Toxic Substances Control Act, 15 U.S.C. §§2601?2695d
| Author | Carolyne R. Hathaway/William K. Rawson/Ann Claassen/Julia A. Hatcher |
| Pages | 177-260 |
Toxic Substances Control Act, 15 U.S.C.§§2601–2695d Page 177
United States Code, 2009 Edition
Title 15—Commerce and Trade
Chapter 53—Toxic Substances
Control
Subchapter I—Control of Toxic Substances
Sec.
2601. Finding s, po licy, and inte nt.
2602. Defini tions.
2603. Testing of chemical substa nces and m ixtures.
2604. Manufac turing and processin g not ices.
2605. Regulat ion o f haz ardous chemical subs tances
and mixture s.
2606. Imminen t haz ards.
2607. Report ing a nd ret ention of informatio n.
2608. Relatio nship to o ther Federal laws.
2609. Researc h, de velopment, coll ection,
dissem ination, and utiliza tion of da ta.
2610. Inspect ions and s ubpoenas.
2611. Export s.
2612. Entry into custo ms te rritory of the United
States.
2613. Disclos ure o f dat a.
2614. Prohibi ted a cts.
2615. Penaltie s.
2616. Specifi c enf orcement and seizure.
2617. Preempti on.
2618. Judicia l revi ew.
2619. Citize ns’ civ il ac tions.
2620. Citize ns’ pet itions.
2621. Nationa l def ense waiver.
2622. Employe e pro tection.
2623. Employm ent e ffects.
2624. Studies .
2625. Adminis tration.
2626. Deve lopment and evaluat ion of te st
metho ds.
2627. State progra ms.
2628. Authori zation of appropriat ions.
2629. Annual repo rt.
Subchapter II—Asbestos Hazard Emergency
Response
2641. Congre ssional finding s and purp ose.
2642. Defini tions.
2643. EPA regulatio ns.
2644. Require ments if E PA fail s to promu lgate
regula tions.
2645. Submiss ion t o Stat e Gove rnor.
2646. Contra ctor and l aboratory accre ditation.
2647. Enforce ment.
2648. Emerge ncy a uthority.
2649. State and Federal law.
2650. Asbest os co ntractors and local educa tional
agenci es.
2651. Public prote ction.
2652. Asbest os Om budsman.
2653. EPA Study of a sbestos-co ntaining materi al in
public buil dings.
2654. Transitiona l rul es.
2655. Worker protecti on.
2656. Training grants.
Subchapter III—Indoor Radon Abatement
2661. Nationa l goa l.
2662. Defini tions.
2663. EPA citizen’s guide.
2664. Model constr uction standard s and tech niques.
2665. Technical assist ance to Sta tes f or ra don
progra ms.
2666. Grant assist ance to Sta tes f or ra don p rograms.
2667. Radon in schools .
2668. Regiona l rad on tr aining centers.
2669. Study of radon in Federal buildin gs.
2670. Regulat ions.
2671. Additio nal a uthorizati ons.
Subchapter IV—Lead Exposure Reduction
2681. Denitions.
2682. Lead-b ased paint activitie s tra ining and
certif ication .
2683. Identif ication of dangerous leve ls of lead .
2684. Authori zed St ate p rograms.
2685. Lead abatem ent a nd me asurement.
2686. Lead hazard infor mation pamphlet .
2687. Regulat ions.
2688. Contro l of lead- based paint hazards at Federal
facili ties.
2689. Prohibi ted a cts.
2690. Relatio nship to o ther Federal law.
2691. Genera l prov isions relating to adminis trative
procee dings.
2692. Authori zation of appropriat ions.
Subchapter V—Healthy High-Performance
Schools
2695. Grants for health y sch ool e nvironment s.
2695a. Model guidelin es fo r sit ing o f scho ol fa cilities.
2695b. Pub lic o utreach.
2695c. Environm ental health program .
2695d. Authori zation of appropriat ions.
Subchapter I—Control of Toxic
Substances
§2601. Findings, policy, and intent
(a) Findings
e Congress nds t hat—
(1) human beings and the environment are being
exposed each yea r to a large number of chemical sub-
stances and mi xtures;
(2) among the many chemical subs tances and mixtures
which are consta ntly being developed a nd produced,
Page 178 TSCA Deskbook
there are some whose manufac ture, processing, distri-
bution in commerce, use, or dispos al may present an
unreasonable risk of injur y to health or the environ-
ment; and
(3) the eective regulat ion of interstate commerce in
such chemical subst ances and mixtures als o neces-
sitates the regulat ion of intrastate commerce i n such
chemical substa nces and mixtures.
(b) Policy
It is the policy of the United States that—
(1) adequate data should be developed with respect
to the eect of chemica l substances and mixtures on
health and the environ ment and that the development
of such data should be the responsibil ity of those who
manufacture a nd those who process such chemical
substances and m ixtures;
(2) adequate authority should exist to reg ulate chemi-
cal substanc es and mixtures which present an un rea-
sonable risk of injury to health or t he environment,
and to take action w ith respect to chemic al substances
and mixture s which are imminent hazards; a nd
(3) authority over chemical substanc es and mixtures
should be exercised in such a ma nner as not to impede
unduly or create unneces sary economic barriers to
technological innovat ion while ful lling the primary
purpose of this cha pter to assure that suc h innovation
and commerce in such chemic al substances and mix-
tures do not present an unrea sonable risk of injury to
health or the environment.
(c) Intent of Congress
It is the intent of Congress that the Ad ministrator
shall car ry out this chapter in a reasonable and prudent
manner, and that the Adm inistrator shall consider the
environmental, economic, and soci al impact of any
action the Admin istrator takes or proposes to take
under this chapter.
(Pub. L. 94– 469, title I, §2, Oct. 11, 1976, 90 Stat.
2003; renumbered title I, Pub. L. 99 –519, §3(c)(1),
Oct. 22, 1986, 100 Stat. 2989.)
Eective Dat e
Section 31 of title I of Pub. L. 94– 469; renumbered
title I, Pub. L. 99–519, §3(c), Oct. 22, 1986, 100 Stat.
2989, provided that: “Except as provided in section
4(f) [section 2603(f ) of this title], this Act [enacting
this chapter] shall t ake eect on January 1, 1977.”
Short Title of 2008 A mendment
Pub. L. 110–414, §1, Oct. 14, 2008, 122 Stat. 4341,
provided that: “is Ac t [enacting sect ion 6939f of
Title 42, e Public Health and Welfa re, amending
sections 2605 and 2611 of this title, and enacti ng
provisions set out as a note under section 2611 of this
title] may be cited as the ‘Mercury Ex port Ban Act of
2008’.”
Short Title of 1992 Amendment
Pub. L. 102–550, title X, §1021(c), Oct. 28, 1992,
106 Stat. 3924, provided that: “is subtitle [subtitle
B (§1021) of title X of Pub. L. 102–550, enacting sec-
tions 2681 to 2692 of this title and amendin g sections
2606, 2610, 2612, 2615, 2616, 2618, and 2619 of this
title] may be cited as the ‘Lead-Bas ed Paint Exposure
Reduction Act’.”
Short Title of 1986 Amendment
Section 1 of Pub. L. 99–519 provided that: “is Act
[enacting sections 26 41 to 2654 of this title and sec-
tion 4022 of Title 20, Education, amending se ctions
2614, 2618, and 2619 of this title and sect ions 4014
and 4021 of Title 20, and enacting provisions set out
as a note under section 4014 of Title 20] may be cited
as the ‘Asbestos Haza rd Emergency Response Act of
1986’.”
Short Title
Section 1 of title I of Pub. L. 94 –469; renumbered
title I, Pub. L. 99–519, §3(c), Oct. 22, 1986, 100 Stat.
2989, provided that: “is Act [enacting t his chapter
and provisions set out as notes under th is section] may
be cited as the ‘Toxic Substances Control Act’.”
Federal Complia nce With Pollution Control
Standar ds
For provisions relating to the responsibilit y of the head
of each Executive agenc y for compliance with appli-
cable pollution control standard s, see Ex. Ord. No.
12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note
under section 4321 of Title 42, e Public Health and
Welfare.
§2602. Definitions
As used in th is chapter:
(1) the1 term “Administrator” means t he Administrator
of the Environmental Protection A gency.
1. So in original. Probably should be capitalized.
Toxic Substances Control Act, 15 U.S.C.§§2601–2695d Page 179
(2)(A) Except as provided in subparagra ph (B), the
term “chemical substanc e” means any organic or
inorganic substa nce of a particu lar molecular identity,
including—
(i) any combination of such substances occ urring in
whole or in part as a result of a chem ical react ion or
occurring in nat ure and
(ii) any element or uncombined radical.
(B) Such term does not include—
(i) any mixture,
(ii) any pesticide (as dened in the Federa l Insecticide,
Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.])
when manufacture d, processed, or distributed in com-
merce for use as a pesticide,
(iii) tobacco or any tobacco product,
(iv) any source material, special nucle ar material, or
byproduct material (as such term s are dened in the
Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]
and regulations is sued under such Act),
(v) any article the sale of which is subjec t to the tax
imposed by section 4181 of the Internal Revenue Code
of 1986 [26 U.S.C. 4181] (determined without regard
to any exemptions from such tax provide d by section
4182 or 4221 or any other provision of such Code),
and
(vi) any food, food additive, dru g, cosmetic, or device
(as such terms are dened in se ction 201 of the Federal
Food, Drug, and Cosmet ic Act [21 U.S.C. 321]) when
manufacture d, processed, or distributed in commerce
for use as a food, food add itive, drug, c osmetic, or
device.
e term “food” a s used in clause (vi) of this sub-
paragraph includes p oultry and pou ltry products (as
dened in sections 4(e) and 4(f) of t he Poultry Prod-
ucts Inspection Act [21 U.S.C. 453(e) and (f)]), meat
and meat food products (as dened in s ection 1(j) of
the Federal Meat Inspec tion Act [21 U.S.C. 601(j)]),
and eggs and eg g products (as dened in sec tion 4 of
the Egg Products Inspec tion Act [21 U.S.C. 1033]).
(3) e term “commerce” means trade, tra c, trans-
portation, or other commerce (A) bet ween a place in a
State and any place outside of such State, or (B) which
aects tra de, trac, transportation, or commerce
described in clause (A ).
(4) e terms “distribute in commerce” a nd “distribu-
tion in commerce” when used to descr ibe an action
taken with respe ct to a chemical substance or mixtu re
or article contain ing a substance or mixture mean to
sell, or the sale of, the substanc e, mixture, or article
in commerce; to introduce or deliver for introduc-
tion into commerce, or the introduction or deliver y
for introduction into commerce of, the substance ,
mixture, or ar ticle; or to hold, or the holding of, the
substance, mi xture, or article after its introduction into
commerce.
(5) e term “environment” includes water, air, and
land and the interrelationsh ip which exists among and
between water, air, and land and a ll living things.
(6) e term “health a nd safety st udy” means any
study of any eect of a chemica l substance or mixture
on health or the environment or on both, including
underlying data and epidemiologic al studies, studies of
occupational expo sure to a chemical substance or mix-
ture, toxicological, c linical, and ecological studie s of a
chemical substa nce or mixture, and any test performed
pursuant to this ch apter.
(7) e term “manufacture” mea ns to import into the
customs territory of the United States (as de ned in
general note 2 of the Harmoniz ed Tari Schedule of
the United States), produce, or manufacture.
(8) e term “mixture” means any combinat ion of two
or more chemical substanc es if the combination does
not occur in nature a nd is not, in whole or in part, t he
result of a chemical rea ction; except that such term
does include any combination which oc curs, in whole
or in part, as a resu lt of a chemical reac tion if none
of the chemical substa nces comprising the combina-
tion is a new chemical subs tance and if the combina-
tion could have been manufac tured for commercial
purposes without a chemica l reaction at the time the
chemical substa nces comprising the combination were
combined.
(9) e term “new chemical substance” mea ns any
chemical substa nce which is not included in the
chemical substa nce list compiled and published under
section 2607(b) of this title.
(10) e term “process” means t he preparation of a
chemical substa nce or mixture, after its manuf acture,
for distribution in commerce —
(A) in the same form or physica l state as, or in a dif-
ferent form or physical state from, that in wh ich it was
received by the person so preparin g such substance or
mixture, or
(B) as part of an ar ticle containing the chemical sub-
stance or mixt ure.
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