What is EPA TSCA?
Summary. The Toxic Substances Control Act (TSCA) of 1976 provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures.
What is covered under TSCA?
TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon and lead-based paint. Various sections of TSCA provide authority to: Require, under Section 5, pre-manufacture notification for “new chemical substances” before manufacture.
What materials are subject to TSCA?
Chemical substances regulated by TSCA include: “Any organic or inorganic substances of a particular molecular identity including any combination of such substances occurring, in whole or in part, as a result of chemical reaction or occurring in nature and any element or uncombined radical.”
What products does TSCA apply to?
TSCA applies to manufacturers, importers, and processors of chemical substances. TSCA covers any new or existing commercial chemical substances and mixtures. TSCA requires that the EPA be notified at least 90 days before the manufacture or import of a new chemical substance for commercial purposes.
What does it mean to be TSCA compliant?
The Toxic Substances Control Act of 1976 (TSCA) is a federal regulation that allows the U.S. Environmental Protection Agency (EPA) to comprehensively manage chemicals in U.S. commerce. TCSA Compliance can require companies to restrict and remove substances from products to maintain U.S. market access.
How do you determine if a chemical is subject to TSCA?
For purposes of regulation under TSCA, if a chemical is on the Inventory, the substance is considered an “existing” chemical substance in U.S. commerce. Any chemical that is not on the Inventory is considered a “new chemical substance.”
What products are not subject to TSCA?
A few categories of chemical products are not subject to TSCA regulation:
- Pesticides regulated under FIFRA (the federal pesticide regulation)
- Tobacco and tobacco products regulated under the ATF.
- Radioactive materials regulated by the NRC.
- Foods, food additives, drugs, and cosmetics regulated by the FDA.
How do I know if a chemical is subject to TSCA?
Who must certify TSCA?
Certification Statements. An importer’s statement must certify either that the chemical shipment is: subject to TSCA and complies with all applicable rules and orders (positive certification) or that the chemical shipment is not subject to TSCA (negative certification)
Who needs to fill out the TSCA form?
Under U.S. Customs and Border Protection (CBP) regulations implementing TSCA section 13, importers are required to certify that imported chemicals either comply with TSCA (positive certification) or, if they are not clearly identified as excluded from TSCA, are not subject to TSCA (negative certification).
What if a chemical is not on TSCA list?
The TSCA Inventory is a list of more than 80,000 chemicals in commercial production and use in the United States. If a chemical is not on it, a company generally must file a premanufacture notice (PMN) with EPA 90 days prior to commercial production.
Do I need a TSCA form?
Customs can refuse entry of any shipment that does not have a TSCA certification. TSCA certificate is not required for articles and tobacco products. For other chemicals, you may follow the picture below to determine whether you need a positive certification or a negative certification.