Toxic Substances Control Act (TSCA)

Scope

TSCA authorizes EPA to establish and regulate chemical substances under 40 CFR 700 through 799. TSCA requires that any chemical that reaches the consumer marketplace be tested for possible toxic effects prior to commercial manufacture. Any existing chemical that poses health and environmental hazards is tracked and reported under TSCA. Procedures also are authorized for corrective action under TSCA in cases of cleanup of toxic materials contamination. TSCA supplements other federal statutes, including the Clean Air Act and the Toxic Release Inventory under the Emergency Planning and Community Right To Know Act (EPCRA).

Regulatory citations

• 40 CFR 700 through 799
• Toxic Substances Control Act - 15 USC Chapter 53

Key definitions

• Asbestos: A mineral fiber that occurs in rock and soil. Because of its fiber strength and heat resistance it has been used in a variety of building construction materials for insulation and as a fire retardant. Asbestos fibers may be released into the air by the disturbance of asbestos-containing material during product use, demolition work, building or home maintenance, repair, and remodeling. In general, exposure may occur only when the asbestos-containing material is disturbed or damaged in some way to release particles and fibers into the air.
• Environmental Protection Agency (EPA): Established on December 2, 1970, to consolidate in one agency a variety of federal research, monitoring, standard-setting, and enforcement activities to ensure environmental protection.
• Lead: A naturally occurring element found in small amounts in the earth’s crust. While it has some beneficial uses, it can be toxic to humans and animals. Much of our exposure comes from human activities including the use of fossil fuels including past use of leaded gasoline, some types of industrial facilities, and past use of lead-based paint in homes.
• Radon: A naturally occurring radioactive gas that can cause lung cancer. It can’t be seen or smelled. Testing is the only way to know your level of exposure.
• Toxic substances: Chemicals or mixtures that may present an unreasonable risk of injury to health or the environment.
• Toxic Substances Control Act (TSCA) of 1976: Provides EPA with authority to require reporting, recordkeeping, and testing requirements, and restrictions relating to chemical substances and/or mixtures. TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon and lead-based paint. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides.

Summary of requirements

The purpose of TSCA is to develop information on toxic substances and regulate those which present an unreasonable risk. This is done through the four subchapters of the Act, each of which is summarized below.

Subchapter I—Toxic substances

• TSCA allows EPA to track the 75,000 industrial chemicals currently produced or imported into the U.S., and thousands of new chemicals developed each year. EPA can:
  • Require reporting or testing of those that pose a hazard, or
  • Ban the manufacture and import of toxic substances.
• Toxic substances are chemicals or mixtures that may present an unreasonable risk of injury to health or the environment. Toxicity is a chemical’s ability to cause injury after exposure. Though all things can be toxic, the level and duration of exposure is the key toxicity. Testing is performed to identify the health effects, as well as the levels of exposure that cause those effects.
• Manufacturers, processors, or importers of certain substances may have to submit preliminary assessment information or studies of those substances to EPA. Also, the thousands of new chemicals manufactured each year must be assessed for hazards. To accomplish this, EPA requires notification about certain activities.
• Manufacturers and importers must submit notice to EPA at least 90 days before the manufacture or import of a new chemical substance. Similarly, persons must submit notice to EPA if they intend to manufacture, import, or process existing chemicals whose use is designated as a “significant new use.”
• The notice must provide information about the manufacture, processing, distribution, use, and disposal of the chemical substance. Once EPA receives the notice, EPA can:
  • Limit chemical manufacturing, processing, use, or disposal;
  • Require labeling;
  • Require recordkeeping;
  • Give notice of any unreasonable risk; and/or
  • Replace/repurchase a chemical substance determined to have unreasonable risk.

Subchapter II—Asbestos

• Current TSCA regulations concerning asbestos can be divided into three subject areas:
  • Asbestos-containing materials in schools,
  • Asbestos abatement projects, and
  • Prohibitions and requirements for specific asbestos-containing products.
• In addition to TSCA, EPA regulates asbestos under the National Emission Standards for Hazardous Air Pollutants. Because of the hazards involved, DOT regulates the transportation of asbestos, and OSHA regulates worker exposure and labeling requirements for asbestos.

Subchapter III—Radon

• In the area of radon protection, TSCA also covers:
  • Model construction standards and techniques,
  • Technical assistance to states for radon programs,
  • Grant assistance to states for radon programs,
  • Radon in schools, and
  • Regional radon training centers.

Subchapter IV—Lead

• EPA’s training and certification rule under TSCA builds on existing federal and state efforts to protect families and their children from lead poisoning. The training and certification requirements ensure that:
  • Lead-based paint professionals are trained to conduct lead-based paint activities in residential dwellings and facilities occupied by children;
  • Lead-based paint inspections, risk assessments, and abatements are conducted reliably, safely, and effectively; and
  • Training providers are capable of providing quality instruction to lead professionals.
• Affected parties include:
  • Training providers seeking to provide instruction in the identification, assessment, and removal of lead-based paint hazards; and
  • Contractors that seek certification to conduct lead-based paint activities.
• Target housing includes most private housing, public housing, housing receiving federal assistance, and federally owned housing built before 1978. The rule does not cover public or commercial buildings (except child-occupied facilities), superstructures, or bridges. Examples of child-occupied facilities include day-care centers, preschools, and kindergarten classrooms. EPA is continuing to develop options to establish training and certification requirements for individuals and firms working on public and commercial structures.
• The federal lead training and certification program establishes five categories or disciplines of lead-based paint professionals:
  1. Supervisors
  2. Workers
  3. Inspectors
  4. Risk assessors
  5. Project designers
• The rule also defines three major types of lead-based paint activities: inspection, risk assessment, and abatement. An individual who conducts inspections must either be a certified inspector or a certified risk assessor. An individual who performs risk assessments must be a certified risk assessor. The certification requirements for abatement activities depend on the type of work performed. For example, workers and supervisors must conduct the actual lead abatement work, while inspectors or risk assessors conduct the clearance testing, and supervisors or project designers must prepare occupant protection plans and abatement reports.