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Last Updated on November 4, 2024
Section 5 of the 2016 TSCA amendments require EPA to determine if a new chemical substance poses an unreasonable risk before the chemical can be manufactured in or imported to the United States. The amended TSCA statute requires EPA to make this determination within 90 days and allows EPA to extend the review period up to an additional 90 days.
Of the 415 new chemicals under TSCA review, 22 have been under review for less than 90 days.
The remaining 393 (94.7%) new chemicals (or active PMN cases) have been under EPA review for greater than 90 days, a 7% increase since July 20. resulting in a backlog of advanced chemistries trapped in the EPA’s review pipeline.
263 (63.4%) of the active PMN cases have been under review for greater than or equal to 365 days. Since July 20, the 365-day backlog has increased 8 percent.
EPA's inability to meet the mandated 90-day deadline for conducting new chemical reviews has led to a significant backlog in the TSCA New Chemicals Program. This persistent backlog poses a serious threat to American innovation, manufacturing, and global competitiveness. In a 2022 survey, ACC member companies representing nearly one-fifth of U.S. chemical industry sales reported systemic delays, disregarded company-submitted data, and inconsistent chemical reviews:
* The data is from 2017 to the present and is updated monthly. While the data from the two EPA sources has some discrepancies, the information is indicative of the status of the EPA’s New Chemicals program.