With the election of Donald Trump, the implementation of the
Toxic Substances Control Act (TSCA) in 2025 will differ
significantly from the pre-election expectations. Here are our
projections on the likely developments in the coming year.
1. TSCA Implementation Will Continue
TSCA and its obligations are not going away. The 2016 amendments
imposed requirements on the U.S. Environmental Protection Agency
(EPA) that only Congress can alter. Further, EPA has adopted
regulations that implement those amendments. Most of these can only
be changed by notice-and-comment rulemaking, which can take
years.
This means, for example, that manufacture of a chemical
substance that is not on the TSCA Inventory and not covered by an
exemption will still be prohibited under section 5(a)(1) until EPA
completes the premanufacture notice (PMN) process for that
substance. Until EPA completes the significant new use notice
(SNUN) review process for a substance, engagement in
