What US Toxic Substances Control Act (TSCA, 15 USC ch 53): Premanufacture Notice, Risk Evaluation and Penalties requires
The Toxic Substances Control Act (TSCA), codified at 15 U.S.C. Chapter 53 (subchapter I, sections 2601-2629), gives the US Environmental Protection Agency (EPA) authority to regulate the manufacture, processing, distribution, use and disposal of chemical substances and mixtures, as substantially amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016. Section 2601 states the findings and policy, and section 2602 defines the regulated terms, including 'chemical substance', 'mixture', 'manufacture' and 'new chemical substance'. Section 2603 authorizes EPA to require testing of chemical substances and mixtures. Section 2604 requires premanufacture notification: no person may manufacture a new chemical substance, or manufacture or process a substance for a significant new use, unless that person submits to the Administrator, at least 90 days before such manufacture or processing, a notice of intention to manufacture or process the substance, and EPA reviews it. Section 2605 establishes the framework for prioritizing chemicals, conducting risk evaluations, and regulating substances that present an unreasonable risk of injury to health or the environment, including bans, restrictions and conditions. Section 2606 addresses imminent hazards, and section 2607 imposes reporting and recordkeeping requirements (including the Chemical Data Reporting rule and substantial-risk reporting). Section 2611 governs exports and section 2612 imports. Section 2610 confers inspection and subpoena authority. Section 2614 sets out the prohibited acts, and section 2615 sets the penalties: a civil penalty of not more than $37,500 for each violation, with each day of a continuing violation constituting a separate violation; a criminal penalty for a knowing or willful violation of a fine of not more than $50,000 for each day of violation, or imprisonment of not more than one year, or both; and, for a knowing endangerment placing another in imminent danger of death or serious bodily injury, a fine of not more than $250,000 or imprisonment of not more than fifteen years, or both (and a fine of not more than $1,000,000 for an organization). Penalty figures are subject to inflation adjustment by regulation.
Pillar: Water & Environmental Resources · Authority: US Congress / US Environmental Protection Agency (EPA) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title15/html/USCODE-2022-title15-chap53.htm
SHA-256 integrity: 17e9ff8ac8d1a25bba17f12b9cc7e5bb46443736e9c88ca9ffcccaf8547d3f99
Primary Citations — 8 traced to source
- Toxic Substances Control Act, 15 U.S.C. 2602 - definitions, including chemical substance and new chemical substance.
- Toxic Substances Control Act, 15 U.S.C. 2603 - testing of chemical substances and mixtures.
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