TSCAs Interrelationship with Other Laws

Substances that are manufactured for R D purposes are manufactured in commerce. Although there are specific exclusions for R D substances from the PMN requirements of TSCA 5, they remain subject to other TSCA provisions. 

Section 9 of TSCA is entitled Relationship to Other Federal Laws and provides that the EPA may, if it chooses, defer to another agency to address unreasonable risks posed by chemical substances. If the EPA determines that a risk can be adequately managed using another statute it administers, it may rely on that statute instead of TSCA. 

In EPA V. Alyeska Pipeline Service Co., the Court held that 9 does not require the EPA to invoke other statutes to investigate potential problems that may fall within TSCA s scope, and a subpoena under TSCA is appropriate for that purpose. 

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