The Toxic Substances Control Act (TSCA), enacted in 1976 and administered by the EPA, regulates chemicals to protect human health and the environment by assessing and managing risks associated with chemicals, including those already in commerce and new ones.
Key aspects of the TSCA include:
- Purpose: To assess and regulate chemicals to prevent unreasonable risks to human health and the environment.
- Scope: Covers chemicals manufactured, processed, or imported in the United States, with the exception of food, drugs, cosmetics, and pesticides, which are regulated by other agencies.
- EPA Authority: The EPA has the authority to require reporting, record-keeping, and testing requirements, as well as impose restrictions or bans on the production, importation, use, and disposal of chemicals.
- TSCA Inventory: The EPA maintains a list of existing chemicals in commerce, known as the TSCA Chemical Substances Inventory, which is used to identify and regulate chemicals.
- Frank R. Lautenberg Chemical Safety for the 21st Century Act: In 2016, the TSCA was amended by this act, which strengthens the EPA's authority to assess and regulate chemicals, focusing on risk-based decisions and prioritizing chemicals for full risk-based safety assessments.
- Examples of Chemicals Regulated: The TSCA addresses the production, importation, use, and disposal of specific chemicals, including polychlorinated biphenyls (PCBs), asbestos, radon, and lead-based paint.
- TSCA Sections:
- Section 4: Requires testing of chemicals by manufacturers, importers, and processors where risks or exposures of concern are found.
- Section 5: Requires pre-manufacture notification for "new chemical substances" before manufacture and allows for the issuance of Significant New Use Rules (SNURs).
- Section 8: Requires reporting and record-keeping by persons who manufacture, import, process, and/or distribute chemical substances in commerce, and requires EPA to maintain the TSCA Inventory.
- Section 6(a): Authorizes EPA to issue regulations requiring actions to address unreasonable risks, including restricting or banning manufacture, processing, or distribution in commerce, or requiring warnings, instructions, or testing.