Toxic Substances Control Act

Regulations

Chemical substances regulated by the the TSCA include “Any organic or inorganic substances of a particular molecular identity including any combination of such substances occurring, in whole or in part, as a result of chemical reaction or occurring in nature and any element or uncombined radical.” Those substances not regulated by the TSCA include (1) pesticides regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); (2) tobacco and tobacco products regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); (3) radioactive materials regulated by the Nuclear Regulatory Commission (NRC); and (4) foods, food additives, drugs, cosmetics, or devices regulated by the Food and Drug Administration (FDA).

Laboratories engaged in research must consider the implications of TSCA to their operation. There are, however, research and development (R&D) exemptions, which include those that are imported, produced, or used in small quantities; used solely for purposes of noncommercial scientific, experimentation, or analysis of research; and under the supervision of a technically qualified person. Laboratories must also comply with other TSCA requirements, such as certifying TSCA status of imports of R&D substances, notifying receiving countries of exports of certain R&D substances, documenting prudent laboratory practices, creating and maintaining records of any allegations of effects to human health or environment potentially caused by R&D substances, and documenting and recording any significant risks associated with these substances.

Among the chemicals EPA regulates under Section 6 authority are asbestos, chlorofluorocarbons (CFCs), lead, and polychlorinated biphenyls (PCBs). Asbestos tends to break down into a dust of microscopic fibers, which can easily penetrate body tissues after being inhaled or ingested. The fibers can remain in the body for many years, and symptoms of diseases sometimes appear 10–30 years after exposure. The EPA banned the manufacture of lead-based paint and related products in 1978, after it was shown that exposure to this substance can create long-term health effects, especially in children.

PCBs are mixtures of synthetic organic chemicals. Because of their nonflammability, chemical stability, and electrical insulating properties, they were used in several industrial and commercial applications, such as electrical, heat transfer, and hydraulic equipments. They have significant ecological and human health effects, including carcinogenicity, neurotoxicity, reproductive and developmental toxicity, immune system suppression, skin irritation, and endocrine disruption.

Proposed Changes in the TSCA

The world changed dramatically after the TSCA was passed in 1976. Companies are now using nanotechnology to create chemicals and materials that [Page 923]may have additional hazards not covered by the existing law. Because of a confluence of knowledge and technology, there is a general consensus from a myriad of federal agencies such as the National Institute of Environmental Health Sciences (NIEHS) and the National Toxicology Program (NTP), as well as other stakeholder groups, about a need for a fresh perspective on chemical evaluation.

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