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Toxic Substances Control Act (TSCA) 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.
 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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