The Toxic Substance Control Act (TSCA) (15 U.S.C.A. 2601 et seq.) regulates the manufacture of chemicals in the USA at the national level. It also tracks the chemicals imported into the United States.
The said TSCA is founded on the following three basic parameters.
In the first place in tune with the principles of self-regulation and control, industry manufacturing any chemicals is primarily responsible for finding out the environmental impact of its products.
Secondly the Government as the custodian has the authority to prevent high risk of injury to the environment from the toxicity of chemicals.
Thirdly the Government policy in this area is not to stand in the way of technological innovation by placing economic barriers on chemical industry, in its pursuit to prevent environmental damage. The comparative benefits and environmental hazards have to be evaluated for decision-making.
The most important stipulations of the TSCA are contained in Sections 4,5 and 6 thereof.
Section 5 requires the manufacturer to give notice to the Environment Protection Authority (EPA) before manufacturing new chemicals.
The manufacturer must then test those new chemicals that pose ‘an unreasonable risk’ to the environment or have a probability of ‘substantial human exposure’, covered under Section 4.
However, those new chemicals not covered under Section 4 but still considered by the said EPA as ‘ potentially hazardous’ are appraised at a hearing held under Section 6.
EPA has systems in place to track down new chemicals developed by industry or imported into the country with dangerous or unknown characteristics. The said authority monitors the use of these chemicals to protect human health and ecology.
EPA can ban the import and manufacture of those chemicals that pose grave risks.
