EPA ICR No.  1741.07; OMB Control No.  2070-0145

ATTACHMENT A

Toxic Substances Control Act Section 8

15 USC 2607

US Code as of: 01/23/00

Sec. 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. 

 

