|
U.S. Code as of:
01/19/04
Section 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 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 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 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.
|
|