Agriculture Reference
In-Depth Information
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Pesticide residue consisting of contaminated soil, water or other
debris resulting from the cleanup of a spilled pesticide.
J.
COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND RECOVERY ACT (1980)
The Comprehensive Environmental Response, Compensation, and
Recovery Act (CERCLA), commonly called the Superfund Law, requires the
cleanup of releases of hazardous substances in air, water, groundwater, and on
land. Both new spills and leaking or abandoned waste sites are covered.
The act establishes a trust fund (Superfund) to finance government
responses to releases or threats of releases of hazardous substances. However,
if groundwater contamination results from normal application of pesticides,
the law does not allow the agency to recover costs from pesticide applicators
or private users.
K.
TOXIC SUBSTANCES CONTROL ACT (TSCA)
The Toxic Substances Control Act (TSCA) was enacted in 1976 to:
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Ensure that adequate data are developed on the effects of chemical
substances on health and the environment.
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Regulate the production, distribution, use, and disposal of those
chemicals deemed to present an unreasonable risk of injury to health
or the environment.
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Provide authority to EPA to take action on those chemicals which
present an "imminent hazard."
The regulations promulgated to implement TSCA are found in 40 CFR
700-799, and are administered by the Office of Toxic Substances (OTS).
Pesticides are specifically excluded from TSCA's definition of a chemical
substance, when manufactured, processed, or distributed as a pesticide. EPA
generally considers a product to be a pesticide once it requires a FIFRA
(Section 5) Experimental Use Permit. It is important to note that inerts and
raw materials are not considered pesticides until they become part of a pesticide
product. Intermediates used in the manufacture of a pesticide are not excluded
from regulation under TSCA, unless they are pesticides themselves and are
being used in a mixture for their pesticidal properties, or are not isolated
during the manufacturing process.
While pesticides are exempted from TSCA, fertilizers and other substances
used in the growing of crops are not exempt. Thus, any chemical to be used
for such purposes must be listed on the TSCA Inventory.
