TSCA: US Toxic Substances Control Act

Hugues Orgitelloupdated 7 Oct 202613 min read

The Toxic Substances Control Act is the United States federal law on chemical substances in commerce, administered by the Environmental Protection Agency. For a hardware maker in late 2026 it comes down to four questions. Does the product contain PIP (3:1), whose article distribution ban starts after October 31, 2026, and does an exclusion such as the one for circuit boards and wire harnesses apply? Did the company import PFAS, including in articles, between 2011 and 2022, and must it report once EPA opens a window that has now moved to January 31, 2027 at the latest? Does any shipment need a TSCA import certification? And is any substance new to the Inventory or caught by a Significant New Use Rule? This guide answers each from the current text of 40 CFR and 19 CFR, with the dates EPA has amended since 2024.

TSCA in one page

TSCA is codified at 15 U.S.C. 2601 et seq. and implemented mainly through Title 40 of the Code of Federal Regulations, Parts 700 to 799. The 2016 Lautenberg Act requires EPA to prioritise and evaluate existing chemicals, to determine risk without considering costs or other non-risk factors, and to regulate unreasonable risks by rule under Section 6.

Section	Subject	What it means for electronics	Implementing rules
Section 5	New chemicals and significant new uses	PMN or SNUN before manufacture or import; substances imported as part of an article are generally exempt	40 CFR 720, 721, 723
Section 6(a)	Restrictions after risk evaluation	Use restrictions on solvents such as TCE, PCE and carbon tetrachloride	40 CFR 751
Section 6(h)	Expedited action on PBT chemicals	PIP (3:1) and decaBDE restrictions reach articles	40 CFR 751 subpart E
Section 8(a)	Reporting	CDR every four years (articles exempt); one-time PFAS report (articles included today)	40 CFR 711, 705
Section 8(b)	Inventory	Active or inactive status of each listed substance	40 CFR 710
Section 13	Imports	Certification at entry for bulk chemicals and mixtures; for articles only when a rule requires it	19 CFR 12.118 to 12.127
Section 16	Penalties	Civil and criminal penalties for violations, including false certification	15 U.S.C. 2615

There is no TSCA mark. Compliance is evidenced by records, filings and, where required, import certifications.

Section 6(h): the PBT rules that reach articles

Section 6(h) gave EPA an expedited track for persistent, bioaccumulative and toxic (PBT) chemicals. EPA published final rules for five of them on January 6, 2021 (86 FR 879), codified at 40 CFR 751 subpart E, and revised the decaBDE and PIP (3:1) rules on November 19, 2024 (89 FR 91486), effective January 21, 2025.

The five substances, per section of 40 CFR 751

Substance	Section	Main prohibitions (current text)	Threshold or exclusion that matters
DecaBDE	751.405	Manufacture and processing after March 8, 2021; distribution of decaBDE and decaBDE-containing articles after January 6, 2022, with phase-ins for specific uses	Not applicable below 0.1 % by weight if not intentionally added; recycled plastic without new decaBDE excluded
PIP (3:1) (phenol, isopropylated phosphate (3:1))	751.407	Processing and distribution after March 8, 2021, with use-specific phase-ins (table below)	Not applicable below 0.1 % by weight if not intentionally added; circuit boards and wire harnesses excluded
2,4,6-TTBP	751.409	Distribution above 0.3 % by weight in containers under 35 gallons, and processing and distribution as oil and lubricant additives above 0.3 %, after January 6, 2026	Concentration limit of 0.3 %
PCTP	751.411	Manufacture and processing after March 8, 2021, distribution after January 6, 2022	Allowed at or below 1 % by weight
HCBD	751.413	Manufacture, processing and distribution after March 8, 2021	By-product of chlorinated solvent production and burning as waste fuel excluded

PIP (3:1) dates for electronics

PIP (3:1) is the one that matters for hardware: it is a plasticiser and flame retardant found in PVC, wire and cable compounds, adhesives and some hydraulic fluids and lubricants. The current text of 40 CFR 751.407 sets these dates and exclusions.

Use or article	Rule in 40 CFR 751.407	Date
Processing of PIP (3:1) for use in articles, and processing of PIP (3:1)-containing articles	(a)(2)(iii)	Prohibited after October 31, 2024
Distribution in commerce of PIP (3:1)-containing articles	(a)(2)(iii)	Prohibited after October 31, 2026
Adhesives and sealants	(a)(2)(i)	Prohibited after January 6, 2025
Circuit boards and wire harnesses, including terminal and fuse covers, cable sleeves, casings, connectors and tapes	(b)(1)(iii)	Excluded from the prohibitions
Parts for new commercial electronic equipment, new laboratory equipment, new manufacturing equipment (including semiconductor), new HVAC and water-heating equipment, new power generating equipment	(a)(2)(x)	Prohibited after November 20, 2034
Replacement parts for consumer electronic equipment	(a)(2)(xi)	Prohibited after November 19, 2031
Replacement parts for commercial electronic equipment, HVAC and water-heating, power generating equipment	(a)(2)(xi)	Prohibited after November 19, 2049
Replacement parts for manufacturing and laboratory equipment	(a)(2)(xi)	Prohibited after the end of the equipment service lives
Articles containing PIP (3:1), not newly added, for repair or maintenance	(b)(1)(viii)	Excluded
Recycled plastic and articles made from it, no new PIP (3:1) added	(b)(1)(vi) and (vii)	Excluded
Any article with less than 0.1 % by weight, PIP (3:1) not intentionally added	(a)(1)	Outside the rule

The road to these dates: the January 2021 rule prohibited processing and distribution of PIP (3:1)-containing articles from March 8, 2021, which EPA then deferred for certain articles to March 8, 2022 (amendment of September 17, 2021) and to October 31, 2024 (amendment of March 8, 2022). The November 2024 revision kept October 31, 2024 for processing, moved distribution of articles to October 31, 2026, and added the dated exclusions above.

Obligations that come with the rule:

• Records: persons who manufacture, process or distribute PIP (3:1) or PIP (3:1)-containing products or articles keep ordinary business records (invoices, bills of lading) for five years, including a statement of compliance with 40 CFR 751.407(a). For articles this applies from October 31, 2024 (751.407(d)).
• Downstream notification: processors and distributors of PIP (3:1) and PIP (3:1)-containing products notify recipients in writing; the notice goes on the safety data sheet (from February 19, 2025) or the product label (by May 19, 2026), with wording fixed by 751.407(e)(3).
• Workplace protection: from January 21, 2025, sites that manufacture or process PIP (3:1) or decaBDE must apply the PPE and regulated-area provisions of the rule.

Section 6(a) rules on solvents

Separately from the PBT track, EPA finalised Section 6(a) rules after risk evaluation on trichloroethylene (TCE, December 17, 2024), perchloroethylene (PCE) and carbon tetrachloride (December 18, 2024). These target uses such as vapour degreasing and cleaning, not finished articles. Since 2025 EPA has published several postponements and compliance date extensions for TCE, PCE and carbon tetrachloride, the latest PCE and carbon tetrachloride extension on July 28, 2026, so check the current text before relying on any date. TSCA risk evaluations and rules are posted on the EPA dockets.

Section 5: new chemicals, PMN and SNUR

Section 5 is the gate for substances not on the TSCA Inventory and for designated significant new uses.

Instrument	Trigger	Timing in the rule	Article exemption
PMN (Premanufacture Notice)	Manufacture or import of a new chemical substance for commercial purposes	At least 90 calendar days before manufacture begins (40 CFR 720.40(b))	Import as part of an article exempt (40 CFR 720.22(b)(1))
SNUN (Significant New Use Notice)	A use designated by a SNUR in 40 CFR 721 subpart E	At least 90 calendar days before manufacture or processing for that use (40 CFR 721.25(a))	Import or processing as part of an article exempt (40 CFR 721.45(f)) unless the SNUR says otherwise
LVE / LoREX	New substance at 10,000 kg or less per year, or with low releases and exposures	Notice 30 days before manufacture (40 CFR 723.50)	Not relevant to article importers
TME (test marketing exemption)	Test marketing of a new substance	EPA approves or denies within 45 days of receipt (40 CFR 720.38(d))	Not relevant to article importers

Since 2016, Section 5(a)(3) requires EPA to make a determination on each PMN or SNUN, and the 90-day clock is not an automatic green light: for a SNUN, 40 CFR 721.25(d) says the submitter may not manufacture or process for the new use until EPA has issued a determination and taken the associated action. The article exemption from SNURs can be switched off by a specific rule: in 40 CFR 721.10536 (certain long-chain PFAS carboxylates), EPA made 721.45(f) inapplicable to those substances when they are part of a surface coating of an imported article.

The TSCA Inventory and import certification

Reading the Inventory

The Inventory lists substances manufactured or processed in the United States. The 2017 Inventory Notification (Active-Inactive) rule (40 CFR 710 subpart B) designated substances as active or inactive based on notifications filed from August 11, 2017. Before manufacturing or processing an inactive substance, a company files a Notice of Activity Form B, not more than 90 days before the anticipated date (40 CFR 710.30(b)). A substance absent from the Inventory is a new chemical and falls under Section 5.

Import certification at the border

CBP rules at 19 CFR 12.118 to 12.127 implement Section 13. The current 19 CFR 12.121 says:

1. Positive certification for chemical substances in bulk or as part of a mixture: "I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order thereunder."
2. Negative certification for TSCA-excluded chemicals not clearly identified as such (pesticides, foods, drugs and others excluded by Section 3(2)(B)): "I certify that all chemicals in this shipment are not subject to TSCA."
3. Articles: an importer of a chemical substance or mixture as part of an article must certify only if a rule or order issued under TSCA requires it (12.121(b), and 12.119(c)).

The certification is filed with the port director, electronically in ACE (or another CBP-authorised EDI system) or in writing, before release, and must include the name, phone number and email address of the certifier.

Section 8 reporting, including PFAS

Chemical Data Reporting (CDR)

Under 40 CFR 711.8, a person who manufactured or imported 25,000 lb (11,340 kg) or more of a listed substance at one site in any calendar year since the last principal reporting year must report. The threshold drops to 2,500 lb (1,134 kg) for substances subject to certain Section 4, 5 or 6 actions. Import as part of an article is not reportable (40 CFR 711.10(b)). The 2024 submission period ran from June 1 to November 22, 2024; the next recurring periods run from June 1 to September 30 every four years, beginning in 2028 (40 CFR 711.20).

The PFAS reporting rule (40 CFR 705)

EPA published the rule on October 11, 2023 (88 FR 70516), effective November 13, 2023, under Section 8(a)(7), added by the National Defense Authorization Act for Fiscal Year 2020. Key features of the current text:

• It covers anyone who manufactured (including imported) a PFAS for commercial purposes in any year from January 1, 2011 through 2022, including PFAS in mixtures and articles (40 CFR 705.5 and 705.10).
• PFAS is defined by structure: any substance containing at least one of three listed fluorinated sub-structures (40 CFR 705.3).
• There is currently no de minimis concentration and no article exemption. Article importers may use a streamlined form and report what they know or can reasonably ascertain, with reasonable estimates allowed (40 CFR 705.18(a)).
• Records supporting the report are kept for five years from the last day of the submission period (40 CFR 705.25).

The submission window has moved four times:

Federal Register action	Submission period set
Final rule, October 11, 2023	Opening November 12, 2024
Direct final rule, September 5, 2024 (effective November 4, 2024)	Opening July 11, 2025
Interim final rule, May 13, 2025	April 13 to October 13, 2026; small manufacturers reporting only as article importers until April 13, 2027
Final rule, April 13, 2026 (91 FR 18786)	Opening January 31, 2027, or 60 days after the effective date of a forthcoming final rule on substantive requirements, whichever is earlier; six months, or twelve months for small manufacturers reporting only as article importers (40 CFR 705.20)

In parallel, EPA proposed on November 13, 2025 (90 FR 50923) to exempt a de minimis concentration of 0.1 %, PFAS imported as part of an article, byproducts, impurities, R&D substances and non-isolated intermediates. Comments closed on December 29, 2025. No final rule had been published in the Federal Register by October 7, 2026. Until one is, article importers remain in scope. Note that the EPA Section 8(a)(7) web page, last updated April 16, 2026, still carries the superseded "October 13, 2026" line next to the April 2026 update: the eCFR text is the reference.

Claims the texts contradict

Common claim (including earlier versions of this page)	What the text says
"PIP (3:1) is banned in electronics, including wire insulation and cables"	40 CFR 751.407(b)(1)(iii) excludes circuit boards and wire harnesses, including cable sleeves, casings, connectors and tapes. Parts for new commercial electronic equipment have until November 20, 2034
"The PIP (3:1) article deadline is a moving target, check EPA"	The current text fixes it: processing prohibited after October 31, 2024, distribution of articles after October 31, 2026 (89 FR 91486)
"There is no threshold for PIP (3:1)"	Articles with less than 0.1 % by weight of PIP (3:1) not intentionally added are outside the rule (751.407(a)(1))
"Every chemical shipment, including articles, must carry a TSCA certification"	Articles need a certification only when a TSCA rule or order requires it (19 CFR 12.121(b))
"A negative certification covers articles not subject to a rule"	The negative statement is for TSCA-excluded chemicals such as pesticides, foods and drugs (19 CFR 12.121(a)(2))
"Importing a product containing a new chemical requires a PMN"	40 CFR 720.22(b)(1) exempts a new substance imported as part of an article
"The TSCA PFAS submission window opens in 2025" (or "closes October 13, 2026")	Since April 13, 2026, it opens January 31, 2027 at the latest (40 CFR 705.20)
"The PFAS rule has no de minimis and no article exemption, full stop"	True of the current text, but EPA proposed both on November 13, 2025; the final rule is pending
"TME needs 45 days of lead time"	45 days is the deadline for EPA to approve or deny the application (40 CFR 720.38(d))
"CDR covers article importers"	Import as part of an article is not reportable under CDR (40 CFR 711.10(b))

TSCA versus EU REACH for electronics makers

Dimension	TSCA (United States)	REACH (European Union)
Administering body	EPA	ECHA and national authorities
Existing chemicals	Prioritised and evaluated by EPA, then regulated by rule	Registration by industry above 1 tonne per year
Substances in articles	Substance-specific Section 6 rules; PFAS reporting	SVHC candidate list, Article 33 communication, SCIP notification, Annex XVII restrictions
Concentration trigger	Rule-specific (0.1 % unintentional for PIP (3:1) and decaBDE, 1 % for PCTP, 0.3 % for 2,4,6-TTBP)	0.1 % by weight of the article for SVHC duties
New substances	PMN 90 days before manufacture; articles exempt	Registration before manufacture or import above 1 tonne per year
PFAS	One-time retrospective report for 2011 to 2022; article and de minimis exemptions proposed	Annex XVII restrictions on specific PFAS; universal PFAS restriction proposal at ECHA
Marking	None	None under REACH

The same bill of materials feeds a REACH and SCIP analysis for the EU (see the REACH guide) and a TSCA Section 6 and PFAS analysis for the US. RoHS sits alongside both (see the RoHS guide).

Step by step: a TSCA screen for a hardware product

1. Collect supplier declarations with CAS numbers down to homogeneous materials, focusing on cable and wire compounds, PVC, adhesives, sealants, lubricants and coatings.
2. Screen against 40 CFR 751 subpart E: PIP (3:1) (CASRN 68937-41-7), decaBDE, PCTP, 2,4,6-TTBP and HCBD, with each threshold.
3. For any PIP (3:1) hit, map the exclusion: circuit board or wire harness, part for new commercial electronic equipment (until November 20, 2034), consumer electronics replacement part (until November 19, 2031), or a general article whose distribution stops after October 31, 2026.
4. Keep five years of records with the compliance statement required by 751.405(c) or 751.407(d), and check the SDS or label notice for PIP (3:1)-containing products.
5. Inventory the 2011 to 2022 PFAS imports, including in articles, and prepare to report under 40 CFR 705 unless the final rule on exemptions removes your activity from scope.
6. Decide the import certification per entry: positive or negative for bulk chemicals and mixtures, none for articles unless a rule requires it.
7. Check Section 5 only when you import substances in bulk or mixtures, or when a SNUR removes the article exemption for a substance you use.

Common pitfalls

Pitfall	Consequence	Mitigation
Treating all PIP (3:1)-containing electronics as banned	Scrapping compliant circuit boards and harnesses, or redesigning parts that have until 2031 or 2034	Map each hit to the exclusions and phase-ins of 751.407
Treating October 31, 2026 as one more provisional date	Distributing general PIP (3:1)-containing articles after the prohibition	Remove or replace stock that no exclusion covers
Ignoring the 0.1 % unintentional threshold	Over-testing or false positives from trace contamination	Document that PIP (3:1) or decaBDE is not intentionally added and below 0.1 %
Filing a TSCA certification for every article shipment	Unneeded statements that must still be true	Certify articles only where a rule or order requires it
Dropping PFAS work because a proposal would exempt articles	Non-compliance if the final rule keeps articles in scope	Keep the 2011 to 2022 data gathering going until the final rule is published
Relying on the EPA web page for the PFAS deadline	Working to the superseded October 13, 2026 date	Use 40 CFR 705.20 as amended on April 13, 2026

Further reading

• REACH 1907/2006: chemical substances and SVHC
• RoHS: restriction of hazardous substances in EEE
• California Proposition 65 warnings
• WEEE 2012/19/EU: EU e-waste framework
• Conflict minerals: CMRT and Dodd-Frank
• spilma glossary

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Sources and references

Sources & references

1. Toxic Substances Control Act, 15 U.S.C. Chapter 53 (US Code), Office of the Law Revision Counsel, US House of Representatives uscode.house.gov/view.xhtml?path=/prelim@title15/chapter53&edition=prelim
2. Summary of the Toxic Substances Control Act, EPA www.epa.gov/laws-regulations/summary-toxic-substances-control-act
3. Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act
4. 40 CFR Part 751 Subpart E, Persistent, Bioaccumulative, and Toxic Chemicals (current text), eCFR, National Archives www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-751/subpart-E
5. DecaBDE and PIP (3:1); Revision to the Regulation of PBT Chemicals Under TSCA, 89 FR 91486 (November 19, 2024), Federal Register www.federalregister.gov/documents/2024/11/19/2024-25758/decabromodiphenyl-ether-and-phenol-isopropylated-phosphate-31-revision-to-the-regulation-of
6. Persistent, Bioaccumulative, and Toxic (PBT) Chemicals under TSCA Section 6(h), EPA www.epa.gov/assessing-and-managing-chemicals-under-tsca/persistent-bioaccumulative-and-toxic-pbt-chemicals
7. Reviewing new chemicals under TSCA (PMN, exemptions and SNUR), EPA www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca
8. TSCA Chemical Substance Inventory, EPA www.epa.gov/tsca-inventory
9. 19 CFR 12.121, TSCA import certification requirements, eCFR, National Archives www.ecfr.gov/current/title-19/section-12.121
10. TSCA import and export requirements, EPA www.epa.gov/tsca-import-export-requirements
11. 40 CFR Part 705, PFAS reporting and recordkeeping (current text), eCFR, National Archives www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-705
12. Modification to the Start of the Submission Period for PFAS Reporting Under TSCA 8(a)(7), 91 FR 18786 (April 13, 2026), Federal Register www.federalregister.gov/documents/2026/04/13/2026-07062/modification-to-the-start-of-the-submission-period-for-perfluoroalkyl-and-polyfluoroalkyl-substances
13. PFAS Data Reporting Under TSCA; Revision to Regulation (proposed rule), 90 FR 50923 (November 13, 2025), Federal Register www.federalregister.gov/documents/2025/11/13/2025-19882/perfluoroalkyl-and-polyfluoroalkyl-substances-pfas-data-reporting-and-recordkeeping-under-the-toxic
14. PFAS Data Reporting Under TSCA; Change to Submission Period, 90 FR 20236 (May 13, 2025), Federal Register www.federalregister.gov/documents/2025/05/13/2025-08168/perfluoroalkyl-and-polyfluoroalkyl-substances-pfas-data-reporting-and-recordkeeping-under-the-toxic
15. TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for PFAS, EPA www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-section-8a7-reporting-and-recordkeeping
16. 40 CFR 711.20, Chemical Data Reporting submission periods, eCFR, National Archives www.ecfr.gov/current/title-40/section-711.20
17. Chemical Data Reporting (CDR) under TSCA, EPA www.epa.gov/chemical-data-reporting