The Toxic Substances Control Act (TSCA) is working to keep potentially dangerous new chemicals off the market and out of everyday products. Thanks to critical reforms made in 2016, the Environmental Protection Agency (EPA) now reviews chemicals for safety before companies can manufacture them, rather than allowing them to enter the market first and asking questions later. This shift has prevented harmful substances from reaching homes, workplaces, and schools across the country .

What Changed in 2016 That Made Chemical Safety Better?

Before 2016, the original TSCA had a major flaw: a 90-day "shot clock" that allowed new chemicals to enter the market before the EPA had even reviewed them or determined whether they were safe. This loophole meant that risky chemicals, including PFAS (per- and polyfluoroalkyl substances, which are persistent chemicals used in non-stick coatings and water-resistant products), made it into consumer products without proper safety evaluation .

The 2016 reforms flipped this system on its head. Now, companies must submit new chemicals for EPA review, and the agency must make an affirmative determination that a chemical is safe before manufacturing can begin. This requirement incentivizes companies to develop safer alternatives from the start, rather than waiting to see if regulators will catch problems later .

How Does the EPA Protect You From Chemicals Used in Unexpected Ways?

One of the smartest protections built into the updated TSCA is the EPA's ability to consider how a chemical might actually be used in the real world, not just how a company says it will be used. For example, a manufacturer might claim a new chemical is only intended for industrial degreasing in factories with safety controls. But if the EPA has data showing that similar chemicals have been used as consumer cleaners in homes, the agency can restrict that chemical to industrial settings only .

The law also allows the EPA to issue Significant New Use Rules (SNURs), which require additional safety review before a chemical can be used in new or expanded ways. Without this tool, companies could quietly expand production, increase worker exposures, or introduce a chemical into consumer products without thorough evaluation .

Ways the Current TSCA Protects Public Health

• Pre-market review requirement: Companies cannot manufacture new chemicals until the EPA confirms they are safe, preventing risky substances from entering the market before evaluation.
• Reasonably foreseen use consideration: The EPA can restrict chemicals based on how they might actually be used, not just the manufacturer's stated intent, protecting consumers from unintended exposures.
• Significant New Use Rules: If a chemical's use expands beyond its original approval, the EPA can require additional risk assessment before the new use is allowed.
• Risk mitigation requirements: The EPA can impose restrictions on how chemicals are manufactured, processed, used, or disposed of to protect workers, consumers, and communities from harm.

What Could Weaken Chemical Safety Protections?

A proposal from Republicans in the U.S. House of Representatives threatens to significantly roll back these protections by making it harder for the EPA to keep dangerous chemicals out of our lives . The proposal would introduce several problematic changes that prioritize industry interests over public health.

First, it would bring back a de facto shot clock for chemical reviews, requiring the EPA administrator to personally explain any delays. This creates intense political pressure on agency staff to rush through safety assessments, potentially resulting in less rigorous evaluations .

Second, the proposal would raise the burden of proof the EPA must meet to demonstrate a chemical is harmful. Instead of focusing on whether a chemical is safe, the EPA would have to prove that a chemical's unreasonable risk is "more likely than not" to occur. In practical terms, if the EPA finds that a chemical causes cancer 50 percent of the time, it would still be approved because 50 percent does not meet the "more likely than not" standard .

Third, the proposal would eliminate the EPA's requirement to mitigate risks associated with chemical manufacturing, processing, use, or disposal. Companies could claim insufficient resources prevent them from issuing restrictions, allowing chemicals to be sold without restraints regardless of potential harm to workers, consumers, or communities .

A similar proposal from the U.S. Senate would also weaken these essential public health protections, putting millions of Americans at risk from chemical exposure in their homes, workplaces, and schools .

Why Does Chemical Safety Matter for Your Family?

Chemical exposure happens in everyday life. People encounter new chemicals in household cleaners, personal care products, food packaging, furniture, and building materials. Without strong pre-market review, harmful substances can accumulate in homes and bodies before anyone realizes the danger. The current TSCA system prevents this by catching risky chemicals before they ever reach store shelves or enter your home .

The law has proven effective over the past decade. Many harmful chemicals have been kept out of communities and everyday products thanks to the 2016 reforms. Weakening these protections would reverse that progress and put the chemical industry in control of safety decisions that should be made by independent scientists at the EPA .

As Congress debates these proposals, the stakes for public health are clear: either the EPA maintains the authority to review chemicals before they enter the market, or companies gain the power to decide which chemicals are safe enough for your home and family.