Civil Enforcement

The Toxic Substances Control Act (TSCA) became law on October 11, 1976 and became effective on January 1, 1977, except Section 4 (f) which took effect two years later. The Asbestos Hazard Emergency Response Act (AHERA) was passed on October 22, 1986, which was added as Title II to TSCA. This amendment establishes asbestos abatement programs in schools. In October 1988, Congress added a third title to TSCA regulating radon, the Radon Reduction Act, and in October 1992, TSCA was amended to add Title IV: the Lead-Based Paint Exposure Reduction Act.

Chemicals have become a pervasive and enduring part of our environment. They are in our air, our water, and our soil. They are used in our manufacturing processes, and they are essential components for consumer and industrial goods. Prior to 1976, and the enactment of TSCA, there was no comprehensive statute that authorized control of untested chemicals for their potential health or environmental effects. In the mid-1970's, public concern was growing over ineffective regulation of risky chemicals such as kepone, vinyl chloride, mercury, PCBs and asbestos. TSCA was enacted by Congress in an effort to prevent unreasonable risks of injury to health or the environment associated with the manufacture, processing, distribution in commerce, use, or disposal of chemical substances. Congress was particularly concerned with preventing unreasonable risks to health and the environment before both the manufacture of chemicals and their entrance to the market. Therefore, much of the legislation includes requirements that apply early on in the life of a chemical, such as pre-market testing and notification. TSCA covers all organic and inorganic chemical substances and mixtures, both synthetic and naturally occurring, with the exception of food, food additives, drugs, cosmetics, nuclear materials, tobacco, and pesticides, which are all covered by other legislation.

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Since the enactment of TSCA, EPA has screened more than 70,000 new toxic chemicals before they were introduced into the stream of commerce. The most effective time to prevent unreasonable risks to public health and the environment is prior to first manufacture. The manufacturing of new chemical substances without providing EPA with its statutory 90-day period to review the chemical substances creates a risk of harm to health and the environment that Congress regarded as unacceptable. As a result of these pre-screening chemical reviews, more than 500 individual chemicals are subject to specific EPA administrative orders requiring workplace or manufacturing controls thereby protecting and improving health and the environment.

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