Who Must Perform Testing

A manufacturer or entity that intends to manufacture a chemical or mixture can be required to test that chemical or mixture only if the EPA makes a finding that there is not already enough data on the effects of manufacturing, distribution, use, or disposal on health or the environment. TSCA 4(b)(3)(B)(i). Similarly, a processor or prospective processor can be required to test that chemical or mixture only if the EPA makes a finding that there is not enough data on the effects of processing, distribution, use, or disposal on health or the environment. TSCA i 4(b)(3)(B)(ii). 

Manufacturers, importers, and processors can be required to test for the effects of distribution in commerce, use, or disposal. 

Manufacturers and importers of chemical substances present as byproducts or impurities can be made subject to test rules on a case by case basis. Manufacturers and processors may work cooperatively, or they may hire another entity to conduct the testing.  

Once the EPA finds that the threshold requirements are present, it must issue a test rule that identifies the chemical or mixture and the test standards, and the due date for submitting testing results on existing chemicals. The test rule may require submission of prefiminary data before the testing is complete.  

The EPA must consider the cost of the testing protocols and whether laboratory facilities will be available. Every year, the EPA must review the test protocols and revise them if necessary. The EPA can only require workplace epidemiology studies if it confers with the National Institute for Occupational Safety and Health.  

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