The Toxic Substances Control Act (TSCA), enacted in 1976, grants the Environmental Protection Agency (EPA) the authority to regulate commerce and use restrictions on chemicals that may pose an unreasonable risk to human health or the environment. We asked our team of experts some frequently asked questions related to TSCA and provided their answers below.
TSCA aims to assess and regulate new and existing chemicals in the U.S. market before they enter the country. The act consists of six titles, each with its own specific regulations:
The EPA administers TSCA. The agency has the authority to:
Entities or persons that manufacture, process, distribute, use, and/or dispose of chemicals must comply. This includes:
The EPA has maintained the TSCA Inventory since 1977, consisting of over 86,000 chemicals manufactured or processed in the U.S. New chemicals are added to the list after manufacturers or processors have submitted a pre-manufacture notice (PMN) and a notice of commencement (NOC).
Substances administered by other federal agencies are not within the scope of TSCA, including:
Substances used in small amounts for the purpose of research and development may also be exempt from TSCA regulation.
The TSCA Chemical Data Reporting Rule (CDR) requires manufacturers and importers to report the production and use of chemicals in commerce to the EPA. Under this rule, the EPA collects information on the types, quantities, and uses of chemical substances that are either produced or imported into the U.S. If production volumes for a chemical are equal to or greater than 25,000 lbs. in a reporting year, manufacturers and importers must provide information every four years.
Any chemical not on the Toxic Substances Control Act Inventory is considered a new chemical substance. An existing chemical can also be considered new if a “significant new use” of the chemical could impact human health or the environment.
Determining if a chemical is on the Inventory before manufacturing (and importing) a chemical substance is critical. Section 5 of TSCA requires manufacturers of new chemical substances for non-exempt commercial purposes to provide the EPA with a PMN at least 90 days in advance.
The Federal Government primarily oversees TSCA regulatory authority and program implementation. However, States can receive the EPA's authorization to operate their programs for some parts of the statute. TSCA Title IV enables States to develop additional accreditation and certification programs and standard work for lead-related inspection, risk assessment, renovation, and abatement – as long as they are at least as protective as the existing standards set by the EPA.
TSCA enables the EPA to criminally charge non-compliant companies that “knowingly or willfully” violate TCSA regulations. Depending on the criminal provision, consequences for individuals range from a $50,000 fine per day and one year in prison to $250,000 in fines and 15 years in prison. Corporations face a maximum $1,000,00 fine per violation.
Source Intelligence’s TSCA program facilitates data collection and validation, document generation, and risk mitigation to help companies streamline TSCA compliance requirements. With powerful compliance software and fully managed service options, our team is here to help regardless of the level of support your company needs.
Explore our TSCA program to learn more and discover what it can do for your business.