Handbook of Solvents - George Wypych - ChemTech - Ventech!

1300 Carlos M. Nu�ez
environmental results. The XL project has three key elements: superior
environmental performance (SEP) to anticipate superior environmental
performance, regulatory flexibility to encourage participation and maximize
success, and stakeholder involvement to assist in development and implementation
of the project. 50 Visit http://www.yosemite.epa.gov/xl/xl_home.nsf/all/homepage
for more information.
Other examples of voluntary programs and initiatives include: AgStar, Climate Wise,
Coalbed Methane Outreach, Design for the Environment, Energy Star Builidings, Energy
Star Residential, Energy Star Office Equipment, Energy Star Transformer, Environmental
Accounting, Environmental Leadership Program, Green Chemistry, Green Lights, Indoor
Environments, P2 Information Clearinghouse, P2 Grant Program, Transportation Partners,
U.S. Initiative on Joint Implementation, WAVE, Waste Minimization National Plan, and
WasteWi$e.
19.5.2 TOXIC SUBSTANCES CONTROL ACT
19.5.2.1 Background
Also referred to by some as the sleeping giant of environmental regulations, 51 the Toxic
Substances Control Act (TSCA) was enacted in 1976 to regulate chemicals in commerce
that may cause adverse environmental and health effects. 52 TSCA requires testing of manufactured
substances to determine the character of their effect and regulates the manufacture,
distribution, use, and disposal of new and existing substances. In 1986, TSCA was amended
to include the Asbestos Hazardous Emergency Response Act (AHERA). The 1990 amendments
provided for coverage of all public and commercial buildings. TSCA does not regulate
food and food products, tobacco or tobacco products, and pesticide manufacturing,
processing, or distribution in commerce. These areas are regulated under the Federal Food,
Drug, and Cosmetic Act (FFDCA) and the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA). TSCA’s regulatory responsibility is not delegated to states, as may be the case
with the other regulations previously mentioned. Since the focus of this book is on solvents,
only some key provisions of Title I will be briefly discussed.
19.5.2.2 Controlling Toxic Substances
Under Title I of TSCA (Section 4), manufacturers, importers, and processors of chemical
substances and mixtures may be required by EPA to obtain health and environmental data
on their health and environmental effects if:
their manufacture, processing, use, distribution in commerce, and disposal, or any
combination of such activities, poses an unreasonable risk to human health or the environment;
• they are or will be produced and enter the environment in substantial quantities;
• human exposure is significant; and
• data and experience to determine the chemicals’ potential impact on human health
and the environment are insufficient.
TSCA (Section 5) also provides EPA with the authority to regulate and control the introduction
of new chemicals either through manufacture or import, or the processing of an
existing chemical for a significant new use. Such manufacturers and importers must file a
Premanufacture Notification (PMN) 90 days before producing or importing the chemical.
Once a PMN is filed, EPA assesses the information and determines if the chemical poses an
unreasonable risk of injury to health or the environment. An additional 90 days may be re-