TSCA Certificate

In 1976 the U.S. authorities enacted the Toxic Substances Control Act (TSCA), requiring the Environmental Protection Agency (EPA) to regulate the production and import of chemicals and chemical mixtures recognized as causing irreversible effects to public health or the environment. 

Regulatory oversight and EPA regulations

The Toxic Substances Control Act aims to protect the public and the environment from exposure to harmful substances such as: asbestos, radon, formaldehyde emissions from composite wood products, lead-based paints. TSCA monitors all chemicals, not only those considered toxic or hazardous.

TSCA gave the Environmental Protection Agency (EPA) administrative oversight and authority to enforce regulations and to establish guidelines regarding the law. TSCA authorizes the EPA, among other things, to:

• collect information on chemical hazards from companies, manufacturers and processors of chemicals (this applies to both existing and new chemicals in order to identify and manage substances)
• require manufacturers or processors of chemicals and/or mixtures to conduct toxicity testing to assess their impact on health and the environment
• establish regulations restricting the production, processing, distribution in commerce or banning the use of chemical substances that do not meet risk-based safety standards
• conduct inspections, issue subpoenas and impose penalties on companies that fail to comply with the regulations

What is a TSCA certificate?

TSCA (Toxic Substances Control Act) is a federal regulation aimed at preventing the commercial distribution of harmful and toxic chemical substances. Any product containing chemicals that people may come into contact with during use is subject to TSCA regulations. The purpose of TSCA is to control toxic substances. It regulates the use of, among others, asbestos, lead, metallic mercury, solvents. It is the U.S. counterpart to the European REACH regulation.

Under TSCA, the EPA (Environmental Protection Agency) regulates and monitors, maintains documentation and imposes restrictions regarding chemical substances and/or mixtures, except for those already under the purview of other government agencies. Some substances are excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides.

What activities are regulated by TSCA?

As mentioned earlier, TSCA deals with the protection of human health and the environment. The Act plays a key role in managing chemical safety. Activities regulated by TSCA include:

• oversight of chemical imports (applies to existing and new chemicals)
• chemical testing in laboratories conducted for commercial purposes
• risk assessment related to chemicals and their adverse and irreversible effects on health and the environment

Types of TSCA certificates

Certification is required for products that fall under the Toxic Substances Control Act. Some substances require a positive or negative certificate. There are two types of TSCA certificates for chemical substances:

Positive certification

If a chemical substance is included in the TSCA inventory, a TSCA certificate is required. A positive certificate is a statement by the importer that the transported chemicals are subject to TSCA regulations and comply with all applicable laws and regulations, including, among others, limits on the release of chemicals into water, air and soil, and compliance with limits on the quantities of chemicals produced, processed and distributed.

The TSCA certificate must be provided and signed by the importer or an authorized agent. The document should include the personal details of the person issuing the certificate (first and last name), an email address and a phone number.

Negative certification

A negative certificate is required for substances that are not subject to TSCA. The importer prepares a declaration stating that all transported chemicals are exempt or not subject to the TSCA.

The TSCA certificate does not apply to chemical substances contained in an article, unless a specific TSCA regulation so provides, and does not apply to tobacco or tobacco products.

Which chemical substances require TSCA certification?

The Toxic Substances Control Act is a regulatory framework that ensures that any chemicals used in commerce do not pose a threat to the environment and public health. Under TSCA, companies must report chemical usage, conduct comprehensive testing, maintain documentation and control hazardous chemical substances and/or mixtures.

Accordingly, all chemical substances should have a TSCA certificate (positive or negative).

Which chemical substances do not require TSCA certification?

Chemical substances that are under the authority of other government agencies do not require TSCA certification; these include, among others:

• pesticides regulated by FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act)
• tobacco and tobacco products regulated by ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives)
• radioactive materials regulated by the NRC (Nuclear Regulatory Commission)
• food, food additives, drugs, cosmetics or devices regulated by the FDA (Food and Drug Administration)

Furthermore, chemical substances are exempt from the requirements contained in the TSCA if they are imported, manufactured or used in small quantities solely for non-commercial purposes (e.g., for scientific experiments or research) only under the supervision of a person with appropriate technical qualifications.

Who must obtain a TSCA certificate?

Certification is required in the case of importing chemical substances or receiving them by mail or carrier, including those intended for research and development. The declaration must be signed and submitted by the importer or an authorized agent. The TSCA certificate must include the first and last name, email address and phone number of the person issuing the document.

How to obtain a TSCA certificate?

A Toxic Substances Control Act (TSCA) certificate is a declaration issued by the importer of chemicals, which must be presented to customs authorities at the point of import. The completed form includes, among other things, information such as: chemical name, CAS number (a unique numerical identifier assigned to specific chemical substances), the applicant's signature, the applicant's contact number and address.

Before a positive certificate is issued by the importer, regulations require that chemical substances covered by TSCA be subjected to laboratory testing. If the chemical substances and/or chemical mixtures are subject to TSCA, the importer issues the certificate independently. In the case of composite wood panels made from wood, the products must be tested in a laboratory and obtain a certificate of compliance with Title VI of TSCA before being allowed to be sold.

If the substances are not subject to the TSCA or are exempt from it, the importer issues a negative certificate independently.

Rubber products with TSCA certification

At Power Rubber we offer high-quality rubber products with TSCA certification. In our assortment we offer, among others, a wide selection of sealing solutions that effectively prevent the ingress of liquids or gases between two mating surfaces, both in static and dynamic applications. Based on many years of experience and extensive industry knowledge, we advise on the selection of the appropriate material for a specific working environment.

In our assortment we offer, among others, a wide selection of rubber gaskets that effectively prevent the ingress of liquids or gases between two mating surfaces, both in static and dynamic applications.

We invite you to contact us by phone: +48 22 292 40 24 or +48 505 16 03 03, by email (Power|PowerRubber.com| style="background-color: rgb(255, 255, 255); color: rgb(0, 91, 171); border-bottom: 1px dotted rgb(0, 91, 171); text-align: justify;"|Power|PowerRubber.com) or through our contact form.