In 1976, an important motivation for enactment of the Toxic Substances Control Act (TSCA) was to empower the Environmental Protection Agency (EPA) to control polychlorinated biphenyls (PCBs), which had been developed as superlative insulation fluids but had come to be recognized as persistent toxic contaminants that bioaccumulate in the environment. TSCA banned the manufacturing, processing and distribution of new PCBs effective January 1, 1978, except in a “totally enclosed manner” or with an express exemption from EPA (including a finding that the exempt activity does not pose an “unreasonable risk of injury to health or the environment”). Even enclosed activities were banned beginning in 1979, unless with an express exemption from EPA. Additional provisions apply to non-banned activities, and to the cleanup and disposal of PCB-containing wastes. PCBs remain in use in enclosed/exempt locations throughout the country, and new contamination is identified from new leaks and legacy sites.Read More
Audit, Compliance and Risk Blog
October 17 was the 35th anniversary of the enactment of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA, also referred to as SARA Title III). EPCRA presents several separate programs, including release prevention and reporting for a fairly short list of extremely hazardous substances (which I discussed HERE), inventory reporting for most hazardous materials (which I discussed HERE), and filing of annual toxic chemical release inventory reports with the Environmental Protection Agency (EPA) and the state, on one of two forms (Form R or Form A) – usually called the Toxics Release Inventory (TRI) program (which I’ve discussed several times, including HERE).
EPA is celebrating the TRI program anniversary on its website. Meanwhile, the agency has also proposed to add an additional dozen chemicals to the TRI reporting list. The reminder of this note summarizes these activities.Read More