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Toxic Substances Control Act Provisions

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TSCA Section 4: Testing of Chemical Substances

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Requires EPA to order testing on chemicals to gather data on potential environmental or health risks. Regulated substances include any chemical suspected to pose risk.

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TSCA Section 8: Reporting and Retention of Information

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Requires manufacturers and processors to maintain records and report information regarding the health and environmental effects of chemical substances to the EPA.

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TSCA Section 15: Prohibited Acts

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Enumerates actions that are illegal under TSCA, such as manufacturing a chemical substance in violation of a rule or order under TSCA.

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TSCA Section 21: Citizen Petitions

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Allows individuals to petition the EPA to issue, amend, or repeal rules or orders or initiate proceedings regarding chemical substances or mixtures.

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TSCA Section 16: Penalties

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Outlines the penalties for noncompliance with TSCA, which can include significant fines and even imprisonment for willful violations.

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TSCA Section 23: Exemptions

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Specifies criteria under which the EPA can exempt certain persons, substances, or uses from TSCA requirements if certain conditions are met.

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TSCA Inventory

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The TSCA Chemical Substance Inventory lists all chemical substances manufactured, processed, or imported in the USA, helping regulate new and existing chemicals.

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TSCA Section 3: Definitions

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Defines key terms used throughout TSCA, such as 'chemical substance', providing a clear framework for the application of the Act.

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TSCA Section 9: Relationship to Other Federal Laws

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Describes how TSCA interacts with other Federal environmental laws, ensuring that TSCA provisions do not duplicate or conflict with other regulations.

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TSCA Section 14: Confidentiality

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Provides confidentiality protection for trade secrets and commercial or financial information, except for data on health and safety effects which cannot be concealed.

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TSCA Section 7: Imminent Hazards

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Allows the EPA to issue an administrative order or seek a court injunction against the manufacture or distribution of a substance that presents an imminent hazard.

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TSCA Section 18: State and Local Actions

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States may not impose their own regulations that conflict with TSCA provisions, but may petition EPA for exemptions to enforce their own chemical regulations.

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TSCA Section 22: Preemption

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Addresses when TSCA preempts state law, generally preventing states from establishing requirements that are less stringent than federal standards.

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TSCA Section 10: Research, Development, Collection, Dissemination

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The EPA is authorized to conduct research, development, and information gathering to ensure the safe use and regulation of chemical substances and mixtures.

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TSCA Section 13: Imports

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Chemical substances imported into the United States must comply with TSCA regulations, including certification that the substances meet TSCA requirements.

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TSCA Section 12: Exports

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Regulates the export of chemicals, including notification requirements for certain chemicals exported to foreign countries, ensuring international transparency.

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TSCA Section 19: Judicial Review

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Provides the opportunity for judicial review of EPA actions under TSCA, allowing challenges to finalized rules, orders, or EPA decisions.

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TSCA Section 6: Regulation of Hazardous Chemical Substances and Mixtures

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Gives EPA the power to ban or restrict the manufacture, processing, use, or disposal of chemicals deemed hazardous after risk evaluation.

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TSCA Section 5: New Chemicals and Significant New Uses

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Mandates pre-manufacture notification for new chemicals or significant new uses of existing chemicals before they can enter commerce, to assess risks.

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TSCA Section 11: Inspections and Subpoenas

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Grants the EPA authority to conduct inspections and issue subpoenas related to enforcement of TSCA and investigation of potential violations.

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