EPA ICR No. 1741.06; OMB Control No. 2070-0145

ATTACHMENT 1

Toxic Substances Control Act Section 8

15 USC 2607
US Code as of: 01/23/00

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.