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Toxic Substances Control Act (TSCA) Compliance Monitoring
To protect human health and the environment, EPA works with its federal, state, and tribal regulatory partners to assure compliance with statutes and regulations in the manufacture (including import), processing, distribution in commerce, use, or disposal of chemical substances. The major federal law governing chemical substances is the Toxic Substances Control Act (TSCA).
EPA’s Compliance Monitoring Strategy for the Toxic Substances Control Act provides guidance to EPA and authorized states with respect to administering and implementing the Agency’s national compliance program for TSCA.
EPA conducts compliance monitoring of regulated operations (facilities, activities, and entities) pursuant to TSCA in the following major program areas:
- New and Existing Chemicals Program
Compliance monitoring involves reviewing a facility’s compliance with the regulations that apply to operations that manufacture, import, export, distribute, use, process, and/or dispose of chemicals. EPA’s compliance monitoring strategy for the new and existing chemicals program can be found at Appendix B: New and Existing Chemicals Program within the TSCA Compliance Monitoring Strategy (CMS).
Relevant Rules Monitoring Responsibilities Subchapter I – New and Existing Chemicals, 40CFR, Parts 700-760, 762, 765-766 Federal
- Polychlorinated Biphenyls (PCBs)
Polychlorinated Biphenyls (PCBs) are regulated under TSCA Section 6(e) and related regulations found at 40 CFR Part 761. In 1979, PCBs were banned from manufacture in the United States. However, some products and equipment that used PCBs were allowed to continue to use them, such as electrical transformers, coatings and pigments. Compliance activities monitor:
- manufacture (including import), processing, distribution in commerce and use of PCBs
- storage or disposal of waste PCBs and PCB items (e.g., articles, containers, equipment), including the proper management of PCBs through prescribed or approved handling, marking, and storage and disposal methods; and clean-up of PCB spills
Compliance monitoring involves reviewing compliance with 40 CFR Part 761 by operations that have or use equipment or other items containing PCBs, such as transformers, capacitors, voltage regulators, hydraulic systems , small capacitors in fluorescent light ballasts, and caulking compounds. EPA’s compliance monitoring strategy for the PCB program can be found at Appendix C: PCB Program within the TSCA Compliance Monitoring Strategy (CMS).
Relevant Rules Monitoring Responsibilities Section 6(e) – PCB’s, 40CFR, Part 761 Federal and states that inspect on behalf of EPA
- Title II Asbestos Hazard Emergency Response Act (AHERA) Program (Asbestos in Schools Program)
The Title II Asbestos Hazard Emergency Response Act (AHERA) program (also called the Asbestos in Schools Program) governs the management of asbestos in Kindergarten through Grade 12 schools. The objective of AHERA compliance monitoring is to ensure regulatory compliance and, thereby, minimize the risk of exposure to asbestos in schools.
Compliance monitoring involves reviewing local education agencies’ management of asbestos under AHERA; state and local government employers’ compliance with the federal OSHA asbestos standard under the WPR; and the adequacy of state asbestos accreditation programs under the MAP. EPA’s compliance monitoring strategy for the Asbestos program can be found at Appendix D: Asbestos Program within the TSCA Compliance Monitoring Strategy (CMS).
Relevant Rules Monitoring Responsibilities Subchapter II – Asbestos, 40CFR, Part 763, see also 40CFR, Part 61 for NESHAP rules Federal and waiver/non-waiver states
- Lead-based Paint Program
EPA monitors compliance with three major Lead-based Paint Program regulations under TSCA Subchapter IV and Residential Lead-Based Paint Hazard Reduction Act of 1992 (enacted as Title X of the Housing and Community Development Act of 1992).
The Lead-based Paint Real Estate Notification and Disclosure Rule promulgated under Section 1018 of the Housing and Community Development Act of 1992 requires 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. Receipt must be acknowledged. The Department of Housing and Urban Development shares compliance responsibilities with EPA for the Lead Disclosure Rule.
The Lead-Based Paint Activities, Certification, and Training Rule (Abatement Rule) requires individuals and firms performing abatements 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. A lead abatement is intended to permanently eliminate lead-based paint.
The Renovation, Repair, and Painting Rule (RRP Rule) requires firms and workers performing renovations to be trained and certified by accredited training providers and to follow work practice standards. In addition, prior to starting a renovation the firm must provide a lead hazard information pamphlet to the owner and occupant of pre-1978 housing or child care facilities, and to parents and guardians of children under age six that attend a child care facility.
Compliance monitoring involves reviewing sellers’, landlords’ and property managers’ compliance with lead disclosure requirements; reviewing compliance with the requirements of the Abatement Rule by training providers, and by firms and individuals performing abatements; and reviewing compliance with the requirements of the RRP Rule by training providers, and by firms and individuals performing renovations. EPA’s compliance monitoring strategy for the Lead-based Paint Program can be found at Appendix E, F: Lead-based Lead Paint Program within the TSCA Compliance Monitoring Strategy (CMS).
Relevant Rules Monitoring Responsibilities Subchapter IV – Lead-based paint including joint monitoring responsibilities with HUD of the Residential Lead-Based Paint Hazard Reduction Act of 1992, Title X in the Housing and Community Development Act, 40CFR, Part 745 Federal and authorized states
The Formaldehyde Standards for Composite Wood Products Act added TSCA Subchapter VI to reduce emissions of formaldehyde from composite wood products by establishing formaldehyde emissions limits for domestic or imported hardwood plywood, particleboard, and medium-density fiberboard sold, supplied, offered for sale, or manufactured in the United States, whether in the form of an unfinished panel or incorporated into a finished good. EPA is in the process of developing regulations which include a third party certification (TPC) component, and implement statutory emission standards.
Relevant Rules Monitoring Responsibilities Subchapter VI – Formaldehyde, 40CFR, Part 770 (proposed rule) Federal, Third Party Certifications
The Good Laboratory Practices Standards assures the quality and integrity of test data submitted to EPA under TSCA.
EPA annually awards State and Tribal Assistance Grants (STAG) to support PCB, asbestos and lead-based paint compliance activities – see the Catalog of Federal Domestic Assistance (CFDA #66.701) for a description of these grants.