The Toxic Substances Control Act of 1976 (TSCA) regulates the manufacture, import, distribution, use, and disposal of new and existing chemicals in U.S. commerce. The Toxic Substances Control Act also restricts the use of certain existing substances, including asbestos, polychlorinated biphenyls (PCBs), dioxins, radon, metallic mercury, lead-based paint, and certain flame retardants.
The Toxic Substances Control Act is managed by the U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT) to evaluate health and environmental risks associated with new and existing chemicals, to reduce hazardous exposures, and to reduce environmental pollution.
Updates to the Toxic Substances Control Act
On January 6, 2021, OPPT published the final rules for Section 6(h) of TSCA. These rules restrict companies from distributing the following five toxic substances, or products containing these substances, in U.S. commerce:
- Phenol, isopropylated phosphate (3:1) (PIP 3:1).
- Decabromodiphenyl ether (DecaBDE).
- 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP).
- Hexachlorobutadiene (HCBD).
- Pentachlorothiophenol (PCTP).
From March 8, 2021, USEPA requires demonstration of due diligence, through recordkeeping and customer communication, if any of these substances are present in parts or products sold in the U.S.
Compliance & Enforcement
Under TSCA, the USEPA has the authority to require reporting, record-keeping, and testing, as well as restrict chemical substances and/or mixtures from being used in substance mixtures (e.g. polymer resins, lubricants) and treated articles (e.g. parts, products). Non-compliance with the act can lead to civil penalties calculated based on the number of days of non-compliance, imprisonment of up to one year, or even both. Assent’s TSCA solution will help you cost effectively comply with TSCA requirements and avoid the risk of non-compliance. For technical assistance and general information about TSCA programs, the EPA has a TSCA Hotline available at 202 554 1404.