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The Toxic Substances Control Act (TSCA) applies to chemical substances, which the statute defines broadly to include substances that have a “particular molecular identity.” This includes:
It is important to note that the term chemical substance also includes microorganisms. A microorganism is defined as “an organism classified, using the five-kingdom classification system of Whittacker, in the kingdoms Monera (or Procaryotae), Protista, Fungi, and the Chlorophyta and the Rhodophyta of the Plantae, and a virus or virus-like particle.”
Exclusions
To avoid redundancy with other federal pollution control and public health laws, Congress generally excluded from regulation groups of chemicals where the risks were considered sufficiently addressed under such other laws. Congress also specifically excluded the following substances without regard to their regulation under other laws:
Since the exclusions are generally framed based on the intended uses of a chemical substance (e.g., a pesticide), the same chemical substance may be subject to TSCA and other federal pollution control and public health laws depending on the intended use. For example, the Environmental Protection Agency (EPA) has examined the risks of bisphenol A under TSCA with regard to its use in manufacturing polycarbonate plastics and epoxy resins. However, the use of bisphenol A as a food contact substance is not covered by TSCA based on the statutory exclusion.
Note on mixtures and articles
Although the definition of a chemical substance excludes mixtures, multiple TSCA provisions apply to mixtures. A mixture is defined as:
Generally, a mixture is subject to requirements under TSCA if the requirements that pertain to its constituent chemical substances will not result in adequate evaluation or control of the risks anticipated from the mixture.
Additionally, as a practical matter, articles (i.e., manufactured items) that contain chemical substances subject to TSCA may be regulated by the Act to the extent that those chemical substances present an unreasonable risk or meet other criteria.
The Toxic Substances Control Act (TSCA) applies to chemical substances, which the statute defines broadly to include substances that have a “particular molecular identity.” This includes:
It is important to note that the term chemical substance also includes microorganisms. A microorganism is defined as “an organism classified, using the five-kingdom classification system of Whittacker, in the kingdoms Monera (or Procaryotae), Protista, Fungi, and the Chlorophyta and the Rhodophyta of the Plantae, and a virus or virus-like particle.”
Exclusions
To avoid redundancy with other federal pollution control and public health laws, Congress generally excluded from regulation groups of chemicals where the risks were considered sufficiently addressed under such other laws. Congress also specifically excluded the following substances without regard to their regulation under other laws:
Since the exclusions are generally framed based on the intended uses of a chemical substance (e.g., a pesticide), the same chemical substance may be subject to TSCA and other federal pollution control and public health laws depending on the intended use. For example, the Environmental Protection Agency (EPA) has examined the risks of bisphenol A under TSCA with regard to its use in manufacturing polycarbonate plastics and epoxy resins. However, the use of bisphenol A as a food contact substance is not covered by TSCA based on the statutory exclusion.
Note on mixtures and articles
Although the definition of a chemical substance excludes mixtures, multiple TSCA provisions apply to mixtures. A mixture is defined as:
Generally, a mixture is subject to requirements under TSCA if the requirements that pertain to its constituent chemical substances will not result in adequate evaluation or control of the risks anticipated from the mixture.
Additionally, as a practical matter, articles (i.e., manufactured items) that contain chemical substances subject to TSCA may be regulated by the Act to the extent that those chemical substances present an unreasonable risk or meet other criteria.