Government Shutdown Could Slow TSCA Chemical Reviews and Enforcement

Bergeson & Campbell, P.C., a Washington D.C. law firm focused on chemical regulations, said the government shutdown will significantly affect the U.S. Environmental Protection Agency’s (EPA) implementation of the Toxic Substances Control Act (TSCA). 

James V. Aidala, Richard E. Engler, Ph.D., and L. Claire Hansen of the firm, highlighted in a recent public policy and regulation blog how even short lapses in appropriations could disrupt critical EPA functions.

The firm noted that TSCA relies on statutory deadlines, including strict timelines for new chemical reviews under Section 5 and risk evaluations and risk management rules under Section 6. During a funding lapse, EPA would reportedly halt reviews of premanufacture notices and other new chemical submissions. Although submissions can still be made via the Central Data Exchange, reviews would not resume until staff return to work and operating funds are restored. Previous shutdowns suggest backlogs can persist for months after funding resumes.

The firm also noted that enforcement could be reduced during a shutdown. While statutory requirements remain in force, fewer inspections and oversight create uncertainty for regulated entities. Companies should maintain compliance, as EPA can reportedly allege violations up to five years after an infraction.

The firm cited the 2018–2019 government shutdown, which lasted 34 days, as an example of how quickly TSCA timelines can fall out of sync and create operational bottlenecks. States with independent chemical safety programs may continue operations, potentially creating an uneven regulatory landscape for companies operating in multiple jurisdictions.

For chemical manufacturers, importers, and downstream users, shutdown-related delays could mean lost production time, higher costs, and competitive disadvantages. Stakeholders in the chemical regulatory space should monitor funding negotiations closely and plan for potential impacts, said the authors.

Lynn Bergeson, who writes the Compliance Advisor column for ChemicalProcessing.com, will expand on EPA's proposed amendments to TSCA risk evaluation framework in her October column.