Toxic Substances Control Act

Summary

Toxic Substances Control Act - Provides that if the Administrator of the Environmental Protection Agency finds that testing of a chemical substance in accordance with a test protocol for such substance is necessary to protect against unreasonable risk to health or the environment, he may by rule require that testing be conducted on such substance to develop data with respect to the health and environmental effects for which there is an insufficiency of data. States that a rule requiring the testing of a chemical substance or mixture must include: (1) identification of the substance or mixture for which testing is required; and (2) standards for the development of test data for such substance. Requires persons intending to manufacture or process the substance to perform the necessary tests. Directs the Administrator upon receipt of the test results to promptly publish in the Federal Register the test data, the intended uses of the substances, and the nature of the tests. Establishes a committee to recommend to the Administrator the chemical substances and mixtures to which the Administrator should give priority consideration for testing. States that the committee shall give priority attention to chemical substances known or suspected of causing or contributing to cancer, gene mutations, and birth defects. Sets forth the membership of the committee. Specifies that upon the receipt of any test data which indicates that a chemical substance or mixture has the potential to induce in human beings cancer, gene mutations, or birth defects, the Administrator shall take action within 180 days to limit human exposure. Requires manufacturers to give 90 day notice to the Administrator of their intent to manufacture a new chemical substance, and to submit data developed in accordance with the requirements of this Act. Directs the Administrator to establish within six months criteria defining a significant new distribution in commerce, use, or disposal of a chemical substance. States that in establishing such criteria, the Administrator shall take into account: (1) the projected volume of production; (2) the projected increase in magnitude and duration of human and environmental exposure; and (3) the human health and environmental effects thereof. Prohibits manufacture or distribution of a chemical substance identified by the Administrator in a rule as a significant new distribution or use unless the manufacturer submits notice of his intention to do so and the data required under this Act. Exempts from this requirement persons who satisfactorily demonstrate that the proposed substance or activity will not cause an unreasonable risk of injury to human health or to the environment. Specifies that substances manufactured or intended to be manufactured only in small quantities solely for scientific experimentation or analysis or for chemical research shall be exempted from the requirements of this Act, unless the Administrator, by rule, specifies otherwise. Authorizes the Administrator, upon a finding that a chemical substance is dangerous or potentially dangerous, to prescribe rules to: (1) prohibit the manufacture or distribution of a substance or limit the amount which may be produced or distributed; (2) prohibit particular use or uses of such a substance; and (3) require an adequate warning with regard to the use or disposal of the substance. Provides the Administrator with criteria for formulating such rules. Permits the Administrator to formulate quality control rules if he has good cause to believe processing or manufacturing permits or causes dangerous adulteration of a chemical substance. Provides that the Administrator shall conduct hearings to determine if quality control rules are necessary. Provides that the Administrator may file an action for temporary or permanent relief in a U.S. district court against an imminently hazardous chemical substance for its seizure or against any person who is a manufacturer, processor, or distributor of such chemical substance. Authorizes the Administrator, by rule, to require reports of all manufacturers and processors of chemical substances where appropriate to ascertain the nature, quantity and uses of substances produced. Prohibits the Administrator from taking action under this Act if any risks to health or environment could be prevented by employing existing Federal law. Permits the Administrator to inspect and examine the records and properties of persons to the extent that such records and properties relate to the manufacture, processing, or distribution in commerce of chemical substances subject to this Act. Provides that this Act shall not apply to any chemical substances which are to be used solely for export from the United States. Provides that the Secretary of the Treasury shall refuse entry into the United States of any chemical substance or article containing such substance offered for entry which fails to conform with rules promulgated under this Act. Provides that all information reported to, or otherwise obtained by, the Administrator or his representative which contains or relates to trade secrets shall be considered confidential. Makes it unlawful to refuse to comply with any provision of this Act or any rule promulgated under the authority of this Act. Provides a $25,000 a day civil penalty for each day of violation. Declares that the Administrator shall waive compliance with this Act upon request of the Secretary of Defense and upon a determination by the President that the requested waiver is necessary in the interest of national defense. Authorizes appropriations for carrying out this Act of $11,100,000 for fiscal year 1976, $2,600,000 for the transitional period, and $10,100,000 for fiscal year 1977. Stipulates that no part of the funds so authorized to be appropriated shall be used to construct any research laboratories. Requires the Administrator to prepare and submit annually to the President and the Congress a comprehensive report on the administration of this Act.

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Documents

3 official files

• Public Law (PDF)

  Public Law · EN · 12 October 1976

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• Conference report filed in Senate

  summary · EN · 24 September 1976

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• Introduced in Senate

  summary · EN · 16 March 1976

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