Toxic Substances Control Act (TSCA): Current Events Heighten Awareness for Semiconductor Industry

Toxic Substances Control Act (TSCA): Current Events Heighten Awareness for Semiconductor Industry
Renee Bade* and Sally Pawsat; *RSB Technical Services, Inc.

The Toxic Substances Control Act (TSCA) regulates any entity that manages chemicals including their manufacture, import, export, processing, distribution, and use. The Semiconductor industry is a key part of the regulated community and TSCA non-compliance can result in significant impacts to business operations. Until recently, however, the Semiconductor industry considered TSCA to be primarily a chemical manufacturing issue. While it is true that the majority of TSCA regulations are focused on chemical manufacturing, TSCA regulations equate import with manufacture. This distinction became clear for the Semiconductor industry on 18 October 2000, when EPA proposed a rule restricting the manufacture/importation of certain perfluoroalkyl sulfonates, collectively known as PFAS. As certain PFAS compounds offer unique advantages in the photolithography process, this proposed restriction threatened the development of new technologies in the Semiconductor industry. This article will give a brief overview of the TSCA regulations, outline the obligations of the regulated community, and address the key components for assessing TSCA compliance.