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Toxic Substances Control Act of 1976 : ウィキペディア英語版 | Toxic Substances Control Act of 1976
The Toxic Substances Control Act (TSCA) is a United States law, passed by the United States Congress in 1976 and administered by the United States Environmental Protection Agency, that regulates the introduction of new or already existing chemicals. When the TSCA was put into place, all existing chemicals were considered to be safe for use and subsequently grandfathered in. Its three main objectives are to assess and regulate new commercial chemicals before their entrance into the market, to regulate chemicals (which were already existing in 1976) that posed an "unreasonable risk to health or to the environment", and to regulate these chemicals' distribution and use.〔"Toxic Substances Control Act (TSCA)." EPA. Environmental Protection Agency, n.d. Web. 06 May 2014. .〕 However, as explained below, the TSCA specifically regulates polychlorinated biphenyl (PCB) products. Contrary to what the name implies, TSCA does not separate chemicals into categories of toxic and non-toxic. Rather it prohibits the manufacture or importation of chemicals that are not on the (TSCA Inventory ) (or subject to one of many exemptions).〔"Basic Information." EPA. Environmental Protection Agency, n.d. Web. 06 May 2014. .〕 Chemicals that are listed on the TSCA Inventory are referred to as "existing chemicals", while chemicals not listed are referred to as new chemicals.〔 The TSCA defines the term 'chemical substance' as "any organic or inorganic substance of a particular molecular identity, including any combination of these substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and any element or uncombined radical".〔 Generally, manufacturers must submit premanufacturing notification to the U.S. Environmental Protection Agency (EPA) prior to manufacturing (or importing) new chemicals for commercial purposes. There are notable exceptions, including one for substances used only in small quantities for research and development under Section 5(h)(3),〔"Is a Filing Necessary for My Chemical?" EPA. Environmental Protection Agency, n.d. Web. 06 May 2014. .〕〔"Research and Development (R&D) Exemption." EPA. Environmental Protection Agency, n.d. Web. 06 May 2014. 〕 for foods, food additives, drugs, cosmetics or devices regulated under the Federal Food, Drug, and Cosmetic Act, for pesticides regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, for tobacco and tobacco products regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and for radioactive materials and wastes regulated by the Nuclear Regulatory Commission. New chemical notifications are reviewed by the agency and if the agency finds an "unreasonable risk to human health or the environment," it may regulate the substance in a variety of ways, from limiting uses or production volume to outright banning them. The Chemical Safety Improvement Act was proposed in 2013 as the first major overhaul in many years.〔"S.1009:Chemical Safety Improvement Act."GovTrack.us. N.p., n.d. Web. 06 May 2014..〕 == TSCA and the EPA == The Toxic Substances Control Act of 1976 mandated the EPA to protect the public from "unreasonable risk of injury to health or the environment" by regulating the manufacture and sale of chemicals. This act does not address wastes produced as byproducts of manufacturing, as did the Clean Water and Air Acts of the era. Instead, this act attempted to exert direct government control over which types of chemicals could and could not be used in actual use and production. For example, the use of chlorofluorocarbons in manufacturing is now strictly prohibited in all manufacturing processes in the United States, even if no chlorofluorocarbons are released into the atmosphere as a result. The types of chemicals regulated by the act fall into two broad categories: existing and new. New chemicals were defined as "any chemical substance which is not included in the chemical substance list compiled and published under () section 8(b)." This list included all of chemical substances manufactured or imported into the United States prior to December 1979. This existing chemical list covered 99% of the EPA's mandate in this bill, including some 8,800 chemicals imported or produced at quantities above 10,000 pounds. Existing chemicals include any chemical currently listed under section 8(b). The distinction between existing and new chemicals is necessary as the act regulates each category of chemicals in different ways.
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