• EPA can subpoena witnesses, documents, and other information necessary to carry out TSCA.
• Any person who knowingly or willfully violates any provision of section 2614 or 2689 of Title 15 of the U.S. Code, shall, in addition to or in lieu of any civil penalty for such violation, be subject, upon conviction, to a fine of not more than $50,000 for each day of violation, or to imprisonment for not more than one year, or both.

Several Toxic Substances Control Act (TSCA) provisions (sections 11, 15, 16, and 17) relate to enforcement of the statute.

Inspections

The Environmental Protection Agency (EPA) can inspect any establishment in which chemicals or mixtures are manufactured, processed, imported to, stored, or held before or after their distribution in commerce, or any conveyance being used to transport chemicals or mixtures. No inspection shall include financial, sales, pricing, personnel, or research data, unless specified in an inspection notice.

Subpoenas

EPA can subpoena witnesses, documents, and other information necessary to carry out TSCA. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the U.S. Any district court of the U.S. in which venue is proper shall have jurisdiction to order any such person to comply with such subpoena. Any failure to obey such an order of the court is punishable by the court as a contempt thereof.

Civil penalties

Any person who violates a provision of TSCA section 2614 or 2689 shall be liable to the U.S. for a civil penalty in an amount not to exceed the dollar amount specified at 40 CFR 19.4, for each such violation. Each day such a violation continues shall, for purposes of section 2615, constitute a separate violation of section 2614 or 2689.

According to section 2614:

“It shall be unlawful for any person to —

• (1) fail or refuse to comply with any requirement of this subchapter [Subchapter I Control of Toxic Substances] or any rule promulgated, order issued, or consent agreement entered into under this subchapter, or any requirement of subchapter II [Asbestos Hazard Emergency Response] or any rule promulgated or order issued under subchapter II;
• (2) use for commercial purposes a chemical substance or mixture which such person knew or had reason to know was manufactured, processed, or distributed in commerce in violation of section 2604 or 2605 of this title, a rule or order under section 2604 or 2605 of this title, or an order issued in action brought under section 2604 or 2606 of this title;
• (3) fail or refuse to (A) establish or maintain records, (B) submit reports, notices, or other information, or (C) permit access to or copying of records, as required by this chapter or a rule thereunder; or
• (4) fail or refuse to permit entry or inspection as required by section 2610 of this title.”

According to section 2689,

• “It shall be unlawful for any person to fail or refuse to comply with a provision of this subchapter [Subchapter IV Lead Exposure Reduction] or with any rule or order issued under this subchapter.”

Criminal liability

In general, any person who knowingly or willfully violates any provision of section 2614 or 2689 of this title, shall, in addition to or in lieu of any civil penalty for such violation, be subject, upon conviction, to a fine of not more than $50,000 for each day of violation, or to imprisonment for not more than one year, or both.

However, any person who knowingly and willfully violates any provision of section 2614 or 2689 of this title, and who knows at the time of the violation that the violation places an individual in imminent danger of death or serious bodily injury, shall be subject on conviction to a fine of not more than $250,000, or imprisonment for not more than 15 years, or both. Also, an organization that commits a knowing violation as described shall also be subject on conviction to a fine of not more than $1,000,000 for each violation.