An Act to regulate commerce and protect human health and the environment by requiring testing and necessary use restrictions on certain chemical substances, and for other purposes.
PL 94-469 (S.3149), enacted 10/11/1976

PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2003 
Public Law 94-469 
94th Congress 
An Act 
To regulate commerce and protect human health and the environment by 
Oct. 11, 1976 
requiring testing and necessary use restrictions on certain chemical substances, 
rg 314,91 
and for other purposes. 
'• ' 
•' 
Be it enacted hy the Seriate and House of Represerdatives of the 
United States of Ameiica in Gonqress assembled. 
Toxic Substances 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
°" ™ ^' 
This Act may be cited as the "Toxic Substances Control Act". 
15 USC 2601 
note. 
TABLE OF CONTENTS 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings, policy, and intent. 
Sec. 3. Definitions. 
Sec. 4. Testing of chemical substances and mixtures. 
Sec. 5. Manufacturing and processing notices. 
Sec. 6. Regulation of hazardous chemical substances and mixtures. 
Sec. 7. Imminent hazards. 
• ' 
Sec. 8. Reporting and retention of information. 
Sec. 9. Relationship to other Federal laws. 
Sec. 10. Research, development, collection, dissemination, and utilization of data. 
Sec. 11. Inspections and subpoenas. 
Sec. 12. Exports. 
Sec. 13. Entry into customs territory of the United States. 
Sec. 14. Disclosure of data. 
Sec. 15. Prohibited acts. 
Sec. 16. Penalties. 
Sec. 17. Specific enforcement and seizure. 
Sec. 18. Preemption. 
Sec. 19. Judicial review. 
Sec. 20. Citizens' civil actions. 
Sec. 21. Citizens' petitions. 
Sec. 22. National defense waiver. 
Sec. 23. Employee protection. 
.; : -j >'ri \ 
Sec. 24. Employment effects. 
Sec. 25. Studies. 
Sec. 26. Administration of the Act. 
Sf 
c. 27. Development and evaluation of test methods. 
Sec. 28. State programs. 
Sec. 29. Authorization for appropriations. 
; u, 'V 
ffc 
Sec. 30. Annual report. 
Sec. 31. Effective date. 
SEC. 2. FINDINGS, POLICY, AND INTENT. 
(a) FiNDiNtJS.—The Congress finds that— 
15 U
S
C 2601. 
(1) human beings and the environment are being exposed each 
year to a large number of chemical substances and mixtures ; 
(2) among the many chemical substances and mixtures which 
are constantly being developed and produced, there are some 
whose manufacture, processing, distribution in commerce, use, or 
disposal may present an unreasonable risk of injury to health or 
the environment; and 
(3) the effective regulation of interstate commerce in such 
chemical substances and mixtures also necessitates the regulation 
of intrastate commerce in such chemical substances and mixtures. 
(b) POLICY.—It is the policy of the United States that— 
• r 
(1) adequate data should be developed with respect to the effect 
of chemical substances and mixtures on health and the environ-
90 STAT. 2004 
PUBLIC LAW 94-469—OCT. 11, 1976 
ment and that the development of such data should be the respon-
sibility of those who manufacture and those who process such 
chemical substances and mixtures; 
(2) adequate authority should exist to regulate chemical sub-
stances and mixtures which present an unreasonable risk of injury 
to health or the environment, and to take action with respect to 
chemical substances and mixtures which are imminent hazards; 
and 
(3) authority over chemical substances and mixtures should be 
exercised in such a manner as not to impede unduly or create 
unnecessary economic barriers to technological innovation while 
fulfilling the primary purpose of this Act to assure that such inno-
vation and commerce in such chemical substances and mixtures 
do not present an unreasonable risk of injury to health or the 
environment. 
(c) INTENT OF CONGRESS.—It is the intent of Congress that the 
Administrator shall carry out this Act in a reasonable and prudent 
manner, and that the Administrator shall consider the environmental, 
economic, and social impact of any action the Administrator takes or 
proposes to take under this Act. 
SEC. 3. DEFINITIONS. 
15 use 2602. 
As used in this Act: 
(1) the term "Administrator" means the Administrator of the 
Environmental Protection Agency. 
(2) (A) Except as provided in subparagraph (B), the term "chem-
ical substance" means any organic or inorganic substance of a particu-
lar molecular identity, including— 
(i) any combination of such substances occurring in whole or 
in part as a result of a chemical reaction or occurring in nature, 
and 
(ii) any element or uncombined radical. 
(B) Such term does not include— 
(i) any mixture, 
(ii) any pesticide (as defined in the Federal Insecticide, Fungi-
7 use 136 note. 
cide, and Rodenticide Act) when manufactured, processed, or 
distributed in commerce for use as a pesticide, 
(iii) tobacco or any tobacco product, 
(iv) any source material, special nuclear material, or byproduct 
material (as such terms are defined in the Atomic Energy Act 
42 use 2011 
of 1954 and regulations issued under such Act), 
note. 
(v) any article the sale of which is subject to the tax imposed 
26 use 4181. 
hj section 4181 of the Internal Revenue Code of 1954 (deter-
mined without regard to any exemptions from such tax provided 
26 use 4182, 
by section 4182 or 4221 or any other provision of such Code), and 
4'221. 
(yi) any food, food additive, drug, cosmetic, or device (as such 
terms are" defined in section 201 of the Federal Food, Drug, and 
21 use 321. 
Cosmetic Act) when manufactured, processed, or distributed in 
commerce for use as a food, food additive, drug, cosmetic, or 
device. 
The term "food" as used in clause (vi) of this subparagraph includes 
poultry and poultry products (as defined in sections 4(e) and 4(f) 
21 use 453. 
of the Poultry Products Inspection Act), meat and meat food prod-
21 use 601. 
ucts (as defined in section 1(]) of the Federal Meat Inspection Act), 
and eggs and egg products (as defined in section 4 of the E g g Prod-
21 use 1033. 
ucts Insnection Act). 
(3) The term "commerce" means trade, traffic, transportation, or 
other commerce (A) between a place in a State and any place outside 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2005 
of such State, or (B) which affects trade, traffic, transportation, or 
commerce described in clause (A). 
(4) The terms "distribute in commerce" and "distribution in com-
merce"' when used to describe an action taken with respect to a chem-
ical substance or mixture or article containing a substance or mixture 
mean to sell, or the sale of, the substance, mixture, or article in com-
merce ; to introduce or deliver for introduction into commerce, or the 
introduction or delivery for intr-oduction into commerce of, the sub-
stance, mixture, or article; or to hold, or the holding of, the substance, 
mixture, or article after its introduction into commerce. 
(5) The term "environment" includes water, air, and land and the 
i 
interrelationship which exists among and between water, air, and land 
and all living things. 
(6) The term "health and safety study" means any study of any 
effect of a chemical substance or mixture on health or the environ-
ment or on both, including underlying data and epidemiological 
studies, studies of occupational exposure to a chemical substance or 
mixture, toxicological, clinical, and ecological studies of a chemical 
substance or mixture, and any test performed pursuant to this Act. 
(7) The term "manufacture" means to import into the customs 
territory of the United States (as defined in general headnote 2 of 
the Tariff Schedules of the United States), produce, or manufacture. 19 U
S
C 1202. 
(8) The term "mixture" means any combination of two or more 
chemical substances if the combination does not occur in nature and 
is not, in whole or in part, the result of a chemical reaction; except 
that such term does include any combination which occurs, in whole 
or in part, as a result of a chemical reaction if none of the chemical 
substances comprising the combination is a new chemical substance 
and if tlie combination could have been manufactured for commer-
cial purposes without a chemical reaction at the time the chemical 
substances comprising the combination were combined. 
(9) The term "new chemical substance" means any chemical sub-
stance which is not included in the chemical substance list compiled 
and published under section 8 (b). 
Post, p. 2027. 
(10) The term "process" means the preparation of a chemical sub-
stance or mixture, after its manufacture, for distribution in 
commerce— 
(A) in the same form or physical state as, or in a different 
form or physical state from, that in which it was received by the 
person so preparing such substance or mixture, or 
(B) as part of an article containing the chemical substance 
.;;:;>• 
or mixture. 
(11) The term "processor" means any person who processes a chemi-
cal substance or mixture. 
(12) The term "standards for the development of test data" means 
a prescription of— 
(A) the— 
(i) health and environmental effects, and 
(ii) information relating to toxicity, persistence, and other 
characteristics which affect health and the environment, 
for which test data for a chemical substance or mixture are to 
be developed and any analysis that is to be performed on such 
data, and 
-
(B) to the extent necessary to assure that data respecting such 
effects and characteristics are reliable and adequate— 
(i) the manner in which such data are to be developed, 
(ii) the specification of any test protocol or methodology 
to be employed in the development of such data, and 
90 STAT. 2006 
PUBLIC LAW 94-469—OCT. 11, 1976 
15 use 2603. 
Rules. 
Standards for 
development of 
test data. 
Data, submittal to 
Administrator. 
(iii) such other requirements as are necessary to provide 
such assurance. 
(13) The term "State" means any State of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, the Canal Zone, American Samoa, the Northern 
Mariana Islands, or any other territory or possession of the United 
States. 
(14) The term "United States", when used in the geographic sense, 
means all of the States. 
SEC. 4. TESTING OF CHEMICAL SUBSTANCES AND MIXTURES. 
(a) TESTING REQUIREMENTS.—If the Administrator finds that— 
(1) (A) (i) the manufacture, distribution in commerce, proc-
~
^ 
essing, use, or disposal of a chemical substance or mixture, or that 
any combination of such activities, may present an unreasonable 
risk of injury to health or the environment, 
(ii) there are insufficient data and experience upon which the 
effects of such manufacture, distribution in commerce, processing, 
use, or disposal of such substance or mixture or of any combina-
tion of such activities on health or the environment can reason-
ably be determined or predicted, and 
(iii) testing of such substance or mixture with respect to such 
effects is necessary to develop such data; or 
(B) (i) a chemical substance or mixture is or will be produced 
in substantial quantities, and (I) it enters or may reasonably be 
anticipated to enter the environment in substantial quantities or 
(II) there is or may be significant or substantial human exposure 
to such substance or mixture, 
(ii) there are insufficient data and experience upon which the 
effects of the manufacture, distribution in commerce, processing, 
use, or disposal of such substance or mixture or of any combina-
tion of such activities on health or the environment can reason-
ably be determined or predicted, and 
(iii) testing of such substance or mixture with respect to such 
effects is necessary to develop such data; and 
(2) in the case of a mixture, the effects which the mixture's 
manufacture, distribution in commerce, processing, use, or dis-
posal or any combination of such activities may have on health or 
the environment may not be reasonably and more efficiently deter-
mined or predicted by testing the chemical substances which com-
prise the mixture; 
the Administrator shall by rule require that testing be conducted on 
such substance or mixture to develop data with respect to the health 
and environmental effects for which there is an insufficiency of data 
and experience and which are relevant to a determination that the 
manufacture, distribution in commerce, processing, use, or disposal 
of such substance or mixture, or that any combination of such activities, 
does or does not present an unreasonable risk of injury to health or 
the environment. 
(b) (1) TESTING REQUIREMENT RULE.—A rule under subsection (a) 
shall include— 
(A) identification of the chemical substance or mixture for 
which testing is required under the rule, 
(B) standards for the development of test data for such sub-
stance or mixture, and 
(C) with respect to chemical substances which are not new 
chemical substances and to mixtures, a specification of the period 
(which period may not be of unreasonable duration) 
within 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2007 
which the persons required to conduct the testing shall submit to 
the Administrator data developed in accordance with the stand-
ards referred to in subparagraph (B). 
In determining the standards and period to be included, pursuant to 
subparagraphs (B) and (C), in a rule under subsection (a), the 
Administrator's considerations shall include the relative costs of the 
various test protocols and methodologies which ma^ be required under 
the rule and the reasonably foreseeable availability of the facilities 
and personnel needed to perform the testing required under the rule. 
Any such rule may require the submission to the Administrator of pre-
liminary data during the period prescribed under subparagraph (C). 
(2) (A) The health and environmental effects for which standards 
for the development of test data may be prescribed include carcino-
genesis, mutagenesis, teratogenesis, behavioral disorders, cumulative 
or synei'i^istic effects, and any other effect which may present an unrea-
sonable risk of injury to health or the environment. The characteristics 
of chemical substances and mixtures for which such standards may 
be prescribed include persistence, acute toxicity, subacute toxicity, 
chronic toxicity, and any other characteristic which may present such 
a risk. The methodologies that may be prescribed in such standards 
include epidemiologic studies, serial or hierarchical tests, in vitro tests, 
and whole animal tests, except that before prescribing epidemiologic 
studies of employees, the Administrator shall consult with the Director 
of the National Institute for Occupational Safety and Health. 
(B) From time to time, but not less than once each 12 months, the 
Administrator shall review the adequacy of the standards for develoj)-
ment of data prescribed in rules under subsection (a) and shall, if 
necessary, institute proceedings to make appropriate revisions of such 
standards. 
(3) (A) A rule under subsection (a) respecting a chemical substance 
or mixture shall require the }>ersons described in subparagraph (B) 
to conduct tests and submit data to the Administrator on such sub-
stance or mixture, except that the Administrator may permit two or 
more of such persons to designate one such person or a qualified third 
party to conduct such tests and submit such data on behalf of the pei'-
sons making the designation. 
(B) The following persons shall be required to conduct tests and 
submit data on a chemical substance or mixture subject to a rule under 
subsection (a) : 
(i) Each person who manufactures or intends to manufacture 
such substance or mixture if the Administrator makes a finding 
described in subsection (a) (1) (A) (ii) or (a) (1) (B) (ii) with 
respect to the manufacture of such substance or mixture. 
(ii) Each pereon who processes or intends to j^rocess such sub-
stance or mixture if the Administrator makes a finding described 
in subsection (a) (1) (A) (ii) or (a) (1) (B) (ii) with respect to 
the processing of such substance or mixture. 
(iii) Each person who manufactures or processes or intends to 
manufacture or process such substance or mixture if the Adminis-
trator makes a finding described in subsection (a) (1) (A) (ii) or 
(a) (1) (B) (ii) with respect to the distribution in commerce, use, 
or disposal of such substance or mixture. 
(4) Any rule under subsection (a) requiring the testing of and 
submission of data for a particular chemical substance or mixture 
shall expire at the end of the reimbursement period (as defined in sub-
section (c) (8) (B)) which is applicable to test data for such substance 
or mixture unless the Administrator repeals the rule before such date; 
Consultations. 
Review of 
standards. 
90 STAT. 2008 
PUBLIC LAW 94-469—OCT. 11, 1976 
Oral presentation 
and written 
submissions. 
Transcript. 
Publication. 
Application. 
Fair and 
equitable 
reimbursement. 
Rules. 
and a rule under subsection (a) requiring the testing of and submission 
of data for a category of chemical substances or mixtures shall expire 
with respect to a chemical substance or mixture included in the cate-
gory at the end of the reimbursement period (as so defined) which is 
applicable to test data for such substance or mixture unless the Admin-
istrator before such date repeals the application of the rule to such 
substance or mixture or repeals the rule. 
(5) Rules issued under subsection (a) (and any substantive amend-
ment thereto or repeal thereof) shall be promulgated pursuant to 
section 553 of title 5, United States Code, except that (A) the Admin-
istrator shall give interested persons an opportunity for the oral pres-
entation of data, views, or arguments, in addition to an opportunity to 
make written submissions; (B) a transcript shall be made of any oral 
presentation; and (C) the Administrator shall make and publish with 
the rule the findings described in paragraph (1)(A) or (1)(B) of 
subsection (a) and, in the case of a rule respecting a mixture, the 
finding described in paragraph (2) of such subsection. 
(c) ExEMPTioisr.— (1) Any person required by a rule under subsec-
tion (a) to conduct tests and submit data on a chemical substance or 
mixture may apply to the Administrator (in such form and manner 
as the Administrator shall prescribe) for an exemption from such 
requirement. 
(2) If, upon receipt of an application under paragraph (1), the 
Administrator determines that— 
(A) the chemical substance or mixture with respect to which 
such application was submitted is equivalent to a chemical sub-
stance or mixture for which data has been submitted to the Admin-
istrator in accordance with a rule under subsection (a) or for 
which data is being developed pursuant to such a rule, and 
(B) submission of data by the applicant on such substance or 
mixture would be duplicative of data which has been submitted 
to the Administrator in accordance with such rule or which is 
being developed pursuant to such rule, 
the Administrator shall exempt, in accordance with paragraph (3) 
or (4), the applicant from conducting tests and submitting data on 
such substance or mixture under the rule with respect to which such 
application v>'as submitted. 
(3) (A) If the exemption under paragraph (2) of any person from 
the requirement to conduct tests and submit test data on a chemical 
substance or mixture is granted on the basis of the existence of previ-
ouslv submitted test data and if such exemption is granted during the 
reimbursement period for such test data (as prescribed by subpara-
graph (B)), then (unless such person and the persons referred to in 
clauses (i) and (ii) agree on the amount and method of reimburse-
ment) the Administrator shall order the person granted the exemption 
to provide fair and equitable reimbursement (in an amount deter-
mined under rules of the Administrator) — 
(i) to the person who previously submitted such test data, for 
a portion of the costs incurred by such person in complying with 
the requirement to submit such data, and 
(ii) to any other person who has been required under this sub-
paragraph to contribute with respect to such costs, for a portion 
of the amount such person was required to contribute. 
In 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 or mixture, the 
Administrator shall, after consultation with the Attorney General 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2009 
and the Federal Trade Commission, consider all relevant factors, 
including the effect on the competitive position of the person required 
to provide reimbursement in relation to the person to be reimbursed 
and the share of the market for such substance or mixture of the per-
son required to provide reimbursement in relation to the share of such 
market of the persons to be reimbursed. An order under this sub-
paragraph shall, for purposes of judicial review, be considered final 
agency action. 
(B) For purposes of subparagraph (A), the reimbursement period 
for any test data for a chemical substance or mixture is a period— 
(i) beginning on the date such data is submitted in accordance 
with a rule promulgated under subsection (a), and 
(ii) ending— 
(I) five years 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 which is equal to the period 
which the Administrator determines was necessary to develop 
such data, 
whichever is later. 
(4) (A) If the exemption under paragraph (2) of any person from 
the requirement to conduct tests and submit test data on a chemical 
substance or mixture is granted on the basis of the fact that test data 
is being developed by one or more persons pursuant to a rule promul-
gated under subsection (a), 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 each such person who is developing such test data, for a 
portion of the costs incurred by each such person in complying 
with such rule, and 
(ii) to any other person who has been required under this sub-
paragraph to contribute with respect to the costs of complying 
with such rule, for a portion of the amount such person was 
required to contribute. 
In 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 or mixture, the 
Administrator shall, after consultation with the xittorney General and 
the Federal Trade Commission, consider the factors described in the 
second sentence of paragraph (3) (A). An order under this subpara-
graph shall, for purposes of judicial review, be considered final agency 
action. 
(B) If any exemption is granted under paragraph (2) on the basis 
of the fact that one or more persons are developing test data pursuant 
to a rule promulgated under subsection (a) and if after such exemp-
tion is granted the Administrator determines that no such person has 
complied with such rule, the Administrator shall (i) after providing 
written notice to the person who holds such exemption and an oppor-
tunity for a hearing, by order terminate such exemption, and (ii) 
notify in writing such person of the requirements of the rule with 
respect to which such exemption was granted. 
(d) NOTICE.—^Upon the receipt of any test data pursuant to a rule 
under subsection (a), the Administrator shall publish a notice of the 
receipt of such data in the Federal Register within 15 days of its 
receipt. Subject to section 14, each such notice shall (1) identify the 
chemical substance or mixture for which data have been received; 
(2) list the uses or intended uses of such substance or mixture and the 
Reimbursement 
period. 
Publication in 
Federal Register. 
90 STAT. 2010 
PUBLIC LAW 94-469—OCT. 11, 1976 
Post, p. 2034. 
Committee to 
make 
recommendations 
to 
Administrator. 
Recommenda-
tions, list of 
chemical 
substances and 
mixtures. 
Publication in 
Federal Register; 
transmittal to 
Administrator. 
Publication in 
Federal Register. 
information required by the applicable standards for the development 
of test data; and (3) describe the nature of the test data developed. 
Except as otherwise provided in section 14, such data shall be made 
available by the Administrator for examination by any person. 
(e) PRIORITY LIST,— (1) (A) There is established a committee to 
make recommendations to the Administrator respecting the chemical 
substances and mixtures to which the Administrator should give 
priority consideration for the promulgation of a rule under subsec-
tion (a). In making such a recommendation with respect to any chem-
ical substance or mixture, the committee shall consider all relevant 
factors, including— 
(i) the quantities in which the substance or mixture is or will 
be manufactured, 
(ii) the quantities in which the substance or mixture enters or 
will enter the environment, 
(iii) the number of individuals who are or will be exposed to the 
substance or mixture in their places of employment and the dura-
tion of such exposure, 
(iv) the extent to which human beings are or will be exposed to 
the substance or mixture, 
(v) the extent to which the substance or mixture is closely 
related to a chemical substance or mixture which is known to 
present an unreasonable risk of injury to health or the environ-
ment, 
(vi) the existence of data concerning the effects of the substance 
or mixture on health or the environment, 
(vii) the extent to which testing of the substance or mixture 
may result in the development of data upon which the effects of 
the substance or mixture on health or the environment can rea-
sonably be determined or predicted, and 
(viii) the reasonably foreseeable availability of facilities and 
personnel for performing testing on the substance or mixture. 
The recommendations of the committee shall be in the form of a list 
of chemical substances and mixtures which shall be set forth, either by 
individual substance or mixture or by groups of substances or mix-
tures, in the order in which the committee determines the Administra-
tor should take action under subsection (a) with respect to the 
substances and mixtures. In establishing such list, the committee shall 
give priority attention to those chemical substances and mixtures 
which are known to cause or contribute to or which are suspected of 
causing or contributing to cancer, gene mutations, or bii-th defects. The 
committee shall designate chemical substances and mixtures on the list 
with respect to which the committee determines the Administrator 
should, within 12 months of the date on which such substances and 
mixtures are first designated, initiate a proceeding under subsection 
(a). The total number of chemical substances and mixtures on the list 
which are designated under the preceding sentence may not, at any 
time, exceed 50. 
(B) As soon as ])racticable but not later than nine months after 
the effective date of this Act, the committee shall publish in the Fed-
eral Register and transmit to the Administrator the list and designa-
tions required by subparagraph (A) together with the reasons for the 
committee's inclusion of each chemical substance or mixture on the list. 
At least every six months after the date of the transmission to the Ad-
ministrator of the list pursuant to the preceeding sentence, the connnit-
tee shall make such revisions in the list as it determines to be necessary 
and shall transmit them to the Administrator together with the com-
mittee's reasons for the revisions. Upon receipt of any such revision, 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2011 
Comments. 
Publication in 
Federal Register. 
the Administrator shall publish in the Federal Register the list with 
such revision, the reasons for such revision, and the designations made 
under subparagraph (A). The Administrator shall provide reasonable 
opportunity to any interested person to file with the Administrator 
written comments on the committee's list, any revision of such list 
by the committee, and designations made by the committee, and shall 
make such comments available to the public. Within the 12-month 
period beginning on the date of the first inclusion on the list of a 
chemical substance or mixture designated by the committee under sub-
paragraph (A) the Administrator shall with respect to such chemical 
substance or mixture either initiate a rulemaking proceeding under 
subsection (a) or if such a proceeding is not initiated within such 
period, publish in the Federal Register the Administrator's reason for 
not initiating such a proceeding. 
(2) (A) The committee established by paragraph (1) (A) shall con- Membership. 
sist of eight members as follows: 
(i) One member appointed by the Administrator from the 
Environmental Protection Agency. 
(ii) One member appointed by the Secretary of Labor from 
officers or employees of the Department of I^bor engaged in the 
Secretary's activities under the Occupational Safety and Health 
Act of 1970. 
(iii) One member appointed by the Chairman of the Council 
on Environmental Quality from the Council or its officer's or 
employees. 
(iv) One member appointed by the Director of the National 
Institute for Occupational Safety and Health from officers or 
employees of the Institute. 
(v) One member appointed by the Director of the National 
Institute of Environmental Health Sciences from officers or 
employees of the Institute. 
(vi) One member appointed by the Director of the National 
Cancer Institute from officers or employees of the Institute. 
(vii) One member appointed by the Director of the National 
Science Foundation from officers or employees of the Foundation, 
(viii) One member appointed by the Secretary of Commerce 
from officers or employees of the Department of Commerce. 
(B) (i) An appointed member may designate an individual to serve 
on the committee on the member's behalf. Such a designation may be 
made only with the approval of the applicable appointing authority 
and only if the individual is from the entity from which the member 
was appointed. 
(ii) No individual may serve as a member of the committee for more 
than four years in the aggregate. If any member of the committee 
leaves the entity from which the member was appointed, such member 
maj^ not continue as a member of the committee, and the member's 
position shall be considered to be vacant. A vacancy in the committee 
shall be filled in the same manner in which the original appointment 
was made. 
(iii) Initial appointments to the committee shall be made not later 
than the 60th day after the effective date of this Act. Not later than 
the 90th day after such date the members of the committee shall hold a 
meeting for the selection of a chairperson from among their number. 
(C) (i) No member of the committee, or designee of such member, 
shall accept employment or compensation from any person subject to 
any requirement of this Act or of any rule promulgated or order issued 
thereunder, for a period of at least 12 months after termination of 
service on the committee. 
90 STAT. 2012 
PUBLIC LAW 94-469—OCT. 11, 1976 
(ii) No person, while serving as a member of the committee, or des-
ignee of such member, may own any stocks or bonds, or have any 
pecuniary interest, of substantial value in any person engaged in the 
manufacture, processing, or distribution in commerce of any chemical 
substance or mixture subject to any requirement of this Act or of any 
rule promulgated or order issued thereunder. 
(iii) The Administrator, acting through attorneys of the Environ-
mental Protection Agency, or the Attorney General may bring an 
action in the appropriate district court of the United States to restrain 
any violation of this subparagraph. 
(D) The Administrator shall provide the committee such admin-
istrative support services as may be necessary to enable the committee 
to carry out its function under this subsection. 
(f) REQUIRED ACTIONS.—Upon the receipt of— 
(1) any test data required to be submitted under this Act, or 
(2) any other information available to the Administrator, 
which indicates to the Administrator that there may be a reasonable 
basis to conclude that a chemical substance or mixture presents or will 
present a significant risk of serious or widespread harm to human 
beings from cancer, gene mutations, or birth defects, the Administra-
tor shall, within the 180-day period beginning on the date of the receipt 
of such data or information, initiate appropriate action under section 
5, 6, or 7 to prevent or reduce to a sufficient extent such risk or publish 
in the Federal Register a finding that such risk is not unreasonable. For 
good cause shown the Administrator may extend such period for an 
Publication in 
additional period of not more than 90 days. The Administrator shall 
Federal Register, 
publish in the Federal Register notice of any such extension and the 
reasons therefor. A finding by the Administrator that a risk is not 
unreasonable shall be considered agency action for purposes of judicial 
5 use 701. 
review under chapter 7 of title 5, United States Code. This subsection 
shall not take effect until two years after the effective date of this Act. 
(g) PETITION FOR STANDARDS FOR THE DEVELOPMENT OF TEST DATA.— 
A person intending to manufacture or process a chemical substance 
Infra. 
for which notice is required under section 5(a) and who is not required 
under a rule under subsection (a) to conduct tests and submit data 
on such substance may petition the Administrator to prescribe stand-
ards for the development of test data for sucli substance. The Admin-
istrator shall by order either grant or deny anj^ such petition within 
60 days of its receipt. If the petition is granted, the Administrator 
shall prescribe such standards for such substance within 75 days of 
Publication in 
the date the petition is granted. If the petition is denied, the Admin-
Federal Register, istrator shall publish, subjex?t to section 14, in the Federal Register the 
Post, p. 2034. 
reasons for such denial. 
SEC. 5. MANUFACTURING AND PROCESSING NOTICES. 
15 use 2604. 
(a) I N GENERAL.—(1) Except as provided in subsection (h), 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 by section 8 (b), or 
(B) manufacture or process any chemical substance for a use 
which the Administrator has determined, in accordance with 
paragraph (2), is a significant new use, 
unless such person submits to the Administrator, at least 90 days before 
such manufacture or processing, a notice, in accordance with subsection 
(d), of such person's intention to manufacture or process such sub-
stance and such person complies with any applicable requirement of 
subsection (b). 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2013 
(2) A determination by the Administrator that a use of a chemical 
substance is a significant new use with respect to wliich notification 
is required under paragraph (1) shall be made by 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 type 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 reasonably anticipated manner and methods of manu-
facturing, processing, distribution in commerce, and disposal of 
a chemical substance. 
(b) SUBMISSION OF TEST DATA.—(1) (A) If (i) a person is required 
by subsection (a) (1) to submit a notice to the Administrator before 
beginning the manufacture or processing of a chemical substance, 
and (ii) such person is required to submit test data for such sub-
stance pursuant to a rule promulgated under section 4 before the 
submission of such notice, such person shall submit to the Adminis-
trator such data in accordance with such rule at the time notice is 
submitted in accordance with subsection (a) (1). 
(B) I f -
(i) a person is required by subsection (a) (1) to submit a 
notice to the Administrator, and 
(ii) such person has been granted an exemption under section 
4(c) from the requirements of a rule promulgated under section 
4 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 development of which was the basis 
for the exemption, manufacture such substance if such person is 
subject to subsection (a) (1) (A) or manufacture or process such 
substance for a significant new use if the person is subject to subsection 
(a)(1)(B). 
(2) (A) If a person— 
(i) is required by subsection (a) (1) to submit a notice to the 
Administrator before beginning the manufacture or processing 
of a chemical substance listed under paragraph (4), and 
(ii) is not required by a rule promulgated under section 4 
before the submission of such notice to submit test data for such 
substance, 
such person shall submit to the Administrator data prescribed by 
subparagraph (B) at the time notice is submitted in accordance with 
subsection (a) (1). 
(B) Data submitted pursuant to subparagraph (A) shall be data 
which the person submitting the data believes show that— 
(i) in the case of a substance with respect to which notice is 
required under subsection (a) (1) (A), the manufacture, process-
ing, distribution in commerce, use, and disposal of the chemical 
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 required under subsection (a)(1)(B), the intended 
significant new use of the chemical substance will not present an 
unreasonable risk of injury to health or the environment. 
90 STAT. 2014 
PUBLIC LAW 94-469~0CT. 11, 1976 
Oral 
presentation. 
Transcript. 
Publication. 
(3) Data submitted under paragraph (1) or (2) shall be made 
Post, p. 2034. 
available, subject to section 14, 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 
the environment. 
(ii) In making a finding under clause (i) that the manufacture, 
processing, distribution in commerce, use, or disposal of a chemical 
substance or any combination of such activities presents or may present 
an 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 human 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 subpara-
graph (A) which lists any chemical substance, identify those uses, 
if any, which the Administrator determines, by rule under subsection 
(a) (2), would constitute a significant new use of such substance. 
(C) Any 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, United States 
Code, except that (i) the Administrator shall give interested persons 
an opportunity for the oral presentation of data, views, or arguments, 
in addition to an opportunity to make written submissions, (ii) a 
transcript shall be kept of any oral presentation, and (iii) the Admin-
istrator shall make and publish with the rule the finding described 
in subparagraph ( A ) . 
(c) EXTENSION or NOTICE PERIOD.—The Administrator may for 
good cause extend for additional periods (not to exceed in the aggre-
gate 90 days) the period, prescribed by subsection (a) or (b) before 
which the manufacturing or processing of a chemical substance sub-
Publication in 
ject to such subsection may begin. Subject to section 14, such an 
Federal Register, 
extension and the reasons therefor shall be published in the Federal 
Register and shall constitute a final agency action subject to judicial 
review. 
(d) CONTENT or NOTICE ; PUBLICATIONS I N THE FEDERAL REGISTER.— 
(1) The notice required by subsection (a) shall include— 
(A) insofar as known to the person submitting the notice or 
insofar as reasonably ascertainable, the information described in 
subparagraphs ( A ) , ( B ) , (C), ( D ) , ( F ) , and (G) of section 
8(a) (2),and 
(B) in such form and manner as the Administrator may pre-
scribe, any test data in the possession or control of the person 
giving such notice which are related to the effect of any manu-
facture, processing, distribution in commerce, use, or disposal of 
such substance or any article containing such substance, or of any 
combination of such activities, on health or the environment, and 
(C) a description of any other data concerning the environ-
mental and health effects of such substance, insofar as known to 
the person making the notice or insofar as reasonably ascertain-
able. 
Such a notice shall be made available, subject to section 14, for exam-
ination by interested persons. 
(2) SuDJect to section 14, not later than five days (excluding Satur-
days, Sundays and legal holidays) after the date of the receipt of a 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2015 
notice under subsection (a) or of data under subsection (b), 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), 
describes the nature of the tests performed on such substance and 
any data which was developed pursuant to subsection (b) or a 
rule under section 4. 
A notice under this paragraph respecting a chemical substance shall 
identify the chemical substance by generic class unless the Administra-
tor determines that more specific identification is required in the 
public interest. 
(3) At the beginning of each month the Administrator shall pub-
lish a list in the Federal Register of (A) each chemical substance for 
which notice has been received under subsection (a) and for which 
the notification period prescribed by subsection (a), (b), or (c) has not 
expired, and (B) each chemical substance for which such notifica-
tion period has expired since the last publication in the-Federal Regis-
ter of such list. 
(e) REGULATION PENDING DEVELOPMENT OF INFORMATION.— (1) 
(A) 
If the Administrator determines that— 
(i) the information available to the Administrator is insuf-
ficient to permit a reasoned evaluation of the health and environ-
mental effects of a chemical substance with respect to which notice 
is required by subsection (a); 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 any 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 quan-
tities, 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 Proposed order, 
expiration of the notification period applicable to the manufacturing 
or processing of such substance under subsection (a), (b), or (c), to 
prohibit or limit the manufacture, processing, distribution in com-
merce, 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 days before the 
expiration of the notification period applicable to the manufacture or 
processing of such substance under subsection (a), (b), or (c), and 
(ii) unless the Administrator has, on or before the issuance of the 
proposed order, 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 proposed order issued under subparagraph (A) files with 
the Administrator (within the 30-day period beginning on the date 
such manufacturer or processor received the notice required by subpar-
agraph (B) (ii)) objections specifying with particularity the provi-
sions of the order deemed objectionable and stating the grounds 
therefor, the proposed order shall not take effect. 
90 STAT. 2016 
PUBLIC LAW 94-469—OCT. 11, 1976 
Injunction, 
(2) (A) (i) Except as provided in clause (ii), if with respect to a 
application. 
chemical substance with respect to which notice is required by subsec-
tion (a), the Administrator makes the determination described in 
paragraph (1) (A) and if— 
(I) the Administrator does not issue a proposed order under 
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 attorneys of the Environmental Protection 
Agency, shall apply to the United States District Court for the Dis-
trict of Columbia or the United States district court for the judicial 
district 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 com-
merce, use, or disposal of such 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 injunc-
tion 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 appli-
cation under subparagraph (A) (i) for an injunction respecting a 
chemical 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 by subsection (a); and 
(ii) (I) in the absence of sufficient information to permit the 
Administrator to make such an evaluation, the manufacture, proc-
essing, distribution in commerce, use, or disposal of such 
substance, or any 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 quan-
tities, 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. 
(C) Pending the completion of a proceeding for the issuance of an 
injunction imder subparagraph (B) respecting a chemical substance, 
the court may, upon application of the Administrator made through 
attorneys of the Environmental Protection Agency, issue a temporary 
restraining order or a preliminary injunction to prohibit the manu-
facture, 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) 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 sub-
stance subject to an injunction issued under subparagraph (B) and 
the evaluation of such data by 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 pro-
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2017 
ceeding for the issuance of a rule under section 6(a) respecting the 
substance. If such a proceeding has been initiated, such court shall con-
tinue the injunction in effect until the effective date of the rule pro-
mulgated in such proceeding or, if such proceeding is terminated 
without the promulgation of a rule, upon the termination of the pro-
ceeding, whichever occurs first. 
(f) PROTECTION AGAINST UNREASONABLE RISKS.—(1) If the Admin-
istrator finds that there is a reasonable basis to conclude that the manu-
facture, processing, distribution in commerce, use, or disposal of a 
chemical substance with respect to which notice is required by subsec-
tion (a), 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 6 can protect against such risk, the 
Administrator shall, before the expiration of the notification period 
applicable under subsection (a), (b), or (c) 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 Proposed rule. 
6(a) 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 6(a), or 
(C) any combination of the requirements referred to in sub-
paragraph (B). 
Such a proposed rule shall be effective upon its publication in the Fed-
eral Register. Section 6(d)(2)(B) shall apply with respect to such 
rule. 
(3) (A) The Administrator may— 
(i) issue a proposed order to prohibit the manufacture, process-
ing, or distribution in commerce of a substance with respect to 
which a finding was made under paragraph (1), or 
(ii) apply, through attorneys 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 dis-
trict 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 the manufacture, processing, or distribu-
tion in commerce of such substance. 
A proposed order 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) to the manufacture or 
processing of such substance. 
(B) If the district court of the United States to which an applica-
tion 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 combina-
tion of such activities, presents or will present an unreasonable risk 
of injury to health or the environment before a rule promulgated 
under section 6 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. 
Publication in 
Federal Register. 
Proposed order. 
Injunction, 
application. 
90 STAT. 2018 
PUBLIC LAW 94-469—OCT. 11, 1976 
Publication in 
Federal Register. 
Fair and 
equitable 
reimbursement. 
(C) The provisions of subparagraphs (B) and (C) of subsection 
(e) (1) shall apply with respect to an order issued under clause (i) 
of subparagraph (A); and the provisions of subparagraph (C) of sub-
section (e) (2) shall apply with respect to an injunction issued under 
subparagraph (B). 
(D) If the Administrator issues an order pursuant to subparagraj)h 
(A) (i) respecting a chemical substance and objections are filed in 
accordance with subsection (e) (1) (C), the Administrator shall seek 
an injunction under subparagraph (A) (ii) respecting such substance 
unless the Administrator determines, on the basis of such objections, 
that such substance does not or will not present an unreasonable risk 
of injury to health or the environment. 
(g) 
STATEMENT or 
REASONS FOR NOT TAKING ACTION.—If 
the 
Administrator has not initiated any action under this section or section 
6 or 7 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 by subsection (a)(1)(B) or (b), 
before the expiration of the notification period applicable to the manu-
facturing or processing of such substance, the Administrator shall 
publish a statement of the Administrator's reasons for not initiating 
such action. Such a statement shall be published in the Federal Reg-
ister before the expiration of such period. Publication of such state-
ment in accordance with the preceding sentence is not a prerequisite 
to the manufacturing or processing 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) to 
permit such person to manufacture or process a chemical substance 
for test marketing purposes^— 
(A) upon a showing by such person satisfactory to the Admin-
istrator that the manufacture, processing, distribution 
in 
commerce, use, and disposal of such substance, and that any com-
bination of such activities, for such purposes will not present any 
unreasonable risk of injury to health or the environment, and 
(B) under such restrictions as the Administrator considers 
appropriate. 
(2) (A) The Administrator may, upon application, exempt any per-
son from the requirement of subsection (b) (2) to submit data for a 
chemical substance. If, upon receipt of an application under the pre-
ceding sentence, the Administrator determines that— 
(i) the chemical substance with respect to which such applica-
tion was submitted is equivalent to a chemical substance for which 
data has been submitted to the Administrator as required by sub-
section (b)(2), and 
(ii) submission of data by 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 substance may take effect before the beginning of the reim-
bursement period applicable to such data. 
(B) If the Administrator exempts any person, under subparagraph 
(A), from submitting data required under subsection ("b) (2) 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 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2019 
clauses (i) and (ii) agree on the amount and method of reimburse-
ment) 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 complying with the requirement under subsection 
(b) (2) to submit such data, and 
(ii) to any other person who has been required under this sub-
paragraph to contribute with respect to such costs, for a portion 
of the amount such person was required to contribute. 
In 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 the effect 
on the competitive position of the person required to provide reim-
bursement in relation to the persons to be reimbursed and the share of 
the market for such substance of the person required to provide reim-
bursement 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 agency action. 
(C) For purposes of this paragraph, the reimbursement period for 
Reimbursement 
any previously submitted data for a chemical substance is a period— period. 
(i) beginning on the date of the termination of the prohibition, 
imposed under this section, on the manufacture or processing of 
such substance by the person who submitted such data to the 
Administrator, and 
(ii) ending— 
(I) five years 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 requirements of subsections (a) and (b) do not apply with 
respect to the manufacturing or processing of any chemical sub-
stance which is manufactured or processed, or proposed to be manu-
factured or processed, only in small quantities (as defined by the 
Administrator by rule) solely for purposes of— 
(A) scientific experimentation or analysis, or 
(B) chemical research on, or analysis of such substance or 
another substance, including such research or analysis for the 
development of a product, 
if all persons engaged in such experimentation, research, or analysis 
for a manufacturer or processor are notified (in such form and manner 
as the Administrator may prescribe) of any risk to health which 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 any 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 dis-
posal of such chemical substance, or that any combination of such 
activities, will not 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 promul-
gated in accordance with paragraphs (2) and (3) of section 6(c). 
90 STAT. 2020 
PUBLIC LAW 94-469—OCT. 11, 1976 
Publication in 
Federal Register. 
Comments. 
Publication in 
Federal Register. 
15 use 2605. 
(5) The Administrator may, upon application, make the require-
ments of subsections (a) and (b) inapplicable with respect to the 
manufacturing or processing of any chemical substance (A) which 
exists temporarily as a result of a chemical reaction in the manufac-
turing 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) Immediately 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 comment upon any such applica-
tion and shall, within 45 days of its receipt, either approve or deny the 
application. The Administrator shall publish in the Federal Register 
notice of the approval or denial of such an application. 
(i) DEFINITION.—For purposes of this section, the terms "manufac-
ture" and "process" mean manufacturing or processing for commercial 
purposes. 
SEC. 6. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND 
MIXTURES. 
(a) SCOPE or REGULATION.—If the Administrator finds that there is 
a reasonable basis to conclude that the manufacture, processing, dis-
tribution in commerce, use, or disposal of a chemical substance or 
mixture, or that any combination of such activities, presents or will 
present an unreasonable risk of injury to health or the environment, 
the Administrator shall by rule apply one or more of the following 
requirements to such substance or mixture to the extent necessary to 
protect adequately against such risk using the least burdensome 
requirements: 
(1) A requirement (A) prohibiting the manufacturing, process-
ing, or distribution in commerce of such substance or mixture, or 
(B) limiting the amount of such substance or mixture which may 
be manufactured, processed, or distributed in commerce. 
(2) A requirement— 
(A) prohibiting the manufacture, processing, or distribu-
tion in commerce of such substance or mixture for (i) a 
particular use or (ii) a particular use in a concentration in 
excess of a level specified by the Administrator in the rule 
imposing the requirement, or 
(B) limiting the amount of such substance or mixture 
which may be manufactured, processed, or distributed in 
commerce for (i) a particular use or (ii) a particular use 
in a concentration in excess of a level specified by the 
Administrator in the rule imposing the requirement. 
(3) A requirement that such substance or mixture or any 
article containing such substance or mixture be marked with or 
accompanied by clear and adequate warnings and instructions 
with respect to its use, distribution in commerce, or disposal or 
with respect to any combination of such activities. The form and 
content of such warnings and instructions shall be prescribed by 
the Administrator. 
(4) A requirement that manufacturers and processors of such 
substance or mixture make and retain records of the processes 
used to manufacture or process such substance or mixture and 
monitor or conduct tests which are reasonable and necessary to 
assure compliance with the requirements of any rule applicable 
under this subsection. 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2021 
(5) A requirement prohibiting or otherwise regulating any 
manner or method of commercial use of such substance or 
mixture. 
{6) (A) A requirement prohibiting or otherwise regulating any 
manner or method of disposal of such substance or mixture, or 
of any article containing such substance or mixture, by its manu-
facturer or processor or by any other person who uses, or disposes 
of, it for commercial purposes. 
(B) A requirement under subparagraph (A) may not require 
any person to take any action which would be in violation of 
any law or requirement of, or in effect for, a State or political 
subdivision, and shall require each person subject to it to notify 
each State and political subdivision in which a required disposal 
may occur of such disposal. 
(7) A requirement directing manufacturers or processors of 
such substance or mixture (A) to give notice of such unreasonable 
risk of injury to distributors in commerce of such substance or 
mixture and, to the extent reasonably ascertainable, to other per-
sons in possession of such substance or mixture or exposed to such 
substance or mixture, (B) to give public notice of such risk of 
injury, and (C) to replace or repurchase such substance or 
mixture as elected by the person to which the requirement is 
directed. 
Any requirement (or combination of requirements) imposed under 
this subsection may be limited in application to specified geographic 
areas. 
(b) QUALITY CONTROL.—If the Administrator has a reasonable 
basis to conclude that a particular manufacturer or processor is manu-
facturing or processing a chemical substance or mixture in a manner 
which unintentionally causes the chemical substance or mixture to 
present or which will cause it to present an unreasonable risk of 
injury to health or the environment— 
(1) the Administrator may by order require such manufac-
turer or processor to submit a description of the relevant quality 
control procedures followed in the manufacturing or processing 
of such chemical substance or mixture; and 
(2) if the Administrator determines— 
(A) that such quality control procedures are inadequate 
to prevent the chemical substance or mixture from presenting 
such risk of injury, the Administrator may order the manu-
facturer or processor to revise such quality control procedures 
to the extent necessary to remedy such inadequacy; or 
(B) that the use of such quality control procedures has 
resulted in the distribution in commerce of chemical substances 
or mixtures which present an unreasonable risk of injury to 
health or the environment, the Administrator may order the 
manufacturer or processor to (i) give notice of such risk to 
processors or distributors in commerce of any such sub-
stance or mixture, or to both, and, to the extent reasonably 
ascertainable, to any other person in possession of or exposed 
to any such substance, (ii) to give public notice of such risk, 
and (iii) to provide such replacement or repurchase of any 
such substance or mixture as is necessaiy to adequately pro-
tect health or the environment. 
A determination under subparagraph (A) or (B) of paragraph (2) Hearing, 
shall be made on the record after opportunity for hearing in accord-
ance with section 554 of title 5, United States Code. Any manufacturer 
90 STAT. 2022 
PUBLIC LAW 94-469—OCT. 11, 1976 
Statement, 
publication. 
5 u s e 556, 557. 
Notice, 
publication. 
Written data, 
views, arguments, 
submittal. 
Hearing. 
Final rule. 
Informal 
or processor subject to a requirement to replace or repurchase a chem-
ical substance or mixture may elect either to replace or repurchase 
the substance or mixture and shall take either such action in the man-
ner prescribed by the Administrator. 
(c) PROMULGATION" OF SUBSECTION (a) KULES.—(1) In promulgat-
ing any rule under subsection (a) with respect to a chemical substance 
or mixture, the Administrator shall consider and publish a statement 
with respect to— 
(A) the ejffects of such substance or mixture on health and the 
magnitude of the exposure of human beings to such substance or 
mixture, 
(B) the effects of such substance or mixtui'e on the environment 
and the magnitude of the exposure of the environment to such 
substance or mixture, 
(C) the benefits of such substance or mixture for various uses 
and the availability of substitutes for such uses, and 
(D) the reasonably ascertainable economic consequences of the 
rule, after consideration of the effect on the national economy, 
small business, technological innovation, the environment, and 
public health. 
If the Administrator determines that a risk of injury to health or the 
environment could be eliminated or reduced to a sufficient extent by 
actions taken under another Federal law (or laws) administered in 
whole or in part by the Administrator, the Administrator may not 
promulgate a rule under subsection (a) to protect against such risk 
of injury unless the Administrator finds, in the Administrator's dis-
cretion, that it is in the public interest to protect against such risk 
under this Act. In making such a finding the Administrator shall con-
sider (i) all relevant aspects of the risk, as determined by the Adminis-
trator in the Administrator's discretion, (ii) a comparison of the 
estimated costs of complying with actions taken under this Act and 
under such law (or laws), and (iii) the relative efficiency of actions 
under this Act and under such law (or laws) to protect against such 
risk of injury. 
(2) When prescribing a rule under subsection (a) the Adminis-
trator shall proceed in accordance with section 553 of title 5, United 
States Code (without regard to any reference in such section to sec-
tions 556 and 557 of such title), and shall also (A) publish a notice of 
proposed rulemaking stating with particularity the reason for the 
proposed rule; (B) allow interested persons to submit written data, 
views, and arguments, and make all such submissions publicly avail-
able; (C) provide an opportunity for an informal hearing in accord-
ance with paragraph (3) ; (D) promulgate, if appropriate, a final 
rule based on the matter in the rulemaking record (as defined in section 
19(a)), and (E) make and publish with the rule the finding described 
in subsection (a). 
(3) Informal hearings required by paragraph (2) (C) shall be con-
ducted by the Administrator in accordance with the 
following 
requirements: 
(A) Subject to subparagraph (B), an interested person is 
entitled— 
(i) to present such person's position orally or by docu-
mentary submissions (or both), and 
(ii) if the Administrator determines that there are dis-
puted issues of material fact it is necessary to resolve, to 
present such rebuttal submissions and to conduct (or have 
conducted under subparagraph (B) (ii)) such cross-examina-
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2023 
Rules. 
tion of persons as the Administrator determines (I) to be 
appropriate, and (II) to be required for a full and true dis-
closure with respect to such issues. 
(B) The Administrator may prescribe such rules and make such 
rulings concerning procedures in such hearings to avoid unneces-
sary costs or delay. Such rules or rulings may include (i) the 
imposition of reasonable time limits on each interested person's 
oral presentations, and (ii) requirements that any cross-examina-
tion to which a pereon may be entitled under subparagraph (A) 
be conducted by the Administrator on behalf of that person in such 
manner as the Administrator determines (I) to be appropriate, 
and (II) to be required for a full and true disclosure with respect 
to disputed issues of material fact, 
(C) (i) Except as provided in clause (ii), if a group of persons 
each of whom under subparagraphs (A) and (B) would be 
entitled to conduct (or have conducted) cross-examination and 
who are determined by the Administrator to have the same or 
similar interests in the proceeding cannot agree upon a single 
representative of such interests for purposes of cross-examination, 
the Administrator may make rules and rulings (I) limiting the 
representation of such interest for such purposes, and (II) gov-
erning the manner in which such cross-examination shall be 
limited. 
(ii) When any person who is a member of a group with respect 
to which the Administrator has made a determination under 
clause (i) is unable to agree upon group representation with the 
other members of the group, then such person shall not be denied 
under the authority of clause (i) the opportunity to conduct (or 
have conducted) cross-examination as to issues affecting the per-
son's particular interests if (I) the person satisfies the Admin-
istrator that the person has made a reasonable and good faith 
effort to reach agreement upon group i-epresentation with the 
other members of the group and (II) the Administrator deter-
mines that there are substantial and relevant issues which are not 
adequately presented by the group representative. 
(D) A verbatim transcript shall be taken of any oral presen-
tation made, and cross-examination conducted in any informal 
hearing under this subsection. Such transcript shall be available 
to the public. 
(4) (A) The Administrator may, pursuant to rules prescribed by the Compensation. 
Administrator, provide compensation for reasonable attorneys' fees, 
expert witness fees, and other costs of participating in a rulemaking 
proceeding for the promulgation of a rule under subsection (a) to 
any person— 
(i) who represents an interest which would substantially con-
tribute to a fair determination of the issues to be resolved in the 
proceeding, and 
( i i ) i f -
(I) the economic interest of such person is small in com-
parison to the costs of effective participation in the proceed-
ing by such person, or 
(II) such person demonstrates to the satisfaction of the 
Administrator that such person does not have sufficient 
resources adequately to participate in the proceeding without 
compensation under this subparagraph. 
In determining for purposes of clause (i) if an interest will substan-
tially contribute to a fair determination of the issues to be resolved in 
Verbatim 
transcript. 
90 STAT. 2024 
PUBLIC LAW 94-469—OCT. 11, 1976 
Publication in 
Federal Register. 
Notice. 
a proceeding, the Administrator shall take into account the number 
and complexity of such issues and the extent to which representation 
of such interest will contribute to widespread public participation in 
the proceeding and representation of a fair balance of interests for 
the resolution of such issues. 
(B) In determining whether compensation should be provided to 
a person under subparagraph (A) and the amount of such compensa-
tion, the Administrator shall take into account the financial burden 
which will be incurred by such person in participating in the rule-
making proceeding. The Administrator shall take such action as 
may be necessary to ensure that the aggregate amount of compensa-
tion paid under this paragraph in any fiscal year to all persons who, 
in rulemaking proceedings in which they receive compensation, are 
persons who either— 
(i) would be regulated by the proposed rule, or 
(ii) represent persons who would be so regulated, 
may not exceed 25 per centum of the aggregate amount paid as com-
pensation under this paragraph to all persons in such fiscal year. 
(5) Paragraph (1), (2), (3), and (4) of this subsection apply 
to the pronmlgation of a rule repealing, or making a substantive 
amendment to, a rule promulgated under subsection (a). 
(d) EFFECTIVE DATE.— (1) The Administrator shall specify in any 
rule under subsection (a) the date on which it shall take effect, which 
date shall be as soon as feasible. 
(2) (A) The Administrator may declare a proposed rule under sub-
section (a) to be effective upon its publication in the Federal Register 
and until the effective date of final action taken, in accordance with 
subparagraph (B), respecting such rule if— 
(i) the Administrator determines that— 
(I) the manufacture, processing, distribution in com-
merce, use, or disposal of the chemical substance or mixture 
subject to such proposed rule or any combination of such 
activities is likely to result in an unreasonable risk of serious 
or widespread injury to health or the environment before 
such effective date; and 
(II) making such proposed rule so effective is necessary to 
protect the public interest; and 
(ii) in the case of a proposed rule to prohibit the manufacture, 
processing, or distribution of a chemical substance or mixture 
because of the risk determined under clause (i) (I), a court has 
in an action under section 7 granted relief with respect to such 
risk associated with such substance or mixture. 
Such a proposed rule which is made so effective shall not, for pur-
poses of judicial review, be considered final agency action. 
(B) If the Administrator makes a proposed rule effective upon its 
publication in the Federal Register, the Administrator shall, as expe-
ditiously as possible, give interested persons prompt notice of such 
action, provide reasonable opportunity, in accordance with paragraphs 
(2) and (3) of subsection (c), for a hearing on such rule, and either 
promulgate such rule (as proposed or with modifications) or revoke 
it; and if such a hearing is requested, the Administrator shall com-
mence the hearing within five days from the date such request is made 
unless the Administrator and the person making the request agree 
upon a later date for the hearing to begin, and after the hearing is 
concluded the Administrator shall, within ten days of the conclusion 
of the hearing, either promulgate such rule (as proposed or with 
modifications) or revoke it. 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2025 
(e) PoLYCHLORiNATED BiPHENYLS.—(1) Within six months after 
Rules, 
the effective date of this Act the Administrator shall promulgate 
rules to— 
(A) prescribe methods for the disposal of poly 
chlorinated 
biphenyls, and 
(B) require polychlorinated 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 any combination of such activities. 
Requirements prescribed by rules under this paragraph shall be con-
sistent with the requirements of paragraphs (2) and (3). 
(2) (A) Except as provided under subparagraph (B), effective one 
year after the effective date of this Act no person may manufacture, 
process, or distribute in commerce or use any polychlorinated biphenyl 
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 any combination of 
such activities) of any polychlorinated biphenyl in a manner other than 
in a totally enclosed manner if the Administrator finds that such manu-
facture, 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 "Totally enclosed 
manner'' means any manner which will ensure that any exposure of manner." 
human beings or the environment to a polychlorinated biphenyl will 
be insignificant as determined by the Administrator by rule. 
(3) (A) Except as provided in subparagraphs (B) and (C) — 
(i) no person may manufacture any polychlorinated biphenyl 
after two years after the effective date of this Act, and 
(ii) no person may process or distribute in commerce any poly-
chlorinated biphenyl after two and one-half years after such date. 
(B) Any pereon may petition the Administrator for an exemption 
Petition for 
from the requirements of subparagraph (A), and the Administrator exemption, 
may grant by 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 may be substituted for 
such polychlorinated biphenyl. 
An exemption granted under this subparagraph shall be subject to Terms and 
such terms and conditions as the Administrator may prescribe and conditions, 
shall be in effect for such period (but not more than one year from 
the date it is granted) as the Administrator may prescribe. 
(C) Subparagraph (A) shall not apply to the distribution in com-
merce of any polychlorinated biphenyl if such polychlorinated 
biphenyl was sold for purposes other than resale before two and one 
half years after the date of enactment of this Act. 
(4) Any rule under paragraph (1), (2)(B), or (3) (B) shall be 
promulgated in accordance with paragraphs (2), (3), and {4) of sub-
section (c). 
(5) This subsection does not limit the authority of the Adminis-
trator, under any other provision of this Act or any other Federal law, 
to take action respecting any polychlorinated biphenyl. 
90 STAT. 2026 
PUBLIC LAW 94-469—OCT. 11, 1976 
Civil action. 
15 use 2606. 
Jurisdiction. 
SEC. 7. IMMINENT HAZARDS. 
(a) ACTIONS AUTHORIZED AND REQUIRED.— (1) The Administrator 
may commence a civil action in an appropriate district court of the 
United States— 
(A) for seizure of an imminently hazardous chemical sub-
stance or mixture or any article containing such a substance or 
mixture, 
(B) for relief (as authorized by subsection (b)) against any 
person who manufactures, processes, distributes in commerce, or 
uses, or disposes of, an imminently hazardous chemical substance 
or mixture or any article containing such a substance or mix-
ture, or 
(C) for both such seizure and relief. 
A civil action may be commenced under this paragraph notwith-
standing the existence of a rule under section 4, 5, or 6 or an order 
under section 5, and notwithstanding the pendency of any adminis-
trative or judicial proceeding under any provision of this Act. 
(2) If the Administrator has not made a rule under section 6(a) 
immediately effective (as authorized by subsection 6 ( d ) ( 2 ) ( A ) ( i ) ) 
with respect to an imminently hazardous chemical substance or mix-
ture, the Administrator shall commence in a district court of the United 
States with respect to such substance or mixture or article containing 
such substance or mixture a civil action described in subparagraph 
(A), (B),or (C) of paragraph (1). 
(b) 
RELIEF AUTHORIZED.— (1) The district court of the United 
States in which an action under subsection (a) is brought shall have 
jurisdiction to grant such temporary or permanent relief as may be 
necessary to protect health or the environment from the unreasonable 
risk associated with the chemical substance, mixture, or article involved 
in such action. 
(2) I n the case of an action under subsection (a) brought against 
a person who manufactures, processes, or distributes in commerce a 
chemical substance or mixture or an article containing a chemical sub-
stance or mixture, the relief authorized by paragraph (1) may include 
the issuance of a mandatory order requiring (A) in the case of pur-
chasers of such substance, mixture, or article known to the defendant, 
notification to such purchasers of the risk associated with it; (B) pub-
lic notice of such risk; (C) recall; (D) the replacement or repurchase 
of such substance, mixture, or article; or (E) any combination of the 
actions described in the preceding clauses. 
(3) I n the case of an action under subsection (a) against a chemi-
cal substance, mixture, or article, such substance, mixture, or article 
may be proceeded against by process of libel for its seizure and con-
demnation. Proceedings in such an action shall conform as nearly as 
possible to proceedings in rem in admiralty. 
(c) V E N U E AND CONSOLIDATION.—(1) (A) A n action under subsec-
tion (a) against a person who manufactures, processes, or distributes a 
chemical substance or mixture or an article containing a chemical sub-
stance or mixture may be brought in the United States District Court 
for the District of Columbia or for any judicial district in which any 
of the defendants is found, resides, or transacts business; and process 
in such an action may be served on a defendant in any other district 
in which such defendant resides or may be found. An action under sub-
section (a) against a chemical substance, mixture, or article may be 
brought in any United States district court within the jurisdiction of 
which the substance, mixture, or article is found. 
(B) I n determining the judicial district in which an action may be 
brought under subsection (a) in instances in which such action may 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2027 
be brought in more than one judicial district, the Administrator shall 
take into account the convenience of the parties. 
(C) Subpeonas requiring attendance of witnesses in an action 
brought under subsection (a) may be served in any judicial district. 
(2) Whenever proceedings under subsection (a) involving identi-
cal chemical substances, mixtures, or articles are pending in courts in 
two or more judicial districts, they shall be consolidated for trial by 
order of any such court upon application reasonably made by any 
party in interest, upon notice to all parties in interest. 
(d) ACTION UNDER SECTION 6.—Where appropriate, concurrently 
with the filing of an action under subsection (a) or as soon thereafter 
as may be practicable, the Administrator shall initiate a proceeding 
for the promulgation of a rule under section 6 (a). 
(e) REPRESENTATION,—Notwithstanding any other provision of law, 
in any action under subsection (a), the Administrator may direct 
attorneys of the Environmental Protection Agency to appear and 
represent the Administrator in such an action. 
(f) 
DEFINITION.—For the purposes of subsection (a), the term 
"imminently hazardous chemical substance or mixture" means a chemi-
cal substance or mixture which presents an imminent and unreason-
able risk of serious or widespread injury to health or the environment. 
Such a risk to health or the environment shall be considered imminent 
if it is shown that the manufacture, processing, distribution in com-
merce, use, or disposal of the chemical substance or mixture, or that any 
combination of such activities, is likely to result in such injury to 
health or the environment before a final rule under section 6 can 
protect against such risk. 
SEC. 8. REPORTING AND RETENTION OF INFORMATION. 
(a) 
REPORTS.— (1) The Administrator shall promulgate rules Rules, 
under which— 
15 USC 2607. 
(A) each person (other than a small manufacturer or proc-
essor) 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 rec-
ords, and shall submit to the Administrator such reports, as the 
Administrator may reasonably require, and 
(B) each person (other than a small manufacturer or proc-
essor) 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 main-
tenance of records or submission of reports, or both, is necessary 
for the effective enforcement of this Act. 
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 Act. For purposes of the compilation 
90 STAT. 2028 
PUBLIC LAW 94-469—OCT. 11, 1976 
of the list of chemical substances required under subsection (b), the 
Administrator shall promulgate rules pursuant to this subsection not 
later than 180 days after the effective date of this Act. 
(2) The Administrator may require under paragraph (1) mainte-
nance 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 manufac-
tured 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 manu-
facture, 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 esti-
mates 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 manu-
facturer or processor of a chemical substance to submit to the Admin-
istrator such information respecting* the chemical substance as the 
Administrator may require for publication of the first list of chemi-
cal substances required by subsection (b). 
(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 4, 
5(b) (4), or 6, or an order in effect under section 6(e), or 
(II) with respect to which relief has been granted pursuant to 
a civil action brought under section 5 or 7, 
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). 
Standards. 
(B) The Administrator, after consultation with the Administrator 
of the Small Business Administration, shall by rule prescribe stand-
ards 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 cur-
rent, and publish a list of each chemical substance which is manufac-
tured or processed in the United States. Such list shall at least include 
each chemical substance which any person reports, under section 5 or 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2029 
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 pur-
suant to the last sentence of subsection (a) (1). I n the case of a chemi-
cal substance for which a notice is submitted in accordance with 
section 5, 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 the effective date of this Act. 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 chemi-
cal 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 Act, 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 distrib-
utes 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 main-
tained under this subsection shall include records of consumer allega-
tions of personal injury or harm to health, reports of occupational 
disease or injury, and reports or complaints of injury to the environ-
ment submitted to the manufacturer, processor, or distributor in com-
merce 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 pro- Rules, 
nmlgate rules under which the Administrator shall require any person 
who manufactures, processes, or distributes in commerce or who pro-
poses 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 ascer-
tainable 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 Act; 
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 a chemical 
substance or mixture and who obtains information which reasonably 
89-194 O—78—pt. 2 
36 
90 STAT. 2030 
PUBLIC LAW 94-469—OCT. 11, 1976 
supports the conclusion that such substance or mixture presents a 
substantial risk of injury to health or the environment shall imme-
diately inform the Administrator of such information unless such 
person has actual knowledge that the Administrator has been ade-
quately informed of such information. 
(f) DEFINITIONS.—For purposes of this section, the terms "manufac-
ture" and "process" mean manufacture or process for commercial 
purposes. 
SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS. 
15 use 2608. 
(a) 
LAWS NOT ADMINISTERED BY THE ADMINISTRATOR.—(1) 
If 
Report. 
the Administrator has reasonable basis to conclude that the manufac-
ture, processing, distribution in commerce, use, or disposal of a chemical 
substance or mixture, or that any combination of such activities, pre-
sents or will present an unreasonable risk of injury to health or the 
environment and determines, in the Administrator's discretion, that 
such risk may be prevented or reduced to a sufficient extent by action 
taken under a Federal law not administered by the Administrator, 
the Administrator shall submit to the agency which administers such 
law a report which describes such risk and includes in such description 
a specification of the activity or combination of activities which the 
Administrator has reason to Wieve so presents such risk. Such report 
shall also request such agency— 
(A) (i) to determine if the risk described in such report may 
be prevented or reduced to a sufficient extent by action taken under 
such law, and 
(ii) if the agency determines that such risk may be so prevented 
or reduced, to issue an order declaring whether or not the activity 
or combination of activities specified in the description of such 
risk presents such risk; and 
(B) to respond to the Administrator with respect to the matters 
described in subparagraph (A). 
Publication in 
Any report of the Administrator shall include a detailed statement of 
Federal Register, 
the information on which it is based and shall be published in the 
Federal Register. The agency receiving a request under such a report 
shall make the requested determination, issue the requested order, 
and make the requested response within such time as the Administrator 
specifies in the request, but such time specified may not be less than 
90 days from the date the request was made. The response of an agency 
shall be accompanied by a detailed statement of the findings and 
conclusions of the agency and shall be published in the Federal Regis-
ter. 
(2) If the Administrator makes a report under paragraph (1) with 
respect to a chemical substance or mixture and the agency to which 
such report was made either— 
(A) issues an order declaring that the activity or combination 
of activities specified in the description of the risk described in 
the report does not present the risk described in the report, or 
(B) initiates, within 90 days of the publication in the Federal 
Register of the response of the agency under paragraph (1), action 
under the law (or laws) administered by such agency to protect 
against such risk associated Avith such activity or combination of 
activities, 
the Administrator may not take any action under section 6 or 7 with 
respect to such risk. 
(3) If the Administrator has initiated action under section 6 or 7 
with respect to a risk associated with a chemical substance or mixture 
which was the subject of a report made to an agency under paragraph 
(1), such agency shall before taking action under the law (or laws) 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2031 
administered by it to protect against such risk consult with the Admin-
istrator for the purpose of avoiding duplication of Federal action 
against such risk. 
(b) LAWS ADMINISTERED BY THE ADMINISTRATOR.—The Administra-
tor shall coordinate actions taken under this Act with actions taken 
under other Federal laws administered in whole or in part by the 
Administrator. If the Administrator determines that a risk to health or 
the environment associated with a chemical substance or mixture could 
be eliminated or reduced to a sufficient extent by actions taken under 
the authorities contained in such other Federal laws, the Administrator 
shall use such authorities to protect against such risk unless the Admin-
istrator determines, in the Administrator's discretion, that it is in the 
public interest to protect against such risk by actions taken under 
this Act. This subsection shall not be construed to relieve the Admin-
istrator of any requirement imposed on the Administrator by such 
other Federal laws. 
(c) OCCUPATIONAL SAFETY AND HEALTH.—In exercising any author-
ity under this Act, the Administrator shall not, for purposes of section 
4(b)(1) of the Occupational Safety and Health Act of 1970, be 29USC651 note, 
deemed to be exercising statutory authority to prescribe or enforce 
standards or regulations affecting occupational safety and health. 
(d) COORDINATION.—In administering this Act, the Administrator 
shall consult and coordinate with the Secretary of Health, Education, 
and Welfare and the heads of any other appropriate Federal execu-
tive department or agency, any relevant independent regulatory 
agency, and any other appropriate instrumentality of the Federal Gov-
ernment for the purpose of achieving the maximum enforcement of this 
Act v.hile imposing the least burdens of duplicative requirements on 
those subject to the Act and for other purposes. The Administrator 
shall, in the report required by section 30, report annually to the 
Congress on actions taken to coordinate with such other Federal 
departments, agencies, or instrumentalities, and on actions taken to 
coordinate the authority under this Act with the authority granted 
under other Acts referred to in subsection (b). 
SEC. 10. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION, 
AND UTILIZATION OF DATA. 
(a) AUTHORITY.—The Administrator shall, in consultation and 15 USC 2609. 
cooperation Avith the Secretary of Health, Education, and Welfare 
and with other heads of appropriate departments and agencies, con-
duct such research, development, and monitoring as is necessary to 
carry out the purposes of this Act. The Administrator may enter into Contracts, 
contracts and may make grants for research, development, and moni-
toring under this subsection. Contracts may be entered into under this 
subsection without regard to sections 3648 and 3709 of the Revised 
Statutes (31 U.S.C. 529,14 UJ6.C. 5). ' 
41 USC 5. 
(b) DATA SYSTEMS.— (1) The Administrator shall establish, admin-
ister, and be responsible for the continuing activities of an interagency 
committee which shall design, establish, and coordinate an efficient and 
effective system, within the Environmental Protection Agency, for 
the collection, dissemination to other Federal departments and agen-
cies, and use of data submitted to the Administrator under this Act. 
(2) (A) The Administrator shall, in consultation and cooperation 
with the Secretary of Health, Education, and Welfare and other heads 
of appropriate departments and agencies design, establish, and coordi-
nate an efficient and effective system for the retrieval of toxicological 
and other scientific data which could be useful to the Administrator in 
carrying out the purposes of this Act. Systematized retrieval shall be 
developed for use by all Federal and other departments and agencies 
90 STAT. 2032 
PUBLIC LAW 94-469—OCT. 11, 1976 
with responsibilities in the area of regulation or study of chemical 
substances and mixtures and their effect on health or the environment. 
(B) The Administrator, in consultation and cooperation with the 
Secretary of Health, Education, and Welfare, may make grants and 
enter into contracts for the development of a data retrieval system 
described in subparagraph (A). Contracts may be entered into under 
this subparagraph without regard to sections 3648 and 3709 of the 
Revised Statutes (31 U.S.C. 529,41 U.S.C. 5). 
(c) SCREENING TECHNIQUES.—The Administrator shall coordinate, 
with the Assistant Secretary for Health of the Department of Health, 
Education, and Welfare, research undertaken by the Administrator 
and directed toward the development of rapid, reliable, and economical 
screening techniques for carcinogenic, mutagenic, teratogenic, and 
ecological effects of chemical substances and mixtures. 
(d) MONITORING.—The Administrator shall, in consultation and 
cooperation with the Secretary of Health, Education, and Welfare, 
establish and be responsible for research aimed at the development, in 
cooperation with local. State, and Federal agencies, of monitoring 
techniques and instruments which may be used in the detection of toxic 
chemical substances and mixtures and which are reliable, economical, 
and capable of being implemented under a wide variety of conditions. 
(e) BASIC RESEARCH.—The Administrator shall, in consultation and 
cooperation with the Secretary of Health, Education, and Welfare, 
establish research programs to develop the fundamental scientific basis 
of the screening and monitoring techniques described in subsections 
(c) and (d), the bounds of the reliability of such techniques, and the 
opportunities for their improvement. 
(f) TRAINING.—The Administrator shall establish and promote 
programs and workshops to train or facilitate the training of Federal 
laboratory and technical pei-sonnel in existing or newly developed 
screening and monitoring techniques. 
(g) EXCHANGE OF RESEARCH AND DEVELOPMENT RESULTS.—The 
Administrator shall, in consultation with the Secretary of Health, 
Education, and Welfare and other heads of appropriate departments 
and agencies, establish and coordinate a system for exchange among 
Federal, State, and local authorities of research and development 
results respecting toxic chemical substances and mixtures, including 
a system to facilitate and promote the development of standard data 
format and analysis and consistent testing procedures. 
SEC. 
1
1
. 
INSPECTIONS 
AND 
SUBPOENAS. 
15 use 2610. 
(a) I N GENERAL.—For purposes of administering this Act, the 
Administrator, and any duly designated representative of the Admin-
istrator, may inspect any establishment, facility, or other premises in 
which chemical substances or mixtures are manufactured, processed, 
stored, or held before or after their distribution in commerce and any 
conveyance being used to transport chemical substances, mixtures, or 
Notice. 
such articles in connection with distribution in commerce. Such an 
inspection may only be made upon the presentation of appropriate 
credentials and of a written notice to the owner, operator, or agent in 
charge of the premises or conveyance to be inspected. A separate notice 
shall be given for each such inspection, but a notice shall not be 
required for each entry made during the period covered by the inspec-
tion. Each such inspection shall be commenced and completed with 
reasonable promptness and shall be conducted at reasonable tihies, 
within reasonable limits, and in a reasonable manner. 
(b) SCOPE.—(1) Except as provided in paragraph (2), an inspec-
tion conducted under subsection (a) shall extend to all things within 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2033 
the premises or conveyance inspected (including records, files, papers, 
processes, controls, and facilities) bearing on whether the requirements 
of this Act applicable to the chemical substances or mixtures within 
such premises or conveyance have been complied with. 
(2) No inspection under subsection (a) shall extend to— 
(A) financial data, 
(B) sales data (other than shipment data), 
(C) pricing data, 
(D) personnel data, or 
(E) research data (other than data required by this Act or 
under a rule promulgated thereunder), 
unless the nature and extent of such data are described with reasonable 
specificity in the written notice required by subsection (a) for such 
inspection. 
(c) SUBPOENAS.—In carrying out this Act, the Administrator may 
by subpoena require the attendance and testimony of witnesses and 
the production of reports, papers, documents, answers to questions, 
and other information that the Administrator deems necessary. Wit-
nesses shall be paid the same fees and mileage that are paid witnesses 
in the courts of the United States. In the event of contumacy, failure, 
or refusal of any person to obey any such subpoena, any district court 
of the United States in which venue is proper shall have jurisdiction 
to order any such person to comply with such subpoena. Any failure 
to obey such an order of the court is punishable by the court as a con-
tempt thereof. 
SEC. 12. EXPORTS. 
(a) I N GENERAL.— (1) Except as provided in paragraph (2) and 15 USC 2611. 
subsection (b), this Act (other than section 8) shall not apply to any 
chemical substance, mixture, or to an article containing a chemical 
substance or mixture, if— 
(A) it can be shown that such substance, mixture, or article is 
being manufactured, processed, or distributed in commerce for 
export from the United States, unless such substance, mixture, or 
article was, in fact, manufactured, processed, or distributed in 
commerce, for use in the United States, and 
(B) such substance, mixture, or article (when distributed in 
commerce), or any container in which it is enclosed (when so dis-
tributed) , bears a stamp or label stating that such substance, mix-
ture, or article is intended for export. 
(2) Paragraph (1) shall not apply to any chemical substance, mix-
ture, or article if the Administrator finds that the substance, mixture, 
or article will present an unreasonable risk of injury to health within 
the United States or to the environment of the United States. The 
Administrator may require, under section 4, testing of any chemical 
substance or mixture exempted from this Act by paragraph (1) for 
the purpose of determining whether or not such substance or mixture 
presents an unreasonable risk of injury to health within the United 
States or to the environment of the United States. 
(b) NOTICE.— (1) If any person exports or intends to export to a 
foreign country a chemical substance or mixture for which the submis-
sion of data is required under section 4 or 5(b), such person shall 
notify the Administrator of such exportation or intent to export and 
the Administrator shall furnish to the government of such country 
notice of the availability of the data submitted to the Administrator 
under such section for such substance or mixture. 
(2) If any person exports or intends to export to a foreign country 
a chemical substance or mixture for which an order has been issued 
90 STAT. 2034 
PUBLIC LAW 94-469—OCT. 11, 1976 
under section 5 or a rule has been proposed or promulgated under sec-
tion 5 or 6, or with respect to which an action is pending, or relief has 
been granted under section 5 or 7, such person shall notify the Admin-
istrator of such exportation or intent to export and the Administrator 
shall furnish to the government of such country notice of such rule, 
order, action, or relief. 
SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE UNITED STATES. 
15 use 2612. 
(a) IN" GENERAL.— (1) The Secretary of the Treasury shall refuse 
entry into the customs territory of the United States (as defined in 
19 use 1202. 
general headnote 2 to the Tariff Schedules of the United States) of 
any chemical substance, mixture, or article containing a chemical sub-
stance or mixture offered for such entry if— 
(A) it fails to comply with any rule in effect under this Act, or 
(B) it is offered for entry in violation of section 5 or 6, a rule or 
order under section 5 or 6, or an order issued in a civil action 
brought under section 5 or 7. 
Notification. 
(2) If a chemical substance, mixture, or article is refused entry 
under paragraph (1), the Secretary of the Treasury shall notify the 
consignee of such entry refusal, shall not release it to the consignee, 
and shall cause its disposal or storage (under such rules as the Secre-
tary of the Treasury may prescribe) if it has not been exported by the 
consignee within 90 days from the date of receipt of notice of such 
refusal, except that the Secretary of the Treasury may, pending a 
review by the Administrator of the entry refusal, release to the con-
signee such substance, mixture, or article on execution of bond for the 
amount of the full invoice of such substance, mixture, or article (as 
such value is set forth in the customs entry), together with the duty 
thereon. On failure to return such substance, mixture, or article for 
any cause to the custody of the Secretary of the Treasury when 
demanded, such consignee shall be liable to the United States for liqui-
dated damages equal to the full amount of such bond. All charges for 
storage, cartage, and labor on and for disposal of substances, mixtures, 
or articles which are refused entry or release under this section shall 
be paid by the owner or consignee, and in default of such payment 
shall constitute a lien against any future entry made by such owner or 
consignee. 
(b) RULES.—The Secretary of the Treasury, after consultation with 
the Administrator, shall issue rules for the administration of subsec-
tion (a) of this section. 
SEC. 14. DISCLOSURE OF DATA. 
15 use 2613. 
(a) I N GENERAL.—Except as provided by subsection (b), any 
information reported to, or otherwise obtained by, the Administrator 
(or any representative of the Administrator) under this Act, which is 
exempt from disclosure pursuant to subsection (a) of section 552 of 
title 5, United States Code, by reason of subsection (b) (4) of such 
section, shall, notwithstanding the provisions of any other section of 
this Act, not be disclosed by the Administrator or by any officer or 
employee of the United States, except that such information— 
(1) shall be disclosed to any officer or employee of the United 
States— 
(A) in connection with the official duties of such officer 
or employee under any law for the protection of health or 
the environment, or 
(B) for specific law enforcement purposes; 
(2) shall be disclosed to contractors with the United States and 
employees of such contractors if in the opinion of the Administra-
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2035 
tor such disclosure is necessary for the satisfactory performance 
by the contractor of a contract with the United States entered into 
on or after the date of enactment of this Act for the performance 
of work in connection with this Act and under such conditions 
as the Administrator may specify; 
(3) shall be disclosed if the Administrator determines it neces-
sary to protect health or the environment against an unreasonable 
risk of injury to health or the environment; or 
(4) may be disclosed when relevant in any proceeding under 
this Act, except that disclosure in such a proceeding shall be 
made in such manner as to preserve confidentiality to the extent 
practicable without impairing the proceeding. 
In any proceeding under section 552(a) of title 5, United States Code, 
to obtain information the disclosure of which has been denied because 
of the provisions of this subsection, the Administrator may not rely on 
section 552(b) (3) of such title to sustain the Administrator's action. 
(b) DATA FROM HEALTH A
N
D SAFETY STUDIES.—(1) Subsection (a) 
does not prohibit the disclosure of— 
(A) any health and safety study which is submitted under this 
Act with respect to— 
(i) any chemical substance or mixture which, on the date 
on which such study is to be disclosed has been offered for 
commercial distribution, or 
(ii) any chemical substance or mixture for which testing is 
required under section 4 or for which notification is required 
under section 5, and 
(B) any data reported to, or otherwise obtained by, the Admin-
istrator from a health and safety study which relates to a chemical 
substance or mixture described in clause (i) or (ii) of subpara-
graph (A). 
This paragraph does not authorize the release of any data which dis-
closes processes used in the manufacturing or processing of a chemical 
substance or mixture or, in the case of a mixture, the release of data 
disclosing the portion of the mixture comprised by any of the chemical 
substances in the mixture. 
(2) If a request is made to the Administrator under subsection (a) 
of section 552 of title 5, United States Code, for information which is 
described in the first sentence of paragraph (1) and which is not 
information described in the second sentence of such paragraph, the 
Administrator may not deny such request on the basis of subsection 
(b) (4) of such section. 
(c) DESIGNATION AND RELEASE OF CONFIDENTIAL DATA.—(1) In sub-
mitting data under this Act, a manufacturer, processor, or distributor 
in commerce may (A) designate the data which such person believes 
is entitled to confidential treatment under subsection (a), and (B) 
submit such designated data separately from other data submitted 
under this Act. A designation under this paragraph shall be made in 
writing and in such manner as the Administrator may prescribe. 
(2) (A) Except as provided by subparagraph (B), if the Adminis- 
Notification. 
trator proposes to release for inspection data which has been desig-
luited imder paragraph (1)(A), the Administrator shall notify, in 
writing and by certified mail, the manufacturer, processor, or distrib-
utor in commerce who submitted such data of the intent to release such 
data. If the release of such data is to be made pursuant to a request 
made under section 552(a) of title 5, United States Code, such notice 
shall be given immediately upon approval of such request by the 
Administrator. The Administrator may not release such data until 
90 STAT. 2036 
PUBLIC LAW 94-469—OCT. 11, 1976 
the expiration of 30 days after the manufacturer, processor, or distrib-
utor in commerce submitting such data has received the notice required 
by this subparagraph. 
Notification. 
(B) (i) Subparagraph (A) shall not apply to the release of infor-
mation under paragraph (1), (2), (3), or (4) of subsection (a), except 
that the Administrator may not release data under paragraph (3) of 
subsection (a) unless the Administrator has notified each manufac-
turer, processor, and distributor in commerce who submitted such data 
of such release. Such notice shall be made in writing by certified mail 
at least 15 days before the release of such data, except that if the 
Administrator determines that the release of such data is necessary 
to protect against an imminent, unreasonable risk of injury to health 
or the environment, such notice may be made by such means as the 
Administrator determines will provide notice at least 24 hours before 
such I'elease is made. 
(ii) Subparagraph (A) shall not apply to the release of information 
described in subsection (b)(1) other than information described in 
the second sentence of such subsection. 
(d) 
CRIMINAL 
PENALTY FOR WRONGFUL DISCLOSURE.— (1) 
Any 
officer or employee of the United States or former officer or employee 
of the United States, who by virtue of such employment or official 
position has obtained possession of, or has access to, material the dis-
closure of which is prohibited by subsection (a), and who knowing 
that disclosure of such material is prohibited by such subsection, will-
fully discloses the material in any manner to any person not entitled to 
receive it, shall be guilty of a misdemeanor and fined not more than 
$5,000 or imprisoned for not more than one year, or both. Section 
1905 of title 18, United States Code, does not apply with respect to 
the publishing, divulging, disclosure, or making known of, or making 
available, information reported or otherwise obtained under this Act. 
(2) For the purposes of paragraph (1), any contractor with the 
United States who is furnished information as authorized by subsec-
tion (a) (2), and any employee of any such contractor, shall be con-
sidered to be an employee of the United States. 
(e) ACCESS BY CONGRESS.—Notwithstanding any limitation con-
tained in this section or any other provision of law, all information 
reported to or otherwise obtained by the Administrator (or any repre-
sentative of the Administrator) under this Act shall be made available, 
upon written request of any duly authorized committee of the Con-
gress, to such committee. 
SEC. 15. PROHIBITED ACTS. 
15 use 2614. 
It shall be unlawful for any person to— 
(1) fail or refuse to comply with (A) any rule promulgated or 
order issued under section 4, (B) any requirement prescribed by 
section 5 or 6, or (C) any rule promulgated or order issued under 
section 5 or 6; 
(2) use for commercial purposes a chemical substance or mix-
ture which such person knew or had reason to know was manufac-
tured, processed, or distributed in commerce in violation of section 
5 or 6, a rule or order under section 5 or 6, or an order issued in 
action brought under section 5 or 7; 
(3) fail or refuse to (A) establish or maintain records, (B) 
submit reports, notices, or other information, or (C) permit access 
to or copying of records, as required by this Act or a rule there-
under; or 
(4) fail or refuse to permit entry or inspection as required by 
section 11. 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2037 
SEC. 16. PENALTIES. 
(a) CIVIL.— (1) Any person who violates a provision of section 15 15 USC 2615. 
shall be liable to the United States for a civil penalty in an amount 
not to exceed $25,000 for each such violation. Each day such a viola-
tion continues shall, for purposes of this subsection, constitute a sepa-
rate violation of section 15. 
(2) (A) A civil penalty for a violation of section 15 shall be assessed Hearing, 
by the Administrator by an order made on the record after oppor-
tunity (provided in accordance with this subparagraph) for a hearing 
in accordance with section 554 of title 5, United States Code. Before 
issuing such an order, the Administrator shall give written notice to 
the person to be assessed a civil penalty under such order of the Admin-
istrator's proposal to issue such order and provide such person an 
opportunity to request, within 15 days of the date the notice is received 
by such person, such a hearing on the order. 
(B) In determining the amount of a civil penalty, the Administra-
tor shall take into account the nature, circumstances, extent, and 
gravity of the violation or violations and, with respect to the violator, 
ability to pay, effect on ability to continue to do business, any history 
of prior such violations, the degree of culpability, and such other 
matters as justice may require. 
(C) The Administrator may compromise, modify, or remit, with 
or without conditions, any civil penalty which may be imposed under 
this subsection. The amount of such penalty, when finally determined, 
or the amount agreed upon in compromise, may be deducted from 
any sums owing by the United States to the person charged. 
(3) Any person who requested in accordance with paragraph (2) 
Petition for 
(A) a hearing respecting the assessment of a civil penalty and who is judicial review, 
a^ggrieved by an order assessing a civil penalty may file a petition for 
judicial review of such order with the United States Court of Appeals 
for the District of Columbia Circuit or for any other circuit in which 
such person resides or transacts business. Such a petition may only be 
filed within the 30-day period beginning on the date the order making 
such assessment was issued. 
(4) If any person fails to pay an assessment of a civil penalty— 
(A) after the order making the assessment has become a final 
order and if such person does not file a petition for judicial review 
of the order in accordance with paragraph (3), or 
(B) after a court in an action brought under paragraph (3) 
has entered a final judgment in favor of the Administrator, 
the Attorney General shall recover the amount assessed (plus interest 
at currently prevailing rates from the date of the expiration of the 30-
day period referred to in paragraph (3) or the date of such final 
judgment, as the case may be) in an action brought in any appropriate 
district court of the United States. In such an action, the validity, 
amount, and appropriateness of such penalty shall not be subject to 
review. 
(b) CRIMINAL.—Any person who knowingly or willfully violates 
any provision of section 15 shall, in addition to or in lieu of any civil 
penaxty v/hich may be imposed under subsection (a) of this section for 
such violation, be subject, upon conviction, to a fine of not more than 
$25,000 for each day of violation, or to imprisonment for not more 
than one year, or both. 
SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE. 
(a) SPECIFIC ENroRCEMENT.—(1) The district courts of the United 15 USC 2616. 
States shall have jurisdiction over civil actions to— 
(A) restrain any violation of section 15, 
90 STAT. 2038 
PUBLIC LAW 94-469—OCT. 11, 1976 
(B) restrain any person from taking any action prohibited by 
section 5 or 6 or by a rule or order under section 5 or 6, 
(C) compel the taking of any action required by or under this 
Act, or 
(D) direct any manufacturer or processor of a chemical sub-
stance or mixture manufactured or processed in violation of sec-
tion 5 or 6 or a rule or order under section 5 or 6 and distributed 
in commerce, (i) to give notice of such fact to distributors in 
commerce of such substance or mixture and, to the extent reason-
ably ascertainable, to other persons in possession of such sub-
stance or mixture or exposed to such substance or mixture, (ii) to 
give public notice of such risk of injury, and (iii) to either replace 
or repurchase such substance or mixture, whichever the person to 
which the requirement is directed elects. 
(2) A civil action described in paragraph (1) may be brought— 
(A) in the case of a civil action described in subparagraph (A) 
of such paragraph, in the United States district court for the judi-
cial district wherein any act, omission, or transaction constituting 
a violation of section 15 occurred or wherein the defendant is found 
or transacts business, or 
(B) in the case of any other civil action described in such para-
graph, in the United States district court for the judicial district 
wherein the defendant is found or transacts business. 
In any such civil action process may be served on a defendant in any 
judicial district in which a defendant resides or may be found. Sub-
poenas requiring attendance of witnesses in any such action may be 
served in any judicial district. 
(b) SEIZURE.—Any chemical substance or mixture which was manu-
factured, processed, or distributed in commerce in violation of this Act 
or any rule promulgated or order issued under this Act or any article 
containing such a substance or mixture shall be liable to be proceeded 
against, by process of libel for the seizure and condemnation of such 
substance, mixture, or article, in any district court of the United States 
within the jurisdiction of which such substance, mixture, or article is 
found. Such proceedings shall conform as nearly as possible to proceed-
ings in rem in admiralty. 
SEC. 18. PREEMPTION. 
15 use 2617. 
(a) EFFECT ON STATE LAW.— (1) Except as provided in paragraph 
(2), nothing in this Act shall affect the authority of any State or politi-
cal subdivision of a State to establish or continue in effect regulation 
of any chemical substance, mixture, or article containing a chemical 
substance or mixture. 
(2) Except as provided in subsection (b) — 
(A) if the Administrator requires by a rule promulgated under 
section 4 the testing of a chemical substance or mixture, no State or 
political subdivision may, after the effective date of such rule, 
establish or continue in effect a requirement for the testing of such 
substance or mixture for purposes similar to those for which test-
ing is required under such rule; and 
(B) if the Administrator prescribes a rule or order under sec-
tion 5 or 6 (other than a rule imposing a requirement described 
in subsection (a) (6) of section 6) which is applicable to a chemical 
substance or mixture, and which is designed to protect against a 
risk of injury to health or the environment associated with such 
substance or mixture, no State or political subdivision of a State 
may, after the effective date of such requirement, establish or 
continue in effect, any requirement which is applicable to such sub-
stance or mixture, or an article containing such substance or mix-
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2039 
Petition. 
15 use 2618. 
ture, and which is designed to protect against such risk unless such 
requirement (i) is identical to the requirement prescribed by the 
Administrator, (ii) is adopted under the authority of the Clean 
Air Act or any other Federal law, or (iii) prohibits the use of such 
substance or mixture in such State or political subdivision (other 
than its use in the manufacture or processing of other substances 
or mixtures), 
(b) EXEMPTION.—^Upon application of a State or political subdivi- Application, 
sion of a State the Administrator may by rule exempt from subsection 
(a)(2), under such conditions as may be prescribed in such rule, a 
requirement of such State or political subdivision designed to protect 
against a risk of injury to health or the environment associated with 
a chemical substance, mixture, or article containing a chemical sub-
stance or mixture if— 
(1) compliance with the requirement would not cause the 
manufacturing, processing, distribution in commerce, or use of the 
substance, mixture, or article to be in violation of the applicable 
requirement under this Act described in subsection (a) (2), and 
(2) the State or political subdivision requirement (A) provides 
a significantly higher degree of protection from such risk than the 
requirement under this Act described in subsection (a) (2) and 
(B) does not, through difficulties in marketing, distribution, or 
other factors, unduly burden interstate commerce. 
SEC. 19. JUDICIAL REVIEW. 
(a) IN GENERAL.— (1) (A) Not later than 60 days after the date 
of the promulgation of a rule under section 4(a), 5(a)(2), 5(b) (4), 
6(a), 6(e), or 8, any person may file a petition for judicial review of 
such rule with the United States Court of Appeals for the District of 
Columbia Circuit or for the circuit in which such person resides or in 
which such person's principal place of business is located. Courts 
of appeals of the United States shall have exclusive jurisdiction of 
any action to obtain judicial review (other than in an enforcement 
proceeding) of such a rule if any district court of the United States 
would have had jurisdiction of such action but for this subparagraph. 
(B) Courts of appeals of the United States shall have exclusive 
jurisdiction of any action to obtain judicial review (other than in an 
enforcement proceeding) of an order issued under subparagraph (A) 
or (B) of section 6(b) (1) if any district court of the United States 
would have had jurisdiction of such action but for this subparagraph. 
(2) Copies of any petition filed under paragraph (1) (A) shall be 
transmitted forthwith to the Administrator and to the Attorney Gen-
eral by the clerk of the court with which such petition was filed. The 
provisions of section 2112 of title 28, United States Code, shall apply 
to the filing of the rulemaking record of proceedings on which the 
Administrator based the rule being reviewed under this section and to 
the transfer of proceedings between United States courts of appeals. 
(3) For purposes of this section, the term "rulemaking record" 
means— 
(A) the rule being reviewed under this section; 
(B) in the case of a rule under section 4(a), the finding required 
by such section, in the case of a rule under section 5(b) (4), the 
finding required by such section, in the case of a rule under section 
6(a) the finding required by section 5(f) or 6(a), as the case may 
be, in the case of a rule under section 6(a), the statement required 
by section 6(c) (1), and in the case of a rule under section 6(e), 
the findings required by paragraph (2)(B) or (3)(B) of such 
section, as the case may be; 
Jurisdiction. 
Petition copies, 
transmittal to 
Administrator 
and Attorney 
General. 
"Rulemaking 
record." 
90 STAT. 2040 
PUBLIC LAW 94-469—OCT. 11, 1976 
Publication in 
Federal Register. 
Review. 
(C) any transcript reouired to be made of oral presentations 
made in proceedings f'^r the promulgation of such rule; 
(D) any written submission of interested parties respecting the 
promulgation of such rule; and 
(E) any other information which the Administrator considers 
to be relevant to such rule and which the Administrator identified, 
on or before the date of the promulgation of such rule, in a notice 
published in the Federal Ecgister. 
(b) ADDITIONAL SUBMISSIONS AND PRESENTATIONS ; MODIFICATIONS.— 
If in an action under this section to review a rule the petitioner or the 
Administrator applies to the court for leave to make additional oral 
submissions or written presentations respecting such rule and shows 
to the satisfaction of the court that such submissions and presentations 
would be material and that there were reasonable grounds for the sub-
missions and failure to make such submissions and presentations in 
the proceeding before the Administrator, the court may order the 
Administrator to provide additional opportunity to make such sub-
missions and presentations. The Administrator may modify or set 
aside the rule being reviewed or make a new rule by reason of the 
additional submissions and presentations and shall file such modified 
or new rule with the return of such submissions and presentations. 
The court shall thereafter review such new or modified rule. 
(c) STANDARD OF REVIEW.—(1) (A) Upon the filing of a petition 
under subsection (a) (1) for judicial revicAV of a rule, the court shall 
have jurisdiction (i) to grant appropriate relief, including interim 
relief, as provided in chapter 7 of title 5, United States Code, and 
(ii) except as otherwise provided in subparagraph ( B ) , to review 
such rule in accordance with chapter 7 of title 5, United States Code. 
(B) Section 706 of title 5, United States Code, shall apply to review 
of a rule under this section, except that— 
(i) in the case of review of a rule under section 4(a), 5(b) (4), 
6(a), or 6(e), the standard for review prescribed by paragraph 
(2) (E) of such section 706 shall not apply and the court shall 
hold unlawful and set aside such rule if the court finds that the 
rule is not supported by substantial evidence in the rulemaking 
record (as defined in subsection (a)(3)) taken as a whole; 
(ii) in the case of review of a rule under section 6(a), the court 
shall hold unlawful and set aside such rule if it finds that— 
(I) a determination by the Administrator under section 
6(c) (3) that the petitioner seeking review of such rule is not 
entitled to conduct (or have conducted) cross-examination or 
to present rebuttal submissions, or 
(II) a rule of, or ruling by, the Administrator under sec-
tion 6(c) (3) limiting such petitioner's cross-examination or 
oral presentations, 
has precluded disclosure of disputed material facts which was 
necessary to a fair determination by the Administrator of the 
rulemaking proceeding taken as a whole; and section 706(2) (D) 
shall not apply with respect to a determination, rule, or ruling 
referred to in subclause (I) or ( I I ) ; and 
(iii) the court may not review the contents and adequacy of— 
(I) any statement required to be made pursuant to section 
6(c)(1),or 
(II) any statement of basis and purpose required by sec-
tion 553(c) of title 5, United States Code, to be incorporated 
in the rule 
except as part of a review of the rulemaking record taken as a 
whole. 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2041 
The term "evidence" as used in clause (i) means any matter in the "Evidence." 
rulemaking record. 
(C) A determination, rule, or ruling of the Administrator described 
in subparagraph (B) (ii) may be reviewed only in an action under 
this section and only in accordance with such subj)aragraph. 
(2) The judgment of the court affirming or setting aside, in whole 
or in part, any rule reviewed in accordance with this section shall be 
final, subject to review by the Supreme Court of the United States 
upon certiorari or certification, as provided in section 1254 of title 28, 
United States Code. 
(d) FEES AND COSTS.—The decision of the court in an action com-
menced under subsection (a), or of the Supreme Court of the United 
States on review of such a decision, may include an award of costs of 
suit and reasonable fees for attorneys and expert witnesses if the court 
determines that such an award is appropriate. 
(e) OTHER REMEDIES.—The remedies as provided in this section shall 
be in addition to and not in lieu of any other remedies provided by law. 
SEC. 20. CITIZENS' CIVIL ACTIONS. 
(a) IN GENERAL.—Except as provided in subsection (b), any person 15 USC 2619. 
may commence a civil action— 
(1) against any person (including (A) the United States, and 
(B) any other governmental instrumentality or agency to the 
extent permitted by the eleventh amendment to the Constitution) 
who is alleged to be in violation of this Act or any>rule promul-
gated under section 4, 5, or 6 or order issued under section 5 
to restrain such violation, or 
(2) against the Administrator to compel tjie Administrator 
to perform any act or duty under this Act which is not discre-
tionary. 
Any civil action under paragraph (1) shall be brought in the United 
States district court for the district in which the alleged violation 
occurred or in which the defendant resides or in which the defendant's 
principal place of business is located. Any action brought under para-
graph (2) shall be brought in the United States District Court for 
the District of Columbia, or the United States district court for the 
judicial district in which the plaintiff is domiciled. The district courts Jurisdiction, 
of the United States shall have jurisdiction over suits brought under 
this section, without regard to the amount in controversy or the citizen-
ship of the parties. In any civil action under this subsection process 
may be served on a defendant in any judicial district in which the 
defendant resides or may be found and subpoenas for witnesses may 
be served in any judicial district. 
(b) LIMITATION.—No civil action may be commenced— 
(1) under subsection (a) (1) to restrain a violation of this Act 
or rule or order under this Act— 
(A) before the expiration of 60 days after the plaintiff Notice. 
has given notice of such violation (i) to the Administrator, 
and (ii) to the person who is alleged to have committed such 
violation, or 
(B) if the Administrator has commenced and is diligently 
prosecuting a proceeding for the issuance of an order under 
section 16(a) (2) to require compliance with this Act or with 
such rule or order or if the Attorney General has commenced 
and is diligently prosecuting a civil action in a court of the 
United States to require compliance with this Act or with 
such rule or order, but if such proceeding or civil action is 
commenced after the giving of notice, any person giving such 
notice may intervene as a matter of right in such proceeding 
or action; or 
90 STAT. 2042 
PUBLIC LAW 94-469—OCT. 11, 1976 
Notice. 
Rule. 
15 use 2620. 
Public hearing. 
(2) under subsection (a) (2) before the expiration of 60 days 
after the plaintiff has given notice to the Administrator of the 
alleged failure of the Administrator to perform an act or duty 
which is the basis for such action or, in the case of an action under 
such subsection for the failure of the Administrator to file an 
action under section 7, before the expiration of ten days after 
such notification. 
Notice under this subsection shall be given in such manner as the 
Administrator shall prescribe by rule. 
(c) GENERAL.— (1) In any action under this section, the Adminis-
trator, if not a party, may intervene as a matter of right. 
(2) The court, in issuing any final order in any action brought pur-
suant to subsection (a), may award costs of suit and reasonable fees 
for attorneys and expert witnesses if the court determines that such 
an award is appropriate. Any court, in issuing its decision in an action 
brought to review such an order, may award costs of suit and reason-
able fees for attorneys if the court determines that such an award 
is appropriate. 
(3) Nothing in this section shall restrict any right which any person 
(or class of persons) may have under any statute or common law to 
seek enforcement of this Act or any rule or order under this Act 
or to seek any other relief. 
(d) CONSOLIDATION.—When two or more civil actions brought under 
subsection (a) involving the same defendant and the sq,me issues or 
violations are pending in two or more judicial districts, «uch pending 
actions, upon application of such defendants to such actions which is 
made to a court in which any such action is brought, may, if such court 
in its discretion so decides, be consolidated for trial by order (issued 
after giving all parties reasonable notice and opportunity to be heard) 
of such court and tried in— 
(1) any district which is selected by such defendant and in 
which one of such actions is pending, 
(2) a district which is agreed upon by stipulation between all 
the parties to such actions and in which one of such actions is 
pending, or 
(3) a district which is selected by the court and in which one 
of such actions is pending. 
The court issuing such an order shall give prompt notification of the 
order to the other courts in which the civil actions consolidated under 
the order are pending. 
SEC. 21. CITIZENS' PETITIONS. 
(a) I N GENERAL.—Any person may petition the Administrator to 
initiate a proceeding for the issuance, amendment, or repeal of a rule 
under section 4, 6, or 8 or an order under section 5(e) or ( 6 ) ( b ) ( 2 ) . 
(b) PROCEDURES.— (1) Such petition shall be filed in the principal 
office of the Administrator and shall set forth the facts which it is 
claimed establish that it is necessary to issue, amend, or repeal a rule 
under section 4, 6, or 8 or an order under section 5(e), 6(b) (1) (A), 
or 6 ( b ) ( 1 ) ( B ) . 
(2) The Administrator may hold a public hearing or may conduct 
such investigation or proceeding as the Administrator deems appro-
priate in order to determine whether or not such petition should be 
granted. 
(3) Within 90 days after filing of a petition described in paragraph 
(1), the Administrator shall either grant or deny the petition. If the 
Administrator grants such petition, the Administrator shall promptly 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2043 
Publication in 
Federal Register. 
commence an appropriate proceeding in accordance with section 4, 
5,6, or 8. If the Administrator denies such petition, the Administrator 
shall publish in the Federal Register the Administrator's reasons 
for such denial. 
(4) (A) If the Administrator denies a petition filed under this Civil action, 
section (or if the Administrator fails to grant or deny such petition 
within the 90-day period) the petitioner may commence a civil action 
in a district court of the United States to compel the Administrator 
to initiate a rulemaking proceeding as requested in the petition. Any 
such action shall be filed within 60 days after the Administrator's 
denial of the petition or, if the Administrator fails to grant or deny 
the petition within 90 days after filing the petition, within 60 days 
after the expiration of the 90-day period. 
(B) In an action under subparagraph (A) respecting a petition 
to initiate a proceeding to issue a rule under section 4, 6, or 8 or an 
order under section 5(e) or 6(b) (2), the petitioner shall be provided 
an opportunity to have such petition considered by the court in a 
de novo proceeding. If the petitioner demonstrates to the satisfaction 
of the court by a preponderance of the evidence that— 
(i) in the case of a petition to initiate a proceeding for the 
issuance of a rule under section 4 or an order under section 5(e) — 
(I) information available to the Administrator is insuffi-
cient to permit a reasoned evaluation of the health and 
environmental effects of the chemical substance to be subject 
to such rule or order; and 
(II) in the absence of such information, the substance may 
present an unreasonable risk to health or the environment, 
or the substance is or will be produced in substantial quan-
tities and it 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 it; or 
(ii) in the case of a petition to initiate a proceeding for the 
issuance of a rule under section 6 or 8 or an order under section 
6(b) (2), there is a reasonable basis to conclude that the issuance 
of such a rule or order is necessary to protect health or the 
environment against an unreasonable risk of injury to health or 
the environment. 
the court shall order the Administrator to initiate the action requested 
by the petitioner. If the court finds that the extent of the risk to 
health or the environment alleged by the petitioner is less than the 
extent of risks to health or the environment with respect to which 
the Administrator is taking action under this Act and there are 
insufficient resources available to the Administrator to take the action 
requested by the petitioner, the court may permit the Administrator 
to defer initiating the action requested by the petitioner until such time 
as the court prescribes. 
(C) The court in issuing any final order in any action brought pur-
suant to subparagraph (A) maj^ award costs of suit and reasonable 
fees for attorneys and expert witnesses if the court determines that 
such an award is appropriate. Any court, in issuing its decision in an 
action brought to review such an order, may award costs of suit and 
reasonable fees for attorneys if the court determines that such an 
award is appropriate. 
(5) The remedies under this section shall be in addition to, and not 
in lieu of, other remedies provided by law. 
90 STAT. 2044 
PUBLIC LAW 94-469—OCT. 11, 1976 
15 use 2621. 
Publication in 
Federal Register. 
Notice to 
congressional 
committee. 
15 u s e 2622. 
Notification. 
Investigation. 
Notification. 
Notice and 
hearing. 
SEC. 22. NATIONAL DEFENSE WAIVER. 
The Administrator shall waive compliance with any provision of 
this Act upon a request and determination by the President that the 
requested waiver is necessary in the interest of national defense. The 
Administrator shall maintain a written record of the basis upon 
which such waiver was granted and make such record available for in 
camera examination when relevant in a judicial proceeding under 
this Act. Upon the issuance of such a waiver, the Administrator shall 
publish in the Federal Register a notice that the waiver was granted 
for national defense purposes, unless, upon the request of the Presi-
dent, the Administrator determines to omit such publication because 
the publication itself would be contrary to the interests of national 
defense, in which event the Administrator shall submit notice thereof 
to the Armed Services Committees of the Senate and the House of 
Representati ves. 
SEC. 23. EMPLOYEE PROTECTION. 
(a) I N GENERAL.—No employer may discharge any employee or 
otherwise discriminate against any employee with respect to the 
employee's compensation, terms, conditions, or privileges of employ-
ment because the employee (or any person acting pursuant to a request 
of the employee) has— 
(1) commenced, caused to be commenced, or is about to com-
mence or cause to be commenced a proceeding under this Act; 
(2) testified or is about to testify in any such proceeding; or 
(3) assisted or participated or is about to assist or participate 
in any manner in such a proceeding or in any other action to 
carry out the purposes of this Act. 
(b) REMEDY.—(1) Any employee who believes that the employee 
has been discharged or otherwise discriminated against by any person 
in violation of subsection (a) of this section may, within 30 days after 
such alleged violation occurs, file (or have any person file on the 
employee^ behalf) a complaint with the Secretary of Labor (here-
inafter in this section referred to as the "Secretary") alleging such 
discharge or discrimination. Upon receipt of such a complaint, the 
Secretary shall notify the person named in the complaint of the filing 
of the complaint. 
(2) (A) Upon receipt of a complaint filed under paragraph (1), the 
Secretary shall conduct an investigation of the violation alleged in the 
complaint. Within 30 days of the receipt of such complaint, the Secre-
tary shall complete such investigation and shall notify in writing the 
complainant (and any person acting on behalf of the complainant) 
and the person alleged to have committed such violation of the results 
of the investigation conducted pursuant to this paragraph. Within 
ninety days of the receipt of such complaint the Secretary shall, unless 
the proceeding on the complaint is terminated by the Secretary on the 
basis of a settlement entered into by the Secretary and the person 
alleged to have committed such violation, issue an order either pro-
viding the relief prescribed by subparagraph (B) or denying the 
complaint. An order of the Secretary shall be made on the record after 
notice and opportunity for agency hearing. The Secretarv may not 
enter into a settlement terminating a proceeding on a complaint with-
out the participation and consent of the complainant. 
(B) If in response to a complaint filed under paragraph (1) the 
Secretary determines that a violation of subsection (a) of this section 
has occurred, the Secretary shall order (i) the person who committed 
such violation to take affirmative action to abate the violation, (ii) 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2045 
such person to reinstate the complainant to the complainant's former 
position together with the compensation (including back pay), terms, 
conditions, and privileges of the complainant's employment, (iii) com-
pensatory damages, and (iv) where appropriate, exemplary damages. 
If such an order issued, the Secretary, at the request of the complain-
ant, shall assess against the person against whom the order is issued a 
sum equal to the aggregate amount of all costs and expenses (including 
attorney's fees) reasonably incurred, as determined by the Secretary, 
by the complainant for, or in connection with, the bringing of the com-
plaint upon which the order was issued. 
(c) REVIEW.—(1) Any employee or employer adversely affected or 
aggrieved by an order issued under subsection (b) may obtain review 
of the order in the United States Court of Appeals for the circuit in 
which the violation, with respect to which the order was issued, 
allegedly occurred. The petition for review must be filed within sixty 
days from the issuance of the Secretary's order. Review shall conform 
to chapter 7 of title 5 of the United States Code. 
(2) An order of the Secretary, with respect to which review could 
have been obtained under paragraph (1), shall not be subject to 
judicial review in any criminal or other civil proceeding. 
(d) ENTORCEMENT.—Whenever a person has failed to comply with 
Civil action, 
an order issued under subsection (b) (2), the Secretary shall file a civil 
action in the United States district court for the district in which the 
violation was found to occur to enforce such order. In actions brought 
Jurisdiction, 
under this subsection, the district courts shall have jurisdiction to 
grant all appropriate relief, including injunctive relief and compensa-
tory and exemplary damages. Civil actions brought under this sub-
section shall be heard and decided expeditiously. 
(e) EXCLUSION.—Subsection (a) of this section shall not apply with 
respect to any employee who, acting without direction from the 
employee's employer (or any agent of the employer), deliberately 
causes a violation of any requirement of this Act. 
SEC. 24. EMPLOYMENT EFFECTS. 
(a) I N GENERAL.—^The Administrator shall evaluate on a continuing Evaluation, 
basis the potential effects on employment (including reductions in 15 USC 2623. 
employment or loss of employment from threatened plant closures) 
of— 
(1) the issuance of a rule or order under section 4, 5, or 6, or 
(2) a requirement of section 5 or 6. 
(b) (1) INVESTIGATIONS.—^Any employee (or any representative of 
an employee) may request the Administrator to make an investigation 
of— 
(A) a discharge or layoff or threatened discharge or layoff of 
the employee, or 
(B) adverse or threatened adverse effects on the employee's 
employment, 
allegedly resulting from a rule or order under section 4, 5, or 6 or a 
requirement of section 5 or 6. Any such request shall be made in writ-
ing, shall set forth with reasonable particularity the grounds for the 
request, and shall be signed by the employee, or representative of such 
employee, making the request. 
(2) (A) Upon receipt of a request made in accordance with para- Public hearings, 
graph (1) the Administrator shall (i) conduct the investigation 
requested, and (ii) if requested by any interested person, hold public 
hearings on any matter involved in the investigation unless the Admin-
istrator, by order issued within 45 days of the date such hearings are 
89-194 O—78—pt. 2 
37 
90 STAT. 2046 
PUBLIC LAW 94-469—OCT. 11, 1976 
Notification. 
Publication in 
Federal Register. 
Recommenda-
tions. 
15 u s e 2624. 
Submittal to 
Congress. 
GAO review. 
G>nsultation. 
Report to 
G>ngres8. 
15 u s e 2625. 
requested, denies the request for the hearings because the Adminis-
trator determines there are no reasonable grounds for holding such 
hearings. If the Administrator makes such a determination, the 
Administrator shall notify in writing the person requesting the hear-
ing of the determination and the reasons therefor and shall publish the 
determination and the reasons therefor in the Federal Register. 
(B) If public hearings are to be held on any matter involved in an 
investigation conducted under this subsection— 
(i) at least five days' notice shall be provided the person mak-
ing the request for the investigation and any person identified in 
such request, 
(ii) such hearings shall be held in accordance with section 
6(c) (3), and 
(iii) each employee who made or for whom was made a request 
for such hearings and the employer of such employee shall be 
required to present information respecting the applicable matter 
referred to in paragraph (1)(A) or (1)(B) together with the 
basis for such information. 
(3) Upon completion of an investigation under paragraph (2), the 
Administrator shall make findings of fact, shall make such recom-
mendations as the Administrator deems appropriate, and shall make 
available to the public such findings and recommendations. 
(4) This section shall not be construed to require the Administrator 
to amend or repeal any rule or order in effect under this Act. 
SEC. 25. STUDIES. 
(a) INDEMNIFICATION STUDY.—^The Administrator shall conduct a 
study of all Federal laws administered by the Administrator for the 
purpose of determining whether and under what conditions, if any, 
indemnification should be accorded any person as a result of any action 
taken by the Administrator under any such law. The study shall— 
(1) include an estimate of the probable cost of any indemnifica-
tion programs which may be recommended; 
(2) include an examination of all viable means of financing the 
cost of any recommended indemnification; and 
(3) be completed and submitted to Congress within two years 
from the effective date of enactment of this Act. 
The General Accounting Office shall review the adequacy of the study 
submitted to Congress pursuant to paragraph (3) and shall report the 
results of its review to the Congress within six months of the date 
such study is submitted to Congress. 
(b) CLASSIFICATION, STORAGE, AND RETRIEVAL STUDY.—The Council 
on Environmental Quality, in consultation with the Administrator, 
the Secretary of Health, Education, and Welfare, the Secretary of 
Commerce, and the heads of other appropriate Federal departments or 
agencies, shall coordinate a study of the feasibility of establishing (1) 
a standard classification system for chemical substances and related 
substances, and (2) a standard means for storing and for obtaining 
rapid access to information respecting such substances. A report on 
such study shall be completed and submitted to Congress not later than 
18 months after the effective date of enactment of this Act. 
SEC. 26. ADMINISTRATION OF THE ACT. 
(a) 
COOPERATION OF FEDERAL AGENCIES.—Upon request by 
the 
Administrator, each Federal department and agency is authorized— 
(1) to make its services, personnel, and facilities available 
(with or without reimbursement) to the Administrator to assist 
the Administrator in the administration of this Act; and 
PUBLIC LAW 94^69—OCT. 11, 1976 
90 STAT. 2047 
(2) to furnish to the Administrator such information, data, 
estimates, and statistics, and to allow the Administrator access to 
all information in its possession as the Administrator may reason-
ably determine to be necessary for the administration of this Act. 
(b) FEES.— (1) The Administrator may, by rule, require the pay-
ment of a reasonable fee from any person required to submit data 
under section 4 or 5 to defray the cost of administering this Act. Such 
rules shall not provide for any fee in excess of $2,500 or, in the case of 
a small business concern, any fee in excess of $100. In setting a fee 
under this paragraph, the Administrator shall take into account the 
ability to pay of the person required to submit the data and the cost 
to the Administrator of reviewing such data. Such rules may provide 
for sharing such a fee in any case in which the expenses of testing are 
shared under section 4 or 5. 
(2) The Administrator, after consultation with the Administrator Consultation, 
of the Small Business Administration, shall by rule prescribe stand- R"l«-
ards for determining the persons which qualify as small business 
concerns for purposes of paragraph (1). 
(c) ACTION W I T H RESPECT TO CATEGORIES.— (1) Any action author-
ized or required to be taken by the Administrator under any provision 
of this Act with respect to a chemical substance or mixture may be 
taken by the Administrator in accordance with that provision with 
respect to a category of chemical substances or mixtures. Whenever 
the Administrator takes action under a provision of this Act with 
respect to a category of chemical substances or mixtures, any reference 
in this Act to a chemical substance or mixture (insofar as it relates 
to such action) shall be deemed to be a reference to each chemical 
substance or mixture in such category. 
(2) For purposes of paragraph (1) : 
Definitions. 
(A) The term "category of chemical substances" means a group 
of chemical substances the members of which are similar in molec-
ular structure, in physical, chemical, or biological properties, in 
use, or in mode of entrance into the human body or into the 
environment, or the members of which are in some other way suit-
able for classification as such for purposes of this Act, except that 
such term does not mean a group of chemical substances which are 
grouped together solely on the basis of their being new chemical 
substances. 
(B) The term "category of mixtures" means a group of mix-
tures the members of which are similar in molecular structure, in 
physical, chemical, or biological properties, in use, or in the mode 
of entrance into the human body or into the environment, or the 
members of which are in some other way suitable for classification 
as such for purposes of this Act. 
(d) ASSISTANCE OFFICE.—The Administrator shall establish in the Establishment. 
Environmental Protection Agency an identifiable office to provide 
technical and other nonfinancial assistance to manufacturers and 
processors of chemical substances and mixtures respecting the require-
ments of this Act applicable to such manufacturers and processors, the 
policy of the Agency respecting the application of such requirements 
to such manufacturers and processors, and the means and methods by 
which such manufacturers and processors may comply with such 
requirements. 
(e) FINANCIAL DISCLOSURES.— (1) Except as provided under para-
graph (3), each officer or employee of the Environmental Protection 
Agency and the Department of Health, Education, and Welfare who— 
(A) performs any function or duty under this Act, and 
90 STAT. 204S 
PUBLIC LAW 94-469—OCT. 11, 1976 
(B) has any known financial interest (i) in any person subject 
to this Act or any rule or order in effect under this Act, or (ii) in 
any person who applies for or receives any grant or contract under 
this Act, 
shall, on February 1,1978, and on February 1 of each year thereafter, 
file with the Administrator or the Secretary of Health, Education, and 
Welfare (hereinafter in this subsection referred to as the "Secre-
tary") , as appropriate, a written statement concerning all such inter-
ests held by such officer or employee during the preceding calendar 
year. Such statement shall be made available to the public. 
(2) The Administrator and the Secretary shall— 
(A) act within 90 days of the effective date of this Act— 
(i) to define the term "known financial interests" for pur-
poses of paragraph (1), and 
(ii) to establish the methods by which the requirement to 
file written statements specified in paragraph (1) will be 
monitored and enforced, including appropriate provisions for 
review by the Administrator and the Secretary of such state-
ments; and 
Report to 
(B) report to the Congress on June 1, 1978, and on June 1 of 
Congress. 
each year thereafter with respect to such statements and the 
actions taken in regard thereto during the preceding calendar 
year. 
(3) The Administrator may by rule identify specific positions with 
the Environmental Protection Agency, and the Secretary may by rule 
identify specific positions with the Department of Health, Education, 
and Welfare, which are of a nonregulatory or nonpolicymaking 
nature, and the Administrator and the Secretary may by rule provide 
that officers or employees occupying such positions shall be exempt 
from the requirements of paragraph (1). 
(4) This subsection does not supersede any requirement of chapter 
11 of title 18, United States Code. 
Penalty. 
(5) Any officer or employee who is subject to, and knowingly vio-
lates, this subsection or any rule issued thereunder, shall be fined not 
more than $2,500 or imprisoned not more than one year, or both. 
(f) 
STATEMENT OF BASIS AND PURPOSE.—Any final order issued 
under this Act shall be accompanied by a statement of its basis and 
purpose. The contents and adequacy of any such statement shall not 
be subject to judicial review in any respect. 
Appointment. 
(g) ASSISTANT ADMINISTRATOR.— (1) The President, by and witli 
the advice and consent of the Senate, shall appoint an Assistant 
Administrator for Toxic Substances of the Environmental Protection 
Agency. Such Assistant Administrator shall be a qualified individual 
who is, by reason of background and experience, especially qualified 
to direct a program concerning the effects of chemicals on human 
health and the environment. Such Assistant Administrator shall be 
responsible for (A) the collection of data, (B) the preparation of 
studies, (C) the making of recommendations to the Administrator for 
regulatory and other actions to carry out the purposes and to facili-
tate the administration of this Act, and (D) such other functions as 
the Administrator may assign or delegate. 
(2) The Assistant Administrator to be appointed under paragraph 
(1) shall (A) be in addition to the Assistant Administrators of the 
Environmental Protection Agency authorized by section 1(d) of Reor-
5 use app. II. 
ganization Plan No. 3 of 1970, and (B) be compensated at the rate of 
pay authorized for such Assistant Administrators. 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2049 
SEC. 27. DEVELOPMENT AND EVALUATION OF TEST METHODS. 
(a) I N GENERAL.—The Secretary of Health, Education, and Welfare, 
in consultation with the Administrator and acting through the Assist-
ant Secretary for Health, may conduct, and make grants to public and 
nonprofit private entities and enter into contracts with public and 
private entities for, projects for the development and evaluation of 
inexpensive and efficient methods (1) for determining and evaluating 
the health and environmental effects of chemical substances and mix-
tures, and their toxicity, persistence, and other characteristics which 
affect health and the environment, and (2) which may be used for the 
development of test data to meet the requirements of rules promulgated 
under section 4. The Administrator shall consider such methods in 
prescribing under section 4 standards for the development of test data. 
(b) APPROVAL BY SECRETARY.—No grant may be made or contract 
entered into under subsection (a) unless an application therefor has 
been submitted to and approved by the Secretary. Such an application 
shall be submitted in such form and manner and contain such informa-
tion as the Secretary may require. The Secretary may apply such 
conditions to grants and contracts under subsection (a) as the Secre-
tary determines are necessary to carry out the purposes of such subsec-
tion. Contracts may be entered into under such subsection without 
regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 
529;41U.S.C. 5). 
(c) ANNUAL REPORTS.—(1) The Secretary shall prepare and sub-
mit to the President and the Congress on or before January 1 of each 
year a report of the number of grants made and contracts entered into 
under this section and the results of such grants and contracts. 
(2) The Secretary shall periodically publish in the Federal Register 
reports describing the progress and results of any contract entered 
into or grant made under this section. 
SEC. 28. STATE PROGRAMS. 
(a) I N GENERAL.—For the purpose of complementing (but not reduc-
ing) the authority of, or actions taken by, the Administrator under 
this Act, the Administrator may make grants to States for the estab-
lishment and operation of programs to prevent or eliminate unreason-
able risks within the States to health or the environment which are asso-
ciated with a chemical substance or mixture and with respect to which 
the Administrator is unable or is not likely to take action under this 
Act for their prevention or elimination. The amount of a grant under 
this subsection shall be determined by the Administrator, except that 
no grant for any State program may exceed 75 per centum of the 
establishment and operation costs (as determined by the Admin-
istrator) of such program during the period for which the grant is 
made. 
(b) APPROVAL BY ADMINISTRATOR.—(1) No grant may be made under 
subsection (a) unless an application therefor is submitted to and 
approved by the Administrator. Such an application shall be sub-
mitted in such form and manner as the Administrator may require and 
shall— 
(A) set forth the need of the applicant for a grant under subsec-
tion (a), 
(B) identify the agency or agencies of the State which shall 
establish or operate, or both, the program for which the applica-
tion is submitted, 
(C) describe the actions proposed to be taken under such pro-
gram, 
Consultation. 
15 u s e 2626. 
Grants or 
contracts, 
application. 
Report to 
President and 
Congress. 
Publication in 
Federal Register. 
15 u s e 2627. 
Grants, 
application. 
90 STAT. 2050 
PUBLIC LAW 94-469—OCT. 11, 1976 
Application, 
approval. 
Report to 
Congress. 
15 use 2628. 
Report to 
President and 
G>ngres8. 
15 u s e 2629. 
(D) contain or be supported by assurances satisfactory to the 
Administrator that such program shall, to the extent feasible, 
be integrated with other programs of the applicant for environ-
mental and public health protection, 
(E) provide for the making of such reports and evaluations 
as the Administrator may require, and 
(F) contain such other information as the Administrator may 
prescribe. 
(2) The Administrator may approve an application submitted in 
accordance with paragraph (1) only if the applicant has established to 
the satisfaction of the Administrator a priority need, as determined 
under rules of the Administrator, for the grant for which the appli-
cation has been submitted. Such rules shall take into consideration the 
seriousness of the health effects in a State which are associated with 
chemical substances or mixtures, including cancer, birth defects, and 
gene mutations, the extent of the exposure in a State of human beings 
and the environment to chemical substances and mixtures, and the 
extent to which chemical substances and mixtures are manufactured, 
processed, used, and disposed of in a State. 
(c) ANNUAL KEPORTS.—Not later than six months after the end of 
each of the fiscal years 1979, 1980, and 1981, the Administrator shall 
submit to the Congress a report respecting the programs assisted by 
grants under subsection (a) in the preceding fiscal year and the extent 
to which the Administrator has disseminated information respecting 
such programs. 
(d) AUTHORIZATION.—For the purpose of making grants under 
subsection (a) there are authorized to be appropriated $1,500,000 for 
the fiscal year ending September 30,1977, $1,500,000 for the fiscal year 
ending September 30, 1978, and $1,500,000 for the fiscal year ending 
September 30, 1979. Sums appropriated under this subsection shall 
remain available until expended. 
SEC. 29. AUTHORIZATION FOR APPROPRIATIONS. 
f 
There are authorized to be appropriated to the Administrator for 
purposes of carrying out this Act (other than sections 27 and 28 and 
subsections (a) and (c) through (g) of section 10 thereof) $10,100,000 
for the fiscal year ending September 30,1977, $12,625,000 for the fiscal 
year ending September 30, 1978, $16,200,000 for the fiscal year ending 
September 30, 1979. No part of the funds appropriated under this 
section may be used to construct any research laboratories. 
SEC. 30. ANNUAL REPORT. 
The Administrator shall prepare and submit to the President and 
the Congress on or before January 1,1978, and on or before January 1 
of each succeeding year a comprehensive report on the administration 
of this Act during the preceding fiscal year. Such report shall include— 
(1) a list of the testing required under section 4 during the year 
for which the report is made and an estimate of the costs incurred 
during such year by the persons required to perform such tests; 
(2) the number of notices received during such year under 
section 5, the number of such notices received during such year 
under such section for chemical substances subject to a section 4 
rule, and a summary of any action taken during such year under 
section 5(g); 
(3) a list of rules issued during such year under section 6; 
(4) a list, with a brief statement of the issues, of completed or 
pending judicial actions under this Act and administrative actions 
under section 16 during such year; 
PUBLIC LAW 94-469—OCT. 11, 1976 
90 STAT. 2051 
(5) a summary of major problems encountered in the adminis-
tration of this Act; and 
(6) such recommendations for additional legislation as the Recommenda-
Administrator deems necessary to carry out the purposes of this *'°"®' 
Act. 
SEC. 31. EFFECTIVE DATE. 
Except as provided in section 4(f), this Act shall take effect on 15 U
S
C 2601 
.Fanuary 1,1977. 
note. 
Approved October 11, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1341 accompanying H.R. 14032 (Comm. on Interstate and 
Foreign Commerce) and No. 94-1679 (Comm. of Conference). 
SENATE REPORTS: No. 94-698 (Comm. on Commerce) and No. 94-1302 (Comm. of 
Conference). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Mar. 26, considered and passed Senate. 
Aug. 23, considered and passed House, amended, in lieu of H.R. 14032. 
Sept. 28, Senate and House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42: 
Oct. 12, Presidential statement.