Order Code RL31905
CRS Report for Congress
Received through the CRS Web
The Toxic Substances Control Act:
A Summary of the Act and Its Major Requirements
Updated December 1, 2004
Linda-Jo Schierow
Specialist in Environmental Policy
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

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The Toxic Substances Control Act:
A Summary of the Act and Its Major Requirements
Summary
This report summarizes the Toxic Substances Control Act (TSCA) and the
major regulatory programs dealing with chemical production and distribution in U.S.
commerce. The text is excerpted, with minor modifications, from the corresponding
chapter of CRS Report RL30798, Environmental Laws: Summaries of Statutes
Administered by the Environmental Protection Agency, coordinated by Susan
Fletcher, which summarizes more than a dozen environmental statutes.
The President’s Council on Environmental Quality proposed comprehensive
federal legislation in 1971 to identify and control potentially dangerous chemicals in
U.S. commerce that were not adequately regulated under other environmental
statutes. President Ford signed TSCA into law on October 11, 1976. Subsequently,
three titles have been added to address concerns about specific toxic substances —
asbestos in 1986 (Title II, P.L. 99-519), radon in 1988 (Title III, P.L. 100-551), and
lead in 1992 (Title IV, P.L. 102-550).
TSCA authorizes EPA to screen existing and new chemicals in U.S. commerce
in order to identify potentially dangerous products or uses that should be subject to
federal control. The Act authorizes EPA to gather and disseminate information
about production, use, and possible adverse effects to human health and the
environment of existing chemicals, and to issue “test rules” that require
manufacturers and processors of potentially dangerous chemicals to conduct and
report the results of scientific studies to fill information gaps. Because there were
more than 55,000 chemicals in commerce at the time EPA was to begin developing
test rules, Congress established an interagency committee to help EPA determine
which of these existing chemicals should be considered first and to coordinate testing
needs and efforts among government agencies. For chemicals new to U.S.
commerce, TSCA requires pre-market screening and regulatory tracking of new
chemical products.
If EPA identifies unreasonable risks associated with existing or new chemicals,
TSCA requires the Agency to initiate rulemaking to reduce risks to a reasonable
level. EPA may regulate the manufacture, importation, processing, distribution, use,
and/or disposal of chemicals. TSCA provides a variety of regulatory tools to EPA,
ranging in severity from a total ban on production, import, and use to a requirement
that a product must bear a warning label at the point of sale. However, TSCA directs
EPA to use the least burdensome option that can reduce risk to a level that is
reasonable, given the benefits provided by the chemical product or process.
Title I of the originally enacted statute establishes the core program and directs
EPA to control risks from polychlorinated biphenyls (PCBs). Title II directs EPA to
set standards for asbestos mitigation in schools and requires asbestos contractors to
be trained and certified. Title III directs EPA to provide technical assistance to states
that choose to support radon monitoring and control. Title IV provides similar
assistance with respect to abatement of lead-based paint hazards. This report will be
updated if significant amendments to TSCA are enacted.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Title I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Testing of Chemicals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Pre-manufacture Notification for New Chemicals or Uses . . . . . . . . . . 4
Regulatory Controls for Hazardous Chemicals . . . . . . . . . . . . . . . . . . . 4
Information Gathering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Imminent Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Relation to Other Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Enforcement and Judicial Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Confidential Business Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Chemical Categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Other Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Title II (Asbestos in Buildings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Title III (Radon Programs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Title IV (Lead Exposure Reduction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Selected References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
List of Tables
Table 1. Toxic Substances Control Act and Major Amendments . . . . . . . . . . . . . 2
Table 2. Major U.S. Code Sections, Toxic Substances Control Act . . . . . . . . . . 11

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The Toxic Substances Control Act:
A Summary of the Act and
Its Major Requirements
Introduction
The Environmental Protection Agency (EPA) is responsible for identifying and
regulating toxic substances in U.S. commerce under the authority of the Toxic
Substances Control Act (TSCA). This report defines key terms, provides a brief
history of toxic substances control law, and describes key provisions of TSCA. In
addition, this report lists several references for more detailed information about the
Act and provides a table that cross references sections of the U.S. Code with
corresponding sections of the Act. The report is descriptive rather than analytic,
highlights key provisions rather than providing a comprehensive inventory of the
Act’s numerous sections, and addresses authorities and limitations imposed by
statute, rather than the status of EPA implementation or other policy issues. Other
CRS products address current issues related to the production and use of toxic
chemicals, including CRS Report RL32150, International Agreements on Persistent
Organic Pollutants (POPs): Background and Issues for Congress, CRS Report
RL31267, Environmental Exposure to Endocrine Disruptors: What Are the Human
Health Risks?, and CRS Report RL31530, Chemical Plant Security, all by Linda-Jo
Schierow.
Overview
The Toxic Substances Control Act (TSCA, 15 U.S.C. 2601 et seq.) authorizes
the EPA to screen existing and new chemicals used in manufacturing and commerce
to identify potentially dangerous products or uses that should be subject to federal
control. As enacted, TSCA also included a provision requiring EPA to take specific
measures to control the risks from polychlorinated biphenyls (PCBs) [Section 6(e)].
Subsequently, three titles have been added to address concerns about other specific
toxic substances — asbestos in 1986 (Title II, P.L. 99-519), radon in 1988 (Title III,
P.L. 100-551), and lead in 1992 (Title IV, P.L. 102-550).
EPA may require manufacturers and processors of chemicals to conduct and
report the results of tests to determine the effects of potentially dangerous chemicals
on living things. Based on test results and other information, EPA may regulate the
manufacture, importation, processing, distribution, use, and/or disposal of any
chemical that presents an unreasonable risk of injury to human health or the
environment. A variety of regulatory tools is available to EPA under TSCA, ranging
in severity from a total ban on production, import, and use to a requirement that a
product bears a warning label at the point of sale. TSCA directs EPA to use the least

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burdensome option that can reduce risk to a level that is reasonable, given the
benefits provided by the chemical product or process.
Table 1. Toxic Substances Control Act and Major Amendments
(codified as 15 U.S.C. 2601-2671)
Year
Act
Public Law Number
1976
Toxic Substances Control Act
P.L. 94-469
1986
Asbestos Hazard Emergency Response Act
P.L. 99-519
1988
Radon Program Development Act
P.L. 100-551
1990
Radon Measurement
P.L. 101-508,
§ 10202
1990
Asbestos School Hazard Abatement
Reauthorization Act
P.L. 101-637
1992
Residential Lead-Based Paint Hazard
Reduction Act of 1992
P.L. 102-550
Federal legislation to control toxic substances was originally proposed in 1971
by the President’s Council on Environmental Quality. Its report, “Toxic Substances,”
defined a need for comprehensive legislation to identify and control chemicals whose
manufacture, processing, distribution, use, and/or disposal was potentially dangerous
and not adequately regulated under other environmental statutes. The House and
Senate each passed bills in both the 92nd and 93rd Congresses (in 1972 and 1973,
respectively), but controversies over the scope of chemical screening prior to
commercial production and distribution, costs, and the relationship to other
regulatory laws stalled final action. Episodes of environmental contamination —
including contamination of the Hudson River and other waterways by PCBs, the
threat of stratospheric ozone depletion from chlorofluorocarbon (CFC) emissions,
and contamination of agricultural produce by polybrominated biphenyls (PBBs) in
the state of Michigan — together with more exact estimates of the costs of imposing
toxic substances controls, opened the way for final passage of the legislation.
President Ford signed the TSCA into law on October 11, 1976.
TSCA (Title I) directs EPA to:
! require manufacturers and processors to conduct tests for existing
chemicals if (1) their manufacture, distribution, processing, use, or
disposal may present an unreasonable risk of injury to health or the
environment; or they are to be produced in substantial quantities and
the potential for environmental release or human exposure is
substantial or significant, (2) existing data are insufficient to predict
the effects of human exposure and environmental releases, and (3)
testing is necessary to develop such data (Section 4);
! prevent future risks through pre-market screening and regulatory
tracking of new chemical products (Section 5);
! control unreasonable risks already known, or as they are discovered
for existing chemicals (Section 6); and

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! gather and disseminate information about chemical production, use,
and possible adverse effects to human health and the environment
(Section 8).
Authorization for appropriations for these activities and a state grant program for
control of toxic substances in the environment expired on September 30, 1983,
although appropriations for these programs have continued.
Title I
Testing of Chemicals. Many chemicals, even some in widespread use, are
not well characterized in terms of their potential health and environmental effects.
One of the major goals of TSCA was to induce the development of test data by
producers (i.e., manufacturers, importers, and processors) of chemicals in commerce.
Section 4 of TSCA directs EPA to require the development of test data on existing
chemicals when certain conditions prevail: 1) the manufacture, processing, distri-
bution, use, or disposal of the chemical “may present an unreasonable risk,” or 2) the
chemical is produced in very large volume and there is a potential for a substantial
quantity to be released into the environment or for substantial or significant human
exposure. Under either condition, EPA must issue a rule requiring tests if: a)
existing data are insufficient to resolve the question of safety, and b) testing is
necessary to develop the data.
Because there were more than 55,000 chemicals in commerce at the time EPA
was to begin developing test rules, Congress established a special interagency
committee to help EPA determine which chemicals should be considered first, and
to coordinate testing needs and efforts among government agencies. At least every
six months the Interagency Testing Committee (ITC) must consider candidate
chemicals for inclusion on a list of substances that the ITC recommends to EPA for
development and promulgation of test rules. TSCA directs the ITC to “designate”
a subset of chemicals on the list for EPA action within 12 months. The list can
contain no more than 50 “designated” chemicals at any time. When a chemical is
designated, EPA has one year to respond by issuing a proposed test rule or a notice
explaining why no testing is needed.
TSCA requires the ITC to consider the following factors when it makes listing
decisions: (1) quantity of the substance to be manufactured, (2) quantity of the
chemical in environmental releases, (3) number of people who will be exposed
occupationally and the duration of exposure, (4) extent of non-occupational human
exposure, (5) similarity of the chemical to any other chemical known to present an
unreasonable risk, (6) existence of data concerning environmental or health effects
of the chemical, (7) the quantity of information to be gained by testing, and (8) the
availability of facilities and personnel for performing testing. Chemicals known or
suspected to cause or contribute to cancer, gene mutations, or birth defects are to be
assigned a higher priority. In response to information that indicates “there may be
a reasonable basis to conclude that a chemical ... presents or will present a significant
risk of serious or widespread harm to human beings from cancer, gene mutations, or
birth defects,” TSCA requires EPA action to prevent or reduce that risk or
publication of a finding that the risk is not unreasonable.

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Pre-manufacture Notification for New Chemicals or Uses. TSCA
(Section 5) requires manufacturers, importers, and processors to notify EPA at least
90 days prior to producing or otherwise introducing a new chemical product into the
United States. Any information or test data that is known to, reasonably ascertainable
by, or in possession of the notifier, and that might be useful to EPA in evaluating the
chemical’s potential adverse effects on human health or the environment, must be
submitted to EPA at the same time. TSCA also requires EPA to be notified when
there are plans to produce, process, or use an existing chemical in a way that differs
significantly from previously permitted uses, so that EPA may determine whether the
new use poses a greater risk of human or environmental exposure or effects than the
former use. EPA has 45 days after notification (or up to 90 days if it extends the
period for good cause) to evaluate the potential risk posed by the chemical. If EPA
determines that there is a reasonable basis to conclude that the substance presents or
will present an unreasonable risk, the Administrator must promulgate requirements
to protect adequately against such risk. Alternatively, EPA may determine that the
proposed activity related to a chemical does not present an unreasonable risk; this
decision may be based on the available data, or, when no data exist to document the
effects of exposure, on what is known about the effects of chemicals in commerce
with similar chemical structures and used in similar ways. The purpose of EPA’s
screening procedure is to identify potential hazards, and control them before use of
a chemical becomes widespread. If data are inadequate to make an informed
judgment and 1) manufacture, processing, distribution in commerce, use, or disposal
may present an unreasonable risk, or 2) a chemical is to be produced in substantial
quantities, and the potential for environmental release or human exposure is
substantial or significant, EPA may issue a proposed order to prohibit or limit such
activities until sufficient data are submitted.
Although the legislative history of TSCA includes a presumption that testing of
new products would take place before they were widely used, either as the chemical
was developed, or as its markets grew, TSCA also forbids promulgation of blanket
testing requirements for all new chemicals. This reflects concern that uniform testing
requirements might stifle innovation in the chemical industry. Thus, EPA must
decide which chemicals, or which categories of chemicals, warrant the costs of pre-
market testing. EPA reviews approximately 1,500 new chemical manufacturing
notices annually.
Regulatory Controls for Hazardous Chemicals. TSCA requires EPA
to regulate manufacturing, processing, distribution in commerce, use, or disposal of
a chemical if it will present an unreasonable risk of injury to health or the
environment, and the risk cannot be reduced to a sufficient degree under another
federal law administered by EPA. The alternative means available to EPA for
controlling chemical hazards that present unreasonable risks are specified in Section
6 of TSCA. EPA has the authority to:
! prohibit or limit the amount of production or distribution of a
substance in commerce;
! prohibit or limit the production or distribution of a substance for a
particular use;
! limit the volume or concentration of the chemical produced;
! prohibit or regulate the manner or method of commercial use;

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! require warning labels and/or instructions on containers or products;
! require notification of the risk of injury to distributors and, to the
extent possible, consumers;
! require record-keeping by producers;
! specify disposal methods; and
! require replacement or repurchase of products already distributed.
EPA also may impose any of these requirements in combination or for a specific
geographical region. However, EPA is required by TSCA to regulate only “to the
extent necessary to protect adequately” against a risk, and to use the “least
burdensome” regulatory approach, even in controlling unreasonable risks.
Information Gathering. Section 8 of TSCA requires EPA to develop and
maintain an inventory of all chemicals, or categories of chemicals, manufactured or
processed in the United States. The first version of this inventory identified
approximately 55,000 chemicals in commerce in 1979. All chemicals not on the
inventory are, by definition, “new” and subject to the notification provisions of
Section 5. These chemicals must be added to the inventory if they enter commerce.
Chemicals need not be listed if they are only produced in very small quantities for
purposes of experimentation or research.
To aid EPA in its duties under TSCA, the Agency was granted considerable
authority to collect information from industries. EPA may require maintenance of
records and reporting of: chemical identities, names, and molecular structures;
categories of use; amounts manufactured and processed for each category of use;
descriptions of byproducts resulting from manufacture, processing, use, and disposal;
environmental and health effects; number of individuals exposed; number of
employees exposed and the duration of exposure; and manner or method of chemical
disposal. In addition, manufacturers, processors, and distributors of chemicals must
maintain records of significant adverse reactions to health or the environment alleged
to have been caused by the substance or mixture. Records of adverse effects on the
health of employees shall be retained for 30 years from the date of reporting.
Industry also must submit lists and copies of health and safety studies. Studies
showing adverse effects previously unknown must be submitted to EPA as soon as
they are completed or discovered.
Imminent Hazards. Section 7 provides EPA authority to take emergency
action through the district courts to control a chemical substance or mixture which
presents an imminent and unreasonable risk of serious widespread injury to health
or the environment.
Relation to Other Laws. Section 9 allows EPA to refer cases of chemical
risk to other federal agencies with the authority to prevent or reduce the risk. For
statutes under EPA’s jurisdiction, TSCA gives the Administrator discretion to decide
if a risk can best be handled under the authority of TSCA.
Enforcement and Judicial Review. Section 11 authorizes EPA to inspect
any facilities subject to TSCA requirements and to issue subpoenas requiring
attendance and testimony of witnesses, production of reports and documents, answers

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to questions and other necessary information. Section 13 mandates TSCA
enforcement at the national borders by the Treasury Department.
Section 15 identifies acts prohibited under TSCA, while Section 16 describes
penalties for acts violating these prohibitions, as well as recourse available to anyone
accused of such violations. Section 16 authorizes civil penalties, not to exceed
$25,000 per violation per day, and affords the defendant an opportunity to request a
hearing before an order is issued and to petition for judicial review of an order after
it is issued. Criminal penalties also are authorized for willful violations. Section 17
provides jurisdiction to U.S. district courts in civil actions to enforce TSCA Section
15 by restraining or compelling actions that violate or comply with it, respectively.
Chemicals may be seized and condemned if their manufacture, processing, or
distribution violated the Act.
Section 19 authorizes any person to file a petition for judicial review of
specified rules within 60 days of issuance under TSCA. The court is directed to set
aside specified rules if they are not supported by substantial evidence in the
rulemaking record taken as a whole.
Section 20 authorizes civil suits by any person against any person in violation
of the Act. It also authorizes suits against EPA to compel performance of
nondiscretionary actions under TSCA. Section 21 provides the public with the right
to petition for the issuance, amendment, or repeal of a rule requiring toxicity testing
of a chemical, regulation of the chemical, or reporting.
Confidential Business Information. Section 14 provides broad protection
of proprietary confidential information about chemicals in commerce. Disclosure by
EPA employees of such information generally is not permitted, except to other
federal employees, or when necessary to protect health or the environment. Data
from health and safety studies of chemicals is not protected unless its disclosure
would reveal a chemical process or chemical proportion in a mixture. Wrongful
disclosure of confidential data by federal employees is prohibited, and may result in
criminal penalties.
Chemical Categories. Section 26 allows EPA to impose regulatory controls
on categories of chemicals, rather than on a case-by-case basis. However, EPA
cannot regulate a group merely because it is composed of new chemical substances.
Other Provisions. TSCA Section 10 directs EPA to conduct and coordinate
among federal agencies research, development, and monitoring that is necessary to
the purposes of the Act.
Section 12 excludes chemical products manufactured for export from TSCA
requirements except for reporting and record keeping requirements in Section 8.
State actions that are preempted by TSCA are described in Section 18.
Section 22 waives compliance when in the interest of national defense.

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Section 23 provides protection of employees who assist in carrying out the
provisions of the Act (i.e., “whistle-blowers”).
The potential effects of TSCA rules on employment must be monitored by EPA,
according to Section 24.
Section 25 mandates study of the need for indemnification of people affected
by federal laws administered by EPA and of the feasibility of establishing a standard
classification system for chemical substances and of storing and retrieving
information about them.
Section 26 authorizes data sharing and cooperative action to facilitate TSCA
implementation between EPA and other federal agencies. It also authorizes
collection of fees for EPA processing of data submitted in response to an order under
Section 4 or 5. EPA is directed to establish an office to assist the regulated
community. The Agency also must establish a procedure to ensure disclosure of
financial interests in the regulated community by EPA employees. Final orders
issued under TSCA must contain a statement of basis and purpose. Finally, Section
26 established within EPA a new Assistant Administrator for Toxic Substances.
TSCA Section 27 authorizes research and development of test methods for
chemicals by the Public Health Service in cooperation with EPA.
Grants to states are authorized by Section 28 to establish and operate programs
to prevent or eliminate unreasonable risks to health or the environment.
Section 29 authorized appropriations through 1983.
An annual report is mandated by Section 30.
Title II (Asbestos in Buildings)
Growing public concern about the presence of potentially hazardous asbestos
in buildings, especially in schools, led to congressional efforts to address this
problem. Title II of TSCA, the Asbestos Hazard Emergency Response Act
(AHERA), was enacted in 1986 (P.L. 99-519) and amended in July 1988 (P.L.
100-368). It required EPA to set standards by October 1987, for responding to the
presence of asbestos in schools. The standards, set at levels adequate to protect
public health and the environment, identify appropriate response actions that depend
on the physical condition of asbestos. Schools, in turn, were required to inspect for
asbestos-containing material, and to develop and implement a plan for managing any
such material. Plans for managing asbestos were to be submitted by schools before
May 1989, and implementation was to begin by July 1989. The law contains no
deadlines for schools to complete implementation.
Title II requires asbestos contractors and analytical laboratories to be certified,
and schools to use certified persons for abatement work. Training and accreditation
requirements also apply to inspectors, contractors, and workers performing asbestos
abatement work in all public and commercial buildings. EPA may award training
grants to nonprofit organizations for asbestos health and safety programs. However,

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authorization of appropriations for this grant program expired September 30, 1995.
Other Title II requirements (such as mandates that buildings be inspected for
asbestos) have not been extended to non-school buildings.
To enforce requirements, TSCA authorizes EPA to take emergency action with
respect to schools if school officials do not act to protect children. The Act also
authorizes citizen action with respect to asbestos-containing material in a school and
to compel action by EPA, either through administrative petition or judicial action.
Civil penalties not to exceed $5,000 are authorized for violations such as failing to
conduct an inspection or to develop a school management plan.
Concern about how schools would pay for required actions was addressed in
separate legislation (the Asbestos School Hazard Abatement Act of 1984, or
ASHAA, P.L. 98-377). It established a program offering grants and interest-free
loans to schools with serious asbestos problems and demonstrated financial need.
Although EPA for several years did not request funding for this program, Congress
appropriated funds. Authorization of appropriations for this program expired
September 30, 1995, and Congress has not appropriated funds since FY1993; a total
of $382 million in grant and loan funds were appropriated from FY1984 through
FY1993. Repaid ASHAA loans are returned to an Asbestos Trust Fund, established
in TSCA Title II, to become a dedicated source of revenues for future asbestos
control projects.
Title III (Radon Programs)
In October 1988, Congress amended TSCA by adding Title III — Indoor Radon
Abatement (15 U.S.C. 2661 et seq., P.L. 100-551). The basic purpose of Title III is
to provide financial and technical assistance to the states that choose to support radon
monitoring and control; neither monitoring nor abatement of radon is required by the
Act.
Title III required EPA to update its pamphlet “A Citizen’s Guide to Radon,” to
develop model construction standards and techniques for controlling radon levels
within new buildings, and to provide technical assistance to states. EPA is to provide
technical assistance by: establishing an information clearinghouse; publishing public
information materials; establishing a national database of radon levels detected,
organized by state; providing information to professional organizations representing
private firms involved in building design and construction; submitting to Congress
a plan for providing financial and technical assistance to states; operating cooperative
projects with states; conducting research to develop, test, and evaluate radon
measurement methods and protocols; developing and demonstrating new methods
of radon measurement and mitigation, including methods that are suitable for use in
nonresidential child care facilities; operating a voluntary program to rate radon
measurement and mitigation devices and methods and the effectiveness of private
firms and individuals offering radon-related services; and designing and
implementing training seminars. The proficiency rating program and certification for
training programs collect fees for service, and therefore are meant to be self-
supporting, but Congress authorized $1,500,000 to be appropriated to establish these
programs. Congress authorized $3,000,000 to be appropriated for each of three years
beginning in 1989 for the other provisions of Sections 303, 304 and 305.

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A matching grant program was established for the purpose of assisting states in
developing and implementing programs for radon assessment and mitigation. For
this program, $30 million was authorized to be appropriated over three years, with
funds targeted to states or projects that made efforts to ensure adoption of EPA’s
model construction standards and techniques for new buildings; gave preference to
low-income persons; or addressed serious and extensive radon contamination
problems or had the potential to reduce risk or to develop innovative assessment
techniques, mitigation measures, or management approaches.
Other sections of Title III require EPA to: conduct a study to determine the
extent of radon contamination in schools; identify and list areas of the U.S. with a
high probability of having high levels of indoor radon; make grants or cooperative
agreements to establish and operate at least three regional radon training centers; and
provide guidance to federal agencies on radon measurement, risk assessment, and
remedial measures.
All authorizations for appropriations specific to this title expired September 30,
1991, although appropriations have continued.
Title IV (Lead Exposure Reduction)
The 102nd Congress added Title IV to TSCA when it enacted the Residential
Lead-Based Paint Hazard Reduction Act of 1992 as Title X in the Housing and
Community Development Act of 1992 (P.L. 102-550). Title IV aims to accelerate
federal efforts to reduce risks to young children who daily are exposed to lead-based
paint in their homes. In addition, it is expected to stimulate development of lead
inspection and hazard abatement services in the private sector, while ensuring that
the services provided and any products employed are reliable and effective in
reducing risk. To these ends, Title IV directs EPA:
! to promulgate definitions of lead-contaminated dust, lead-
contaminated soil, and lead-based paint hazards;
! to ensure that people engaged in detection and control of lead
hazards are properly trained and that contractors are certified;
! to publish requirements for the accreditation of training programs for
workers;
! to develop criteria to evaluate the effectiveness of commercial
products used to detect or reduce risks associated with lead-based
paint;
! to establish protocols, criteria, and minimum performance standards
for laboratory analysis of lead in paint films, soil, and dust;
! to establish a program to certify laboratories as qualified to test
substances for lead content; and

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! to publish and distribute to the public a list of certified or accredited
environmental sampling laboratories.
Title IV explicitly applies these requirements to federal facilities and activities that
may create a lead hazard.
In addition, Congress directed EPA to conduct a study of lead hazards due to
renovation and remodeling activities that may incidentally disturb lead-based paint.
EPA is required to promulgate guidelines for the renovation and remodeling of
buildings or other structures when these activities might create a hazard.
Title IV directs EPA to establish a clearinghouse and hotline to distribute
information about the hazards of lead-based paint, how to avoid exposure and reduce
risk, and new technologies for removing or immobilizing lead-based paint. In
addition, Congress mandated development of: a lead hazard information pamphlet;
public education and outreach activities for health professionals, the general public,
homeowners, landlords, tenants, consumers of home improvement products, the
residential real estate industry, and the home renovation industry; and information
to be distributed by retailers of home improvement products to provide consumers
with practical information related to the hazards of renovation where lead-based paint
may be present.
Title IV authorizes states to propose programs to train and certify inspectors and
contractors engaged in the detection or control of lead-based paint hazards. States
also may develop the required informational pamphlets. TSCA requires EPA to
promulgate a model state program that may be adopted by any state. Congress gave
EPA the authority to approve or disapprove authorization for state proposals and to
provide grants for states to develop and implement authorized programs. A federal
program must be established, administered, and enforced by EPA in each state
without an authorized program.
The Department of Health and Human Services also has responsibilities under
Title IV of TSCA. It mandates a study by the Centers for Disease Prevention and
Control (CDC) and the National Institute for Environmental Health Sciences to
determine the sources of lead exposure to children who have elevated lead levels in
their bodies. The National Institute for Occupational Safety and Health is directed
to study ways of reducing occupational exposure to lead during abatement activities.

The Act established a rule-making docket to ensure the availability to the
general public of all documents submitted to agencies that are relevant to regulatory
decisions pursuant to this legislation. The docket is required to include the drafts of
all proposed rules submitted by EPA to the President’s Office of Management and
Budget (OMB), written comments on the drafts, and written responses to comments.
In addition, the Agency must provide an explanation for any major change to a
proposed rule that appears in the final rule, and such changes may not be made based
on information not filed in the docket. Dockets are required to be established in each
EPA regional office.
Congress authorized to be appropriated “such sums as may be necessary” for
TSCA Title IV.

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CRS-11
In addition to amending TSCA, Title X of the Housing and Community
Development Act of 1992 authorized grants to states for risk assessments and lead-
based paint removal and immobilization in private housing for low-income residents;
establishing state training, certification, or accreditation programs for inspectors and
abatement contractors; and research at the Department of Housing and Urban
Development (HUD). Authorization for appropriations for these grants expired
September 30, 1994, but appropriations have continued. Title X directed HUD to
establish guidelines for federally supported work involving risk assessments,
inspections, interim controls, and abatement of lead-based paint hazards. In addition,
the National Institute for Occupational Safety and Health (NIOSH) was provided $10
million for training people who remove or immobilize paint.
Table 2. Major U.S. Code Sections,
Toxic Substances Control Act1
(codified as 15 U.S.C. 2601-2692)
Toxic Substances
Control Act
15 U.S.C.
Section Title
(as amended)
Subchapter I -
Control of Toxic Substances
2601
Findings, policy and intent
sec. 2
2602
Definitions
sec. 3
2603
Testing of chemical substances and
sec. 4
mixtures
2604
Manufacturing and processing notices
sec. 5
2605
Regulation of hazardous chemical
sec. 6
substances and mixtures
2606
Imminent hazards
sec. 7
2607
Reporting and retention of information
sec. 8
2608
Relationship to other federal laws
sec. 9
2609
Research, development, collection,
sec. 10
dissemination, and utilization of data
2610
Inspections and subpoenas
sec. 11
2611
Exports
sec. 12
2612
Entry into customs territory of the United
sec. 13
States
2613
Disclosure of data
sec. 14
2614
Prohibited acts
sec. 15
2615
Penalties
sec. 16
2616
Specific enforcement and seizure
sec. 17
2617
Preemption
sec. 18
2618
Judicial
sec. 19
2619
Citizens’ civil actions
sec. 20
2620
Citizens’ petitions
sec. 21
2621
National defense waiver
sec. 22
2622
Employee protection
sec. 23
1 NOTE: This table shows only the major code sections. For more detail and to determine
when a section was added, the reader should consult the official printed version of the U.S.
Code.

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CRS-12
Toxic Substances
Control Act
15 U.S.C.
Section Title
(as amended)
2623
Employment effects
sec. 24
2624
Studies
sec. 25
2625
Administration
sec. 26
2627
Development and evaluation of test
sec. 27
methods
2628
Authorization of appropriations
sec. 28
2629
Annual report
sec. 29
Subchapter II -
Asbestos Hazard Emergency Response
2641
Congressional findings and purpose
sec. 201
2642
Definitions
sec. 202
2643
EPA regulations
sec. 203
2644
Requirements if EPA fails to promulgate
sec. 204
regulations
2645
Submission to state Governor
sec. 205
2646
Contractor and laboratory accreditation
sec. 206
2647
Enforcement
sec. 207
2648
Emergency authority
sec. 208
2649
State and federal law
sec. 209
2650
Asbestos contractors and local educational
sec. 210
agencies
2651
Public protection
sec. 211
2652
Asbestos ombudsman
sec. 212
2653
EPA study of asbestos-containing material
sec. 213
in public buildings
2654
Transition rules
sec. 214
2655
Worker protection
sec. 215
Subchapter III -
Indoor Radon Abatement
2661
National goal
sec. 301
2662
Definitions
sec. 302
2663
EPA’s citizen guide
sec. 303
2664
Model construction standards and
sec. 304
techniques
2665
Technical assistance to states for radon
sec. 305
programs
2666
Grant Assistance to states for radon
sec. 306
programs
2667
Radon in schools
sec. 307
2668
Regional radon training centers
sec. 308
2669
Study of radon in federal buildings
sec. 309
2670
Regulations
sec. 310
2671
Additional authorizations
sec. 311
Subchapter IV -
Lead Exposure Reduction
2681
Definitions
sec. 401
2682
Lead-based paint activities training and
sec. 402
certification
2683
Identification of dangerous levels of lead
sec. 403

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CRS-13
Toxic Substances
Control Act
15 U.S.C.
Section Title
(as amended)
2684
Authorized state programs
sec. 404
2685
Lead abatement and measurement
sec. 405
2686
Lead hazard information pamphlet
sec. 406
2687
Regulations
sec. 407
2688
Control of lead-based paint at federal
sec. 408
facilities
2689
Prohibited acts
sec. 409
2690
Relationship to other federal law
sec. 410
2691
General provisions relating to
sec. 411
administrative proceedings
2692
Authorization of appropriations
sec. 412
Selected References
Bergeson, Lynn L. TSCA: Toxic Substances Control Act. Basic Practice Series.
Chicago, IL: Section of Environment, Energy, and Resources, American Bar
Association, 2000. 151 p.
Bergeson, Lynn L., Lisa M. Campbell, and Lisa Rothenberg. 2000. TSCA and the
Future of Chemical Regulation, EPA Administrative Law Reporter, v. 15, n. 4,
23 p.
Hathaway, Carolyne R., David J. Hayes, and William K. Rawson. “A Practitioner’s
Guide to the Toxic Substances Control Act: Part I.” Environmental Law
Reporter, v. 24, May 1994. pp. 10207-10230.
——Part II. Environmental Law Reporter, v. 24, June 1994. pp. 10285-10304.
——Part III. Environmental Law Reporter, v. 24, July 1994. pp. 10357-10405.
CRS Report RS21688. Lead-Based Paint Poisoning Prevention: Summary of
Federal Mandates and Financial Assistance for Reducing Hazards in Housing.

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