• TSCA prohibits export of PCBs.
• Export of metallic mercury is also prohibited.

Section 6 of the Toxic Substances Control Act (TSCA) contains export requirements applicable to some specific chemicals:

• PCBs — Section 6(e) of TSCA prohibits export of polychlorinated biphenyls (PCBs). See 40 CFR 761 for regulations on the export of PCBs. In certain limited circumstances, the Environmental Protection Agency (EPA) may grant exemptions to allow export of PCBs, provided statutory and regulatory requirements are met.
• Elemental (metallic) mercury — The Mercury Export Ban Act was signed into law on October 14, 2008. The law intends to reduce the availability of elemental (metallic) mercury in domestic and international markets. By reducing the supply of metallic mercury in commerce, the Act aims to reduce the use of mercury for commercial purposes globally. The Act’s three main provisions are the following:
  • Federal agencies are prohibited from conveying, selling, or distributing metallic mercury that is under their control or jurisdiction. This includes stockpiles held by the Departments of Energy (DOE) and Defense (DOD).
  • Export of metallic mercury is prohibited from the U.S. beginning January 1, 2013.
  • DOE shall designate one or more DOE facilities for long-term management and storage of metallic mercury generated within the U.S. This designation began on January 1, 2010.

• Any person residing in the U.S. may petition EPA for an exemption from the prohibition on export of metallic mercury.

In addition to the chemicals listed above, export requirements or prohibitions apply to the following types of chemicals covered by TSCA section 6 regulations:

• Certain chemical substances that may be used in metalworking fluids and that are regulated under 40 CFR 747.
• Certain hexavalent-chromium-based water treatment chemicals that are regulated under 40 CFR 749.68.
• Certain asbestos-containing products that are regulated under 40 CFR 763.