• Requirements for chemicals regulated under TSCA apply to chemicals manufactured in the U.S. and imported into the U.S.
• TSCA does not allow chemical evaluation and restriction to be delegated to states.
• There are certain noteworthy major sections in Title I of TSCA.

The Toxic Substances Control Act (TSCA) directs the U.S. Environmental Protection Agency (EPA) to evaluate the lifecycle (i.e., manufacture, importation, processing, distribution, use, and disposal) of industrial and commercial chemicals for unreasonable risks and, if warranted, to regulate such chemicals.

TSCA, as amended, requires EPA to gather existing information from chemical manufacturers, processors, and distributors about risks that industrial and commercial chemicals may present to human health or the environment. Prior to introducing a new chemical into commerce, its manufacturer must notify EPA to allow the agency to evaluate the chemical for unreasonable risks. Similar notification requirements apply to existing chemicals proposed for uses determined by EPA to be “significant new uses.”

If EPA has inadequate information about a chemical to determine whether it presents unreasonable risks, the agency may require the manufacturer to develop new information necessary to evaluate risks. TSCA establishes a framework to protect from disclosure submitted information that warrants confidential treatment.

To identify which chemicals may warrant regulation, TSCA requires EPA to systematically prioritize chemicals for risk evaluation. Based on the evaluation, EPA must regulate those chemicals that present unreasonable risks to ensure they no longer do so. Regulatory options available to EPA range from labeling requirements to an outright ban on manufacturing. TSCA directs EPA to take expedited action on chemicals that exhibit characteristics known to present greater risks. Additionally, TSCA authorizes EPA to expedite review of chemicals that present significant risk of serious or widespread harm and initiate enforcement actions against imminently hazardous chemicals.

Requirements for chemicals regulated under TSCA apply to chemicals manufactured in the U.S. and imported into the U.S. TSCA establishes additional procedures for handling imports of chemicals for which EPA has promulgated requirements under the Act. Chemicals marked for export only are subject to recordkeeping and reporting requirements unless EPA has required the development of new information or established a requirement to protect against unreasonable risk.

TSCA authorizes citizen petitions and citizen suits to challenge EPA’s implementation and enforce certain requirements under TSCA through litigation. Additionally, TSCA includes enforcement provisions and establishes civil and criminal penalties for violations.

TSCA does not allow chemical evaluation and restriction to be delegated to states. While states may evaluate and regulate chemicals under their own authorities, TSCA provides an explicit, though limited, preemption of state requirements for chemicals that EPA has evaluated and either determined to present no unreasonable risks or regulated to protect against unreasonable risks. The Act generally preserves long-standing state requirements and allows preemption waivers under certain circumstances.

Congress funds TSCA activities through annual discretionary appropriations. The Act also authorizes EPA to collect fees from chemical manufacturers and processors to partially defray costs that the agency may incur from implementing the statute.

Major sections of TSCA Title I

While the sections in Title I of TSCA number from 2 to 30, the major sections are as follows:

• Section 4 Testing of Chemical Substances and Mixtures — Provides that EPA can issue rules to require companies to generate hazard and exposure information through specific tests or measurements on chemicals in certain circumstances.
• Section 5 Manufacturing and Processing Notices — Prevents future risks through premanufacture screening and regulatory tracking of new chemical products. Significant new use rules can be used to require notice to EPA before new or existing chemical substances and mixtures are used in new ways that might create concerns. EPA can also compile and keep current a list of chemical substances that present or may present an unreasonable risk of injury to human health or the environment.
• Section 6 Prioritization, Risk Evaluation, and Regulation of Hazardous Chemical Substances and Mixtures — Provides for the regulation of hazardous existing chemical substances and mixtures. This includes the control of unreasonable risks already known, risks from polychlorinated biphenyls (PCBs), and risks for existing chemicals that may be discovered in the future.
• Section 8 Reporting and Retention of Information — Requires EPA to gather and disseminate information about chemical production, use, and possible adverse effects to human health and the environment. This section authorizes EPA to maintain the TSCA Inventory.
• Section 9 Relationship to Other Federal Laws — Governs the relationship of TSCA to other federal laws.
• Section 12 Exports — Outlines export notification requirements for any person who exports or intends to export a chemical substance or mixture subject to certain TSCA regulations.
• Section 13 Entry into Customs Territory of the United States — Details import certification requirements that must be met before importing a chemical substance, mixture, or article containing a chemical substance or mixture into the U.S.
• Section 21 Citizens’ Petitions — Allows citizens to petition EPA to take specific regulatory actions on chemicals and mixtures under TSCA.