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Toxic Substances Control Act Provisions
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TSCA Section 4: Testing of Chemical Substances
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.
TSCA Section 8: Reporting and Retention of Information
Requires manufacturers and processors to maintain records and report information regarding the health and environmental effects of chemical substances to the EPA.
TSCA Section 15: Prohibited Acts
Enumerates actions that are illegal under TSCA, such as manufacturing a chemical substance in violation of a rule or order under TSCA.
TSCA Section 21: Citizen Petitions
Allows individuals to petition the EPA to issue, amend, or repeal rules or orders or initiate proceedings regarding chemical substances or mixtures.
TSCA Section 16: Penalties
Outlines the penalties for noncompliance with TSCA, which can include significant fines and even imprisonment for willful violations.
TSCA Section 23: Exemptions
Specifies criteria under which the EPA can exempt certain persons, substances, or uses from TSCA requirements if certain conditions are met.
TSCA Inventory
The TSCA Chemical Substance Inventory lists all chemical substances manufactured, processed, or imported in the USA, helping regulate new and existing chemicals.
TSCA Section 3: Definitions
Defines key terms used throughout TSCA, such as 'chemical substance', providing a clear framework for the application of the Act.
TSCA Section 9: Relationship to Other Federal Laws
Describes how TSCA interacts with other Federal environmental laws, ensuring that TSCA provisions do not duplicate or conflict with other regulations.
TSCA Section 14: Confidentiality
Provides confidentiality protection for trade secrets and commercial or financial information, except for data on health and safety effects which cannot be concealed.
TSCA Section 7: Imminent Hazards
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.
TSCA Section 18: State and Local Actions
States may not impose their own regulations that conflict with TSCA provisions, but may petition EPA for exemptions to enforce their own chemical regulations.
TSCA Section 22: Preemption
Addresses when TSCA preempts state law, generally preventing states from establishing requirements that are less stringent than federal standards.
TSCA Section 10: Research, Development, Collection, Dissemination
The EPA is authorized to conduct research, development, and information gathering to ensure the safe use and regulation of chemical substances and mixtures.
TSCA Section 13: Imports
Chemical substances imported into the United States must comply with TSCA regulations, including certification that the substances meet TSCA requirements.
TSCA Section 12: Exports
Regulates the export of chemicals, including notification requirements for certain chemicals exported to foreign countries, ensuring international transparency.
TSCA Section 19: Judicial Review
Provides the opportunity for judicial review of EPA actions under TSCA, allowing challenges to finalized rules, orders, or EPA decisions.
TSCA Section 6: Regulation of Hazardous Chemical Substances and Mixtures
Gives EPA the power to ban or restrict the manufacture, processing, use, or disposal of chemicals deemed hazardous after risk evaluation.
TSCA Section 5: New Chemicals and Significant New Uses
Mandates pre-manufacture notification for new chemicals or significant new uses of existing chemicals before they can enter commerce, to assess risks.
TSCA Section 11: Inspections and Subpoenas
Grants the EPA authority to conduct inspections and issue subpoenas related to enforcement of TSCA and investigation of potential violations.
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