ABCD to Meet TSCA Compliance

Toxic Substances Control Act (TSCA), is a U.S. federal law that regulates the manufacture, importation, processing, distribution, and use of chemicals TSCA compliance refers to adherence to the requirements and regulations outlined in this law. Under the Toxic Substances Control Act, the U.S. Environmental Protection Agency (EPA) has the authority to evaluate and regulate chemicals used in commerce. The primary goal of TSCA is to ensure that chemicals are safe for human health and the environment.

How to comply with TSCA?

1. Chemical Data Reporting (CDR): If the company manufactures or imports chemical substances in quantities above certain thresholds, they are required to submit a CDR to the EPA. The CDR provides information on the production volume, intended uses, and exposure of chemical substances, i.e., potential health and environmental effects. Reporting is typically done every four years.
2. Premanufacture Notice (PMN): Before introducing a new chemical substance into commerce, manufacturers or importers are generally required to submit a PMN to the EPA. If a company plans to manufacture or import a new chemical substance not listed on the TSCA Chemical Substance Inventory, it should submit a PMN to the U.S. Environmental Protection Agency (EPA) at least 90 days before manufacturing or importing the substance. The PMN provides the EPA with information about the chemical substance's identity, intended uses, and potential risks.
3. Chemical Testing: The EPA is authorized to require testing of chemical substances to assess their potential hazards. Companies may be obligated to conduct specific tests or provide existing data to the EPA.
4. Significant New Use Rule (SNUR): If the EPA determines that a chemical substance may present a risk, it can issue a SNUR to regulate or restrict that specific chemical substance or category of that substance. A SNUR requires that a Significant New User Notice (SNUN) must be submitted to EPA before using the substance in a way that was not previously identified or allowed. This rule applies to both new chemicals and existing chemicals that are subject to significant new uses.
5. Confidential Business Information (CBI): Companies may claim certain information as confidential to protect trade secrets. However, they need to follow specific procedures to make such claims and provide the necessary information to the EPA.

Key factors to consider for TSCA compliance:

There are some key factors that must be considered to meet TSCA compliance in the United States for manufacturing companies. The factors are listed below to help you meet TSCA compliance without complications:

1. Export Notification: If you plan to export certain chemical substances regulated by TSCA, you may need to comply with export notification requirements. The EPA requires notification of exports for certain chemicals or mixtures that are subject to TSCA regulations.
2. Recordkeeping: Maintain records of information necessary to comply with TSCA regulations. This includes records related to the manufacturing, processing, distribution, use, and disposal of chemical substances. Proper recordkeeping helps demonstrate compliance and supports any reporting obligations.
3. Reporting of Adverse Effects: If you identify or become aware of any substantial risk of injury to health or the environment associated with a chemical substance, you are required to report it to the EPA. This includes reporting incidents such as spills, releases, or accidents involving regulated substances.
4. Compliance with Restrictions and Prohibitions: TSCA may impose restrictions or prohibitions on certain chemicals or substances. Ensure that your products comply with any specific limitations, bans, or requirements related to the use, manufacture, or import of these substances.
5. Labeling and Safety Data Sheets (SDS): Properly label your products in accordance with TSCA requirements. This includes providing appropriate hazard warnings and information. Prepare accurate and up-to-date Safety Data Sheets (SDS) that comply with TSCA guidelines.
6. Compliance with EPA Regulations and Guidance: Stay informed about EPA regulations, guidance documents, and updates related to TSCA. Regularly review and comply with any new requirements or changes to existing regulations.
7. Training and Awareness: Provide appropriate training and awareness to employees involved in handling, manufacturing, importing, or distributing chemical substances. Ensure they understand their responsibilities and comply with TSCA requirements.

It's important to note that TSCA compliance can be complex, and the specific requirements may vary depending on the nature of the chemical substances and products involved. Hence, consulting legal experts, regulatory consultants, or the EPA directly for detailed guidance and to ensure comprehensive compliance with TSCA will be a better choice.

Simple Guidelines to meet TSCA compliance:

• Determine if your product contains substances regulated by TSCA: Review the ingredients or components of your product to identify any chemicals or substances that may be subject to TSCA regulations. TSCA applies to both existing and new chemical substances.
• Verify substance inventory status: Check if the substances in your product are listed on the TSCA Chemical Substance Inventory. Substances listed as "active" are typically subject to TSCA requirements, while substances listed as "inactive" or "exempt" may have different regulations.
• Comply with TSCA import/export requirements: If you are importing or exporting the product or its components, ensure compliance with TSCA import/export requirements. This may involve filing appropriate forms or notifications with the U.S. Environmental Protection Agency (EPA).
• Assess reporting obligations: Determine if your product requires any reporting obligations under TSCA. This may include premanufacture notifications (PMNs) for new chemical substances or chemical data reporting (CDR) for certain existing substances.
• Understand TSCA restrictions and prohibitions: Familiarize yourself with any specific restrictions or prohibitions on the use or manufacture of certain chemicals or substances under TSCA. Ensure your product complies with any applicable restrictions.
• Ensure labelling and safety data sheets (SDS): Properly label your product according to TSCA requirements, including any hazard communication elements. Prepare accurate safety data sheets (SDS) that comply with TSCA guidelines.
• Stay informed about updates and amendments: Be up to date with any changes to TSCA regulations or reporting requirements. Regularly review EPA guidance and updates to ensure ongoing compliance.
• Consult legal experts or regulatory consultants: If you are unsure about your product's compliance with TSCA or need assistance with regulatory matters, consider consulting legal experts or regulatory consultants with expertise in TSCA compliance.

What if organizations fail to comply with TSCA?

Compliance with TSCA is important for companies operating in the United States to ensure that their chemical substances meet regulatory requirements and avoid penalties for non-compliance. TSCA has authorized EPA to seek criminal penalties against any person who “knowingly or willfully” violates any provision of TSCA. EPA can also seek criminal fines of up to $50,000/ Day the violation continues and/or imprisonment for up to one year, or both.

Hence, it is recommended that businesses consult the EPA's guidelines, engage in proper testing and reporting procedures, and stay updated on any changes or amendments to TSCA regulations.

APA can ensure TSCA!

With more than two decades of experience in the compliance industry, our regulatory experts can help you understand TSCA regulation better, bridge gaps, and effectively streamline your business process to comply with the TSCA. Better yet, we can automate all this with our advanced tool – GreenCheck, saving you time and cost!