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The Toxic Substances Control Act (TSCA) is a key regulatory framework in the United States, empowering the Environmental Protection Agency (EPA) to manage and restrict chemicals that pose risks to human health and the environment. Ensuring compliance with TSCA is essential for companies manufacturing, distributing, or importing goods in the United States to avoid penalties and maintain regulatory standards.
Understanding TSCA Regulations Enforcement and Penalties
TSCA grants the EPA authority to regulate substances such as asbestos insulation and lead paint, as well as treated articles containing these substances. Companies must document the use of restricted substances, communicate their presence to customers, and assess consumables and maintenance parts for in-scope substances. Non-compliance can lead to penalties of up to $50,000 USD per violation per day or imprisonment.
To comply with TSCA, companies must:
- Document Use of Restricted Substances: Keep records of the use of restricted substances in parts, materials, and products, retaining this documentation for a minimum of three years.
- Communicate Banned Substances: Inform customers about the presence of banned substances in products.
- Evaluate Consumables and Maintenance Parts: Assess consumables (e.g., hydraulic fluid, seals, or gaskets) and maintenance parts used for U.S.-based manufacturing and warehouse operations to determine if they contain in-scope substances.
TSCA's Evolution and Recent Changes
In 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act updated TSCA, giving the EPA more authority to strengthen the regulation. The revised act requires the EPA to conduct risk evaluations of “high-risk substances.”
In January 2021, the EPA added five substances under Section 6(h) of TSCA. Companies were required to scope their supply chain, communicate the presence of the restricted substances to customers, and find alternatives to their use. The rules also prohibited the release of these substances into the environment.
Managing TSCA Regulation Challenges
One of the challenges of complying with TSCA is the varying restrictions for different substances. For example, PIP 3:1, the most commonly used of the newly restricted substances, has its own deadlines for restriction and allowable use cases, such as limited use for the aerospace and defense sector. Navigating these nuances can be complex, requiring a deep understanding of TSCA regulations.
TSCA Enforcement and Compliance Solutions
The EPA enforces TSCA and can require reporting, recordkeeping, and testing from non-compliant companies. Penalties are based on the severity and number of infractions.
To meet TSCA Section 6(h) requirements, deep data collection and validation are essential. Acquis automates this process, streamlining data efforts for compliance. It provides configurable reporting and intuitive dashboards for efficient risk assessment and communication with customers.
For more information about how Acquis can help your company meet TSCA requirements, book a demo today.