ICR Attachment 1 - Toxic Substances Control Act Section 8(d) (15 U.S.C. 2607(d))

Page 1635

processes, or distributes a chemical substance or
mixture or an article containing a chemical substance or mixture may be brought in the United
States District Court for the District of Columbia, or for any judicial district in which any of
the defendants is found, resides, or transacts
business; and process in such an action may be
served on a defendant in any other district in
which such defendant resides or may be found.
An action under subsection (a) of this section
against a chemical substance, mixture, or article may be brought in any United States district
court within the jurisdiction of which the substance, mixture, or article is found.
(B) In determining the judicial district in
which an action may be brought under subsection (a) of this section in instances in which
such action may be brought in more than one judicial district, the Administrator shall take into
account the convenience of the parties.
(C) Subpeonas 1 requiring attendance of witnesses in an action brought under subsection (a)
of this section may be served in any judicial district.
(2) Whenever proceedings under subsection (a)
of this section involving identical chemical substances, mixtures, or articles are pending in
courts in two or more judicial districts, they
shall be consolidated for trial by order of any
such court upon application reasonably made by
any party in interest, upon notice to all parties
in interest.
(d) Action under section 2605
Where appropriate, concurrently with the filing of an action under subsection (a) of this section or as soon thereafter as may be practicable,
the Administrator shall initiate a proceeding for
the promulgation of a rule under section 2605(a)
of this title.
(e) Representation
Notwithstanding any other provision of law, in
any action under subsection (a) of this section,
the Administrator may direct attorneys of the
Environmental Protection Agency to appear and
represent the Administrator in such an action.
(f) ‘‘Imminently hazardous chemical substance or
mixture’’ defined
For the purposes of subsection (a) of this section, the term ‘‘imminently hazardous chemical
substance or mixture’’ means a chemical substance or mixture which presents an imminent
and unreasonable risk of serious or widespread
injury to health or the environment. Such a risk
to health or the environment shall be considered
imminent if it is shown that the manufacture,
processing, distribution in commerce, use, or
disposal of the chemical substance or mixture,
or that any combination of such activities, is
likely to result in such injury to health or the
environment before a final rule under section
2605 of this title can protect against such risk.
(Pub. L. 94–469, title I, § 7, Oct. 11, 1976, 90 Stat.
2026; renumbered title I, Pub. L. 99–519, § 3(c)(1),
Oct. 22, 1986, 100 Stat. 2989; amended Pub. L.
102–550, title X, § 1021(b)(1), Oct. 28, 1992, 106 Stat.
3923.)
1 So

§ 2607

TITLE 15—COMMERCE AND TRADE

in original. Probably should be ‘‘Subpoenas’’.

AMENDMENTS
1992—Subsec. (a)(1). Pub. L. 102–550 substituted ‘‘section 2603 of this title, 2604 of this title, 2605 of this title,
or subchapter IV of this chapter’’ for ‘‘section 2603, 2604,
or 2605 of this title’’ in last sentence.
Pub. L. 102–550, which directed the insertion of ‘‘or
subchapter IV of this chapter’’ after ‘‘2604’’, was executed by making the insertion after ‘‘2604’’ the second
time appearing in last sentence, to reflect the probable
intent of Congress.

§ 2607. Reporting and retention of information
(a) Reports
(1) The Administrator shall promulgate rules
under which—
(A) each person (other than a small manufacturer or processor) who manufactures or
processes or proposes to manufacture or process a chemical substance (other than a chemical substance described in subparagraph
(B)(ii)) shall maintain such records, and shall
submit to the Administrator such reports, as
the Administrator may reasonably require,
and
(B) each person (other than a small manufacturer or processor) who manufactures or
processes or proposes to manufacture or process—
(i) a mixture, or
(ii) a chemical substance in small quantities (as defined by the Administrator by
rule) solely for purposes of scientific experimentation or analysis or chemical research
on, or analysis of, such substance or another
substance, including any such research or
analysis for the development of a product,
shall maintain records and submit to the Administrator reports but only to the extent the
Administrator determines the maintenance of
records or submission of reports, or both, is
necessary for the effective enforcement of this
chapter.
The Administrator may not require in a rule
promulgated under this paragraph the maintenance of records or the submission of reports
with respect to changes in the proportions of the
components of a mixture unless the Administrator finds that the maintenance of such
records or the submission of such reports, or
both, is necessary for the effective enforcement
of this chapter. For purposes of the compilation
of the list of chemical substances required under
subsection (b) of this section, the Administrator
shall promulgate rules pursuant to this subsection not later than 180 days after January 1,
1977.
(2) The Administrator may require under paragraph (1) maintenance of records and reporting
with respect to the following insofar as known
to the person making the report or insofar as
reasonably ascertainable:
(A) The common or trade name, the chemical identity, and the molecular structure of
each chemical substance or mixture for which
such a report is required.
(B) The categories or proposed categories of
use of each such substance or mixture.
(C) The total amount of each such substance
and mixture manufactured or processed, reasonable estimates of the total amount to be

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TITLE 15—COMMERCE AND TRADE

manufactured or processed, the amount manufactured or processed for each of its categories
of use, and reasonable estimates of the
amount to be manufactured or processed for
each of its categories of use or proposed categories of use.
(D) A description of the byproducts resulting
from the manufacture, processing, use, or disposal of each such substance or mixture.
(E) All existing data concerning the environmental and health effects of such substance or
mixture.
(F) The number of individuals exposed, and
reasonable estimates of the number who will
be exposed, to such substance or mixture in
their places of employment and the duration
of such exposure.
(G) In the initial report under paragraph (1)
on such substance or mixture, the manner or
method of its disposal, and in any subsequent
report on such substance or mixture, any
change in such manner or method.
To the extent feasible, the Administrator shall
not require under paragraph (1), any reporting
which is unnecessary or duplicative.
(3)(A)(i) The Administrator may by rule require a small manufacturer or processor of a
chemical substance to submit to the Administrator such information respecting the chemical
substance as the Administrator may require for
publication of the first list of chemical substances required by subsection (b) of this section.
(ii) The Administrator may by rule require a
small manufacturer or processor of a chemical
substance or mixture—
(I) subject to a rule proposed or promulgated
under section 2603, 2604(b)(4), or 2605 of this
title, or an order in effect under section 2604(e)
of this title, or
(II) with respect to which relief has been
granted pursuant to a civil action brought
under section 2604 or 2606 of this title,
to maintain such records on such substance or
mixture, and to submit to the Administrator
such reports on such substance or mixture, as
the Administrator may reasonably require. A
rule under this clause requiring reporting may
require reporting with respect to the matters referred to in paragraph (2).
(B) The Administrator, after consultation
with the Administrator of the Small Business
Administration, shall by rule prescribe standards for determining the manufacturers and
processors which qualify as small manufacturers
and processors for purposes of this paragraph
and paragraph (1).
(b) Inventory
(1) The Administrator shall compile, keep current, and publish a list of each chemical substance which is manufactured or processed in
the United States. Such list shall at least include each chemical substance which any person
reports, under section 2604 of this title or subsection (a) of this section, is manufactured or
processed in the United States. Such list may
not include any chemical substance which was
not manufactured or processed in the United
States within three years before the effective

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date of the rules promulgated pursuant to the
last sentence of subsection (a)(1) of this section.
In the case of a chemical substance for which a
notice is submitted in accordance with section
2604 of this title, such chemical substance shall
be included in such list as of the earliest date
(as determined by the Administrator) on which
such substance was manufactured or processed
in the United States. The Administrator shall
first publish such a list not later than 315 days
after January 1, 1977. The Administrator shall
not include in such list any chemical substance
which is manufactured or processed only in
small quantities (as defined by the Administrator by rule) solely for purposes of scientific
experimentation or analysis or chemical research on, or analysis of, such substance or another substance, including such research or
analysis for the development of a product.
(2) To the extent consistent with the purposes
of this chapter, the Administrator may, in lieu
of listing, pursuant to paragraph (1), a chemical
substance individually, list a category of chemical substances in which such substance is included.
(c) Records
Any person who manufactures, processes, or
distributes in commerce any chemical substance
or mixture shall maintain records of significant
adverse reactions to health or the environment,
as determined by the Administrator by rule, alleged to have been caused by the substance or
mixture. Records of such adverse reactions to
the health of employees shall be retained for a
period of 30 years from the date such reactions
were first reported to or known by the person
maintaining such records. Any other record of
such adverse reactions shall be retained for a period of five years from the date the information
contained in the record was first reported to or
known by the person maintaining the record.
Records required to be maintained under this
subsection shall include records of consumer allegations of personal injury or harm to health,
reports of occupational disease or injury, and reports or complaints of injury to the environment submitted to the manufacturer, processor,
or distributor in commerce from any source.
Upon request of any duly designated representative of the Administrator, each person who is required to maintain records under this subsection
shall permit the inspection of such records and
shall submit copies of such records.
(d) Health and safety studies
The Administrator shall promulgate rules
under which the Administrator shall require any
person who manufactures, processes, or distributes in commerce or who proposes to manufacture, process, or distribute in commerce any
chemical substance or mixture (or with respect
to paragraph (2), any person who has possession
of a study) to submit to the Administrator—
(1) lists of health and safety studies (A) conducted or initiated by or for such person with
respect to such substance or mixture at any
time, (B) known to such person, or (C) reasonably ascertainable by such person, except that
the Administrator may exclude certain types
or categories of studies from the requirements
of this subsection if the Administrator finds

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TITLE 15—COMMERCE AND TRADE

that submission of lists of such studies are unnecessary to carry out the purposes of this
chapter; and
(2) copies of any study contained on a list
submitted pursuant to paragraph (1) or otherwise known by such person.
(e) Notice to Administrator of substantial risks
Any person who manufactures, processes, or
distributes in commerce as chemical substance
or mixture and who obtains information which
reasonably supports the conclusion that such
substance or mixture presents a substantial risk
of injury to health or the environment shall immediately inform the Administrator of such information unless such person has actual knowledge that the Administrator has been adequately informed of such information.
(f) ‘‘Manufacture’’ and ‘‘process’’ defined
For purposes of this section, the terms ‘‘manufacture’’ and ‘‘process’’ mean manufacture or
process for commercial purposes.
(Pub. L. 94–469, title I, § 8, Oct. 11, 1976, 90 Stat.
2027; renumbered title I, Pub. L. 99–519, § 3(c)(1),
Oct. 22, 1986, 100 Stat. 2989.)
ASBESTOS INFORMATION
Pub. L. 100–577, Oct. 31, 1988, 102 Stat. 2901, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Asbestos Information
Act of 1988’.
‘‘SEC. 2. SUBMISSION OF INFORMATION BY MANUFACTURERS.
‘‘Within 90 days after the date of the enactment of
this Act [Oct. 31, 1988], any person who manufactured or
processed, before the date of the enactment of this Act,
asbestos or asbestos-containing material that was prepared for sale for use as surfacing material, thermal
system insulation, or miscellaneous material in buildings (or whose corporate predecessor manufactured or
processed such asbestos or material) shall submit to
the Administrator of the Environmental Protection
Agency the years of manufacture, the types or classes
of product, and, to the extent available, other identifying characteristics reasonably necessary to identify or
distinguish the asbestos or asbestos-containing material. Such person also may submit to the Administrator
protocols for samples of asbestos and asbestos-containing material.
‘‘SEC. 3. PUBLICATION OF INFORMATION.
‘‘Within 30 days after the date of the enactment of
this Act [Oct. 31, 1988], the Administrator shall publish
a notice in the Federal Register that explains how,
when, and where the information specified in section 2
is to be submitted. The Administrator shall receive and
organize the information submitted under section 2
and, within 180 days after the date of the enactment of
this Act, shall publish the information. In carrying out
this section, the Administrator may not—
‘‘(1) review the information submitted under section 2 for accuracy, or
‘‘(2) analyze such information to determine whether
it is reasonably necessary to identify or distinguish
the particular asbestos or asbestos-containing material.
‘‘SEC. 4. DEFINITIONS.
‘‘In this Act:
‘‘(1) The term ‘asbestos’ means—
‘‘(A) chrysotile, amosite, or crocidolite, or
‘‘(B) in fibrous form, tremolite, anthophyllite, or
actinolite.
‘‘(2) The term ‘asbestos-containing material’ means
any material containing more than one percent asbestos by weight.

§ 2608

‘‘(3) The term ‘identifying characteristics’ means a
description of asbestos or asbestos-containing material, including—
‘‘(A) the mineral or chemical constituents (or
both) of the asbestos or material by weight or volume (or both),
‘‘(B) the types or classes of the product in which
the asbestos or material is contained,
‘‘(C) the designs, patterns, or textures of the product in which the asbestos or material is contained,
and
‘‘(D) the means by which the product in which the
asbestos or material is contained may be distinguishable from other products containing asbestos
or asbestos-containing material.
‘‘(4) The term ‘miscellaneous material’ means
building material on structural components, structural members, or fixtures, such as floor and ceiling
tiles. The term does not include surfacing material or
thermal system insulation.
‘‘(5) The term ‘protocol’ means any procedure for
taking, handling, and preserving samples of asbestos
and asbestos-containing material and for testing and
analyzing such samples for the purpose of determining the person who manufactured or processed for
sale such samples and the identifying characteristics
of such samples.
‘‘(6) The term ‘surfacing material’ means material
in a building that is sprayed on surfaces, troweled on
surfaces, or otherwise applied to surfaces for acoustical, fireproofing, or other purposes, such as acoustical plaster on ceilings and fireproofing material on
structural members.
‘‘(7) The term ‘thermal system insulation’ means
material in a building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other structural components to prevent heat loss or gain or water condensation, or for other purposes.’’

§ 2608. Relationship to other Federal laws
(a) Laws not administered by the Administrator
(1) If the Administrator has 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 and determines, in the Administrator’s discretion, that such risk may be
prevented or reduced to a sufficient extent by
action taken under a Federal law not administered by the Administrator, the Administrator
shall submit to the agency which administers
such law a report which describes such risk and
includes in such description a specification of
the activity or combination of activities which
the Administrator has reason to believe so presents such risk. Such report shall also request
such agency—
(A)(i) to determine if the risk described in
such report may be prevented or reduced to a
sufficient extent by action taken under such
law, and
(ii) if the agency determines that such risk
may be so prevented or reduced, to issue an
order declaring whether or not the activity or
combination of activities specified in the description of such risk presents such risk; and
(B) to respond to the Administrator with respect to the matters described in subparagraph (A).
Any report of the Administrator shall include a
detailed statement of the information on which
it is based and shall be published in the Federal