Chemicals Banned Under the Toxic Substances Control Act

The Toxic Substances Control Act bans polychlorinated biphenyls (PCBs), chrysotile asbestos, and — following final EPA rules issued in 2024 — three chlorinated industrial solvents: trichloroethylene (TCE), methylene chloride, and perchloroethylene. TSCA also imposes strict controls, short of a complete ban, on lead-based paint, mercury, PFAS, and a group of five persistent, bioaccumulative, and toxic (PBT) chemicals. The EPA administers the law and tracks more than 86,000 substances on the TSCA Inventory, with authority to restrict any of them when evidence shows unreasonable risk.¹

Polychlorinated Biphenyls

PCBs were the first chemicals TSCA banned outright. Congress wrote the prohibition directly into the statute at Section 6(e), which makes PCBs unusual; almost every other TSCA restriction comes through EPA rulemaking rather than the text of the law itself. Under that provision, no one may manufacture any PCB after January 1, 1979, and no one may process or distribute any PCB after July 1, 1979.²

One exception survives: use in a “totally enclosed manner.” That covers intact, non-leaking electrical equipment such as sealed transformers and capacitors, where no PCBs can escape into the environment.³ PCBs earned this treatment because they persist in soil and water for decades, accumulate up the food chain, and cause serious health effects including cancer.

Chrysotile Asbestos

The EPA first tried to ban asbestos in 1989, but a federal court struck down most of that rule in 1991. It took the 2016 amendments to TSCA and another eight years of work before the agency succeeded. On March 18, 2024, the EPA finalized a rule banning the ongoing uses of chrysotile asbestos, the only form of asbestos still imported into or used in the United States.⁴

The rule addresses chrysotile asbestos in specific product categories on a staggered timeline. Imports for use in the chlor-alkali industry were banned immediately upon the rule’s effective date. As of November 25, 2024, use in oilfield brake blocks, aftermarket automotive brakes and linings, other vehicle friction products, and other gaskets is prohibited. Sheet gaskets used in chemical production face a separate phaseout with interim workplace protections.⁵ Chrysotile asbestos exposure causes lung cancer, mesothelioma, ovarian cancer, and laryngeal cancer.

The 2024 rule reaches only chrysotile asbestos. Other forms, including amosite, crocidolite, tremolite, anthophyllite, and actinolite, are not currently imported or used in the U.S. and are not covered by this specific rule, though they remain subject to TSCA’s general risk-management authority.

The Three Industrial Solvents Banned in 2024

The EPA issued final rules in 2024 targeting three chlorinated solvents that had been in widespread industrial use for decades. These are the most significant new chemical bans under TSCA since the 2016 amendments gave the agency stronger authority to act on unreasonable risks.

Trichloroethylene

On December 17, 2024, the EPA finalized a rule prohibiting all uses of trichloroethylene, a solvent widely used in metal degreasing, spot cleaning, and as a chemical intermediate. Most prohibitions take effect within one year of the rule’s publication, including bans on manufacturing and processing TCE for most commercial uses and all consumer products.⁶ Uses that continue under extended phaseouts or specific exemptions must follow strict workplace safety controls.

The TCE rule faces legal challenges. As of February 2026, the EPA postponed the effectiveness of conditions attached to certain exemptions until May 18, 2026, to preserve the status quo while litigation is pending.⁷ Businesses that use or manufacture TCE should track these developments, because compliance dates could shift.

Methylene Chloride

The EPA finalized its methylene chloride rule on May 8, 2024, with an effective date of July 8, 2024. Methylene chloride is an aggressive solvent found in paint strippers, adhesives, degreasers, and aerosol products, and it has caused dozens of deaths, particularly among workers using it in poorly ventilated spaces. The rule phases in prohibitions on a staggered schedule: manufacturing for most uses was banned after May 5, 2025, and the prohibition on most industrial and commercial use takes effect after April 28, 2026.⁸

Perchloroethylene

Perchloroethylene, commonly called “perc,” is best known as the solvent behind dry cleaning. The EPA’s December 2024 final rule bans all consumer uses of PCE and phases out most industrial and commercial uses on a staggered timeline. Manufacturing for non-exempt uses is prohibited after June 11, 2026, and industrial or commercial use of those same categories is prohibited after June 7, 2027.⁹

Dry cleaning gets a 10-year phaseout. No new dry cleaning machines may use PCE after June 2025. Third-generation machines must stop using it roughly three years after publication, and all dry cleaning and spot cleaning use ends around December 2034. Dry cleaners must follow specific workplace safety requirements during the phaseout.

Persistent, Bioaccumulative, and Toxic Chemicals

The 2016 Lautenberg Act amendments added Section 6(h) to TSCA, which required the EPA to take expedited action, without conducting a full risk evaluation, on chemicals that persist in the environment, build up in living organisms, and are toxic. Five chemicals fall under this treatment.¹⁰

Decabromodiphenyl ether (decaBDE), a flame retardant formerly used in electronics, textiles, and plastics. Manufacturing, processing, and distribution are prohibited for all uses, with limited exemptions. A 2024 revision set a concentration threshold of 0.1% by weight for unintentional amounts in products and added workplace safety requirements.
Phenol, isopropylated phosphate, or PIP (3:1), a flame retardant and plasticizer used in lubricants, hydraulic fluids, and electronics. Processing and distribution are prohibited for most uses, though aviation hydraulic fluid and recycled plastics originally containing PIP (3:1) are exempt.
2,4,6-Tris(tert-butyl)phenol (2,4,6-TTBP), a fuel and oil additive. Distribution in containers under 35 gallons at concentrations above 0.3% by weight is prohibited to prevent consumer and small-business use as a fuel additive.
Pentachlorothiophenol (PCTP), used as a rubber processing chemical. Manufacturing, processing, and distribution are prohibited unless concentrations are at or below 1% by weight.
Hexachlorobutadiene (HCBD), an industrial solvent and byproduct. Subject to prohibitions on processing and distribution.

Compliance has been rocky. The PIP (3:1) rule caught many manufacturers off guard because the chemical appears deep in supply chains, in adhesives, sealants, and electronic components, where companies didn’t realize it was present. The EPA has extended compliance dates for articles containing PIP (3:1) multiple times, most recently to October 31, 2024.¹¹

Heavily Restricted but Not Banned

Several well-known hazardous substances are tightly controlled under TSCA without being prohibited outright. Confusing the two categories can lead to expensive compliance mistakes.

Lead

Lead-based paint is TSCA’s most far-reaching regulatory program in terms of the number of people it affects. TSCA Title IV and the Residential Lead-Based Paint Hazard Reduction Act of 1992 require disclosure of known lead-based paint hazards when selling or leasing housing built before 1978, certification of workers who perform lead paint inspections and abatement, and accreditation of training programs.¹² Renovation firms must follow EPA lead-safe work practices and retain compliance records for at least three years after each project.¹³

As of January 12, 2026, the EPA’s dust-lead action levels for post-abatement clearance testing dropped to 5 micrograms per square foot for floors and 40 micrograms per square foot for interior window sills, roughly half the previous thresholds.¹⁴ The tighter limits reflect the CDC’s position that no safe blood lead level in children has been identified.

Mercury

TSCA’s mercury provisions focus on tracking and controlling how mercury moves through commerce. The Lautenberg Act amendments require the EPA to publish an inventory of U.S. mercury supply, use, and trade every three years, supported by mandatory reporting from manufacturers and importers of mercury and mercury-added products.¹⁵

Separately, the Mercury Export Ban Act of 2008, which amended TSCA, has prohibited the export of elemental mercury from the United States since January 1, 2013. That ban extends to mixtures and alloys containing elemental mercury, though coal exports are excluded.¹⁶

PFAS

Per- and polyfluoroalkyl substances, the so-called “forever chemicals,” are an emerging TSCA priority. No blanket ban on PFAS exists yet, but the EPA has imposed significant restrictions on how new PFAS enter the market. PFAS and certain PBT chemicals are ineligible for the low-volume exemption that normally allows small-scale manufacturing of new chemicals without a full safety review.¹⁷ Any company wanting to manufacture a new PFAS must go through the complete pre-manufacture notice process.

The EPA also finalized a PFAS reporting rule requiring manufacturers, including importers, to submit historical data on PFAS they have produced or used since 2011. The data submission window runs from April 13, 2026 through October 13, 2026, with a later deadline of April 13, 2027 for small manufacturers reporting exclusively as article importers.¹⁸ The reporting rule is a data-gathering step, not a direct restriction, but the information it produces will shape future regulatory action.

What TSCA Does Not Reach

TSCA is broad, but several categories of materials fall outside its definition of “chemical substance” entirely and are handled by other federal laws.¹⁹

Pesticides, regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Food, food additives, drugs, and cosmetics, regulated by the FDA
Tobacco and tobacco products
Nuclear source material, special nuclear material, and byproduct material under the Atomic Energy Act
Firearms, ammunition, shells, and cartridges

The exclusion follows the use, not the substance. If a chemical is used as a pesticide, TSCA doesn’t cover that use even if the same chemical has industrial applications that TSCA does regulate.

Penalties for Violating a TSCA Ban

Civil penalties can reach $49,772 per day of violation as of the most recent inflation adjustment.²⁰ Because penalties accrue daily, a company that continues a banned use for months can face liability in the millions. The EPA adjusts these amounts periodically for inflation.

Criminal penalties apply when someone knowingly or willfully violates TSCA. A conviction can result in a fine of up to $50,000 per day of violation, imprisonment for up to one year, or both. If the violator knew at the time that the violation placed someone in imminent danger of death or serious bodily injury, the maximum climbs to $250,000 in fines and 15 years in prison.²¹

1
US EPA. About the TSCA Chemical Substance Inventory
2
Office of the Law Revision Counsel. 15 USC 2605 – Prioritization, Risk Evaluation, and Regulation of Chemical Substances and Mixtures
3
eCFR. 40 CFR Part 761 – Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions
4
U.S. Environmental Protection Agency (EPA). Biden-Harris Administration Finalizes Ban on Ongoing Uses of Asbestos to Protect People from Cancer
5
Federal Register. Asbestos Part 1 – Chrysotile Asbestos – Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA)
6
U.S. Environmental Protection Agency (EPA). Update on the Status of TSCA Risk Management Rule for TCE
7
Federal Register. Extension of Postponement of Effectiveness for Certain Provisions of Trichloroethylene (TCE) Regulation Under the Toxic Substances Control Act (TSCA)
8
U.S. Environmental Protection Agency (EPA). A Guide to Complying with the 2024 Methylene Chloride Regulation Under the Toxic Substances Control Act (TSCA)
9
Federal Register. Perchloroethylene (PCE) Regulation Under the Toxic Substances Control Act (TSCA)
10
US EPA. Persistent, Bioaccumulative, and Toxic (PBT) Chemicals Under TSCA Section 6(h)
11
U.S. Environmental Protection Agency. EPA Extends Compliance Date for Articles Containing PIP (3:1)
12
Office of the Law Revision Counsel. 15 USC Chapter 53, Subchapter IV – Lead Exposure Reduction
13
eCFR. 40 CFR Part 745 Subpart E – Residential Property Renovation
14
eCFR. 40 CFR Part 745 Subpart L – Lead-Based Paint Activities
15
U.S. Environmental Protection Agency. Reporting Requirements for the Mercury Inventory of the Toxic Substances Control Act
16
US EPA. Questions and Answers on the Mercury Export Ban Act (MEBA) of 2008
17
US EPA. Low Volume Exemption for New Chemical Review Under TSCA
18
Federal Register. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping Under the Toxic Substances Control Act (TSCA) – Change to Submission Period
19
US EPA. Toxic Substances Control Act (TSCA) and Federal Facilities
20
eCFR. 40 CFR 19.4 – Statutory Civil Monetary Penalties, as Adjusted for Inflation
21
Office of the Law Revision Counsel. 15 USC 2615 – Penalties