---
kind: "section"
citation: "40 C.F.R. § 702.9"
title: "40"
number: "702.9"
heading: "Screening review and proposed priority designation."
url: "https://uscodex.org/cfr/40/702.9"
---

# §702.9. Screening review and proposed priority designation.

- (a) **Screening review.** Following the close of the comment period described in [§ 702.7(d)](/cfr/40/702.7.md?p=d), including any extension pursuant to [paragraph (e)](/cfr/40/702.7.md) of that section, EPA will generally use reasonably available information to screen the candidate chemical substance against the following criteria and considerations:
  - (1) The chemical substance's hazard and exposure potential;
  - (2) The chemical substance's persistence and bioaccumulation;
  - (3) Potentially exposed or susceptible subpopulations;
  - (4) Storage of the chemical substance near significant sources of drinking water;
  - (5) The chemical substance's conditions of use or significant changes in conditions of use;
  - (6) The chemical substance's production volume or significant changes in production volume; and
  - (7) Other risk-based criteria that EPA determines to be relevant to the designation of the chemical substance's priority.
- (b) **Information sources.** In conducting the screening review in [paragraph (a)](#a) of this section, EPA expects to consider sources of information relevant to the listed criteria and consistent with the scientific standards provision in [15 U.S.C. 2625(h)](/usc/15/2625.md?p=h), including, as appropriate, sources for hazard and exposure data listed in Appendices A and B of the TSCA Work Plan Chemicals: Methods Document (February 2012).
- (c) **Proposed designation.** Based on the results of the screening review in [paragraph (a)](#a) of this section, relevant information received from the public as described in [§ 702.7(d)](/cfr/40/702.7.md?p=d), and other information as appropriate and consistent with 15 U.S.C. [2625(h)](/usc/15/2625.md?p=h) and [(i)](/usc/15/2625.md?p=i), EPA will propose to designate the chemical substance as either a High-Priority Substance or Low-Priority Substance, along with an identification of the information, analysis, and basis used to support the proposed designation.
- (d) **Costs and non-risk factors.** EPA will not consider costs or other non-risk factors in making a proposed priority designation.
- (e) **Insufficient information.** If information remains insufficient to enable the proposed designation of the chemical substance as a Low-Priority Substance after any extension of the initial public comment period pursuant to [§ 702.7(e)](/cfr/40/702.7.md?p=e), EPA will propose to designate the chemical substance as a High-Priority Substance.
- (f) **Conditions of use.** EPA will propose to designate a chemical substance as a High-Priority Substance based on the proposed conclusion that the chemical substance satisfies the definition of High-Priority Substance in [§ 702.3](/cfr/40/702.3.md) under one or more activities that the Agency determines constitute conditions of use. EPA will propose to designate a chemical substance as a Low-Priority Substance based on the proposed conclusion that the chemical substance meets the definition of Low-Priority Substance in [§ 702.3](/cfr/40/702.3.md) under the activities that the Agency determines constitute conditions of use.
- (g) **Publication.** EPA will publish the proposed designation in the Federal Register, along with an identification of the information, analysis and basis used to support a proposed designation, in a form and manner that EPA deems appropriate, and provide a comment period of 90 days, during which time the public may submit comment on EPA's proposed designation. EPA will open a docket to facilitate receipt of public comment.

## Notes

### Source

Source: 82 FR 33762, July 20, 2017, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 2605 and 2619.

### Source

Source: 47 FR 2773, Jan. 19, 1982, unless otherwise noted.