One major function of TSCA is the requirement that manufacturers, importers, and processors must evaluate risks or exposures of concerns for chemicals prior to putting them on the market. This evaluation requires compliance with when there is a potential for a chemical or hazardous substance to have a “significant new use” that could result in exposures to, or releases of, a substance of concern.
TSCA implements a number of restrictions and prohibitions regarding the manufacture, use, and disposal of PCBs in the United States. Because of their toxicity and their persistence in the environment, TSCA established a ban on manufacture, processing, distribution in commerce, use, disposal, storage, and marking of PCB-containing materials in 1979. Buildings constructed, renovated and/or repaired between 1950 and 1978 are likely to contain a variety of building materials containing PCBs, including caulking, mastics, paint, and fluorescent light ballasts. While there is currently no requirement for a building owner or property manager to conduct air or bulk sampling to determine if PCBs are present in, or released from, building materials, the TSCA regulations do require that materials which may contain PCBs must be characterized to ensure proper disposal. Materials containing concentrations of PCBs greater than 50 ppm are considered to PCB-contaminated. If PCB-contaminated building materials are identified within a building or in the surrounding soils, this is considered an unauthorized use of PCBs, and the material must be removed and disposed of.
TSCA also regulates asbestos through the Asbestos Hazard Emergency Response Act (AHERA) program (also called the Asbestos in Schools Program) which governs the management of asbestos in schools. AHERA was codified in EPA’s regulations under 40 CFR 763 in 1986. This regulation requires that all public and private schools, kindergarten through grade 12, perform inspections for asbestos and have a management plan to address the asbestos found. It also requires that all persons performing asbestos-related activities be trained, and for some (inspectors, management planners, project designers, abatement contractors, and abatement workers) be “accredited,” which means completing training courses that are approved under individual state accreditation programs. Amendments to the Act in 1990 under the Asbestos School Hazard Abatement Reauthorization Act (ASHARA) extended this accreditation requirement to asbestos inspections and abatement in public and commercial buildings. In addition to the accreditation requirements, some states also require licensing to perform inspections, abatement, or other asbestos-related activities.
It should be noted that asbestos is also regulated in the United States under OSHA’s General Industry Standards, OSHA’s Construction Standards, under EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP), the Clean Air Act, the Safe Drinking Water Act, CERCLA, the US Department of Transportation (DOT) hazardous materials regulations, and many state regulations.
TSCA also regulates lead-based paint. The Lead-based Paint Real Estate Notification and Disclosure Rule require sellers and lessors of pre-1978 housing to provide purchasers and lessees with a lead hazard information pamphlet and any lead hazard evaluation reports available to the seller or lessor. The US Department of Housing and Urban Development (HUD) shares compliance responsibilities with EPA for the Lead Disclosure Rule. The Lead-Based Paint Activities, Certification, and Training Rule (Abatement Rule) require individuals and firms performing lead abatement to be trained and certified by accredited training providers to give notice to EPA prior to the abatement work and to follow work practice standards. The Renovation, Repair, and Painting Rule (RRP Rule) require firms and workers performing renovations to be trained and certified by accredited training providers and to follow work practice standards.
TSCA Title IV allows states the flexibility to develop accreditation and certification programs and work practice standards for lead-related inspection, risk assessment, renovation, and abatement that are at least as protective as existing federal standards.