What is TSCA?

The Toxic Substances Control Act (TSCA) is a United States law that regulates the introduction of new or already existing chemicals.

The Act authorizes the Environmental Protection Agency (EPA) to secure information on all new and existing chemical substances, as well as to control any of the substances that were determined to cause unreasonable risk to public health or the environment. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides.

TSCA protects human health and the environment by, among other things, authorizing EPA to issue rules requiring the testing of specific chemicals and to establish regulations that restrict the manufacturing, processing, distribution in commerce, use and disposal of chemicals and mixtures. TSCA authorizes EPA to:

  • Gather basic information on chemical risks from chemical manufacturers and processors

  • Require companies to test chemicals and mixtures for toxic effects

  • Review most new chemicals before they are manufactured

  • Prevent unreasonable risks by regulating chemicals and mixtures, ranging from hazard warning labels to the outright ban on the manufacture, processing, distribution in commerce or use of certain chemicals and mixtures.

What is a chemical substance?

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." The EPA states: "TSCA defines ‘chemical substance’ broadly and in terms which cover microorganisms as well as traditional chemicals."

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EPA has the authority to require manufacturers or processors of chemicals and mixtures to conduct testing to evaluate the health and environmental effects of such chemicals. EPA can exercise this authority only when it finds the following:

  • The chemical or mixture involved may present an unreasonable risk of injury to health or the environment

  • The chemical or mixture will be produced in substantial quantities and is expected to enter the environment in substantial quantities or to result in significant or substantial human exposure

  • Insufficient data are available to reasonably predict the chemical’s or mixture's effects on health and the environment

  • Testing is deemed necessary to obtain the needed data

To require testing of mixtures, EPA must also find that the effects of the mixture may not be reasonably and more efficiently determined by testing the component chemicals.

The Toxic 5

Six chemical substances receive special attention under TSCA: PCBs, asbestos, radon, lead, mercury, and formaldehyde.

  1. PCBs: Congress singled out PCBs in 1976 by implementing a phased ban on the manufacture, processing, use and distribution in commerce of PCBs and requiring EPA to promulgate PCB disposal regulations.

  2. Asbestos: In 1986, Congress enacted the Asbestos Hazard Emergency Response Act (AHERA) and amended the act in 1990 to modify EPA’s school asbestos remediation program.

  3. Radon: Radon received special attention in 1988 when Congress set as a long-term national goal that indoor radon levels are not to exceed outside ambient levels.

  4. Lead: In 1992, Congress enacted TSCA Title IV to create a national program to achieve the national goal of eliminating lead-based paint hazards from housing as expeditiously as possible. In 2007, Congress enacted TSCA Title V, authorizing EPA to establish a state grant program to provide technical assistance on EPA environmental programs for schools and to implement school environmental health programs. Title V also requires EPA to develop guidance addressing, among other things, school siting.

  5. Formaldehyde: Title VI of TSCA, the Formaldehyde Standards for Composite Wood Products Act, establishes limits for formaldehyde emissions from composite wood products: hardwood plywood, medium-density fiberboard, and particleboard. EPA has been directed by Congress to promulgate final regulations implementing the Act by January 1, 2013.