Toxic Substances Control

The primary focus of the TSCA is similar to that of FIFRA in that the statute provides authorities to control the manufacture and sale of certain chemical substances.27 These requirements include testing of chemicals that are currently in commercial production or use, premarket screening and regulatory tracking of new chemical products, and controlling unreasonable risks once a chemical substance is determined to have an adverse effect on health or the environment. TSCA controls on such unreasonable risks include prohibiting the manufacture or certain uses of the chemical, requiring labeling, limiting volume of production or concentration, requiring replacement or repurchase of products, and controlling disposal methods. The major interactions between RCRA and TSCA include the following2:

1. TSCA has a direct effect on RCRA through controls on the disposal methods of certain chemicals, such as PCBs. For example, while TSCA regulates PCB disposal, RCRA also regulates PCB disposal when the PCBs are mixed with hazardous waste.

2. TSCA also regulates used oil that contains quantifiable levels of PCBs.

3. TSCA's indirect effect on RCRA is the same as FIFRA's. TSCA controls the manufacture and use of certain chemical substances, which limits the amount of waste that needs to be managed under RCRA.

4. U.S. EPA has proposed TSCA standards for the disposal of lead-based paint (LBP) debris to replace RCRA regulations. The new standards would establish disposal standards for LBP debris and identify recycling and incineration activities that would be controlled or prohibited. To avoid duplicative regulation, the waste that is subject to these new standards would not be subject to RCRA hazardous waste determination.

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