EPA is making modest progress in reducing the backlog, however, of the 460 new chemicals under TSCA review, only 52 of the cases that are currently under review remain within the 90-Day TSCA-mandated review period.
90-Day Backlog
408 new chemicals, representing 88.7% of active PMN cases, have been under EPA review for more than 90 days. The 90-day backlog of PMN cases increased by 1% since October 8, 2025.
365-Day Backlog
307 active PMN cases, representing 66.7%, have been under review for 365 days or more. The 365-day backlog has increased by 2.3% since October 8, 2025.
Delays in TSCA New Chemical Reviews: A Threat to U.S. Innovation and Manufacturing
Under TSCA Section 5, EPA is required to make a determination on a new chemical within 90 days. Recently, EPA’s approach has resulted in persistent delays, threatening U.S. innovation and manufacturing:
- These delays create uncertainty for America’s innovators, hinder domestic investments and push new chemistries overseas. Ultimately, the backlog in TSCA new chemical reviews undermines U.S. leadership and competitiveness in advanced manufacturing.
Additionally, new chemicals are often subject to overly restrictive conditions without any clear, science-driven and risk-based justification.
Why It Matters
- Innovation at Risk: AI, advanced materials, semiconductors and next-generation chemistries all depend on timely regulatory decisions. When reviews stall, so does progress.
- U.S. Competitiveness: Each delay erodes America’s ability to lead and manufacture in critical sectors like AI, semiconductors, health care or national defense.
Roadmap for Timely Chemical Reviews
To restore confidence in TSCA new chemicals program and bolster America’s leadership in innovation and manufacturing, EPA must act now to:
- Timely completion of reviews is essential to providing certainty for investments in innovation and manufacturing.
- Adopt science-driven, risk-focused reviews that prioritize real-world data over speculative assumptions.
- Build trust through transparency by publishing clear performance metrics to demonstrate accountability and efficiency.
Timely TSCA new chemical reviews are not just a regulatory requirement, they are critical for U.S. innovation, job creation and manufacturing dominance. Without action, America risks losing ground to global competitors in the technologies that will define and drive the future of our modern society.
Read ACC’s Summary Sheet on EPA’s TSCA New Chemicals Program