Sections Labeling PCB-containing transformers EPA flyer on lead-based paint disclosure New chemicals are defined as "any chemical substance which is not included in the chemical substance list compiled and published under section 8(b)." This list included all chemical substances manufactured or imported into the United States prior to December 1979, which covered 99% of the EPA's mandate in the bill, including some 8,800 chemicals imported or produced at quantities above 10,000 pounds. Existing chemicals include any chemical currently listed on the TSCA Inventory under TSCA section 8(b). The distinction is made because the act regulates the two categories of chemicals in different ways. The types of chemicals regulated by the act fall into two broad categories: existing and new. For example, EPA banned the use of methylene chloride in consumer paint and coating removal products. The act gave the EPA the authority to gather information on and require manufacturers (and importers) to test products, required the EPA to create a listing of existing chemicals and the industry to notify EPA of new chemicals being produced, and gave the EPA the ability to regulate chemical production and use. Instead, like FIFRA (the Federal Insecticide, Fungicide, and Rodenticide Act), TSCA regulates commercial products. This act does not address pollution, which is regulated through the Clean Air Act, Clean Water Act and the Resource Conservation and Recovery Act. The Toxic Substances Control Act of 1976 mandated the EPA to protect the public from "unreasonable risk of injury to health or the environment" by regulating the manufacture, processing, distribution, use, sale, and disposal of chemicals. Lautenberg Chemical Safety for the 21st Century Act was the first major overhaul in many years. 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. 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), and radioactive materials and wastes regulated by the Nuclear Regulatory Commission. Generally, manufacturers must submit premanufacturing notification to EPA prior to manufacturing or importing new chemicals for commerce. 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" although TSCA excludes chemicals regulated by other federal statutes from the definition of a chemical substance. Chemicals listed on the TSCA inventory are referred to as "existing chemicals", while chemicals not listed are referred to as new chemicals. Rather it prohibits the manufacture or importation of chemicals that are not on the TSCA Inventory or subject to one of many exemptions. Ĭontrary to what the name implies, TSCA does not separate chemicals into categories of toxic and non-toxic. 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. When the TSCA was put into place, all existing chemicals were considered to be safe for use and subsequently grandfathered in. federal statutes, including chemicals already in commerce and the introduction of new chemicals. 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. Tooltip Public Law (United States) 114–182 (text) (PDF) (2016) Lautenberg Chemical Safety for the 21st Century Act, Pub. Signed into law by President Gerald Ford on October 11, 1976.Reported by the joint conference committee on Augagreed to by the House of Representatives on September 28, 1976 ( 360-35) and by the Senate on September 28, 1976 ( 73-6).Passed the House of Representatives on August 23, 1976 ( 319-45, in lieu of H.R. 14032).Committee consideration by Senate Commerce, House Commerce.Introduced in the Senate as S. 3149 by Sen.
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