Under earlier laws EPA had authority to control toxic substances only after damage occurred. The earlier laws did not require the screening of toxic substances before they entered the marketplace. TSCA closed the gap in the earlier laws by requiring that the health and environmental effects of all new chemicals be reviewed before they are manufactured for commercial purposes.

TSCA has four titles as described below.

Title I - Control of Toxic Substances - includes provisions for testing chemical substances and mixtures; manufacturing and processing notices; regulating hazardous chemicals substances and mixtures; managing imminent hazards; and reporting and retaining information.

Title II - Asbestos Hazard Emergency Response - was added by the Asbestos Hazard Emergency Response Act (AHERA, Pub. L. 99-519), enacted by Congress on October 22, 1986. It authorizes EPA to amend its TSCA regulations to impose more requirements on asbestos abatement in schools. AHERA provides for the promulgation of federal regulations requiring inspection for asbestos and appropriate response actions in schools and mandates periodic reinspection. In addition, it requires the EPA Administrator to determine "the extent of the danger to human health posed by asbestos in public and commercial buildings and the means to respond to any such danger."

AHERA was amended in 1990 by the Asbestos School Hazard Abatement Reauthorization Act (ASHARA, Pub. L. 101-637) to require accreditation of persons who inspect for asbestos-containing material in school, public, and commercial buildings. It also mandates the accreditation of persons who design or conduct response actions with respect to friable asbestos-containing material in such buildings. It is important to note that public buildings are defined to include government-owned buildings (40 CFR 763, Appendix C to Subpart E - Asbestos Model Accreditation Plan).

Title III - Indoor Radon Abatement - was added on October 28, 1988 (Pub. L. 100-551). The purpose of this legislation was to assist states in responding to the threat to human health posed by exposure to radon. EPA is required to publish an updated citizen's guide to radon health risk, and to perform studies of the radon levels in schools and radon contamination in federal buildings.

• The practice of good laboratory standards for conducting studies relating to health effects, environmental effects, and chemical fate testing (Section 4).
   
• The regulation of certain chemicals such as polychlorinated biphenyls (PCBs) that may be used in DOE facilities or processes (Section 6).
   
• The maintenance of long-term records on adverse reactions to health and environment alleged to have been caused by a substance or mixture (Section 8).
   

TSCA's major impact on DOE occurs through its regulation of PCBs. In a guidance document entitled PCB Regulations and Their Application to Deactivation and Decommissioning Activities (April 1996), the RCRA/CERCLA Division of DOE's Office of Environmental Policy and Guidance (EH-413) provides the following information:

It is a common misconception that PCBs are only associated with electrical equipment such as transformers and capacitors. Although most of the PCBs are in electrical equipment, (e.g., switches/reclosers, light ballasts, small capacitors, and voltage regulators), a number of other common items also contain PCBs. Prior to 1976, PCBs were employed in numerous other uses because of their chemical properties. Heat transfer systems, electromagnets, metal cutting and shaping tools, ventilation gaskets, adhesives, and carbonless copy paper are examples of items that commonly contained PCBs. The Office of Environmental Policy and Guidance (EH- 41) has developed several guidance documents to assist the Department's Program Offices and Field Organizations in identifying PCB management issues and complying with the applicable regulations. These guidance documents include a series of Information Briefs on such topics as marking, storage, disposal, and recordkeeping/reporting. . . .

• Disposal Requirements for PCB Waste, EH-231-056/1294, December 1994 (30,080 bytes)
• The PCB Mark, EH-231-057/1294, December 1994 (59,147 bytes)
• PCB Recordkeeping and Reporting, EH-231-058/1294, December 1994 (21,880)
• PCB Spill Response and Notification Requirements, EH-231-059/1294, December 1994 (29,944 bytes)
• PCB Storage Requirements, EH-231-060/1294, December 1994 (24,994 bytes)

A comprehensive guidance document entitled Guidance on the Management of Polychlorinated Biphenyls (DOE/EH-0350, November 1993) is also available.

The TSCA program is run by EPA and is not delegated to any state agency.

Regulations implementing TSCA are found in Title 40 of the CFR, Chapter I, Subchapter R. Parts 717, 761, and 792 of Subchapter R contain regulations important to DOE.