Toxic Substances Control Act (TSCA)
U.S. federal chemicals framework covering new chemical review, risk evaluation, use restrictions and reporting obligations for existing substances.
Foresight tracks Toxic Substances Control Act (TSCA) developments and surfaces the alerts most likely to matter before they turn into missed deadlines, recalls, or escalation work.
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12 May 2026, 15:28
Latest Toxic Substances Control Act (TSCA) alerts
The most recent regulatory and guidance signals tracked by Foresight
US EPA Authorises SAIC Access to TSCA Confidential Business Information
US EPA has authorised contractor SAIC to access confidential TSCA submissions, including business-sensitive information, to support ChemView data warehousing and analytics work beginning no earlier than 19 May 2026. This is an administrative CBI-handling step rather than a new compliance obligation, but it clarifies which third party can see proprietary TSCA data and underpins future transparency and data-service initiatives.
United StatesUS EPA Updates TSCA CBI Claim Expiration Lists and Extension Guidance for June–July 2026
In May 2026 the US Environmental Protection Agency updated its TSCA confidential business information claim expiration guidance and published revised spreadsheets listing submissions, chemical identities, and companies with CBI claims expiring between late June and late July 2026. Companies whose TSCA claims appear on these lists now face near-term deadlines to decide which claims to extend and must submit substantiated electronic extension requests through CDX at least 30 days before each expiration date or risk their previously confidential data being made public.
United StatesUS D.C. Circuit Dismisses TSCA PFOA Citizen Suit Over Fluorinated Plastic Containers for Lack of Standing
In May 2026, the US D.C. Circuit dismissed a TSCA citizen suit seeking to force EPA action on PFOA formed during fluorination of plastic containers, holding that the NGO plaintiffs lacked associational standing and that the court therefore lacked jurisdiction to compel EPA regulation or enforcement. The ruling removes immediate court pressure on EPA and fluorinated container users over this PFAS pathway, reinforcing the importance of organisational structure and standing evidence for future TSCA litigation while leaving underlying PFAS regulatory risk to EPA’s ongoing rulemaking.
United StatesUS EPA Schedules Webinar on Expiring TSCA CBI Claims and CDX Extension Process
US EPA has updated its TSCA CBI Claim Expiration guidance with a May 6 webinar and detailed CDX instructions for requesting extensions on confidentiality claims expiring from late June 2026 onward. Companies with TSCA CBI claims should quickly identify any expiring entries, ensure CDX access, and schedule extension submissions at least 30 days before each claim’s expiration to avoid loss of protection and public disclosure.
United StatesUS EPA Issues Final TSCA Risk Evaluation for 1,2-Dichloroethane
The US Environmental Protection Agency has completed its final TSCA risk evaluation for 1,2-dichloroethane, determining unreasonable risk to workers under 15 conditions of use while finding no unreasonable risk for consumers, the general population, or the environment, with the notice scheduled for Federal Register publication on 5 May 2026. This determination triggers the start of TSCA section 6 risk-management rulemaking, signalling likely new controls on occupational uses and prompting companies handling 1,2-dichloroethane to reassess exposure pathways, substitution options, and compliance strategies in advance of proposed regulations.
United StatesUS EPA Extends Postponement of TCE TSCA 6(g) Exemption Conditions Pending Judicial Review
US EPA has further postponed the effective date of workplace conditions attached to TSCA section 6(g) exemptions in its trichloroethylene risk-management rule, now deferring them indefinitely from 18 May 2026 until court review concludes. For companies relying on these exemptions, including battery separator and other specialised TCE uses, this extends short-term flexibility but leaves significant future compliance obligations and timing uncertainty once litigation ends and a new effective date is set.
United StatesUS Senate Joint Resolution S.J.Res.187 Seeks To Disapprove EPA PFAS TSCA 8(a)(7) Reporting Rule
In April 2026, a US Senate joint resolution (S.J.Res.187) was introduced under the Congressional Review Act to overturn EPA’s PFAS TSCA 8(a)(7) reporting submission-period rule. If advanced, this challenge could block or delay the revised PFAS reporting schedule under TSCA, creating planning uncertainty for manufacturers and importers relying on the new 8(a)(7) timelines.
United StatesUS Senate Introduces Bill S.4397 to Amend TSCA on Regulatory Transparency and Science Coordination
US lawmakers have introduced Senate Bill S.4397 to amend the Toxic Substances Control Act, aiming to increase transparency in the regulatory process and better coordinate scientific work across federal agencies. If advanced, this governance-focused reform could change how chemical risk decisions are developed and communicated, influencing future TSCA compliance planning for manufacturers and importers.
United StatesUS EPA Issues TSCA Statements of Findings for New Chemical – February 2026
In April 2026, US EPA published TSCA section 5 statements of findings confirming that a February 2026 new microorganism notification (J-25-0013, modified yeast) is not likely to present an unreasonable risk. This clearance allows the notifier to begin commercial manufacture under TSCA, signalling continued scrutiny of biotechnology-based chemicals while enabling market entry for low-risk strains.
United StatesUS House Environment Subcommittee Will Hold Hearing on EPA FY 2027 Budget
A US House Environment Subcommittee hearing on 28 April 2026 will scrutinise EPA’s sharply reduced FY 2027 budget request, with a single witness: EPA Administrator Lee Zeldin. The majority memo signals congressional focus on cuts and reallocations that reshape EPA’s capacity on TSCA implementation, PFAS cleanup, pesticide alternatives, and AI-enabled chemical reviews, shaping future regulatory pace and enforcement risk.
United StatesGlobal Review Finds TSCA, REACH, and CEPA Undervalue Risks From Chemical Mixtures
An April 2026 peer-reviewed review and NGO analysis highlight that major chemical safety laws such as TSCA, REACH and CEPA still evaluate PFAS, heavy metals, pesticides and other toxicants largely substance-by-substance, underestimating cumulative risks from real-world mixtures. For regulatory, product stewardship and EHS teams, this strengthens the case for anticipating stricter cumulative and class-based risk assessment requirements—especially for PFAS and pesticide mixtures—and for prioritising precautionary, alternatives-based strategies rather than relying solely on refined single-chemical risk calculations.
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European Union
CanadaUS EPA Proposes TSCA SNURs for Cobalt Lithium Manganese Nickel Oxide Battery Materials
US EPA has proposed TSCA Significant New Use Rules for two cobalt-containing mixed metal oxide battery cathode materials, extending existing consent order controls to all manufacturers, importers, processors, and recyclers. If adopted, any use of these materials outside tightly controlled battery manufacture and hazardous-waste disposal pathways would require advance notification to EPA, potentially reshaping cathode supply chains, worker protection programmes, and recycling operations.
United StatesUS EPA Seeks Comment on Renewal of TSCA CBI Contractor Access Information Collection
In April 2026, the US EPA asked OMB to renew Information Collection Request 1250.13 for contractor access to TSCA confidential business information and opened a further 30-day public comment period running to 26 May 2026. The renewal slightly increases expected respondent burden but leaves underlying TSCA CBI obligations unchanged, signalling ongoing reliance on external contractors and continued scrutiny of CBI access controls.
United StatesUS Ninth Circuit Reply Brief Challenges EPA TSCA Fast-Track Exemptions for New PBT Chemicals
Environmental groups have filed a detailed reply brief in the US Ninth Circuit seeking to overturn EPA’s 2024 TSCA new-chemicals “fast-track” exemptions that let certain low-volume and low-exposure substances, including PBT and PFAS chemistries, bypass full premanufacture review. If the court agrees and partially vacates EPA’s fast-track provision, many new PBT and PFAS substances would instead face full TSCA PMN scrutiny, lengthening approval timelines and signalling that similar shortcuts in high-hazard chemical programmes are legally vulnerable.
United StatesUS House Environment Subcommittee Hearing On Environmental Laws, Critical Material Supply Chains, And TSCA
In April 2026 the US House Energy and Commerce Committee's Environment Subcommittee held a hearing on how major environmental laws including TSCA, RCRA, CERCLA, the Clean Air Act, and the Safe Drinking Water Act affect critical material and chemical supply chains. The discussion signals congressional interest in easing regulatory bottlenecks that could constrain domestic access to critical minerals and key chemistries, so compliance teams should anticipate potential proposals to streamline TSCA reviews and adjust related environmental requirements.
United StatesUS EPA Publishes 2024 Chemical Data Reporting Dataset and Confirms 2028 Submission Window
US EPA has published the 2024 Chemical Data Reporting dataset and confirmed the 1 June to 30 September 2028 submission window for the next CDR cycle. Manufacturers and importers subject to TSCA should use the new data to understand market exposures and start organising 2024–2027 production and use information now so they can meet the 2028 reporting obligations without disruption.
United StatesUS EPA Publishes 2024 Chemical Data Reporting Dataset and Confirms 2028 CDR Reporting Window
US EPA has released the 2024 Chemical Data Reporting dataset for 8,650 chemicals and clarified the timing and scope of the next TSCA CDR reporting cycle, running in 2028. This gives compliance and product stewardship teams fresh visibility into US chemical volumes and a clear 2027 data horizon, so they can align systems, suppliers, and internal data processes ahead of the 1 June–30 September 2028 submission window.
United StatesUS EPA Publishes TSCA CBI Claim Expiration List for June–July 2026
US EPA has published a public web list and spreadsheet of TSCA confidential business information claims scheduled to expire between 22 June and 31 July 2026, together with detailed CDX-based instructions for requesting up to 10 more years of protection. TSCA submitters now need to identify any of their claims on the list and ensure substantiated extension requests are prepared and filed via CDX at least 30 days before each expiration date to avoid sensitive data being released.
United StatesUS States Introduce 2026 PFAS Bills Targeting Products and Pollution
An April 2026 Governing article reports that nearly 200 PFAS-related bills have been introduced across multiple US state legislatures this year, targeting product labeling, sales bans, firefighting foams, sewage sludge use, and PFAS contamination funding. This wave of state-level action, alongside a contested federal TSCA amendment proposal, signals accelerating but fragmented PFAS regulation in the US, requiring manufacturers and brands to monitor state bills closely for emerging obligations.
United StatesUS EPA Proposes Extension of TSCA Section 8(d) Health and Safety Data Reporting Deadline to 21 May 2027
The US Environmental Protection Agency has proposed extending the TSCA section 8(d) health and safety data reporting deadline for 16 specified chemicals by one year to 21 May 2027, with public comments due by 29 April 2026. If adopted, this will temporarily ease immediate reporting burdens while EPA reworks the rule, but chemical manufacturers and petroleum refiners should use the additional time to organise data and prepare for eventual submissions under the revised timeline.
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