Toxic substances control laws in the United States and enforcement agencies

About TSCA

The Toxic Substances Control Act (TSCA) is one of the important laws of the United States, passed by Congress in 1976 to regulate the production, use, distribution, treatment and disposal of industrial chemicals. TSCA gives the U.S. Environmental Protection Agency (EPA) broad authority to manage the potential effects of chemicals on public health and the environment.

TSCA not only targets new chemicals, but also regulates those that were on the U.S. market before the law was enacted. TSCA plays a central role in the U.S. chemical management system, protecting people from potential chemical risks, and helping the chemical industry grow responsibly.

History and development

In the 1970s, the rapid development of the chemical industry along with major environmental pollution incidents raised concerns about chemical safety for human health and ecosystems. Prior to TSCA, the majority of chemicals were brought to market without a proper risk assessment process. To remedy this, the U.S. Congress passed TSCA in 1976, giving the EPA comprehensive oversight of industrial chemicals.

However, the original TSCA was criticized by many scientists, environmental groups, and state governments as ineffective, because the assessment of chemicals that existed before 1976 was very limited. In 2016, Congress passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which extensively amends the TSCA to strengthen health and environmental protections.

Key points of TSCA

1. New Chemical Registration and Notification: Each new chemical must be notified to the EPA before it is manufactured or imported. EPA will assess the risk and may require additional information or restrict or ban the product if the chemical poses a significant risk.
2. Regulatory Chemicals: TSCA requires the EPA to establish and maintain a Substances Inventory, which includes all commercial chemicals in the U.S. The EPA is responsible for re-evaluating these chemicals and recommending appropriate regulatory action.
3. Risk assessment and management: EPA identifies chemicals that pose a high risk to health or the environment; conduct a scientific assessment of the level of risk and propose regulations to control, restrict, or prohibit its use when necessary.
4. Information security requirements: TSCA allows businesses to request the confidentiality of certain sensitive information, but the EPA still has access to this data during the review process.
5. Import and Export Regulations: All imported and exported chemicals must comply with TSCA standards, including notifying EPA of the purpose of use and origin of the chemical.
6. Restriction of Use and Prohibition of Hazardous Chemicals: EPA reserves the right to issue orders that restrict, completely or partially prohibit the production, use, or distribution of chemicals that are considered hazardous.

EPA’s Role in TSCA Enforcement

The U.S. Environmental Protection Agency (EPA) is the primary entity responsible for enforcing TSCA. Specifically, EPA performs the following tasks:

1. Receiving, evaluating and processing dossiers for registration of new chemicals or chemicals in circulation.
2. Conduct studies and assess risks to human health and the environment from chemicals.
3. Make decisions on measures to control, restrict or prohibit the use of chemicals.
4. Develop regulations that guide the implementation of TSCA for businesses and stakeholders.
5. Supervise and inspect the compliance with TSCA laws in the chemical industry.
6. Implement educational programs and raise public awareness about chemical hazards.
7. Cooperate with other government agencies and international organizations to control toxic chemicals across borders.

TSCA Chemical Evaluation Process

The process of evaluating chemicals under the TSCA consists of several steps:

1. Businesses send PMN (Premanufacture Notice) to EPA before producing new chemicals.
2. EPA has 90 days to review, evaluate the application, and decide whether additional information, additional testing, or restriction/zoning of the chemical is needed.
3. For chemicals already on the market, the EPA selects priority compounds for further risk assessment based on the following criteria: carcinogenicity, reproductive toxicity, environmental impact, annual use, risk of community exposure, etc.
4. After the review, the EPA came up with management measures: from requiring warning labeling, banning its use in certain areas, to banning it altogether if it is not possible to effectively control the risk.

Major changes under the Frank R. Lautenberg Act (2016)

In 2016, TSCA was modernized with many strong new features:

1. Mandatory chemical risk assessment is required based on public health and safety standards, without taking into account the cost factor.
2. The EPA must identify high-priority chemicals and conduct the assessment within a clear, transparent timeframe.
3. Increase public access to information about hazardous chemicals.
4. Simplify and accelerate the process of evaluating and approving new chemicals.
5. Expand the scope of management with consumer products, children’s toys, household appliances containing toxic chemicals.

Some typical chemicals are controlled under TSCA

The EPA has used its authority to control or ban a variety of hazardous chemicals, including:

1. Polychlorinated biphenyls (PCBs): Completely banned in the United States since 1979.
2. Asbestos (asbestos): Strictly controlled due to cancer risk.
3. Lead in paints, consumer products: Maximum restriction, especially for children’s toys.
4. Flame retardants PBDEs, PBBs: Tightly controlled due to the risk of neurological and endocrine effects.
5. Triclosan, chemicals contained in antibacterial agents, cosmetics, personal care.

TSCA’s impact on business and society

TSCA has a profound impact on businesses that manufacture and import chemicals and consumer products containing chemicals in the United States. Businesses must comply with chemical registration, control, and evaluation processes, provide transparent information to the EPA and the public, and invest in research and development of safer products.

TSCA also creates legal frameworks to help protect public health from the invisible dangers of industrial chemicals, raise social awareness, promote pollution control science and protect the environment.

TSCA is the foundational law that lays the foundation for the modern chemical management system in the United States, contributing to the protection of public health and the environment in the face of the strong development of the chemical industry. The EPA’s role in TSCA enforcement is extremely important, constantly strengthening and expanding over time. TSCA compliance is not only a legal responsibility of the business, but also a national commitment to a safe, sustainable future.