The Toxic Substances Control Act (TSCA)

Regulation of Persistent, Bioaccumulative, and Toxic Chemicals (PBT) under TSCA Section

The Toxic Substances Control Act (TSCA) is the central chemical law in the United States, regulating the manufacture, processing, and import of most industrial chemicals. The goal of the law is to control substances that pose a potential risk to human health or the environment.

First enacted in 1976, TSCA is part of a series of important U.S. environmental laws. A comprehensive reform took place in 2016 to align chemical regulation with modern requirements. The law covers a wide range of substances, including asbestos, lead compounds in paints, nanomaterials, and polychlorinated biphenyls (PCBs).

A current point of contention is whether TSCA can also be used to regulate greenhouse gas emissions. This issue is currently being adjudicated in court and could have significant implications for the application of the law.

TSCA applies equally to domestic manufacturers and importers, imposing stringent reporting and testing obligations to identify and mitigate risks early.

On January 6, 2021, the U.S. Environmental Protection Agency (EPA), under the Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, introduced stricter measures to regulate five chemicals classified as persistent, bioaccumulative, and toxic (PBT).

Who is Affected?
The regulations apply to companies that manufacture, import, process, or distribute products containing one or more of these chemicals. Potentially affected industries include, but are not limited to:

• Textile industry
• Electronics industry
• Construction industry
• Aerospace
• Automotive industry 

Specific industries are classified by NAICS codes (North American Industrial Classification System) to enable targeted identification of affected companies.

What is Regulated?
The new regulations include strict bans and restrictions regarding:

• Manufacture (including import)
• Processing
• Distribution

Objective of the Measures
The regulation aims to minimize the release of these hazardous chemicals into the environment, protect human health, and prevent long-term environmental damage.

Which Chemicals are Affected?
The specific chemicals and their applications are detailed in the relevant EPA documents. It is crucial for affected companies to review their products and processes to ensure they comply with the new requirements.