February 07, 2026
Bringing a new chemical substance into the United States market requires strict compliance with the Toxic Substances Control Act (TSCA), administered by the U.S. Environmental Protection Agency (EPA). Companies planning to manufacture, import, or introduce a new chemical must navigate the TSCA Premanufacture Notification (PMN) process, a science-driven regulatory pathway designed to evaluate human health and environmental risk before commercialization.
This 2026 regulatory guide from Maven Regulatory Solutions explains the four critical steps of U.S. EPA chemical registration, key exemptions, documentation requirements, TSCA fees, risk evaluation timelines, and compliance strategies using the most current regulatory expectations.
Overview: TSCA Chemical Control Framework
Under TSCA, new chemical substances and certain Significant New Uses (SNURs) for existing substances require EPA review before manufacture or import. EPA evaluates:
- Hazard potential
- Environmental fate
- Worker and consumer exposure
- Release pathways
- Risk management needs
This pre-market review ensures chemicals do not present unreasonable risk under their intended conditions of use.
STEP 1 TSCA Inventory Status Determination
The first and most critical step is determining whether the substance is already listed on the TSCA Inventory.
When PMN Is Required
A PMN is needed when:
- The substance is not listed on the public or confidential TSCA Inventory
- An existing substance has a Significant New Use Rule (SNUR)
- A new manufacturing process changes exposure potential
Substances Outside TSCA Jurisdiction
Some materials are regulated under other laws and excluded from TSCA:
|
Excluded Category |
Regulatory Authority |
|
Foods & food additives |
FDA |
|
Drugs & pharmaceuticals |
FDA |
|
Cosmetics |
FDA |
|
Pesticides |
FIFRA (EPA) |
|
Tobacco |
FDA |
|
Nuclear materials |
DOE/NRC |
|
Ammunition |
ATF |
Materials Not Subject to PMN
- Naturally occurring materials
- Impurities
- By-products
- Mixtures (but not individual components)
- Articles
- Substances manufactured solely for export
STEP 2 Determine Eligibility for TSCA Exemptions
EPA offers several risk-based exemptions that reduce or eliminate PMN requirements.
|
Exemption Type |
Applicability |
|
Low Volume Exemption (LVE) |
<10,000 kg/year |
|
LoREX |
Low exposure & release |
|
Polymer Exemption |
Qualifying low-risk polymers |
|
R&D Exemption |
Research quantities |
|
Test Marketing Exemption (TME) |
Limited market trials |
Strategic exemption use can reduce timelines by 60–80% compared with full PMN.
STEP 3 Pre-Submission Meeting & PMN Dossier Preparation
EPA strongly encourages pre-notice consultations before submission. These meetings:
- Clarify data expectations
- Reduce PMN incompleteness risk
- Discuss hazard modeling approaches
- Improve regulatory predictability
Core Data Required in PMN Submission
|
Data Category |
Key Requirements |
|
Chemical Identity |
CAS (if assigned), structure, formula |
|
Manufacturing |
Process description, flow diagrams |
|
Production Volume |
Estimated annual volume |
|
Use Profile |
Industrial, consumer, commercial |
|
Exposure |
Worker, environmental, general population |
|
Environmental Fate |
Degradation, persistence, bioaccumulation |
|
Health Effects |
Toxicology data or modeling |
|
By-products |
Impurity characterization |
|
Disposal |
Waste treatment & recovery |
|
SDS |
If available |
Trending 2026 addition: EPA increasingly expects New Approach Methodologies (NAMs), QSAR modeling, and read-across data in PMNs.
STEP 4 PMN Submission, Fees & EPA Review
Submission Platform
All PMNs are submitted electronically through EPA Central Data Exchange (CDX).
TSCA PMN Fees (Post-2024 Rule)
|
Business Type |
Fee |
|
Standard |
~$37,000 |
|
Small Business |
~$6,480 |
EPA Risk Evaluation Timeline
EPA review typically takes 90 days, but extensions are common.
|
Review Phase |
Activities |
|
Initial 30 Days |
Screening, data sufficiency check |
|
Next 60 Days |
Risk assessment & exposure modeling |
|
Final Decision |
Approval, restrictions, or prohibition |
Possible outcomes:
- Not likely to present unreasonable risk
- Order with restrictions
- Significant New Use Rule (SNUR)
- Prohibition pending more data
Post-Decision Obligations
After approval:
- Maintain records
- Follow any EPA consent orders
- Submit Notice of Commencement (NOC)
- Comply with downstream reporting requirements
Common Reasons PMNs Are Delayed
- Missing exposure data
- Insufficient impurity profiles
- Incomplete hazard assessment
- Lack of worker protection details
- Poorly defined use scenarios
2026 Regulatory Trends in TSCA Compliance
- Greater reliance on computational toxicology
- Increased scrutiny on PFAS and persistent chemicals
- Expansion of SNUR enforcement
- Focus on environmental justice exposure pathways
- Integration of green chemistry risk mitigation
FAQs – U.S. EPA Chemical Registration
Q1: How do I check TSCA Inventory status?
Via EPA inventory search or confidential inquiry procedures.
Q2: Can I manufacture before approval?
No. Manufacture/import before PMN review completion is prohibited.
Q3: Do polymers always require PMN?
No many qualify for polymer exemption.
Q4: What happens after approval?
You must submit a Notice of Commencement within 30 days of manufacture.
Q5: Can PMN be withdrawn?
Yes companies often withdraw to avoid adverse decisions.
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