  SEQ CHAPTER \h \r 1 APPENDIX A

Toxic Substances Control Act Section 6(e)

15 USC 2605(e)

  SEQ CHAPTER \h \r 1 TITLE 15 - Commerce and trade

CHAPTER 53 - Toxic substances control

SUBCHAPTER I - Control of toxic substances

Sec. 2605. - Regulation of hazardous chemical substances and mixtures

* * * 

(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

