DRAFT
SECTION
8(
E)
POLICY
TEXT
FOR
PUBLIC
COMMENT
MARCH
9,
1995
Note
to
reviewers.:

(
I)
EPA
is
proposing
to
make
the
final
guidance
prospective
with
an
effective
date
90­
120
days
after
publication.

(
2)
During
the
period
after
publication,
but
before
the
effective
date,
EPA
plana
to
develop
a
Q
&
A
document
based
on
examples/
questions
posed
by
the
regulated
community.

(
3)
Text
in
bold
indicates
major
changes
from
July
13,
1993
proposal.
Revised
Policy
Text
Statement
of"
1nterpretation
of,
and
Enforcement
Policy
Concerning,
Section
8(
e)
of
the
Toxic
Substances
Control
Act
1.
Part
I1
is
amended
by
revising
the
note
at
the
end
of
Part
I1
to
read
as
follows:

Note.
­­
Irrespective
of
a
business
organization's
decision
to
establish
and
publicize
procedures
described
above,
it
is
responsible
for
becoming
cognizant
of
any
l'substantial
risk"

information
obtained
by
its
officers
and
employees,
and
for
ensuring
that
such
information
is
properly
reported
to
EPA
under
the
provisions
of
the
Policy
Statement.

2.­
Part
IV
is
amended
by
revising
it
to
read
as
follows:

IV.
Reuuirement
that
a
Person
llImmediatelvInform11the
Administrator.

With
the
exception
of
certain
information
on
emergency
incidents
of
environmental
contamination
[
see
Part
V(
c)]
and
information
subndtted
­
der
Part
VII~
C)
and
(
a),
a
person
has
"
immediatelyinformedttthe
'
Administrator
if
information
is
received
by
EPA
not
later
than
the
30th
calendar
day
after
the
date
the
person
obtained
such
information.
Supplementary
)

information
generated
after
a
section
8(
e)
notification
should,

if
appropriate,
be
immediately
reported.
Reports
must
be
made
as
required
under
Part
IX.
For
emergency
incidents
of
environmental
contamination,
a
person
must
report
by
telephone
to
the
appropriate
contact
as
directed
in
Part
IX
as
soon
as
the
person
2
­­
has
knowledge
of
the
incident.
The
report
should
containdas­
much
*;>+
I
of
the
information
required
by
Part
IX
as
is
possible.
'
Afoil­

up
writtea
report
58
not
required.
4
3.
Part
V
is'amended
by
revising
paragraph
(
b)(
1)
and
adding
the
phrase
lrEnvironmentaleffects."
to
the
beginning
of
each
paragraph
in
(
b)(
2)
through
(
b)(
5)
to
read
as
follows:

(
a)
*
*
*

(
b)
Non­
Emercrencv
Situations
Inv01v'
ina
Env'LronmentaL
Contamination:
Environmental
Effectg
­­(
1)
Non­
emergency
situations
of
chemical
contamination
involving
humans
and/
or
the
environment.
Information
that
pertains
to
widespread
and
previously
unsuspected
distribution
in
urvironnruDtr1
modia
of
a
chemical
eubstance
or
dxturo
known
to
cau.
0
soriourr
rrd~
torso
effects,
when
coupled
with
information
that
widesprorrd
or
significant
exposure
to
human.
or
norr­
humm
organfanu
ha.;

occurred
or
that
there
im
a
aubetantial
likelihood
that
sych
'

exposure
will
occur,
is
subject
to
reporting.
The
mere
presence
of
a
chemical
in
an
environmental.
media,
absent
relevant
information
noted
above,
would
not
trigger
reporting
under
section
8(
e).
Information
concerning
the
detection
of
chemical
substances
contained
within
appropriate
disposal
facilities
should
not
be
reported
under
this
Part.

Nota:
From
time
to
time
$
PA
e8tablishe8
concentrations
of
various
substarrcee
in
differ­
t
media
that
either
present
no/
lcm
riek
or
presume
a
risk
to
hoalth
and/
or
thr
environment
ao
tho
case
may
be.
For
examplo,
EPA
establishea
Haximum
Contaminant
3
~
evelsin
drinking
water,
Ambient
water
Quality
Criteria
for.

receiving
bodiaa
of
water,
urd
Rafersnce
Dose.
or
Coaccmtrationm.

For
the
purpo8a
of
Section
8(
e),
information
about
Contdnation
­
4
found
at
or
below'the
low
or
PO
ri8k
bsnchosarks
would
not
be
reportable,
Conversely,
informrrtion
about
contunination
found
at
or
above
high
risk
benchmrrk8,
8uch
a8
RCRA
Toxicity
Characteristic
Limits,
may
often
be
raportablo
given
othar
exposure­
related'factor#

(
2)
Environmental
effects.
*
*
*
.
(
3)
Environmental
effects.
*
*
*

(
4)
Environmental
effects.
*
*
*

(
5)
Environmental
effects.
*
*
*
*
*
*
*

4.
By
revising
Part
VI1
to
read
as
follows:

VII.
Information
Which
Need
Not
Be
ReRortea
tfSubstantialrisk"
information
need
not
be
reported
if
it:

(
a)
Is
obtained
from
one
of
the
following
sources:

1.
An
official
publication
or
official
report
(
draft
or
final)
published
or
made
available
to
the
general
public
by
EPA
or
another
Federal
agency.

2.
A
scientific
publication
with
national
recognition
(
e,
g.,
Science,
Nature,
Nm
England
Journal
of
Medicine,
ete.)
,

3.
A
data
base
availablo
on
a
national
basis
(
e.
g.,

Agricola,
Biological
Ab8tract8,
Chdeal
Abstracts,
Dissertation
Abstracts,
Index
Medicu8,
ate)
4.
A
news
publication
(
i.
e.,
newspaper,
news
magazine,

trade
press)
with
circulation
in
the
U.
S.

5.
A
radio
or
television
news
report
broadcast
in
the
U.
S.
a
6.
A
public
scientific
conference
or
meeting
held
within
the
U.
S.,
provided
that
the
information
is
captured
accurately
by
way
of
a
meeting
transcript,
abstract,
or
other
such
record,
and
has
been
cited
in
a
bibliographic/
abstract
computerized
data
base,
publication,
or
report
of
the
type
cited
in
paragraphs
(
l),

(
2)
,
(
3),
(
4)
,
or
(
5)
above
within
90
days
of
obtaining
such
information.

7.
A
public
ecientific
conference
spon8or.
d
or
co­.
pon8ored
by
$
PA
or
at
a
conference
where
the
information
i8
proouatod
by
an
EPA
employee
or
contractor
(
acting
on
behalf
of
=
A).

(
b)
Corrobsrates
(
i.
e.,
substantially
duplicate8
or
confirms)
in
terms
of,
for
example,
route
of
exposure,
dose,

species,
strain,
sex,
time
to
onset,
and
severity,
a
well
recognized/
well­
established
serious
adverse
effect
for
the
subject
chemical(
s),
unless
such
information
concerns
effects
observed
in
association
with
emergency
incidents
of
environmental
contamination
as
described
in
Part
V(
c).

(
c)
Is
information
that
is.
reported
to
EPA
within
90
calendar
days
for
non­
emergency
information
under
PART
V(
b)(
l),

immediately
(
i.
e.,
as
soon
as
the
subject
person
has
knowledge
of
the
incident)
for
emergency
information
under
PART
V(
c),
or
within
30
calendar
days
for
the
other
types
of
information
1
required
under
PART
V,
pursuant
to
a
mandatory
reporting
5
requirement
of
any
statutory
authority
that
is
administered
by
EPA
(
including,
but
not
limited
to,
the
Toxic
Substances
Control
Act;
the
Federal
Tater
Pollution
Control
Act;
the
Clean
Air
Act;
P
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act;
the
Safe
Drinking
Water
Act;
the
Marine
Protection,
Research,
and
Sanctuaries
Act;
the
Comprehensive
Environmental
Response,

Compensation,
and
Liability
Act;
the
Resource
Conservation
and
Recovery
Act,
the
Pollution
Prevention
Act;
the
Emergency
Planning
and
Community
Right­
to­
Know
Act).

(
d)
Is
information
that
is
reported
to
a
State
within
90
calendar
days
for
non­
emergency
information
under
PART
immediately
(
i.
e.,
as
soon
as
the
subject
person
has
knowledge
of
the
incident)
for
emergency
information
der
PART
V(
c),
or
within
30
calendar
days
for
the
other
tn;
r..
s
of
hforPPrtioa
required
under'PART
V,
pursuant
to
a
mandatory
reporting
requirement
under
any
Federal
statute
administered
by
EPA
and
1
g.;
National
Pollutant
Discharge
delegated
that
State
(
e,.

Elimination
System
(
NPDES)
permit
requirements)
8
or
pursuant
to
a
mandatory
reporting
provision
of
an
EPA­
authorized
State
program
established
under
a
Federal
statute
administered
by
EPA,
e.
g.,

state
RCRA
programs.

(
e)
Is
informatfop
req6ired
to
be
submitted
to
the
Federal
government
ot
a
etate
that
ie
developed
am
a
result
of
an
authorized
site
remediation
program.

(
f)
Is
information
of
the
kind
under
PART
V(
b)
and
(
c)

concerning
a
site
under
the
control
of
anothex
person
or
a
non
__
.
...
.___
V.
S.
mite,
provided
tharre
ia
no
reraonable
poamibility
to
contaminate
an
area
in
the
0.8.

+
5.
By
revising
Part
IX
to
read
as
follows:
a
IX.
ReDortinq
Remiremenu
Notices
shall
be
delivered
to
the
Document
Processing
Center
(
XXXX),
(
Attn:
Section
8(
e)
Coordinator),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
401
M
Street,
SW.,
Washington,
DC
20460.

A
notice
must:

(
a)
Be
sent
by
certified
mail,
or
in
any
other
way
P
permitting
verification
of
its
receipt
by
the
Agency,

(
b)
State
that
it
is
being
submitted
in
accordance
with
section
8
(
e),

(
c)
Contain
the
job
title,
name,
address,
telephone
number,

and
signature
of
the
person
reporting
and
the
name
and
address
of
the
manufacturing,
processing,
or
distribution
establishment
with
which
the
person
is
associated,

(
d)
Identify
the
chemical
substance
or
ritixture
(
including,

if
known,
the
CAS
Registry
Number),

(
e)
Summarize
the
adverse
effects
or
risk
being
reported,

describing
the
nature
and
the
extent
of
the
effects
or
risk
involved,
and
(
f)
Contain
the
specific
source
of
the
information
together
with
a
summary
and
the
source
of
any
available
supporting
.
technical
data.
,

7
For
emergency
incidents
of
environmental
contamination
(
see
Part
V(
c)
)
,
a
person
shall
report
the
incident
to
the
Administrator
or
%
he
National
Re8pOnSe
Center
by
telephone
as
soon
as
he/
she
has
knowledge
of
the
incident
(
see
below
for
h
appropriate
telephone
contacts).
The
repo&
should
contain
as
much
of
the
information
required
by
instructions
(
c)
through
(
f)

above
as
possible.
Twenty­
four
hour
emergency
telephone
numbers
are:

Region
I
(
Maine,
%
ode
Island,
Connecticut,
Vermont,

Massachusetts,
New
Hampshire),
(
617)
223­
7265.

Region
I1
(
New
York,
New
Jersey,
Puerto
Rico,
Virgin
Islands),
(
201)
548­
8730.

Region
I11
(
Pennsylvania,
West
Virginia,
Virginia,
Maryland,

Delaware,
District
of
Columbia),
(
215)
597­
9898.

Region
IV
(
Kentucky,
Tennessee,
North
Carolina,
South
Carolina,
Georgia,
Alabama,
Mississippi,
Florida),
(
404)
347
4062.,

Region
V
(
Wisconsin,
Illinois,
Indiana,
Michigan,
Ohio,

Minnesota),
(
312)
353­
2318.

Region
VI
(
New
Mexico,
Texas,
Oklahoma,
Arkansas,

Louisiana),
(
214)
655­
2222.
,

Region
VI1
(
Nebraska,
Iowa,
Missouri,
Kansas),
(
913)
236
3778.

Region
VI11
(
Colorado,
Utah,
Wyoming,
Montana,
North
Dakota,

.
South
Dakota),
(
303)
293­
1788.

I
8
,
\

Region
Ix
(
California,
Nevada,
Arizona,
Hawaii,
Guam),
(
415)

744­
2000.

1
Region
X
(
Washington,'
Oregon,
Idaho,
Alaska),
(
206)

442c
1263.

The
National
Response
Center
(
xxx)
xxx­
xxxx
9
