Civil Enforcement

• The Statute
• TSCA Regulations
• TSCA Enforcement
• Import-Export Program
• Other Federal Laws and Regulations Relating to Toxic Substances Control
• State Laws and Regulations Relating to Toxic Substances Control

The Statute

The Toxic Substances Control Act (TSCA) became law on October 11, 1976 to became effective on January 1, 1977, except Section 4 (f) which took effect two years later. 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. Congress later added additional titles to the Act, with this original part designated at Title I - Control of Hazardous Substances. Further information on the titles is as follows:

Title I - Control of Toxic Substances: This title includes provisions for testing of existing chemical substances and mixtures, regulation of hazardous chemical substances and mixtures, manufacture and processing notices, in addition to managing imminent hazards and reporting and recordkeeping requirements.

Title II - Asbestos Hazard Emergency Response: This was added by the Asbestos Hazard Emergency Response Act (AHERA) (P.L. 99-519), passed on October 22, 1986. 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. AHERA was later amended by the Asbestos School Hazard Abatement Reauthorization Act (ASHARA) (P.L. 101-637) in 1990. Under this amendment, accreditation requirements were added for persons conducting asbestos inspections and abatement activities in schools, commercial buildings and public buildings.

Title III - Indoor Air Radon Abatement: In October 1988, Congress added a third title to 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.

Title IV - Lead Based Paint Exposure: In October 1992, 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.It should be noted that under earlier statutes, EPA had the authority to control toxic substances only if damage was caused. 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 (TSCA) of 1976; 15 U.S.C. s/s 2601 et seq. (1976)
TSCA summary | TSCA full text

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TSCA Regulations

Although there are some provisions of TSCA which are self-implementing (that is, 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. The current regulations for TSCA are found at the following locations:

Title I -- Control of Toxic Substances (40 C.F.R. Parts 700-766)
Title II -- Asbestos Hazard Emergency Response (40 C.F.R. Part 763)
Title III -- Indoor Radon Abatement (40 C.F.R. Part 195)
Title IV -- Lead Exposure Reduction (40 C.F.R. Part 745)

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TSCA Enforcement

EPA may issue a civil administrative compliant 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.

• Who must comply with the Toxic Substances Control Act?

All manufacturers (importers), processors, distributors, and users of chemical substances in the United States may be subject to TSCA reporting, recordkeeping and testing requirements. TSCA primarily falls under SIC Codes 20-39 (Manufacturing). Typical types of Industry and sectors covered under TSCA, include companies that are engaged in chemical production and importation, petroleum refining, paper production, and micro-electronics manufacturing.Sectors include: organics, inorganics, plastics, and chemical preparations.

• What are the penalties for noncompliance? 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. Past issues of Enforcement Alerts have highlighted such EPCRA enforcement concerns as:

"EPA Promotes Corporate-Wide Audits Through Voluntary Agreements" (PDF) (August 1999) EPA 300-N-99-007 (2 pp, 27KB About PDF)

Complete Listing of Enforcement Alerts

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Import-Export Program

The Import-Export Program (IEP) controls international trade in hazardous waste for the United States. The United States has agreements with serveral countries, including Canada and Mexico, which provide for prior notification of shipment of wastes (both importing and exporting of wastes).

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Other Federal Laws and Regulations Relating to Toxic Substances

Pollution Prevention Act of 1990 (PPA) Congress passed the Pollution Prevention Act in November 1990. The purpose of the Act is to prevent or reduce pollution at its source whenever feasible, recognizing that all pollutants cannot be recycled or disposed of in an environmentally sound manner so as to prevent releases into the environment. EPA was tasked with assisting industry realize source reduction opportunities, providing information and assistance with implementing appropriate technologies. (Additional Information on Pollution Prevention)

Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)
The Emergency Planning and Community Right to Know Act (EPCRA) was enacted by Congress on October 17, 1986, to protect of the public from chemical emergencies and dangers. It provides for emergency planning, notification, and reporting by facilities that store, manufacture, process, or otherwise hand chemical substances in quantities that are above threshold reportable quantities. The statute call for disclosure of information to the public so that entities can plan for and respond to chemical emergencies. EPCRA was enacted as as a stand-alone provision,Title III, in the Superfund Amendments and Reauthorization Act of 1986 (SARA). (EPCRA Enforcement Information)

Resource Conservation and Recovery Act of 1976 (RCRA)
The Resource Conservation and Recovery Act of 1976 (RCRA) (PL 94-580) consists collectively of the Solid Waste Disposal Act of 1965 (SWDA) and the subsequent amendments to it. It places controls on the generation, transportation, treatment, storage, and disposal of hazardous waste, as well establishing a framework for the management of non-hazardous waste. It sets forth statutory authorities and the liability for owners and operators of facilities that fail to comply with the statutory and regulatory requirements. (RCRA Enforcement Information)

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), also known as "Superfund"
This law was enacted to address the problems of hazardous waste (including hazardous substances) found at inactive or abandoned sites and facilities or problems resulting from spills that require emergency response. Releases of "extremely hazardous substances" at inactive and/or abandoned sites and facilities are regulated by CERCLA. In addition, CERCLA Section 103 addresses the reporting of releases of hazardous substances. (Superfund Enforcement Information)

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State Laws and Regulations Relating to Toxic Substances

States are preempted under TSCA from issuing TSCA enforcement cases unless they have TSCA look alike laws. Currently no state has implemented legislative authority to take TSCA enforcement actions.

You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.

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Other Information Sources

EPA Toxics Information (Office of Prevention, Pesticides and Toxic Substances (OPPT))
EPA TSCA Section 8(e) Health Studies
EPA Lead (Pb) Programs
National Lead Information Center Hotline (800) 424-LEAD [5323]
Compliance Assistance Centers for the Chemical Manufacturing Industry Sector
EPA's PCB Home Page
EPA's Asbestos Home Page
Asbestos and Lead Programs Hotline (800) 462-6706/
email: vista@crosslink.net
Asbestos Ombudsman Clearinghouse Hotline (800) 368-5888
TSCA Assistance Information Service (202) 554-1404 / TDD (202) 554-0551/email: tsca-hotline@epa.gov

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