Scope and Jurisdiction of TSCA

• Author: Carolyne R. Hathaway/William K. Rawson/Ann Claassen/Julia A. Hatcher
• Pages: 5-11

Page 5

Chapter II:

Scope and Jurisdiction of TSCA

The scope of TSCA is broad, matching

Congress’ ambitious agenda to regulate a

wide variety of chemicals manufactured,

imported, processed, used, distributed, or disposed

of in the United States. TSCA regulates two types

of materials —“chemical substances” and com-

binations of chemical substances, or “mixtures.”

In establishing the jurisdictional reach of TSCA,

both the statute a nd reg ulations dene “chemical

substances”—the key subject matter of TSCA—

expansively. is same expansive approach applies

to many other key jurisdictional terms in the stat-

ute, including “chemical manufacturers” (dened

to include importers of chemical substances) and

“chemical processors” (dened to include many

activities more traditionally understood as chemi-

cal use). ese points are discussed in detail below.

A. Chemical Substances

TSCA is potentially applicable to all “chemical sub-

stances” and “mixtures” manufactured, imported,

processed, used, dist ributed, or d isposed of in the

United States.1 e term “chemical substance” is

dened broadly under TSCA:

“[C]hemical substance” means any organic or

inorganic substance of a partic ular molecular

identity, including—

(i) any combination of such subs tances occ ur-

ring in whole or in part as a result of a chemi-

cal reaction or occ urring in nature and

(ii) any element or uncombined radica l.2

1. See 15 U.S.C. §2601, ELR S. TSCA §2.

2. Id. §2602(2)(A), ELR S. TSCA §3(2)(A).

is denition serves as the start ing point for

assessing TSCA’s application to a particular prod-

uct or operation.

“Mixtures” are not themselves considered chem-

ical substances, but are instead dened separately

as unreacted combinations of chemical substanc-

es.3 us, the application of TSCA depends in large

part on the determination that a chemical sub-

stance or a combination of chemical substances is

being ma nufactured, processed, used, distributed,

or disposed.

B. Exclusions From the Def‌inition

of Chemical Substance

Materials that a re not chemical substa nces or mix-

tures are not subject to the various requirements

of TSCA. In addition, the denition of “chemical

substance” explicitly excludes from its scope several

categories of materia ls t hat m ight otherwise meet

the denition, including those regulated under

other federal statutes. us, the term “chemical

substance” does not include:

(i) [A]ny mixture,

(ii) any pesticide (as dened in the Federal Insec-

ticide, Fungicide, and Rodenticide Act) when

manufacture d, process ed, or distributed in

commerce for use as a pest icide,

(iii) tobacco or any tobacco product,

(iv) any source material, special nuclear mate-

rial, or byproduct material (as such terms a re

dened in the Atomic Energy Ac t of 1954

and regulations is sued under such Act),

(v) a ny article the sale of which is subject to the

tax imposed by section 4181 of the I nternal

3. Id. §2602(8), ELR S. TSCA §3(8).