Toxic Substances Control Act II

CONTENTS FOR THIS SECTION

Title II Asbestos in Buildings
Title III (Radon Programs)
Title IV (Lead Exposure Reduction)
Selected References
Table 2. Major U.S. Code Sections Toxic Substances Control Act

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 Oct. 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 inplementation.

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, authorization of appropriations for this grant program expired Sept. 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 Sept. 30, 1995, and Congress has not appropriated funds since FY 1993; a total of $382 million in grant and loan funds were appropriated from FY 1984 through FY 1993. 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.

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 102^nd 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
• 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.

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.

Selected References

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.

U.S. Library of Congress. Congressional Research Service. Lead-Based Paint Poisoning Prevention: Federal Mandates for Local Government. CRS Report 97-22 ENR. Washington. September 11, 1998. 2 p.

Table 2. Major U.S. Code Sections Toxic Substances Control Act⁽²⁾
(codified as 15 U.S.C. 2601-2692)

Footnotes

1. Prepared by Linda Schierow, Specialist in Environmental Policy, Environmental Protection Section, Environment and Natural Resources Policy Division.

The NCSE also recommends CRS reports on General Pollution and Pesticides.

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