Is the discovery of a hazardous or toxic constituent in a product reportable under TSCA section 8(e)?
A.26. Reporting of the presence of a hazardous or toxic constituent that was previously unknown to be contained in a product, including manufactured articles, should occur under TSCA section 8(e) where data shows that widespread or significant exposure to the toxic component has occurred or is substantially likely to occur, and such exposure presents a substantial risk of injury to health or the environment. Persons subject to TSCA 8(e) reporting should consider the toxicity of the constituent, the constituent’s concentration in the product, and whether significant exposure to the toxic component has occurred or is likely to occur at any stage in the product’s lifecycle from production through disposal. In cases of extremely toxic chemical substances in products in commerce, exposure may generally be presumed.
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