This CRS Insight short note, Implementation of Toxic Substances Control Act (TSCA) Amendments (P.L.
114-182) on June 22, 2016, the U.S. Environmental Protection Agency (EPA) has been implementing the act’s amendments to Title I of the Toxic Substances Control Act (TSCA; 15 U.S.C.
EPA has proposed a rule to require reporting from chemical manufacturers to support such agency determinations (82 Federal Register 4255, January 13, 2017).
Prioritization of Chemicals for Risk Evaluation and Chemical Risk Evaluations P.L.
114-182 amended TSCA to direct EPA to prioritize existing chemicals for risk evaluation to determine whether such chemicals present unreasonable risks.
Risk evaluations for these chemicals were completed prior to enactment of P.L.
New Chemical and Significant New Use Reviews With regard to new chemicals and significant new uses of existing chemicals, TSCA as amended requires the agency to determine, prior to their introduction into commerce, whether such chemicals or uses present unreasonable risk.
If the agency has insufficient information to determine whether a new chemical or significant new use presents unreasonable risks, TSCA authorizes EPA to require the development of new information for purposes of making such a determination.
114-182, EPA had discretionary authority to review new chemicals and significant new uses and was not required to make a determination regarding unreasonable risk.
It remains to be seen which additional chemicals EPA would prioritize for risk evaluation, which chemicals would be determined to present unreasonable risks, what regulatory controls would be proposed and finalized, whether stakeholders would challenge EPA decisions in court, and the outcome of any litigation.