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Introduction
  • TSCA authorizes EPA to discover and maintain information on all new and existing chemical substances.
  • TSCA is divided into six titles and codified into six subchapters of the U.S. Code.

The Toxic Substances Control Act (TSCA) specifically states that it is the policy of the U.S. that:

  • Adequate information should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such information should be the responsibility of those who manufacture and those who process such chemical substances and mixtures;
  • Adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and
  • Authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this law to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment.

Overview

TSCA was signed into law on October 11, 1976. The Act authorizes the Environmental Protection Agency (EPA) to discover and maintain information on all new and existing chemical substances. EPA must also control any of the substances that are determined to cause an unreasonable risk to public health or the environment.

The Act is divided into six titles and codified into six subchapters of the U.S. Code:

TCSA title numberNameIncludes TCSA section number(s)Codified in Title 15 of U.S. Code as
IControl of Toxic Substances2 to 30Subchapter I (Sections 2601 to 2629)
IIAsbestos Hazard Emergency Response201 to 216Subchapter II (Sections 2641 to 2656)
IIIIndoor Radon Abatement301 to 311Subchapter III (Sections 2661 to 2671)
IVLead Exposure Reduction401 to 412Subchapter IV (Sections 2681 to 2692)
VHealthy High-Performance Schools501 to 505Subchapter V (Sections 2695 to 2695d)
VIFormaldehyde Standards for Composite Wood Products601Subchapter VI (Section 2697)

The requirements of TSCA are often referred to by their section number (sections 2 to 601) in the Act. However, because TSCA is also codified in the U.S. Code, TSCA itself is cited as 15 U.S.C. 2601et seq.

To complicate matters, TSCA authorized EPA to implement federal regulations. These regulations are found in the Code of Federal Regulations at 40 CFR 700 to 799. In addition, the U.S. Customs and Border Protection (CBP) regulations implementing TSCA section 13 for importers can be found at 19 CFR 12.118 to .127.