Legal Definitions - TSCA

The Toxic Substances Control Act (TSCA) is a United States federal law that grants the Environmental Protection Agency (EPA) the authority to regulate chemical substances. Its primary purpose is to assess and manage the risks associated with the manufacture, processing, distribution, use, and disposal of commercial chemicals, preventing unreasonable risks to human health and the environment. TSCA empowers the EPA to require testing of chemicals, review new chemicals before they enter the market, and restrict or ban chemicals that pose significant risks.

Here are some examples of how TSCA applies:

• Example 1: Introducing a New Chemical

  A chemical company develops a novel compound intended for use as a biodegradable plasticizer in consumer goods. Before they can begin commercial manufacturing and distribution of this new chemical, TSCA requires them to submit a Premanufacture Notice (PMN) to the EPA. This notice includes information about the chemical's identity, intended uses, production volume, and any known or anticipated health and environmental effects. The EPA then reviews this information to determine if the chemical poses an unreasonable risk before it enters the market.

  This illustrates TSCA's role in requiring pre-market review of new chemical substances to identify and mitigate potential hazards before widespread exposure.

• Example 2: Regulating an Existing Chemical

  After new scientific studies reveal that a chemical widely used in dry cleaning solvents poses a significant risk of cancer to workers and nearby communities, the EPA can initiate action under TSCA. The agency might propose a rule to restrict the chemical's use, mandate specific protective measures for workers, or even ban its production and import if less restrictive measures are insufficient to address the unreasonable risk.

  This demonstrates TSCA's authority to evaluate and regulate existing chemicals already in commerce, allowing the EPA to impose restrictions or prohibitions when new information reveals unacceptable risks.

• Example 3: Data Collection and Reporting

  A manufacturer produces several chemical intermediates that are used in the production of paints and coatings. Under TSCA, this manufacturer is required to periodically report to the EPA on the volume of these chemicals produced, their uses, and any significant adverse reactions or health effects that have been reported to them. This data helps the EPA maintain an inventory of chemicals in commerce and identify potential areas of concern for future risk assessments.

  This example highlights TSCA's provisions for ongoing data collection and reporting, which are crucial for the EPA to monitor chemical production, use, and potential impacts over time.