ABSTRACT
The toxic Substances Control Act is based on the concept that any chemical impacting any media that may present an unreasonable risk to health or the environment must be controlled.
Amended in 1986 by Asbestos Hazard Emergency ResponsAct (AHERA).
Findings by Congress:
Some chemical substances and mixtures may present an unreasonable risk to health or the environment.
Effective regulation of interstate commerce also necessitates regulation of intrastate commerce.
More than 60,000 chemical substances are presently manufactured or processed for commercial use, and 1,000 more are introduced each year.
Policy:
Adequate data, developed by the manufacturers, should be developed on effects of chemical substances on health and the environment.
Adequate authority should exist to regulate substances that present an unreasonable injury to health or then environment.
Authority should be exercised with caution.
Section 4, Testing of Chemical Substances and Mixtures:
Authorizes the EPA to require product testing of any substance that may present an unreasonable risk of injury to health or then environment.
Testing may be required by rule to develop data with respect to health or the environment where there is an insufficiency of data and experience to determine the unreasonable risk criterion.
An exemption may be granted when equivalent data are on hand and testing would be duplicative, however, fair and equitable reimbursement of the supplier of the initial testing data is required.
Section 5, Manufacturing and Processing Notices:
Manufacturers of a new chemical substance or of a significant new use of an existing chemical are required to provide the EPA with a pre-manufacture notification (PMN) 90 days prior to manufacture or importation. ThPMN must include the identify of the chemical, its molecular structure, proposed use, and estimate of amount to be manufactured, by-products, exposure estimates, and test data related to human health and environmental effects.
60If the EPA does not make a declaration to restrict the product, full marketing can begin, and the chemical is added to the existing chemicals inventory.
If the EPA determines that the product may present an unreasonable risk to human health or the environment, the EPA may issue an order to limit or prohibit manufacturer, import, processing, distribution in commerce, use, or disposal of the substance, pending development of test data needed to evaluate the potential hazard.
Section 6 Regulation of Hazardous Chemical Substances and Mixtures:
The EPA may ban, prohibit, or restrict the manufacture, processing, distribution in commerce, or use of chemicals or chemical substances when there is reason to believe that the manufacture, processing, distributing, use, or disposal of a chemical substance may cause an unreasonable risk or injury to health or the environment.
Actions that may be taken include:
To prohibit the manufacturing, processing, or distribution.
To limit that mount that may be manufactured, processed, or distributed.
To regulate the concentration for a particular use.
To require specific markings or warnings.
To require specific disposal requirements.
To provide that such actions be limited in application to specified geographic areas.
Polychlorinated biphenyls (PCBs) are are specifically addressed.
The EPA is required to prescribe methods for disposal.
PCBs are required to be marked with adequate warning.
Manufacturing, processing, distribution in commerce, or use prohibited except in a totally enclosed manner.
The EPA may authorize manufacturing, processing, distribution in commerce, or use with a finding that such will not present an unreasonable risk of injury to health or the environment.
Section 7, Imminent Hazards:
In the event of an imminent and unreasonable risk of serious or widespread injury to health or the environment, civil action in a U.S. District Court is authorized for seizure; notice of risk to the effected parties; or recall, replacement, or repurchase of a substance.
The imminent hazard provision is triggered if the hazard is likely to result before a final rule under Section 6 can protect against such risk.
The EPA is required to compile, keep current, and publish a list of each chemical substance that is manufactured or processed in thUnited States.
Pesticides, tobacco, nuclear materials, firearms and ammunition, food additives, drugs, and cosmetics are excluded from action under TSCA.
