55 slide Power Point Comprehensive review of the OSHA act regulations for regulations for employer and employee responsibilities and rights, records and documentation

1

Toxic Substances Control Act

A. The Toxic Substances Control Act (TSCA) was enacted by congress in 1976, to

become effective January 1, 1977. The act authorized the Environmental Protection

Agency (EPA) to secure information on all new and existing chemical substances, and to

control any of these substances determined to cause an unreasonable risk to public health

or the environment. Before TSCA was passed, EPA only had the authority to control toxic

substances only after damage occurred. The purpose of TSCA is to identify and control

chemicals that are a threat to the environment or human health (EH-41 Environmental Law

Summary...).

B. According to The Toxic Substances Control Act pamphlet, there are 4 ways to

ensure that the identification and control of dangerous chemicals is carried out. The first

way is to gather information on the different types of chemicals. When TSCA was passed,

very little was known about the different types of chemicals, and even how many there

were in the world. They had to first research the different types of chemicals, what

quantities were produced and where, what their byproducts were, who was exposed to

them, and what conditions that they were exposed in (U.S. EPA...). The second way to

identify and control toxic chemicals is that the industry must provide information on how

chemicals affect human health and the environment. The third way is to control chemicals

that pose unreasonable risks to health and the environment. If the risks of a chemical are

higher than its benefits, EPA can take a couple different actions to control that chemical.

They can regulate anywhere from labeling requirements, all the way to banning the

manufacture of the chemical. The fourth way to identify and control toxic chemicals is that

2

TSCA says that new chemicals are subject to a premanufacture review program before

being allowed into the U.S. marketplace. TSCA requires the chemical industry to notify

EPA before making or importing a new chemical into the U.S. for a commercial purpose

(U.S. EPA). In addition to the four ways to identify and control toxic chemicals, TSCA has

4 titles to go by. The first title (Title I, P.L. 94-469), is the Control of Toxic Substances.

This includes provisions for the following:

Testing chemical substances and mixtures

Manufacturing and processing notices

Regulating hazardous chemical substances and mixtures

Managing imminent hazards

Reporting and retaining information

The second title of TSCA (P.L. 99-519) is the Asbestos Hazard Emergency Response.

This title was added by the Asbestos Hazard Emergency Response Act on October 22,

1986. Title II authorizes EPA to amend its TSCA regulations to impose more requirements

on asbestos abatement in schools. This allows for the inspection for asbestos, appropriate

actions, and periodic re-inspection in schools. The third title (P.L. 100-551) is called Indoor

Radon Abatement. The purpose of this legislation is to assist states in responding to the

threat to human health posed by exposure to radon. EPA is required to publish a guide to

radon health risk, and to study the levels of radon in schools and federal buildings. Title IV

(P.L. 102-550) is called Lead Exposure Reduction. This legislation reduces environmental

lead contamination and prevent adverse health effects as a result of lead exposure. This

identifies lead-based paint hazards and establishing programs for monitoring lead

exposure levels (EH-41 Environmental Law Summary...).

C. The Toxic Substances Control Act affects many people in the world. It strongly

affects those manufacturers of chemicals. This is because TSCA makes those who

3

manufacture and process chemical substances and mixtures responsible for developing

data on their effect. TSCA also affects everyday people and their families. Since it came

into effect, we really don’t have to worry as much as we used to about the effects of toxic

substances and chemicals. TSCA affects many industries, manufacturers, EPA, DOL, etc.

EPA are the ones that check over the industries and manufacturers to see if they are

complying with the rules and titles of TSCA (Toxic Substances Control Act of 1986).

D. The administrator of TSCA includes the EPA, DOL, DOE.

E. First off, 15 U.S.C. 2601 et seq. is the United States Code for the Toxic Substances

Control Act. Some examples of regulations and standards of TSCA are listed below.

P.L. 94-469 - Toxic Substances Control Act (Title I)

P.L. 99-519 - Asbestos Hazard Emergency Response Act (Title II)

P.L. 100-551 - Radon Program Development Act (Title III)

19 CFR 12.118 - Customs Duties – regulates imported chemical substances

(Schierow).

F. References

EH-41 Environmental Law Summary: Toxic Substances Control Act. Online, Internet. 12

Sept. 2001, Available: http://tis.eh.doe.gov/oepa/law_sum/TSCA.HTM.

Schierow, Linda. Summaries of Environmental Laws Administered by the EPA: Toxic

Substances Control Act. Online, Internet. 12 Sept. 2001,

Available: http://www.cnie.org/nle/leg-8/k.html.

Toxic Substances Control Act of 1986 (TSCA). Online, Internet. 12 Sept. 2001,

Available: http://www.usbr.gov/laws/tsca.html.

4

U.S. EPA. The Toxic Substances Control Act: Protecting People and the Environment from

Dangerous Chemicals. Washington D.C.: Office of Toxic Substances.

U.S. Governmental Printing Office. Title 19-Customs Duties. Online, Internet. 11 Sept.

2001, Available: http://frwebgate6.a.../waisgate.cgi.