Contrary to what the name implies, TSCA does not separate chemicals into categories of "toxic" and "non-toxic". Rather it prohibits the manufacture or importation of chemicals that are not on the TSCA Inventory (or subject to one of many exemptions). Chemicals that are listed on the TSCA inventory are referred to as "existing chemicals". Chemicals not listed are referred to "new chemicals". Generally, manufacturers must submit premanufacturing notification to EPA prior to manufacturing (or importing) new chemicals for commercial purposes. There are notable exceptions, including one for research and development, and for substances regulated under other statues such as the Federal Food, Drug, and Cosmetics Act and the Federal Insecticide, Fungicide, and Rodenticide Act.
New chemicals notifications are reviewed by the Agency and if the Agency finds an "unreasonable risk to human health or the environment", may regulate the substance in a variety of ways, from limiting uses or production volume to an outright ban.
Subchapter II of the TSCA, "Asbestos Hazard Emergency Response," was enacted by the U.S. Congress in 1986 under PL 99-519 and amended in 1990 under PL 101-637. It authorizes the EPA to impose requirements for asbestos abatement in schools and requires accreditation of persons who inspect for asbestos-containing materials.
Subchapter III of the TSCA, "Indoor Radon Abatement," was enacted by the U.S. Congress in 1988 under PL 100-551. It requires the EPA to publish a guide to radon health risks and perform studies of radon levels in schools and federal buildings.
Subchapter IV of the TSCA, "Lead Exposure Reduction," was enacted by the U.S. Congress in 1992 under PL 102-550. It requires the EPA to identify sources of lead contamination in the environment, regulate amounts of lead allowed in products, including paint and toys, and establish state programs to monitor and reduce lead exposures.
Under 15 USC 2605(e) the TSCA specifically regulates PCBs. Subsection (2)(A) provides that after January 1, 1978, "no person may manufacture, process or distribute in commerce or use any polychlorinated biphenyl in any manner other than in a totally enclosed manner." This section of the TSCA also authorizes the EPA to regulate disposal of PCBs.
Acting under the TSCA and other laws, the EPA has published regulations for PCB disposal and set limits for PCB contamination of the environment. It has engaged in protracted negotiations with the U.S. General Electric company and other firms for remediation of sites contaminated with PCBs such as the upper Hudson River.
