EPA ICR No. 1884.08; 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 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.