ICR Attachment B: TSCA Section 14 (Disclosure of Data)

OMB Control Number 2070-0075; EPA ICR Number 1250.08
ICR Attachment B
Toxic Substances Control Act Section 14
(15 USC 2613)
Sec. 2613. Disclosure of data
(a) In general
Except as provided by subsection (b) of this section, any information reported to, or
otherwise obtained by, the Administrator (or any representative of the Administrator) under this
chapter, which is exempt from disclosure pursuant to subsection (a) of section 552 of title 5 by
reason of subsection (b)(4) of such section, shall, notwithstanding the provisions of any other
section of this chapter, not be disclosed by the Administrator or by any officer or employee of
the United States, except that such information (1) shall be disclosed to any officer or employee of the United States (A) in connection with the official duties of such officer or employee under any law for
the protection of health or the environment, or
(B) for specific law enforcement purposes;
(2) shall be disclosed to contractors with the United States and employees of such contractors
if in the opinion of the Administrator such disclosure is necessary for the satisfactory
performance by the contractor of a contract with the United States entered into on or after
October 11, 1976, for the performance of work in connection with this chapter and under such
conditions as the Administrator may specify;
(3) shall be disclosed if the Administrator determines it necessary to protect health or the
environment against an unreasonable risk of injury to health or the environment; or
(4) may be disclosed when relevant in any proceeding under this chapter, except that
disclosure in such a proceeding shall be made in such manner as to preserve confidentiality to the
extent practicable without impairing the proceeding. In any proceeding under section 552(a) of
title 5 to obtain information the disclosure of which has been denied because of the provisions of
this subsection, the Administrator may not rely on section 552(b)(3) of such title to sustain the
Administrator’s action.
(b) Data from health and safety studies
(1) Subsection (a) does not prohibit the disclosure of (A) any health and safety study which is submitted under this chapter with respect to(i) any chemical substance or mixture which, on the date on which such study is to be
disclosed has been offered for commercial distribution, or
(ii) any chemical substance or mixture for which testing is required under section
2603 of this title or for which notification is required under section 2604 of this title, and
(B) any data reported to, or otherwise obtained by, the Administrator from a health and
safety study which relates to a chemical substance or mixture described in clause (i) or (ii) of
subparagraph (A). This paragraph does not authorize the release of any data which discloses
processes used in the manufacturing or processing of a chemical substance or mixture or, in
the case of a mixture, the release of data disclosing the portion of the mixture comprised by
any of the chemical substances in the mixture.

(2) If a request is made to the Administrator under subsection (a) of section 552 of title 5 for
information which is described in the first sentence of paragraph (1) and which is not
information described in the second sentence of such paragraph, the Administrator may not deny
such request on the basis of subsection (b)(4) of such section.
(c) Designation and release of confidential data
(1) In submitting data under this chapter, a manufacturer, processor, or distributor in
commerce may (A) designate the data which such person believes is entitled to confidential
treatment under subsection (a) of this section, and (B) submit such designated data separately
from other data submitted under this chapter. A designation under this paragraph shall be made
in writing and in such manner as the Administrator may prescribe.
(2)(A) Except as provided by subparagraph (B), if the Administrator proposes to release for
inspection data which has been designated under paragraph (1)(A), the Administrator shall
notify, in writing and by certified mail, the manufacturer, processor, or distributor in commerce
who submitted such data of the intent to release such data. If the release of such data is to be
made pursuant to a request made under section 552(a) of title 5, such notice shall be given
immediately upon approval of such request by the Administrator. The Administrator may not
release such data until the expiration of 30 days after the manufacturer, processor, or distributor
in commerce submitting such data has received the notice required by this subparagraph.
(B)(i) Subparagraph (A) shall not apply to the release of information under paragraph (1),
(2), (3), or (4) of subsection (a) of this section, except that the Administrator may not release data
under paragraph (3) of subsection (a) of this section unless the Administrator has notified each
manufacturer, processor, and distributor in commerce who submitted such data of such release.
Such notice shall be made in writing by certified mail at least 15 days before the release of such
data, except that if the Administrator determines that the release of such data is necessary to
protect against an imminent, unreasonable risk of injury to health or the environment, such notice
may be made by such means as the Administrator determines will provide notice at least 24
hours before such release is made.
(ii) Subparagraph (A) shall not apply to the release of information described in subsection
(b)(1) of this section other than information described in the second sentence of such subsection.
(d) Criminal penalty for wrongful disclosure
(1) Any officer or employee of the United States or former officer or employee of the United
States, who by virtue of such employment or official position has obtained possession of, or has
access to, material the disclosure of which is prohibited by subsection (a) of this section, and
who knowing that disclosure of such material is prohibited by such subsection, willfully
discloses the material in any manner to any person not entitled to receive it, shall be guilty of a
misdemeanor and fined not more than $5,000 or imprisoned for not more than one year, or both.
Section 1905 of title 18 does not apply with respect to the publishing, divulging, disclosure, or
making known of, or making available, information reported or otherwise obtained under this
chapter.
(2) For the purposes of paragraph (1), any contractor with the United States who is furnished
information as authorized by subsection (a)(2) of this section, and any employee of any such
contractor, shall be considered to be an employee of the United States.
(e) Access by Congress - Notwithstanding any limitation contained in this section or any other
provision of law, all information reported to or otherwise obtained by the Administrator (or any
representative of the Administrator) under this chapter shall be made available, upon written
request of any duly authorized committee of the Congress, to such committee.