US TSCA PBT Substance Declaration
The Toxic Substances Control Act (TSCA) of 1976 provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides.
TSCA regulatory authority and program implementation rests predominantly with the Federal government (EPA). However, States can be authorized by EPA to operate their own, EPA-authorized programs for some portions of the statute. TSCA Title IV allows States the flexibility to develop accreditation and certification programs and work practice standards for lead-related inspection, risk assessment, renovation, and abatement that are at least as protective as existing Federal standards.
TSCA does not explicitly address the role of Tribes in implementing the statute's programs. However, EPA has exercised its discretion under TSCA to provide opportunities for eligible Tribes to administer certain programs in the same manner as states and apply for grants. For instance, federally recognized Indian Tribes, tribal consortia, and Alaska Native Villages can apply for TSCA grants. Eligible Tribes may also apply for certain authorizations in the same manner as states.
The control actions EPA can take under TSCA are comprehensive and cover the manufacture, use, processing, distribution in commerce, and disposal of chemical substances and mixtures.