Criminal Provisions of the Toxic Substances Control Act (TSCA)

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

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Knowing or Willful Violations of TSCA

Elements:

• A person
  • Knowingly and willfully
    • Violates any provision of section 2614 or 2689
      • Knew at the time of the violation that the violation places another person in imminent danger of death or serious bodily injury

Statute: 15 U.S.C. 2615(b)(2)(A)

Penalty:

Individuals face a maximum penalty of not more than $250,000 and 15 years in prison, corporations face a maximum $1,000,000 fine per violation (organizations addressed in 2615(b)(2)(B))

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• 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.

Statute: 15 U.S.C. 2615(b)

Penalty:

• 1 year and/or up to $50,000 per day violation

Relevant Regulations: 40 C.F.R. 700 - 766

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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

Statute: 15 U.S.C. 2615(b)

Penalty:

• 1 year and/or up to $50,000 per day violation

Relevant Regulations: 40 C.F.R. 761

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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

Statute: 15 U.S.C. 2615(b)

Penalty:

• 1 year and/or up to $50,000 per day violation

Relevant Regulations: 40 C.F.R. 720 - 725

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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

Statute: 15 U.S.C. 2615(b)

Penalty:

• 1 year and/or up to $50,000 per day violation

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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 $50,000 per day violation