United States Environmental Protection Agency December 1976 Highlights of the Toxic Substances Control Act ------- Scope of the Law: The Toxic Substances Control Act. signed into law on October 11, 1976. authorizes the Environmental Protection Agency to obtain production and test data from industry on selected chemical substances and mixtures, and to regulate the substances when needed. Chemicals used exclusively in pesticides, food, food additives, drugs, and cosmetics are exempted from the Act. Testing of Chemicals: The EPA Administrator may require manufacturers or processors of potentially harmful chemicals to conduct tests on the chemicals at their expense. Testing may be necessary to evaluate a chemical's health or ecological effects according to specified testing standards. An interagency committee of government experts will advise the Administrator concerning chemicals to be tested, but his actions are not limited to those recommended by the committee. Premarket Notification: Manufacturers of new chemical substances must notify the Administrator at least 90 days before the manufacture of the chemicals for commercial purposes. Any chemical which is not listed on an inventory of existing chemicals to be published by the Administrator by November 1977 will be considered "new" for purposes of the premarket notice requirement. The Administrator may designate a use of an existing chemical as a significant new use. based on consideration of the anticipated extent and type of exposure to persons or the environment. Any person who intends to manufacture or process a chemical for such a significant new use must also report this information 90 days in advance of marketing. The Administrator may issue an order and seek a court injunction, if necessary, to keep a new chemical off the market. This action may be taken pending development of test data or completion of rulemaking proceedings to ban or restrict the chemical. Among chemicals which are or may be exempt from premarket reporting are those (a) produced in small quantities solely for research, (b) used for test marketing purposes, or (c) determined not to present an unreasonable risk. ------- Regulation of Hazardous Chemical Substances and Mixtures: The Administrator may prohibit or limit the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture if he finds that these activities present an unreasonable risk to health or the environment. Labelling may be required for a chemical or any article containing the chemical. When regulatory actions are proposed, there must be an opportunity for comments by interested parties, including an oral hearing, and in certain instances, cross-examination. For imminent hazards, the Administrator may ask a court to require whatever action may be necessary to protect against the risk. Exports and Imports: The Administrator may regulate a chemical intended for export only if it presents an unreasonable risk to health or the environment of the United States, if necessary to determine whether there is such a risk, testing may be required. The Administrator is responsible for notifying the governments of importing countries of any regulatory restrictions or test data submitted for export chemicals. With respect to imports into the United States, no chemical substance, mixture, or article containing a chemical substance or mixture will be allowed into this country if it fails to comply with any rule or is otherwise in violation of the Act. Other Provisions of the Law: Other sections provide authority to require reporting and record- keeping by manufacturers and processors of chemicals; call for expanded research activities; address the relationship of this law to other laws; and provide for citizen civil actions and petitions. In addition, the law requires EPA to take action to regulate polychlorinated biphenyls (PCB's). The Act prohibits all production of PCB's after January 1979, and all distribution of PCB's in commerce after July 1979. V ------- |