Toxic Substance Control Act

15 USC 2601 et seq.; P.L. 94-469; 90 Stat. 2003; October 11, 1976

Historical Context:

TSCA was enacted in 1976, at a time when there was growing concern about the health and environmental effects of toxic chemicals. The 1960s and 1970s saw the emergence of the environmental movement and a growing awareness of the dangers of pollution and toxic substances. Several high-profile incidents, such as the Love Canal disaster in New York and the release of the pesticide DDT, had a significant impact on public opinion and led to calls for greater regulation of chemicals.

In addition, the United States was experiencing significant industrial growth, which resulted in the increased production and use of chemicals. There was growing concern that many of these chemicals were not adequately tested for their safety and that they could pose a risk to human health and the environment.

Regulatory Structure:

TSCA is administered by the EPA, which is responsible for implementing and enforcing the law. The EPA has the authority to regulate the manufacture, processing, distribution, use, and disposal of chemicals. Under TSCA, the EPA can require companies to conduct testing to determine the safety of chemicals and to submit information on their potential health and environmental effects.

TSCA also establishes a process for the EPA to review new chemicals before they are introduced into commerce. The EPA can require additional testing or impose restrictions on the use of a chemical if it determines that it poses a risk to human health or the environment.

Overall, TSCA provides a regulatory framework for the safe production, use, and disposal of chemicals in the United States. While it has undergone several amendments over the years, its goal remains the same: to protect human health and the environment from the potential risks posed by toxic substances.

Major Amendments to the Toxic Substance Control Act:

The Toxic Substance Control Act (TSCA) is a United States law enacted in 1976 to regulate the production, use, and disposal of toxic substances. Since its enactment, the law has undergone several amendments, including:

  1. The 1986 Asbestos Hazard Emergency Response Act (AHERA) (October 22, 1986 P.L. 99-519): AHERA amended TSCA (Title II) to require schools to inspect for asbestos-containing materials and develop plans to manage their removal or encapsulation.

  2. The 1988 Lead Contamination Control Act (LCCA) (November 18, 1988, P.L. 100-695): LCCA amended TSCA (Title IV) to ban lead in consumer products, including toys and other items intended for children.

  3. The 1990 Pollution Prevention Act (PPA) (October 23, 1990, P.L. 101-508): PPA amended TSCA to require companies to report on their waste reduction efforts and to promote pollution prevention.

  4. The Asbestos School Hazard Abatement Reauthorization Act of 1990 (ASHARA) (November 28, 1990, P.L. 101-637): ASHARA amends TSCA to require the Environmental Protection Agency (EPA) to promulgate regulations for asbestos-containing material in schools. The Act requires local education agencies to inspect their school buildings for asbestos-containing material, prepare management plans for any identified asbestos-containing material, and carry out appropriate response actions to control asbestos hazards. ASHARA also provides grants to local education agencies for the purpose of carrying out asbestos inspections, management plans, and response actions. Additionally, the act requires the EPA to establish an accreditation program for individuals and organizations conducting asbestos inspections, and to establish a public registry of accredited asbestos inspectors.

  5. The Indoor Radon Abatement Act (October 28, 988, P.L. 100-551): The Indoor Radon Abatement Act amended TSCA (Title III) in response to growing concerns about the health risks associated with exposure to indoor radon, a naturally occurring radioactive gas that is the second leading cause of lung cancer in the United States after cigarette smoking. This law authorized the Environmental Protection Agency (EPA) to establish a program to identify and reduce radon levels in indoor air, and it has been instrumental in raising public awareness about the risks of indoor radon and promoting the use of testing and mitigation measures to reduce exposure.

  6. The Housing and Community Development Act of 1992 also known as the Lead-Based Paint Exposure Reduction Act (October 28, 1992, P.L. 102-550): The Housing and Community Development Act of 1992, also known as the Lead-Based Paint Exposure Reduction Act, amended TSCA (Title IV) to address the hazards associated with lead-based paint in residential properties. Specifically, the Act requires that the Environmental Protection Agency (EPA) issue regulations for the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most residential properties built before 1978. It also requires that the EPA establish procedures for the certification of individuals and firms engaged in lead-based paint activities, such as inspections, risk assessments, and abatement.

  7. The Mercury Export Ban Act (MEBA) of 2008 (October 14, 2008, P.L. 110-414, 122): MEBA is a law that was enacted to prohibit the export of elemental mercury from the United States, with some limited exceptions. MEBA amends TSCA to include a provision that requires the Environmental Protection Agency (EPA) to designate mercury as a "persistent, bioaccumulative, and toxic" (PBT) chemical. This designation triggers additional regulatory requirements under TSCA, such as reporting and recordkeeping requirements.

  8. The Formaldehyde Standards for Composite Wood Products Act (FSCWPA) (July 7, 2010, P.L. 114-113): FSCWPA amends TSCA (Title VI) to establish formaldehyde emission standards for composite wood products, which includes hardwood plywood, medium-density fiberboard, and particleboard. The FSCWPA sets limits on the amount of formaldehyde that can be emitted from these products, aiming to protect the public from potential health risks associated with exposure to high levels of formaldehyde. The Act also requires manufacturers to label their products as compliant with the new standards.

  9. The 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (June 22, 2016, P.L. 114-182 aka Lautenberg Chemical Safety Act [LCSA]): This is the most significant amendment to TSCA to date. It requires the Environmental Protection Agency (EPA) to evaluate the safety of all chemicals in commerce and to prioritize those that may pose a risk to human health or the environment. It also gives the EPA new authority to require testing and to regulate the use of chemicals that pose a risk.