TSCA Basics - Toxic Substances Control Act Overview

Overview

The Toxic Substances Control Act (TSCA) is the primary federal law governing the manufacture, processing, distribution, use, and disposal of chemical substances. Originally enacted in 1976 and significantly amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act in 2016, TSCA gives EPA broad authority to regulate chemicals that pose unreasonable risks to human health or the environment.

For environmental consultants, TSCA is most relevant in three areas: PCB regulations, asbestos regulations, and the emerging use of TSCA authority for PFAS compounds.

What TSCA Covers

TSCA regulates “chemical substances” broadly, but with important exclusions. TSCA does not apply to:

Pesticides (regulated under FIFRA)
Tobacco products
Nuclear materials (regulated under the Atomic Energy Act)
Firearms and ammunition
Food, food additives, drugs, and cosmetics (regulated under FDCA)

TSCA’s authority extends from pre-manufacture notification of new chemicals through the disposal of regulated substances. The law requires EPA to maintain the TSCA Chemical Substance Inventory - a list of chemicals manufactured or processed in the United States.

PCB Regulations (40 CFR Part 761)

Polychlorinated biphenyls (PCBs) are the most heavily regulated chemicals under TSCA and the ones environmental consultants encounter most frequently. PCBs were widely used as dielectric fluids in electrical equipment (transformers, capacitors), hydraulic fluids, heat transfer fluids, and as plasticizers and flame retardants in building materials.

TSCA banned the manufacture, processing, and distribution of PCBs in 1979. However, PCBs persist in the environment and in equipment that predates the ban.

PCB Concentration Classifications

Non-PCB: Less than 50 ppm
PCB-Contaminated: 50 ppm or greater but less than 500 ppm
PCB: 500 ppm or greater

Common Sources

Electrical equipment: Transformers (especially those manufactured before 1979), capacitors, voltage regulators, switches, and electromagnets
Building materials: Caulk, paint, floor tiles, ceiling tiles, and light ballasts in buildings constructed between the 1950s and 1979
Hydraulic systems: Some older hydraulic equipment used PCB-containing fluids
Soil and sediment: Environmental contamination from spills, leaks, and improper disposal

Key Regulatory Requirements

Labeling: PCB and PCB-contaminated equipment must be labeled with the EPA-approved PCB label
Storage: PCB waste must be stored in facilities meeting specific requirements (40 CFR 761.65) and disposed of within one year of being placed in storage
Disposal: PCB waste must be disposed of in approved facilities. Options include high-temperature incineration, chemical dechlorination, and EPA-approved alternative methods. Disposal requirements vary by concentration and waste type.
Spill cleanup: PCB spills are governed by the TSCA spill cleanup policy (40 CFR 761.125). Cleanup levels depend on the location (residential vs. industrial) and the concentration of the spill.
Record keeping: Facilities with PCB equipment or waste must maintain annual records and submit annual reports to EPA.

PCBs in Building Materials

PCBs in building caulk and other materials are an increasingly recognized issue, especially during renovation and demolition of buildings from the 1950s-1970s era. EPA has issued guidance on managing PCBs in caulk during renovation and demolition, but the regulatory framework is complex and sometimes conflicts with state waste management rules.

When PCB-containing caulk is removed during renovation, the waste management requirements depend on the PCB concentration and the volume of material. Bulk PCB remediation waste at concentrations of 50 ppm or greater must be disposed of in accordance with TSCA requirements.

Asbestos Under TSCA

TSCA addresses asbestos in several ways, though the regulatory landscape is complex because multiple federal agencies have overlapping authority:

TSCA Ban and Phase-Down Rule

EPA issued a final rule in 1989 banning most asbestos-containing products. The rule was largely overturned by the Fifth Circuit Court of Appeals in 1991 (Corrosion Proof Fittings v. EPA), leaving only certain specific product bans in place.

In 2024, EPA issued a new comprehensive ban on chrysotile asbestos under the amended TSCA. This ban prohibits the ongoing use of chrysotile asbestos in chlor-alkali manufacturing (with a compliance deadline) and other remaining uses. The ban does not address asbestos already in place in buildings - that is regulated under NESHAP (for demolition and renovation) and AHERA (for schools).

What TSCA Does Not Cover for Asbestos

Demolition and renovation work practices: Regulated under EPA’s asbestos NESHAP (40 CFR Part 61, Subpart M)
Asbestos in schools: Regulated under AHERA (which is a separate title of TSCA - Title II)
Occupational exposure: Regulated under OSHA standards (29 CFR 1926.1101 for construction, 29 CFR 1910.1001 for general industry)
Asbestos disposal: Regulated under NESHAP and state solid waste regulations

The practical implication for consultants: when you encounter asbestos in the field, the applicable regulations are typically NESHAP, OSHA, and state rules rather than the TSCA manufacturing ban.

PFAS Under TSCA

TSCA’s authority is increasingly being used to address PFAS compounds:

Significant New Use Rules (SNURs)

EPA has issued SNURs under TSCA Section 5 requiring manufacturers and importers of certain long-chain PFAS to notify EPA before restarting production. These rules apply to PFOS, PFOA, and related compounds that were voluntarily phased out by manufacturers.

TSCA Reporting Requirements

In 2023, EPA finalized a rule requiring manufacturers (including importers) of PFAS and PFAS-containing articles to report information on PFAS manufactured since 2011. This is a one-time reporting requirement that provides EPA with a comprehensive picture of PFAS manufacturing, processing, and use in the United States.

CERCLA Hazardous Substance Designation

While not technically a TSCA action, EPA’s designation of PFOA and PFOS as CERCLA hazardous substances (finalized in 2024) intersects with TSCA reporting requirements and has significant implications for cleanup liability at sites with PFAS contamination.

Lautenberg Act Amendments (2016)

The 2016 Lautenberg amendments significantly strengthened TSCA by:

Requiring EPA to evaluate existing chemicals against a risk-based safety standard
Establishing a process for prioritizing chemicals for evaluation (high-priority vs. low-priority)
Requiring EPA to manage identified unreasonable risks through rulemaking
Reforming the new chemical review process
Preempting some state chemical regulations during EPA’s evaluation period (with exceptions)

The amendments have resulted in EPA conducting risk evaluations for dozens of high-priority chemicals, including methylene chloride, TCE, PCE, and 1-bromopropane. Several of these evaluations have led to final rules restricting or banning specific uses.

What Consultants Need to Know

For day-to-day environmental consulting work, the most important TSCA provisions are:

PCB identification and management during building assessments, demolition, and equipment decommissioning
AHERA requirements for asbestos management in schools (TSCA Title II)
Understanding that TSCA bans and restrictions are separate from cleanup standards. TSCA tells you what cannot be manufactured or used. State and federal cleanup programs (CERCLA, RCRA, state voluntary programs) tell you what concentrations require investigation and remediation.

Source

Toxic Substances Control Act (15 U.S.C. 2601-2697). 40 CFR Part 761 (PCB regulations). 40 CFR Part 763 (Asbestos - AHERA). Frank R. Lautenberg Chemical Safety for the 21st Century Act (P.L. 114-182).