Legislative History/ Intent
The year the TSCA was passed
What is 1976?
This constitutional clause gave Congress authority to pass TSCA
What is the Commerce Clause?
These two levels of penalties may be imposed under TSCA
What are civil and criminal penalties?
This company challenged EPA’s testing rule for 2-ethylhexanoic acid (EHA)
What is the Chemical Manufacturers Association?
TSCA was passed to protect health/environment and to regulate this
What are chemical substances?
Chemicals made in one state and shipped to another are examples of this type of commerce
What is interstate commerce?
“Knowing” and “willful” violations may lead to these criminal consequences
What is imprisonment and/or fines?
EPA sought about this much in civil penalties against 3M
What is $1.3 million?
Before the TSCA, companies often failed to provide this about chemicals
What is safety data and/or information about chemical risks?
Pollution crossing state lines through air or water justified federal regulation because it affected more than one of this
What is one state?
This committee was created by the TSCA and must add chemicals it suspects to be toxic to a “Priority Testing List”
What is The Interagency Testing Committee (ITC)?
The court held that the 5-year Statute of limitations applies to these kinds of proceedings
What are administrative agency proceedings?
The major reform/amedment that gave the EPA stronger authority to enforce the TSCA
What is the Frank R. Launtenberg Chemical Safety Act?
TSCA allows EPA to require testing and do what else to harmful chemicals
What is restrict them?
TSCA allows these kinds of lawsuits by any person alleging a violation or failure to act by the EPA
What are citizen suits?
In this case the company failed to file required PMNs before importing chemicals
3M Co. v. Browner?
Examples of hazardous substances showing the need for TSCA
What are PCBs, asbestos, and lead?
Federal regulation promotes this nationwide by ensuring safe chemical manufacturing and use throughout the U.S
What is safety?
TSCA regulates these five market stages: manufacturing, processing, distribution, use, and this final stage
What is disposal?
In this case the court decided the EPA could create rules so long as there is an "unreasonable risk of injury to health"
What is Chemical Manufacturers Association v. EPA (1988)?