ICR Appendix A: Relevant sections of authorizing statute - TSCA Sections 6(a), 6(b), and 11(c)

APPENDIX A

Relevant sections of authorizing statute – TSCA § 6(a), § 6(b), and § 11(c),
15 U.S.C. 2605(a), 2605(b), and 2610(c)

Toxic Substances Control Act (TSCA) §§ 6(a), 6(b), and 11(c),
15 U.S.C. 2605(a), 2605(b), and 2610(c)

§ 6(a) Scope of regulation
If the Administrator finds that there is a 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, the Administrator shall by
rule apply one or more of the following requirements to such substance
or mixture to the extent necessary to protect adequately against such
risk using the least burdensome requirements:
(1) A requirement (A) prohibiting the manufacturing, processing,
or distribution in commerce of such substance or mixture, or (B)
limiting the amount of such substance or mixture which may be
manufactured, processed, or distributed in commerce.
(2) A requirement–
(A) prohibiting the manufacture, processing, or distribution
in commerce of such substance or mixture for (i) a particular
use or (ii) a particular use in a concentration in excess of a
level specified by the Administrator in the rule imposing the
requirement, or
(B) limiting the amount of such substance or mixture which
may be manufactured, processed, or distributed in commerce for
(i) a particular use or (ii) a particular use in a concentration
in excess of a level specified by the Administrator in the rule
imposing the requirement.
(3) A requirement that such substance or mixture or any article
containing such substance or mixture be marked with or accompanied
by clear and adequate warnings and instructions with respect to its
use, distribution in commerce, or disposal or with respect to any
combination of such activities. The form and content of such
warnings and instructions shall be prescribed by the Administrator.
(4) A requirement that manufacturers and processors of such
substance or mixture make and retain records of the processes used
to manufacture or process such substance or mixture and monitor or
conduct tests which are reasonable and necessary to assure
compliance with the requirements of any rule applicable under this
subsection.
(5) A requirement prohibiting or otherwise regulating any manner
or method of commercial use of such substance or mixture.
(6)(A) A requirement prohibiting or otherwise regulating any
manner or method of disposal of such substance or mixture, or of any
article containing such substance or mixture, by its manufacturer or
processor or by any other person who uses, or disposes of, it for

commercial purposes.
(B) A requirement under subparagraph (A) may not require any
person to take any action which would be in violation of any law or
requirement of, or in effect for, a State or political subdivision,
and shall require each person subject to it to notify each State and
political subdivision in which a required disposal may occur of such
disposal.
(7) A requirement directing manufacturers or processors of such
substance or mixture (A) to give notice of such unreasonable risk of
injury to distributors in commerce of such substance or mixture and,
to the extent reasonably ascertainable, to other persons in
possession of such substance or mixture or exposed to such substance
or mixture, (B) to give public notice of such risk of injury, and
(C) to replace or repurchase such substance or mixture as elected by
the person to which the requirement is directed.
Any requirement (or combination of requirements) imposed under this
subsection may be limited in application to specified geographic areas.
§ 6(b) Quality control
If the Administrator has a reasonable basis to conclude that a
particular manufacturer or processor is manufacturing or processing a
chemical substance or mixture in a manner which unintentionally causes
the chemical substance or mixture to present or which will cause it to
present an unreasonable risk of injury to health or the environment –
(1) the Administrator may by order require such manufacturer or
processor to submit a description of the relevant quality control
procedures followed in the manufacturing or processing of such
chemical substance or mixture; and
(2) if the Administrator determines –
(A) that such quality control procedures are inadequate to
prevent the chemical substance or mixture from presenting such
risk of injury, the Administrator may order the manufacturer or
processor to revise such quality control procedures to the
extent necessary to remedy such inadequacy; or
(B) that the use of such quality control procedures has
resulted in the distribution in commerce of chemical substances
or mixtures which present an unreasonable risk of injury to
health or the environment, the Administrator may order the
manufacturer or processor to (i) give notice of such risk to
processors or distributors in commerce of any such substance or
mixture, or to both, and, to the extent reasonably
ascertainable, to any other person in possession of or exposed
to any such substance, (ii) to give public notice of such risk,
and (iii) to provide such replacement or repurchase of any such
substance or mixture as is necessary to adequately protect
health or the environment.
A determination under subparagraph (A) or (B) of paragraph (2) shall be

made on the record after opportunity for hearing in accordance with
section 554 of title 5. Any manufacturer or processor subject to a
requirement to replace or repurchase a chemical substance or mixture may
elect either to replace or repurchase the substance or mixture and shall
take either such action in the manner prescribed by the Administrator.
§ 11(c) Subpoenas
In carrying out this chapter, the Administrator may by subpoena
require the attendance and testimony of witnesses and the production of
reports, papers, documents, answers to questions, and other information
that the Administrator deems necessary. Witnesses shall be paid the same
fees and mileage that are paid witnesses in the courts of the United
States. In the event of contumacy, failure, or refusal of any person to
obey any such subpoena, any district court of the United States in which
venue is proper shall have jurisdiction to order any such person to
comply with such subpoena. Any failure to obey such an order of the
court is punishable by the court as a contempt thereof.