Does EPA consider releases reported to the National Response Center (NRC) “known to the Administrator” for TSCA §8(e) purposes?
A.8. Yes. But under TSCA §8(e), only emergency incidents of environmental contamination should be reported to the NRC. As explained in Part IX. (f) of the June 3, 2003, Republication of TSCA Section 8(e) Policy Statement and Guidance, persons should report emergency incidents of environmental contamination (Part V. (c)) to either the EPA Administrator or to the NRC by telephone as soon as obtaining knowledge of the incident. Information properly filed as emergency reports to either of these parties need not be reported further under TSCA § 8(e). However, any new substantial risk information concerning the incident that is later obtained is reportable under TSCA §8(e). Non-emergency situations involving environmental contamination (Part V. (b)(1)) do not require reporting to the NRC under TSCA §8(e), but subject persons should report environmental contamination information to the EPA Administrator within 30 calendar days of obtaining it if it meets TSCA §8(e) reporting criteria. Informa
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