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PA TSCA ENFORCEMENT ACTION SECURES NEW CHEMICAL RISK DATA
Release Date: 04/25/97
FOR RELEASE: FRIDAY, APRIL 25, 1997
TSCA ENFORCEMENT ACTION SECURES NEW CHEMICAL RISK DATA
EPA has completed its one-time Toxic Substances Control Act (TSCA) Compliance Audit Program (CAP) enforcement initiative to gather reports of substantial risks from toxic chemicals. Under the TSCA section 8(e) CAP, the EPA has received over 11,000 previously unreported studies or reports from 89 companies on chemicals that may present a substantial risk of injury to health or the environment. The Agency assessed a total of $22,764,000 in civil penalties against the 89 companies which had originally failed to adequately report certain information about the potentially hazardous nature of their products. That sum represented substantially reduced penalties as a result of this program. TSCA section 8(e) requires companies that manufacture, process or distribute chemicals to inform EPA of any information that reasonably supports the conclusion that a mixture or substance presents a “substantial risk of injury to health or the environment”. Congress enacted this reporting requirement so that the government would have information concerning the potential dangers of certain chemicals. The Agency uses information about chemical hazards and risks to guide EPA regulatory action which could result in improved management of the risks posed by chemical substances. The Agency discovered that some regulated industries were not submitting information on chemical hazards and exposures. In order to receive important chemical impact data in a timely fashion, the one-time CAP was initiated in 1991. To participate in the CAP, companies agreed to conduct an audit to determine their compliance status and to pay stipulated penalties for any previously unreported studies. EPA encouraged participation by offering reduced penalty incentives. Under CAP, 123 companies, including those engaged in chemical production and importation, petroleum refining, aerospace and electronic manufacturing, signed up to conduct internal chemical data audits. Of those companies, 34 reported that they had no outstanding 8(e) information due the Agency. Of the remaining 89 companies, the 11,000 studies submitted during the CAP process account for about 80% of all submissions received throughout the 8(e) program's history. The Agency is currently reviewing this information to determine whether particular chemicals or mixtures of chemicals warrant further assessment and regulation.
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