TSCA

Scope

TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon and lead-based paint.

Regulatory citations

• 40 CFR 700-799

Key definitions

• Article: A manufactured item (1) which is formed to a specific shape or design during manufacture, (2) which has end use function(s) dependent in whole or in part upon its shape or design during end use, and (3) which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article, and that result from a chemical reaction that occurs upon end use of other chemical substances, mixtures, or articles; except that fluids and particles are not considered articles regardless of shape or design.
• Byproduct: A chemical substance produced without a separate commercial intent during the manufacture, processing, use, or disposal of another chemical substance(s) or mixture(s).
• Customer: Any person to whom a manufacturer, importer, or processor directly distributes any quantity of a chemical substance, mixture, mixture containing the substance or mixture, or article containing the substance or mixture, whether or not a sale is involved.
• Import: To import for commercial purposes.
• Import for commercial purposes: To import with the purpose of obtaining an immediate or eventual commercial advantage for the importer, and includes the importation of any amount of a chemical substance or mixture. If a chemical substance or mixture containing impurities is imported for commercial purposes, then those impurities also are imported for commercial purposes.
• Importer: (1) any person who imports any chemical substance or any chemical substance as part of a mixture or article into the customs territory of the United States.
• Manufacture: To manufacture for commercial purposes.
• Manufacture for commercial purposes: (1) To import, produce, or manufacture with the purpose of obtaining an immediate or eventual commercial advantage for the manufacturer, and includes among other things, such “manufacture” of any amount of a chemical substance or mixture:
  • For commercial distribution, including for test marketing.
  • For use by the manufacturer, including use for product research and development, or as an intermediate.
  (2) Manufacture for commercial purposes also applies to substances that are produced coincidentally during the manufacture, processing, use, or disposal of another substance or mixture, including both byproducts that are separated from that other substance or mixture and impurities that remain in that substance or mixture. Such byproducts and impurities may, or may not, in themselves have commercial value. They are nonetheless produced for the purpose of obtaining a commercial advantage since they are part of the manufacture of a chemical product for a commercial purpose.
• Manufacturer: A person who imports, produces, or manufactures a chemical substance. A person who extracts a component chemical substance from a previously existing chemical substance or a complex combination of substances is a manufacturer of that component chemical substance.
• Process: To process for commercial purposes.
• Process for commercial purposes: The preparation of a chemical substance or mixture after its manufacture for distribution in commerce with the purpose of obtaining an immediate or eventual commercial advantage for the processor. Processing of any amount of a chemical substance or mixture is included in this definition. If a chemical substance or mixture containing impurities is processed for commercial purposes, then the impurities also are processed for commercial purposes.
• Processor: Any person who processes a chemical substance or mixture.
• Production volume: The quantity of a substance which is produced by a manufacturer, as measured in kilograms or pounds.
• Propose to manufacture, import, or process: A person has made a firm management decision to commit financial resources for the manufacture, import, or processing of a specified chemical substance or mixture.
• Substance: Either a chemical substance or mixture unless otherwise indicated.
• TSCA: The Toxic Substances Control Act, 15 U.S.C. 2601 et seq.

Summary of requirements

• For the manufacture, import, or processing of new chemicals, or for significant new uses of existing chemicals, complete and submit required notices and applications.
• Keep careful records of listed chemicals and comply with chemical reporting requirements.
• Follow the inspection and reinspection requirements for asbestos in schools.
• For work that disturbs lead-based paint in child-occupied housing, follow safe work practices during renovation and disposing of lead-contaminated materials.
• For lead abatement projects, comply with the certification, training, and notification requirements.
• Comply with the notification and labeling requirements to protect customers from the hazards of formaldehyde in pressed wood products.