EPA Publishes Thousands of Additional TSCA Risk, New Chemicals Submissions, Commits to Near Real-Time Publication Going Forward
The U.S. Environmental Protection Agency (EPA) has improved public access to certain reports submitted by chemical companies in ChemView, the Agency’s web application for public access to non-confidential business information (non-CBI) on chemicals regulated under the Toxic Substances Control Act (TSCA), including new chemical notices and notices of substantial risk.
EPA has published in ChemView previously unpublished new chemical notices received under TSCA section 5 and notices of substantial risk provided by companies under TSCA section 8(e). Going forward, EPA will continue to identify older, previously submitted unpublished information to make available in ChemView and will publish newly received TSCA section 5 notices and TSCA section 8(e) reports on a near real-time basis. EPA has also published in ChemView chemical health and safety studies received under TSCA section 8(d).
These actions build on EPA’s commitment to enhance the transparency of its evidence-based scientific and policymaking processes related to the evaluation of potential risks posed by certain chemicals.
New Chemical Submissions
TSCA section 5 requires EPA to publish a list of new chemical submissions it has received, including premanufacture notices, significant new-use notices, microbial commercial activity notices, test market exemption applications, notices of commencement of manufacture or import, and test information submitted under section 5.
This year, EPA made available in ChemView more than 25,000 new chemical notice records received under TSCA section 5, including notices received between 2014 and 2019 that had not been published previously. In 2019, EPA began publishing non-CBI notices on an ongoing basis, and new records are now generally published within five days of receipt. EPA will also continue to identify and make public older, previously unpublished new chemicals notices.
Notices of Substantial Risk
TSCA section 8(e) requires chemical companies to inform EPA of information that reasonably supports the conclusion that a chemical may present a substantial risk of injury to health or the environment. EPA uses these notices to inform new and existing chemical risk assessment activities.
This calendar year, EPA has published 3,900 notices of substantial risk records received under TSCA section 8(e) in ChemView, including more than 3,300 non-CBI notices submitted between Jan. 1, 2019, and Dec. 20, 2021, that were not previously published due to resource limitations. Over the next several months, EPA will publish all non-CBI versions of 8(e) notices received from Dec. 20, 2021, to the present. Going forward, EPA will strive to publish 8(e) notices deemed complete within a week of receiving them from companies. Additionally, EPA will work to identify and publish 8(e) notices received before 2019 as resources allow.
Health and Safety Data Reporting
Regulations promulgated under TSCA section 8(d) require chemical companies to submit lists and copies of health and safety studies relating to the health and/or environmental effects of 50 specified chemical substances and mixtures.
This calendar year, EPA published more than 1,700 health and safety study records received since September 2021 under TSCA section 8(d) in ChemView. Many of these records were in response to EPA’s 8(d) rulemaking, Health and Safety Data Reporting; Addition of 20 High-Priority Substances and 30 Organohalogen Flame Retardants, published in 2021. EPA expects to publish additional 8(d) records in the future.