EPA

							EPA


 Toxic Substance Control Act
          (TSCA)
                       Susan Coleman
                       February 9, 2008
If Missing or Incorrect
 Redelivery
 592 penalty
 Liquidated damages for failure to redeliver
Authority
 15USC 2601
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC
  SUBSTANCES
Sec. 2601. Findings, policy, and intent
 15USC 2612
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC
  SUBSTANCES
Sec. 2612. Entry into customs territory of the United
  States
Findings
 (a) The Congress finds that-- (1) human
  beings and the environment are being
  exposed each year to a large number of
  chemical substances and mixtures;
Findings
 2) among the many chemical substances and
 mixtures which are constantly being
 developed and produced, there are some
 whose manufacture, processing, distribution
 in commerce, use, or disposal may present
 an unreasonable risk of injury to health or the
 environment; and
Findings
 3) the effective regulation of interstate
  commerce in such chemical substances and
  mixtures also necessitates the regulation of
  intrastate commerce in such chemical
  substances and mixtures.
Policy
 (b) Policy It is the policy of the United States
  that-- (1) adequate data should be developed
  with respect to the effect of chemical
  substances and mixtures on health and the
  environment and that the development of
  such data should be the responsibility of
  those who manufacture and those who
  process such chemical substances and
  mixtures;
Policy
 (2) adequate authority should exist to
  regulate chemical substances and mixtures
  which present an unreasonable risk of injury
  to health or the environment, and to take
  action with respect to chemical substances
  and mixtures which are imminent hazards;
  and
Policy
 (3) authority over chemical substances and
  mixtures should be exercised in such a
  manner as not to impede unduly or create
  unnecessary economic barriers to
  technological innovation while fulfilling the
  primary purpose of this chapter to assure that
  such innovation and commerce in such
  chemical substances and mixtures do not
  present an unreasonable risk of injury to
  health or the environment.
Intent of Congress
 (c)It is the intent of Congress that the
  Administrator shall carry out this chapter in a
  reasonable and prudent manner, and that the
  Administrator shall consider the
  environmental, economic, and social impact
  of any action the Administrator takes or
  proposes to take under this chapter. (Pub. L.
  94-469, title I, Sec. 2, Oct. 11, 1976, 90 Stat.
  2003; renumbered title I, Pub. L. 99-519, Sec.
  3(c)(1), Oct. 22, 1986, 100 Stat. 2989.)
Effective Date
 Section 31 of title I of Pub. L. 94-469;
  renumbered title I, Pub. L. 99-519, Sec. 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 take effect on January 1, 1977.''
Short Title of 1992 Amendment
 Pub. L. 102-550, title X, Sec. 1021(c), Oct.
  28, 1992, 106 Stat. 3924, provided that:
  ``This subtitle [subtitle B (Sec. 1021) of title X
  of Pub. L. 102-550, enacting sections 2681 to
  2692 of this title and amending sections
  2606, 2610, 2612, 2615, 2616, 2618, and
  2619 of this title] may be cited as the `Lead-
  Based Paint Exposure Reduction Act'.''
Short Title of 1986 Amendment
 Section 1 of Pub. L. 99-519 provided that:
  ``This Act [enacting sections 2641 to 2654 of
  this title and section 4022 of Title 20,
  Education, amending sections 2614, 2618,
  and 2619 of this title and sections 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 Hazard
  Emergency Response Act of 1986'.''
Short Title
 Section 1 of title I of Pub. L. 94-469;
  renumbered title I, Pub. L. 99-519, Sec. 3(c),
  Oct. 22, 1986, 100 Stat. 2989, provided that:
  ``This Act [enacting this chapter and
  provisions set out as notes under this section]
  may be cited as the `Toxic Substances
  Control Act'.''
Federal Compliance With Pollution
Control Standards
 For provisions relating to the responsibility of
  the head of each Executive agency for
  compliance with applicable pollution control
  standards, see Ex. Ord. No. 12088, Oct. 13,
  1978, 43 F.R. 47707, set out as a note under
  section 4321 of Title 42, The Public Health
  and Welfare.
Entry into customs territory of the
United States
 (a) In general
 (1) The Secretary of the Treasury shall refuse
  entry into the customs territory of the United
  States (as defined in general note 2 of the
  Harmonized Tariff Schedule of the United
  States) of any chemical substance, mixture,
  or article containing a chemical substance or
  mixture offered for such entry if-- (
Entry into customs territory of the
United States
 (A) it fails to comply with any rule in effect
  under this chapter, or (B) it is offered for entry
  in violation of section 2604 of this title, 2605
  of this title, or subchapter IV of this chapter, a
  rule or order under section 2604 of this title,
  2605 of this title, or subchapter IV of this
  chapter, or an order issued in a civil action
  brought under section 2604 of this title, 2606
  of this title or subchapter IV of this chapter.
15 USC 2612
 (2) If a chemical substance, mixture, or article
  is refused entry under paragraph (1), the
  Secretary of the Treasury shall notify the
  consignee of such entry refusal, shall not
  release it to the consignee, and shall cause
  its disposal or storage (under such rules as
  the Secretary of the Treasury may prescribe)
15 USC 2612
 if it has not been exported by the consignee
  within 90 days from the date of receipt of
  notice of such refusal, except that the
  Secretary of the Treasury may, pending a
  review by the Administrator of the entry
  refusal, release to the consignee such
  substance, mixture, or article on execution of
  bond for the amount of the full invoice of such
  substance, mixture, or article (as such value
  is set forth in the customs entry), together
  with the duty thereon.
15 USC 2612
 On failure to return such substance, mixture, or
  article for any cause to the custody of the Secretary
  of the Treasury when demanded, such consignee
  shall be liable to the United States for liquidated
  damages equal to the full amount of such bond. All
  charges for storage, cartage, and labor on and for
  disposal of substances, mixtures, or articles which
  are refused entry or release under this section shall
  be paid by the owner or consignee, and in default of
  such payment shall constitute a lien against any
  future entry made by such owner or consignee.
Rules
 (b) The Secretary of the Treasury, after
  consultation with the Administrator, shall
  issue rules for the administration of
  subsection (a) of this section. (Pub. L. 94-
  469, title I, Sec. 13, Oct. 11, 1976, 90 Stat.
  2034; renumbered title I, Pub. L. 99-519, Sec.
  3(c)(1), Oct. 22, 1986, 100 Stat. 2989;
  amended Pub. L. 100-418, title I, Sec.
  1214(e)(2), Aug. 23, 1988, 102 Stat. 1156;
  Pub. L. 102-550, title X, Sec. 1021(b)(4), Oct.
  28, 1992, 106 Stat. 3923.)
References in Text
 The Harmonized Tariff Schedule of the
  United States, referred to in subsec. (a), is
  not set out in the Code. See Publication of
  Harmonized Tariff Schedule note set out
  under section 1202 of Title 19, Customs
  Duties.
Amendments
 Amendments 1992--Subsec. (a)(1)(B). Pub. L. 102-
  550 substituted ``section 2604 of this title, 2605 of
  this title, or subchapter IV of this chapter'' for
  ``section 2604 or 2605 of this title'' in two places and
  ``section 2604 of this title, 2606 of this title or
  subchapter IV of this chapter'' for ``section 2604 or
  2606 of this title''. 1988--Subsec. (a)(1). Pub. L. 100-
  418 substituted ``general note 2 of the Harmonized
  Tariff Schedule of the United States'' for ``general
  headnote 2 to the Tariff Schedules of the United
  States'' in introductory text.
Effective Date of 1988 Amendment
 Effective Date of 1988 Amendment
 Amendment by Pub. L. 100-418 effective Jan.
 1, 1989, and applicable with respect to
 articles entered on or after such date, see
 section 1217(b)(1) of Pub. L. 100-418, set out
 as an Effective Date note under section 3001
 of Title 19, Customs Duties.
RFL/EIP
 Electronic transmission
 Paper certificate
Statement

 TSCA+
 Positive certification for the shipment subject
  to tsca. By using this code the authorized
  individual is stating that: “I certify that the
  chemical substance on this invoice line
  complies with all applicable rules or orders
  under TSCA and that I am not offering a
  chemical substance for entry in violation of
  TSCA or any applicable rule order there
  under:
Statement
 TSCA-
 Negative certification for shipment not subject
  to TSCA. By using this code the authorized
  individual is stating: “I certify that the
  chemical substance on this invoice line is not
  subject to TSCA”.
Contact Information
 Toxic Substances Control Act (TSCA) Hotline
    202-554-1404, 202-554-5603 (fax)
    email: tsca-hotline@epa.gov

    The TAIS provides technical assistance and
    information about programs implemented under
    TSCA, the Asbestos School Hazard Abatement Act
    (ASHAA), the Asbestos Hazard Emergency
    Response Act (AHERA), the Asbestos School
    Hazard Abatement Reauthorization Act (ASHARA),
    the Residential Lead-Based Paint Hazard Reduction
    Act (Title X of TSCA), and EPA's 33/50 program
Team 314
 Susan Coleman,
  Senior Import Specialist
 Luba Hubach Reagan,
  Senior Import Specialist
 Lisa Olsen, Import Specialist
  (440) 891-3824
 (440) 891-3836 fax
 6747 Engle Road, Middleburg Hts., Ohio
  44130