Criminal Provisions of the Toxic Substances Control Act (TSCA)
On this page are general descriptions of the criminal provisions under the Toxic Substances Control Act (TSCA).
Knowing or Willful Violations of TSCA
PCB Violations
Pre-Manufacture Notice Requirements
Knowing or Willful Reporting Violations
Knowing or Willful Denial of Entry
Knowing or Willful Violations of TSCA
Elements:
- A person
- Knowingly or willfully
- Fails or refuses to comply with a regulation order, or inspection under 15 U.S.C. 2603-2606, 2610 (Control of Toxic Substances); 15 U.S.C. 2681-2689 (Lead Exposure Reduction) regarding a substance regulated under TSCA or AHERA.
- Knowingly or willfully
Statute: 15 U.S.C. 2615(b)
Penalty:
- 1 year and/or up to $25,000 per day violation
Relevant Regulations: 40 C.F.R. 700 - 766
PCB Violations
Elements:
- A person
- Knowingly or willfully
- Failed or refuse to comply with [a PCB regulation] the PCB substance contained 50 ppm or greater PCBs
- Knowingly or willfully
Statute: 15 U.S.C. 2615(b)
Penalty:
- 1 year and/or up to $25,000 per day violation
Relevant Regulations: 40 C.F.R. 761
Pre-Manufacture Notice Requirements
Elements:
- A person
- Knowingly or willfully
- Failed or refused to submit the notice requirement the chemical substance was a new chemical, or the chemical substance was manufactured or processed for a use designated by regulation as a new use
- Knowingly or willfully
Statute: 15 U.S.C. 2615(b)
Penalty:
- 1 year and/or up to $25,000 per day violation
Relevant Regulations: 40 C.F.R. 720 - 725
Knowing or Willful Reporting Violations
Elements:
- A person subject to record keeping, reporting, or access for copying requirement under TSCA (15 U.S.C. 2601-2692)
- Knowingly or willfully
- Fails or refuses to comply with the requirement
- Knowingly or willfully
Statute: 15 U.S.C. 2615(b)
Penalty:
- 1 year and/or up to $25,000 per day violation
Knowing or Willful Denial of Entry
Elements:
- EPA provided appropriate written notice to the owner, operator, or agent in charge of the facility prior to inspection the facility was subject to inspection under 15 U.S.C. 2610, an EPA representative thereafter sought entry to the premises for a legitimate purpose under 15 U.S.C. 2610, an EPA representative presented appropriate credentials, the defendant thereafter
- Knowingly or willfully denied the EPA representative access to the premises
Statute: 15 U.S.C. 2615(b)
Penalty:
- 1 year and/or up to $25,000 per day violation