Boilerplate Language for Orders under Section 5 of TSCA
EPA is required to review each new chemical for which it receives a notice under Section 5(a)(1) of the Toxic Substances Control Act (TSCA) and make a determination regarding the likelihood that the chemical presents an unreasonable risk to human health or the environment. After making this determination, one potential outcome is that EPA will issue an order under Section 5(e) allowing for the manufacture of the chemical only under the terms of the order. Most Section 5(e) orders are consent orders that are negotiated between EPA and the notice submitter. Orders generally use boilerplate language that has been developed by EPA, meaning that it is a standard text that is used in most cases.
On this page:
- Updated Boilerplate Strengthens Worker Protections
- Current Consent Order Boilerplate
- Previous Consent Order Boilerplate Versions
Updated Boilerplate Strengthens Worker Protections
In June 2024, EPA updated its boilerplate language for orders under Section 5(e) to strengthen worker protections and make other housekeeping revisions. EPA may make further updates in the future and intends to engage with the public when the updates are substantive. The June 2024 update:
- Ensures that workers and their representatives have ready access to information in orders.
- Restores and strengthens prior requirements for hazard communication, labeling, safety data sheets and training.
- Improves clarity with revised and updated text.
Current Consent Order Boilerplate
- Read a summary of the updates to the boilerplate (pdf)
- Download the current boilerplate (pdf)
- Submit input about the boilerplate