Toxic Substances Control Act
| Please note that this page refers
to federal requirements. State and local regulations
may differ. |
Introduction
Over 75,000 different industrial chemicals are currently
being produced or imported into the U.S. The Toxic
Substances Control Act (TSCA) was enacted in 1976 to give EPA the authority
to control unreasonable risks associated with manufacturing and using those
chemicals. The law creates a regulatory framework that allows EPA to
collect data needed to assess the risks, to require special reporting or
testing requirement, or if necessary to ban the production or importation
of specific chemicals.
Healthcare facilities may be subject to TSCA through:
- Lead hazard
reduction regulations
- Polychlorinated
Biphenyls (PCB) hazard reduction regulations
- Asbestos
hazard reduction regulations
Hexavalent chromium compounds have
historically been used for water treatment
in industrial cooling towers. These compounds are also subject to TSCA
requirements. Phosphate based chemicals are available as a replacement.
It is important to note that pesticides
do not fall under TSCA, but under a separate act, the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). See the HERC
page on FIFRA for more information.
TSCA regulations for PCBs
PCBs, or "polychlorinated biphenyls", are organic
compounds that were in widespread use for many years in electrical equipment
(such as heavy-duty power transmission equipment), and in many plastic, rubber,
and paint formulations. Because of their toxicity and their persistence
in the environment, their production in the U.S. was phased out in the late
1970s. Concern over PCBs was
one of the reasons that TSCA was enacted.
The TSCA PCB regulations and
requirements apply to both PCB waste materials and PCBs still in use. Because
of potential harmful effects on human health and the environment, federal
law banned U.S. production of PCBs as of July 2, 1979. However, PCB-containing
materials may be present at facilities and PCB-laden wastes may be generated
during renovations.
Items with a PCB concentration
of 50 parts per million (ppm) or greater are regulated for disposal under 40
CFR Part 761. Some potential sources of PCBs include:
- Mineral-oil filled electrical equipment
such as motors or pumps manufactured prior to July 2, 1979
- Capacitors or transformers manufactured
prior to July 2, 1979
- Plastics, molded rubber parts, applied
dried paints, coatings or sealants, caulking, adhesives, paper, Galbestos,
sound-deadening materials, insulation, or felt or fabric products such as
gaskets manufactured prior to July 2, 1979
- Fluorescent light ballasts manufactured
prior to July 2, 1979
- Waste or debris from the demolition
of buildings and equipment manufactured, serviced, or coated with PCBs
- Waste containing PCBs from spills,
such as floors or walls contaminated by a leaking transformer
The general requirements for
handling PCB materials and equipment include: identifying and labeling the
material, notifying EPA, properly storing the material, and properly disposing
of the material.
TSCA regulations for asbestos
EPA and OSHA have promulgated
rules regulating asbestos production, use, and disposal. OSHA regulates private
sector and some public sector employees’ exposure to asbestos and specifies
work practices and engineering controls for removing and handling asbestos.
Along with EPA and OSHA, some states also have established asbestos requirements
that extend the federal requirements. Asbestos programs implemented under
TSCA include the following:
- Asbestos
Hazard Emergency Response Act (AHERA), which regulates asbestos contained
in schools and all public and commercial buildings including hospitals; requires
the development of management plans; specifies work practices and
engineering controls for removing and handling asbestos; and sets
emissions limitations in schools after an abatement activity is completed.
Common areas for inspections
Typical physical features to inspect for lead-based paint,
PCBs, and asbestos under TSCA:
- PCB storage areas
- Equipment, fluids, and other items
used or stored at the facility containing PCBs. PCBs are most likely to be
found in electrical equipment such as transformers, capacitors, and possibly
fluorescent light ballasts (in older fixtures)
- Pipe, spray-on, duct, and troweled
cementitious insulation and boiler lagging
- Ceiling and floor tiles
More
resources
TSCA
- EPA’s TSCA Assistance Information
Service, at (202) 554-1404 (e-mail: tscahotline@ epa.gov), answers questions
and distributes guidance pertaining to TSCA standards. The Service operates
from 8:30 a.m. through 5:00 p.m., EST, excluding federal holidays.
Lead
PCBs
Asbestos
- EPA operates the Asbestos Ombudsman
Clearinghouse/Hotline (800-368-5888, or (202-260-0490) to provide general
asbestos information.
- EPA’s main
Asbestos web page
|
|