US Code Citation

§ 2607

TITLE 15—COMMERCE AND TRADE

cal substance or mixture or an article containing a chemical substance or mixture, the relief
authorized by paragraph (1) may include the issuance of a mandatory order requiring (A) in the
case of purchasers of such substance, mixture, or
article known to the defendant, notification to
such purchasers of the risk associated with it;
(B) public notice of such risk; (C) recall; (D) the
replacement or repurchase of such substance,
mixture, or article; or (E) any combination of
the actions described in the preceding clauses.
(3) In the case of an action under subsection
(a) against a chemical substance, mixture, or article, such substance, mixture, or article may be
proceeded against by process of libel for its seizure and condemnation. Proceedings in such an
action shall conform as nearly as possible to
proceedings in rem in admiralty.
(c) Venue and consolidation
(1)(A) An action under subsection (a) against a
person who manufactures, processes, or distributes a chemical substance or mixture or an article containing a chemical substance or mixture
may be brought in the United States District
Court for the District of Columbia or for any judicial district in which any of the defendants is
found, resides, or transacts business; and process
in such an action may be served on a defendant
in any other district in which such defendant resides or may be found. An action under subsection (a) against a chemical substance, mixture, or article may be brought in any United
States district court within the jurisdiction of
which the substance, mixture, or article is
found.
(B) In determining the judicial district in
which an action may be brought under subsection (a) in instances in which such action
may be brought in more than one judicial district, the Administrator shall take into account
the convenience of the parties.
(C) Subpeonas 1 requiring attendance of witnesses in an action brought under subsection (a)
may be served in any judicial district.
(2) Whenever proceedings under subsection (a)
involving identical chemical substances, mixtures, or articles are pending in courts in two or
more judicial districts, they shall be consolidated for trial by order of any such court upon
application reasonably made by any party in interest, upon notice to all parties in interest.
(d) Action under section 2605
Where appropriate, concurrently with the filing of an action under subsection (a) or as soon
thereafter as may be practicable, the Administrator shall initiate a proceeding for the promulgation of a rule under section 2605(a) of this
title.
(e) Representation
Notwithstanding any other provision of law, in
any action under subsection (a), the Administrator may direct attorneys of the Environmental Protection Agency to appear and represent the Administrator in such an action.
(f) ‘‘Imminently hazardous chemical substance or
mixture’’ defined
For the purposes of subsection (a), the term
‘‘imminently hazardous chemical substance or
1 So

in original. Probably should be ‘‘Subpoenas’’.

Page 1722

mixture’’ means a chemical substance or mixture which presents an imminent and unreasonable risk of serious or widespread injury to
health or the environment, without consideration of costs or other nonrisk factors. Such a
risk to health or the environment shall be considered imminent if it is shown that the manufacture, processing, distribution in commerce,
use, or disposal of the chemical substance or
mixture, or that any combination of such activities, is likely to result in such injury to health
or the environment before a final rule under section 2605 of this title can protect against such
risk.
(Pub. L. 94–469, title I, § 7, Oct. 11, 1976, 90 Stat.
2026; renumbered title I, Pub. L. 99–519, § 3(c)(1),
Oct. 22, 1986, 100 Stat. 2989; amended Pub. L.
102–550, title X, § 1021(b)(1), Oct. 28, 1992, 106 Stat.
3923; Pub. L. 114–182, title I, §§ 7, 19(f), June 22,
2016, 130 Stat. 470, 507.)
AMENDMENTS
2016—Subsec. (a)(1). Pub. L. 114–182, § 19(f)(1), in concluding provisions, substituted ‘‘a determination under
section 2604 or 2605 of this title, a rule under section
2603, 2604, or 2605 of this title or subchapter IV, an order
under section 2603, 2604, or 2605 of this title or subchapter IV, or a consent agreement under section 2603
of this title’’ for ‘‘a rule under section 2603 of this title,
2604 of this title, 2605 of this title, or subchapter IV or
an order under section 2604 of this title or subchapter
IV’’.
Subsec. (a)(2). Pub. L. 114–182, § 19(f)(2), substituted
‘‘section 2605(d)(3)(A)(i)’’ for ‘‘section 2605(d)(2)(A)(i)’’.
Subsec. (b)(1). Pub. L. 114–182, § 7(1), inserted ‘‘(as
identified by the Administrator without consideration
of costs or other nonrisk factors)’’ after ‘‘from the unreasonable risk’’.
Subsec. (f). Pub. L. 114–182, § 7(2), inserted ‘‘, without
consideration of costs or other nonrisk factors’’ after
‘‘widespread injury to health or the environment’’.
1992—Subsec. (a)(1). Pub. L. 102–550 substituted ‘‘section 2603 of this title, 2604 of this title, 2605 of this title,
or subchapter IV’’ for ‘‘section 2603, 2604, or 2605 of this
title’’ in last sentence.
Pub. L. 102–550, which directed the insertion of ‘‘or
subchapter IV’’ after ‘‘2604’’, was executed by making
the insertion after ‘‘2604’’ the second time appearing in
last sentence, to reflect the probable intent of Congress.
EFFECTIVE DATE
Section effective Jan. 1, 1977, see section 31 of Pub. L.
94–469, set out as a note under section 2601 of this title.

§ 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

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(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), 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 information 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.
(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).
(ii) The Administrator may by rule require a
small manufacturer or processor of a chemical
substance or mixture—

§ 2607

(I) subject to a rule proposed or promulgated
under section 2603, 2604(b)(4), or 2605 of this
title,,1 an order in effect under section 2603 or
2604(e) of this title, or a consent agreement
under section 2603 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).
(C) Not later than 180 days after June 22, 2016,
and not less frequently than once every 10 years
thereafter, the Administrator, after consultation with the Administrator of the Small Business Administration, shall—
(i) review the adequacy of the standards prescribed under subparagraph (B); and
(ii) after providing public notice and an opportunity for comment, make a determination
as to whether revision of the standards is warranted.
(4) CONTENTS.—The rules promulgated pursuant to paragraph (1)—
(A) may impose differing reporting and recordkeeping requirements on manufacturers
and processors; and
(B) shall include the level of detail necessary
to be reported, including the manner by which
use and exposure information may be reported.
(5) ADMINISTRATION.—In carrying out this section, the Administrator shall, to the extent feasible—
(A) not require reporting which is unnecessary or duplicative;
(B) minimize the cost of compliance with
this section and the rules issued thereunder on
small manufacturers and processors; and
(C) apply any reporting obligations to those
persons likely to have information relevant to
the effective implementation of this subchapter.
(6) NEGOTIATED RULEMAKING.—(A) The Administrator shall enter into a negotiated rulemaking pursuant to subchapter III of chapter 5
of title 5 to develop and publish, not later than
3 years after June 22, 2016, a proposed rule providing for limiting the reporting requirements,
under this subsection, for manufacturers of any
inorganic byproducts, when such byproducts,
whether by the byproduct manufacturer or by
any other person, are subsequently recycled, reused, or reprocessed.
(B) Not later than 3 and one-half years after
June 22, 2016, the Administrator shall publish a
1 So

in original.

§ 2607

TITLE 15—COMMERCE AND TRADE

final rule resulting from such negotiated rulemaking.
(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). 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.
(3) NOMENCLATURE.—
(A) IN GENERAL.—In carrying out paragraph
(1), the Administrator shall—
(i) maintain the use of Class 2 nomenclature in use on June 22, 2016;
(ii) maintain the use of the Soap and Detergent Association Nomenclature System,
published in March 1978 by the Administrator in section 1 of addendum III of the
document entitled ‘‘Candidate List of Chemical Substances’’, and further described in
the appendix A of volume I of the 1985 edition of the Toxic Substances Control Act
Substances Inventory (EPA Document No.
EPA–560/7–85–002a); and
(iii) treat the individual members of the
categories of chemical substances identified
by the Administrator as statutory mixtures,
as defined in Inventory descriptions established by the Administrator, as being included on the list established under paragraph (1).
(B) MULTIPLE NOMENCLATURE LISTINGS.—If a
manufacturer or processor demonstrates to
the Administrator that a chemical substance
appears multiple times on the list published
under paragraph (1) under different CAS numbers, the Administrator may recognize the
multiple listings as a single chemical substance.
(4) CHEMICAL SUBSTANCES IN COMMERCE.—

Page 1724

(A) RULES.—
(i) IN GENERAL.—Not later than 1 year after
June 22, 2016, the Administrator, by rule,
shall require manufacturers, and may require processors, subject to the limitations
under subsection (a)(5)(A), to notify the Administrator, by not later than 180 days after
the date on which the final rule is published
in the Federal Register, of each chemical
substance on the list published under paragraph (1) that the manufacturer or processor, as applicable, has manufactured or
processed for a nonexempt commercial purpose during the 10-year period ending on the
day before June 22, 2016.
(ii) ACTIVE SUBSTANCES.—The Administrator shall designate chemical substances
for which notices are received under clause
(i) to be active substances on the list published under paragraph (1).
(iii) INACTIVE SUBSTANCES.—The Administrator shall designate chemical substances
for which no notices are received under
clause (i) to be inactive substances on the
list published under paragraph (1).
(iv) LIMITATION.—No chemical substance
on the list published under paragraph (1)
shall be removed from such list by reason of
the implementation of this subparagraph, or
be subject to section 2604(a)(1)(A)(i) of this
title by reason of a change to active status
under paragraph (5)(B).
(B) CONFIDENTIAL CHEMICAL SUBSTANCES.—In
promulgating a rule under subparagraph (A),
the Administrator shall—
(i) maintain the list under paragraph (1),
which shall include a confidential portion
and a nonconfidential portion consistent
with this section and section 2613 of this
title;
(ii) require any manufacturer or processor
of a chemical substance on the confidential
portion of the list published under paragraph
(1) that seeks to maintain an existing claim
for protection against disclosure of the specific chemical identity of the chemical substance as confidential pursuant to section
2613 of this title to submit a notice under
subparagraph (A) that includes such request;
(iii) require the substantiation of those
claims pursuant to section 2613 of this title
and in accordance with the review plan described in subparagraph (C); and
(iv) move any active chemical substance
for which no request was received to maintain an existing claim for protection against
disclosure of the specific chemical identity
of the chemical substance as confidential
from the confidential portion of the list published under paragraph (1) to the nonconfidential portion of that list.
(C) REVIEW PLAN.—Not later than 1 year
after the date on which the Administrator
compiles the initial list of active substances
pursuant to subparagraph (A), the Administrator shall promulgate a rule that establishes
a plan to review all claims to protect the specific chemical identities of chemical substances on the confidential portion of the list
published under paragraph (1) that are asserted pursuant to subparagraph (B).

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TITLE 15—COMMERCE AND TRADE

(D) REQUIREMENTS OF REVIEW PLAN.—In establishing the review plan under subparagraph
(C), the Administrator shall—
(i) require, at a time specified by the Administrator, all manufacturers or processors
asserting claims under subparagraph (B) to
substantiate the claim, in accordance with
section 2613 of this title, unless the manufacturer or processor has substantiated the
claim in a submission made to the Administrator during the 5-year period ending on the
last day of the of the time period specified
by the Administrator; and
(ii) in accordance with section 2613 of this
title—
(I) review each substantiation—
(aa) submitted pursuant to clause (i) to
determine if the claim qualifies for protection from disclosure; and
(bb) submitted previously by a manufacturer or processor and relied on in
lieu of the substantiation required pursuant to clause (i), if the substantiation
has not been previously reviewed by the
Administrator, to determine if the claim
warrants protection from disclosure;
(II) approve, approve in part and deny in
part, or deny each claim; and
(III) except as provided in this section
and section 2613 of this title, protect from
disclosure information for which the Administrator approves such a claim for a period of 10 years, unless, prior to the expiration of the period—
(aa) the person notifies the Administrator that the person is withdrawing
the claim, in which case the Administrator shall not protect the information
from disclosure; or
(bb) the Administrator otherwise becomes aware that the information does
not qualify for protection from disclosure, in which case the Administrator
shall take the actions described in section 2613(g)(2) of this title.
(E) TIMELINE FOR COMPLETION OF REVIEWS.—
(i) IN GENERAL.—The Administrator shall
implement the review plan so as to complete
reviews of all claims specified in subparagraph (C) not later than 5 years after the
date on which the Administrator compiles
the initial list of active substances pursuant
to subparagraph (A).
(ii) CONSIDERATIONS.—
(I) IN GENERAL.—The Administrator may
extend the deadline for completion of the
reviews for not more than 2 additional
years, after an adequate public justification, if the Administrator determines that
the extension is necessary based on the
number of claims needing review and the
available resources.
(II) ANNUAL REVIEW GOAL AND RESULTS.—
At the beginning of each year, the Administrator shall publish an annual goal for
reviews and the number of reviews completed in the prior year.
(5) ACTIVE AND INACTIVE SUBSTANCES.—
(A) IN GENERAL.—The Administrator shall
keep designations of active substances and in-

§ 2607

active substances on the list published under
paragraph (1) current.
(B) CHANGE TO ACTIVE STATUS.—
(i) IN GENERAL.—Any person that intends
to manufacture or process for a nonexempt
commercial purpose a chemical substance
that is designated as an inactive substance
shall notify the Administrator before the
date on which the inactive substance is manufactured or processed.
(ii) CONFIDENTIAL CHEMICAL IDENTITY.—If a
person submitting a notice under clause (i)
for an inactive substance on the confidential
portion of the list published under paragraph
(1) seeks to maintain an existing claim for
protection against disclosure of the specific
chemical identity of the inactive substance
as confidential, the person shall, consistent
with the requirements of section 2613 of this
title—
(I) in the notice submitted under clause
(i), assert the claim; and
(II) by not later than 30 days after providing the notice under clause (i), substantiate the claim.
(iii) ACTIVE STATUS.—On receiving a notification under clause (i), the Administrator
shall—
(I) designate the applicable chemical
substance as an active substance;
(II) pursuant to section 2613 of this title,
promptly review any claim and associated
substantiation submitted pursuant to
clause (ii) for protection against disclosure
of the specific chemical identity of the
chemical substance and approve, approve
in part and deny in part, or deny the
claim;
(III) except as provided in this section
and section 2613 of this title, protect from
disclosure the specific chemical identity of
the chemical substance for which the Administrator approves a claim under subclause (II) for a period of 10 years, unless,
prior to the expiration of the period—
(aa) the person notifies the Administrator that the person is withdrawing
the claim, in which case the Administrator shall not protect the information
from disclosure; or
(bb) the Administrator otherwise becomes aware that the information does
not qualify for protection from disclosure, in which case the Administrator
shall take the actions described in section 2613(g)(2) of this title; and
(IV) pursuant to section 2605(b) of this
title, review the priority of the chemical
substance as the Administrator determines
to be necessary.
(C) CATEGORY STATUS.—The list of inactive
substances shall not be considered to be a category for purposes of section 2625(c) of this
title.
(6) INTERIM LIST OF ACTIVE SUBSTANCES.—Prior
to the promulgation of the rule required under
paragraph (4)(A), the Administrator shall designate the chemical substances reported under
part 711 of title 40, Code of Federal Regulations

§ 2607

TITLE 15—COMMERCE AND TRADE

(as in effect on June 22, 2016), during the reporting period that most closely preceded June 22,
2016, as the interim list of active substances for
the purposes of section 2605(b) of this title.
(7) PUBLIC INFORMATION.—Subject to this subsection and section 2613 of this title, the Administrator shall make available to the public—
(A) each specific chemical identity on the
nonconfidential portion of the list published
under paragraph (1) along with the Administrator’s designation of the chemical substance
as an active or inactive substance;
(B) the unique identifier assigned under section 2613 of this title, accession number, generic name, and, if applicable, premanufacture
notice case number for each chemical substance on the confidential portion of the list
published under paragraph (1) for which a
claim of confidentiality was received; and
(C) the specific chemical identity of any active substance for which—
(i) a claim for protection against disclosure of the specific chemical identity of the
active substance was not asserted, as required under this subsection or section 2613
of this title;
(ii) all claims for protection against disclosure of the specific chemical identity of
the active substance have been denied by the
Administrator; or
(iii) the time period for protection against
disclosure of the specific chemical identity
of the active substance has expired.
(8) LIMITATION.—No person may assert a new
claim under this subsection or section 2613 of
this title for protection from disclosure of a specific chemical identity of any active or inactive
substance for which a notice is received under
paragraph (4)(A)(i) or (5)(B)(i) that is not on the
confidential portion of the list published under
paragraph (1).
(9) CERTIFICATION.—Under the rules promulgated under this subsection, manufacturers and
processors, as applicable, shall be required—
(A) to certify that each notice or substantiation the manufacturer or processor submits
complies with the requirements of the rule,
and that any confidentiality claims are true
and correct; and
(B) to retain a record documenting compliance with the rule and supporting confidentiality claims for a period of 5 years beginning
on the last day of the submission period.
(10) MERCURY.—
(A) DEFINITION OF MERCURY.—In this paragraph, notwithstanding section 2602(2)(B) of
this title, the term ‘‘mercury’’ means—
(i) elemental mercury; and
(ii) a mercury compound.
(B) PUBLICATION.—Not later than April 1,
2017, and every 3 years thereafter, the Administrator shall carry out and publish in the Federal Register an inventory of mercury supply,
use, and trade in the United States.
(C) PROCESS.—In carrying out the inventory
under subparagraph (B), the Administrator
shall—
(i) identify any manufacturing processes
or products that intentionally add mercury;
and

Page 1726

(ii) recommend actions, including proposed
revisions of Federal law or regulations, to
achieve further reductions in mercury use.
(D) REPORTING.—
(i) IN GENERAL.—To assist in the preparation of the inventory under subparagraph
(B), any person who manufactures mercury
or mercury-added products or otherwise intentionally uses mercury in a manufacturing process shall make periodic reports to
the Administrator, at such time and including such information as the Administrator
shall determine by rule promulgated not
later than 2 years after June 22, 2016.
(ii) COORDINATION.—To avoid duplication,
the Administrator shall coordinate the reporting under this subparagraph with the
Interstate Mercury Education and Reduction
Clearinghouse.
(iii) EXEMPTION.—Clause (i) shall not apply
to a person engaged in the generation, handling, or management of mercury-containing
waste, unless that person manufactures or
recovers mercury in the management of that
waste.
(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

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TITLE 15—COMMERCE AND TRADE

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 a 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.
(Pub. L. 94–469, title I, § 8, Oct. 11, 1976, 90 Stat.
2027; renumbered title I, Pub. L. 99–519, § 3(c)(1),
Oct. 22, 1986, 100 Stat. 2989; amended Pub. L.
114–182, title I, §§ 8, 19(g), June 22, 2016, 130 Stat.
470, 507.)
AMENDMENTS
2016—Subsec. (a)(2). Pub. L. 114–182, § 8(a)(1)(A), struck
out concluding provisions which read as follows: ‘‘To
the extent feasible, the Administrator shall not require
under paragraph (1), any reporting which is unnecessary or duplicative.’’
Subsec. (a)(2)(E). Pub. L. 114–182, § 19(g)(1), substituted
‘‘information’’ for ‘‘data’’.
Subsec. (a)(3)(A)(ii)(I). Pub. L. 114–182, § 19(g)(2), substituted ‘‘, an order in effect under section 2603 or
2604(e) of this title, or a consent agreement under section 2603 of this title’’ for ‘‘or an order in effect under
section 2604(e) of this title’’.
Subsec. (a)(3)(C). Pub. L. 114–182, § 8(a)(1)(B), added
subpar. (C).
Subsec. (a)(4) to (6). Pub. L. 114–182, § 8(a)(1)(C), added
pars. (4) to (6).
Subsec. (b)(3) to (9). Pub. L. 114–182, § 8(a)(2), added
pars. (3) to (9).
Subsec. (b)(10). Pub. L. 114–182, § 8(b), added par. (10).
EFFECTIVE DATE
Section effective Jan. 1, 1977, see section 31 of Pub. L.
94–469, set out as a note under section 2601 of this title.
ASBESTOS INFORMATION
Pub. L. 100–577, Oct. 31, 1988, 102 Stat. 2901, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Asbestos Information
Act of 1988’.
‘‘SEC. 2. SUBMISSION OF INFORMATION BY MANUFACTURERS.
‘‘Within 90 days after the date of the enactment of
this Act [Oct. 31, 1988], any person who manufactured or
processed, before the date of the enactment of this Act,
asbestos or asbestos-containing material that was prepared for sale for use as surfacing material, thermal
system insulation, or miscellaneous material in buildings (or whose corporate predecessor manufactured or
processed such asbestos or material) shall submit to
the Administrator of the Environmental Protection
Agency the years of manufacture, the types or classes
of product, and, to the extent available, other identify-

§ 2608

ing characteristics reasonably necessary to identify or
distinguish the asbestos or asbestos-containing material. Such person also may submit to the Administrator
protocols for samples of asbestos and asbestos-containing material.
‘‘SEC. 3. PUBLICATION OF INFORMATION.
‘‘Within 30 days after the date of the enactment of
this Act [Oct. 31, 1988], the Administrator shall publish
a notice in the Federal Register that explains how,
when, and where the information specified in section 2
is to be submitted. The Administrator shall receive and
organize the information submitted under section 2
and, within 180 days after the date of the enactment of
this Act, shall publish the information. In carrying out
this section, the Administrator may not—
‘‘(1) review the information submitted under section 2 for accuracy, or
‘‘(2) analyze such information to determine whether
it is reasonably necessary to identify or distinguish
the particular asbestos or asbestos-containing material.
‘‘SEC. 4. DEFINITIONS.
‘‘In this Act:
‘‘(1) The term ‘asbestos’ means—
‘‘(A) chrysotile, amosite, or crocidolite, or
‘‘(B) in fibrous form, tremolite, anthophyllite, or
actinolite.
‘‘(2) The term ‘asbestos-containing material’ means
any material containing more than one percent asbestos by weight.
‘‘(3) The term ‘identifying characteristics’ means a
description of asbestos or asbestos-containing material, including—
‘‘(A) the mineral or chemical constituents (or
both) of the asbestos or material by weight or volume (or both),
‘‘(B) the types or classes of the product in which
the asbestos or material is contained,
‘‘(C) the designs, patterns, or textures of the product in which the asbestos or material is contained,
and
‘‘(D) the means by which the product in which the
asbestos or material is contained may be distinguishable from other products containing asbestos
or asbestos-containing material.
‘‘(4) The term ‘miscellaneous material’ means
building material on structural components, structural members, or fixtures, such as floor and ceiling
tiles. The term does not include surfacing material or
thermal system insulation.
‘‘(5) The term ‘protocol’ means any procedure for
taking, handling, and preserving samples of asbestos
and asbestos-containing material and for testing and
analyzing such samples for the purpose of determining the person who manufactured or processed for
sale such samples and the identifying characteristics
of such samples.
‘‘(6) The term ‘surfacing material’ means material
in a building that is sprayed on surfaces, troweled on
surfaces, or otherwise applied to surfaces for acoustical, fireproofing, or other purposes, such as acoustical plaster on ceilings and fireproofing material on
structural members.
‘‘(7) The term ‘thermal system insulation’ means
material in a building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other structural components to prevent heat loss or gain or water condensation, or for other purposes.’’

§ 2608. Relationship to other Federal laws
(a) Laws not administered by the Administrator
(1) If the Administrator determines that the
manufacture, processing, distribution in commerce, use, or disposal of a chemical substance
or mixture, or that any combination of such activities, presents an unreasonable risk of injury
to health or the environment, without consider-