Legislative and Regulatory Authority for Reviewing New Chemicals under TSCA
On June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which updates the Toxic Substances Control Act. EPA will update its web pages to conform to the provisions of the statute, but until then some content may be out of date. Learn more about the new law, find summary information and read frequently asked questions.
Section 5 of the Toxic Substances Control Act (TSCA) gives EPA the authority to require anyone who plans to manufacture (including import) a new chemical substance for a non-exempt commercial purpose to provide EPA with notice 90 days before initiating the activity. In addition, TSCA section 5 requires manufacturers and processors to notify EPA at least 90 days before manufacturing or processing a chemical substance for any use that EPA has determined to be a "significant new use."
Information that can be required to be reported includes:
- Chemical identity
- Production volume
- Environmental release
- Disposal practices
- Human exposure
- Existing available test data
In 1983, the EPA promulgated a rule under TSCA section 5, 15 U.S.C. 2604, to require notice to EPA of new chemical substances by manufacturers (including importers). The rule also establishes EPA policy regarding claims of confidentiality for, and public disclosure of, various categories of information submitted in connection with section 5 notices.