OMB Control Number 2070-0173; EPA ICR Number 2327.02
ICR ATTACHMENT 1
Toxic Substances Control Act Section 5
15 U.S.C. 2604
Sec. 2604. ‑ Manufacturing and processing notices
(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
| File Type | application/msword |
| Author | OPPT |
| Last Modified By | Peter Smith |
| File Modified | 2009-12-17 |
| File Created | 2008-09-16 |