Legislación
US (United States) Code. Title 15. Chapter 53: Toxic substances control
-CITE-
15 USC CHAPTER 53 - TOXIC SUBSTANCES CONTROL 01/06/03
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
.
-HEAD-
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
-MISC1-
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
Sec.
2601. Findings, policy, and intent.
(a) Findings.
(b) Policy.
(c) Intent of Congress.
2602. Definitions.
2603. Testing of chemical substances and mixtures.
(a) Testing requirements.
(b) Testing requirement rule.
(c) Exemption.
(d) Notice.
(e) Priority list.
(f) Required actions.
(g) Petition for standards for the development of
test data.
2604. Manufacturing and processing notices.
(a) In general.
(b) Submission of test data.
(c) Extension of notice period.
(d) Content of notice; publications in the Federal
Register.
(e) Regulation pending development of information.
(f) Protection against unreasonable risks.
(g) Statement of reasons for not taking action.
(h) Exemptions.
(i) ''Manufacture'' and ''process'' defined.
2605. Regulation of hazardous chemical substances and mixtures.
(a) Scope of regulation.
(b) Quality control.
(c) Promulgation of subsection (a) rules.
(d) Effective date.
(e) Polychlorinated biphenyls.
2606. Imminent hazards.
(a) Actions authorized and required.
(b) Relief authorized.
(c) Venue and consolidation.
(d) Action under section 2605.
(e) Representation.
(f) ''Imminently hazardous chemical substance or
mixture'' defined.
2607. Reporting and retention of information.
(a) Reports.
(b) Inventory.
(c) Records.
(d) Health and safety studies.
(e) Notice to Administrator of substantial risks.
(f) ''Manufacture'' and ''process'' defined.
2608. Relationship to other Federal laws.
(a) Laws not administered by the Administrator.
(b) Laws administered by the Administrator.
(c) Occupational safety and health.
(d) Coordination.
2609. Research, development, collection, dissemination, and
utilization of data.
(a) Authority.
(b) Data systems.
(c) Screening techniques.
(d) Monitoring.
(e) Basic research.
(f) Training.
(g) Exchange of research and development results.
2610. Inspections and subpoenas.
(a) In general.
(b) Scope.
(c) Subpoenas.
2611. Exports.
(a) In general.
(b) Notice.
2612. Entry into customs territory of the United States.
(a) In general.
(b) Rules.
2613. Disclosure of data.
(a) In general.
(b) Data from health and safety studies.
(c) Designation and release of confidential data.
(d) Criminal penalty for wrongful disclosure.
(e) Access by Congress.
2614. Prohibited acts.
2615. Penalties.
(a) Civil.
(b) Criminal.
2616. Specific enforcement and seizure.
(a) Specific enforcement.
(b) Seizure.
2617. Preemption.
(a) Effect on State law.
(b) Exemption.
2618. Judicial review.
(a) In general.
(b) Additional submissions and presentations;
modifications.
(c) Standard of review.
(d) Fees and costs.
(e) Other remedies.
2619. Citizens' civil actions.
(a) In general.
(b) Limitation.
(c) General.
(d) Consolidation.
2620. Citizens' petitions.
(a) In general.
(b) Procedures.
2621. National defense waiver.
2622. Employee protection.
(a) In general.
(b) Remedy.
(c) Review.
(d) Enforcement.
(e) Exclusion.
2623. Employment effects.
(a) In general.
(b) Investigations.
2624. Studies.
(a) Indemnification study.
(b) Classification, storage, and retrieval study.
2625. Administration.
(a) Cooperation of Federal agencies.
(b) Fees.
(c) Action with respect to categories.
(d) Assistance office.
(e) Financial disclosures.
(f) Statement of basis and purpose.
(g) Assistant Administrator.
2626. Development and evaluation of test methods.
(a) In general.
(b) Approval by Secretary.
2627. State programs.
(a) In general.
(b) Approval by Administrator.
(c) Annual reports.
(d) Authorization.
2628. Authorization of appropriations.
2629. Annual report.
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
2641. Congressional findings and purpose.
(a) Findings.
(b) Purpose.
2642. Definitions.
2643. EPA regulations.
(a) In general.
(b) Inspection.
(c) Circumstances requiring response actions.
(d) Response actions.
(e) Implementation.
(f) Operations and maintenance.
(g) Periodic surveillance.
(h) Transportation and disposal.
(i) Management plans.
(j) Changes in regulations.
(k) Changes in guidance document.
(l) Treatment of Department of Defense schools.
(m) Waiver.
2644. Requirements if EPA fails to promulgate regulations.
(a) In general.
(b) Inspection.
(c) Operation and maintenance.
(d) Management plan.
(e) Building occupant protection.
(f) Transportation and disposal.
2645. Submission to State Governor.
(a) Submission.
(b) Governor requirements.
(c) Management plan review.
(d) Deferral of submission.
(e) Status reports.
2646. Contractor and laboratory accreditation.
(a) Contractor accreditation.
(b) Accreditation by State.
(c) Accreditation by Administrator-approved course.
(d) Laboratory accreditation.
(e) Financial assistance contingent on use of
accredited persons.
(f) List of EPA-approved courses.
2647. Enforcement.
(a) Penalties.
(b) Relationship to subchapter I of this chapter.
(c) Enforcement considerations.
(d) Citizen complaints.
(e) Citizen petitions.
(f) Citizen civil actions with respect to EPA
regulations.
(g) Failure to attain accreditation; penalty.
2648. Emergency authority.
(a) Emergency action.
(b) Injunctive relief.
2649. State and Federal law.
(a) No preemption.
(b) Cost and damage awards.
(c) State may establish more requirements.
(d) No Federal cause of action.
(e) Intent of Congress.
2650. Asbestos contractors and local educational agencies.
(a) Study.
(b) State action.
2651. Public protection.
(a) Public protection.
(b) Labor Department review.
2652. Asbestos Ombudsman.
(a) Appointment.
(b) Duties.
2653. EPA Study of asbestos-containing material in public
buildings.
2654. Transitional rules.
2655. Worker protection.
(a) Prohibition on certain activities.
(b) Employee training and equipment.
(c) ''Emergency repair'' defined.
2656. Training grants.
(a) Grants.
(b) Authorization.
SUBCHAPTER III - INDOOR RADON ABATEMENT
2661. National goal.
2662. Definitions.
2663. EPA citizen's guide.
(a) Publication.
(b) Information included.
2664. Model construction standards and techniques.
2665. Technical assistance to States for radon programs.
(a) Required activities.
(b) Discretionary assistance.
(c) Information provided to professional
organizations.
(d) Proficiency rating program and training seminar.
(e) Authorization.
2666. Grant assistance to States for radon programs.
(a) In general.
(b) Application.
(c) Eligible activities.
(d) Preference to certain States.
(e) Priority activities and projects.
(f) Federal share.
(g) Assistance to local governments.
(h) Information.
(i) Limitations.
(j) Authorization.
2667. Radon in schools.
(a) Study of radon in schools.
(b) Authorization.
2668. Regional radon training centers.
(a) Funding program.
(b) Purpose of centers.
(c) Applications.
(d) Selection criteria.
(e) Termination of funding.
(f) Authorization.
2669. Study of radon in Federal buildings.
(a) Study requirement.
(b) High-risk Federal buildings.
(c) Study designs.
(d) Information on risks and testing.
(e) Study deadline.
(f) Report to Congress.
2670. Regulations.
2671. Additional authorizations.
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
2681. Definitions.
2682. Lead-based paint activities training and certification.
(a) Regulations.
(b) Lead-based paint activities.
(c) Renovation and remodeling.
2683. Identification of dangerous levels of lead.
2684. Authorized State programs.
(a) Approval.
(b) Approval or disapproval.
(c) Withdrawal of authorization.
(d) Model State program.
(e) Other State requirements.
(f) State and local certification.
(g) Grants to States.
(h) Enforcement by Administrator.
2685. Lead abatement and measurement.
(a) Program to promote lead exposure abatement.
(b) Standards for environmental sampling
laboratories.
(c) Exposure studies.
(d) Public education.
(e) Technical assistance.
(f) Products for lead-based paint activities.
2686. Lead hazard information pamphlet.
(a) Lead hazard information pamphlet.
(b) Renovation of target housing.
2687. Regulations.
2688. Control of lead-based paint hazards at Federal facilities.
2689. Prohibited acts.
2690. Relationship to other Federal law.
2691. General provisions relating to administrative proceedings.
(a) Applicability.
(b) Rulemaking docket.
(c) Inspection and copying.
(d) Explanation.
(e) Judicial review.
(f) Effective date.
2692. Authorization of appropriations.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 10 section 2704; title 16
section 460lll; title 21 section 346a; title 42 sections 4365,
4852d, 6911a, 7412, 9601, 9604, 9621, 9628.
-CITE-
15 USC SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES 01/06/03
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
.
-HEAD-
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 2647, 2654 of this
title.
-CITE-
15 USC Sec. 2601 01/06/03
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2601. Findings, policy, and intent
-STATUTE-
(a) Findings
The Congress finds that -
(1) human beings and the environment are being exposed each
year to a large number of chemical substances and mixtures;
(2) among the many chemical substances and mixtures which are
constantly being developed and produced, there are some whose
manufacture, processing, distribution in commerce, use, or
disposal may present an unreasonable risk of injury to health or
the environment; and
(3) the effective regulation of interstate commerce in such
chemical substances and mixtures also necessitates the regulation
of intrastate commerce in such chemical substances and mixtures.
(b) Policy
It is the policy of the United States that -
(1) adequate data should be developed with respect to the
effect of chemical substances and mixtures on health and the
environment and that the development of such data should be the
responsibility of those who manufacture and those who process
such chemical substances and mixtures;
(2) adequate authority should exist to regulate chemical
substances and mixtures which present an unreasonable risk of
injury to health or the environment, and to take action with
respect to chemical substances and mixtures which are imminent
hazards; and
(3) authority over chemical substances and mixtures should be
exercised in such a manner as not to impede unduly or create
unnecessary economic barriers to technological innovation while
fulfilling the primary purpose of this chapter to assure that
such innovation and commerce in such chemical substances and
mixtures do not present an unreasonable risk of injury to health
or the environment.
(c) Intent of Congress
It is the intent of Congress that the Administrator shall carry
out this chapter in a reasonable and prudent manner, and that the
Administrator shall consider the environmental, economic, and
social impact of any action the Administrator takes or proposes to
take under this chapter.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 2, Oct. 11, 1976, 90 Stat. 2003;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-MISC1-
EFFECTIVE DATE
Section 31 of title I of Pub. L. 94-469; renumbered title I, Pub.
L. 99-519, Sec. 3(c), Oct. 22, 1986, 100 Stat. 2989, provided that:
''Except as provided in section 4(f) (section 2603(f) of this
title), this Act (enacting this chapter) shall take effect on
January 1, 1977.''
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-550, title X, Sec. 1021(c), Oct. 28, 1992, 106 Stat.
3924, provided that: ''This subtitle (subtitle B (Sec. 1021) of
title X of Pub. L. 102-550, enacting sections 2681 to 2692 of this
title and amending sections 2606, 2610, 2612, 2615, 2616, 2618, and
2619 of this title) may be cited as the 'Lead-Based Paint Exposure
Reduction Act'.''
SHORT TITLE OF 1986 AMENDMENT
Section 1 of Pub. L. 99-519 provided that: ''This Act (enacting
sections 2641 to 2654 of this title and section 4022 of Title 20,
Education, amending sections 2614, 2618, and 2619 of this title and
sections 4014 and 4021 of Title 20, and enacting provisions set out
as a note under section 4014 of Title 20) may be cited as the
'Asbestos Hazard Emergency Response Act of 1986'.''
SHORT TITLE
Section 1 of title I of Pub. L. 94-469; renumbered title I, Pub.
L. 99-519, Sec. 3(c), Oct. 22, 1986, 100 Stat. 2989, provided that:
''This Act (enacting this chapter and provisions set out as notes
under this section) may be cited as the 'Toxic Substances Control
Act'.''
FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
set out as a note under section 4321 of Title 42, The Public Health
and Welfare.
-CITE-
15 USC Sec. 2602 01/06/03
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2602. Definitions
-STATUTE-
As used in this chapter:
(1) the (FOOTNOTE 1) term ''Administrator'' means the
Administrator of the Environmental Protection Agency.
(FOOTNOTE 1) So in original. Probably should be capitalized.
(2)(A) Except as provided in subparagraph (B), the term
''chemical substance'' means any organic or inorganic substance of
a particular molecular identity, including -
(i) any combination of such substances occurring in whole or in
part as a result of a chemical reaction or occurring in nature
and
(ii) any element or uncombined radical.
(B) Such term does not include -
(i) any mixture,
(ii) any pesticide (as defined in the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.)) when
manufactured, processed, or distributed in commerce for use as a
pesticide,
(iii) tobacco or any tobacco product,
(iv) any source material, special nuclear material, or
byproduct material (as such terms are defined in the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) and regulations
issued under such Act),
(v) any article the sale of which is subject to the tax imposed
by section 4181 of the Internal Revenue Code of 1986 (26 U.S.C.
4181) (determined without regard to any exemptions from such tax
provided by section 4182 or 4221 or any other provision of such
Code), and
(vi) any food, food additive, drug, cosmetic, or device (as
such terms are defined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321)) when manufactured, processed,
or distributed in commerce for use as a food, food additive,
drug, cosmetic, or device.
The term ''food'' as used in clause (vi) of this subparagraph
includes poultry and poultry products (as defined in sections 4(e)
and 4(f) of the Poultry Products Inspection Act (21 U.S.C. 453(e)
and (f))), meat and meat food products (as defined in section 1(j)
of the Federal Meat Inspection Act (21 U.S.C. 601(j))), and eggs
and egg products (as defined in section 4 of the Egg Products
Inspection Act (21 U.S.C. 1033)).
(3) The term ''commerce'' means trade, traffic, transportation,
or other commerce (A) between a place in a State and any place
outside of such State, or (B) which affects trade, traffic,
transportation, or commerce described in clause (A).
(4) The terms ''distribute in commerce'' and ''distribution in
commerce'' when used to describe an action taken with respect to a
chemical substance or mixture or article containing a substance or
mixture mean to sell, or the sale of, the substance, mixture, or
article in commerce; to introduce or deliver for introduction into
commerce, or the introduction or delivery for introduction into
commerce of, the substance, mixture, or article; or to hold, or the
holding of, the substance, mixture, or article after its
introduction into commerce.
(5) The term ''environment'' includes water, air, and land and
the interrelationship which exists among and between water, air,
and land and all living things.
(6) The term ''health and safety study'' means any study of any
effect of a chemical substance or mixture on health or the
environment or on both, including underlying data and
epidemiological studies, studies of occupational exposure to a
chemical substance or mixture, toxicological, clinical, and
ecological studies of a chemical substance or mixture, and any test
performed pursuant to this chapter.
(7) The term ''manufacture'' means to import into the customs
territory of the United States (as defined in general note 2 of the
Harmonized Tariff Schedule of the United States), produce, or
manufacture.
(8) The term ''mixture'' means any combination of two or more
chemical substances if the combination does not occur in nature and
is not, in whole or in part, the result of a chemical reaction;
except that such term does include any combination which occurs, in
whole or in part, as a result of a chemical reaction if none of the
chemical substances comprising the combination is a new chemical
substance and if the combination could have been manufactured for
commercial purposes without a chemical reaction at the time the
chemical substances comprising the combination were combined.
(9) The term ''new chemical substance'' means any chemical
substance which is not included in the chemical substance list
compiled and published under section 2607(b) of this title.
(10) The term ''process'' means the preparation of a chemical
substance or mixture, after its manufacture, for distribution in
commerce -
(A) in the same form or physical state as, or in a different
form or physical state from, that in which it was received by the
person so preparing such substance or mixture, or
(B) as part of an article containing the chemical substance or
mixture.
(11) The term ''processor'' means any person who processes a
chemical substance or mixture.
(12) The term ''standards for the development of test data''
means a prescription of -
(A) the -
(i) health and environmental effects, and
(ii) information relating to toxicity, persistence, and other
characteristics which affect health and the environment,
for which test data for a chemical substance or mixture are to be
developed and any analysis that is to be performed on such data,
and
(B) to the extent necessary to assure that data respecting such
effects and characteristics are reliable and adequate -
(i) the manner in which such data are to be developed,
(ii) the specification of any test protocol or methodology to
be employed in the development of such data, and
(iii) such other requirements as are necessary to provide
such assurance.
(13) The term ''State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana
Islands, or any other territory or possession of the United States.
(14) The term ''United States'', when used in the geographic
sense, means all of the States.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 3, Oct. 11, 1976, 90 Stat. 2004;
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; renumbered
title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 Stat.
2989; Pub. L. 100-418, title I, Sec. 1214(e)(1), Aug. 23, 1988, 102
Stat. 1156.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Insecticide, Fungicide, and Rodenticide Act, referred
to in par. (2)(B)(ii), is act June 25, 1947, ch. 125, as amended
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is
classified generally to subchapter II (Sec. 136 et seq.) of chapter
6 of Title 7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section 136 of
Title 7 and Tables.
The Atomic Energy Act of 1954, referred to in par. (2)(B)(iv), is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
Sec. 1, 68 Stat. 921, and amended, which is classified generally to
chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of Title 42 and Tables.
The Harmonized Tariff Schedule of the United States, referred to
in par. (7), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title
19, Customs Duties.
For definition of Canal Zone, Governor of the Canal Zone, and
Panama Canal Company, referred to in par. (13), see section 3602(b)
of Title 22, Foreign Relations and Intercourse.
-MISC2-
AMENDMENTS
1988 - Par. (7). Pub. L. 100-418 substituted ''general note 2 of
the Harmonized Tariff Schedule of the United States'' for ''general
headnote 2 of the Tariff Schedules of the United States''.
1986 - Par. (2)(B)(v). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and
applicable with respect to articles entered on or after such date,
see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
Date note under section 3001 of Title 19, Customs Duties.
-CITE-
15 USC Sec. 2603 01/06/03
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2603. Testing of chemical substances and mixtures
-STATUTE-
(a) Testing requirements
If the Administrator finds that -
(1)(A)(i) the manufacture, distribution in commerce,
processing, use, or disposal of a chemical substance or mixture,
or that any combination of such activities, may present an
unreasonable risk of injury to health or the environment,
(ii) there are insufficient data and experience upon which the
effects of such manufacture, distribution in commerce,
processing, use, or disposal of such substance or mixture or of
any combination of such activities on health or the environment
can reasonably be determined or predicted, and
(iii) testing of such substance or mixture with respect to such
effects is necessary to develop such data; or
(B)(i) a chemical substance or mixture is or will be produced
in substantial quantities, and (I) it enters or may reasonably be
anticipated to enter the environment in substantial quantities or
(II) there is or may be significant or substantial human exposure
to such substance or mixture,
(ii) there are insufficient data and experience upon which the
effects of the manufacture, distribution in commerce, processing,
use, or disposal of such substance or mixture or of any
combination of such activities on health or the environment can
reasonably be determined or predicted, and
(iii) testing of such substance or mixture with respect to such
effects is necessary to develop such data; and
(2) in the case of a mixture, the effects which the mixture's
manufacture, distribution in commerce, processing, use, or
disposal or any combination of such activities may have on health
or the environment may not be reasonably and more efficiently
determined or predicted by testing the chemical substances which
comprise the mixture;
the Administrator shall by rule require that testing be conducted
on such substance or mixture to develop data with respect to the
health and environmental effects for which there is an
insufficiency of data and experience and which are relevant to a
determination that the manufacture, distribution in commerce,
processing, use, or disposal of such substance or mixture, or that
any combination of such activities, does or does not present an
unreasonable risk of injury to health or the environment.
(b) Testing requirement rule
(1) A rule under subsection (a) of this section shall include -
(A) identification of the chemical substance or mixture for
which testing is required under the rule,
(B) standards for the development of test data for such
substance or mixture, and
(C) with respect to chemical substances which are not new
chemical substances and to mixtures, a specification of the
period (which period may not be of unreasonable duration) within
which the persons required to conduct the testing shall submit to
the Administrator data developed in accordance with the standards
referred to in subparagraph (B).
In determining the standards and period to be included, pursuant to
subparagraphs (B) and (C), in a rule under subsection (a) of this
section, the Administrator's considerations shall include the
relative costs of the various test protocols and methodologies
which may be required under the rule and the reasonably foreseeable
availability of the facilities and personnel needed to perform the
testing required under the rule. Any such rule may require the
submission to the Administrator of preliminary data during the
period prescribed under subparagraph (C).
(2)(A) The health and environmental effects for which standards
for the development of test data may be prescribed include
carcinogenesis, mutagenesis, teratogenesis, behavioral disorders,
cumulative or synergistic effects, and any other effect which may
present an unreasonable risk of injury to health or the
environment. The characteristics of chemical substances and
mixtures for which such standards may be prescribed include
persistence, acute toxicity, subacute toxicity, chronic toxicity,
and any other characteristic which may present such a risk. The
methodologies that may be prescribed in such standards include
epidemiologic studies, serial or hierarchical tests, in vitro
tests, and whole animal tests, except that before prescribing
epidemiologic studies of employees, the Administrator shall consult
with the Director of the National Institute for Occupational Safety
and Health.
(B) From time to time, but not less than once each 12 months, the
Administrator shall review the adequacy of the standards for
development of data prescribed in rules under subsection (a) of
this section and shall, if necessary, institute proceedings to make
appropriate revisions of such standards.
(3)(A) A rule under subsection (a) of this section respecting a
chemical substance or mixture shall require the persons described
in subparagraph (B) to conduct tests and submit data to the
Administrator on such substance or mixture, except that the
Administrator may permit two or more of such persons to designate
one such person or a qualified third party to conduct such tests
and submit such data on behalf of the persons making the
designation.
(B) The following persons shall be required to conduct tests and
submit data on a chemical substance or mixture subject to a rule
under subsection (a) of this section:
(i) Each person who manufactures or intends to manufacture such
substance or mixture if the Administrator makes a finding
described in subsection (a)(1)(A)(ii) or (a)(1)(B)(ii) of this
section with respect to the manufacture of such substance or
mixture.
(ii) Each person who processes or intends to process such
substance or mixture if the Administrator makes a finding
described in subsection (a)(1)(A)(ii) or (a)(1)(B)(ii) of this
section with respect to the processing of such substance or
mixture.
(iii) Each person who manufactures or processes or intends to
manufacture or process such substance or mixture if the
Administrator makes a finding described in subsection
(a)(1)(A)(ii) or (a)(1)(B)(ii) of this section with respect to
the distribution in commerce, use, or disposal of such substance
or mixture.
(4) Any rule under subsection (a) of this section requiring the
testing of and submission of data for a particular chemical
substance or mixture shall expire at the end of the reimbursement
period (as defined in subsection (c)(3)(B) of this section) which
is applicable to test data for such substance or mixture unless the
Administrator repeals the rule before such date; and a rule under
subsection (a) of this section requiring the testing of and
submission of data for a category of chemical substances or
mixtures shall expire with respect to a chemical substance or
mixture included in the category at the end of the reimbursement
period (as so defined) which is applicable to test data for such
substance or mixture unless the Administrator before such date
repeals the application of the rule to such substance or mixture or
repeals the rule.
(5) Rules issued under subsection (a) of this section (and any
substantive amendment thereto or repeal thereof) shall be
promulgated pursuant to section 553 of title 5 except that (A) the
Administrator shall give interested persons an opportunity for the
oral presentation of data, views, or arguments, in addition to an
opportunity to make written submissions; (B) a transcript shall be
made of any oral presentation; and (C) the Administrator shall make
and publish with the rule the findings described in paragraph
(1)(A) or (1)(B) of subsection (a) of this section and, in the case
of a rule respecting a mixture, the finding described in paragraph
(2) of such subsection.
(c) Exemption
(1) Any person required by a rule under subsection (a) of this
section to conduct tests and submit data on a chemical substance or
mixture may apply to the Administrator (in such form and manner as
the Administrator shall prescribe) for an exemption from such
requirement.
(2) If, upon receipt of an application under paragraph (1), the
Administrator determines that -
(A) the chemical substance or mixture with respect to which
such application was submitted is equivalent to a chemical
substance or mixture for which data has been submitted to the
Administrator in accordance with a rule under subsection (a) of
this section or for which data is being developed pursuant to
such a rule, and
(B) submission of data by the applicant on such substance or
mixture would be duplicative of data which has been submitted to
the Administrator in accordance with such rule or which is being
developed pursuant to such rule,
the Administrator shall exempt, in accordance with paragraph (3) or
(4), the applicant from conducting tests and submitting data on
such substance or mixture under the rule with respect to which such
application was submitted.
(3)(A) If the exemption under paragraph (2) of any person from
the requirement to conduct tests and submit test data on a chemical
substance or mixture is granted on the basis of the existence of
previously submitted test data and if such exemption is granted
during the reimbursement period for such test data (as prescribed
by subparagraph (B)), then (unless such person and the persons
referred to in clauses (i) and (ii) agree on the amount and method
of reimbursement) the Administrator shall order the person granted
the exemption to provide fair and equitable reimbursement (in an
amount determined under rules of the Administrator) -
(i) to the person who previously submitted such test data, for
a portion of the costs incurred by such person in complying with
the requirement to submit such data, and
(ii) to any other person who has been required under this
subparagraph to contribute with respect to such costs, for a
portion of the amount such person was required to contribute.
In promulgating rules for the determination of fair and equitable
reimbursement to the persons described in clauses (i) and (ii) for
costs incurred with respect to a chemical substance or mixture, the
Administrator shall, after consultation with the Attorney General
and the Federal Trade Commission, consider all relevant factors,
including the effect on the competitive position of the person
required to provide reimbursement in relation to the person to be
reimbursed and the share of the market for such substance or
mixture of the person required to provide reimbursement in relation
to the share of such market of the persons to be reimbursed. An
order under this subparagraph shall, for purposes of judicial
review, be considered final agency action.
(B) For purposes of subparagraph (A), the reimbursement period
for any test data for a chemical substance or mixture is a period -
(i) beginning on the date such data is submitted in accordance
with a rule promulgated under subsection (a) of this section, and
(ii) ending -
(I) five years after the date referred to in clause (i), or
(II) at the expiration of a period which begins on the date
referred to in clause (i) and which is equal to the period
which the Administrator determines was necessary to develop
such data,
whichever is later.
(4)(A) If the exemption under paragraph (2) of any person from
the requirement to conduct tests and submit test data on a chemical
substance or mixture is granted on the basis of the fact that test
data is being developed by one or more persons pursuant to a rule
promulgated under subsection (a) of this section, then (unless such
person and the persons referred to in clauses (i) and (ii) agree on
the amount and method of reimbursement) the Administrator shall
order the person granted the exemption to provide fair and
equitable reimbursement (in an amount determined under rules of the
Administrator) -
(i) to each such person who is developing such test data, for a
portion of the costs incurred by each such person in complying
with such rule, and
(ii) to any other person who has been required under this
subparagraph to contribute with respect to the costs of complying
with such rule, for a portion of the amount such person was
required to contribute.
In promulgating rules for the determination of fair and equitable
reimbursement to the persons described in clauses (i) and (ii) for
costs incurred with respect to a chemical substance or mixture, the
Administrator shall, after consultation with the Attorney General
and the Federal Trade Commission, consider the factors described in
the second sentence of paragraph (3)(A). An order under this
subparagraph shall, for purposes of judicial review, be considered
final agency action.
(B) If any exemption is granted under paragraph (2) on the basis
of the fact that one or more persons are developing test data
pursuant to a rule promulgated under subsection (a) of this section
and if after such exemption is granted the Administrator determines
that no such person has complied with such rule, the Administrator
shall (i) after providing written notice to the person who holds
such exemption and an opportunity for a hearing, by order terminate
such exemption, and (ii) notify in writing such person of the
requirements of the rule with respect to which such exemption was
granted.
(d) Notice
Upon the receipt of any test data pursuant to a rule under
subsection (a) of this section, the Administrator shall publish a
notice of the receipt of such data in the Federal Register within
15 days of its receipt. Subject to section 2613 of this title,
each such notice shall (1) identify the chemical substance or
mixture for which data have been received; (2) list the uses or
intended uses of such substance or mixture and the information
required by the applicable standards for the development of test
data; and (3) describe the nature of the test data developed.
Except as otherwise provided in section 2613 of this title, such
data shall be made available by the Administrator for examination
by any person.
(e) Priority list
(1)(A) There is established a committee to make recommendations
to the Administrator respecting the chemical substances and
mixtures to which the Administrator should give priority
consideration for the promulgation of a rule under subsection (a)
of this section. In making such a recommendation with respect to
any chemical substance or mixture, the committee shall consider all
relevant factors, including -
(i) the quantities in which the substance or mixture is or will
be manufactured,
(ii) the quantities in which the substance or mixture enters or
will enter the environment,
(iii) the number of individuals who are or will be exposed to
the substance or mixture in their places of employment and the
duration of such exposure,
(iv) the extent to which human beings are or will be exposed to
the substance or mixture,
(v) the extent to which the substance or mixture is closely
related to a chemical substance or mixture which is known to
present an unreasonable risk of injury to health or the
environment,
(vi) the existence of data concerning the effects of the
substance or mixture on health or the environment,
(vii) the extent to which testing of the substance or mixture
may result in the development of data upon which the effects of
the substance or mixture on health or the environment can
reasonably be determined or predicted, and
(viii) the reasonably foreseeable availability of facilities
and personnel for performing testing on the substance or mixture.
The recommendations of the committee shall be in the form of a list
of chemical substances and mixtures which shall be set forth,
either by individual substance or mixture or by groups of
substances or mixtures, in the order in which the committee
determines the Administrator should take action under subsection
(a) of this section with respect to the substances and mixtures.
In establishing such list, the committee shall give priority
attention to those chemical substances and mixtures which are known
to cause or contribute to or which are suspected of causing or
contributing to cancer, gene mutations, or birth defects. The
committee shall designate chemical substances and mixtures on the
list with respect to which the committee determines the
Administrator should, within 12 months of the date on which such
substances and mixtures are first designated, initiate a proceeding
under subsection (a) of this section. The total number of chemical
substances and mixtures on the list which are designated under the
preceding sentence may not, at any time, exceed 50.
(B) As soon as practicable but not later than nine months after
January 1, 1977, the committee shall publish in the Federal
Register and transmit to the Administrator the list and
designations required by subparagraph (A) together with the reasons
for the committee's inclusion of each chemical substance or mixture
on the list. At least every six months after the date of the
transmission to the Administrator of the list pursuant to the
preceeding (FOOTNOTE 1) sentence, the committee shall make such
previsions in the list as it determines to be necessary and shall
transmit them to the Administrator together with the committee's
reasons for the revisions. Upon receipt of any such revision, the
Administrator shall publish in the Federal Register the list with
such revision, the reasons for such revision, and the designations
made under subparagraph (A). The Administrator shall provide
reasonable opportunity to any interested person to file with the
Administrator written comments on the committee's list, any
revision of such list by the committee, and designations made by
the committee, and shall make such comments available to the
public. Within the 12-month period beginning on the date of the
first inclusion on the list of a chemical substance or mixture
designated by the committee under subparagraph (A) the
Administrator shall with respect to such chemical substance or
mixture either initiate a rulemaking proceeding under subsection
(a) of this section or if such a proceeding is not initiated within
such period, publish in the Federal Register the Administrator's
reason for not initiating such a proceeding.
(FOOTNOTE 1) So in original. Probably should be ''preceding''.
(2)(A) The committee established by paragraph (1)(A) shall
consist of eight members as follows:
(i) One member appointed by the Administrator from the
Environmental Protection Agency.
(ii) One member appointed by the Secretary of Labor from
officers or employees of the Department of Labor engaged in the
Secretary's activities under the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.).
(iii) One member appointed by the Chairman of the Council on
Environmental Quality from the Council or its officers or
employees.
(iv) One member appointed by the Director of the National
Institute for Occupational Safety and Health from officers or
employees of the Institute.
(v) One member appointed by the Director of the National
Institute of Environmental Health Sciences from officers or
employees of the Institute.
(vi) One member appointed by the Director of the National
Cancer Institute from officers or employees of the Institute.
(vii) One member appointed by the Director of the National
Science Foundation from officers or employees of the Foundation.
(viii) One member appointed by the Secretary of Commerce from
officers or employees of the Department of Commerce.
(B)(i) An appointed member may designate an individual to serve
on the committee on the member's behalf. Such a designation may be
made only with the approval of the applicable appointing authority
and only if the individual is from the entity from which the member
was appointed.
(ii) No individual may serve as a member of the committee for
more than four years in the aggregate. If any member of the
committee leaves the entity from which the member was appointed,
such member may not continue as a member of the committee, and the
member's position shall be considered to be vacant. A vacancy in
the committee shall be filled in the same manner in which the
original appointment was made.
(iii) Initial appointments to the committee shall be made not
later than the 60th day after January 1, 1977. Not later than the
90th day after such date the members of the committee shall hold a
meeting for the selection of a chairperson from among their number.
(C)(i) No member of the committee, or designee of such member,
shall accept employment or compensation from any person subject to
any requirement of this chapter or of any rule promulgated or order
issued thereunder, for a period of at least 12 months after
termination of service on the committee.
(ii) No person, while serving as a member of the committee, or
designee of such member, may own any stocks or bonds, or have any
pecuniary interest, of substantial value in any person engaged in
the manufacture, processing, or distribution in commerce of any
chemical substance or mixture subject to any requirement of this
chapter or of any rule promulgated or order issued thereunder.
(iii) The Administrator, acting through attorneys of the
Environmental Protection Agency, or the Attorney General may bring
an action in the appropriate district court of the United States to
restrain any violation of this subparagraph.
(D) The Administrator shall provide the committee such
administrative support services as may be necessary to enable the
committee to carry out its function under this subsection.
(f) Required actions
Upon the receipt of -
(1) any test data required to be submitted under this chapter,
or
(2) any other information available to the Administrator,
which indicates to the Administrator that there may be a reasonable
basis to conclude that a chemical substance or mixture presents or
will present a significant risk of serious or widespread harm to
human beings from cancer, gene mutations, or birth defects, the
Administrator shall, within the 180-day period beginning on the
date of the receipt of such data or information, initiate
appropriate action under section 2604, 2605, or 2606 of this title
to prevent or reduce to a sufficient extent such risk or publish in
the Federal Register a finding that such risk is not unreasonable.
For good cause shown the Administrator may extend such period for
an additional period of not more than 90 days. The Administrator
shall publish in the Federal Register notice of any such extension
and the reasons therefor. A finding by the Administrator that a
risk is not unreasonable shall be considered agency action for
purposes of judicial review under chapter 7 of title 5. This
subsection shall not take effect until two years after January 1,
1977.
(g) Petition for standards for the development of test data
A person intending to manufacture or process a chemical substance
for which notice is required under section 2604(a) of this title
and who is not required under a rule under subsection (a) of this
section to conduct tests and submit data on such substance may
petition the Administrator to prescribe standards for the
development of test data for such substance. The Administrator
shall by order either grant or deny any such petition within 60
days of its receipt. If the petition is granted, the Administrator
shall prescribe such standards for such substance within 75 days of
the date the petition is granted. If the petition is denied, the
Administrator shall publish, subject to section 2613 of this title,
in the Federal Register the reasons for such denial.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 4, Oct. 11, 1976, 90 Stat. 2006;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-REFTEXT-
REFERENCES IN TEXT
The Occupational Safety and Health Act of 1970, referred to in
text, is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as amended,
which is classified principally to chapter 15 (Sec. 651 et seq.) of
Title 29, Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 651 of Title 29
and Tables.
-MISC2-
EFFECTIVE DATE
Section effective Jan. 1, 1977, except as provided in subsec. (f)
of this section, see section 31 of Pub. L. 94-469, set out as a
note under section 2601 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2604, 2606, 2607, 2611,
2613, 2614, 2617 to 2620, 2623, 2625, 2626, 2630 of this title;
title 21 section 346a; title 42 section 9604.
-CITE-
15 USC Sec. 2604 01/06/03
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2604. Manufacturing and processing notices
-STATUTE-
(a) In general
(1) Except as provided in subsection (h) of this section, no
person may -
(A) manufacture a new chemical substance on or after the 30th
day after the date on which the Administrator first publishes the
list required by section 2607(b) of this title, or
(B) manufacture or process any chemical substance for a use
which the Administrator has determined, in accordance with
paragraph (2), is a significant new use,
unless such person submits to the Administrator, at least 90 days
before such manufacture or processing, a notice, in accordance with
subsection (d) of this section, of such person's intention to
manufacture or process such substance and such person complies with
any applicable requirement of subsection (b) of this section.
(2) A determination by the Administrator that a use of a chemical
substance is a significant new use with respect to which
notification is required under paragraph (1) shall be made by a
rule promulgated after a consideration of all relevant factors,
including -
(A) the projected volume of manufacturing and processing of a
chemical substance,
(B) the extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical
substance,
(C) the extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a
chemical substance, and
(D) the reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal
of a chemical substance.
(b) Submission of test data
(1)(A) If (i) a person is required by subsection (a)(1) of this
section to submit a notice to the Administrator before beginning
the manufacture or processing of a chemical substance, and (ii)
such person is required to submit test data for such substance
pursuant to a rule promulgated under section 2603 of this title
before the submission of such notice, such person shall submit to
the Administrator such data in accordance with such rule at the
time notice is submitted in accordance with subsection (a)(1) of
this section.
(B) If -
(i) a person is required by subsection (a)(1) of this section
to submit a notice to the Administrator, and
(ii) such person has been granted an exemption under section
2603(c) of this title from the requirements of a rule promulgated
under section 2603 of this title before the submission of such
notice,
such person may not, before the expiration of the 90 day period
which begins on the date of the submission in accordance with such
rule of the test data the submission or development of which was
the basis for the exemption, manufacture such substance if such
person is subject to subsection (a)(1)(A) of this section or
manufacture or process such substance for a significant new use if
the person is subject to subsection (a)(1)(B) of this section.
(2)(A) If a person -
(i) is required by subsection (a)(1) of this section to submit
a notice to the Administrator before beginning the manufacture or
processing of a chemical substance listed under paragraph (4),
and
(ii) is not required by a rule promulgated under section 2603
of this title before the submission of such notice to submit test
data for such substance,
such person shall submit to the Administrator data prescribed by
subparagraph (B) at the time notice is submitted in accordance with
subsection (a)(1) of this section.
(B) Data submitted pursuant to subparagraph (A) shall be data
which the person submitting the data believes show that -
(i) in the case of a substance with respect to which notice is
required under subsection (a)(1)(A) of this section, the
manufacture, processing, distribution in commerce, use, and
disposal of the chemical substance or any combination of such
activities will not present an unreasonable risk of injury to
health or the environment, or
(ii) in the case of a chemical substance with respect to which
notice is required under subsection (a)(1)(B) of this section,
the intended significant new use of the chemical substance will
not present an unreasonable risk of injury to health or the
environment.
(3) Data submitted under paragraph (1) or (2) shall be made
available, subject to section 2613 of this title, for examination
by interested persons.
(4)(A)(i) The Administrator may, by rule, compile and keep
current a list of chemical substances with respect to which the
Administrator finds that the manufacture, processing, distribution
in commerce, use, or disposal, or any combination of such
activities, presents or may present an unreasonable risk of injury
to health or the environment.
(ii) In making a finding under clause (i) that the manufacture,
processing, distribution in commerce, use, or disposal of a
chemical substance or any combination of such activities presents
or may present an unreasonable risk of injury to health or the
environment, the Administrator shall consider all relevant factors,
including -
(I) the effects of the chemical substance on health and the
magnitude of human exposure to such substance; and
(II) the effects of the chemical substance on the environment
and the magnitude of environmental exposure to such substance.
(B) The Administrator shall, in prescribing a rule under
subparagraph (A) which lists any chemical substance, identify those
uses, if any, which the Administrator determines, by rule under
subsection (a)(2) of this section, would constitute a significant
new use of such substance.
(C) Any rule under subparagraph (A), and any substantive
amendment or repeal of such a rule, shall be promulgated pursuant
to the procedures specified in section 553 of title 5, except that
(i) the Administrator shall give interested persons an opportunity
for the oral presentation of data, views, or arguments, in addition
to an opportunity to make written submissions, (ii) a transcript
shall be kept of any oral presentation, and (iii) the Administrator
shall make and publish with the rule the finding described in
subparagraph (A).
(c) Extension of notice period
The Administrator may for good cause extend for additional
periods (not to exceed in the aggregate 90 days) the period,
prescribed by subsection (a) or (b) of this section before which
the manufacturing or processing of a chemical substance subject to
such subsection may begin. Subject to section 2613 of this title,
such an extension and the reasons therefor shall be published in
the Federal Register and shall constitute a final agency action
subject to judicial review.
(d) Content of notice; publications in the Federal Register
(1) The notice required by subsection (a) of this section shall
include -
(A) insofar as known to the person submitting the notice or
insofar as reasonably ascertainable, the information described in
subparagraphs (A), (B), (C), (D), (F), and (G) of section
2607(a)(2) of this title, and
(B) in such form and manner as the Administrator may prescribe,
any test data in the possession or control of the person giving
such notice which are related to the effect of any manufacture,
processing, distribution in commerce, use, or disposal of such
substance or any article containing such substance, or of any
combination of such activities, on health or the environment, and
(C) a description of any other data concerning the
environmental and health effects of such substance, insofar as
known to the person making the notice or insofar as reasonably
ascertainable.
Such a notice shall be made available, subject to section 2613 of
this title, for examination by interested persons.
(2) Subject to section 2613 of this title, not later than five
days (excluding Saturdays, Sundays and legal holidays) after the
date of the receipt of a notice under subsection (a) of this
section or of data under subsection (b) of this section, the
Administrator shall publish in the Federal Register a notice which
-
(A) identifies the chemical substance for which notice or data
has been received;
(B) lists the uses or intended uses of such substance; and
(C) in the case of the receipt of data under subsection (b) of
this section, describes the nature of the tests performed on such
substance and any data which was developed pursuant to subsection
(b) of this section or a rule under section 2603 of this title.
A notice under this paragraph respecting a chemical substance shall
identify the chemical substance by generic class unless the
Administrator determines that more specific identification is
required in the public interest.
(3) At the beginning of each month the Administrator shall
publish a list in the Federal Register of (A) each chemical
substance for which notice has been received under subsection (a)
of this section and for which the notification period prescribed by
subsection (a), (b), or (c) of this section has not expired, and
(B) each chemical substance for which such notification period has
expired since the last publication in the Federal Register of such
list.
(e) Regulation pending development of information
(1)(A) If the Administrator determines that -
(i) the information available to the Administrator is
insufficient to permit a reasoned evaluation of the health and
environmental effects of a chemical substance with respect to
which notice is required by subsection (a) of this section; and
(ii)(I) in the absence of sufficient information to permit the
Administrator to make such an evaluation, the manufacture,
processing, distribution in commerce, use, or disposal of such
substance, or any combination of such activities, may present an
unreasonable risk of injury to health or the environment, or
(II) such substance is or will be produced in substantial
quantities, and such substance either enters or may reasonably be
anticipated to enter the environment in substantial quantities or
there is or may be significant or substantial human exposure to
the substance,
the Administrator may issue a proposed order, to take effect on the
expiration of the notification period applicable to the
manufacturing or processing of such substance under subsection (a),
(b), or (c) of this section, to prohibit or limit the manufacture,
processing, distribution in commerce, use, or disposal of such
substance or to prohibit or limit any combination of such
activities.
(B) A proposed order may not be issued under subparagraph (A)
respecting a chemical substance (i) later than 45 days before the
expiration of the notification period applicable to the manufacture
or processing of such substance under subsection (a), (b), or (c)
of this section, and (ii) unless the Administrator has, on or
before the issuance of the proposed order, notified, in writing,
each manufacturer or processor, as the case may be, of such
substance of the determination which underlies such order.
(C) If a manufacturer or processor of a chemical substance to be
subject to a proposed order issued under subparagraph (A) files
with the Administrator (within the 30-day period beginning on the
date such manufacturer or processor received the notice required by
subparagraph (B)(ii)) objections specifying with particularity the
provisions of the order deemed objectionable and stating the
grounds therefor, the proposed order shall not take effect.
(2)(A)(i) Except as provided in clause (ii), if with respect to a
chemical substance with respect to which notice is required by
subsection (a) of this section, the Administrator makes the
determination described in paragraph (1)(A) and if -
(I) the Administrator does not issue a proposed order under
paragraph (1) respecting such substance, or
(II) the Administrator issues such an order respecting such
substance but such order does not take effect because objections
were filed under paragraph (1)(C) with respect to it,
the Administrator, through attorneys of the Environmental
Protection Agency, shall apply to the United States District Court
for the District of Columbia or the United States district court
for the judicial district in which the manufacturer or processor,
as the case may be, of such substance is found, resides, or
transacts business for an injunction to prohibit or limit the
manufacture, processing, distribution in commerce, use, or disposal
of such substance (or to prohibit or limit any combination of such
activities).
(ii) If the Administrator issues a proposed order under paragraph
(1)(A) respecting a chemical substance but such order does not take
effect because objections have been filed under paragraph (1)(C)
with respect to it, the Administrator is not required to apply for
an injunction under clause (i) respecting such substance if the
Administrator determines, on the basis of such objections, that the
determinations under paragraph (1)(A) may not be made.
(B) A district court of the United States which receives an
application under subparagraph (A)(i) for an injunction respecting
a chemical substance shall issue such injunction if the court finds
that -
(i) the information available to the Administrator is
insufficient to permit a reasoned evaluation of the health and
environmental effects of a chemical substance with respect to
which notice is required by subsection (a) of this section; and
(ii)(I) in the absence of sufficient information to permit the
Administrator to make such an evaluation, the manufacture,
processing, distribution in commerce, use, or disposal of such
substance, or any combination of such activities, may present an
unreasonable risk of injury to health or the environment, or
(II) such substance is or will be produced in substantial
quantities, and such substance either enters or may reasonably be
anticipated to enter the environment in substantial quantities or
there is or may be significant or substantial human exposure to
the substance.
(C) Pending the completion of a proceeding for the issuance of an
injunction under subparagraph (B) respecting a chemical substance,
the court may, upon application of the Administrator made through
attorneys of the Environmental Protection Agency, issue a temporary
restraining order or a preliminary injunction to prohibit the
manufacture, processing, distribution in commerce, use, or disposal
of such a substance (or any combination of such activities) if the
court finds that the notification period applicable under
subsection (a), (b), or (c) of this section to the manufacturing or
processing of such substance may expire before such proceeding can
be completed.
(D) After the submission to the Administrator of test data
sufficient to evaluate the health and environmental effects of a
chemical substance subject to an injunction issued under
subparagraph (B) and the evaluation of such data by the
Administrator, the district court of the United States which issued
such injunction shall, upon petition dissolve the injunction unless
the Administrator has initiated a proceeding for the issuance of a
rule under section 2605(a) of this title respecting the substance.
If such a proceeding has been initiated, such court shall continue
the injunction in effect until the effective date of the rule
promulgated in such proceeding or, if such proceeding is terminated
without the promulgation of a rule, upon the termination of the
proceeding, whichever occurs first.
(f) Protection against unreasonable risks
(1) If the Administrator finds that there is a reasonable basis
to conclude that the manufacture, processing, distribution in
commerce, use, or disposal of a chemical substance with respect to
which notice is required by subsection (a) of this section, or that
any combination of such activities, presents or will present an
unreasonable risk of injury to health or environment before a rule
promulgated under section 2605 of this title can protect against
such risk, the Administrator shall, before the expiration of the
notification period applicable under subsection (a), (b), or (c) of
this section to the manufacturing or processing of such substance,
take the action authorized by paragraph (2) or (3) to the extent
necessary to protect against such risk.
(2) The Administrator may issue a proposed rule under section
2605(a) of this title to apply to a chemical substance with respect
to which a finding was made under paragraph (1) -
(A) a requirement limiting the amount of such substance which
may be manufactured, processed, or distributed in commerce,
(B) a requirement described in paragraph (2), (3), (4), (5),
(6), or (7) of section 2605(a) of this title, or
(C) any combination of the requirements referred to in
subparagraph (B).
Such a proposed rule shall be effective upon its publication in the
Federal Register. Section 2605(d)(2)(B) of this title shall apply
with respect to such rule.
(3)(A) The Administrator may -
(i) issue a proposed order to prohibit the manufacture,
processing, or distribution in commerce of a substance with
respect to which a finding was made under paragraph (1), or
(ii) apply, through attorneys of the Environmental Protection
Agency, to the United States District Court for the District of
Columbia or the United States district court for the judicial
district in which the manufacturer, or processor, as the case may
be, of such substance, is found, resides, or transacts business
for an injunction to prohibit the manufacture, processing, or
distribution in commerce of such substance.
A proposed order issued under clause (i) respecting a chemical
substance shall take effect on the expiration of the notification
period applicable under subsection (a), (b), or (c) of this section
to the manufacture or processing of such substance.
(B) If the district court of the United States to which an
application has been made under subparagraph (A)(ii) finds that
there is a reasonable basis to conclude that the manufacture,
processing, distribution in commerce, use, or disposal of the
chemical substance with respect to which such application was made,
or that any combination of such activities, presents or will
present an unreasonable risk of injury to health or the environment
before a rule promulgated under section 2605 of this title can
protect against such risk, the court shall issue an injunction to
prohibit the manufacture, processing, or distribution in commerce
of such substance or to prohibit any combination of such
activities.
(C) The provisions of subparagraphs (B) and (C) of subsection
(e)(1) of this section shall apply with respect to an order issued
under clause (i) of subparagraph (A); and the provisions of
subparagraph (C) of subsection (e)(2) of this section shall apply
with respect to an injunction issued under subparagraph (B).
(D) If the Administrator issues an order pursuant to subparagraph
(A)(i) respecting a chemical substance and objections are filed in
accordance with subsection (e)(1)(C) of this section, the
Administrator shall seek an injunction under subparagraph (A)(ii)
respecting such substance unless the Administrator determines, on
the basis of such objections, that such substance does not or will
not present an unreasonable risk of injury to health or the
environment.
(g) Statement of reasons for not taking action
If the Administrator has not initiated any action under this
section or section 2605 or 2606 of this title to prohibit or limit
the manufacture, processing, distribution in commerce, use, or
disposal of a chemical substance, with respect to which
notification or data is required by subsection (a)(1)(B) or (b) of
this section, before the expiration of the notification period
applicable to the manufacturing or processing of such substance,
the Administrator shall publish a statement of the Administrator's
reasons for not initiating such action. Such a statement shall be
published in the Federal Register before the expiration of such
period. Publication of such statement in accordance with the
preceding sentence is not a prerequisite to the manufacturing or
processing of the substance with respect to which the statement is
to be published.
(h) Exemptions
(1) The Administrator may, upon application, exempt any person
from any requirement of subsection (a) or (b) of this section to
permit such person to manufacture or process a chemical substance
for test marketing purposes -
(A) upon a showing by such person satisfactory to the
Administrator that the manufacture, processing, distribution in
commerce, use, and disposal of such substance, and that any
combination of such activities, for such purposes will not
present any unreasonable risk of injury to health or the
environment, and
(B) under such restrictions as the Administrator considers
appropriate.
(2)(A) The Administrator may, upon application, exempt any person
from the requirement of subsection (b)(2) of this section to submit
data for a chemical substance. If, upon receipt of an application
under the preceding sentence, the Administrator determines that -
(i) the chemical substance with respect to which such
application was submitted is equivalent to a chemical substance
for which data has been submitted to the Administrator as
required by subsection (b)(2) of this section, and
(ii) submission of data by the applicant on such substance
would be duplicative of data which has been submitted to the
Administrator in accordance with such subsection,
the Administrator shall exempt the applicant from the requirement
to submit such data on such substance. No exemption which is
granted under this subparagraph with respect to the submission of
data for a chemical substance may take effect before the beginning
of the reimbursement period applicable to such data.
(B) If the Administrator exempts any person, under subparagraph
(A), from submitting data required under subsection (b)(2) of this
section for a chemical substance because of the existence of
previously submitted data and if such exemption is granted during
the reimbursement period for such data, then (unless such person
and the persons referred to in clauses (i) and (ii) agree on the
amount and method of reimbursement) the Administrator shall order
the person granted the exemption to provide fair and equitable
reimbursement (in an amount determined under rules of the
Administrator) -
(i) to the person who previously submitted the data on which
the exemption was based, for a portion of the costs incurred by
such person in complying with the requirement under subsection
(b)(2) of this section to submit such data, and
(ii) to any other person who has been required under this
subparagraph to contribute with respect to such costs, for a
portion of the amount such person was required to contribute.
In promulgating rules for the determination of fair and equitable
reimbursement to the persons described in clauses (i) and (ii) for
costs incurred with respect to a chemical substance, the
Administrator shall, after consultation with the Attorney General
and the Federal Trade Commission, consider all relevant factors,
including the effect on the competitive position of the person
required to provide reimbursement in relation to the persons to be
reimbursed and the share of the market for such substance of the
person required to provide reimbursement in relation to the share
of such market of the persons to be reimbursed. For purposes of
judicial review, an order under this subparagraph shall be
considered final agency action.
(C) For purposes of this paragraph, the reimbursement period for
any previously submitted data for a chemical substance is a period
-
(i) beginning on the date of the termination of the
prohibition, imposed under this section, on the manufacture or
processing of such substance by the person who submitted such
data to the Administrator, and
(ii) ending -
(I) five years after the date referred to in clause (i), or
(II) at the expiration of a period which begins on the date
referred to in clause (i) and is equal to the period which the
Administrator determines was necessary to develop such data,
whichever is later.
(3) The requirements of subsections (a) and (b) of this section
do not apply with respect to the manufacturing or processing of any
chemical substance which is manufactured or processed, or proposed
to be manufactured or processed, only in small quantities (as
defined by the Administrator by rule) solely for purposes of -
(A) scientific experimentation or analysis, or
(B) chemical research on, or analysis of such substance or
another substance, including such research or analysis for the
development of a product,
if all persons engaged in such experimentation, research, or
analysis for a manufacturer or processor are notified (in such form
and manner as the Administrator may prescribe) of any risk to
health which the manufacturer, processor, or the Administrator has
reason to believe may be associated with such chemical substance.
(4) The Administrator may, upon application and by rule, exempt
the manufacturer of any new chemical substance from all or part of
the requirements of this section if the Administrator determines
that the manufacture, processing, distribution in commerce, use, or
disposal of such chemical substance, or that any combination of
such activities, will not present an unreasonable risk of injury to
health or the environment. A rule promulgated under this paragraph
(and any substantive amendment to, or repeal of, such a rule) shall
be promulgated in accordance with paragraphs (2) and (3) of section
2605(c) of this title.
(5) The Administrator may, upon application, make the
requirements of subsections (a) and (b) of this section
inapplicable with respect to the manufacturing or processing of any
chemical substance (A) which exists temporarily as a result of a
chemical reaction in the manufacturing or processing of a mixture
or another chemical substance, and (B) to which there is no, and
will not be, human or environmental exposure.
(6) Immediately upon receipt of an application under paragraph
(1) or (5) the Administrator shall publish in the Federal Register
notice of the receipt of such application. The Administrator shall
give interested persons an opportunity to comment upon any such
application and shall, within 45 days of its receipt, either
approve or deny the application. The Administrator shall publish
in the Federal Register notice of the approval or denial of such an
application.
(i) ''Manufacture'' and ''process'' defined
For purposes of this section, the terms ''manufacture'' and
''process'' mean manufacturing or processing for commercial
purposes.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 5, Oct. 11, 1976, 90 Stat. 2012;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2603, 2606, 2607, 2611 to
2613, 2614, 2616 to 2620, 2623, 2625, 2630 of this title; title 42
section 7412.
-CITE-
15 USC Sec. 2605 01/06/03
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2605. Regulation of hazardous chemical substances and mixtures
-STATUTE-
(a) Scope of regulation
If the Administrator finds that there is a reasonable basis to
conclude that the manufacture, processing, distribution in
commerce, use, or disposal of a chemical substance or mixture, or
that any combination of such activities, presents or will present
an unreasonable risk of injury to health or the environment, the
Administrator shall by rule apply one or more of the following
requirements to such substance or mixture to the extent necessary
to protect adequately against such risk using the least burdensome
requirements:
(1) A requirement (A) prohibiting the manufacturing,
processing, or distribution in commerce of such substance or
mixture, or (B) limiting the amount of such substance or mixture
which may be manufactured, processed, or distributed in commerce.
(2) A requirement -
(A) prohibiting the manufacture, processing, or distribution
in commerce of such substance or mixture for (i) a particular
use or (ii) a particular use in a concentration in excess of a
level specified by the Administrator in the rule imposing the
requirement, or
(B) limiting the amount of such substance or mixture which
may be manufactured, processed, or distributed in commerce for
(i) a particular use or (ii) a particular use in a
concentration in excess of a level specified by the
Administrator in the rule imposing the requirement.
(3) A requirement that such substance or mixture or any article
containing such substance or mixture be marked with or
accompanied by clear and adequate warnings and instructions with
respect to its use, distribution in commerce, or disposal or with
respect to any combination of such activities. The form and
content of such warnings and instructions shall be prescribed by
the Administrator.
(4) A requirement that manufacturers and processors of such
substance or mixture make and retain records of the processes
used to manufacture or process such substance or mixture and
monitor or conduct tests which are reasonable and necessary to
assure compliance with the requirements of any rule applicable
under this subsection.
(5) A requirement prohibiting or otherwise regulating any
manner or method of commercial use of such substance or mixture.
(6)(A) A requirement prohibiting or otherwise regulating any
manner or method of disposal of such substance or mixture, or of
any article containing such substance or mixture, by its
manufacturer or processor or by any other person who uses, or
disposes of, it for commercial purposes.
(B) A requirement under subparagraph (A) may not require any
person to take any action which would be in violation of any law
or requirement of, or in effect for, a State or political
subdivision, and shall require each person subject to it to
notify each State and political subdivision in which a required
disposal may occur of such disposal.
(7) A requirement directing manufacturers or processors of such
substance or mixture (A) to give notice of such unreasonable risk
of injury to distributors in commerce of such substance or
mixture and, to the extent reasonably ascertainable, to other
persons in possession of such substance or mixture or exposed to
such substance or mixture, (B) to give public notice of such risk
of injury, and (C) to replace or repurchase such substance or
mixture as elected by the person to which the requirement is
directed.
Any requirement (or combination of requirements) imposed under this
subsection may be limited in application to specified geographic
areas.
(b) Quality control
If the Administrator has a reasonable basis to conclude that a
particular manufacturer or processor is manufacturing or processing
a chemical substance or mixture in a manner which unintentionally
causes the chemical substance or mixture to present or which will
cause it to present an unreasonable risk of injury to health or the
environment -
(1) the Administrator may by order require such manufacturer or
processor to submit a description of the relevant quality control
procedures followed in the manufacturing or processing of such
chemical substance or mixture; and
(2) if the Administrator determines -
(A) that such quality control procedures are inadequate to
prevent the chemical substance or mixture from presenting such
risk of injury, the Administrator may order the manufacturer or
processor to revise such quality control procedures to the
extent necessary to remedy such inadequacy; or
(B) that the use of such quality control procedures has
resulted in the distribution in commerce of chemical substances
or mixtures which present an unreasonable risk of injury to
health or the environment, the Administrator may order the
manufacturer or processor to (i) give notice of such risk to
processors or distributors in commerce of any such substance or
mixture, or to both, and, to the extent reasonably
ascertainable, to any other person in possession of or exposed
to any such substance, (ii) to give public notice of such risk,
and (iii) to provide such replacement or repurchase of any such
substance or mixture as is necessary to adequately protect
health or the environment.
A determination under subparagraph (A) or (B) of paragraph (2)
shall be made on the record after opportunity for hearing in
accordance with section 554 of title 5. Any manufacturer or
processor subject to a requirement to replace or repurchase a
chemical substance or mixture may elect either to replace or
repurchase the substance or mixture and shall take either such
action in the manner prescribed by the Administrator.
(c) Promulgation of subsection (a) rules
(1) In promulgating any rule under subsection (a) of this section
with respect to a chemical substance or mixture, the Administrator
shall consider and publish a statement with respect to -
(A) the effects of such substance or mixture on health and the
magnitude of the exposure of human beings to such substance or
mixture,
(B) the effects of such substance or mixture on the environment
and the magnitude of the exposure of the environment to such
substance or mixture,
(C) the benefits of such substance or mixture for various uses
and the availability of substitutes for such uses, and
(D) the reasonably ascertainable economic consequences of the
rule, after consideration of the effect on the national economy,
small business, technological innovation, the environment, and
public health.
If the Administrator determines that a risk of injury to health or
the environment could be eliminated or reduced to a sufficient
extent by actions taken under another Federal law (or laws)
administered in whole or in part by the Administrator, the
Administrator may not promulgate a rule under subsection (a) of
this section to protect against such risk of injury unless the
Administrator finds, in the Administrator's discretion, that it is
in the public interest to protect against such risk under this
chapter. In making such a finding the Administrator shall consider
(i) all relevant aspects of the risk, as determined by the
Administrator in the Administrator's discretion, (ii) a comparison
of the estimated costs of complying with actions taken under this
chapter and under such law (or laws), and (iii) the relative
efficiency of actions under this chapter and under such law (or
laws) to protect against such risk of injury.
(2) When prescribing a rule under subsection (a) the
Administrator shall proceed in accordance with section 553 of title
5 (without regard to any reference in such section to sections 556
and 557 of such title), and shall also (A) publish a notice of
proposed rulemaking stating with particularity the reason for the
proposed rule; (B) allow interested persons to submit written data,
views, and arguments, and make all such submissions publicly
available; (C) provide an opportunity for an informal hearing in
accordance with paragraph (3); (D) promulgate, if appropriate, a
final rule based on the matter in the rulemaking record (as defined
in section 2618(a) of this title), and (E) make and publish with
the rule the finding described in subsection (a) of this section.
(3) Informal hearings required by paragraph (2)(C) shall be
conducted by the Administrator in accordance with the following
requirements:
(A) Subject to subparagraph (B), an interested person is
entitled -
(i) to present such person's position orally or by
documentary submissions (or both), and
(ii) if the Administrator determines that there are disputed
issues of material fact it is necessary to resolve, to present
such rebuttal submissions and to conduct (or have conducted
under subparagraph (B)(ii)) such cross-examination of persons
as the Administrator determines (I) to be appropriate, and (II)
to be required for a full and true disclosure with respect to
such issues.
(B) The Administrator may prescribe such rules and make such
rulings concerning procedures in such hearings to avoid
unnecessary costs or delay. Such rules or rulings may include
(i) the imposition of reasonable time limits on each interested
person's oral presentations, and (ii) requirements that any
cross-examination to which a person may be entitled under
subparagraph (A) be conducted by the Administrator on behalf of
that person in such manner as the Administrator determines (I) to
be appropriate, and (II) to be required for a full and true
disclosure with respect to disputed issues of material fact.
(C)(i) Except as provided in clause (ii), if a group of persons
each of whom under subparagraphs (A) and (B) would be entitled to
conduct (or have conducted) cross-examination and who are
determined by the Administrator to have the same or similar
interests in the proceeding cannot agree upon a single
representative of such interests for purposes of
cross-examination, the Administrator may make rules and rulings
(I) limiting the representation of such interest for such
purposes, and (II) governing the manner in which such
cross-examination shall be limited.
(ii) When any person who is a member of a group with respect to
which the Administrator has made a determination under clause (i)
is unable to agree upon group representation with the other
members of the group, then such person shall not be denied under
the authority of clause (i) the opportunity to conduct (or have
conducted) cross-examination as to issues affecting the person's
particular interests if (I) the person satisfies the
Administrator that the person has made a reasonable and good
faith effort to reach agreement upon group representation with
the other members of the group and (II) the Administrator
determines that there are substantial and relevant issues which
are not adequately presented by the group representative.
(D) A verbatim transcript shall be taken of any oral
presentation made, and cross-examination conducted in any
informal hearing under this subsection. Such transcript shall be
available to the public.
(4)(A) The Administrator may, pursuant to rules prescribed by the
Administrator, provide compensation for reasonable attorneys' fees,
expert witness fees, and other costs of participating in a
rulemaking proceeding for the promulgation of a rule under
subsection (a) of this section to any person -
(i) who represents an interest which would substantially
contribute to a fair determination of the issues to be resolved
in the proceeding, and
(ii) if -
(I) the economic interest of such person is small in
comparison to the costs of effective participation in the
proceeding by such person, or
(II) such person demonstrates to the satisfaction of the
Administrator that such person does not have sufficient
resources adequately to participate in the proceeding without
compensation under this subparagraph.
In determining for purposes of clause (i) if an interest will
substantially contribute to a fair determination of the issues to
be resolved in a proceeding, the Administrator shall take into
account the number and complexity of such issues and the extent to
which representation of such interest will contribute to widespread
public participation in the proceeding and representation of a fair
balance of interests for the resolution of such issues.
(B) In determining whether compensation should be provided to a
person under subparagraph (A) and the amount of such compensation,
the Administrator shall take into account the financial burden
which will be incurred by such person in participating in the
rulemaking proceeding. The Administrator shall take such action as
may be necessary to ensure that the aggregate amount of
compensation paid under this paragraph in any fiscal year to all
persons who, in rulemaking proceedings in which they receive
compensation, are persons who either -
(i) would be regulated by the proposed rule, or
(ii) represent persons who would be so regulated,
may not exceed 25 per centum of the aggregate amount paid as
compensation under this paragraph to all persons in such fiscal
year.
(5) Paragraph (1), (2), (3), and (4) of this subsection apply to
the promulgation of a rule repealing, or making a substantive
amendment to, a rule promulgated under subsection (a) of this
section.
(d) Effective date
(1) The Administrator shall specify in any rule under subsection
(a) of this section the date on which it shall take effect, which
date shall be as soon as feasible.
(2)(A) The Administrator may declare a proposed rule under
subsection (a) of this section to be effective upon its publication
in the Federal Register and until the effective date of final
action taken, in accordance with subparagraph (B), respecting such
rule if -
(i) the Administrator determines that -
(I) the manufacture, processing, distribution in commerce,
use, or disposal of the chemical substance or mixture subject
to such proposed rule or any combination of such activities is
likely to result in an unreasonable risk of serious or
widespread injury to health or the environment before such
effective date; and
(II) making such proposed rule so effective is necessary to
protect the public interest; and
(ii) in the case of a proposed rule to prohibit the
manufacture, processing, or distribution of a chemical substance
or mixture because of the risk determined under clause (i)(I), a
court has in an action under section 2606 of this title granted
relief with respect to such risk associated with such substance
or mixture.
Such a proposed rule which is made so effective shall not, for
purposes of judicial review, be considered final agency action.
(B) If the Administrator makes a proposed rule effective upon its
publication in the Federal Register, the Administrator shall, as
expeditiously as possible, give interested persons prompt notice of
such action, provide reasonable opportunity, in accordance with
paragraphs (2) and (3) of subsection (c) of this section, for a
hearing on such rule, and either promulgate such rule (as proposed
or with modifications) or revoke it; and if such a hearing is
requested, the Administrator shall commence the hearing within five
days from the date such request is made unless the Administrator
and the person making the request agree upon a later date for the
hearing to begin, and after the hearing is concluded the
Administrator shall, within ten days of the conclusion of the
hearing, either promulgate such rule (as proposed or with
modifications) or revoke it.
(e) Polychlorinated biphenyls
(1) Within six months after January 1, 1977, the Administrator
shall promulgate rules to -
(A) prescribe methods for the disposal of polychlorinated
biphenyls, and
(B) require polychlorinated biphenyls to be marked with clear
and adequate warnings, and instructions with respect to their
processing, distribution in commerce, use, or disposal or with
respect to any combination of such activities.
Requirements prescribed by rules under this paragraph shall be
consistent with the requirements of paragraphs (2) and (3).
(2)(A) Except as provided under subparagraph (B), effective one
year after January 1, 1977, no person may manufacture, process, or
distribute in commerce or use any polychlorinated biphenyl in any
manner other than in a totally enclosed manner.
(B) The Administrator may by rule authorize the manufacture,
processing, distribution in commerce or use (or any combination of
such activities) of any polychlorinated biphenyl in a manner other
than in a totally enclosed manner if the Administrator finds that
such manufacture, processing, distribution in commerce, or use (or
combination of such activities) will not present an unreasonable
risk of injury to health or the environment.
(C) For the purposes of this paragraph, the term ''totally
enclosed manner'' means any manner which will ensure that any
exposure of human beings or the environment to a polychlorinated
biphenyl will be insignificant as determined by the Administrator
by rule.
(3)(A) Except as provided in subparagraphs (B) and (C) -
(i) no person may manufacture any polychlorinated biphenyl
after two years after January 1, 1977, and
(ii) no person may process or distribute in commerce any
polychlorinated biphenyl after two and one-half years after such
date.
(B) Any person may petition the Administrator for an exemption
from the requirements of subparagraph (A), and the Administrator
may grant by rule such an exemption if the Administrator finds that
-
(i) an unreasonable risk of injury to health or environment
would not result, and
(ii) good faith efforts have been made to develop a chemical
substance which does not present an unreasonable risk of injury
to health or the environment and which may be substituted for
such polychlorinated biphenyl.
An exemption granted under this subparagraph shall be subject to
such terms and conditions as the Administrator may prescribe and
shall be in effect for such period (but not more than one year from
the date it is granted) as the Administrator may prescribe.
(C) Subparagraph (A) shall not apply to the distribution in
commerce of any polychlorinated biphenyl if such polychlorinated
biphenyl was sold for purposes other than resale before two and one
half years after October 11, 1976.
(4) Any rule under paragraph (1), (2)(B), or (3)(B) shall be
promulgated in accordance with paragraphs (2), (3), and (4) of
subsection (c) of this section.
(5) This subsection does not limit the authority of the
Administrator, under any other provision of this chapter or any
other Federal law, to take action respecting any polychlorinated
biphenyl.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 6, Oct. 11, 1976, 90 Stat. 2020;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2603, 2604, 2606 to 2608,
2611, 2612, 2614, 2616 to 2620, 2623, 2630 of this title; title 10
section 2708; title 42 sec
Descargar
| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.