TSCA Advisory 03 - II

On June 3, 2003, EPA published the Agency's long-awaited revisions to EPA's 1978 "Statement of Interpretation and Enforcement Policy; Notification of Substantial Risk," which sets forth EPA's interpretation of industry reporting obligations under Section 8(e) of the Toxic Substances Control Act (TSCA). (68 Fed. Reg. 33,129)

TSCA Section 8(e) is a single, self-implementing sentence: "[a]ny person who manufactures, imports, processes, or distributes in commerce a chemical substance or mixture and who obtains information which reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment shall immediately inform the [EPA] Administrator of such information unless such person has actual knowledge that the Administrator has been adequately informed of such information." 15 U.S.C. 2607(e). TSCA does not provide EPA with authority to promulgate regulations to implement Section 8(e), but in 1978 EPA published the Agency's initial statement of interpretation, setting forth EPA's views on what information would be reportable, information that need not be reported, and reporting procedures.

The 1978 policy stated that EPA would consider reportable discovery of "widespread and previously unsuspected" contamination of environmental media, and certain discharges to the environment. In 1991, however, EPA recognized that these portions of the policy statement were confusing, and suspended their operation, pending clarification and revision. In 1993 and again in 1995, EPA published proposed revisions and solicited public comments.

The June 3, 2003 revisions address the reporting of information on the detection of chemical substances in, and the release of chemical substances to, environmental media, the circumstances under which certain information need not be reported to EPA under this section, and the reporting deadline for written substantial risk information.

Specifically, in the new notice EPA: (1) clarifies that contamination in environmental media must be detected at significant levels to trigger reporting obligations; (2) provides updates to reporting contact phone numbers and the address for reporting emergency incidents of environmental contamination; (3) adds additional types of information that need not be reported under this section, such as information that must be reported to EPA within 90 days of discovery under mandatory requirements of another statute, or information contained entirely in scientific of news publications; and (4) lengthens the deadline by which a company must report to 30 calendar days after discovery from the current 15 working days.

Your company may be affected by these revisions if you manufacture, process, import, or distribute in commerce chemical substances and mixtures. EPA republished the policy statement in its entirety. If you would like a copy of the document, or need further information about this or other TSCA matters, please contact one of the professionals below:

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