**EPA ICR No. 1884.0 8**  **; OMB Control No. 2070**

**- 0162** 

**Attachment 1 Toxic Substances Control Act, Section 8** 

**15 USC 2607 Sec. 2607. (TSCA §8) Reporting and retention of information** 

(a) Reports (1) The Administrator shall promu lgate 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 ma intain 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 anal ys is or chemical research on, or analy sis of, such substance or another substance, includ ing any such research or analy sis 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 necessar y 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 su bsection (b) of this section, the Administrator shall promulgate rules pursuant to this subsection not later than 180 day s after January 1, 1977. (2) The Administrator may require under paragraph (1) maintenance of records and reporting with respect to th e following insofar as known to the person making the report or insofar as
reasonabl y 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 require d. (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 by products 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 employ ment 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), an y 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

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(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, aft er 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

ye ars befo re 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 sh all 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 day s 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 b y the Administrator by rule) solely

for purposes of scientific experimentation or anal ysis or chemical r esearch on, or anal ys is of, such substance or another substance, including such research or anal ys is 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 p aragraph (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 b y the Administrator by rule, alleged to have been caused b y t he substance or mixture. Records of such adverse reactions to the health of emplo yees shall be retained for a period of 30 ye ars 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 ye ars from the date the information contained in the record was first reported to orknown 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 injur y, and reports or complaints of injury to the environment submitted to the manufacturer, processor, or distributor in commerce from any source. Upon request of an y 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 an y person who manufac tures, processes, or distributes in commerce or who proposes to manufacture, process, or distribute in commerce an y chemical substance or mixture (or with respect to paragraph (2), an y 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 an y time, (B) known to such person, or (C) reasonabl y ascertainable b y such person, except that the Administrator may excl ude certain ty pes 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 an y stud y contained on a l ist 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 w hich 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 Admini strator 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.