15 U.S.C. § 2607 — Reporting and retention of information

Page 1872 TITLE 15—COMMERCE AND TRADE § 2607 1 So in original. Probably should be ‘‘Subpoenas’’. zure and condemnation. Proceedings in such an action shall conform as nearly as possible to proceedings in rem in admiralty. (c) Venue and consolidation (1)(A) An action under subsection (a) against a person who manufactures, processes, or distrib- utes a chemical substance or mixture or an arti- cle containing a chemical substance or mixture may be brought in the United States District Court for the District of Columbia or for any ju- dicial 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 re- sides or may be found. An action under sub- section (a) against a chemical substance, mix- ture, or article may be brought in any United States district court within the jurisdiction of which the substance, mixture, or article is found. (B) In determining the judicial district in which an action may be brought under sub- section (a) in instances in which such action may be brought in more than one judicial dis- trict, the Administrator shall take into account the convenience of the parties. (C) Subpeonas 1 requiring attendance of wit- nesses in an action brought under subsection (a) may be served in any judicial district. (2) Whenever proceedings under subsection (a) involving identical chemical substances, mix- tures, or articles are pending in courts in two or more judicial districts, they shall be consoli- dated for trial by order of any such court upon application reasonably made by any party in in- terest, upon notice to all parties in interest. (d) Action under section 2605 Where appropriate, concurrently with the fil- ing of an action under subsection (a) or as soon thereafter as may be practicable, the Adminis- trator shall initiate a proceeding for the pro- mulgation of a rule under section 2605(a) of this title. (e) Representation Notwithstanding any other provision of law, in any action under subsection (a), the Adminis- trator may direct attorneys of the Environ- mental Protection Agency to appear and rep- resent the Administrator in such an action. (f) ‘‘Imminently hazardous chemical substance or mixture’’ defined For the purposes of subsection (a), the term ‘‘imminently hazardous chemical substance or mixture’’ means a chemical substance or mix- ture which presents an imminent and unreason- able risk of serious or widespread injury to health or the environment, without consider- ation of costs or other nonrisk factors. Such a risk to health or the environment shall be con- sidered imminent if it is shown that the manu- facture, processing, distribution in commerce, use, or disposal of the chemical substance or mixture, or that any combination of such activi- ties, is likely to result in such injury to health or the environment before a final rule under sec- tion 2605 of this title can protect against such risk. (Pub. L. 94–469, title I, § 7, Oct. 11, 1976, 90 Stat. 2026; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 102–550, title X, § 1021(b)(1), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, §§ 7, 19(f), June 22, 2016, 130 Stat. 470, 507.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–182, § 19(f)(1), in con- cluding provisions, substituted ‘‘a determination under section 2604 or 2605 of this title, a rule under section 2603, 2604, or 2605 of this title or subchapter IV, an order under section 2603, 2604, or 2605 of this title or sub- chapter IV, or a consent agreement under section 2603 of this title’’ for ‘‘a rule under section 2603 of this title, 2604 of this title, 2605 of this title, or subchapter IV or an order under section 2604 of this title or subchapter IV’’. Subsec. (a)(2). Pub. L. 114–182, § 19(f)(2), substituted ‘‘section 2605(d)(3)(A)(i)’’ for ‘‘section 2605(d)(2)(A)(i)’’. Subsec. (b)(1). Pub. L. 114–182, § 7(1), inserted ‘‘(as identified by the Administrator without consideration of costs or other nonrisk factors)’’ after ‘‘from the un- reasonable risk’’. Subsec. (f). Pub. L. 114–182, § 7(2), inserted ‘‘, without consideration of costs or other nonrisk factors’’ after ‘‘widespread injury to health or the environment’’. 1992—Subsec. (a)(1). Pub. L. 102–550 substituted ‘‘sec- tion 2603 of this title, 2604 of this title, 2605 of this title, or subchapter IV’’ for ‘‘section 2603, 2604, or 2605 of this title’’ in last sentence. Pub. L. 102–550, which directed the insertion of ‘‘or subchapter IV’’ after ‘‘2604’’, was executed by making the insertion after ‘‘2604’’ the second time appearing in last sentence, to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2607. Reporting and retention of information (a) Reports (1) The Administrator shall promulgate rules under which— (A) each person (other than a small manu- facturer or processor) who manufactures or processes or proposes to manufacture or proc- ess a chemical substance (other than a chem- ical substance described in subparagraph (B)(ii)) shall maintain such records, and shall submit to the Administrator such reports, as the Administrator may reasonably require, and (B) each person (other than a small manu- facturer or processor) who manufactures or processes or proposes to manufacture or proc- ess— (i) a mixture, or (ii) a chemical substance in small quan- tities (as defined by the Administrator by rule) solely for purposes of scientific experi- mentation 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 Ad- ministrator reports but only to the extent the Administrator determines the maintenance of Page 1873 TITLE 15—COMMERCE AND TRADE § 2607 1 So in original. records or submission of reports, or both, is necessary for the effective enforcement of this chapter. The Administrator may not require in a rule promulgated under this paragraph the mainte- nance of records or the submission of reports with respect to changes in the proportions of the components of a mixture unless the Adminis- trator finds that the maintenance of such records or the submission of such reports, or both, is necessary for the effective enforcement of this chapter. For purposes of the compilation of the list of chemical substances required under subsection (b), the Administrator shall promul- gate rules pursuant to this subsection not later than 180 days after January 1, 1977. (2) The Administrator may require under para- graph (1) maintenance of records and reporting with respect to the following insofar as known to the person making the report or insofar as reasonably ascertainable: (A) The common or trade name, the chem- ical 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, rea- sonable estimates of the total amount to be manufactured or processed, the amount manu- factured 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 cat- egories of use. (D) A description of the byproducts resulting from the manufacture, processing, use, or dis- posal of each such substance or mixture. (E) All existing information concerning the environmental and health effects of such sub- stance or mixture. (F) The number of individuals exposed, and reasonable estimates of the number who will be exposed, to such substance or mixture in their places of employment and the duration of such exposure. (G) In the initial report under paragraph (1) on such substance or mixture, the manner or method of its disposal, and in any subsequent report on such substance or mixture, any change in such manner or method. (3)(A)(i) The Administrator may by rule re- quire a small manufacturer or processor of a chemical substance to submit to the Adminis- trator such information respecting the chemical substance as the Administrator may require for publication of the first list of chemical sub- stances 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 2603, 2604(b)(4), or 2605 of this title,,1 an order in effect under section 2603 or 2604(e) of this title, or a consent agreement under section 2603 of this title, or (II) with respect to which relief has been granted pursuant to a civil action brought under section 2604 or 2606 of this title, to maintain such records on such substance or mixture, and to submit to the Administrator such reports on such substance or mixture, as the Administrator may reasonably require. A rule under this clause requiring reporting may require reporting with respect to the matters re- ferred to in paragraph (2). (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). (C) Not later than 180 days after June 22, 2016, and not less frequently than once every 10 years thereafter, the Administrator, after consulta- tion with the Administrator of the Small Busi- ness Administration, shall— (i) review the adequacy of the standards pre- scribed under subparagraph (B); and (ii) after providing public notice and an op- portunity for comment, make a determination as to whether revision of the standards is war- ranted. (4) CONTENTS.—The rules promulgated pursu- ant to paragraph (1)— (A) may impose differing reporting and rec- ordkeeping requirements on manufacturers and processors; and (B) shall include the level of detail necessary to be reported, including the manner by which use and exposure information may be re- ported. (5) ADMINISTRATION.—In carrying out this sec- tion, the Administrator shall, to the extent fea- sible— (A) not require reporting which is unneces- sary or duplicative; (B) minimize the cost of compliance with this section and the rules issued thereunder on small manufacturers and processors; and (C) apply any reporting obligations to those persons likely to have information relevant to the effective implementation of this sub- chapter. (6) NEGOTIATED RULEMAKING.—(A) The Admin- istrator shall enter into a negotiated rule- making pursuant to subchapter III of chapter 5 of title 5 to develop and publish, not later than 3 years after June 22, 2016, a proposed rule pro- viding for limiting the reporting requirements, under this subsection, for manufacturers of any inorganic byproducts, when such byproducts, whether by the byproduct manufacturer or by any other person, are subsequently recycled, re- used, or reprocessed. (B) Not later than 3 and one-half years after June 22, 2016, the Administrator shall publish a final rule resulting from such negotiated rule- making. (7) PFAS DATA.—Not later than January 1, 2023, the Administrator shall promulgate a rule in accordance with this subsection requiring each person who has manufactured a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance in any year since Jan- uary 1, 2011, to submit to the Administrator a report that includes, for each year since Janu- ary 1, 2011, the information described in subpara- graphs (A) through (G) of paragraph (2). Page 1874 TITLE 15—COMMERCE AND TRADE § 2607 (b) Inventory (1) The Administrator shall compile, keep cur- rent, and publish a list of each chemical sub- stance which is manufactured or processed in the United States. Such list shall at least in- clude each chemical substance which any person reports, under section 2604 of this title or sub- section (a) of this section, is manufactured or processed in the United States. Such list may not include any chemical substance which was not manufactured or processed in the United States within three years before the effective date of the rules promulgated pursuant to the last sentence of subsection (a)(1). In the case of a chemical substance for which a notice is sub- mitted in accordance with section 2604 of this title, such chemical substance shall be included in such list as of the earliest date (as deter- mined by the Administrator) on which such sub- stance was manufactured or processed in the United States. The Administrator shall first publish such a list not later than 315 days after January 1, 1977. The Administrator shall not in- clude 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 experimen- tation or analysis or chemical research on, or analysis of, such substance or another sub- stance, including such research or analysis for the development of a product. (2) To the extent consistent with the purposes of this chapter, the Administrator may, in lieu of listing, pursuant to paragraph (1), a chemical substance individually, list a category of chem- ical substances in which such substance is in- cluded. (3) NOMENCLATURE.— (A) IN GENERAL.—In carrying out paragraph (1), the Administrator shall— (i) maintain the use of Class 2 nomen- clature in use on June 22, 2016; (ii) maintain the use of the Soap and De- tergent Association Nomenclature System, published in March 1978 by the Adminis- trator in section 1 of addendum III of the document entitled ‘‘Candidate List of Chem- ical Substances’’, and further described in the appendix A of volume I of the 1985 edi- tion of the Toxic Substances Control Act Substances Inventory (EPA Document No. EPA–560/7–85–002a); and (iii) treat the individual members of the categories of chemical substances identified by the Administrator as statutory mixtures, as defined in Inventory descriptions estab- lished by the Administrator, as being in- cluded on the list established under para- graph (1). (B) MULTIPLE NOMENCLATURE LISTINGS.—If a manufacturer or processor demonstrates to the Administrator that a chemical substance appears multiple times on the list published under paragraph (1) under different CAS num- bers, the Administrator may recognize the multiple listings as a single chemical sub- stance. (4) CHEMICAL SUBSTANCES IN COMMERCE.— (A) RULES.— (i) IN GENERAL.—Not later than 1 year after June 22, 2016, the Administrator, by rule, shall require manufacturers, and may re- quire processors, subject to the limitations under subsection (a)(5)(A), to notify the Ad- ministrator, by not later than 180 days after the date on which the final rule is published in the Federal Register, of each chemical substance on the list published under para- graph (1) that the manufacturer or proc- essor, as applicable, has manufactured or processed for a nonexempt commercial pur- pose during the 10-year period ending on the day before June 22, 2016. (ii) ACTIVE SUBSTANCES.—The Adminis- trator shall designate chemical substances for which notices are received under clause (i) to be active substances on the list pub- lished under paragraph (1). (iii) INACTIVE SUBSTANCES.—The Adminis- trator shall designate chemical substances for which no notices are received under clause (i) to be inactive substances on the list published under paragraph (1). (iv) LIMITATION.—No chemical substance on the list published under paragraph (1) shall be removed from such list by reason of the implementation of this subparagraph, or be subject to section 2604(a)(1)(A)(i) of this title by reason of a change to active status under paragraph (5)(B). (B) CONFIDENTIAL CHEMICAL SUBSTANCES.—In promulgating a rule under subparagraph (A), the Administrator shall— (i) maintain the list under paragraph (1), which shall include a confidential portion and a nonconfidential portion consistent with this section and section 2613 of this title; (ii) require any manufacturer or processor of a chemical substance on the confidential portion of the list published under paragraph (1) that seeks to maintain an existing claim for protection against disclosure of the spe- cific chemical identity of the chemical sub- stance as confidential pursuant to section 2613 of this title to submit a notice under subparagraph (A) that includes such request; (iii) require the substantiation of those claims pursuant to section 2613 of this title and in accordance with the review plan de- scribed in subparagraph (C); and (iv) move any active chemical substance for which no request was received to main- tain an existing claim for protection against disclosure of the specific chemical identity of the chemical substance as confidential from the confidential portion of the list pub- lished under paragraph (1) to the noncon- fidential portion of that list. (C) REVIEW PLAN.—Not later than 1 year after the date on which the Administrator compiles the initial list of active substances pursuant to subparagraph (A), the Adminis- trator shall promulgate a rule that establishes a plan to review all claims to protect the spe- cific chemical identities of chemical sub- stances on the confidential portion of the list published under paragraph (1) that are as- serted pursuant to subparagraph (B). (D) REQUIREMENTS OF REVIEW PLAN.—In es- tablishing the review plan under subparagraph (C), the Administrator shall— Page 1875 TITLE 15—COMMERCE AND TRADE § 2607 (i) require, at a time specified by the Ad- ministrator, all manufacturers or processors asserting claims under subparagraph (B) to substantiate the claim, in accordance with section 2613 of this title, unless the manufac- turer or processor has substantiated the claim in a submission made to the Adminis- trator during the 5-year period ending on the last day of the of the time period specified by the Administrator; and (ii) in accordance with section 2613 of this title— (I) review each substantiation— (aa) submitted pursuant to clause (i) to determine if the claim qualifies for pro- tection from disclosure; and (bb) submitted previously by a manu- facturer or processor and relied on in lieu of the substantiation required pur- suant to clause (i), if the substantiation has not been previously reviewed by the Administrator, to determine if the claim warrants protection from disclosure; (II) approve, approve in part and deny in part, or deny each claim; and (III) except as provided in this section and section 2613 of this title, protect from disclosure information for which the Ad- ministrator approves such a claim for a pe- riod of 10 years, unless, prior to the expira- tion of the period— (aa) the person notifies the Adminis- trator that the person is withdrawing the claim, in which case the Adminis- trator shall not protect the information from disclosure; or (bb) the Administrator otherwise be- comes aware that the information does not qualify for protection from disclo- sure, in which case the Administrator shall take the actions described in sec- tion 2613(g)(2) of this title. (E) TIMELINE FOR COMPLETION OF REVIEWS.— (i) IN GENERAL.—The Administrator shall implement the review plan so as to complete reviews of all claims specified in subpara- graph (C) not later than 5 years after the date on which the Administrator compiles the initial list of active substances pursuant to subparagraph (A). (ii) CONSIDERATIONS.— (I) IN GENERAL.—The Administrator may extend the deadline for completion of the reviews for not more than 2 additional years, after an adequate public justifica- tion, if the Administrator determines that the extension is necessary based on the number of claims needing review and the available resources. (II) ANNUAL REVIEW GOAL AND RESULTS.— At the beginning of each year, the Admin- istrator shall publish an annual goal for reviews and the number of reviews com- pleted in the prior year. (5) ACTIVE AND INACTIVE SUBSTANCES.— (A) IN GENERAL.—The Administrator shall keep designations of active substances and in- active substances on the list published under paragraph (1) current. (B) CHANGE TO ACTIVE STATUS.— (i) IN GENERAL.—Any person that intends to manufacture or process for a nonexempt commercial purpose a chemical substance that is designated as an inactive substance shall notify the Administrator before the date on which the inactive substance is man- ufactured or processed. (ii) CONFIDENTIAL CHEMICAL IDENTITY.—If a person submitting a notice under clause (i) for an inactive substance on the confidential portion of the list published under paragraph (1) seeks to maintain an existing claim for protection against disclosure of the specific chemical identity of the inactive substance as confidential, the person shall, consistent with the requirements of section 2613 of this title— (I) in the notice submitted under clause (i), assert the claim; and (II) by not later than 30 days after pro- viding the notice under clause (i), substan- tiate the claim. (iii) ACTIVE STATUS.—On receiving a notifi- cation under clause (i), the Administrator shall— (I) designate the applicable chemical substance as an active substance; (II) pursuant to section 2613 of this title, promptly review any claim and associated substantiation submitted pursuant to clause (ii) for protection against disclosure of the specific chemical identity of the chemical substance and approve, approve in part and deny in part, or deny the claim; (III) except as provided in this section and section 2613 of this title, protect from disclosure the specific chemical identity of the chemical substance for which the Ad- ministrator approves a claim under sub- clause (II) for a period of 10 years, unless, prior to the expiration of the period— (aa) the person notifies the Adminis- trator that the person is withdrawing the claim, in which case the Adminis- trator shall not protect the information from disclosure; or (bb) the Administrator otherwise be- comes aware that the information does not qualify for protection from disclo- sure, in which case the Administrator shall take the actions described in sec- tion 2613(g)(2) of this title; and (IV) pursuant to section 2605(b) of this title, review the priority of the chemical substance as the Administrator determines to be necessary. (C) CATEGORY STATUS.—The list of inactive substances shall not be considered to be a cat- egory for purposes of section 2625(c) of this title. (6) INTERIM LIST OF ACTIVE SUBSTANCES.—Prior to the promulgation of the rule required under paragraph (4)(A), the Administrator shall des- ignate the chemical substances reported under part 711 of title 40, Code of Federal Regulations (as in effect on June 22, 2016), during the report- ing period that most closely preceded June 22, 2016, as the interim list of active substances for the purposes of section 2605(b) of this title. Page 1876 TITLE 15—COMMERCE AND TRADE § 2607 (7) PUBLIC INFORMATION.—Subject to this sub- section and section 2613 of this title, the Admin- istrator shall make available to the public— (A) each specific chemical identity on the nonconfidential portion of the list published under paragraph (1) along with the Adminis- trator’s designation of the chemical substance as an active or inactive substance; (B) the unique identifier assigned under sec- tion 2613 of this title, accession number, ge- neric name, and, if applicable, premanufacture notice case number for each chemical sub- stance on the confidential portion of the list published under paragraph (1) for which a claim of confidentiality was received; and (C) the specific chemical identity of any ac- tive substance for which— (i) a claim for protection against disclo- sure of the specific chemical identity of the active substance was not asserted, as re- quired under this subsection or section 2613 of this title; (ii) all claims for protection against dis- closure of the specific chemical identity of the active substance have been denied by the Administrator; or (iii) the time period for protection against disclosure of the specific chemical identity of the active substance has expired. (8) LIMITATION.—No person may assert a new claim under this subsection or section 2613 of this title for protection from disclosure of a spe- cific chemical identity of any active or inactive substance for which a notice is received under paragraph (4)(A)(i) or (5)(B)(i) that is not on the confidential portion of the list published under paragraph (1). (9) CERTIFICATION.—Under the rules promul- gated under this subsection, manufacturers and processors, as applicable, shall be required— (A) to certify that each notice or substan- tiation the manufacturer or processor submits complies with the requirements of the rule, and that any confidentiality claims are true and correct; and (B) to retain a record documenting compli- ance with the rule and supporting confiden- tiality claims for a period of 5 years beginning on the last day of the submission period. (10) MERCURY.— (A) DEFINITION OF MERCURY.—In this para- graph, notwithstanding section 2602(2)(B) of this title, the term ‘‘mercury’’ means— (i) elemental mercury; and (ii) a mercury compound. (B) PUBLICATION.—Not later than April 1, 2017, and every 3 years thereafter, the Admin- istrator shall carry out and publish in the Fed- eral Register an inventory of mercury supply, use, and trade in the United States. (C) PROCESS.—In carrying out the inventory under subparagraph (B), the Administrator shall— (i) identify any manufacturing processes or products that intentionally add mercury; and (ii) recommend actions, including proposed revisions of Federal law or regulations, to achieve further reductions in mercury use. (D) REPORTING.— (i) IN GENERAL.—To assist in the prepara- tion of the inventory under subparagraph (B), any person who manufactures mercury or mercury-added products or otherwise in- tentionally uses mercury in a manufac- turing process shall make periodic reports to the Administrator, at such time and includ- ing such information as the Administrator shall determine by rule promulgated not later than 2 years after June 22, 2016. (ii) COORDINATION.—To avoid duplication, the Administrator shall coordinate the re- porting under this subparagraph with the Interstate Mercury Education and Reduction Clearinghouse. (iii) EXEMPTION.—Clause (i) shall not apply to a person engaged in the generation, han- dling, or management of mercury-containing waste, unless that person manufactures or recovers mercury in the management of that waste. (c) Records Any person who manufactures, processes, or distributes in commerce any chemical substance or mixture shall maintain records of significant adverse reactions to health or the environment, as determined by the Administrator by rule, al- leged 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 pe- riod of five years from the date the information contained in the record was first reported to or known by the person maintaining the record. Records required to be maintained under this subsection shall include records of consumer al- legations of personal injury or harm to health, reports of occupational disease or injury, and re- ports or complaints of injury to the environ- ment submitted to the manufacturer, processor, or distributor in commerce from any source. Upon request of any duly designated representa- tive of the Administrator, each person who is re- quired to maintain records under this subsection shall permit the inspection of such records and shall submit copies of such records. (d) Health and safety studies The Administrator shall promulgate rules under which the Administrator shall require any person who manufactures, processes, or distrib- utes in commerce or who proposes to manufac- ture, 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) con- ducted or initiated by or for such person with respect to such substance or mixture at any time, (B) known to such person, or (C) reason- ably ascertainable by such person, except that the Administrator may exclude certain types or categories of studies from the requirements of this subsection if the Administrator finds that submission of lists of such studies are un- necessary to carry out the purposes of this chapter; and Page 1877 TITLE 15—COMMERCE AND TRADE § 2608 (2) copies of any study contained on a list submitted pursuant to paragraph (1) or other- wise 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 rea- sonably supports the conclusion that such sub- stance or mixture presents a substantial risk of injury to health or the environment shall imme- diately inform the Administrator of such infor- mation unless such person has actual knowledge that the Administrator has been adequately in- formed of such information. (f) ‘‘Manufacture’’ and ‘‘process’’ defined For purposes of this section, the terms ‘‘manu- facture’’ and ‘‘process’’ mean manufacture or process for commercial purposes. (Pub. L. 94–469, title I, § 8, Oct. 11, 1976, 90 Stat. 2027; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, §§ 8, 19(g), June 22, 2016, 130 Stat. 470, 507; Pub. L. 116–92, div. F, title LXXIII, § 7351, Dec. 20, 2019, 133 Stat. 2289.) Editorial Notes AMENDMENTS 2019—Subsec. (a)(7). Pub. L. 116–92 added par. (7). 2016—Subsec. (a)(2). Pub. L. 114–182, § 8(a)(1)(A), struck out concluding provisions which read as follows: ‘‘To the extent feasible, the Administrator shall not require under paragraph (1), any reporting which is unneces- sary or duplicative.’’ Subsec. (a)(2)(E). Pub. L. 114–182, § 19(g)(1), substituted ‘‘information’’ for ‘‘data’’. Subsec. (a)(3)(A)(ii)(I). Pub. L. 114–182, § 19(g)(2), sub- stituted ‘‘, an order in effect under section 2603 or 2604(e) of this title, or a consent agreement under sec- tion 2603 of this title’’ for ‘‘or an order in effect under section 2604(e) of this title’’. Subsec. (a)(3)(C). Pub. L. 114–182, § 8(a)(1)(B), added subpar. (C). Subsec. (a)(4) to (6). Pub. L. 114–182, § 8(a)(1)(C), added pars. (4) to (6). Subsec. (b)(3) to (9). Pub. L. 114–182, § 8(a)(2), added pars. (3) to (9). Subsec. (b)(10). Pub. L. 114–182, § 8(b), added par. (10). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. ASBESTOS INFORMATION Pub. L. 100–577, Oct. 31, 1988, 102 Stat. 2901, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Asbestos Information Act of 1988’. ‘‘SEC. 2. SUBMISSION OF INFORMATION BY MANU- FACTURERS. ‘‘Within 90 days after the date of the enactment of this Act [Oct. 31, 1988], any person who manufactured or processed, before the date of the enactment of this Act, asbestos or asbestos-containing material that was pre- pared for sale for use as surfacing material, thermal system insulation, or miscellaneous material in build- ings (or whose corporate predecessor manufactured or processed such asbestos or material) shall submit to the Administrator of the Environmental Protection Agency the years of manufacture, the types or classes of product, and, to the extent available, other identi- fying characteristics reasonably necessary to identify or distinguish the asbestos or asbestos-containing ma- terial. Such person also may submit to the Adminis- trator protocols for samples of asbestos and asbestos- containing material. ‘‘SEC. 3. PUBLICATION OF INFORMATION. ‘‘Within 30 days after the date of the enactment of this Act [Oct. 31, 1988], the Administrator shall publish a notice in the Federal Register that explains how, when, and where the information specified in section 2 is to be submitted. The Administrator shall receive and organize the information submitted under section 2 and, within 180 days after the date of the enactment of this Act, shall publish the information. In carrying out this section, the Administrator may not— ‘‘(1) review the information submitted under sec- tion 2 for accuracy, or ‘‘(2) analyze such information to determine whether it is reasonably necessary to identify or distinguish the particular asbestos or asbestos-containing mate- rial. ‘‘SEC. 4. DEFINITIONS. ‘‘In this Act: ‘‘(1) The term ‘asbestos’ means— ‘‘(A) chrysotile, amosite, or crocidolite, or ‘‘(B) in fibrous form, tremolite, anthophyllite, or actinolite. ‘‘(2) The term ‘asbestos-containing material’ means any material containing more than one percent as- bestos by weight. ‘‘(3) The term ‘identifying characteristics’ means a description of asbestos or asbestos-containing mate- rial, including— ‘‘(A) the mineral or chemical constituents (or both) of the asbestos or material by weight or vol- ume (or both), ‘‘(B) the types or classes of the product in which the asbestos or material is contained, ‘‘(C) the designs, patterns, or textures of the prod- uct in which the asbestos or material is contained, and ‘‘(D) the means by which the product in which the asbestos or material is contained may be distin- guishable from other products containing asbestos or asbestos-containing material. ‘‘(4) The term ‘miscellaneous material’ means building material on structural components, struc- tural members, or fixtures, such as floor and ceiling tiles. The term does not include surfacing material or thermal system insulation. ‘‘(5) The term ‘protocol’ means any procedure for taking, handling, and preserving samples of asbestos and asbestos-containing material and for testing and analyzing such samples for the purpose of deter- mining the person who manufactured or processed for sale such samples and the identifying characteristics of such samples. ‘‘(6) The term ‘surfacing material’ means material in a building that is sprayed on surfaces, troweled on surfaces, or otherwise applied to surfaces for acous- tical, fireproofing, or other purposes, such as acous- tical plaster on ceilings and fireproofing material on structural members. ‘‘(7) The term ‘thermal system insulation’ means material in a building applied to pipes, fittings, boil- ers, breeching, tanks, ducts, or other structural com- ponents to prevent heat loss or gain or water con- densation, or for other purposes.’’ § 2608. Relationship to other Federal laws (a) Laws not administered by the Administrator (1) If the Administrator determines that the manufacture, processing, distribution in com- merce, use, or disposal of a chemical substance or mixture, or that any combination of such ac-