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Last Updated on July 20, 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 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 413 new chemicals under TSCA review, 48 have been under review for less than 90 days.
The remaining 365 (88%) new chemicals have been under EPA review for more than 90 days. a 7% increase since May 17 — resulting in a backlog of advanced chemistries ensnared in the EPA’s review pipeline.
While 243 (59%) of PMN cases are under review for greater than or equal to 365 days, 67% of the new chemicals backlog remained under review for greater than or equal to 365 days. Since May 17, the 365-day backlog declined 15%.
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:
ACC developed these visualizations to help interpret and track EPA’s performance of the TSCA New Chemicals Program. The data and information were compiled from the following EPA sources: 1) the New Chemicals case tracker and, 2) the Premanufacture Notices (PMNs) and Significant New Use Notices Table.
Click on the links below for more visuals and analysis tracking EPA’s progress in determining Premanufacturing Notices (PMN) and Section 5 Exemptions.
* 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.