Toxic Substances Control Act (TSCA) and Federal Facilities
On this page
- Summary
- Federal Facility Responsibilities Under the TSCA
- Basics of Statute
- EPA Enforcement
- State Enforcement
- Tribal Enforcement
- Citizen Enforcement
- Policies and Guidance
Summary
Federal Facility Responsibilities Under the TSCA Include:
- Maintaining records required by EPA under TSCA
- Submitting reports, notices, or other information required by EPA under TSCA
- Permitting access to, or copying of, records required under TSCA
- Permitting entry or inspection of facilities required under TSCA
- Marking and labeling of certain polychlorinated biphenyls (PCBs) and PCB-containing equipment
- Properly storing, packaging, importing, and disposing of PCBs and PCB-containing equipment
- Preparing and maintaining annual document logs for facilities managing over 45 kilograms or 99.4 pounds of PCBs, one or more PCB transformers, or 50 or more PCB large high- or low- voltage capacitors
- Preparing and maintaining PCB disposal manifests, certificates of destruction, and exception reports
- Complying with minimum training standards for personnel engaged in asbestos abatement activities as established in EPA's Model Accreditation Plan
- Conducting lead-based paint abatement activities in most pre-1978 housing and "child-occupied facilities", such as child-care facilities and pre-schools, with properly trained and certified contractors in conformance with documented methodologies appropriate to lead-based paint activities
- Conducting renovation, repair and painting (RRP) activities at pre-1978 housing/pre-1978 child-occupied facilities using certified firms with personnel trained by EPA-approved training providers and using lead-safe work practices
- Measuring radon levels within buildings and mitigating unsafe exposure
- Providing disclosure at time of sale or lease of residential properties built before 1978
- Provide a lead hazard information pamphlet to the occupier of federally owned property prior to renovation
- Complying with minimum training standards for personnel engaged in asbestos abatement activities as established in EPA's Model Accreditation Plan
- Implementing the Asbestos Hazard Emergency Response Act (AHERA) requirements in schools operated by the Department of Defense, pursuant to §203(l) of AHERA
- Ensuring that K-12 schools owned/operated by U.S. Government meet AHERA compliance requirements (e.g., K-12 schools owned/operated by Bureau of Indian Affairs/Bureau of Indian Education/DOI)
- Conducting inventory and assessment of asbestos-containing material at facilities subject to AHERA, and
- Properly handling, storing, transporting, and disposing of asbestos-containing materials (Clean Air Act also mandates proper management of asbestos-containing materials under 40 C.F.R. 61.140 (40 C.F.R. 61, Subpart M), National Emission Standards for Hazardous Air Pollutants – Asbestos).
- Measuring radon levels within buildings and mitigating unsafe exposure
Basics of Statute
- Title I – Control of Toxic Substances
- Title II – Asbestos Hazard Emergency Response
- Title III – Indoor Radon Abatement
- Title IV – Lead Exposure Reduction
- Title V - Healthy High-Performance Schools
- Title VI - Formaldehyde Standards for Composite Wood Products
- Gather basic information on chemical risks from chemical manufacturers and processors
- Require companies to test chemicals and mixtures for toxic effects
- Review most new chemicals before they are manufactured
- Prevent unreasonable risks by regulating chemicals and mixtures, ranging from hazard warning labels to the outright ban on the manufacture, processing, distribution in commerce or use of certain chemicals and mixtures.
- PCBs: Congress singled out PCBs in 1976 by implementing a phased ban on the manufacture, processing, use and distribution in commerce of PCBs and requiring EPA to promulgate PCB disposal regulations.
- Asbestos: In 1986, Congress enacted the Asbestos Hazard Emergency Response Act (AHERA) and amended the act in 1990 to modify EPA’s school asbestos remediation program.
- Radon: Radon received special attention in 1988 when Congress set as a long-term national goal that indoor radon levels are not to exceed outside ambient levels.
- Lead: In 1992, Congress enacted TSCA Title IV to create a national program to achieve the national goal of eliminating lead-based paint hazards from housing as expeditiously as possible. In 2007, Congress enacted TSCA Title V, authorizing EPA to establish a state grant program to provide technical assistance on EPA environmental programs for schools and to implement school environmental health programs. Title V also requires EPA to develop guidance addressing, among other things, school siting.
- Formaldehyde: Title VI of TSCA, the Formaldehyde Standards for Composite Wood Products Act, establishes limits for formaldehyde emissions from composite wood products: hardwood plywood, medium-density fiberboard, and particleboard. EPA has been directed by Congress to promulgate final regulations implementing the Act by January 1, 2013.
- Mercury: Title I of TSCA also prohibits the sale, distribution, or transfer of elemental mercury by Federal agencies.
Application of TSCA to Federal Facilities
- use of or disposal of equipment containing PCBs,
- performing lead abatement and renovation activities and asbestos abatement surveys and activities, and
- managing locations with potentially significant radon levels.
Title I - Toxic Substances
§4: Testing of Chemical Substances and Mixtures - 15U.S.C. §2603
- The chemical or mixture involved may present an unreasonable risk of injury to health or the environment
- The chemical or mixture will be produced in substantial quantities and is expected to enter the environment in substantial quantities or to result in significant or substantial human exposure
- Insufficient data are available to reasonably predict the chemical’s or mixture's effects on health and the environment
- Testing is deemed necessary to obtain the needed data
§5: Manufacturing and Processing Notices – 15 U.S.C. §2604
§6(e): Polychlorinated Biphenyls – 15 U.S.C. §2605(e)
- Section 6(e) of TSCA prohibits the manufacture, processing, distribution in commerce, and use of PCBs, and requires the Administrator to control disposal.
- Section 6(e)(2) of TSCA provides that no person may manufacture, process, distribute in commerce or use any PCB in any manner other than in a totally enclosed manner. EPA can issue regulations to authorize a use that is not totally enclosed if EPA finds that it will pose no unreasonalbe risk of injury to human health or the environment.
- Section 6(e)(3) provides that no person may manufacture any PCB after January 1, 1979, or process or distribute in commerce any PCB after July 1, 1979, except to the extent that EPA specifically exempts such activities.
§6(f): Mercury - 15 U.S.C.§ 2605(f)
- Section 6(f) of TSCA prohibits the sale, distribution or distribution of elemental mercury by Federal agencies to any other Federal agency, any state or local government agency, or any private individual or entity except for the purpose of storage.
§8(a): Reports -115 U.S.C. §2607
§8(c): Records
§8(d): Health and Safety Studies
§8(e): Notice to Administrator of Substantial Risks
§8(f): Definitions
§11: Inspections and Subpoenas -15 U.S.C. §2610
§12(b): Exports in General – 15 U.S.C. §2611
§15: Prohibited Acts – 15 U.S.C. §2614
§22: National Defense Waiver -15 U.S.C. §2621
§26: Administration – 15 U.S.C. §2625
§28: State Programs – 15 U.S.C. §2627
Title II - Asbestos Hazard Emergency Response Act of 1986 (AHERA)
§202(7): 15 U.S.C. §2642, Definitions:
- Any local educational agency as defined in §198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. §3381)
- The owner of any private, nonprofit elementary or secondary school building
- The governing authority of any school operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. §921 et seq.)
§203: EPA Regulations -15 U.S.C. §2643
§206: Accreditation Requirements for Asbestos Activities in Public and Commercial Buildings -15 U.S.C. §2646
Title III - Indoor Radon Abatement
§309: Study of Radon in Federal Buildings – 15 U.S.C. §2669
Each Federal department or agency that owns Federal buildings shall conduct a study to determine the extent of radon contamination in such buildings.
Title IV - Lead Exposure Reduction
§401: Definitions – 15 U.S.C. §2681
40 C.F.R. §745.83
40 C.F.R. §745.223
§402(a): Lead-Based Paint Activities Training and Certification: Regulations -15 U.S.C. §2682(a)
§402(b):
§406(b): Lead Hazard Information Pamphlet: Renovation of Target Housing -15 U.S.C. §2686(b)
§408: Control of Lead-Based Paint Hazards at Federal Facilities -15 U.S.C. §2688
Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing
- Disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards
- Provide available records and reports
- Provide the purchaser or lessee with a lead hazard information pamphlet
- Provide purchasers a 10-day opportunity to conduct a risk assessment or inspection
- Attach specific disclosure and warning language to the sales or leasing contract before the purchaser or lessee is obligated under a contract to purchase or lease target housing
Title V – Reducing Risks in Schools Energy Independence and Security Act of 2007 - Subtitle E)
§501: Grants for healthy school environments
§502: Model guidelines for siting of school facilities
§503: Public outreach
§504: Environmental health program
- Lead from drinking water
- Lead from materials and products
- Asbestos
- Radon
- Elemental mercury releases from products and containers
EPA Enforcement
Notice of Non-Compliance (NON) or Notice of Violation (NOV)
Federal Facility Compliance Agreements
Criminal Enforcement
State Enforcement
Tribal Enforcement
Citizen Enforcement
- Section 4 (testing of chemical substances and mixtures)
- Section 5 (manufacturing and processing notices)
- Section 6 (regulation of hazardous chemical substances and mixtures)
- TSCA Subchapter II (Asbestos Hazard Emergency Response)
- TSCA Subchapter IV (Lead Exposure Reduction)