Attachment A

Toxic Substances Control Act Section 5 (15 U.S.C. 2604)Sec. 2604.

- Manufacturing and processing notices

(a) In general

(1) Except as provided in subsection (h) of this section, no person may

- (A) manufacture a new chemical substance on or after the 30th day after the

date on which the Administrator first publishes the list required b y section

2607(b) of this title, or

(B) manufacture or process an y chemical substance for a use which t he

Administrator has determined, in accordance with paragraph (2), is a

significant new use,

unless such person submits to the Administrator, at least 90 day s before such

manufacture or processing, a notice, in accordance with subsection (d) of this

section, of such person's intention to manufacture or process such substance and

such person complies with any applicable requirement of subsection (b) of this

section.

(2) A determination by the Administrat or that a use of a chemical substance is a

significant new use with respect to which notification is required under paragraph

(1) shall be made b y a rule promulgated after a consideration of all relevant

factors, including

- (A ) the projected volume of manufacturing and processing of a chemical substance,

(B) the extent to which a use changes the t yp e or form of exposure of human

beings or the environment to a chemical substance,

(C) the extent to which a use increases the magnitude and duration of

exposure of human beings or the environment to a chemical substance, and

(D) the reasonabl y anticipated manner and methods of manufacturing,

processing, distribution in commerce, an d disposal of a chemical substance.

(b) Submission of test data

(1)(A) If

(i) a person is required by subsection (a)(1) of this section to submit a notice

to the Administrator before beginning the manufacture or processing o f a

chemical substance, and

(ii) such person is required to submit test data for such substance pursuant to

a rule promulgated under section 2603 of this title before the submission of

such notice, such person shall submit to the Administrator such data in

accordance with such rule at the time notice is submitted in accordance

with subsection (a)(1) of this section.

(B) If

- (i) a person is required by subsection (a)(1) of this section to submit a notice

to the Administrator, and

(ii)such person has been granted an exemption under section 2603(c) of this

title from the requirements of a rule promulgated under section 2603 of this

title before the submission of such notice, such person may not, before the expiration of

the 90 day

period which begins on the date of the submission in accordance with such

rule of the test data the

submission or devel opment of which was the basis for the exemption, manufacture

such substance if such person is subject to subsection (a)(1)(A) of this section ormanufacture or process such substance for a significant new use if the person is

subject to subs ection (a)(1)(B) of this section.

(2)(A) If a person

- (i) is required b y s ubsection (a)(1) of this section to submit a notice to the

Administrator before beginning the manufacture or processing of a

chemical substa nce listed under paragraph (4), and

(ii)is not required by

a rule promulgated under section 2603 of this title before

the submission of such notice to submit test data for such substance,

such person shall submit to the Admi nistrator data prescribed b y subparagraph

(B) at the time notice is submitted in accordance with subsection (a)(1) of this section.

(B) Data submitted pursuant to subparagraph (A) shall be data which the

person submitting the data be lieves show that

- (i) in the case of a substance with respect to which notice is required under

subsection (a)(1)(A) of this section, the manufacture, processing,

distribution in commerce, use, and disposal of the chemic al substance or

any combination of such activities will not present an unreasonable risk of

injury to health or the environment, or

(ii) in the case of a chemical substance with respect to which notice is

requ ired under subsection (a)(1)(B) of this section, the intended

significant new use of the chemical substance will not present an

unreasonable risk of injury to health or the environment.

(3) Data submitted under paragraph (1) o r (2) shall be made available, subject to

section 2613 of this title, for examination by interested persons.

(4)(A)

(i) The Administrator may , by rule, compile and keep current a list of chemical

substances with respect to which the Administrator finds that the

manufacture, processing, distribution in commerce, use, or disposal, or

any combination of such activities, presents or may present an

unreasonable risk of injury to health or th e environment.

(ii) In making a finding under clause (i) that the manufacture, processing,

distribution in commerce, use, or disposal of a chemical substance or an y combination of such activities presents or may present a n unreasonable

risk of injury

to health or the environment, the Administrator shall

consider all relevant factors, including

- (I) the effects of the chemical substance on health and the magnitude of

huma n exposure to such substance; and

(II) the effects of the chemical substance on the environment and the

magnitude of environmental exposure to such substance.

(B) The Administrator shall, in prescribing a rule under subp aragraph (A)

which lists any

chemical substance, identify those uses, if any , which the

Administrator determines, by rule under subsection (a)(2) of this section,

would constitute a significant new use of such substance.

(C) An y rule under subparagraph (A), and any substantive amendment or

repeal of such a rule, shall be promulgated pursuant to the procedures

specified in section 553 of title 5, except that

(i) the Administrator shall giv e interested persons an opportunit y for the oralpresentation of data, views, or arguments, in addition to an opportunity to

make written submissions,

(ii) a transcript shall be kept of an y oral presentation, and

(iii) the Administrator shall make and publish with the rule the finding

described in subparagraph (A).

(c) Extension of notice period

The Administrator may

for good cause extend for additional periods (not to

exceed in the a ggregate 90 day s) the period, prescribed b y subsection (a) or (b) of this

section before which the manufacturing or processing of a chemical substance

subject to such subsection may begin. Subject to section 2613 of this title, such an

exten sion and the reasons therefor shall be published in the Federal Register and shall

constitute a final agency

action subject to judicial review.

(d) Content of notice; publications in the Federal Register

(1) The notice required by subsection (a) of this section shall include

- (A) insofar as known to the person submitting the notice or insofar as

reasonabl y ascertainable, the information described in subparagraphs (A), (B),

(C), (D), (F), and (G) of section 2607(a)( 2) of this title, and

(B) in such form and manner as the Administrator may prescribe, any

test

data in the possession or control of the person giving such notice which are

related to the effect of any manufacture, processing, di stribution in commerce,

use, or disposal of such substance or an y article containing such substance,

or of an y combination of such activities, on health or the environment, and

(C) a description of any

other data concerning the environmental and health

effects of such substance, insofar as known to the person making the notice

or insofar as reasonably

ascertainable.

Such a notice shall be made available, subject to section 2613 of this title, for

examination by

interested persons.

(2) Subject to section 2613 of this title, not later than five day s (excluding

Saturday s, Sunday s and legal holiday s) after the date of the receipt of a notice

under subsection (a) of this section or of data under subsection (b) of this

section, the Administrator shall publish in the Federal Register a notice which

- (A) identifies the chemical substance for which notice or data has been

received;

(B) lists the uses or intended uses of such substance; and

(C) in the case of the receipt of data under subsection (b) of this section,

describes the nature of the tests performed on such substance and an y data

which was developed pursuant to subsec tion (b) of this section or a rule

under section 2603 of this title.A notice under this paragraph respecting a chemical substance shall identify the

chemical substance by

generic class unless the Administrator determines that more

specific identification is required in the public interest.

(3) At the beginning of each month the Administrator shall publish a list in the

Federal Register of

(A) each chemical substance for which notice has been received under

subsection (a) of this section and for which the notification period prescribed

by subsection (a), (b), or (c) of this section has not expired, and

(B) each chemical substance for which such notification period has expired

since the last publication in the Federal Register of such list.

(e) Regulation pending development of information

(1)

(A) If the Administrator determines that

- (i) the information available to the Administrator is insuff icient to permit a

reasoned evaluation of the health and environmental effects of a chemical

substance with respect to which notice is required b y subsection (a) of

this section; and

(ii)(I) in the absence of sufficient information to permit the Administrator to

make such an evaluation, the manufacture, processing, distribution in

commerce, use, or disposal of such substance, or an y combination of

such activities, ma y present an unreasonable risk of injury to health or

the environment, or

(II) such substance is or will be produced in substantial quantities, and

such substance either enters or may reasonably

be anticipated to enter

the environment in substantial quantities or there is or may be

significant or substantial human exposure to the substance,

the Administrator may

issue a proposed order, to take effect on the expiration of

the notification period applicable to the manufacturing or processing of such

substance under subsection (a), (b), or (c) of this section, to prohibit or limit the

manufacture, processing, distribution in commerce, use, or disposal of such

substance or to prohibit or limit any combination of such activities.

(B) A proposed order may not be issued under subparagraph (A) respecting

a chemical substance

(i) later than 45 day s before the expiration of the notifica tion period

applicable to the manufacture or processing of such substance under

subsection (a), (b), or (c) of this section, and

(ii) unless the Administrator has, on or before the issuance of the proposed

ord er, notified, in writing, each manufacturer or processor, as the case may

be, of such substance of the determination which underlies such order.

(C) If a manufacturer or processor of a chemical substance to be subject to a

p roposed order issued under subparagraph (A) files with the Administrator

(within the 30

- day

period beginning on the date such manufacturer orprocessor received the notice required b y subparagraph (B)(ii)) objections

specify in g with particularity the provisions of the order deemed objectionable

and stating the grounds therefor, the proposed order shall not take effect.

(2)(A)

(i) Except as provided in clause (ii), if with respect to a chemical substance

with respect to which notice is required b y subsection (a) of this section,

the Administrator makes the determination described in paragraph (1)(A)

and if

- (I) the Administrator does not issue a proposed order und er paragraph (1)

respecting such substance, or

(II) the Administrator issues such an order respecting such substance but

such order does not take effect because objections were filed under

paragraph (1)(C) with respect to it,

the Administrator, through attorney s of the Environmental Protection Agency

, shall apply

to the United States District Court for the District of Columbia or the

United States district court for the judicial di strict in which the manufacturer or

processor, as the case may be, of such substance is found, resides, or transacts

business for an injunction to prohibit or limit the manufacture, processing,

distribution in commerce, use, or disposal of s uch substance (or to prohibit or limit

any combination of such activities).

(ii) If the Administrator issues a proposed order under paragraph (1)(A)

respecting a chemical substance but such order does not take effect

because objections have been filed under paragraph (1)(C) with respect to

it, the Administrator is not required to apply for an injunction under clause

(i) respecting such substance if the Administrator determines, on the basis

of such objections, that the determinations under paragraph (1)(A) may

not be made.

(B) A district court of the United States which receives an application under

subparagraph (A)(i) for an injunction respecting a chem ical substance shall

issue such injunction if the court finds that

- (i) the information available to the Administrator is insufficient to permit a

reasoned evaluation of the health and environmental effects of a chemical

substance with respect to which notice is required b y subsection (a) of

this section; and

(ii)(I) in the absence of sufficient information to permit the Administrator to

make such an evaluation, the manufact ure, processing, distribution in

commerce, use, or disposal of such substance, or an y combination of

such activities, may

present an unreasonable risk of injury to health or

the environment, or

( II) such substance is or will be produced in substantial quantities, and

such substance either enters or may reasonably

be anticipated to enter

the environment in substantial quantities or there is or may be

sig nificant or substantial human exposure to the substance.

(C) Pending the completion of a proceeding for the issuance of an injunction

under subparagraph (B) respecting a chemical substance, the court may , upon application of the Administrator made through attorney s of the EnvironmentalProtection Agency , issue a temporary restraining order or a preliminary

injunction to prohibit the manufacture, processing, distribution in commerce,

use, or disposal of such a substance (or any combination of such activities) if

the court finds that the notification period applicable under subsection (a), (b),

or (c) of this section to the manufacturing or processing of such substance

may expire before such proceeding can be completed.

(D) After the submission to the Administrator of test data sufficient to

evaluate the health and environmental effects of a chemical substance subject

to an injunction issued under subparagraph (B) and the evaluation of such

data b y the Administrator, the district court of the United States which issued

such injunction shall, upon petition dissolve the injunction unless the

Administrator has initiated a proceeding for the issuance of a rule under

section 2605(a) of this title respecting the substance. If such a proceeding has

been initiated, such court shall continue the injunction in effect until the

effective date of the r

ule promulgated in such proceeding or, if such

proceeding is terminated without the promulgation of a rule, upon the

termination of the proceeding, whichever occurs first.

(f) Protection against unreasonable risks

(1) If the Ad ministrator finds that there is a reasonable basis to conclude that

the manufacture, processing, distribution in commerce, use, or disposal of a

chemical substance with respect to which notice is required b y subsection (a) of

this sect ion, or that any

combination of such activities, presents or will present an

unreasonable risk of injury to health or environment before a rule promulgated

under section 2605 of this title can protect against such risk, the Administrator

shall, before the expiration of the notification period applicable under subsection

(a), (b), or (c) of this section to the manufacturing or processing of such

substance, take the action authorized by paragraph (2) or (3) to the extent

necessary to protect against such risk.

(2) The Administrator may issue a proposed rule under section 2605(a) of this

title to apply

to a chemical substance with respect to which a finding was made

under paragraph (1)

- (A) a requirement limiting the amount of such substance which may be

manufactured, processed, or distributed in commerce,

(B) a requirement described in paragraph (2), (3), (4), (5), (6), or (7) of section

2605(a) of this title, or

(C) an y combination of the requirements referred to in subparagraph (B).

Such a proposed rule shall be effective upon its publication in the Federal

Register. Section 2605(d)(2)(B) of this title shall apply with respect to such rule.

(3)(A) The Administrator may

- (i) issue a proposed order to prohibit the manufacture, processing, or

distribution in commerce of a substance with respect to which a finding

was made under paragraph (1), or

(ii) apply , through attorney s of the Environmental Protection Agency , to the

United States District Court for the District of Columbia or the United

States district court for the judicial district in which the manufacturer, orprocessor, as the case may be, of such substance, is found, resides, or

transacts business for an injunction to prohibit the manufacture,

processing, or distribution in commerce of such substance.

A proposed orde r issued under clause (i) respecting a chemical substance shall

take effect on the expiration of the notification period applicable under subsection (a),

(b), or (c) of this section to the manufacture or processing of such substance.

(B) If the district court of the United States to which an application has been

made under subparagraph (A)(ii) finds that there is a reasonable basis to

conclude that the manufacture, processing, distribution in commerce, use, or

disposal of the chemical substance with respect to which such application

was made, or that any

combination of such activities, presents or will present

an unreasonable risk of injury to health or the environment before a rule

promulgated under section 2605 of this title can protect against such risk, the

court shall issue an injunction to prohibit the manufacture, processing, or

distribution in commerce of such substance or to prohibit any combination of

such activities.

(C) The provisions of subparagraphs (B) and (C) of subsection (e)(1) of this

section shall apply

with respect to an order issued under clause (i) of

subparagraph (A); and the provisions of subparagraph (C) of subsection

(e)(2) of this section shall apply with respect to an injunction issued under

subparagraph (B).

(D) If the Administrator issues an order pursuant to subparagraph (A)(i)

respecting a chemical substance and objections are filed in accordance with

subsection (e)(1)(C) of this section, the Administrator shall seek an injunction

under subparagraph (A)(ii) respecting such substance unless the

Administrator determines, on the bas is of such objections, that such

substance does not or will not present an unreasonable risk of injury to health

or the environment.

(g) Statement of reasons for not taking action

If the Administrator has not initiated any a ction under this section or section

2605 or 2606 of this title to prohibit or limit the manufacture, processing, distribution

in commerce, use, or disposal of a chemical substance, with respect to which

notification or data is required b y su bsection (a)(1)(B) or (b) of this section, before the

expiration of the notification period applicable to the manufacturing or processing of

such substance, the Administrator shall publish a statement of the Administrator's

reasons for not i nitiating such action. Such a statement shall be published in the

Federal Register before the expiration of such period. Publication of such statement in

accordance with the preceding sentence is not a prerequisite to the manufacturing or

pr ocessing of the substance with respect to which the statement is to be published.

(h) Exemptions

(1) The Administrator may , upon application, exempt any person from any

requirement of subsection (a) or (b) of this section to permit such per son to

manufacture or process a chemical substance for test marketing purposes

- (A) upon a showing by

such person satisfactory

to the Administrator that

the manufacture, processing, distribution in commerce, use, and disposal ofsuch substance, and that any combination of such activities, for such

purposes will not present an y unreasonable risk of injury to health or the

environment, and

(B) under such restrictions as the Administrator consider s appropriate.

(2)(A) The Administrator may , upon application, exempt any person from the

requirement of subsection (b)(2) of this section to submit data for a chemical

substance. If, upon receipt of an application under the prec eding sentence,

the Administrator determines that

- (i) the chemical substance with respect to which such application was

submitted is equivalent to a chemical substance for which data has been

submitted to the Administrator as required by subsection (b)(2) of this

section, and

(ii) submission of data b y the applicant on such substance would be

duplicative of data which has been submitted to the Administrator

in accordance with such subsection,

the Administrator shall exempt the applicant from the requirement to submit

such data on such substance. No exemption which is granted under this

subparagraph with respect to the submission of data for a chemical substa nce may take effect before the beginning of the reimbursement period applicable to such data.

(B) If the Administrator exempts any person, under subparagraph (A), from

submitting data required under subsection (b)(2) of this section for a chemical

substance because of the existence of previously submitted data and if such

exemption is granted during the reimbursement period for such data, then

(unless such person and the persons referred to in clauses (i ) and (ii) agree on

the amount and method of reimbursement) the Administrator shall order the

person granted the exemption to provide fair and equitable reimbursement (in

an amount determined under rules of the Administrator)

- (i) to the person who previously submitted the data on which the exemption

was based, for a portion of the costs incurred by such person in

comply ing with the requirement under subsection (b)(2) of this section to

submit such data, and

(ii) to any other person who has been required under this subparagraph to

contribute with respect to such costs, for a portion of the amount such

person was required to contribute.

I n promulgating rules for the determination of fair and equitable reimbursement

to the persons described in clauses (i) and (ii) for costs incurred with respect to a

chemical substance, the Administrator shall, after consultation with the Attorney

General and the Federal Trade Commission, consider all relevant factors, including

T he effect on the competitive position of the person required to provide

reimbursement in relation to the persons to be reimbursed and the share of the mar ket

for such substance of the person required to provide reimbursement in relation to the

share of such market of the persons to be reimbursed. For purposes of judicial review,

an order under this subparagraph shall be considered final a gency action.(C) For purposes of this paragraph, the reimbursement period for an y

previously

submitted data for a chemical substance is a period

- (i) beginning on the date of the termination of the prohibition, imposed under

this section, on the manufacture or processing of such substance b y the

person who submitted such data to the Administrator, and

(ii) ending

- (I) five ye ars after the date referred to in clause (i), or

(II) at the expiration of a period which begins on the date referred to in

clause (i) and is equal to the period which the Administrator determines

was necessary

to develop such data, whichever is later.

(3) The requiremen ts of subsections (a) and (b) of this section do not apply

with respect to the manufacturing or processing of an y chemical substance which

is manufactured or processed, or proposed to be manufactured or processed, only

in small quantit ies (as defined b y the Administrator b y rule) solel y for purposes of

- (A) scientific experimentation or anal ys is, or

(B) chemical research on, or anal ys is of such substance or another

substance, including such research or anal ys i s for the development of a product,

if all persons engaged in such experimentation, research, or anal ys is for a

manufacturer or processor are notified (in such form and manner as the Administrator

may prescribe) of any risk to health whi ch the manufacturer, processor, or the

Administrator has reason to believe may be associated with such chemical substance.

(4) The Administrator may , upon application and by rule, exempt the

manufacturer of an y new chemical substance from all or part of the requirements

of this section if the Administrator determines that the manufacture, processing,

distribution in commerce, use, or disposal of such chemical substance, or that an y

combination of such activities, will n ot present an unreasonable risk of injury to

health or the environment. A rule promulgated under this paragraph (and any

substantive amendment to, or repeal of, such a rule) shall be promulgated in

accordance with paragraphs (2) and (3 ) of section 2605(c) of this title.

(5) The Administrator may , upon application, make the requirements of

subsections (a) and (b) of this section inapplicable with respect to the

manufacturing or processing of an y chemical substance

(A) which exists temporaril y as a result of a chemical reaction in the

manufacturing or processing of a mixture or another chemical substance, and

(B) to which there is no, and will not be, human or environmental exposure.

(6) I mmediatel y upon receipt of an application under paragraph (1) or (5) the

Administrator shall publish in the Federal Register notice of the receipt of such

application. The Administrator shall give interested persons an opportunity to

c omment upon an y such application and shall, within 45 days of its receipt, either

approve or den y the application. The Administrator shall publish in the Federal

Register notice of the approval or denial of such an application.

(i) ''Manu facture'' and ''process'' defined

For purposes of this section, the terms ''manufacture'' and ''process'' mean

manufacturing or processing for commercial purposes