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US Toxic Substances Control Act (TSCA)

Toxic Substances Control Act

15 U.S.C. § 2601 : US Code – Section 2601: Findings, policy, and intent

This description of the Toxic Substances Control Act tracks the language of the U.S. Code, except that, sometimes, we use plain English and that we may refer to the “Act” (meaning Toxic Substances Control Act) rather than to the “subchapter” or the “title” of the United States Code.

U.S. Code Citation

15 U.S.C. § 2601

U.S. Code Section and Head

• United States Code – Section 2601
• Head of the Section:Findings, policy, and intent

Summary of the Section

Findings

The Congress finds that:

• human beings and the environment are being exposed each year to a large number of chemical substances and mixtures;
• among the many chemical substances and mixtures which are constantly being developed and produced, there are some whose manufacture, processing, distribution in commerce, use, or disposal may present an unreasonable risk of injury to health or the environment; and
• the effective regulation of interstate commerce in such chemical substances and mixtures also necessitates the regulation of intrastate commerce in such chemical substances and mixtures.

Policy

It is the policy of the United States that:

• adequate data should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such data should be the responsibility of those who manufacture and those who process such chemical substances and mixtures;
• adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and
• authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this chapter to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment.

Intent of Congress

It is the intent of Congress that the Administrator shall carry out this chapter in a reasonable and prudent manner, and that the Administrator shall consider the environmental, economic, and social impact of any action the Administrator takes or proposes to take under this chapter.

The US Toxic Substances Control Act (TSCA) regulates chemical substances to which the public or environment may become exposed. TSCA authorizes the EPA to prohibit the manufacture, processing, or distribution of a substance, prohibit certain uses of a substance, or regulate the disposal of certain substances. (15 U.S.C. §§ 2601- 2671.) Offenses include failing to place warning labels on products containing certain hazardous substances or mixtures, improper storage or disposal of certain hazardous substances, and failing to maintain proper records regarding the removal, storage, or disposal of certain hazardous substances.

(15 U.S.C. §§ 2614-2615.)

Toxic Substances Control Act (TSCA) in Environmental Law

A statute enacted in 1976 to regulate commercial chemicals not regulated by other laws. Pesticides, drugs, cosmetics, and food additives were covered by existing laws, but toxic chemicals, mixtures, and compounds exist that do not fit into those categories. Congress intended to create a law that would allow for testing of new and existing chemicals. In fact, new chemical review is often thought to be the primary aim of TSCA, but the statute is much broader than that. The law gives the Environmental Protection Agency (EPA) power to remove chemical substances from the market, prohibit or limit their manufacture, or restrict their usages.

TSCA is divided into four main titles: Title I is the heart of the law, dealing with chemical substances in general; Title II covers asbestos in schools and is called the Asbestos Hazard Emergency Response Act; Title III addresses indoor radon abatement; and Title IV focuses on lead paint hazards.

Overview

TSCA governs persons who manufacture, import, process, and distribute chemical substances. It also controls some activities of those who use or dispose of them. Although the law has significant impact on the introduction of new chemicals (and new uses of existing chemicals), the agency may also require testing of existing chemicals.

The term chemical substances encompass both organic and inorganic substances that have a particular identity, including mixtures. Chemicals that do not exist in nature and are not the result of a single chemical reaction are subject to the law. Therefore, manmade bioorganisms are regulated under TSCA if they do not fall under a different statute, such as the Federal Insecticide, Fungicide, and Rodenticide Act.

Persons Regulated by TSCA

Manufacturers and importers of chemicals must test new chemicals (and existing ones, if required to do so) for health and environmental effects and supply the EPA with the test results. Even after the chemicals are on the inventory list, they must keep records, submit reports, allow inspections, and obey subpoenas. They must also maintain data concerning allegations of significant adverse reactions to most TSCA chemicals, unless they relate to a \”known\” human health effect.

Processors act as packagers of chemical substances after their manufacture. They must also keep records, obey orders, allow inspections and comply with subpoenas. They may have to provide data to the EPA or to users and cannot put the chemical to a new use without submitting information to the EPA.

Users of chemical substances must comply with the EPA’s regulations, allow inspections and obey subpoenas. They may not use a substance that is banned or go beyond restrictions placed on a chemical. If they dispose of a substance regulated by TSCA, they must follow disposal restrictions.

Distributors are those who sell, introduce, hold for commercial distribution, or deliver chemical substances into commerce. They are subject to the same general categories as users, with the addition of recordkeeping. They cannot continue to distribute chemicals that have been recalled or banned.

TSCA’s Scope

The statute regulates new chemical substances and existing chemicals that will be used in a significantly new manner by requiring that the EPA review information before manufacturing begins. It also allows the EPA to require testing of existing chemicals; regulate, restrict or ban chemicals found to pose a significant risk to human health or the environment; gather information on chemical substances through reporting and records; and declare an imminent hazard so that immediate action can be taken. The EPA’s enforcement powers associated with TSCA are similar to those under other environmental laws.

TSCA Inventory

Before it could provide special procedures for new chemicals, the EPA had to determine what chemical substances already existed, so it created two inventory lists. One, the TSCA Inventory, covers all chemicals except those for which confidentiality was claimed; those will be listed only by generic name on the TSCA Inventory but listed in full on the other list, the EPA’s master file. Only the EPA can search the master file, and it will do so if a person can demonstrate a bona fide intent to import or manufacture a substance not on the TSCA inventory. The inventory must be updated every four years.

Chemical substance manufacturing and research is highly competitive. Businesses regulated by TSCA may want to guard unique developments, and Congress recognized that concern. TSCA provides for the protection of confidential business information, including specific chemical formulas. To claim the confidentiality, the manufacturer must assert it from the beginning of the TSCA process and maintain it throughout. When the chemical is finally manufactured, EPA will list the chemical on the TSCA Inventory according to a generic name, but the actual data is contained on the Confidential Inventory.

Chemical substance manufacturing and research is highly competitive. Businesses regulated by TSCA may want to guard unique developments, and Congress recognized that concern. TSCA provides for the protection of confidential business information, including specific chemical formulas. To claim the confidentiality, the manufacturer must assert it from the beginning of the TSCA process and maintain it throughout. When the chemical is finally manufactured, EPA will list the chemical on the TSCA Inventory according to a generic name, but the actual data is contained on the Confidential Inventory.

Premanufacturing Process

Before a person may import or manufacture a chemical substance, he or she must check the TSCA Inventory. If the inventory contains a generic description that is protected under the confidential business information provisions, but the description is similar to the substance the person intends to introduce, the EPA will search the Master Inventory. But before it does the search, it must be convinced that the person making the inquiry is actually intending to manufacture or import it.

Since TSCA is a gap filler and regulates commercially marketed chemicals, some exceptions exist to the requirements of the law. For example, the Food, Drug, and Cosmetic Act, the Atomic Energy Act, and the Federal Insecticide, Fungicide, and Rodenticide Act have comprehensive requirements for the chemicals that fit their definitions. A pesticide is regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, while drugs are regulated under the Food, Drug, and Cosmetic Act, even though they are both chemical substances by definition.

Substances used only for research and development are exempt from the requirements of the law, as are articles containing chemicals not exposed during normal operation and impurities created incidentally through another process. The EPA lists fifteen exemptions from the requirement to file a PMN.

The underlying reasons for exemptions are:

• lack of significant human exposure,
• encouragement of research, and
• testing of chemicals that are likely to be commercially exploited.

Other exemptions are not automatic and must be applied for, such as the limited volume exemption or the test marketing exemption. The notice given to the EPA to request an exemption is not as extensive as the ordinary premanufacturing notice or significant new use notice, and the time period for review by the EPA is cut from 90 days to 21 days.

Significant New Uses

A person who wishes to manufacture, import, or process an existing chemical for a significant new use must submit to the EPA a notice similar to the premanufacturing notice. Before the action is subject to the significant new use provisions, the EPA must actually list a significant new use rule so the manufacturer or processor does not have to decide whether it must file a notice. A new use includes almost any change associated with the chemical substance, such as quantity being manufactured and location of manufacture, as well as any new method of using the substance.

Testing Rules

The EPA is responsible for evaluating data about chemical substances, not only new chemicals but also existing chemicals. The agency has the power to limit or ban the manufacture of new chemicals to allow it time to review the information. It can also request further testing if the information contained in the premanufacturing notice is not adequate for it to reach a conclusion about the risk posed by the chemical.

If the EPA determines that an existing chemical may present an unreasonable risk or that the number of people who will be exposed is high, and that additional data is necessary to evaluate it, the EPA can issue a rule requiring testing. A testing rule must include identification of the substance or mixture subject to the rule, standards to be used to develop test data, and the deadline for submitting standards to the agency.

After the rule is published, a manufacturer must file a notice of intent to test, a request for an exemption, or stop manufacturing the chemical. It is not necessary for every manufacturer to perform separate testing, however. One may design a testing program that will represent the rest of the manufacturers. However, anyone who relies on the tests must reimburse the company that does the testing.

Congress established an interagency committee, the Interagency Testing Committee, to recommend substances that should receive priority for testing under TSCA. It must consider the quantity of the chemical, extent and duration of human exposure, relation to other chemicals known to be toxic, available data on its effects, and whether additional information will help determine the risks of the substance. The EPA then establishes a priority list for testing. If the EPA decides not to list the recommended chemical substance, it must publish a public notice explaining its decision.

Regulating Hazardous Chemical Substances

The goal of TSCA is to prevent unreasonable risks to health or the environment. But like other environmental laws, TSCA requires a balancing of benefits and risks.

Section 6 of TSCA allows the EPA to restrict certain hazardous chemicals and even to ban manufacture or distribution in commerce. But before this authority can be exercised, the EPA must take into consideration:

• the effects of the substance on health and the magnitude of human exposure,
• environmental effects and magnitude of environmental exposure,
• the benefits of the substance and availability of substitutes, and
• reasonably ascertainable economic consequences, including effect on national economy, small business, technological innovation, environment, and public health.

Assuming the EPA determines the chemical should be restricted, the remedy selected must be the least burdensome restraint that will protect against the risk involved. Examples of limitations include total prohibition or quantity ceilings on manufacturing, processing or distribution; restrictions on the use or concentration of chemical; worker protection and training; addition of clear instructions and warnings to labeling; testing and reporting; control of disposal and commercial use; and orders for public notice, replacement, or recall of the substance.

Few chemicals have been regulated by this provision of TSCA, but they are notable. Asbestos, polychlorinated biphenyls (PCBs), hexavalent chromium, metal working fluids, dioxins, and chlorofluorocarbons (CFCs) have been singled out. Of those, the prohibition on using CFCs as a propellant and the gradual phaseout of polychlorinated biphenyls (a chemical used primarily as a dielectic fluid in electrical equipment) have been most effective. Hexavalent chromium is no longer permitted in air conditioning cooling towers.

The EPA tried using TSCA to ban the use of asbestos in many products, but the rules were later struck down in court. The Fifth Circuit Court of Appeals found a number of problems with the asbestos restrictions: first, the public had insufficient opportunity to comment; second, the EPA did not rely on direct evidence but extrapolated to determine the harm caused by asbestos, assuming that each exposure resulted in an injury when that was not demonstrated; third, no suitable substitute appeared to be available; fourth, the EPA made no costbenefit analysis; and finally, it failed to select the least burdensome method to address the harm. After the decision in Corrosion Proof Fittings v. Environmental Protection Agency, the only uses prohibited by the TSCA rule are new uses. Thus, the agency has announced it will probably not rely heavily on Section 6 of TSCA.

Recordkeeping and Reporting

In addition to reviewing data, the EPA must require manufacturers and processors to maintain records about chemical substances, including information about production, known environmental and health effects, worker exposure information, and disposal methods. They must also record allegations about unanticipated health effects and submit unpublished health and safety studies. If the manufacturer or processor has information that reasonably supports a conclusion that the substance or mixture poses a substantial risk to health or the environment, it must immediately report it to the EPA.

The EPA has issued two model rules listing chemicals for which information is required. The first is called the Preliminary Assessment Information Rule, and it was published in 1982. In 1988, the Comprehensive Assessment Information Rule was promulgated. The latter rule may gradually take the place of the former. Nineteen substances are on the final list; five hundred were on the first.

If a chemical substance is recommended by the Interagency Testing Agency for priority listing and testing, it is also added to the Preliminary Assessment Information Rule list. That rule requires manufacturers or importers to file a two page report on the quantity of the substance produced and worker exposure data. The Comprehensive Assessment Information Rule requires manufacturers, importers, and processors to provide extensive information about the chemicals it covers: physical and chemical properties, treatment and disposal, environmental release and fate, and financial information.

Miscellaneous Agency Powers

If a substance presents an imminent danger, the EPA can apply for an injunction to stop manufacture immediately, cause it to be recalled, and require public notification about the risks. The EPA also can seize chemical substances using this authority. This power is not used widely; it is designed to apply only when health or environmental injuries are likely to occur and restricting the substance under Section 6 of TSCA would take too long.

Enforcement

The EPA has extensive subpoena rights under TSCA. If the recipient of a subpoena does not respond, a federal court can order compliance. The EPA also applies its subpoena powers under TSCA to gathering information for any alleged environmental violation, as long as a chemical is involved. Inspections are also authorized by the statute. Places which are subject to inspection range from transportation vehicles and storage premises to manufacturing plants.

In addition to issuing orders and subpoenas, inspecting, requiring testing and/or information, restricting or banning manufacture, the EPA has enforcement authority for violations of TSCA. Unlike the enforcement provisions of other major statutes, however, TSCA enforcement begins with an administrative procedure.

TSCA gives the EPA the right to file an administrative complaint. After providing the violator an opportunity for a hearing, the EPA may assess a civil penalty of up to $25,000 per day of violation. TSCA complaints go to an administrative law judge, and if a hearing is held, it is a formal proceeding. The EPA does not have the right to sue from the beginning, as it does when enforcing the Clean Air Act or Clean Water Act. If the agency prevails at the hearing and the respondent refuses or fails to pay, the case may then go to court.

Criminal cases, though, are taken directly to court, as any other criminal case must be. A criminal violation involves a knowing and willful violation of the law. The criminal fine is the same as the civil one, but the violator may also spend up to a year in jail.

Lead, Asbestos in Schools, and Radon

Congress has added separate statutes to TSCA to deal with lead, asbestos in schools, and radon. The asbestos in schools program, developed under the Asbestos Hazard Emergency Response Act, has been the most influential of the three laws. Many of its procedures and provisions are used in commercial settings as well as schools to determine how to take samples and establish the qualifications of inspectors.

Indoor radon problems are addressed in TSCA as well. Radon is a naturally occurring gas that results from decay of radioactive materials. When buildings are tightly constructed, they trap the gases inside, so indoor radon became an issue because of tightly sealed and insulated buildings. It tends to settle in the lower levels of a structure. The law requires the EPA to develop model construction standards for buildings and techniques for controlling radon levels. The agency is also directed to develop a study to find out the extent of radon contamination in school and federal buildings.

Finally, TSCA deals with another chemical that has caused health problems, particularly in children: lead. The EPA has issued a notice of proposed rulemaking for the use of lead and its compounds. It is also developing training and accreditation programs for lead abatement workers. Lead in drinking water systems is governed under the Safe Drinking Water Act. See also criteria pollutant; National Ambient Air Quality Standards; National Emission Standards for Hazardous Air Pollutants; National Pollutant Discharge Elimination System.

Finally, TSCA deals with another chemical that has caused health problems, particularly in children: lead. The EPA has issued a notice of proposed rulemaking for the use of lead and its compounds. It is also developing training and accreditation programs for lead abatement workers. Lead in drinking water systems is governed under the Safe Drinking Water Act. See also criteria pollutant; National Ambient Air Quality Standards; National Emission Standards for Hazardous Air Pollutants; National Pollutant Discharge Elimination System.

Based on \”Environment and the Law. A Dictionary\”.

Toxic Substances Control Act

Act Details

Toxic Substances Control Act was, as a bill, a proposal (now, a piece of legislation) introduced on 1976-03-16 in the House of Commons and Senate respectively of the 94 United States Congress by John Varick Tunney in relation with: Chemicals, Consumer protection, Environmental health, Environmental law and legislation, Environmental protection, Financial disclosure, Government records, documents, and information, Public health.

Toxic Substances Control Act became law (1) in the United States on 1976-10-11

It was referred to the following Committee(s): (2)

• Senate Commerce (SSCM)
• House Interstate and Foreign Commerce (HSIF)

Sponsor

John Varick Tunney, Democrat, Senator from California

The proposal had the following cosponsors:

John Anthony Durkin, Democrat, Senator, from New Hampshire
Hugh Williamson, Federalist, from North Carolina, district 4
Rupert Vance Hartke, Democrat, Senator, from Indiana
Warren Grant Magnuson, Democrat, Senator, from Washington
Frank Moss, Democrat, Senator, from Utah
James Blackwood Pearson, Republican, Senator, from Kansas
Ted Stevens, Republican, Senator, from Alaska
Adlai Ewing Stevenson, Democrat, Representative, from Illinois, district 13
Lowell Palmer Weicker, Republican, Senator, from Connecticut

Act Overview

• Number: 3149 (3)
• Official Title as Introduced: An Act to regulate commerce and protect human health and the environment by requiring testing and necessary use restrictions on certain chemical substances, and for other purposes (4)
• Short Title: Toxic Substances Control Act
• Date First Introduced: 1976-03-16
• Sponsor Name: Lowell Palmer Weicker
• Assignment Process: See Committe Assignments (5)
• Latest Major Activity/Action: Enacted
• Date Enacted (signed, in general (6), by President): 1976-10-11
• Type: s (7)
• Main Topic: Environmental protection
• Related Bills: (8)hr14032-94, Reason: related, Type: bill
• Summary of Toxic Substances Control Act: Govtrack. Authored by the Congressional Research Service (CRS) of the Library of Congress.
• Primary Source: Congress Website

Text of the Toxic Substances Control Act

(Conference report filed in Senate S. Rept. 94-1302) Toxic Substances Control Act – Provides that if the Administrator of the Environmental Protection Agency finds that testing of a chemical substance in accordance with a test protocol for such substance is necessary to protect against unreasonable risk to health or the environment he may by rule require that testing be conducted on such substance to develop data with respect to the health and environmental effects for which there is an insufficiency of data.

States that a rule requiring the testing of a chemical substance or mixture must include:

• identification of the substance or mixture for which testing is required; and
• standards for the development of test data for such substance.

Requires persons intending to manufacture or process the substance to perform the necessary tests. Authorizes the Administrator to exempt chemicals and mixtures from the testing requirement if he determines that data has been or is being developed for substantially the same compound. Directs the Administrator upon receipt of the test results to promptly publish in the Federal Register the test data the intended uses of the substances and the nature of the tests. Establishes a committee to recommend to the Administrator the chemical substances and mixtures to which the Administrator should give priority consideration for testing. States that the committee shall give priority attention to chemical substances known or suspected of causing or contributing to cancer gene mutations and birth defects. Sets forth the membership of the committee.

Specifies that upon the receipt of any test data which indicates that a chemical substance or mixture has the potential to induce in human beings cancer gene mutations or birth defects the Administrator shall take action within 180 days to limit human exposure. Requires manufacturers to give a 90-day notice to the Administrator of their intent to manufacture a new chemical substance and to submit data developed in accordance with the requirements of this Act where the Administrator has determined that the use of such chemical substance will be a “significant new use.” Exempts from this requirement persons who satisfactorily demonstrate that the proposed substance or activity will not cause an unreasonable risk of injury to human health or the environment.

Requires the Administrator to issue a proposed rule or an order prior to the expiration of the notification period where the Administrator has found that the manufacture or use of a chemical substance presents an unreasonable risk of injury to health or the environment. Authorizes exemptions from the testing requirement if the Administrator determines that the manufacture and distribution of such substance would not present an unreasonable risk to health or the environment under the particular circumstance or under appropriate restrictions.

Authorizes the Administrator upon a finding that a chemical substance is dangerous or potentially dangerous to prescribe rules using the least burdensome requirements to:

•  prohibit the manufacture or distribution of a substance or limit the amount which may be produced or distributed;
• prohibit particular use or uses of such a substance; and
• require an adequate warning with regard to the use or disposal of the substance.

Provides the Administrator with criteria for formulating such rules. Authorizes the Administrator to order a manufacturer or processor to revise his quality control procedures if the Administrator determines that such manufacturer or processor is manufacturing or processing a chemical substance in a manner which causes it to present an unreasonable risk of injury to health or the environment. Makes it unlawful effective one year after the date of enactment of this Act to manufacture process distribute in commerce or use any polychlorinated biphenyl in any manner other than in a totally enclosed environment. Makes it unlawful effective two years after the date of enactment of this Act to manufacture such items; and unlawful 2 1/2 years after such date to process or distribute in commerce such item. Permits the Administrator to make exceptions to such restrictions where he determines that no unreasonable risk of injury to health or the environment is presented. Directs the Administrator to promulgate within six months rules prescribing methods for the disposal of such item.

Authorizes the Administrator to file an action in a United States district court:

• for seizure of an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture;
• for relief against any person who manufactures processes or distributes such substance mixture or article; or
• for both seizure and relief.

Authorizes the Administrator by rule to require reports from all manufacturers and processors of chemical substances where appropriate to ascertain the chemical identity quantity and uses of substances produced. Requires the Administrator to compile and publish a list of each chemical substance which is manufactured or processed in the United States. Directs any person who manufactures processes or distributes in commerce any chemical substance or mixture to maintain records of significant adverse reactions to health or the environment. Authorizes the Administrator to require manufacturers processors or distributors to submit lists of health and safety studies with respect to chemical substances or mixtures which they intend to introduce into commerce. Requires any person who manufactures processes or distributes in commerce a chemical substance or mixture and who obtains information which reasonably supports the conclusion that such substance or mixture presents an unreasonable risk to health or the environment to immediately inform the Administrator of such risk unless such person has actual knowledge that the Administrator has been adequately informed of such risk.

Requires the Administrator to coordinate actions taken under this Act with actions taken under other Federal laws administered in whole or in part by the Administrator. Directs the Administrator to conduct such research development and monitoring as is necessary to carry out the purposes of this Act. Authorizes the establishment of an interagency committee whose primary responsibility shall be to design an efficient system within the Environmental Protection Agency for the collection of data. Directs the Administrator to coordinate with the Assistant Secretary for Health a program for the development of rapid reliable and economical screening techniques for carcinogenic mutagenic teratogenic and ecological effects of chemical substances and mixtures.

Provides for research programs aimed at the development of monitoring techniques for the detection of toxic chemical substances. Requires the Administrator to establish a system of exchange among Federal State and local authorities of research results with respect to toxic chemical substances. Authorizes the Administrator to inspect after written notice premises in which chemical substances or mixtures are manufactured processed or stored to determine whether the requirements of this Act have been complied with. Provides that this Act shall not apply to any chemical substances which are to be used solely for export from the United States.

Requires the Secretary of the Treasury to prohibit the entry into the customs territory of the United States of material or article containing a chemical substance or mixture if:

• it fails to comply with any rule in effect under this Act; or
• it is otherwise prohibited pursuant to this Act from being distributed in commerce.

Permits disclosure of data received by the Administrator pursuant to this Act under limited circumstances and prescribes criminal penalties for wrongful disclosure. Enumerates civil and criminal penalties for violations of the provisions of this Act and grants jurisdiction to Federal district courts to specifically enforce such provisions. Provides that no State or political subdivision may establish similar requirements for the testing of a substance or mixture after the Administrator has issued a rule. Provides for judicial review in the courts of appeals of the United States for specified rules promulgated under this Act. Authorizes any person to commence a civil action in specified district courts against any person including the United States alleged to be in violation of this Act. Prescribes procedures for any person to petition the Administrator to issue a rule for testing standards or regulation of hazardous substances. Requires the Administrator to waive compliance with the provisions of this Act upon a statement by the President that such waiver is necessary in the interest of national defense. Prohibits any employer from discharging any employee for taking any action pursuant to this Act.

Requires that the Administrator evaluate on a continuing basis the potential effects on employment of the requirements of this Act or the issuance of a rule or order pursuant to this Act. Directs the Administrator to conduct a study of all Federal laws administered by the Administrator for the purpose of determining whether and under what conditions if any indemnification should be afforded any person as a result of any action taken by the Administrator under any such law. Authorizes the Secretary of Health Education and Welfare to make grants to public and nonprofit private entities and to enter into contracts for the development and evaluation of methods of determining the health and environmental effects of chemical substances and mixtures. Authorizes the Administrator to make grants to States for the establishment and operation of programs to prevent or eliminate unreasonable risks within the States to health or the environment which are associated with a chemical substance. Authorizes appropriations for fiscal years 1977 1978 and 1979 to carry out the purposes of this Act. Requires the Administrator to prepare and submit to the President and the Congress an annual report on the administration of this Act.

Act Notes

• [Note 1] An Act (like Toxic Substances Control Act) or a resolution cannot become a law in the United States until it has been approved (passed) in identical form by both the House of Representatives and the Senate, as well as signed by the President (but see (5)). If the two bodys of the Congress versions of an Act are not identical, one of the bodies might decide to take a further vote to adopt the bill (see more about the Congress process here). An Act may be pass in identical form with or without amendments and with or without conference. (see more about Enrollment).
• [Note 2] Proposals are referred to committees for preliminary consideration, then debated, amended, and passed (or rejected) by the full House or Senate. To prevent endless shuttling of bills between the House and Senate, bills like Toxic Substances Control Act are referred to joint committees made up of members of both houses.
• [Note 3] For more information regarding this legislative proposal, go to THOMAS, select “Bill Number,” search on (Toxic Substances Control Act)
• [Note 4] An Act to regulate commerce and protect human health and the environment by requiring testing and necessary use restrictions on certain chemical substances, and for other purposes. The current official title of a bill is always present, assigned at introduction (for example, in this case, on 1976-03-16) and can be revised any time. This type of titles are sentences.
• [Note 5] The Act is referred to the appropriate committee by the Speaker of any of the two Houses. Bills are placed on the calendar of the committee to which they have been assigned. See Assignment Process.
• [Note 6] Regarding exceptions to President´s approval, a bill that is not signed (returned unsigned) by the President can still become law if at lest two thirds of each of the two bodys of the Congress votes to pass it, which is an infrequent case. See also Presidential Veto.
• [Note 7] Legislative Proposal types can be: hr, hres, hjres, hconres, s, sres, sjres, sconres. A bill originating in the Senate is designated by the letter “S”, and a bill originating from the House of Representatives begins with “H.R.”, followed, in both cases, by its individual number which it retains throughout all its parliamentary process.
• [Note 8] For information regarding related bill/s to Toxic Substances Control Act, go to THOMAS.

Analysis

No analysis (criticism, advocacy, etc.) about Toxic Substances Control Act submitted yet.

Topics:

• Chemicals
• Consumer protection
• Environmental health
• Environmental law and legislation
• Environmental protection
• Financial disclosure
• Government records, documents, and information
• Public health

Further Reading

• Bergeson, Lynn L. 2000. TSCA: Toxic Substances Control Act. Basic Practice Series. American Bar Association, Chicago, Illinois. 151 pp.
• Bergeson, Lynn L., Lisa M. Campbell, and Lisa Rothenberg. 2000. TSCA and the Future of Chemical Regulation, EPA Administrative Law Reporter, v. 15, n. 4, 23 pp.
• Hathaway, Carolyne R., David J. Hayes, and William K. Rawson. “A Practitioner’s Guide to the Toxic Substances Control Act: Part I.” Environmental Law Reporter, v. 24, May 1994, pp. 10207-10230.
• Hathaway, Carolyne R., David J. Hayes, and William K. Rawson. “A Practitioner’s Guide to the Toxic Substances Control Act: Part II. Environmental Law Reporter, v. 24, June 1994, pp. 10285-10304.
• Hathaway, Carolyne R., David J. Hayes, and William K. Rawson. “A Practitioner’s Guide to the Toxic Substances Control Act: Part III. Environmental Law Reporter, v. 24, July 1994, pp. 10357-10405.