Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) of 1976 is a federal legislation that established authority for the Environmental Protection Agency (EPA) to require reporting, record-keeping and record-testing requirements, and restrictions relating to chemical substances and/or mixtures in commerce. EPA excluded certain substances such as foods, drugs, cosmetics, pesticides, and several other specialized chemicals. TSCA legislation provides EPA authority to mandate that EPA must be notified of the new chemical substance before it is manufactured and placed into commerce in the United States. Further, testing of the new chemicals by manufacturers, importers, and processors is required if it is determined that there are health or environmental risks of exposure. EPA can also issue a significant new use rule if a new use of an existing chemical could result in additional health or environmental risks of exposure. EPA can impose certification reporting or other health or environmental risk mandates on those importing or exporting chemicals in commerce in the United States. TSCA provides EPA with the authority to require various record keeping for those who manufacture, import, process, and/or distribute chemical substances in commerce as well as require that these individuals or industries immediately report to EPA any chemical or mixture that is thought to pose a substantial risk of injury to the health or the environment, except where EPA has been adequately informed of such information. TSCA is further required to maintain the TSCA Inventory, which currently contains >85 000 chemicals. As new chemicals are commercially manufactured or imported and subsequently reported to EPA, they are placed on the list. TSCA has been amended to specifically regulate asbestos-, radon-, and lead-based paints in 1986, 1988, and 1992, respectively. Recently, the Safe Chemicals Act of 2011 (S 847) has been proposed to modernize TSCA calling for more testing and access to chemical information. Critics indicate that the Act provides EPA with unprecedented authority over the chemical industry by requiring allegedly unjustified testing and forcing the industry into excess testing expenses regardless of the potential for human exposure. As of June 2012, there is no forward legislative movement for the Safe Chemical Act of 2011.