Toxic Substance Control Act

Background

Under Section 5 of the Toxic Substance Control Act (TSCA) of 1976, the Environmental Protection Agency (EPA) is authorized to issue new rules when it identifies a “significant new use” could result in exposures to, or releases of, a substance of concern (EPA, 2023).

From 2016-2022, the EPA composed a detailed list of the chemicals known to have hazardous and adverse effects on humans and the environment which they considered either a high or low priority as part of their chemical risk assessment process.

How EPA Evaluates the Safety of Existing Chemicals | US EPA

Source: Environmental Protection Agency

Under TSCA, the Environmental Protection Agency oversees certain regulated activates to ensure the safe use and handling of chemicals listed under the act. These activities are:

  • Importation of Chemical(s)
  • Chemical Research for Commercial Purposes
  • Significant Risks and Adverse Reactions to Chemicals Discovered during Research

Chemical Substances Not Regulated under TSCA

  • Pesticides regulated by FIFRA
  • Tobacco and related products regulated by the ATF
  • Radioactive materials regulated by the NRC
  • Food, food addictive, drugs, cosmetics and or devices regulated by the FDA

Uses of TSCA listed chemicals can be exempted under the Research and Development (R&D) clause, if it is:

  • Import, manufactured, or used in small quantities.
  • Solely for purposes of non-commercial scientific experimentation, analysis, or research.
  • Under the supervision of a technically qualified individual.

To maintain an exemption status, chemical usages within the laboratories must comply with the following criteria:

  • If directly importing chemicals, Moravian University must provide to customs or the shipper at the airport a completed TSCA Import Certification Form certifying the TSCA chemical status.
  • Shipment of chemicals within the United States the R&D chemical substance must be labelled and marked properly. Risks must be communicated by preparing a manifest including shipment forms and the SDS.
  • Ensure grants and other funding documentation indicates the chemical is intended for research activities, lab activities only. The chemicals are not being used for commercial related purposes.

Moravian University is continuing to develop additional safeguards to protect faculty, staff, and students from the chemicals identified by the EPA has high risk.