TSCA “Substantial Risk” Reporting


Chemical manufacturers, processors, and distributors, petroleum refiners and distributors, and other manufacturers are potentially affected by a “policy clarification and reporting guidance” issued by the United States Environmental Protection Agency (EPA) on June 3rd, 2003, relating to § 8(e) of the Toxic Substances Control Act (TSCA).  Section 8(e) imposes a reporting obligation on “[a]ny person who manufactures, 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.”  This obligation applies not only to companies and responsible corporate officials, but also to individual employees who acquire knowledge of the risk.  Failure to provide that notice may lead to criminal as well as civil penalties.

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