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A Practitioner's Guide to the Toxic Substances Control Act: Part I

May 1994

Citation: 24 ELR 10207

Issue: 5

Author: A Practitioner's Guide to the Toxic Substances Control Act: Part I

Editors' Summary: TSCA provides EPA with broad authority to address potential hazards posed by the manufacture, processing, distribution in commerce, use, and disposal of chemical substances and mixtures. In this first of a three-part series, the authors begin a detailed examination of the statute and regulatory program. They review the origins, objectives, and key components of TSCA, and then analyze TSCA's scope -- focusing particularly on definitional issues and exclusions. The authors next describe the TSCA Inventory of chemical substances manufactured or processed in the United States, including provisions for confidentiality, corrections, and updates to the inventory. Next, the authors review EPA's implementation of the premanufacture and significant new use notification provisions of TSCA § 5. In the final section of this initial installment of the three-part Article, they discuss the scope and application of the various exemptions from the premanufacture notice requirement.

Carolyne R. Hathaway is a senior environmental associate in the Washington, D.C., office of the national law firm of Latham & Watkins. David J. Hayes is a partner at Latham & Watkins and chairs the Environmental Department of the firm's Washington, D.C., office. He also chairs the Board of Directors of the Environmental Law Institute. William K. Rawson is an environmental partner in Latham & Watkins' Washington, D.C., office.

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