APPENDIX A Toxic Substances Control Act Section 6(e)

15 USC 2605(e)TI TL E 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) Poly chlorinated bipheny ls (1) Within six months after January 1, 1977, the Administrator shall promulgate rules to

- (A) prescribe methods for the disposal of poly chlorinated bipheny ls, and (B) require pol yc hlorinated 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 an y combination of such activities. Requirements prescri bed 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 ye ar after January 1, 1977, no person may

manufacture, process, or distribute in commer ce or use any poly chlorinated bipheny l 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 an y combination of such activities) of any poly chlor inated bipheny l 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 poly chlorinated bipheny l will be insignificant as determined by the Administrator by

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

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(i) no person may

manufacture any

poly chlorinated bipheny l after two ye ars after January

1, 1977, and (ii) no person may

process or distribute in commerce an y pol ychlo rinated bipheny l after two and one

- half ye ars after such date.(B) An y person may petition the Administrator for an exemption from the requirements of subparagraph (A), and the Administrator may grant b y 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 ma y be substituted for such polychlorinated bipheny l. 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 ye ar from the d ate it is granted) as the Administrator may prescribe. (C) Subparagraph (A) shall not apply to the distribution in commerce of any poly chlorinated bipheny l if such poly chlorinated bipheny l was sold for purposes other than resale before two and one half ye ars after October 11, 1976. (4) An y 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 an y other Federal law, to take action respecting any poly chlorinated bipheny l