TSCA New Chemicals Review Delayed by EPA

February 6, 2019

As a result of the federal government’s recent shutdown, EPA has announced a 33-day extension for 581 new chemical notifications that were under review when the Agency closed for lack of funds. The extension applies to pre-manufacture notices (PMNs), significant new uses notices, and exemption notices submitted under Section 5 of TSCA. Normally, EPA is required to complete new chemical reviews within 90 days of submission, barring a voluntary suspension.

EPA also said that 24 PMNs were submitted during the shutdown, but they were not processed by the Agency until after the resumption of normal operations. As a result, EPA said the review period for these notifications began on January 31, 2019.

Because it is unclear whether another government shutdown will happen on February 15, TSCA new chemical reviews could be further extended. However, many interested parties are assuming that EPA’s announced 33-days extension will be the only and final delay and are acting accordingly based on this extension.