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Toxic Substance Control Act

Background

Under Section 5 of the Toxic Substance Control Act (TSCA) of 1976, the Environmental Protection Agency (EPA) is authorized to issue new rules when it identifies a “significant new use” could result in exposures to, or releases of, a substance of concern (EPA, 2023).

From 2016-2022, the EPA composed a known to have hazardous and adverse effects on humans and the environment which they considered either a high or low priority as part of their .

How EPA Evaluates the Safety of Existing Chemicals | US EPA

Source: Environmental Protection Agency

Under TSCA, the Environmental Protection Agency oversees certain regulated activates to ensure the safe use and handling of chemicals listed under the act. These activities are:

  • Importation of Chemical(s)
  • Chemical Research for Commercial Purposes
  • Significant Risks and Adverse Reactions to Chemicals Discovered during Research

Chemical Substances Not Regulated under TSCA

  • Pesticides regulated by FIFRA
  • Tobacco and related products regulated by the ATF
  • Radioactive materials regulated by the NRC
  • Food, food addictive, drugs, cosmetics and or devices regulated by the FDA

Uses of TSCA listed chemicals can be exempted under the Research and Development (R&D) clause, if it is:

  • Import, manufactured, or used in small quantities.
  • Solely for purposes of non-commercial scientific experimentation, analysis, or research.
  • Under the supervision of a technically qualified individual.

To maintain an exemption status, chemical usages within the laboratories must comply with the following criteria:

  • If directly importing chemicals, ΢ƽ must provide to customs or the shipper at the airport a completed TSCA Import Certification Form certifying the TSCA chemical status.
  • Shipment of chemicals within the United States the R&D chemical substance must be labelled and marked properly. Risks must be communicated by preparing a manifest including shipment forms and the SDS.
  • Ensure grants and other funding documentation indicates the chemical is intended for research activities, lab activities only. The chemicals are not being used for commercial related purposes.

΢ƽ is continuing to develop additional safeguards to protect faculty, staff, and students from the chemicals identified by the EPA has high risk.