Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) of 1976 is an law in the US-American regulation of chemicals. Its implementation is the responsibility of the Environmental Protection Agency (EPA). TSCA is designed to enable the EPA’s use of the least elaborate method to lower the chemical risk to a reasonable level while taking the benefits of the chemical product or process into account. One of the original key requirements was that companies wishing to import substances to the USA for the first time or intending to produce them there for the first time need to register them with the EPA.

TSCA: Communication obligations for listed substances

From 2021, the TSCA is also laying down so-called “final rules”. The sale of chemicals and products containing PBT substances that are listed by the EPA will henceforth become very difficult in the USA. Their presence needs to be communicated along the supply chain from now on, similar to REACH. In addition to which there are various transition periods with restrictions depending on the substance. The United States Environmental Protection Agency (EPA) has now restricted five substances in Toxic Substances Control Act (TSCA) Section 6 (h). This regulation not only concerns the substances themselves, but also their presence in mixtures and products. Documentation and reporting obligations have been in force since 08/03/2021 under Act 40 CFR Part 751 and are comparable with the information requirements as per Article 33 of the REACH Directive.

TSCA: Need for reporting PFAS

In October 2023, the EPA published a retroactive reporting and recordkeeping requirement for PFAS compounds under the Toxic Substances Control Act (TSCA) Section 8(a)(7). The reporting requirement applies to both manufacturers of PFAS and importers of PFAS-containing products and covers the period from January 1, 2011 to December 31, 2022. Anyone who has manufactured PFAS in the U.S. or imported them into the U.S. during this period must submit a report to the EPA by May 8, 2025 at the latest. While the reporting obligations for manufacturers of PFAS are extensive, there are significantly less extensive information obligations for importers of products containing PFAS. For importers of products in particular, it should be noted that there is no de minimis limit and that corresponding due diligence obligations must be observed in order to obtain any missing information in the supply chain. In principle, the EPA aims to introduce a restriction on PFAS. The current reporting obligation serves to collect information on the use of PFAS and to promote understanding of the EPA. A guide with detailed information on the reporting and record-keeping requirements is available on the EPA website.

tec4U-Solutions assists you concerning the implementation of the TSCA requirements with: