{ "id": "R45149", "type": "CRS Report", "typeId": "R", "number": "R45149", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "Title I of the Toxic Substances Control Act (TSCA): A Summary of the Statute", "retrieved": "2021-08-22T04:03:36.467006", "id": "R45149_6_2021-07-20", "formats": [ { "filename": "files/2021-07-20_R45149_10209cc5848cab49bb75b3bcb9356ef905b8aa21.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R45149/6", "sha1": "10209cc5848cab49bb75b3bcb9356ef905b8aa21" }, { "format": "HTML", "filename": "files/2021-07-20_R45149_10209cc5848cab49bb75b3bcb9356ef905b8aa21.html" } ], "date": "2021-07-20", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R45149", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 579833, "date": "2018-04-04", "retrieved": "2018-04-05T13:10:31.106153", "title": "Title I of the Toxic Substances Control Act (TSCA): A Summary of the Statute", "summary": "In 1976, the Toxic Substances Control Act (TSCA; P.L. 94-469) was enacted to direct the U.S Environmental Protection Agency (EPA) to obtain information relevant to evaluating the lifecycle (i.e., manufacture, importation, processing, distribution, use, and disposal) of industrial and commercial chemicals for \u201cunreasonable risks\u201d and, if warranted, to regulate such chemicals. Concerns that EPA lacked sufficient authority to take such actions, among other concerns, led to the enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (P.L. 114-182), which amended TSCA, in 2016. Still, Congress requires that implementation of the amended TSCA balance two objectives\u2014the protection of public health and the environment from unreasonable risks and the regulation of chemicals in a manner that does not \u201cimpede unduly or create unnecessary economic barriers to technological innovation.\u201d \nTSCA as amended requires EPA to gather existing information (e.g., production volumes, health and safety studies) regarding potential chemical risks from chemical manufacturers, processors, and distributors. Manufacturers of new chemicals must notify EPA prior to the chemical being commercialized. Similar notification requirements apply to chemicals proposed for uses determined by EPA to be significant new uses. \nIf EPA has inadequate information on a chemical to determine whether it presents unreasonable risks, TSCA authorizes the agency to require the development of new information necessary for the evaluation of risks. For information submitted under TSCA, the act establishes a framework to protect from disclosure information that warrants confidential treatment and to ensure that certain types of information are disclosed.\nTo identify which chemicals may warrant regulation, TSCA requires EPA to systematically prioritize chemicals for risk evaluation and to regulate those chemicals that present unreasonable risks to ensure they no longer do so. If EPA finds that a chemical presents unreasonable risk, TSCA requires the agency to undertake rulemaking to regulate the chemical. \nEPA must take regulatory action on specific chemicals that exhibit characteristics known to present greater risks in an expedited manner. For instance, EPA may promulgate requirements to address risks presented by certain persistent, bioaccumulative, and toxic chemicals without conducting a risk evaluation. Additionally, TSCA authorizes EPA to commence a civil action against imminently hazardous chemicals and expedite review of chemicals that present significant risk of serious or widespread harm. \nFor new chemicals and chemicals proposed for a significant new use determined to warrant evaluation by EPA, the agency must make a determination regarding unreasonable risk within 90 days of the required notification unless extended for good cause. \nUnder TSCA, requirements that apply to chemical manufacture apply in the same way to chemical importation. TSCA establishes procedures for handling imports of chemicals that do not comply with requirements under the act. Chemicals marked for export only are subject to recordkeeping and reporting requirements unless EPA has previously taken regulatory action to require the development of new information or establish a requirement to protect against unreasonable risk. \nTSCA includes provisions to allow citizens to challenge EPA implementation of the act. Additionally, TSCA includes provisions for enforcement, including inspection and administrative subpoena authority, establishment of civil and criminal penalties for violations, and citizen suits to allow any person to enforce the act. \nTSCA provides a federal role for the evaluation and restriction of chemicals, but, unlike most other federal environmental statutes, does not provide for delegation to, or implementation by, states. However, states may evaluate and regulate chemicals under their own authorities. TSCA provides limited explicit preemption of state requirements, although long-standing state requirements are generally preserved. If a state requirement does not meet one of the exceptions from preemption, waivers from preemption may be available under certain circumstances. \nAlthough authorization of appropriations to carry out TSCA expired in 1983, Congress has continued to fund TSCA activities through annual discretionary appropriations. TSCA authorizes EPA to collect fees from chemical manufacturers and processors to partially defray costs that the agency may incur from evaluating information submissions, conducting risk evaluations and developing regulations.\nThe original 1976 act, which was amended by P.L. 114-182, is referred to as Title I. Since 1976, Congress has added five other titles to TSCA to address specific chemical concerns. The five additional titles of TSCA are not discussed in this report.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R45149", "sha1": "50782ffcb3e47e4e4f2171298e09ebc5be542d08", "filename": "files/20180404_R45149_50782ffcb3e47e4e4f2171298e09ebc5be542d08.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R45149", "sha1": "2dc455f1bffa9688adad352943a7dea8fb5c1199", "filename": "files/20180404_R45149_2dc455f1bffa9688adad352943a7dea8fb5c1199.pdf", "images": {} } ], "topics": [] } ], "topics": [ "Environmental Policy", "National Defense" ] }