What Constitutes a Violation of TSCA

Section 15 of TSCA, entitled Prohibited Acts, enumerates the acts that violate TSCA. It says, somewhat obviously, that a violation of any reporting obligation, any test rule, or any other requirement of 4 or 5 is a violation. Similarly, it is a TSCA violation to fail to maintain required records or allow the EPA to inspect a facility. It adds a very critical dimension to the list of violations by stating that using a substance that was manufactured in violation of TSCA is itself a violation of TSCA. The most significant language is that it shall be unlawful for any person to. .. (2) use for commercial purposes a chemical substance or mixture which such person knew or had reason to know was manufactured, processed, or distributed in commerce in violation of the 5 and premanufacture notification (PMN) rules, a ban or restriction under TSCA 6 or 7, or a rule or order under those sections. 

The practical effect of prohibiting use of a substance that was manufactured, processed, or distributed in violation of TSCA is that as soon as anyone has reason to know a substance was manufactured, processed, or distributed in violation of TSCA, he or she should immediately quarantine the substance. Failure to quarantine the substance could inadvertently lead to its use, which 

Quarantining also shows that the company has taken all steps reasonably necessary to mitigate the violation, which can help to reduce penalties, as discussed in connection with the EPA s Enforcement Response Policies and Audit Policies, infra. 

Data compiled from http //www.epa-echo.gov/echo/compliance report icis.html. However, it is not clear from the case reports for the listed actions whether each of these twenty enforcement actions contained allegations of commercial use. 

Section 3 of TSCA defines manufacture to include import into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States). Customs Territory of the United States as used in General note 2 of the Harmonized Tariff refers to only the States. The District of Columbia and Puerto Rico. 

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