APPENDIX A

Toxic Substances Control Act Section 6(e)

15 USC 2605(e)
TITLE 15 - Commerce and trade

CHAPTER 53 - Toxic substances control

SUBCHAPTER I - Control of toxic substances

Sec. 2605. - Regulation of hazardous chemical substances and mixtures

* * * 

(e) Polychlorinated biphenyls

(1) Within six months after January 1, 1977, the Administrator shall promulgate rules to -

(A) prescribe methods for the disposal of polychlorinated biphenyls, and

(B) require polychlorinated biphenyls to be marked with clear and adequate 

warnings, and instructions with respect to their processing, distribution in 

commerce, use, or disposal or with respect to any combination of such activities.

Requirements prescribed by rules under this paragraph shall be consistent with the 

requirements of paragraphs (2) and (3).

(2) (A)Except as provided under subparagraph (B), effective one year after January 1, 

1977, no person may manufacture, process, or distribute in commerce or use any

polychlorinated biphenyl in any manner other than in a totally enclosed manner.

(B) The Administrator may by rule authorize the manufacture, processing, 

distribution in commerce or use (or any combination of such activities) of any

polychlorinated biphenyl in a manner other than in a totally enclosed manner if 

the Administrator finds that such manufacture, processing, distribution in 

commerce, or use (or combination of such activities) will not present an 

unreasonable risk of injury to health or the environment.

(C) For the purposes of this paragraph, the term ''totally enclosed manner'' means 

any manner which will ensure that any exposure of human beings or the 

environment to a polychlorinated biphenyl will be insignificant as determined by

the Administrator by rule.

(3) (A) Except as provided in subparagraphs (B) and (C) -

(i) no person may manufacture any polychlorinated biphenyl after two 

years after January 1, 1977, and

(ii) no person may process or distribute in commerce any polychlorinated 

biphenyl after two and one-half years after such date.
(B) Any person may petition the Administrator for an exemption from the 

requirements of subparagraph (A), and the Administrator may grant by rule such 

an exemption if the Administrator finds that -

(i) an unreasonable risk of injury to health or environment would not 

result, and

(ii) good faith efforts have been made to develop a chemical substance 

which does not present an unreasonable risk of injury to health or the 

environment and which may be substituted for such polychlorinated 

biphenyl.

An exemption granted under this subparagraph shall be subject to such terms and 

conditions as the Administrator may prescribe and shall be in effect for such period (but 

not more than one year from the date it is granted) as the Administrator may prescribe.

(C) Subparagraph (A) shall not apply to the distribution in commerce of any

polychlorinated biphenyl if such polychlorinated biphenyl was sold for purposes 

other than resale before two and one half years after October 11, 1976.

(4) Any rule under paragraph (1), (2)(B), or (3)(B) shall be promulgated in accordance 

with paragraphs (2), (3), and (4) of subsection (c) of this section.

(5) This subsection does not limit the authority of the Administrator, under any other 

provision of this chapter or any other Federal law, to take action respecting any 

polychlorinated biphenyl