• Penalties and other sanctions that are applicable to violations under state law must not be more stringent than those available under TSCA.

Co-enforcement

Section 18 of the Toxic Substances Control Act (TSCA) also establishes parameters for states that adopt and enforce requirements under their own laws that are identical to TSCA requirements. Penalties and other sanctions that are applicable to violations under state law must not be more stringent than those available under TSCA.

Additionally, a state may not assess a penalty for a violation under its own law if the Environmental Protection Agency (EPA) has already assessed an adequate penalty for the same violation under TSCA. If a state has already assessed a penalty for a specific violation under state law, TSCA limits the penalty EPA may assess for the same violation so that the combined total penalty amount would not exceed the maximum penalty amount allowed under the Act. Under this scheme, regulated entities may face enforcement by either state or federal regulators.

State grants

TSCA Section 28 authorizes EPA to award grants to states to establish and operate programs intended to prevent or eliminate unreasonable risks associated with chemicals for which the agency “is unable or is not likely to take action” under the Act. Section 28 limits grant awards to 75 percent of the establishment and operation costs of the program.

The 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) repealed the authorization of appropriations for state grants but not the program authority, and Congress has continued to provide TSCA grant funding to states through annual discretionary appropriations.