---
kind: "section"
citation: "40 C.F.R. § 716.105"
title: "40"
number: "716.105"
heading: "Additions of substances and mixtures to which this subpart applies."
url: "https://uscodex.org/cfr/40/716.105"
---

# §716.105. Additions of substances and mixtures to which this subpart applies.


The requirements of this subpart will be extended periodically to cover additional substances and mixtures. Two procedures will be used to add substances and mixtures.

- (a) Except as provided in [paragraph (b)](#b) of this section, substances and mixtures will be added to [§ 716.120](/cfr/40/716.120.md) after publication in the Federal Register of a notice of proposed amendment to this subpart. There will be at least a 30-day public comment period on the notice. After consideration of the comments, EPA will amend [§ 716.120](/cfr/40/716.120.md) by final rule to add the substances and listed mixtures.
- (b) Except as provided in [paragraph (c)](#c) of this section, chemical substances, mixtures, and categories of chemical substances that have been added to the TSCA [section 4(e)](/cfr/40/4.md?p=e) Priority List by the Interagency Testing Committee, established under [section 4](/cfr/40/4.md) of TSCA, will be added to [§ 716.120](/cfr/40/716.120.md) but only to the extent that the total number of designated and recommended substances, mixtures and categories of chemical substances has not exceeded 50 in any 1 year. The addition of such chemical substances, mixtures, and categories of chemical substances to [§ 716.120](/cfr/40/716.120.md) will be effective 30 days after publication of a notice to that effect in the Federal Register.
- (c) Prior to the effective date of an amendment under [paragraph (b)](#b) of this section, the Assistant Administrator for Chemical Safety and Pollution Prevention may for good cause withdraw a chemical substance, mixture, or category of chemical substances from [§ 716.120](/cfr/40/716.120.md). Any information submitted showing why a chemical substance, mixture, or category of chemical substances should be withdrawn from the amendment must be received by EPA within 14 days after the date of publication of the notice under [paragraph (b)](#b) of this section. If a chemical substance, mixture, or category of chemical substances is withdrawn, a Federal Register notice announcing this decision will be published no later than the effective date of the amendment under [paragraph (b)](#b) of this section.
- (d) Persons who wish to submit information that shows why a substance should be withdrawn must submit their comments by using the CISS tool to complete and submit all data, reports, and other information required by [40 CFR part 716](/cfr/40/part716.md), via CDX. Submission requires registration with CDX, and must be made only as set forth in this section.
- (e) **To access the CISS tool go to <I>https—** //cdx.epa.gov/ssl/CSPP/PrimaryAuthorizedOfficial/Home.aspx and follow the appropriate links and for further instructions to go http://www.epa.gov/oppt/chemtest/ereporting/index.html.

## Notes

### Amendments

[51 FR 32726, Sept. 15, 1986, as amended at 60 FR 34464, July 3, 1995; 71 FR 47135, Aug. 16, 2006; 77 FR 46292, Aug. 3, 2012; 78 FR 72827, Dec. 4, 2013]

### Authority

Authority: 15 U.S.C. 2607(d).

### Source

Source: 51 FR 32726, Sept. 15, 1986, unless otherwise noted.

### Amendments

[51 FR 32726, Sept. 15, 1986, as amended at 60 FR 34464, July 3, 1995; 71 FR 47135, Aug. 16, 2006; 77 FR 46292, Aug. 3, 2012; 78 FR 72827, Dec. 4, 2013]