By the mid-1970s, it was becoming clear that chemicals used in industrial processes and other applications had the potential to pose a serious threat to humans and the environment. At that time, Congress was already taking steps to protect our nation's water and air and to regulate the management of solid and hazardous wastes. While these were crucial efforts, they left a void in environmental regulation -- no statute gave EPA the authority to regulate the manufacture, distribution, use, and disposal of chemical substances.

To fill this gap, Congress enacted the Toxic Substances Control Act (TSCA) in 1976. TSCA was designed to regulate chemicals that pose an unreasonable risk to human health and the environment. TSCA also ensures that information concerning the health effects of toxic chemicals is accessible to EPA and to the public.

Does TSCA Apply to Your Community?

Many people are under the mistaken impression that TSCA only applies to manufacturers and industrial facilities. While it is true that one of the primary functions of TSCA is to regulate chemical manufacturers, TSCA is actually comprised of 4 main titles, making the scope of TSCA regulation much broader than just industrial facilities. Your local government may be responsible for complying with many different TSCA regulations. For example, TSCA requires that you takes steps to eliminate lead-based paint hazards in your community schools. In addition, you may be required to comply with TSCA regulations for polychlorinated biphenyls (PCBs) and asbestos, especially if your community provides public housing facilities. Your local government must be aware of its obligations under each of the four TSCA titles, and must take all necessary steps to comply with those requirements.

Actions Your Community Should Be Taking

Your local government's obligations under TSCA will vary depending on the particular TSCA title in question. The four TSCA titles, and the types of activities they regulate, are as follows:

Title I: the Control of Toxic Substances -- Title I regulates the manufacture, processing, use, distribution in commerce, and disposal of chemical substances and mixtures. In addition, Title I establishes regulations concerning the use and disposal of PCBs. If your local government uses or disposes of PCB-containing equipment or substances, these regulations apply to you.

Title II: the Asbestos Hazard Emergency Response Act (AHERA) -- Under the authority of the AHERA, EPA created a model program designed to minimize the hazards of asbestos-containing materials in our nation's schools. If your local government operates a school, you must inspect it for asbestos-containing material. If asbestos is present, you must develop an asbestos management plan, and take all necessary steps to protect children attending that school from exposure to asbestos.

Title III: the Indoor Radon Abatement Act -- Title III seeks to reduce the threat of radon, a potential cause of lung cancer, from all types of buildings, including schools.

Title IV: the Lead-Based Paint Exposure Reduction Act -- Title IV requires you to reduce lead-based paint exposure in facilities owned or operated by your local government. For example, if you own or operate a school you must take special precautions to minimize the lead-based paint exposure of children attending that school.

EPA has developed special programs and guidance materials designed to help your community comply with the TSCA regulations. Contact EPA or your state toxics office for further assistance and information.

Additional Information

The TSCA regulations are published in Title 40 Code of Federal Regulations, Part 700.

For additional information, contact the Toxic Substances Control Act Hotline: Hours: 8:30 a.m. to 5:00 p.m. EST, Monday-Friday.
Telephone: 202/554-1404
202/554-0551 (TDD)
202/554-5603 (on-line service modem)