The Toxic Substances Control Act of 1976

ByMichelle Hoang Period 2 APES April 30, 2012The Toxic Substances Control Act of 1976The Toxic Substances Control Act of 1976 (TSCA)The Toxic Substances Control Act (TSCA) became law on October 11, 1976 to become effective on January 1, 1977. The Act authorized EPA to secure information on all new and existing chemical substances, as well as to control any of the substances that were determined to cause unreasonable risk to public health or the environment.

Amendment Years:October 22, 1986 (Asbestos Hazard Emergency Response)October 1988(Indoor Air Radon Abatement)October 1992(Lead Based Paint Exposure)

TSCA is law that must be followed by all states in the U.S. TSCA defines manufacture to include importation. Therefore, importers of chemical substances must meet all TSCA requirements that are relevant to manufacturers. TSCA exempts chemicals intended solely for export from the U.S. from many provisions of the Act (except recordkeeping and reporting requirements) unless the U.S Environmental Protection Agency (EPA) finds they present an unreasonable risk to health or the environment in the U.S. These exempted substances must be labeled "for export only. The United States has agreements with several countries, including Canada and Mexico, which provide for prior notification of shipment of wastes (both importing and exporting of wastes).

The Toxic Substances Control Act of 1976 (TSCA)The purpose of the TSCA is to secure and document information of all new and existing chemical substances and to regulate them to make sure they do not become a hazard to human health and the environment.

Asbestos became an environmental issue which resulted in an amendment to TSCA. This amendment established asbestos abatement programs in schools. AHERA provides for the promulgation of federal regulations requiring periodic asbestos inspections and reinspections and the necessary response actions in schools. It also requires the EPA Administrator to made determinations of the extent of danger to human health posed by asbestos in public and commercial buildings and the means to respond to the dangers.

Radon was addressed when Congress added another amendment under the TSCA regulating radon with the Radon Reduction Act (PL 100-551). This amendment was to assist states in responding to the human health threats posed by exposure to radon. EPA was required to publish an updated citizen's guide on the health risks of radon, and to perform studies of the radon levels in government buildings and schools.

Lead exposure that was potentially harmful to the environment was addressed when TSCA was again amended to add the Lead-Based Paint Exposure Reduction Act (PL 102-550). This legislation was to reduce environment exposure to lead contamination and prevent the adverse health effects caused by it. Exposure of children was the primary concern. Provisions of the Act included exposure studies, determination of lead levels in products, establishing state programs for monitoring and abatement, and training and certification requirements for lead abatement workers. Under TSCA, the effects on public health and environmental of all new chemicals had to be reviewed before they could be manufactured for commercial purposes.

The Toxic Substances Control Act of 1976 (TSCA)RegulationAlthough there are some provisions of TSCA which are self-implementing (no regulations are needed), the statute directed EPA to develop regulations for implementation of the TSCA program. Regulations allow EPA to deal with complex issues in greater detail than is possible in a statute. Regulations, which are also known as rules, are proposed by EPA in the Federal Register for public comment and then, if accepted, promulgated as final or put into effect as part of the regulatory requirements. They are published in the Code of Federal Regulations (C.F.R.) when they are finalized.

EnforcementEPA may issue a civil administrative complaint to any person or company who violates the Toxic Substances Control Act. The complaint may impose a civil penalty, including recovery of any economic benefit of non-compliance, and may also require correction of the violation. All manufacturers (importers), processors, distributors, and users of chemical substances in the United States may be subject to TSCA reporting, recordkeeping and testing requirements. Penalties for violations of TSCA may be up to $27,500 per violation (per day). EPA publishes the "Enforcement Alert" Newsletter, an informational publication, that is intended to inform and educate the public and regulated community about important environmental enforcement issues, recent trends, and significant enforcement actions. The information contained in each issue should help the regulated community anticipate and prevent violations of federal environmental laws and the applicable regulations that could otherwise lead to enforcement actions.Works Citedhttp://www.google.com/imgres?um=1&hl=en&sa=N&biw=1920&bih=942&tbm=isch&tbnid=5DCxox3ZqVngEM:&imgrefurl=http://www.biomon.com/tscafifra.html&docid=BnTUNOFMymD4bM&imgurl=http://www.biomon.com/graphics/tsca.GIF&w=325&h=330&ei=zF6fT_edOsjbiALtwonIAQ&zoom=1&iact=rc&dur=284&sig=105345808542978422464&page=1&tbnh=118&tbnw=115&start=0&ndsp=53&ved=1t:429,r:1,s:0,i:88&tx=43&ty=112http://www.epa.gov/lawsregs/laws/tsca.htmlhttp://www.bordercenter.org/chem/tsca.htmhttp://www.epa.gov/oecaerth/civil/tsca/tscaenfstatreq.html