Toxic Substances Control Act of 1976
The Toxic Substances Control Act (TSCA) is a United States law, passed by the 94th United States Congress in 1976 and administered by the United States Environmental Protection Agency (EPA), that regulates chemicals not regulated by other U.S. federal statutes,[1] including chemicals already in commerce and the introduction of new chemicals.[2][3][4] When the TSCA was put into place, all existing chemicals were considered to be safe for use and subsequently grandfathered in.[5] Its three main objectives are to assess and regulate new commercial chemicals before they enter the market, to regulate chemicals already existing in 1976 that posed an "unreasonable risk of injury to health or the environment", as for example PCBs, lead, mercury and radon, and to regulate these chemicals' distribution and use.[6]
"TSCA" redirects here. For the opera, see Tosca. For other uses, see Tosca (disambiguation).Long title
An Act to regulate commerce and protect human health and the environment by requiring testing and necessary use restrictions on certain chemical substances, and for other purposes.
TSCA
October 11, 1976
15 U.S.C. ch. 53, subch. I §§ 2601–2629
Contrary to what the name implies, TSCA does not separate chemicals into categories of toxic and non-toxic. Rather it prohibits the manufacture or importation of chemicals that are not on the TSCA Inventory or subject to one of many exemptions. Chemicals listed on the TSCA inventory are referred to as "existing chemicals", while chemicals not listed are referred to as new chemicals.[7] The TSCA defines the term "chemical substance" as "any organic or inorganic substance of a particular molecular identity, including any combination of these substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and any element or uncombined radical"[8] although TSCA excludes chemicals regulated by other federal statutes from the definition of a chemical substance.[9]
Generally, manufacturers must submit premanufacturing notification to EPA prior to manufacturing or importing new chemicals for commerce. Exceptions include foods, food additives, drugs, cosmetics or devices regulated under the Federal Food, Drug, and Cosmetic Act, pesticides regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, tobacco and tobacco products regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, substances used only in small quantities for research and development under Section 5(h)(3),[10][11] and radioactive materials and wastes regulated by the Nuclear Regulatory Commission. EPA reviews new chemical notifications and if it finds an "unreasonable risk of injury to health or the environment," it may regulate the substance from limiting uses or production volume to outright banning it. In 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act was the first major overhaul in many years.[12]
Chemical Substance Inventory (TSCA Inventory)[edit]
The TSCA Chemical Substance Inventory (TSCA Inventory) is EPA's comprehensive list of confidential and non-confidential chemical substances.[48] The non-confidential inventory is provided in Microsoft Access and CSV formats within ZIP files.[49][50] Inventory notification reporting is through an updated user interface in the Central Data Exchange (CDX) Chemical Safety and Pesticide Programs (CSPP) web application for company-authorized officials and their support; there is no role for the public to access the CDX CSPP web app.[51] The Toxics Release Inventory (TRI) is a different inventory for Superfund reporting.
Reform bills[edit]
Prior to 2015[edit]
On May 23, 2013, Senators David Vitter (R-LA) and Frank Lautenberg (D-NJ), introduced a TSCA reform bill, co-sponsored by a number of other senators at the United States House Energy Subcommittee on Environment and Economy.[97] The main focus of this effort was to amend TSCA's subsection S.1009, the Chemical Safety Improvement Act (CSIA). The Environmental Defense Fund, felt it would have given the EPA many critical tools to strengthen the provisions on public health protection and improved TSCA.[98]
The bill's key revision included "mandating safety evaluations for all chemicals in active commerce, requiring new chemicals to be deemed likely safe before entering the market, fixing the key flaws in TSCA's safety standard that led to the EPA's inability to ban asbestos, allowing the EPA to order testing without first having to show potential risk, and making more information about chemicals available to states, health professionals and the public by limiting current trade secret allowances."[63]
The CSIA would have required states to co-enforce any requirements laid out by the EPA, i.e. to have funding and man-power to enforce all regulations that the EPA decided on, and causing a disconnect in partnerships between the state, federal government, and communities.[99]
The 2014 West Virginia Chemical Spill created many controversies regarding CSIA. no data on the spilled chemical were available, including data on repeated dose toxicity, carcinogenicity, reproductive toxicity, specific target organ toxicity, and repeated exposure.[100] On February 4, 2014, the Senate Committee on Environment and Public Works held hearings on the CSIA right after the incident.[97] In the aftermath of the spill, the House approved a bill 95-0 which provides safeguards for chemical storage tanks and public water supplies. It included new requirements on early detection technology and plans that protect against drinking water contamination.[101]
The CSIA was supported by the National Hispanic Medical Association, the Environmental Defense Fund], the American Academy of Pediatrics, The Humane Society, The New York Times, the Washington Post,[102] the Chicago Tribune, the American Alliance for Innovation,[103] the International Association of Machinists and Aerospace Workers,[104] North America's Building Trades Union[105] SMART-Transportation Division,[106] International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers,[107] the American College of Occupational and Environmental Medicine],[108] the International Brotherhood of Electrical Workers[109] and Third Way.[110][111]
2015[edit]
In March 2015, Senator Tom Udall (D, NM) sponsored Senate bill 697, to amend and reauthorize TSCA, called the "Frank R. Lautenberg Chemical Safety for the 21st Century Act".[112] Environmental, health and labor organizations and several states criticized it, because "it would gut state chemical regulations".,[113] but officials from the EPA and Administrator Gina McCarthy have testified that the bill meets all of the Obama Administration's principles for TSCA reform and that the Administrator was "encouraged" by the bipartisan progress.[114]
In addition, the Environmental Defense Fund supports S. 697, stating that it "will give [the] EPA the tools necessary to better ensure the safety of chemicals and significantly strengthen health protections for American families."[115] Senate bill 725, introduced by Senator Barbara Boxer (D-CA) and Senator Edward Markey (D-MA), also called the "Alan Reinstein and Trevor Schaefer Toxic Chemical Protection Act", would enable the EPA to quickly assess the safety of more chemicals and allow new state policies.[113]
In June 2015 the House passed H.R.2576, the TSCA Modernization Act of 2015, and was referred to the Senate.[116]
On January 20, 2016, Gina McCarthy, the EPA Administrator, sent a letter to Congress detailing the EPA's positions on S. 697 and H.R. 2576.[117] The letter points out support and concern for a number of topics related to TSCA reform, including: Deadlines for action, elimination of the "least burdensome" requirement for Section 6 regulation, a sustained source of funding, existing chemical review prioritization, consistent applicability of a new TSCA safety standard for both new and existing chemicals, transparency and confidential business information, chemicals contained in articles, and state preemption.[118]
Congress passed a reconciled version of the reform bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, with bipartisan support in early June 2016. On Wednesday, June 22, 2016, President Barack Obama signed the bill into law, remarking that "even in the current polarized political process here in Washington, things can work." Lawmakers and industry groups were largely supportive of the new law, while environmental advocates offered more mixed reactions.[119]