Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) is a United States law, passed by the United States Congress in 1976, that regulates the introduction of new or already existing chemicals. It grandfathered most existing chemicals, in contrast to the Registration, Evaluation and Authorization of Chemicals (REACH) legislation of the European Union. However, as explained below, the TSCA specifically regulates polychlorinated biphenyl (PCB) products.

Contrary to what the name implies, TSCA does not separate chemicals into categories of "toxic" and "non-toxic". Rather it prohibits the manufacture or importation of chemicals that are not on the [http://www.epa.gov/opptintr/newchems/pubs/invntory.htm TSCA Inventory] (or subject to one of many exemptions). Chemicals that are listed on the TSCA inventory are referred to as "existing chemicals". Chemicals not listed are referred to "new chemicals". Generally, manufacturers [http://www.epa.gov/opptintr/newchems/pubs/whofiles.htm must submit] premanufacturing notification to EPA prior to manufacturing (or importing) new chemicals for commercial purposes. There are notable exceptions, including one for research and development, and for substances regulated under other statues such as the Federal Food, Drug, and Cosmetics Act and the Federal Insecticide, Fungicide, and Rodenticide Act.

New chemicals notifications are reviewed by the Agency and if the Agency finds an "unreasonable risk to human health or the environment", may regulate the substance in a variety of ways, from limiting uses or production volume to an outright ban.

NOTE: This does not constitute legal advice or a legal interpretation of TSCA. It is intended as an introduction to the Act.

Sections of TSCA

The TSCA is found in United States law at [http://www.access.gpo.gov/uscode/title15/chapter53_.html 15 USC (C. 53) 2601-2692] . It is administered by the U.S. Environmental Protection Agency (EPA). [http://www.access.gpo.gov/uscode/title15/chapter53_subchapteri_.html Subchapter I] of the TSCA, "Control of Toxic Substances," is the original substance of the 1976 act, PL 94-469, including regulation of polychlorinated biphenyl (PCB) products.

[http://www.access.gpo.gov/uscode/title15/chapter53_subchapterii_.html Subchapter II] of the TSCA, "Asbestos Hazard Emergency Response," was enacted by the U.S. Congress in 1986 under PL 99-519 and amended in 1990 under PL 101-637. It authorizes the EPA to impose requirements for asbestos abatement in schools and requires accreditation of persons who inspect for asbestos-containing materials.

[http://www.access.gpo.gov/uscode/title15/chapter53_subchapteriii_.html Subchapter III] of the TSCA, "Indoor Radon Abatement," was enacted by the U.S. Congress in 1988 under PL 100-551. It requires the EPA to publish a guide to radon health risks and perform studies of radon levels in schools and federal buildings.

[http://www.access.gpo.gov/uscode/title15/chapter53_subchapteriv_.html Subchapter IV] of the TSCA, "Lead Exposure Reduction," was enacted by the U.S. Congress in 1992 under PL 102-550. It requires the EPA to identify sources of lead contamination in the environment, regulate amounts of lead allowed in products, including paint and toys, and establish state programs to monitor and reduce lead exposures.

U.S. regulations implementing the TSCA are in [http://www.access.gpo.gov/nara/cfr/waisidx_01/40cfr195_01.html 40 CFR 195] , for radon, and in [http://www.access.gpo.gov/nara/cfr/waisidx_01/40cfrv27_01.html 40 CFR 700-766] , for other matters.

Under [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+15USC2605 15 USC 2605(e)] the TSCA specifically regulates PCBs. Subsection (2)(A) provides that after January 1, 1978, "no person may manufacture, process or distribute in commerce or use any polychlorinated biphenyl in any manner other than in a totally enclosed manner." This section of the TSCA also authorizes the EPA to regulate disposal of PCBs.

Acting under the TSCA and other laws, the EPA has published regulations for PCB disposal and set limits for PCB contamination of the environment. It has engaged in protracted negotiations with the U.S. General Electric company and other firms for remediation of sites contaminated with PCBs such as the upper Hudson River.

For additional information on TSCA, see NTIS.

References

*U.S. Environmental Protection Agency, [http://www.epa.gov/compliance/civil/tsca/tscaenfstatreq.html "Summary of the TSCA law and regulations"] .

*U.S. Environmental Protection Agency, [http://yosemite.epa.gov/opa/admpress.nsf/d10ed0d99d826b068525735900400c2a/db490ae06c402d7985257164005d4bcc!OpenDocument"Announcement of agreement with General Electric to conduct Hudson River dredging"] , October 6, 2005.

*Schapiro, Mark, [http://www.thenation.com/doc/20041227/schapiro "New Power for 'Old Europe'"] . "The Nation", December 27, 2004, 11-16.

External links

* [http://www.access.gpo.gov/uscode/title15/chapter53_.html Text of Toxic Substances Control Act]
* [http://www.ntis.gov/search/product.asp?ABBR=SUB5423&starDB=GRAHIST National Technical Information Service]