market without first assessing toxic impacts. new chemicals, however, would be subject to review for health and environmental risks. since then number of chemicals listed on the tsca inventory has grown to roughly 84,000. the epa has only required approximately 200 of these 84,000 chemicals to be tested, and of the 22,000 chemicals introduced since 1976, chemical manufacturers have produced very little data for the epa on potential health and/or environmental impacts. third, even though tsca gives authority to the epa to test the existing chemicals through the epa's own rule making process, the epa has difficulty obtaining the data needed to determine their risks. it is difficult to collect information from industries about the risks of chemicals and the epa has concluded that conducting its own testing is too costly. the epa is authorized to require industry to perform testing of chemicals being produced in substantial quantities or if the epa finds that the manufacturing, production or use of a chemical "may present an unreasonable risk of injury to health or the environment." the only information required from chemical producers is chemical identities, names, and molecular structures, categories of use, amount manufactured and processed for each category of use, descriptions of byproducts resulting from manufacture, processing, use, and disposal, environmental and health effects, number of individuals exposed, number of employees exposed and the duration of exposure, and manner or method of chemical disposal. in order to obtain more information related to chemical risks, the epa must ask chemical companies to do testing. this occurs either by (1) mutual agreement, or (2) voluntary industry efforts under the hpv challenge program. the epa has also created the sustainable futures (sf) initiative model, which allows companies to voluntarily screen their products that might pose risks to human health or the environment. through this initiative, the epa hopes to enable manufacturers to better predict hazards and exposures of their products. the program is designed to enable companies to bring safer chemicals to the market. regulation of existing chemicals existing chemicals review process asbestos abatement currently existing chemicals on the market are listed in the tsca inventory. though tasked with protecting the public from dangerous and potentially carcinogenic substances, some 62,000 chemicals were never tested by the epa because they were "grandfathered in and statutorily not considered an "unreasonable risk." without testing, tsca grandfathered the use of these chemicals into tsca's list of "existing" (as opposed to "new") chemicals. for existing chemicals, manufacturers need to generate and report data on risk, manufacturing and processing, adverse health effects, published and unpublished health and safety studies, and "substantial risks." to the epa also, if a substance is subject of a significant new use rule (snur), a company would have to submit and receive approval of a significant new use notice (snun) prior to undertaking the significant new use(s) defined in the snur. under section 4, the epa has the authority to require manufacturers to test existing chemicals, but in each case the epa must make several formal findings, the first of which is subject to judicial review under the "substantial evidence" standard. in particular, the requirement that the epa determine that the chemical "may present an unreasonable risk" creates a regulatory "catch-22" as such a determination requires much of the very data that the epa cannot access or cause to be generated without first making the determination. this burden was one of the drivers for changes to section 4 during the negotiations to reform tsca. in 1989, the epa issued a final rule under section 6 to ban the manufacturing, importing, and processing of nearly all asbestos-containing products in the usa. however, it had only limited success in using the authority granted under tsca section 6 to control chemicals tested and deemed dangerous to public health. the epa's failure to adequately regulate these chemicals caused strong debates over the legal burden the epa bears in banning chemicals. the epa has been successful in restricting five chemicals using section 6 authority (pcbs, chlorofluorocarbons, dioxin, asbestos, and hexavalent chromium) in its 38-year history, with the ban on asbestos being partially overturned in 1991. epa has restricting some existing chemicals using section 5 snurs. as of 2015, 250 of the more than 60,000 existing chemicals have been directly tested by the epa. 140 of those chemicals were tested by regulatory order and 60 were tested after voluntary consent by the manufacturer. additionally, there are 3,000 high production volume (hpv) chemicals, produced or imported in quantities exceeding one million pounds per year these hpv chemicals only constitute one third of existing chemicals, but their high volumes raise concern about the lack of basic hazard information. many environmental groups, such as natural resources defense council, complain that the epa is nearly powerless to take regulatory action against dangerous chemicals, even those known to cause cancer or other serious health effects. the hpv program lead to the generation of new or release of existing data on over 2,200 chemicals. regulation of new chemicals status chart of new chemicals being reviewed by epa, november 1, 2022 companies must notify the epa of their intention to manufacture (or import) a new chemical (one not listed on the tsca inventory) by submitting a pmn at least 90 days prior to the first manufacture or import for a non-exempt purpose. section 5 of tsca does not require any toxicity testing before submitting a pmn no safety information is required to be included in the pmn, so the epa must rely on computer modeling to determine whether the new chemical "may present an unreasonable risk." in order to regulate new chemicals, the epa must determine that the chemical "...may present an unreasonable risk of injury to health or the environment..." or show that the chemical "... is or will be produced in substantial quantities, and such substance either enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant or substantial human exposure to the substance...." if the epa does not satisfy these requirements, it cannot act to block the manufacture of the new chemical. the epa has only 90 days from receipt of a pmn to act before the new chemical may be legally marketed and included in products. in consequence, only 40 percent of acute toxicity and mutagenicity testing is ever completed, even less data on long-term effects or specific endpoints (including subchronic, neurotoxicological, developmental, reproductive, and chronic) is ever generated. additionally, less than 5 percent of data on toxicity to aquatic organisms is submitted with a pmn. " from 1979 to 1994 the epa oppt’s new chemical program received over 24000 pmns and sought to delay manufacture and require additional data for only 5000 of those submissions. half of these nonetheless ultimately entered and are still on the market. epa evaluation found that 85 percent of pmn data on health effects is deficient, and 67 percent of pmns contain deficiencies on health or environmental effects of any kind. in order to compensate for this deficiency of data, section 5 of tsca created the structure activity team (sat) along with structural-activity relations (sars) to review pmn chemicals. sat consists of a team of expert scientists and specialists who evaluate the potential environmental fate, and health and environmental hazards of new chemicals since there is little to no data received with the pmns, hazard assessments for chemicals depend heavily on models, sars based on analogous chemicals, or, in some cases, data on the subject chemical retrieved from public databases or reference material such as beilstein. however, it has been argued that sars and sat’s review process do not adequately evaluate risks associated with new chemicals. for instance, there is no minimum data set beyond information already in possession at the time they file the pmn. the epa may regulate chemicals that enter the market only under the standards of tsca and also carries the burden of proving the safety of existing chemicals chemical substance inventory (tsca inventory) the tsca chemical substance inventory (tsca inventory) is epa's comprehensive list of confidential and non-confidential chemical substances. the non-confidential inventory is provided in microsoft access and csv formats within zip files. inventory notification reporting is through an updated user interface in the central data exchange (cdx) chemical safety and pesticide programs (cspp) web application for company-authorized officials and their support; there is no role for the public to access the cdx cspp web app. the toxics release inventory (tri) is a different inventory for superfund reporting. criticism tsca had been severely criticized by non-governmental organizations, academics, scientists, and even government agencies for failing to regulate the safe use of chemicals affecting human health and environmental welfare effectively. prior to the tsca amendments in 2016, "the act has not been substantially updated." organizations concerned about product safety, "including the chemical industry, environmental and public health advocates, and the epa" have attempted to mitigate the effects of weak regulation. they argue that "the inability to function as intended results from a series of legal, organizational, and political challenges." according to wilson and schwarzman, there are three gaps in us chemicals policy: "data gap: producers are not required to investigate and disclose sufficient information on the hazard traits of chemicals to government, the public, or businesses that use chemicals. "safety gap: government lacks the legal tools it needs to efficiently identify, prioritize, and take action to mitigate the potential health and environmental effects of hazardous chemicals. "technology gap: industry and government have invested only marginally in green chemistry research, development, and education." the epa office of the inspector general said in 2010 that implementation has been "inconsistent and presents a minimal presence." the report criticized the process by which the epa handles new tsca cases, claiming it is "predisposed to protect industry information rather than to provide public access to health and safety studies." gao suggests that concern for trade secrets is preventing effective testing. in come cases, toxicity studies do not include the specific identity of the test substance and cannot report any problems because "health and safety data are of limited value if the chemical the data pertain to is unknown." state regulation of toxic substances and chemicals certain state governments have implemented "comprehensive regulatory programs" for stricter control on toxic chemicals as a response to the failure of congress to modernize tsca. some critics of tsca note its inability to support meaningful action to prevent a patchwork of state policies as state lawmakers in 18 states have collectively passed 71 chemical laws since 2003. in states such as california, connecticut, and michigan diverse chemical policy actions were introduced favoring tighter regulation to protect vulnerable populations and the environment from exposure to dangerous chemicals. critics favoring a federal reform of tsca argue that the patchwork of state chemical management laws create "tensions between federal and state powers." moreover, state law initiatives and rules to target chemicals have significant support from "the public demanding stricter chemical control." stringent state laws have successfully implemented more regulation on "bpa in plastic products and food beverage containers or flame retardants in furniture." campaigns focusing on increasing consumer awareness of chemicals in products have been able to educate the public about the potential risk of exposure to chemical products that can harm their health and the environment. according to a poll conducted by the mellman group, 78 percent of americans are seriously concerned about the threat to children's health from toxic chemicals in day-to-day life. the same poll reported that 33 percent of the respondents answered that everyday exposure to toxic chemicals is a serious issue. chemical industry’s support for tsca reform in 2009, chemical manufacturers stated that tsca needs "modernizing" to offer better regulation of current and future chemical products available in the market. the chemical industry is frustrated with state-level restrictions because state policies on chemical products create "market disruption and impose unnecessary regulatory burdens, without necessarily improving public health." the chemical manufacturers "reluctantly" support a reform of tsca, agreeing that it is necessary to avoid ambiguities. the chemical producers support implementation of more uniform and consistent regulations at the federal level that pre-empt state law. the modernization of tsca can give the chemical industry a standard to follow and allow them to market their products for domestic consumption or international sales