA section 8 requiring a one-time notification to EPA by manufacturers (including importers) if they have manufacturedor imported a substance in the past 10 years, that will enable EPA to label “active” and “inactive” chemical subsets of the TSCA Inventory.
The consultation and coordination process will be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes( OPPT invites you and/or your designated consultation representative(s) to participate in this process. OPPT’s anticipated timeline for the consultation and coordination period is expected to extend from the date the proposed rules are published in the Federal Register (anticipated Jan 3-13, 2017) to the end of the comment period- 60 days after rule publication. During this period,OPPTwill conduct two Tribal Consultations, preceded by a Technical BackgroundWebinar in preparation for the consultation call sessions.To participate,OPPT invites you and/or your designee to join us during the Webinar and one or both of the following consultation call sessions:
Wednesday, February 15, 2017, Technical Background Webinar from 12:00-2:00 pm (EDT)
Call-in Number: 1-866-299-3188 Conference Code: 202-564-8826
Wednesday, February 22, 2017, Tribal Consultation 1 from 1:00-4:00 pm (EDT)
Call-in Number: 1-866-900-8984 Conference ID number: 30653848
Thursday, February 23, 2017, Tribal Consultation 2 from 1:00-4:00 pm (EDT)
Call-in Number: 1-866-900-8984 Conference ID number: 30667674
You will hear music after dialing-in, and then the operator will place you into the conference call. If you are unavailable for these consultation calls and have comments, including written comments, on any of these actions, please send them to Irina Myers at or by U.S. postal service at:
Irina Myers
U.S. Environmental Protection Agency
Office of Pollution Prevention and Toxics - MC 7408M
1200 Pennsylvania Ave, NW
Washington, DC 20460
Enclosed are background materials for these actions for your review. This information will also be made available on EPA's Tribal Consultation web page (
We look forward to your participation in this consultation and coordination process and hope that you or your designee can join us on one of these calls. If you have any other questions or we may be of additional assistance in the interim, please contact Irina Myers, on my staff, at or 202-564-8822.
Sincerely,
Jeffery Morris
Director
Office of Pollution Prevention and Toxics
cc:National Tribal Toxics Council
National Tribal Caucus
Oscar Morales, Associate Assistant Administrator, OCSPP
JoAnn Chase, Director, American Indian Environmental Office, OITA
Pam Myrick, Acting Director, Environmental Assistance Division
Tala Henry, Director, Risk Assessment Division
Enclosures