United States
Environmental
Protection Agency
EPA 305-B-99-001
June 1999
Enforcement & Compliance Assurance (2224A)
Introduction to the Chemical Import
Requirements of the Toxic
Substances Control Act
-------
Notice
This document provides guidance to assist regulated entities to understand
their obligations related to imports under the Toxic Substances Control Act;
however, for a complete understanding of all legal requirements, the reader
must refer to the applicable federal statute and regulations. This guide is a
compliance assistance tool only, and it neither changes nor replaces any
applicable legal requirements, nor does it create any rights or benefits for
anyone. This guide includes references to the roles of the U.S. Environmental
Protection Agency and U.S. Customs Service but the information is provided for
context only. Any rules or orders issued, by the U.S. Environmental Protection
Agency or U.S. Customs Service take precedence over the guidance included
herein.
-------
Introduction to the Chemical Import Requirements of TSCA
"t TABLE OF CONTENTS
I. WHAT Is THE Toxic SUBSTANCES CONTROL ACT (TSCA)? 1
II. As AN IMPORTER, DOES TSCA APPLY TO ME? 1
111. WHAT CHEMICAL SUBSTANCES, MIXTURES AND ARTICLES ARE COVERED
BYTSCA? : 1
IV. WHAT TSCA PROVISION SPECIFICALLY CONCERNS THE ENTRY
OF CHEMICAL SUBSTANCES, MIXTURES, AND ARTICLES INTO
THE UNITED STATES? 3
IV.A TSCA Section 13 Entry Into the Customs Territory of the
United States 4
IV.B. Abbreviated Overview of TSCA Certification *
Requirements 4
IV.C Other Certification Considerations 5
V. WHAT ARE THE MAJOR SECTIONS OF TSCA FOR WHICH TSCA IMPORT
CERTIFICATION Is REQUIRED, AND WHAT REQUIREMENTS APPLY? 5
V.A. TSCA Section 5 New Chemical Substances 5
V.A.1 TSCA Section 5 Premanufacture Notification 5
V.A.2 TSCA Section 5 (e) Consent Orders .5
V.A.3 TSCA Section 5 Significant New Use "
Rules (SNURs) 6
V.A.4 Exemptions to Section 5 of TSCA 6
V.B TSCA Section 6 Regulation of Hazardous Chemical
Substances and Mixtures 6
V.C. TSCA Section 7 Imminent Hazards 6
V.D. TSCA Section 13 Import Certification Decision-
Making Process 7
June 1999
-------
Introduction to the Chemical Import Requirements of TSCA
TABLE OF CONTENTS (CONTINUED)
VI. WHAT OTHER TSCA PROVISIONS APPLY TO ME AS AN IMPORTER? 8
VI.A. TSCA Section 4 Testing of Chemical Substances
'and Mixtures 8
VLB. TSCA Section 8 Reporting and Retention of Information .... 8
VI.C. TSCA Section 12(b) "Export Notification" Rule 9
VII. CONTACTS AND RESOURCES FOR TECHNICAL ASSISTANCE 9
VILA. TSCA Assistance Information Service (TAIS)
TSCA Hotline 9
VII.B. EPA Regional Contacts 9
> VII.C. Internet Sites 10
I VII.D. Publications and Other Information Sources 14
June 1999
-------
Introduction to the Chemical Import Requirements of TSCA
I. WHAT is THE Toxic SUBSTANCES CONTROL ACT (TSCA)?
Congress enacted the Toxic Substances Control Act (TSCA; the Act) in 1976.
[Public Law 94-469, October 11,1976] Under TSCA, EPA is given broad
authority to issue regulations designed to gather health/safety and exposure
information on, require testing of, and control exposure to individual chemical
substances, chemical mixtures, and articles. This brochure is intended, to
assist chemical importers (including their agents) who may not be familiar with
TSCA to understand better their responsibilities under TSCA by providing a
basic overview of the Act and its requirements, in particular those that apply to
chemical importation. This document does not replace any Federal laws or
regulations. Please note that the best authority for information about TSCA is
the Act itself and the regulations that are published by EPA at 40 CFR Part 700
through Part 799 and by the U.S. Customs Service (Customs) at 19 CFR
sections 12.118 through 12.127 and 127.28 (amended).
II. As AN IMPORTER, DOES TSCA APPLY TO ME?
Yes - If you import chemical substances, mixtures or articles, you are subject
to TSCA and generally must meet the same requirements under TSCA as a
chemical manufacturer in the United States. TSCA Section 3 defines the term
"manufacture" to mean:
"to import into the customs territory of the United States (as defined in
general headnote 2 of the Tariff Schedules of the United States),
produce or manufacture."1
It is important to ensure that you are in full compliance with all applicable TSCA
regulations and other relevant statutes (e.g., Clean Air Act, Resource
Conservation and Recovery Act) before you import TSCA-covered chemical
substances, mixtures, or articles into the United States. Non-compliance witti
TSCA can result not only in detained shipments and/or denied entry, but can "~
lead to substantial civil and/or crimipal penalties.
IIS. WHAT CHEMICAL SUBSTANCES, MIXTURES AND ARTICLES ARE
COVERED BY TSCA?
EPA's authority under TSCA extends to all materials that are considered
"chemical substances," "mixtures," or "articles" as defined under TSCA. TSCA
regulations currently exempt certain classes of materials (e.g., the TSCA
Section 13 Import Certification regulation currently exempts imported articles).
The definitions of these terms are provided below.
General headnote 2 of the Tariff Schedules of the United States is as follows: Customs
Territory of the United States. The term "customs territory of the United States." as used
in the tariff schedule, includes only the States, the District of Columbia, and Puerto Rico.
1 June 1999
-------
Introduction to the Chemical Import Requirements of TSCA
TSCA Section 3 defines the term "chemical substance" as:
"... any organic or inorganic substance of a particular molecular
identity, including - (i) any combination of such substances occurring in
whole or in part as a result of a chemical reaction or occurring in nature
and (ii) any element or uncombined radical."
It is important to note that the term "chemical substance" also includes
microorganisms.
TSCA Section 3 states that the term chemical subs.tance does not include the
following:
"tobacco or any tobacco product"
• a "pesticide" as defined under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) when produced, imported, processed or
distributed in commerce for use as a pesticide
• a "source material," "special nuclear material," or "byproduct
material" as these terms are defined in the Atomic Energy Act of 1954
and regulations issued under that act
an article (i.e., firearms and ammunition) the sale of which is subject
to the tax imposed by section 4181 of the Internal Revenue Service
Code of 1954 (determined without regard to the exemptions from such
tax provided by section 4182 or 4221 or any other provision of such
code) •
• a "food," "food additive," "drug," "cosmetic," or "device" as
those terms are defined in section 201 of the Federal Food, Drug, and
Cosmetic Act (FFDCA) when produced, imported, processed or
distributed in commerce for use as a food, food additive, drug,
cosmetic, or device.
A "mixture" is defined under Section 3 of TSCA as:
"Any combination of two or more chemical substances if the
combination does not occur in nature and is not, in whole or in part, the
result of chemical reaction; except that such term does not include any
combination which occurs, in whole or in part, as a result of a chemical
reaction if none of the chemical substances comprising the mixture is a
new chemical substance and if the combination could have been
manufactured [(including imported)] for commercial purposes without a
chemical reaction at the time the chemical substances comprising the
combination were combined."
June 1999
-------
Introduction to the Chemical Import Requirements of TSCA
"Article" is not defined under TSCA itself, but is defined under various TSCA
regulations implemented by the Customs Service or EPA. Under the Customs
Service regulations at 19 CFR section 12.120(a), concerning, among other
things, the entry of chemical substances into the customs territory of the United
States under TSCA Section 13, "article" is defined as follows:
(a) Article —
(1) Article means a manufactured item which: (i) Is formed to a specific
shape or design during manufacture, (ii) Has end use functions dependent
in whole or in part upon its shape or design during the end use, and (iii)
Has either no change of chemical composition during its end use or only
those changes of composition which have no commercial purpose separate
from that of the article and that may occur as described in § 12.120(a)(2);
except that fluids and particles are not considered articles regardless of
shape or design.
(2) The allowable changes of composition/referred to in § 12.120(a)(1), are
those which result from a chemical reaction that occurs upon the end use
of other chemical substances, mixtures, or articles such as adhesives,
paints, miscellaneous cleaners or other household products, fuels and fu^l
additives, water softening and treatment agents, photographic films, *
batteries, matches, and safety flares in which the chemical substance
manufactured upon end use of the article is not itself manufactured for
distribution in commerce or for use as an intermediate.
Article is also defined under TSCA regulations at 40 CFR sections 704.3,
710.2(e), and 720.3(c).
It is also important to note that chemical substances and mixtures are
considered to be imported as part of an article only if the substances or
mixtures are not intended to be removed/released from the article and they
have no end use or commercial purpose separate from the article of which they
are a part. See 42 FR 64583 (December 23,1977).
IV. WHAT TSCA PROVISION SPECIFICALLY CONCERNS THE ENTRY OF
CHEMICAL SUBSTANCES, MIXTURES, AND ARTICLES INTO THE UNITED
STATES?
!~
IV.A TSCA Section 13 Entry into the Customs Territory of the United
States (see 40 CFR Part 707.20 "General Import Requirements
and Restrictions" and 19 CFR sections 12.118 through 127.128)
TSCA Section 13 requires that any chemical substance, mixture, or article
containing a chemical substance or mixture be refused entry into the customs
territory of the United States if it fails to comply with any rule in effect under
TSCA or is offered for entry in violation of section 5, 6, or 7 of TSCA. EPA's
-------
Introduction to the Chemical Import Requirements of TSCA
Policy Statement, 40 CFR 707.20, requires that importers "certify" their
imported chemical substances or mixtures are either: (1) in compliance with
TSCA Sections 5, 6 and 7 at the time of import; or (2) not subject to TSCA.
The current TSCA Import Rule does not pertain to importation of articles.
In addition, Section 13 provides that the Treasury Department (U.S. Customs),
in conjunction with EPA, implement these requirements. For that reason,
Customs can refuse entry of any shipment that does not have a TSCA
certification. An importer of record provides the certification by signing one of
the following statements to be typed, preprinted on the invoice, or otherwise
included in the entry documentation:
+ Positive Certification Statement:"/ certify that all chemical substances in this
< shipment comply with all applicable rules or orders under TSCA and that I am not
offering a chemical substance for entry in violation of TSCA or any applicable rule
or order under TSCA."
- •! Negative Certification Statement: "/ certify that all chemicals in this shipment are
tf not subject to TSCA."
IV.B. Abbreviated Overview of TSCA Certification Requirements
Hem
Certification Action
Article
No Certification Required
Tobacco or tobacco product
No Certification Required
Pesticides (but not pesticide .
intermediates), nuclear materials,
food, food additives, drugs,
cosmetics, or medical devices
Negative Certification
Generally Required
Chemical substances or mixtures
(other than articles) subject to TSCA I
Positive Certification Required
I
June 1999
-------
Introduction to the Chemical Import Requirements of TSCA
IV.C Other Certification Considerations
Certification is also required for substances that are imported and are received
by mail or commercial carrier, including those intended for research and
development. In addition, a "blanket" certification may be requested from the
Customs District Director on an annual basis to cover several shipments of the
same chemical over a one year period.
V. WHAT ARE THE MAJOR SECTIONS OF TSCA FOR WHICH TSCA IMPORT
CERTIFICATION Is REQUIRED, AND WHAT REQUIREMENTS APPLY?
Current TSCA import certification requirements apply specifically to compliance
with sections 5, 6, and 7 of TSCA. The following briefly and generally describes
certain major requirements under those sections.
V.A. TSCA Section 5 New Chemical Substances
V.A.1 TSCA Section 5 Premanufacture Notification (see 40 CFR Parts
700, 720, 723, 725 and 747) /
If you are importing chemicals or chemical-containing items into the U.S., you
must determine whether or not any chemical imported in bulk or as a part of a
mixture, is a TSCA chemical substance and/or a "new chemical substance"
prior to its importation for a nonexempt commercial purpose. Under Section 5
of TSCA, persons who intend to manufacture or import a "new chemical
substance" into the United States must seek EPA approval by submitting a pre-
manufacture notice (PMN) to EPA at least 90 days prior to importation to
enable EPA to determine whether the new chemical may present an
unreasonable risk to human health or the-environment. A new chemical
substance is one that is not already in commerce in the United States, as
determined by inclusion in the TSCA Inventory of Chemical Substances
maintained by EPA. New chemical substances include certain genetically
modified microorganisms (also known as intergeneric microorganisms). When
the PMN is approved and the substance is imported, a "Notice of
Commencement" (NOC) is required to be submitted to EPA within 30 days of
first importation. Following receipt of this NOC, the subject chemical substance
will be added to EPA's TSCA Inventory of existing chemical substances for th|
purposes of future importation and/or domestic production. ^
V.A.2 TSCA Section 5 (e) Consent Orders
If you are a manufacturer or importer who has signed a consent order issued by
EPA under section 5(e) of TSCA, you must also ascertain whether a chemical
substance intended to be imported into the United States is subject to that
order. If so, the chemical substance must be in compliance with the provisions
of the consent order before it may be imported into the United States.
June 1999
-------
Introduction to the Chemical Import Requirements of TSCA
V.A.3 TSCA Section 5 Significant New Use Rules (SNURs) (see 40 CFR
Part 721)
In addition, prior to importation of a chemical substance subject to TSCA into
the United States, an importer of record must determine whether the substance
is subject to a Significant New Use Rule issued under Section 5 of TSCA.
Section 5 of TSCA authorizes EPA to designate use of a chemical substance
as a "significant new use," and require the submission of information to EPA
prior to the chemical substance being manufactured (including imported) or
processed for that use.
..'
V.A.4 Exemptions to Section 5 of TSCA
••?
Section 5 of TSCA also provides for certain exemptions to the 90-day review of
new chemicals. For specific details, see the regulations cited below and
section 5 of TSCA. Please note, TSCA compliance certification is still required
to Import these chemicals.
j • Research and Development Exemption - See 40 CFR Section 720.36
. • Test Marketing Exemption - See 40 CFR Section 720.38
• Low volume/low release/low exposure Exemption - See 40 CFR
Section 723.50
. • Polymer Exemption - See 40 CFR Section 723.250.
X - ... ._.,. _..
V.B TSCA Section 6 Regulation of Hazardous Chemical Substances
and Mixtures (See also TSCA Section 6 and also 40 CFR Parts 745.
jj 747, 749, 750, 761, and 763)
*
An importer must also determine whether a chemical substance it intends to
import into the United States is subject to a rule issued under Section 6 of
TSCA. Section 6 of TSCA authorizes EPA to take regulatory action to protect
against unreasonable risk of injury to human health or the environment due to
the manufacture (including importation), processing, distribution in commerce,
use, or disposal of a chemical substance or mixture. For example, EPA has
promulgated regulations under Section 6 of TSCA applicable to polychlorinated
biphenyls (PCBs) and asbestos. The importation of PCBs, or articles
containing PCBs, is banned under TSCA with a few minor exemptions. In
addition, the importation of certain asbestos-containing products, such as
flooring felt, commercial paper, corrugated paper, rollboard, and specialty paper
is banned under TSCA.
V.C. TSCA Section 7 Imminent Hazards
Because imports are required to comply with any judicial orders that may be
issued under Section 7 of TSCA, importers need to be aware of Section 7
requirements. TSCA Section 7 authorizes EPA to commence a judicial action
for seizure of a chemical substance, mixture, or article containing such a
June 1999 6~
-------
Introduction to the Chemical Import Requirements of TSGA
chemical substance or mixture, which EPA has determined is imminently
hazardous, and/or for other relief against any person who manufactures
(imports), processes, distributes in commerce, uses, or disposes of an
imminently hazardous chemical substance or mixture or any article containing
such a substance or mixture.
V.D. TSCA Section 13 Import Certification Decision-Making Process
1.
2.
3.
4.
Is the material in the shipment
to be imported an "article," or
tobacco or tobacco product?
Is the material in the shipment
to be imported (a) a pesticide;
(b) a source or special nuclear
material or byproduct; (c) a
firearm or ammunition; or (d) a
food, food additive, drug,
cosmetic, or device; as those
terms are described in Part III of
this guide?
Does the shipment contain any -
chemical substances or
mixtures regulated under TSCA
Section 5 (including new
chemical substances), TSCA
Section 6, or TSCA Section 7?
Have you complied with TSCA
sections 5, 6, and 7 with respect
to the chemical substances
and/or mixtures in your
shipment?
If Yes — Import certification is not
required (positive or negative).
If No - Continue to #2.
If Yes - The material is not subject to
TSCA, but a "negative" TSCA import
certification is required unless the
shipment is clearly identified as being a
pesticide or other chemical not subject
to TSCA [for example, the shipment is
accompanied by FDA Form FD701 or
EPA (FIFRA) Form 3540-1].
If No -- Continue to #3.
If Yes - Continue to #4.
If No ~ A positive TSCA import
certification can be made.
If Yes - A positive TSCA import
certification can be made.
If No -- Import certification cannot be
provided and the shipment cannot be
imported until you have complied with all
applicable requirements under TSCA
sections 5, 6, and 7.
[Note that importers'responsibilities under TSCA Sections 4, 8, and 12(b) are
dealt with briefly in the following section of this document. Because TSCA
Sections 4, 8, and 12(b) regulations/requirements do not affect importers'
responsibilities under TSCA Section 13, they are not reflected in this TSCA
Section 13 decision process.]
June 1999
-------
Introduction to the Chemical Import Requirements of TSCA
VI. WHAT OTHER TSCA PROVISIONS APPLY TO ME AS AN IMPORTER?
Importers need to be aware that imports must also be in compliance with
certain other sections of TSCA, although current regulations require certification
at the time of import only for compliance with TSCA sections 5, 6, and 7.
VI.A. TSCA Section 4 Testing of Chemical Substances and Mixtures
(see 40 CFR Parts 790, 791, 792, 799, and 766)
Under Section 4 of TSCA, EPA has the authority to require manufacturers
(including importers) and processors of chemical substances and mixtures to
conduct testing on the health and environmental effects of chemical substances
and mixtures. A person who imports or intends to import a chemical substance
or mixture subject to a test rule under Section 4 must comply with Section 4
requirements unless the importation qualifies for an exemption included in the
regulations at 40 CFR Section 790.42, or under a specific test rule listed under
Parts 766 or 799. Following promulgation of a test rule under Section 4 of
TSCA, the responsibility to comply with the rule continues for a period of five
years from the date the data from all required tests have been submitted or an
amount of time equal to that which was required to develop the test data,
whichever is longer. Importers therefore have a continuing responsibility to
determine whether a chemical substance or mixture which they import or intend
to import is subject to a test rule. ........
TSCA Section 8 Reporting and Retention of information
Section 8 of TSCA authorizes EPA to require persons engaged in the
manufacture (includes import), processing, and distribution in commerce of
TSCA-covered chemical substances and mixtures to keep certain records and
report certain information to EPA. Specific TSCA Section 8 rules (and
implementing policy documents in the case of TSCA Section 8(e)) that apply to
importers are:
TSC>4 Section 8(a) Inventory Update Rule - sde 40 CFR Part 710
7SC>4 Section 8(a) Preliminary Assessment Information Reporting
(PAIR) Rule - see 40 CFR Part 712
TSCA Section 8(a) Chemical Specific Recordkeeping and Reporting
Rules - see 40 CFR Part 704 Subpart B
TSCA Section 8(c) Allegations of Significant Adverse Reactions
Recordkeeping and Reporting Rule - see 40 CFR Part 717
TSCA Section 8(d) Unpublished Health and Safety Data Reporting
Rule - see 40 CFR Part 716
8
-------
Introduction to the Chemical Import ftequj/'emertte of TSCA
? • . . .
• TSCA Section 8(e) Substantial Risk Information Reporting
* Requirement (Statutory Provision) - see implementing Policy
Statement (43 FR 11110, March 16,1978) as well as the TSCA
. ' Section 8(e) Reporting Guide (June 1991-available in hard copy from
TSCA Hotline).
VI.C. TSCA Section 12(b) "Export Notification" Rule (see 40 CFR Part
707 Subpart D)
Chemical importers, if also exporters, are potentially subject to Section 12(b) of
TSCA. EPA's TSCA Section 12(b) export notification requirements apply to
chemical substances or mixtures for which data are required under TSCA
Section 5(b), an order has been issued under TSCA Section 5, a proposed or
final rule has been issued under TSCA Sections 5 or 6, or an action is pending
or relief has been granted under TSCA Sections 5 or 7. With regard to Section
4 of TSCA, only those chemical substances or mixtures listed in final TSCA
Section 4 test rules and TSCA Section 4 Enforceable Consent Agreements
(EGAs) are subject to the export notice requirements under TSCA Section
12(b). Notification of export is generally not required for articles, as provided by
40 CFR section 707.60(b).
VII. CONTACTS AND RESOURCES FOR TECHNICAL ASSISTANCE
VILA. TSCA Assistance Information Service (TAIS)/TSCA Hotline
U.S. Environmental Protection Agency
Office of Pollution Prevention and Toxics
Environmental Assistance Division
401 M Street, SW
Washington, D.C. 20460
Phone:(202)554-1404
TDD: (202) 554-0551
• Fax:(202)554-5603
E-mail: tsca-hotline@epa.gov
Hours of Service: 8:30 a.m. - 5:00 p.m. (EST) M-F
Sponsored by the Office of Pollution Prevention and Toxics, the TSCA Hotline
provides information assistance to chemical manufacturers, processors, users,
storers, disposers, importers and exporters concerning regulations under
TSCA. The Service also operates as an information center for labor
associations, government agencies, domestic and foreign governments,
embassies, attorneys, and private citizens.
June 1999
-------
Introduction to the Chemical Import Requirements of TSCA
VII.B. EPA Regional Contacts
For guidance on the proper procedures to correct any deficiencies in a
shipment, contact the following EPA regional offices:
EPA Region 1 (CT, MA, ME, NH, Rl, VT)
Pesticides, Toxics, and Radiation Office
Mail Code: OPT
One Congress Street
John F. Kennedy Federal Building
Boston, MA 02203-0001
Phone:(617)918-3225
Website: www.epa.gov/region01/
EPA Region 2 (NJ, NY, PR, VI)
Pesticides and Toxic Substances Branch
Mail Code: 105
2890 Woodbridge Ave.
Edison, NJ 08837-3679
Phone:(732)321-6765
Website: www.epa.gov/region02/
EPA Region 3 (DC, DE, MD, PA, VA)
Toxics Program and Enforcement Branch
Mail Code: 3WC33
1650 Arch Street
Philadelphia, PA 19106-2029
Phone:(215)814-2080
Website: www.epa.gov/region03/
EPA Region 4 (AL, FL, GA, KY, MS, NC,
SC, TN)
Pesticides and Toxic Substances Branch
Mail Code: APTMD/TS
61 Forsyth Street SW
Atlanta, GA 30303-8909
Phone:(404)562-8956
Website: www.epa.gov/region04/ .
EPA Region 5 (IL, IN, Ml, MN, OH, Wl)
Pesticides and Toxics Enforcement
Section
Mail Code: DT8J
77 West Jackson Boulevard
Chicago, IL 60604
Phone:(312)886-7061
Website: www.epa.gov/region5/
EPA Region 6 (AR, LA, NM, OK, TX)
Toxics Section
Mail Code: 6PD-T
1445 Ross Avenue, Suite 1200
Dallas, TX 75202
Phone: (214) 665-6714
Website: www.epa.gov/region06/
EPA Region 7 (IA, KS, MO, NE)
Air, RCRA, and Toxics Division
Mail Code: ARTD/CRIB
726 Minnesota Avenue
Kansas City, MO 66101
Phone:(913)551-7020
Website: www.epa.gov/region07/
EPA Region 8 (CO, MT, ND, SD, UT,
WY)
Pollution Prevention and Pesticides and
Toxics Program
Mail Code: 8P-P3T
999 18th Street, Suite 500
Denver, CO 80202-2466
Phone: (303) 312-6147
Website: www.epa.gov/region08/
EPA Region 9 (AZ, CA, HI, NV, AS GU)
Toxics Section
Mail Code: CMD-4-2
75 Hawthorne Street
San Francisco, CA 94105
Phone:(415)744-1069
Website: www.epa.gov/region09
EPA Region 10 (AK, ID, OR, WA)
Solid Waste and Toxics Unit
Mail Code: WCM-128
1200 6th Avenue
Seattle, WA 98101
Phone:(206)553-1716
Website: www.epa.gov/region10/
June 1999
10
-------
Introduction to the Chemical Import Requirements of TSCA
VII.C. Internet Sites
ChemAlliance Regulatory Information for the Chemical Process Industry
Website: www.ChemAlliance.org
ChemAlliance is a source of up-to-date information concerning the
environmental regulations affecting the chemical industry. ChemAlliance is
operated by a partnership of environmental professionals in academia,
government and industry. The site offers access to feature articles, regulatory
information, regulatory and.compliance tools, and pollution prevention
information.
U.S. EPA Office of Pollution Prevention and Toxics (OPPT)
Website: www.epa.gov/opptintr/
OPPT is responsible for implementing TSCA and certain other U.S.
environmental rules and legislation. The OPPT website contains information
about and links to: OPPT projects and programs (e.g., New Chemicals
Program); other information resources (e.g., dockets, clearinghouses,
libraries, and hotlines); OPPT publications; and chemical and regulatory
information databases and software.
TSCA Inventory Update Rule (IUR) Reporting
Website: www.epa.gov/opptintf/iur98/
Phone:(202)260-2523
This site provides information on the latest reporting cycle. Additional
information may be obtained from the Records and Dockets Management
Branch.
TSCA Section 13 Requirements Program
Website: www.epa.gov/opptintr/chemtest/sect13.htm
Phone:(202)260-8130
This site provides information on Section 13 import certification requirements.
Additional information may be obtained from the Chemical Information and
Testing Branch.
Existing Chemicals Program
Website: www.epa.gov/opptintr/opptexis.htm
Phone:(202)260-3945
This site provides information on existing chemicals. Additional information
may be obtained from the Existing Chemicals Branch.
11 June 1999
-------
:i
liiM
Introduction to the Chemical Import Requirements of TSCA
Bona Fide Searches
Website: www.epa.gov/opptintr/newchems/findsubs.htm
Phone: (202) 260-2659
This site provides information on how to determine if a chemical is on the
confidential portion of the TSCA Inventory. Additional information may be
obtained from the Industrial Chemistry Branch.
New Chemicals Program
Website: www.epa.gov/opptintr/newchms/
Phone: (202) 260-3725
This site describes the procedure for filing TSCA Section 5 "Pre-manufacture
Notifications," obtaining forms, and reaching appropriate contacts. Additional
information may be obtained from the New Chemicals Branch.
TSCA Testing Program
Website: www.epa.gov/opptintr/chemtest/
Phone:(202)260-8130
This site describes OPPT's TSCA Testing and Information Gathering Program
and its objectives, and serves as the major link to information about core
TSCA regulations. Additional information can be obtained from the Chemical
Information and Testing Branch.
TSCA, 15 U.S.C. Chapter 53
Website: uscode.house.gov/download.htm
Search for Title 15, Chapter 53.
The TSCA statute and all of its amendments are available for downloading
through the U.S. House of Representatives' Internet Law Library.
TSCA inventory (Public Version)
Website: www.pdc.cornell.edu
Cornell University offers users access to the non-confidential (public) TSCA
Inventory through a searchable database in the Health and Safety section of
their homepage. To conduct a search, the user must enter a CAS number or
a full chemical name. Important Note: For the most accurate information
about the status of a chemical in regard to the public portion of the TSCA
Inventory, contact the Chemical Abstract Service (CAS) at 800-631-1884 and
select option #2.
June 1999
12
-------
Introduction to the Chemical Import Requirements of TSCA
TSCA Federal Register Notices
Website: www.epa.gov/fedrgstr/EPA-TOX/
TSCA Federal Register Notices are arranged by date for those issued since
October of 1994. Important Federal Register Notices published before that
date are archived by date and title.
CORR Database
Website: www.epa.gov/opptintr/CORR/
The Chemicals on Reporting Rules List is a quarterly publication that contains
two files to be downloaded into the user's own database software. Those files
include a list of chemicals by CAS number referenced in proposed and/or final
rules or orders under TSCA Sections 4, 5, 6, and 8 and EPCRA Section 313,
and a list of relevant FR citations. Please Note: The CORR List is simply a
compliance aid and should not be used in place of the CFR and Federal
Register Notices.
Biotechnology Home Page
Website: www.epa.gov/opptintr/biotech/
Phone: (202) 260-3725
Under the scope of TSCA, genetically engineered microorganisms are
reportable under the TSCA Inventory reporting regulations (40 CFR 710). At
this Internet site, users can download the regulations, guidance documents for
reporting, risk assessments for certain organisms, and status reports. For
additional information, contact the New Chemicals Branch.
Chemical Abstract Service
Website: www.cas.org/
Phone: (800) 631-1884, Select option #2.
Chemical Abstract Service, a division of the American Chemical Society, is
the producer of the world's largest and most comprehensive databases of
chemical information. The public (i.e., non-confidential) portion of the TSCA
Inventory is available online for members for searches through the Scientific
and Technical Information Network (STIN). CAS also provides information
regarding chemical lists of other countries. Please see, "Bona Fide Searches"
for information about the confidential portion of the TSCA Inventory.
Toxics & Pesticides Enforcement Division
Website: es.epa.gov/oeca/ore/tped/
This division of the Office of Enforcement and Compliance Assurance (OECA)
handles enforcement activities for TSCA, FIFRA, and EPRCA. Users have
access to enforcement response policies, enforcement guidance, civil penalty
policies, and information about Supplemental Environmental Projects (SEPs).
_ . June 1999
-------
Introduction to the Chemical Import Requirements of TSCA
The Right to Know Network
Website: www.rtk.net/
RTK Net was started in 1989 in support of the Emergency Planning and
Community Right to Know Act (EPCRA), which requires that information be
made available via the TRI. TSCA information is available through chemical
fact sheets, IRIS, and other databases such as the TSCA Test Submissions
(TSCATS) database. TSCATS contains unpublished toxicologic and ecologic
data submitted by industry under Section 4 test rules, 8(d) health and safety
studies, 8(e) substantial risk notices, and "For Your Information" FYI
submissions.
VII.D. Publications and Other Information Sources
The following publications contain supplementary information on TSCA and
TSCA-related issues:
Toxic Substances Control Act: A Guide for Chemical /mpo/fers/Exporters
(EPA 560/1-91-001), U.S. EPA, Office of Toxic Substances, April 1991.
New Chemicals Program (Brochure) (EPA 743-F-95-001), U.S. EPA, Office of
Pollution Prevention and Toxics (OPPT), May 1995.
Layman's Guide to TSCA (Brochure) (EPA 560/1-87-011), U.S. EPA, Office of
Toxic Substances, June 1987.
TSCA Inventory (Public Version) ~
Website: www.ntis.gov/
Phone: (800) 553-NTIS
To buy a full copy of the public (i.e., non-confidential) portion of the TSCA
Inventory, users must purchase it on disk or CD ROM from the National
Technical Information Service (NTIS). At this site, the user can get price
information and ordering numbers to get the latest copy.
1996 Master Testing List
Website: www.epa.gov/opptintr/chemtest/mtl.htm/
The Master Testing List (MTL) is used by OPPT to establish the TSCA
Existing Chemical Testing Program agenda. The MTL presents a
consolidated listing of OPPT's existing chemical testing priorities as well as
those of other EPA program offices, other federal agencies, the TSCA
Interagency Testing Committee, and international organizations such as
OECD.
OPPT Chemical Fact Sheets
Website: www.epa.gov/opptintr/chemfact/
June 1999 14
-------
Introduction to the Chemical Import Requirements of TSQA
To obtain copies of these and other publications, contact the TSCA Assistance
Information Service, or you may contact:
National Service Center for Environmental Publications (NSCEP)
U.S. Environmental Protection Agency
PO Box 42419
Cincinnati, OH 45242-2419
Phone:(513)489-8190
Toll free: (800) 490-9198
Fax:(513)489-8695
Website: www.epa.gov/ncepihom/index.html
NSCEP is the central repository and distribution center for EPA publications.
NSCEP produces the Annual EPA National Publications Catalog and
maintains an in-house inventory of 5,000 current EPA publications available to
the public free of charge.
National Environmental Publications Internet Site (NEPIS)
Website: www.epa.gov/cincl/
NEPI allows users to search, view, and print from a collection of over 6,000 of
EPA's technical and public information documents.
Chemicals in Our Community
Website: www.epa.gov/cie/
The publication provides the general public, environmental groups,
educational organizers, state and local organizations, and other interested
parties with access to many of OPPT's information products and services.
National Technical Information Service (NTIS)
U.S. Department of Commerce
Springfield, VA 22161
For subscriptions or ordering options:
Phone: (703) 605-6060
Toll Free: (800) 363-2068
For other items:
Phone:(703)605-6000
Toll Free: (800) 553-6847
Fax:703-321-8547
NTIS sells copies of the public portion of the TSCA Inventory on disk and CD-
ROM.
15 June 1999
-------
-------
United States Solid Waste and EPA530-F-99-036
Environmental Protection Emergency Response June 1999
Agency (5305W) http://www.epa.gov
Office of Solid Waste
&EPA Environmental
Fact Sheet
Ideas To Reduce Reporting
Requirements at Hazardous Waste
Facilities
Background
The Paperwork Reduction Act establishes a 40 percent reduction goal for
federal agencies to reduce their reporting and recordkeeping burdens on the
regulated community, states, and the public by September 2001. "Burden" is the
time that the regulated community, states, and private citizens spend submit-
ting information to federal agencies, such as the Environmental Protection
Agency (EPA), keeping records on file and/or developing the information they
report. To meet the goals of the Paperwork Reduction Act, EPA aims to reduce
the regulatory burden associated with the hazardous waste management
regulations while protecting human health and the environment.
Action
EPA is publishing a Notice of Data Availability in compliance with the
Paperwork Reduction Act. The Agency reviewed its hazardous waste reporting
and recordkeeping requirements, and developed ideas for streamlining them.
After obtaining input from a small number of state experts, EPA developed the
following burden reduction ideas:
• Allowing electronic reporting and recordkeeping for, all information that is
kept by facilities and sent to EPA;
• Reducing reporting requirements for generators and treatment, storage,
and disposal facilities (TSDFs);
• Lengthening the periods between facility self-inspections;
• Streamlining personnel training in hazardous waste requirements;
• Streamlining the land disposal restrictions notification, determination,
and certification requirements, and;
-------
• Reducing the amount of information collected in the Agency's Biennial
Report.
The Agency is requesting comment on these ideas. Comments may be
submitted electronically to rcra-docket@epa.gov, or by post mail to: RCRA
Information Center, Environmental Protection Agency, Mail Code 5305G,
Washington, DC 20460. All comments must include reference number F-1999-
IBRA-FFFFF.
For More Information
This fact sheet, the notice, and related background documents are available
on the Internet at . Documents include a summary of burden estimates; other
burden reduction ideas not included in the NODA; a list of hazardous waste
reporting requirements; and a list of nonregulatory burden ideas. For additional
information or to order paper copies of any documents, call the RCRA Hotline.
Callers within the Washington Metropolitan Area must dial 703-412-9810 or
TDD 703-412-3323 (hearing impaired). Long-distance callers may call 1-800-424-
9346 or TDD 1-800-553-7672. The RCRA Hotline operates weekdays, 9:00 a.m.
to 6:00 p.m. Send written requests to: RCRA Information Center (5305W), US
EPA, 401 M Street, SW, Washington, DC 20460.
------- |