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40 CFR § 702.11 - Final priority designation.

---
identifier: "/us/cfr/t40/s702.11"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 702.11 - Final priority designation."
title_number: 40
title_name: "Protection of Environment"
section_number: "702.11"
section_name: "Final priority designation."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "R"
subchapter_name: "TOXIC SUBSTANCES CONTROL ACT"
part_number: "702"
part_name: "GENERAL PRACTICES AND PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 2605 and 2619."
regulatory_source: "47 FR 2773, Jan. 19, 1982, unless otherwise noted."
cfr_part: "702"
---

# 702.11 Final priority designation.

(a) After considering any additional information collected from the proposed designation process in § 702.9, as appropriate, EPA will finalize its designation of a chemical substance as either a High-Priority Substance or a Low-Priority Substance consistent with 15 U.S.C. 2625(h) and (i).

(b) EPA will not consider costs or other non-risk factors in making a final priority designation.

(c) EPA will publish each final priority designation in the *Federal Register,* along with an identification of the information, analysis, and basis used to support a final designation consistent with 15 U.S.C. 2625(h), (i) and (j). For High-Priority Substance designations, EPA generally expects to indicate which condition(s) of use were the primary basis for such designations.

(d) As required in 15 U.S.C. 2605(b)(3)(C), EPA will finalize a designation for at least one High-Priority Substance for each risk evaluation it completes, other than a risk evaluation that was requested by a manufacturer pursuant to subpart B of this part. The obligation in 15 U.S.C. 2605(b)(3)(C) will be satisfied by the designation of at least one High-Priority Substance where such designation specifies the risk evaluation that the designation corresponds to, and where the designation occurs within a reasonable time before or after the completion of the risk evaluation.