§ 2607. — Reporting and retention of information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2607]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
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.
(Pub. L. 94-469, title I, Sec. 8, Oct. 11, 1976, 90 Stat. 2027;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100
Stat. 2989.)
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 identifying 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.''
Section Referred to in Other Sections
This section is referred to in sections 2602, 2604, 2611, 2618, 2620
of this title.
