xvEPA
            United States
            Environmental Protection
            Agency
            Office of
            Toxic Substances
            Washington DC 20460
December 1978
EPA- 560/3-78-001
           Toxic Substances
Chemical Reporting and
Record-Keeping Authorities
under 15 Environmental and
Consumer Acts
            TSCA
            RCRA
            FIFRA
            CAA
            FWPCA
            SDWA
            FD&CA
            OSHA
            FMS&HA
            CPSA
            FHSA
            FFA
            PPPA
            HMTA
            RSA

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 3/5/2
697124 NTIS Accession Number: PB-291 685/6
  Chemical Reporting and Record-Keeping Authorities Under 15 Environmental
and Consumer Acts
  Wilhelm. Steven L.
  Environmental  Protection  Agency, Washington, DC.  Office of Toxic
Substances.
  Report No.: EPA/560/3-78/001
  15 Dec 78 266p
  Languages: English
  Journal Announcement: GRAI7910
  NTIS Prices: PC A12/MF A01
  This  report  is  an indexed compendium  of  authorities to gather and
disseminate information  which occur in the listed acts. It contains a
subject index  to facilitate  searching these acts for specific types of
autorities. It also contains  an abridged text of the acts, edited for
clarity and brevity.
  Descriptors:  'Legislation;  'Data acquisition;  'Reporting; Chemistry;
Records   management;  Catalogs;  Hazardous  materials;  Requirements;
Information retrieval; Environments; Consumers
  Identifiers: NTISEPAOTS
  Section  Headings: SB (Behavioral and Social Sciences-Documentation and
Information Technology); 88A* (Library and Information Sciences-Operations
and Planning); 68GE (Environmental Pollution and Control-General)
?logoAZ

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    CHEMICAL REPORTING AND RECORD-KEEPING
     AUTHORITIES UNDER 15 ENVIRONMENTAL
              AND CONSUMER ACTS
                Prepared by
        Chemical Information Divisibn
Office of Program Integration and Information
         Office of Toxic Substances
      Environmental Protection Agency
             December 15, 1978

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      UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     WASHINGTON, D.C. 20460
                                        OFFICE OF TOXIC SUBSTANCES
                          FOREWORD

     Effective integration of Federal information-gathering
efforts requires that staff and responsible program officers
be aware of the activities of other Federal agencies.
Because there was no available source describing the statutory
authorities under which various agencies gather data, the
Office of Program Integration and Information has developed
this compendium which abstracts information-gathering
authorities under 15 environmental and consumer acts.
Initially it was intended to be an internal reference
document for use by the staff of the Office of Toxic Substances
However, during the course of wide interagency review several
other programs expressed an interest in having a copy of the
final compendium.  Accordingly, we have arranged for its
publication as an EPA report.

     This compendium was developed to:

     1.   determine what record-keeping and reporting
          authorities exist among various Federal statutes;

     2.   aid in avoiding duplicative record-keeping and
          reporting requirements; and

     3.   ensure that the most efficient and effective
          authority is used to obtain the desired information.

     In this final form, the compendium includes an intro-
duction explaining the rationale, organization, and use of
the document; an annotated index; and an edited version of
the texts of the acts.  It was designed to allow the user to
rapidly and conveniently survey these fifteen acts for
various types of information-gathering authorities.
                              Marilyn C. Bracken, Ph.D.
                              Deputy Assistant Administrator
                                for Program Integration  and
                                  Information

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           Toxic Substances Control Act




      Resource Conservation and Recovery Act




Federal Insecticide, Fungicide and Rodenticide Act




                  Clean Air Act




       Federal Water Pollution Control Act




             Safe Drinking Water Act




        Federal Food, Drug and Cosmetic Act




        Occupational Safety and Health Act




        Federal Mine Safety and Health Act




           Consumer Product Safety Act




         Federal Hazardous Substances Act




              Flammable.Fabrics Act




         Poison Prevention Packaging Act




      Hazardous Materials Transportation Act




        Federal Railroad Safety Act of 1970

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                             INTRODUCTION
     The Office of Program Integration and Information, of the
Office of Toxic Substances, Environmental Protection Agency, has
primary responsibility for coordinating the reporting and record-
keeping activities under the Toxic Substances Control Act (TSCA)
with those undertaken under other authorities.  Section 10 requires
development of systems to facilitate exchange and dissemination of
toxic substances information gathered by Federal agencies.  Subsection
9(d) charges the Administrator with "achieving the maximum enforce-
ment of this Act while imposing the least burdens of duplicative
requirements", and subsection 8(a) reads in part, "To the extent
feasible, the Administrator shall not require under paragraph (1),
any reporting which is unnecessary or duplicative".  Currently the
Office of Program Integration and Information is involved in numerous
interagency efforts to coordinate TSCA information-gathering with
other Federal programs.  This compendium was developed to serve as
a quick reference to the types of reporting and record-keeping
authorities contained in pertinent Federal, environmental and
consumer legislation.

     Two caveats are in order.  First, the language of these acts
has been freely edited in the interest of brevity and clarity.  Very
little of the text has been left unchanged from the original
legislative language.  For this reason, recourse to a true and
complete copy of the act is recommended in all instances.

     Secondly, much of the statutory language has been omitted
entirely.  In most cases, much of an act was not relevant to
information-gathering in general or was not relevant to toxic
or hazardous substances in particular.  For example, the sections
of the Federal Food, Drug and Cosmetics Act relevant to "devices"
were omitted (because a device would rarely, if ever, be toxic
in nature) as were the sections of the Clean Air Act dealing with
automobile emission systems.*  This compendium is not a general
index to these acts, but is, rather, restricted specifically to
record-keeping and reporting authorities.   Other types of  classes
are included only where it is necessary to understand  the means
by which the agency informs itself on matters related  to  toxic
substances.  In all cases the standard by which a provision was
included can be summarized as follows:

     (A)  (1)  Will the agency possibly obtain significant  infor-
     mation through the operation of the provision? and
*   Most significantly, the compendium does not  contain as  a
general class, regulatory authorities.  Therefore,  enforcement
provisions, civil penalty provisions, court injunction provisions
to restrain violations, and authorities to ban or regulate
production or use are generally not  included.

                                  (i)

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           (2)  Will the information be relevant to understanding
      the hazards, occurrence, or dispersal of a toxic substance
      in the environment? ฃr_

      (B)  Is the provision necessary or helpful to understanding
      other provisions which serve the purposes described in (A)
      above?

 Immediately following this introduction we have included brief
 descriptions of each of the classes of authorities which should
 help to make the inclusions and omissions clear.

      Whenever a substantial part of a section of  an act was omitted,
 a single three point ellipsis was used to indicate the omission.
 When an entire section or more was omitted, an ellipsis of three
 asterisks centered on the page was used.  However, these conventions
 do not apply to simple editing of the text which was usually done
 without the use of ellipses.

      There are four aids to facilitate use of this compendium.
 The first, labeled Classes of Information-gathering Provisions,
 enumerates and then describes individually the seventeen classes
 of provisions (e.g., Subpoena authorities, Requirements to post
 warnings or affix labels,  Requirements to conduct tests) that
 were culled from the acts.  The second, labeled Authorities by
 Class,  indicates, in chart form, the number of provisions in each
 act that are assigned to each class.  This chart  may be consulted
 to determine whether an act contains any provisions in a particular
 class.   The next section,  labeled Index to Statutes,  lists and
 annotates by class,  and within class by statute,  the relevant statutory
 citations.   Using this index, the user may easily scan all the acts
 for a particular class of  provisions, or scan a particular act for
 all classes of provisions  contained therein.   Finally, in the texts
 of the  acts,  roman numerals appear in the left margin to indicate
 the precise location of each provision listed in  the Index to
 Statutes.   These roman numerals correspond to the seventeen classes
 listed  in the section labeled Classes of Information-gathering
 Provisions.

      When it  was possible,  an entire section or subsection was  assigned
 to a class,  and a roman numeral appears in the left margin next to
 the section number or subsection letter.  That roman numeral does
 not occur again within that section unless used to highlight a
 particularly  important passage.   In these cases,  the user will  have
 to scan the entire section to find all the language relevant to the
 indicated  class.   This is  particularly important  in understanding
 the assignments  made for the  Federal Water Pollution Control Act
 (FWPCA).   Section 104 of FWPCA,  for example,  assigns  the Administrator
 seventeen major  research projects  and contains nine references  to
 cooperation with other entities  in carrying out the asssigned
 research.  Accordingly,  the entire section is assigned to classes
 II  and  III.  However,  the  research projects are not individually
 assigned to classes  II and  III,  and,  therefore, do not appear separately
 in  the  chart labeled  Authorities by_ Class or  the  annotated index
mentioned above.

                               (ii)

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     Whenever necessary for clarity, a unit smaller than a
subsection was assigned to a class. In these cases a roman
numeral appears in the margin at the appropriate line in the
text and the provision appears separately in the chart and
the annotated index.  The provisions are not assigned to
sub-classes (e.g., VIII b or XII d) because annotation of
the Index to Statutes better serves this purpose.

     With the exception of the last two, all of the seventeen
classes of information-gathering provisions are directly related
to information development or dissemination.  The exceptions
are Category XVI, Relevant Definitions, and Category XVII,
Other Relevant or Precedent Clauses, which includes other sections
necessary for understanding the purposes or procedures of the
respective acts.
                           j
     It was necessary at several points, to include explanatory
material not contained in an act. For example, other sections
are often referred to in the text of an act, but usually
only the section number is provided.  Where it is helpful to
the reader to know what the referenced section deals with we have
included its title or a short descriptive phrase.  Such editorial
inclusions or other substantially editorial passages are enclosed
in square brackets to identify them as such.
                               (iii)

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             CLASSES OF  INFORMATION-GATHERING AUTHORITIES


INFORMATION DEVELOPMENT

I.        Requirements to conduct  tests

II.       Obligations and discretionary authorities of Federal
          agencies  to develop  information/guidelines/standards/criteria

III.      Obligations and discretionary authorities of Federal
          agencies  to cooperate with other entities in developing
          information or for other purposes

IV.       Required  or discretionary review by an advisory committee
          or public hearing

V.        Requirements to monitor:

               a)   compliance or  quality
               b)   exposure levels
               c)   health effects


RECORD-KEEPING

VI.       Requirements established by rule to maintain records on:

               a)   operations and outputs
               b)   exposure levels
               c)   adverse health and environmental effects
               d)   administrative procedures

VII.      General and unspecified  record-keeping or reporting authorities
          to be exercised "as  necessary for  the effective enforcement
          of the Act"
INFORMATION-GATHERING

VIII.     Authorities or  requirements  to  inspect:

               a)   records
               b)   premises

IX.  Subpoena authorities

X.   Provisions to submit applications/petitions/certifications
     or to obtain permits/registrations/exemptions/waivers
                                 (iv)

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XI.       Requirements to give notice or certification

XII.      Requirements established by rule to submit reports:

               a)   on operations and outputs
               b)   on exposure levels
               c)   on adverse health and environmental effects
               d)   on required studies
               e)   as part of an application/petition/certification

XIII.     Specific or general authorities to require submission of
          records and reports in response to directed inquiries
          (e.g., letters) without requiring either rules or subpoenas

Also see VII above


INFORMATION DISSEMINATION

XIV.      Public availability of information and confidentiality
          provisions

XV.       Requirements to post warnings or affix labels

Also see X above


OTHER

XVI.      Relevant definitions

XVII.     Other related or precedent clauses
                              (v)

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                       DESCRIPTIONS OF THE CLASSES
 I.    Requirements to conduct tests

      Most entries in this class are provisions  authorizing  requirements
 to  conduct tests on chemical substances for safety,  efficacy or
 environmental effects.   Many such requirements  occur in conjunction
 with other activities,  as,  for example, in FD&CA subsection 505(b)
 which requires the results  of certain tests to  be submitted with  any
 new drug application.   Authorities to require medical examination
 programs to detect adverse  reactions are included under class V(c),
 Requirements to monitor;  health effects.  Requirements to test effluent
 discharges, ambient levels, and product or process compliance and/or
 quality are all collected under class V, Requirements to monitor.
 II.   Obligations and discretionary authorities  of  Federal
      agencies to develop information/guidelines/standards/
      criteria

      Several of the acts,  FWPCA being a prime example,  require  the
 agency to  expend considerable resources developing certain  infor-
 mation necessary to implementation of the act.   Some of these
 requirements are straightforward research assignments for the agency,
 while others occur indirectly as an adjunct to  another  activity
 (e.g., the need to develop considerable new knowledge in establishing
 effluent guidelines under  FWPCA.)   These research  assignments
 represent  an extensive source of information on chemicals and
 their occurrence in the market or environment.   Accordingly,  these
 have  been  collected in class II.
 III. Obligations  and  discretionary authorities  of  federal agencies
     to  cooperate with other  entities  in developing  information
     or  for  other purposes

     With  the  exception of  the  Railroad  Safety  Act,  each of  the
 fifteen  acts contains at least  one requirement  for the lead  agency
 to cooperate with another specified agency or a general authority
.for discretionary cooperation with other agencies.   The majority
 of such  provisions  (which do  appear in the compendium) deal  with
 interagency  cooperation for the purpose  of developing information,
 guidelines,  standards or criteria.   However, some  provisions
 requiring  or authorizing interagency cooperation are not relevant
 to information development, or  are not relevant to toxic substances,
 and are  therefore not included.
IV.  Required or discretionary  review by  an advisory committee or
     public hearing

     Several of the acts provide  for  review of  technical  problems
by advisory committees, often at  critical points  in a decision

                              (vi)

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process.   Because chese committees frequently may represent
significant avenues of input and analysis,  the relevant statutory
provisions are collected here.   In addition,  some of the acts provide
for a similar use of public meetings and regional conferences.  Such
public input mechanisms which inform the agency or aid the agency in
setting policy are also included.  However, public hearings which occur
as a matter of course in rule-making or in response to a public petition
are often not included, as substantial technical input is less likely to
come from such gatherings. In all cases where the agency may subpoena
attendance, testimony, books or papers to the hearing, the provisions
for the hearing are included.
V.   Requirements to monitor:

     a)   compliance or quality
     b)   exposure levels
     c)   health effects

     The provisions in this class include monitoring by owners and
operators as well as by states or federal agencies.   These authorities
can be differentiated into two classes:  (1) authority to require
specific types of monitoring or monitoring in connection with other
specific requirements such as permits, and (2) general authority to
require monitoring.  There is also one.act (CPSA) which contains an
apparent prohibition on requiring quality control monitoring programs.
Because this is directly relevant to monitoring authorities, it is also
included here.
VI.  Requirements established by rule to maintain records on:

     a)   operations and outputs
     b)   exposure levels
     c)   health and environmental effects
     d)   administrative procedures

     All authorities to require specific types of information to be kept
are collected into this class.  "Administrative procedures" in (d),
above, usually refers to requirements that a state or other entity
maintain records on a process by which a decision or plan was reached or
implemented. These include records of the administration of a state
implementation plan (SDWA) and records of the development of a standard
(CPSA).  Also collected in this class are a few special provisions
directly related to record-keeping authorities, such as the small
business exemption contained in TSCA section 8.
VII. General and unspecified record-keeping or reporting authorities
     to be exercised "as necessary for the effective enforcement
     of the Act"

     Any provisions of the acts which authorize general record-keeping
or reporting requirements, without specifying what records are to
be kept or reports submitted, are collected under this class  of

                              (vii)

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 authorities.   General regulation writing authorities are also
 collected here because such authorities may include authority  to
 require records or reports.
 VIII.  Authorities or requirements to inspect:

       a)   records
       b)   premises

     With the exception of FFA,  each act contains  some authority  to
 inspect premises or to obtain access to records  for  inspection  and
 copying.   These two types of inspection authority  are collected together
 in this class, but differentiated by the annotations in the  index so
 that either type may be searched separately from the other.
 IX.   Subpoena authorities

      Most provisions for an agency to obtain testimony or  records by
 subpoena or court order were extracted from the acts  and appear  in  the
 text and index.   However, in cases where the authority is  not  related to
 obtaining information on a toxic substance, it is  not included.   An
 example of such a case occurs in subsection 202(b)(4) of the Clean  Air
 Act  which authorizes the Administrator to subpoena records of  automobile
 manufacturers in regard to pollution control equipment on  new  vehicles
 for  the purpose of preparing an annual report to Congress.  Since this
 is not relevant to chemical regulation,  it is not  included.  We  have
 also not included authorities for courts to subpoena  information in a
 judicial review proceeding as such powers are meant to inform  the court,
 and  are not useful to an agency.


 X.    Provisions  to submit applications/petitions/certifications
      or to obtain permits/registrations/exemptions/waivers

      It is almost always the case that permit-type processes are an
 important means  by which an agency gathers information. Several  types of
 permit and registration processes are included in  this class:  some
 dealing with state implementation programs, while  others apply to
 individual owners or operators.  Permit programs which do not deal with
 toxic substances directly are not included.  An example is section  404
 of FWPCA which requires permits  for discharge of dredged or fill
 material into the navigable waters of the United States. This  process
 would almost  certainly never develop information relevant  to future
 regulation of a  specific toxic substance.
XI.  Requirements to give notice or certification

     Reporting requirements that are automatically triggered by an event
are collected into this class and termed generally as notices.
Important examples are the section 5 pretnanufacture notice of TSCA and
                              (viii)

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the section 13 premarket notice of CPSA.   However, this class also
includes notices given to individuals as  well as agencies.   For example,
section 8 of OSHA requires manufacturers  to notify workers  of
excessive exposure, and section 14 of CFSA requires notification of
conformance with a consumer product safety standard to appear on a
product label to notify consumers of such conformance.  Certain other
certifications of conformance are closely related to the latter example
and are also included.  Some certification requirements, only
tangentially related to the idea of notification, are also  included here
so that all certifications could be grouped together.
XII. Requirements established by rule to submit reports:

     a)   on operations and outputs
     b)   on exposure levels
     c)   on adverse health and environmental effects
     d)   on required studies
     e)   as part of an application/petition/certification

     Any provision in an act which requires that a report be submitted
to an agency in response to a rule is included in this class if the
report or information contained in the report is related to chemical
regulation.  Reports required of state agencies on their activities in
implementing an act are also included in this class.  Eon-specific
authorities to require reports are included in class VII because such
authorities usually occur as a combined general authority to require
records and/or reports.  Authorities to require reports from individuals
by letter are collected in class XIII.
XIII.  Specific or general authorities to require submission of records
       and reports in response to directed inquiries (e. ., letters)
       without requiring either rules or subpoenas

     Letter-writing authority is a complex issue and a determination
that such authority has been granted by Congress often requires consid-
eration of the legislative history as well as the act.  No such detailed
efforts are implied by inclusion of a provision in this class.  Rather,
clauses which seem to indicate such authority are collected here along
with authorities to require information by special order, which is a
closely related mechanism.  The General Counsel of the lead agency
should be consulted to determine if letter-writing authority actually
exists under a specific act.
XIV. Public availability of information and confidentiality provisions

     Provisions in the acts which affect the public availability
of information that is collected under any of the provisions appearing
in the compendium are collected in this class.  Such provisions may,  for

                               (ix)

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 example,  specify that certain information shall be public  or  that it
 shall be  subject to the confidentiality protections of  another law such
 as the Administrative Procedures Act.   Provisions  that  require an agency
 to develop or prepare information for  public dissemination are also
 included.
 XV.   Requirements to post warnings or affix labels

      Any labeling requirement,  or other provision relevant  to a labeling
 requirement,  is included in this class.  Requirements  to  post signs at a
 workplace are also included because the intent  is so  closely related.
 (Some of the  provisions collected into class X  deal with labels
 certifying conformance with a standard.   That class should  be consulted
 in regard to  such labeling requirements.)
 XVI.  Relevant definitions

      This section includes any definitions  necessary  to  understand the
 sections of the acts that are included in the compendium.   Some of the
 terms contained in this class may not be used in the  compendium but the
 definitions are helpful to understanding the scope  and intent of the
 act.   This is particularly true of SDWA and FHSA.
XVII.  Ocher  related  or  precedent  clauses

     Any provision which could not reasonably be placed  in one of the
other  classes,  but is necessary to understand the  scope  or application
of  an  act, is  included  here.   These provisions  are not referenced at the
related  point  in  the text because it would not  often be  possible.  This
class  must be  scanned for relevance to  any sections of interest in an
act.   As a matter of course,  provisions dealing with imports and exports
are included here because such sections usually deal with application of
several  parts  of  the act to imports and exports, and are therefore not
uniquely assignable  to  a single class of authorities.  General regulation-
writing  authorities  may reasonably have been gathered into this class.
However,  because  the central  theme of this compendium la record-keeping
and reporting  authorities, such regulation-writing provisions have been
separately included  in  class  VII,  General and unspecified record-keeping
ฃT  reporting authorities ^o be exercised "as necessary for the
effective enforcement of the  Act."
                              (x)

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AUTHORITIES BY CLASS

TSCA
RCRA
FIFRA
CAA
FWPCA
SDWA
FD&CA
OSHA
FMSHA
CPSA
FHSA
FFA
PPPA
HMTA
RSA
I
4
-
2
2
_
—
6
2
1
3
_
1
_
_
—
II
10
8
3
13
13
2
12
7
5
6
1
_
_
5 •
2
III
10
7
4
3
5
2
3
4
_
1
1
1
_
1
-
IV
1
1
2
6
6
—
8
4
4
5
—
1
1
_
-
V
3
1
1
5
3
3
3
3
3
1
—
—
—
1
2
VI
5
6
-
1
1
2
7
3
4
1
1
_
_
_
1
VII
2
1
2
2
3
3
3
3
1
1
1
2
—
1
2
VIII
2
1
2
1
2
3
10
7
6
3
3
—
—
2
3
IX
1
1
1
1
2
_
_
1
2
1
—
1
—
2
1
X
2
3
4
10
5
3
9
1
2
1
1
-
-
3
1
XI
6
2
2
1
4
—
2
1
1
6
-
-
-
—
-
XII
5
3
5
8
2
—
13
4
2
1
-
-
-
1
1
XIII
1
1
1
1
1
—
4
—
—
1
-
-
-
2
-
XIV
7
2
4
4
3
1
6
4
5
4
2
1
-
4
-
XV
1
2
6
_
_
_
11
2
3
2
3
-
-
1
-
XVI
4
7
9
2
10
5
22
7
5
7
9
-
-
2
-
XVII
7
3
3
2
5
_
4
5
2
3
5
1
-
5
-

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                           INDEX TO STATUTES
!_  Requirements to Conduct Tests

TSCA
     4
     5 (a)
     6(a)(4)
     30
RCRA
FIFRA
     5(d)
CAA
FWPCA

SDWA

FD&CA
OSHA
408(d)(l)(C)

408(d)(l)(D)

409(b)(2)(E)

505(b)

505(1)(1)
512(b)



6(b)(7)

20(a)(5)
               testing requirements
               submission of test data
               authority to require tests to assure compliance
               annual report to Congress on testing requirements
               pesticide registration - submission of test results
               experimental use permits - required studies
                    waivers - general authority of Administrator to
                    require tests
                    registered fuels - tests of health effects -
                    manufacturer
                    investigations of pesticide safety - petition for
                    a tolerance
                    studies of pesticide residue - petition for a
                    tolerance
                    studies of additive safety - petition to
                    establish safety
                    new drug applications - tests for safety and
                    efficacy
                    preclinical investigations of new drugs required
                    new animal drug application - tests
                    safety and health standards - medical exams and
                    other test requirements
                    Secretary's research projects - authority to
                    establish medical exam programs and other tests
                              (xi)

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FMS&Ri
     101(a)(7)      health and safety standards may require medical
                    exams and other tests

CPSA

     7(d)(3)(A)     developing a consumer product safety
                    standard - required tests
     14(a)          certificate based on tests
     14(b)          authority to require tests

FHSA

FFA

     5(d)           general authority to require tests of fabrics

PPPA

HMTA

RSA
                               (xii)

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II_  Obligations and Discretionary Authorities of Federal Agencies
    _tฃ Develop Information/Guidelines/Standards/Criteria
TSCA
     4(b)(2)(A)     prescribing test methodologies
     4(b)(5)        findings with respect to testing rules
     4(g)           developing testing standards - petition
     5(a)(2)        prescribing significant new use criteria
     5(b)(4)        list of chemicals - possible unreasonable risks
     6(c)           regulating chemicals - required statement
     8(b)           developing the Inventory
     9(a)           other agency regulation - developing information
     10             research, development, collection, dissemination
                    and utilization of data
     25             classification, storage and retrieval study
RCRA
     1008(a)        information and guidelines
     3001(a) & (b)  designating hazardous wastes and criteria
     3002           standards applicable to generators
     3003           standards applicable to transporters
     3004           standards applicable to handlers
     8001           research, demonstration, training and other
                    activities
     8002           special studies
     8003           coordination, collection and dissemination of
                    information
FIFRA
CAA
     3(b)           registration suspension - required considerations
     20             research and monitoring - Administrator's duties
     25(c)(6)       authority to establish official names for
                    pesticides
     103            several research projects for the Administrator
     108            air quality criteria and control technology -
                    information development
     111            standards of performance for new stationary sources
     112            national emission standards for hazardous air
                    pollutants
     153            ozone protection - studies by EPA
     154            ozone protection - research and monitoring by
                    other agencies
     211(b)         registered fuels - development of test protocols
                               (xiii)

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      307(d)(3)
      309
      319

      120 of P.L.
       95-95
      403 of P.L.
       95-95
FWPCA
     104
     105

     115
     301
     303(d)(l)(A)
     304

     305
     306
     307
     401(b)
     403
     516
SDWA
     1412
     1442
FD&CA
     401
     406
     408

     408 (j)
     409(c)

     409(d)

     505(d)
     508
     702

     702(d)
 regulation  of  fuels and additives - required
 considerations
 factual  background of any  rule promulgated
 Administrator's  comments on other agency actions
 establishment  of national  air quality monitoring
 guidelines

 Administrator's  studies of several pollutants

 several  studies  required of Administrator
 research,  investigations,  training and information
 research and  development of pollution control
 techniques
 identifying in-place pollutants
 developing effluent limitations
 required effluent limitation survey by States
 several requirements to develop criteria and
 information
 required water quality inventory by States
 national standards of performance
 toxic and  pre-treatment effluent standards
 designation of hazardous substances
 supplying  information and  advice to other entities
 developing ocean discharge criteria
 required biennial report
large study of drinking water safety required
general authority to conduct studies and research
development of definition and standard for a food
tolerances for poisonous ingredients in food
tolerances for pesticides on raw agricultural
commodities
temporary tolerance for experimental permits
petition to establish additive safety - development
of conditions (standard of use)
Secretary may establish additive safety on his
own initiative                  i
new drug application - required findings
designating official names for drugs
general authorities necessary to conduct
investigations
developing information for the Commissioner of
Patents
                              (xiv)

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     706(b)(5)
     706(b)(7)
OSHA
     4(b)(3)

     6

     6(b)(7)
     20
     20(a)(6)
     22
     24
FMS&HA
     101(a)(7)
     501
CPSA
     7
     9(b)
     9(c)
     27 (h)
     27 (j)
FHSA
     13 (b)
FFA
color additive safety - required considerations
color additives - tolerance
unnecessary duplication - interagency co-
operation
developing occupational safety and health
standards
worker medical exams - reimbursement by HEW
research and related activities
Toxic Substances List required
NIOSH - information development responsibilities
statistics - development
Secretary required to develop improved health
or safety standards
factual basis required for standards
determination of toxicity
research - medical examinations
several research projects for the Secretary
product safety information and research
consumer product safety standards
establishing standards - factual basis
establishing standards - required findings
consumer product testing and research facilities
biennial report to Congress
preparing results of investigations for public
availability
     109(a)         general information development authority
                    Secretary
     109(d)         research facilities and data centers
     109(e)         annual report by Secretary
     304(a)(4)      special studies by Board
     304(a)(8)      evaluation of safeguards
                              (xv)

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RSA
     202(a)         developing standards and regulations for railroad
                    safety
     208(a)         general authority to develop information, etc.
                              Cxvi)

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Ill  Obligations and Discretionary Authorities of Federal Agencies
     jzo Cooperate with Other Entities ฑn. Developing Information
     or for Other Purposes
TSCA
     4(b)(2)(A)
     6(c)
     8(a)(3)(B)
     9
     9(d)
     10
     10(g)
     26
     27
RCRA
     1006
     3003
     6003
     8001(a)
     8001(b)

     8002(f)

     8003(f)
FIFRA
     6(b)
     17 (d)

     21(a)

     25(a)(2)
CAA
     103

     323(e)

     402 of P.L,
       95-95
prescribing epidemiological studies
cooperative administration
small manufacturer definition
relationship to other Federal laws
cooperative enforcement
research
interagency information-coordination and
exchange committee
exchange of data
cooperative administration
development and evaluation of test data
integration with other acts
transportation of hazardous waste
cooperation with EPA
studies - cooperation with FEA, ERDA, and FPC
management program - coordination with other
acts
mining waste study - cooperation with Interior
Department
information collection and dissemination -
cooperation with States and local authorities
suspension actions - cooperation with USDA
international research and regulation -
Administrator's involvement
promulgating regulations - Secretary of
Agriculture's comments
general regulation-writing authority -
cooperation with USDA
the Administrator's research projects - co-
operation with other agencies
interagency cooperation with the National
Commission on Air Quality

establishment of Task Force on Environmental
Cancer and Heart and Lung Disease
                              (xvii)

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FWPCA
      102(a)

      104
      105
      115

      501(b)
SDWA
     1412
     1442
FD&CA
     702(c)
     702(d)

     707
OSHA
     8(c)(3)

     20

     24
comprehensive program development - joint
investigations of pollution
several cooperative research projects
R&D - control techniques - grants
cooperation with Secretary of the Army
to remove in-place pollutants
use of other agency personnel
Administrator - cooperation with National
Academy of Sciences - maximum contaminant
level study
Administrator must provide technical assistance
to States
records of other agencies available to Secretary
supplying j information to the Commissioner of
Patents   ',
developing tests and methods
general authority to use other agencies' resources
requiring records of exposures - cooperation with
EEW
several cooperative research or development
projects
statistics development - EJ3W and Department
of Labor
FMS&HA
CPSA
     29
FHSA
     10(b)
cooperation with States and with other Federal
agencies
development of import regulations (section 14)
cooperation with Secretary of the Treasury
                              (xviii)

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FFA
     5(d)(2)        general authority to cooperate with any unit
                    of local,  State or Federal government, or any
                    individual
                    cooperation between Secretary and ICC
                              (xix)

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IV    Required or Discretionary Review by_ an Advisory Committee
      or Public Hearing
TSCA
     4(e)
RCRA
     3008(b)
FIFRA
     6(c) &  (d)
CAA
     103(e)

     109
     117
     165
     323
FWPCA
     104(a)(3)
     104(a)(4)

     303(c)(l)
     401(a)(2)

     515
SDWA

FD&CA
     408(d)(3)
       & (e)
     409(f)(l)
     512(c) & (e)
Interagency Testing Committee established
public hearing - enforcement actions
registraton suspension - public hearing and
scientific review
significant air pollution problem - regional
conference
air quality standards - scientific review
committee
hazardous air pollutant emission standards -
required public hearing
advisory committees
significant deterioration - permit hearing
National Commission on Air Quality
public investigations of pollution
research programs and proposals - advisory
committee review
water quality standards - public hearing
permit application - certification - public
hearing
certification - public hearing requested by
other States
Effluent Standards and Water Quality Information
Advisory Committee
petition for a pesticide tolerance - advisory
committee
additive safety - hearing
new animal drug - hearings and advisory
committees
                              (xx)

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     512(m)(2),
       (m)(4)(B)
     706(b)(5)(C)
OSHA


     6(d)

     7

     22

FMS&HA
     101 (a) (1)
     102(c)
     103(b)
CPSA
     10(c)
     12(d)(3)

     27 (a)

     28
FHSA
FFA
     17
PPPA
HMTA

RSA
                    animal feeds - hearings and advisory
                    committees
                    color additive safety - advisory committee
                    rule development - advisory committee
                    variance from a safety and health standard -
                    public hearing
                    National Advisory Committee on Occupational
                    Safety and Health and other advisory committees
                    establishment of NIOSH
                    standard development - advisory committee
                    standard development - public hearing
                    general authority to appoint advisory committees
                    accident investigation may include public hearing
                    petition for consumer product safety rule -
                    hearing
                    Product Safety Advisory Council
                    Product Safety Advisory Council may conduct
                    hearings
                    discretionary authority to conduct inquiries
                    and hearings
                    establishment of the Product Safety Advisory
                    Council
                    National Advisory Committee for the Flammable
                    Fabrics Act
                    technical advisory committee for general
                    purposes
                              (xxi)

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_V  Requirements to Monitor:
          a)   compliance or quality
          b)   exposure levels
          c)   health effects
TSCA
     6(a)(4)        general authority to require monitoring
     6(b)           quality control
     10(a)          monitoring by Administrator
RCRA
     3004(2)        handlers - non-specific monitoring authority
FIFRA
     20(b)&(c)      National Monitoring Plan
CAA
                    implementation plans - monitoring by States
         (ii)        implementation plans - monitoring by owners
                    and operators
     114(a)(1)      general authority to require monitoring by
                    owners and operators
     165(a)(7)      significant deterioration - monitoring
                    requirements
     319            establishment of national air quality monitoring
                    program
FWPCA
     104(a)(5)      monitoring water quality
     308(a)(A)      monitoring by owners and operators of point
                    sources
     401(d)         permit - required certification - monitoring
                    requirements
SDWA
     1413(a)(2)     monitoring by States required under public water
                    supply programs
     1421(b)(1)(C)  monitoring provisions required as part of State
                    underground injection program
     1445(a)        general authority to require monitoring
                              (xxii)

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FD&CA
     409(b)(3)

     512 (e) (2) (B)
     512 (m)
OSHA
     6(b)(7)

     8(c)(3)
     20(a)(5)
FMS&HA
     101(a)(7)
     202(a)
     203
CPSA
     7(a)(2)
petition to establish additive safety -
description of manufacturing controls
new animal drugs - quality control
animal feeds - quality control
safety and health standards - medical
examination program and monitoring requirements
records of required (6(b)(7)) monitoring
Secretary's research projects - authority
to require employers to monitor exposures and
conduct medical examination programs
health and safety standards may contain
monitoring requirements and medical examination
requirements
monitoring respirable dust required
x-ray monitoring of pneumoconiosis development
monitoring product quality prohibited
FHSA
FFA
RSA
     106(a)         monitoring safety procedures
     206(a)(3)      State monitoring of compliance with regulations
     206(e)         Secretary monitoring State efforts
                               (xxiii)

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VI  Requirements  Established  by Rule to Maintain Records on;
     a)
     b)
     c)
     d)
TSCA
6 (a) (4)
8
8 (a) (2)
8 (a) (3)
8(c)
RCRA
      3002(1)
      3002(5)
      3003(1)
      3003(3)
      3004(1)
      3004(2)
FIFRA
CAA
          (ii)
FWPCA
                operations  and outputs
                exposure levels
                adverse health and  environmental  effects
                administrative procedures
                     records  of  processes
                     authority to  require  several  types  of  records
                     several  types of  records
                     small manufacturer  provisions
                     records  of  allegations  of  adverse reactions
               generators - records of outputs
               generators - manifest system
               transporters - records of operations
               transporters - manifest system
               handlers - records of operations
               handlers - manifest system
     308(a)(A)(i)
SDWA
     1413(a)(3)
     U22(b)(l)(A)
         (ii)
FD&CA
     505(e)

     505(i)(3)

     505
               authority to require reports of effluents
               (records implied)
               general authority to require owners and operators
               of point sources to keep records
               records of activities required of States

               records of activities required of States
               failure to maintain required records - withdrawal
               of  approval (new drug)
               records required to establish efficacy of a
               new drug
               records of clinical experience - approved
               new drugs
                               (xxiv)

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     512(e)(l) &
        Ce) (2) (A)

     512 (j)

     512(m)(4)
        (B) (i)
OSHA
     8(c)(2)

     8(c)(3)
     20(a)(5)
FMS&HA
     103(c)
     103(d)
     303(a)
     312(a)
CPSA
     7(d)(3)(C)
FHSA
     5(b)
new animal drugs - general authority to
require records
new animal drug research - general authority
to require records

animal feeds - records
general authority to require records of worker
deaths, injuries and illnesses
records of employee exposure required
Secretary's research projects - authority to require
employers to record exposures
records of exposure required
records of accidents and investigations
inspection of ventilation equipment - records
required map of mine
records of standards development process
guarantees (manifest system)
FFA
     206(b) (3)
records kept by States
                               (xxv)

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 VII   General and Unspecified  Record-keeping  or  Reporting Authorities
      to  be  Exercised "As  Necessary for  the Effective Enforcement
      ฃf  the Act"

 TSCA
 general  record-keeping and reporting authority
 small manufacturer  record-keeping and reporting
 authorities
      8(a)(3)
RCRA
      2002(a)(l)
FIFRA
     8 (a)

     25(a)(l)
CAA
     301
FWPCA
SDWA
FD&CA
 308(a)(A)

 402(a)(2)

 501



 1421(b)(l)(C)

 1445(a)
 1450

L

 505(1)(3)
     701(a)
 general  regulation-writing authority
 general authority  to require manufacturers to
 keep  records
 general regulation-writing authority
general authority  to require records and reports
of owners and operators
general regulation-writing authority
                    general authority to require records and reports
                    from point source operators
                    NPDES permits - record-keeping and reporting
                    requirements
                    general regulation-writing authority
                    general record-keeping and reporting authority
                    required as part of State program
                    general authority to require records and reports
                    general regulation-writing authority
clinical drug studies - general authority to
require records and reporting
general authority to require record-keeping and
reporting - approved new, drug
general regulation-writing authority
                              (xxvi)

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OSHA
     8(c)(l)        general authority to require records
     8(g) (2)        general regulation-writing authority
     24(e)           general authority to require reports from
                    employers
FMS&HA
     103(h)         general authority to require record-keeping
                    and reporting
                    general authority to require record-keeping
                    and reporting
                    general regulation writing authority
                    general authority to obtain reports and
                    records by regulation or subpoena
                    general authority to require record-keeping
                    by regulation
RSA
                    general record-keeping and reporting authority
                    of Secretary
     206(b)(4)      annual report by States - "such other infor-
                    mation as the Secretary may require..."
     208(a)         general authority to require record-keeping
                    and reporting
                               (xxvii)

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VIII  Authorities or Requirements _to Inspect;
           a)
           b)
          records
          premises
 TSCA
      8(c)
RCRA
      3007
FIFRA
      8(b)
      9
CAA
FWPCA
SDWA
308(a)(B)

311 (m)



1413 (a) (2)
     1445 (b)(l)
FD&CA
     505(e)

     505 (j) (2)
     510(h)
     512(e)(2)(A)
        & (D(2)
     512(m)(4)(B)
        (i) & (m)
        (5) (B)
                inspection  and  copying  of records
                general  authority  to  inspect premises and
                records
               general authority  to  inspect premises and
               records
               authority  to  inspect records of  certain  types
               authority  to  inspect establishments
                     authority to  inspect  records  and monitoring
                     equipment and to  sample  emissions
                     authority  to  inspect  premises  and  required
                     records  of point  sources
                     authority  to  inspect  vessels
inspection authority required as part of public
water systems program
inspection provisions required as part of State
underground injection program
general authority to inspect records and premises
               refusal to permit inspection of required records -
               new drugs
               inspection of records required on new drugs
               inspection of drug producer's premises and records

               new animal drugs - inspection of records
               animal feeds - inspection of records

                         (xxviii)

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OSHA
702(e)

703

704



2(b)

8(a)
     8(f)
     8(g)(2)
     18(c)(3)
FMS&HA
FFA
     103 (a)
     103(g)
     103(1)

     202 (g)
     303(d)(l)
     303(e)
CPSA
     7(d)(3)(C)

     16 (a)
     16 (b)
FHSA
     11
     12

     14
                    general authority to execute and serve search
                    warrants
                    general authority to inspect records relevant to
                    interstate shipments
                    general authority to inspect premises
Secretary's research projects - general
authority to inspect
general authority to inspect premises
general authority to inspect required records
authority to require periodic inspections
employee right to request an inspection
general regulation-writing authority - inspections
state plans must include inspection authority
               broad authority to inspect mines
               miner's right to an immediate inspection
               especially hazardous conditions - weekly
               inspection required
               interim dust standard - authority to make spot
               inspections
               inspection before each' shift
               inspection of each working section during each
               shift
               authority to inspect records of standards
               development process
               general authority to inspect premises
               general authority to inspect records to determine
               compliance
               general authority to inspect premises
               general authority to inspect records of
               interstate shipments
               obtaining samples of imports
     109(c)         inspections by Secretary
     304 0>)(2)      inspections by National Transportation Safety
                    Board
                             (xxix)

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RSA
     206(e)         general inspection authority
     208(a)         general inspection authority
     208(c)         general authority to  inspect  equipment  and
                    records
                               Cxxx)

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IX Subpoena Authorities

TSCA

     11(c)          general subpoena authority

RCRA

     3008(b)
FIFRA
     6(d)
CAA
     307(a)(1)
FWPCA
     509(a)(l)
     509(a)(2)
SDWA
FD&CA
OSHA
     8(b)
FMS&HA
     101(a)(3)
     103(b)
CPSA
subpoenas - enforcement actions and public
hearings
registration suspension hearing - subpoena
authority
subpoena authority for several specific
purposes
water quality inventory - subpoena power
effluent limitations and process information -
subpoena power
requiring testimony and production of evidence
by court order
standard development - public hearing
accident investigation - public hearing
     27(b)(3)&(4)   general subpoena authority
FHSA
                               (xxxi)

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FFA
     4(c)
PPPA

HMTA
     109(a)
     304(b)(l)
RSA
     208(a)
general authority to subpoena testimony,
books, records and other writings
subpoenas by Secretary
subpoenas by National Transportation Safety
Board
general authority to issue subpoenas
                              (xxxii)

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X Provisions _tp_ Submit Applications/Petitions/Certifications or to
  Obtain Permits/Registrations/Exemptions/Waivers
TSCA
     4(g)
     5(h)
RCRA
     3004(7)
     3005

     3010(a)
FIFRA
     3
     4
     5
     7
CAA
        (ii)

     165

     165(a)(8)

     172(b)(6)
     173
     211
FWPCA
     301(c) &
        (g)-(D

     401(a)
     402
     403(a)
petition for test standards
exemptions from notice and data requirements
standards applicable to handlers - permits
permits for treatment, storage or disposal of
hazardous wastes (handlers)
registration of generators, transporters and
handlers ("preliminary notification")
registration of pesticides
restricted uses - certification of applicators
experimental use permits
registration of manufacturing establishments
implementation plans - permit program
implementation plans - permit requirement
implementation plans - permit requirement
waivers from the requirements of section 111 -
encouraging innovation

waivers from hazardous air pollutant emission
standard
significant deterioration - pre-construction
requirements
permit - best available technology certification
by Administrator
non-attainment areas - permits required
non-attainment areas - permit requirements
registration of fuels and additives
applications for modifications of effluent
limitations
application/permit - required certification
NPDES - permits for discharges
NPDES - ocean discharge permits
                              (xxxiii)

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SDWA
      1422(b)(l)(A)
FD&CA
      408(d)
      408(d)(2)

      409(b)
      409(1)
      505
      505(1)
      510
      512
      706
OSHA

     6(d)

FMS&HA
     109(d)
     202(b)(3)
CPSA
     10
FHSA
     3(d)
FFA

PPPA

HMTA
RSA
106(b)&(c)

107



206(a)
               underground injection permits
               application for approval of State underground
               injection program
               petition to establish a pesticide tolerance
               petition for a tolerance - required certification
               from USDA
               petition to establish safety of a food additive
               additives - exemptions for investigational use
               new drug applications
               new drugs - exemptions for investigational use
               registration of drug manufacturers
               new animal drug and animal feed applications
               listing food color additives
               application for a variance from a standard
               registration of mines and operators
               permit for noncompliance with interim dust
               standard for permit
               petition for consumer product safety rule
               general authority to exempt substances from require-
               ments of FHSA or its regulations
                    registration of transporters and container
                    manufacturers
                    application for exemption from the Act
                    State participation - required annual certification
                               (xxxiv)

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XI  Requirements to Give Notice or Certification

TSCA
     5
     6 (a) (7)
     6(b)(2)
     7(b)(2)
     8(e)
     12 (b)
RCRA
     3002(4)

     3010
FIFRA
     17 (b)
premanufacture notices - contents
notice of unreasonable risk
public notice of hazard
public notice of imminent hazard
notice of substantial risk
notice of intent to export
notifying handlers and transporters of waste
composition
hazardous waste handlers - notification
(registration with EPA)
human studies - notifying subjects of nature
of study
exports - notice to foreign governments
CAA
     lll(j)(1)(A)   waivers - notice of unusual emissions
FWPCA
     311(b)(5) &
        (c) (2) (D)

     402(b)(8)

     402(d)
oil and hazardous substances - notice of
spill
treatment works - changes in amounts or types
of introductions - notice
notice of each permit application received by
a State
SDWA

FD&CA
     408(1)
     505(i)(2)&(3)
OSHA
     8(c)(3)
FMS&HA
     103(c)
USDA certification of pesticide usefulness
clinical tests of drugs - required  certifications
notice to employees of excessive  exposures to
toxic materials
notifying miners  of  excessive exposure
                               (xxxv)

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CPSA
     13(a)          premarket notice required
     14(a)(l)       certification of conformance with a standard
     15(b)          notice of substantial product hazard
     15(c)          public notice of substantial product hazard
     27(e)          providing consumers with technical and
                    performance data by notice
     14(c)(3)       requiring certification of conformance on
                    a label
FHSA
                               (xxxvi)

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     Requirements Established by Rule to Submit Reports:
          a)   on operations and outputs
          b)   on exposure levels
          c)   on adverse health and environmental effects
          d)   on required studies
          e)   as part of an application/petition/certification
TSCA
     4(b)(l)        reports of preliminary test data
     5(b)(2)(A)     testing data submission
     5(d)(l)(A)     contents of premanufacture notice
     8(a)(2)        illustrative list of information that may
                    be required
     8(d)           health and safety studies
RCRA
     3002(6)        generators - reports of outputs
     3004(2)        handlers - unspecified reporting (probably
                    regarding manifest system)
     3005(b)        reports of operations - permit application
FIFRA
     3(c)(2)        data in support of pesticide registration
     5(d)           experimental use permits - reports on required
                    studies
     6(a)(2)        submission of adverse effects information
     7(c)           establishment registration - information required
     11(a)          prohibition against requiring records or reports
                    of private applicators
CAA
        (11)
     165(a)(6)
     172

     211 (b) (2) (B)
air quality monitoring - reports by States

reports of emissions
permit application - general authority of State
to require information
waivers - required information and reports of
tests
permit process - required analysis of secondary
impacts
permit process - required analysis of primary
impacts
implementation plan - required inventory of
emissions
registration of fuels - required information
                               (xxxvii)

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 FWPCA
      305
      308(a)(A)(ii)
 SDWA
 FD&CA
      408(d)(l)

      409(b)(2)(E)

      505(b)

      505(e)

      505(1)(1)

      505 (j)
      510(j)
      512(b)
      512(d)
      512(e) (2) (A)
         &(j

      512 (m)
OSHA
     8(c)(2)

     18(c)(7)
     18(c)(8)

     20(a)(5)
FMS&HA
     103(d)

     202(a)
CPSA
     27(e)
 required water quality study - biennial report
 to Administrator
 general authority to require owners and
 operators of point sources to make reports
 reports of investigations made on pesticides -
 petition for tolerance
 reports of investigations made on additives -
 petition to establish safety
 reports of investigations made on new drugs
 to establish safety and efficacy
 failure to make required reports  - withdrawal
 of approval (new drug)
 reports of preclinical studies of new drugs
 required
 drug  producers - semiannual  list  of products
 special list of products
 new animal drug applications - contacts
 new animal drug applications - efficacy

 new animal drug applications - general
 authority to require reports
 animal  feeds - general  authority  to require
 reports
authority  to require reports on work-related
deaths,  injuries and illnesses
State plans must include reporting requirements
State plans - general authority to require
States to  submit reports
Secretary's research projects - authority to
require  employers to report exposures
records of accidents and accident investi-
gations - required annual report
submitting dust samples and reporting working
conditions
requiring submission of technical and performance
data by rule
                               (xxxviii)

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FHSA
FFA
HMTA
     106(b)         annual report of hazardous materials handled
RSA
     206(b)
annual certification by State - required report
                               (xxxix)

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 XIII  Specific or General  Authorities  to  Require  Submission of  Records
       and Reports in Response  to  Directed Inquiries  (e.g.,  Letters)
       Without  Requiring  Either Rules or Subpoenas
 TSCA
      8(c)
 RCRA
      3007(a)
FIFRA
      7(c)(2)
               records of allegations of adverse reactions
               furnishing records
               requesting shipping data from individual
               manufacturers
CAA
FWPCA
     308(a)(A)
SDWA
FD&CA
                    authority to require any information from
                    an owner or operator
               authority to require reports, records and
               other information
        (i)
     512(d)(2)

     512 (m) (5) (A)
OSHA
FMS&HA
CPSA
27(b)(l)
               obtaining copies of advertisements for a
               particular drug
               obtaining a quantitative ingredient list for
               a particular drug
               new animal drug - obtaining records and
               reports by special order
               animal feeds - obtaining records and reports
               by special order
                    requiring reports and answers by special order
                              (xl)

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FHSA

FFA

PPPA

HMTA
     109(b)         general letter-writing authority for the
                    Secretary
     304(b)(9)      general letter-writing authority for Board
RSA
                               Cxli)

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XIV Public  Availability of Information and Confidentiality
    Provisions
TSCA
      4(d)
      5(b)(3)
      5(d)(2)
      5(d)(3)

      5(g)
      14
RCRA
     3007(b)
     8003(e)
FIFRA
     6(d)

     7(d)
     10
public notice of receipt of testing data
public availability of test data
public availability of premanufacture notices
publication of notice
publication of list of premanufacture notices
received
statement of reasons for not taking action
disclosure of data
public availability of inspection data
required program for rapid dissemination of
information
scientific review of registration suspension -
report public
production data confidential
trade secrets and other protected information
prohibited acts - unauthorized use of
information
CAA
         (ii)
     114 (c)
     307(a)(l)
FWPCA
     308(b)

     402 (j)
     509
reports of emissions available to public
information from inspections - public
availability
fuels and additives - health effects studies
not confidential
public availability of subpoenaed information
confidentiality of information gathered during
an inspection
permit applications - available to public
confidentiality of subpoena information
                               (xlii)

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SDWA
     1445(d)(l)
FD&CA
     408(f)

     510(f)
     705(b)
     708

OSHA

     6(b)(7)
     8(c)(3)

     8(g)(D

     15

FMS&HA
     103(c)
     103(d)

     103(h)

     312(b)
CPSA
     7(d)(3)(C)
     25(c)
     28(c)
FHSA
     4(h)

     13
FFA
     4(c)
                    confidentiality of trade secret information
                    acquired under the Act
                    confidentiality of most information collected
                    under the Act

                    pesticide tolerance petition - confidentiality
                    of data
                    drug producer - registration data
                    dissemination of information
                    general confidentiality provisions
                    confidentiality of worker medical exams
                    employee access to records of required
                    monitoring
                    authorization to publish any information
                    obtained under the Act
                    confidentiality of trade secrets
                    confidentiality of medical examinations
                    miner access to records of exposure
                    public availability of records of accidents
                    and investigations
                    Secretary may compile and publish majority
                    of data collected under the Act
                    confidentiality of mine map
                    public disclosure of information
                    records of standards development
                    public availability of information
                    proceedings of Product Safety Advisory Council
                    - public
                    unauthorized use of trade secret information
                    prohibited
                    imminent danger situations and general public
                    availability of data
                    confidentiality of trade secret information
                              (xliii)

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HMTA
     106(b)          transporters and container manufacturers -
                     registration information
     107(a)          safety analyses  - data
     304(b)(9)       public availability  of information submitted
                     to Board
     306             public availability  of information submitted
                     to Board
RSA
                             Cxliv)

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XV Requirements to Post Warnings or_ Affix Labels

TSCA

     6(a)(3)

RCRA
general authority to require labeling
     3002(2)
     3003(a)(2)
FIFRA
     3(c)(5)(B)
     25(c)(3)
     25(c)(5)
CAA
FWPCA
SDWA
FD&CA
     301(o)
     403

     502

     512(d)(l)(G)&
        (e)(2)(C)&
        (i)
     512(m)(l)&
        (m)(3)(D)&
        (m) (4) (B)
        (Hi)
     601(a)
     601(b)
OSHA
     6(b)(7)
generators - labeling hazardous waste containers
transporters - labeling requirements
pesticide registration - submitting labeling
pesticide registration - approval of labeling
general uses and restricted uses - different
labeling
pesticide use inconsistent with labeling
prohibited
packaging and labeling standards
requiring a pesticide to be colored or discolored
sending copies of all labeling to a practitioner
definition of misbranded food - labeling
requirements
definition of misbranded drug or device -
labeling requirements
new animal drugs - labeling
animal feeds - labeling
cosmetics - labeling coal tar hair dyes
cosmetics - "misbranded" definition
safety and health standards - labeling require
ments
posting notice of employee protections and
obligations under the Act
                              (xlv)

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FMS&HA
                    health and  safety  standards must include
                    workplace warnings
     109(a)         required posting of orders and decisions
     303(d)(1)      posting danger  signs  as a result of inspections
CPSA
                    general authority  to require labels
     14(c)          general authority  to prescribe use and
                    form  of labels
FHSA
     2(p)           general  labeling  requirements
     3(b)           special  labeling  requirements
     3(c)           exemptions  from unnecessary labeling
FFA
PPPA
                    general authority  to require labeling
                              (xlvi)

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XVI Relevant Definitions
TSCA
     3(1)
     3(6)
     3(12)
     26(c)
RCRA
     1004(1)
     1004(3)
     1004(5)
     1004(12)
     1004(27)
     1004(33)
     1004(34)
FIFRA
     2(e)(2)
     2(e)(3)
     2(n)
     2(p)(2)
     2(q)
     2(x)
     2(bb)
"Administrator"
"health and safety study"
"standards for the development of test data"
"category of chemical substances"
"Administrator"
"disposal"
"hazardous waste"
"manifest"
"solid waste"
"storage"
"treatment"
"certified applicator"
"private applicator"
"commercial applicator"
"ingredient statement"
"label"
"labeling"
"misbranded"
"protect health and the environment"
"unreasonable adverse effects on the
 environment"
CAA
     112(a)(1)      "hazardous air pollutant"
     171(1)         "reasonable further progress"
FWPCA
     306(a)(l)      "standard of performance"
     306(a)(2)      "new source"
     306(a)(3)      "source"
     311(a)(1)      "oil"
     311(a)(14)     "hazardous substance"
     502(11)        "effluent limitations"
     502(13)        "toxic pollutant"
     502(15)        "biological monitoring"
     502(18)        "industrial user"
     502(19)        "pollution"
                               (xlvii)

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SDWA
      1401(1)
      1401(2)
      1401(3)
      1421(d)(2)
FD&CA
      201(c)
      201(f)
      201(g)
      201(1)
     201 (k)
     201 (m)
     201(n)
     201(p)
     201(q)
     201(r)
     201(s)
     201(t)
     201 (u)
     402
     403
     409
     501
     502
     512 (d) (3)
     601
OSHA
     3(1)
     3(8)
     3(9)
     3(10)
     3(11)
     3(12)
     3(13)
FMS&HA
     3 (a)
"primary drinking water regulation"
"secondary drinking water regulation"
"maximum contaminant level"
"underground injection"
"underground injection which endangers a
 drinking water source"
"Department"
"food"
"drug"
"cosmetic"
"official compendium"
"label"
"labeling"
"misbranded"
"new drug"
"pesticide chemical"
"raw agricultural commodity"
"food additive"
"color additive"
"safe"
"adulterated food"
"misbranded food"
"unsafe food additive"
"adulterated drug or device"
"misbranded drug or device"
"manufacture, preparation, propagation,
 compounding or processing"
"substantial evidence"
"adulterated cosmetics"
"Secretary"
"occupational safety and health standard"
"national consensus standard"
"established Federal Standard"
"Committee"
"Director"
"Institute"
"Secretary"
"imminent danger"
                               (xlviii)

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     3(k)
     3(1)
     3(n)
CPSA
     3 (a) (2)
     3(a)(3)
     3(a)(7)
     12 (a)
     13(b)
     15 (a)
FHSA
     2(d)
     2(f)
     2(g)
     2(h)
     2(k)
     2(p)
     2(q)
FFA
     103(2)
     103(3)
"accident"
"mandatory health or safety standard"
"Administration"
"consumer product"
"consumer product safety rule"
"risk of injury"
"private labeler"
"imminently hazardous consumer product"
"new consumer product"
"substantial product hazard"
"Commission"
"hazardous"
"toxic"
"highly toxic"
"corrosive"
"irritant"
"strong sensitizer"
"misbranded hazardous substance"
"banned hazardous substance"
"hazardous material"
"Secretary"
RSA
                               (xlix)

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XVII  Other Related or Precedent Clauses

TSCA
      2(b)
      4(f)
      6
      8(a)(2)
      12
      13
RCRA
      3003(4)
      3008
      8002(1)
FIFRA
CAA
     12
     17
     110
     112(c)
FWPCA
     101
     208 (b) (2) (K)
     308(c)
     402 (b)
SDWA
FD&CA
     301
     603
     701
     801
policy -  development of data
receipt of  test data - required actions
insufficiency  of  information
regulation  of  hazardous substances and mixtures
small manufacturer exemption
exports
imports
prohibited acts
enforcement provisions
studies - completion dates
administrative review and suspension of
registration
prohibited acts
application of act to imports and exports
State implementation plans
hazardous air pollutant - prohibitions
declaration of goals and policy
areawide waste treatment - disposal of pollutants
inspection, monitoring and entry by States
policy - no discharges of oil or hazardous
substances
NPDES permits - State programs
prohibited acts
cosmetics labeling - exemptions
general regulation-writing authority
imports
                              (1)

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OSHA
     2(b)
     8(d)
     18
     20(a)(5)
     20 (d)
FMS&HA
     103(e)

     201
CPSA
     12(a)
     17
     19
FHSA
     3 (a)
     4
     10(b)
     14
     18
FFA
     4(b)
PPPA
HMTA
     101
     104
     105(c)
     301
     303
RSA
statement of purpose and policy
duplicative and excessive burden provisions
State jurisdiction and State plans
reimbursement of employer's monitoring costs
Secretary of HEW - responsibilities assigned
to NIOSH
burdensome or duplicative requirements - small
business considerations
interim standards - coverage
authority to proceed against an imminent hazard
application of the Act to imports
prohibited acts
designation of hazardous substances
prohibited acts
relevant to subsection 10(a)
imports
effect upon other Federal and State laws
criteria for a flammability standard
     Title III
short title
designation of hazardous materials
certified containers
short title
establishment of National Transportation
Safety Board
Hazardous Materials Transportation  Control
Act  (repealed)
                               (li)

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                   PUBLIC LAW - 94-469 — October 11, 1976

                         "TOXIC SUBSTANCES CONTROL ACT"

                          FINDINGS, POLICY AND INTENT


          SEC.  2.

XVII           (b)  Policy. — It is the policy of the United States that —

                    (1)   adequate data should be developed with respect to the
               effect of  chemical substances and mixtures on health and the
               environment and that the development of such data should be
               the  responsibility of those who manufacture and those who
               process such chemical substances and mixtures;...


                                  DEFINITIONS

          SEC.  3.

               As used in this Act:

XVI                 (1)   "Administrator" means the Administrator of the
               Environmental Protection Agency...

XVI                 (6)   "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 epidemiclogical
               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...

                    (12)  "Standards for the development of test data"  means
XVI            prescription of —

                         (A)  the —

                              (i)  health and environmental effects, and

                              (ii) information relating to toxicity,
                         persistence, and other characteristics whfch
                         affect health and  the environment, for which
                         test data are to be developed and any analysis
                         that is to be performed on such data; and

                         (B)  as necessary  to assure  that  the data  are
                   reliable and adequate —

                              (i) the manner in which such data  are to be
                         developed,

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                                   TSCA - 2
                              (ii) specification of any test protocol or
                         methodology to be employed, and

                              (iii) other requirements necessary to provide
                         such assurance...
                   TESTING OF CHEMICAL SUBSTANCES AND MIXTURES


VI        SEC.  4.

               (a)   TESTING REQUIREMENTS. — If the Administrator finds that --

                    (1)   (A)  (i)  the manufacture, distribution in commerce,
                         processing, 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 or any combina-
                         tion of such activities on health or the environment
                         can reasonably be determined or predicted, and

                              (iii) testing of such substance or mixture 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 may
                         reasonably be expected to enter the environment in
                         substantial quantities or (II) there may be significant
                         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 combination of such
                         activities on health or the environment can reasonably
                         be determined or predicted,  and

                              (iii) testing 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 disposal
              or any combination of such activities may have on health or the
              environment  may not be reasonably and more efficiently determined
              or predicted by testing the chemical substances which comprise
              the mixture;

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                         TSCA - 3
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 ... substance or mixture... 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 substance 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 which the persons required to conduct the
          testing shall submit to the Administrator data developed in
          accordance with the standards referred to in subparagraph (B)
          above.

     In determining the standards and period to be included in a rule
     under subsection (a) above, the Administrator's considerations
     shall include the relative costs of the various test protocols and
     methodologies which may be required and the reasonably foreseeable
     availability of facilities and personnel needed to perform the
     testing required.  Any such rule may require the submission of
     preliminary data during the testing period.

          (2)  (A)  The health and environmental effects for
          which standards may be prescribed include carcinogenesis,
          mutagenesis, teratogenesis, behavioral disorders, cumulative
          or synergistic effects, and any other effect which may
          present an unreasonable 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 characteristics 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.

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                                    TSCA - 4


                          (B)   At least once each 12 months,  the Administrator
                     shall review the adequacy of the standards for development
                     of  data prescribed in rules under subsection (a)  and shall,
                     if  necessary, institute proceedings to make apptopriate
                     revisions of such standards.

                     (3)   (A)   A rule under subsection (a)  respecting  a chemical
                     substance or mixture shall require the persons described in
                     subparagraph (B) below to conduct tests  and submit data
                     to  the Administrator on such substance 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
                     persons 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 finds that there are  insufficient data
                          and experience as described in subsection (a)(1)(A)(ii)
                          or (a)(l)(B)(ii)  above.

                               (ii)  Each person who processes or intends to
                          process such substance or mixture if the Administrator
                          finds that there are insufficient data and experience
                          as described in subsection (a)(1)(A)(ii)  or  (a)(1)(B)(ii)
                          above.

                               (iii)  Each person who manufactures or processes
                          or intends to manufacture or process such substance or
                          mixture if the Administrator finds  that there  are
                          insufficient data and experience  as 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...

                     (5)...  (C)   the Administrator shall make and publish with
                    any testing  rule the findings described  in paragraph (1)(A)
                    or  (1)(B)  of subsection (a)  above and, in the  case  of  a rule
                    respecting a mixture,  the finding described in paragraph (2)
                    of such subsection ...

XIV            (d)  NOTICE. — Upon the  receipt  of any test  data pursuant  to a
          rule under subsection  (a),  the Administrator shall publish  a  notice
          in the Federal  Register within 15 days.   Subject to section 14
          [disclosure of  data] each  notice  shall (1)  identify the  chemical
          substance or mixture;  (2)  list the uses  or  intended uses  and  the infor-
          mation 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.

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                                   TSCA - 5


IV              (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 Admin-
                    istrator should give priority consideration for the promul-
                    gation of a testing rule.  In making such a recommendation,
                    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 duration 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 environment,

                              (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 reasonably 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 mixtures,
          in the order in which the committee determines the Administrator should
          take  action under subsection (a).  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 birth defects.  The committee shall
          designate chemical substances and mixtures on the list for which the
          Administrator should, within 12 months initiate a proceeding under
          subsection  (a).  The number  of chemical substances and mixtures on  the
          list  which  are designated under the preceding sentence may not, at  any
          time, exceed 50.

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                    TSCA - 6
     (B)  As soon as practicable but not later than September 1,
1977, the committee shall publish  the list in the Federal Register
together with the reasons for  the  committee's inclusion of each
chemical substance or mixture  on the list.  At least every six
months the committee shall revise  the list and send it to the
Administrator together with  the committee's reasons for the
revisions.  Upon receipt of  any such revision, the Administrator
shall publish in the Federal Register the list with such revision,
the reasons for the revision,  and  the designations made under
subparagraph (A).  The Administrator shall provide reasonable
opportunity to any interested  person to file written comments
on any new or revised list,  and shall make such comments available
to the public.  Within 12 months after its appearance on the
list, the Administrator shall, with respect to any chemical
substance or mixture, either initiate a rulemaking proceeding
under subsection (a) or publish in the Federal Register his
reason for not doing so.

(2)  (A)  The committee established by paragraph  (1) (A)
shall consist 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
     Labor 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 officers 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 frou officers  or employees of the Department
     of Commerce...

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                                       TSCA - 7
                        (D)  The Administrator shall provide the committee
                   such administrative 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)  which indicates that a chemical substance or mixture may
              present or will present a significant risk of serious or
              widespread harm to human beings from cancer, gene mutations,
              or birth defects,  the  Administrator shall, within 180 days,
              initiate appropriate action under section 5, 6,  or 7 to
              prevent or reduce such risk or publish in the Federal Register
              a finding that such risk is not unreasonable.  The Administrator
              may extend such period for an additional period of not more
              than 90 days.  A finding by the Administrator that a risk is
              not unreasonable shall be considered agency action for purposes
              of judicial review. This subsection shall not take effect until
              January 1, 1979.

x             (g)  PETITION FOR STANDARDS FOR THE DEVELOPMENT OF TEST DATA. —
         A person intending to manufacture or process a chemical substance for
jj       which notice is required under section 5(a) and who is not required
         under a rule under subsection 4(a) above to conduct tests and submit
         data on such substance may  petition the Administrator to prescribe
         standards for the development of test data for such substance.  The
         Administrator shall by order either grant or deny any such petition
         within 60 days of its receipt.  If the petition is granted, the Admin-
         istrator shall prescribe such standards for such substance.


                     MANUFACTURING AND PROCESSING NOTICES
                                               I
XI       SEC. 5.

              (a)  IN GENERAL. —

                   (1) Except as provided in subsection (h) [exemptions],
              no person may —

                        (A)  manufacture a new chemical substance on or after
                   the 30th day after the publication of the inventory 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) below, 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) below, of such person's  intention  to

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                                       TSCA - 8
I             manufacture or process such substance and such person submits
              test data in compliance with any applicable requirement of
              subsection (b) below.

II                 (2)  A determination by the Administrator that a use of a
              a chemical substance is a significant new use 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
                   manufacturing, processing, distribution in commerce, and
                   disposal of a chemical substance.

              (b)  SUBMISSION OF TEST DATA.  —

                   (1)  (A)  If a person is  required by subsection (a)(1)
                   above to submit a premanufacture notice to the Administrator
                   and is also required to submit test data (pursuant to a rule
                   under section 4) before the submission of notice, he shall
                   submit the test data at the time notice is submitted...

XII                (2)  (A)  If a person —

                             (i)  is required to submit a notice before
                        beginning manufacture or processing of a chemical
                        substance listed by  the Administrator on the list
                        described in paragraph (4) below, and

                             (ii) is not required by a rule promulgated
                        under section 4 to submit test data for such substance,

                   then such person shall submit data prescribed by subparagraph
                   (B) below at the time notice is submitted.

                        (B)  Data submitted  pursuant to subparagraph (A) above
                   shall be data which the person believes show that —

                             (i)  the manufacture, processing,  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

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                                    TSCA - 9


                               (ii)  the intended significant new use chemical
                          substance  will not present an unreasonable risk of
                          injury to  health or the environment.

XIV                  (3)   Data submitted under paragraph (b)(1)  or (b)(2)
                above shall be made  available, subject  to section 14,  for
                examination by interested persons.

II                   (4)   (A)   (i)   The Administrator may,  by rule,  compile
                          and  keep current a list of chemical substances with
                          respect to which he 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 adding a substance to the list,  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
                     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)... (iii) the Administrator shall make  and publish
                     with any  rule under this subsection, the finding required
                     in subparagraph (A)...

                (d)  CONTENT OF NOTICE; PUBLICATIONS IN THE FEDERAL REGISTER ~

XII
                     (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 infor-
                     mation described in subparagraphs  (A),  (B),  (C),  (D),  (F) ,
                     and (6) of section 8(a)(2), and

                          (B)   in such form and manner as  the Administrator
                     may prescribe,  any test data in the possession or  control
                     of the person giving such notice which  are related  to  the

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                                    TSCA - 10


                     effect of any manufacture, 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

V                         (C)  a description of any other data concerning
                     the environmental and health effects of such substance
                     insofar as known to the person making the notice or
                     insofar as reasonably ascertainable.

Xiv             Such a notice shall be made available, subject to section 14,
                for  examination by interested persons.

                     (2)   Subject to section 14, not later than five [business]
XIV             days after the date of the receipt of a notice or of data 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 describes the
                     nature of the tests performed on such substance and any  data
                     developed.

                A notice  under this paragraph respecting a chemical substance
                shall identify the chemical substance by generic class  unless
                the  Administrator determines that more specific identification
                is required in the public interest.

                     (3)   At the beginning of each month the Administrator shall
                publish in the Federal Register a list of (A)  each chemical
                substance for which notice has been received under subsection
                (a)  and for which the notification period has not expired,  and
                (B)  each  chemical substance for which such notification period
                has  expired since the last publication in the Federal Register
                of such list.

XVII            (e)   REGULATION PENDING DEVELOPMENT OF INFORMATION.  —

                     (1)   (A)   If the Administrator determines 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

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                                   TSCA - 11


                               (ii) (I)  in the absence of sufficient infor-
                              mation 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 quantities, 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
                              expiration of the notification period, [or seek
                              a court injunction] to prohibit or limit the
                              manufacture, processing, distribution in commerce,
                              use, or disposal of such substance or to prohibit
                              or limit any combination of such activities,
                              pending development of further information...

XIV             (g)  STATEMENT OF REASONS FOR NOT TAKING ACTION. — If the
          Administrator has not initiated any action to prohibit or limit the
          manufacture, processing, distribution in commerce, use, or disposal of a
          chemical  substance, for which notification or data is required before
          the  expiration  of the notification period he shall publish a statement
          of his  reasons  for not initiating such action.  The statement shall be
          published in the Federal Register before the expiration of such period.
          Publication in  accordance with the preceding sentence is not a pre-
          requisite to the manufacturing or processing of the substance with
          respect to  which the statement is to be published.

X               (h)  EXEMPTIONS. --

                    (1)   The Administrator may, upon application, exempt any
                person from any requirement of subsection  (a)  [premanufacture
                notice] or (b)  [submission of data] to permit such person to
                manufacture or process a chemical substance  for test marketing
                purposes —

                          (A)  upon a showing by such person that the manufacture,
                    processing, distribution in commerce, use, and disposal of
                    such  substance, and any combination 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.

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                                       TSCA - 12
                   (2)  (A)  The Administrator may, upon application, exempt any
                   person from the requirement of subsection (b)(2) to submit
                   data for a chemical substance.  If, upon receipt of an
                   application under the preceding sentence, the Administrator
                   determines that —

                             (i)  the chemical substance with respect to which
                        such application was submitted is equivalent to a
                        chemical substance for which data has been submitted
                        to the Administrator as required by subsection 5(b)(2),
                        and

                             (ii) submission of data by the applicant 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 data on the substance—
                 REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES
                                 AND MIXTURES
XVII     SEC.  6.
              (a)  SCOPE OF REGULATION.  — If the Administrator finds that
         there is a reasonable basis to conclude that the manufacture, processing,
         distribution 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 require-
         ments to such substance or mixture to the extent necessary to protect
         adequately against such risk using the least burdensome requirements:
         • • •

XV                 (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...

XI                 (7)  A requirement directing manufacturers or processors
              of such substance or mixture (A) to give notice of such unreason-
              able risk of injury to distributors of such substance or mixture
              and, to the extent reasonably ascertainable,  to other persons

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                                   TSCA - 13
               in possession of 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 or will cause the chemical substance or
          mixture to present an unreasonable risk of injury to health or the
          environment --

                    (1)  the Administrator may by order require such manufacturer
               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
                    the Administrator may order revision of the quality control
                    procedures to the extent necessary to remedy such inadequacy;
                    or

                         (B)  that such quality control procedures have resulted
                    in distribution of chemical substances or mixtures which
                    present an unreasonable risk of injury to health or the
                    environment, the Administrator may order the manufacturer
XI                  or processor to (i) give notice of such risk to processors
                    or distributors or both, and, to the extent reasonably
                    ascertainable, to any other person in possession of or
                    exposed to the 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 necessary to adequately
                    protect health or the environment...

II             (c)  PROMULGATION OF SUBSECTION (a) RULES. —

                    (1)  In promulgating any rule under subsection 6(a)> the
               Administrator shall consider and publish a statement with respect
               to —

                         (A)  the effects of the substance or mixture on
                    health and the magnitude of human exposure,

                         (B)  the effects of the substance or mixture on the
                    environment and the magnitude of environmental exposure,

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                                        TSCA - 14
                         (C)  the benefits of the 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.

 IU           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 Admin-
               istrator may not promulgate a rule under subsection 6(a) unless he
               finds that it is in the public interest.  In making such a finding
               the Administrator shall consider (i) all relevant aspects of the
               risk, (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...
                                IMMINENT HAZARDS
YT        ov •  / • • •
               (b)  RELIEF AUTHORIZED...

                    (2)  In 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 substance or mixture, the relief authorized
               by paragraph (1) may include the issuance of a mandatory order
               requiring (A) in the case of purchasers of such substance,
               mixture, or article known to the defendant, notification to
               such purchasers of the risk associated with it; (B) public
               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...
                     REPORTING AND RETENTION OF INFORMATION

          SEC.  8.

               (a)   Reports. —

                    (1)   The Administrator shall promulgate rules under
               which —

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                                  TSCA - 15
                        (A)  each person (other than a small manufacturer
                   or processor) who manufactures or processes or proposes to
                   manufacture or process a chemical substance (other than for
                   research) shall maintain such records,  and shall submit
                   to the Administrator such reports, as he may reasonably
                   require, and

                        (B)  each person (other than a small manufacturer
                   or processor) who manufactures or processes or proposes
                   to manufacture or process —

                             (i)  a mixture, or

                             (ii) a chemical substance in small quantities
                        (as defined by the Administrator by rule) solely for
                        purposes of scientific experimentation or research,
                        including research or analysis for the development
                        of a product,

                   shall maintain records and submit to the Administrator
                   reports but only to the extent the Administrator determines
                   the maintenance of records or submission of reports, or
                   both, is necessary for the effective enforcement of this
                   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 compon-
              ents of a mixture unless the Administrator finds that the main-
              tenance 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 of the inventory required under
              subsection 8(b) below, the Administrator shall promulgate rules
              pursuant to this subsection not later than June 30, 1977.

VI                 (2)  The Administrator may require under paragraph  (1)
XII           above maintenance of records and reporting with respect  to the
              following, insofar as known to the person making the report or
              insofar as reasonably ascertainable:

                        (A)  The common or trade name, the chemical identity,
                   and the molecular structure of each chemical substance or
                   mixture for which such a report is required.

                        (B)  The categories or proposed categories of  use of  each
                   such substance or mixture.

                        (C)  The total amount of each such substance
                   and mixture manufactured or processed, or  reasonable  estimates
                   of the total amount to be manufactured or  processed,  the
                   amount manufactured or processed  for each  of  its  categories

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                                   TSCA - 16
                    of use, and reasonable estimates of the amount to be manu-
                    factured or processed for each of its categories of use or
                    proposed categories of use.

                         (D)  A description of the byproducts resulting from the
                    manufacture, processing, use, or disposal of each such
                    substance or mixture.

                         (E)  All existing data concerning the environmental
                    and health effects of such substance or mixture.

                         (F)  The number of individuals exposed, and reasonable
                    estimates of the number who will be exposed, to such substance
                    or mixture in their places of employment, and the duration of
                    such exposure.

                         (G)  In the initial report under paragraph (1) on such
                    substance or mixture, the manner or method of its disposal,
                    and in any subsequent report on such substance or mixture, any
                    change in such manner or method.
XVII           To the extent feasible, the Administrator shall not require under
               paragraph (1) any reporting which is unnecessary or duplicative.

                    (3)   (A)  (i)  The Administrator may by rule require a
                         small manufacturer or processor of a chemical substance
                         to submit to the Administrator such information
                         respecting the chemical substance as may be required for
                         publication of the first inventory required by subsection
                         (b) below.

                              (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 [testing], 5(b)(4) [list of
                              possible hazards], or 6 [regulation of hazardous
                              substances or mixtures],  or an order in effect
                              under section 5(e) [regulation pending develop-
                              ment of information] , or

                                   (II) with respect to which relief has been
                              granted pursuant to a civil action brought under
                              section 5 or 7 [imminent  hazards],

                         to maintain such records and to submit such reports  as
                         he may reasonably require.  A  rule under this clause
                         requiring reporting may require reporting with respect
                         to the matters referred to in  paragraph (2)  above.

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                                       TSCA - 17


                        (B)  The Administrator, after consultation with the
                   Administrator of the Small Business Administration,  shall
                   by rule prescribe standards for determining the manu-
                   facturers and processors which qualify as small manu-
                   facturers and processors for purposes of this paragraph and
                   paragraph (1).

H            (b)  INVENTORY. --

                   (1)  The Administrator shall compile, keep current,  and
              publish a list [inventory] of each chemical which is manufactured
              or processed in the United States. Such list shall at least
              include each chemical substance which any person reports  (under
              section 5 or subsection (a) of this section) is manufactured or
              processed in the United States.  Such list may not include
              any chemical substance which was not manufactured or processed
              in the United States [after January 1, 1975].  A chemical
              substance for which a premanufacture notice is submitted  shall be
              included on the inventory as of the earliest date on which such
              substance was manufactured or processed.  The Administrator shall
              first publish such a list [inventory] not later than [November 11,
              1977].  The Administrator shall not include any chemical  substance
              manufactured or processed only in small quantities (as defined by
              the Administrator by rule) solely for purposes of scientific
              experimentation or analysis or chemical research.

                   (2)  To the extent consistent with the purposes of this Act,
              the Administrator may, in lieu of listing a chemical substance
              individually, list a category of chemical substances in which the
              substance is included.

yj            (c)  RECORDS. — Any person who manufactures, processes,  or
         distributes in commerce any chemical substance or mixture shall maintain
         records of significant adverse reactions to health or the environment,
         as determined by the Administrator by rule, alleged to have been caused
         by the substance or mixture.  Records of such adverse reactions to the
         health of employees shall be retained for a period of 30 years from the
         date such reactions were first reported to or known by the person
         maintaining such records.  Any other record of such adverse reactions
         shall be retained for a period of five years.  Records required to be
         maintained under this subsection shall include records of consumer
         allegations of personal injury or harm to health, reports of occupational
         disease or injury, and reports or complaints of  injury to the environ-
VIII     ment submitted to the manufacturer, processor, or distributor in commerce
XIII     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.

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                                   TSCA - 18


XII            (d)   HEALTH AND SAFETY STUDIES.  — The Administrator shall
         promulgate rules under which he shall require any person who manu-
         factures,  processes, or distributes in commerce any chemical substance
         or  mixture (or with respect to paragraph (2) below, any person who  has
         possession of a study) to submit to the Administrator —

                    (1)  lists of health and safety studies with respect to
               such  substance or mixture (A) conducted or initiated by or  for such
               person at any time, (B) known to such person, or (C) reasonably
               ascertainable by such person, except that the Administrator may
               exclude certain types or categories of studies from the require-
               ments of this subsection if he finds that submission of lists  of
               such  studies is unnecessary to carry out the purposes of this  Act,
               and

                    (2)  copies of any study contained on a list submitted
               pursuant to paragraph (1) above, or otherwise known by such person.

XI             (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
         supports the conclusion that such substance or mixture presents  a
         substantial risk of injury to health or 'the environment shall immediately
         inform the Administrator of such information unless such person  has
         actual knowledge that the Administrator has been adequately informed.


                       RELATIONSHIP TO OTHER FEDERAL LAWS
         SEC.  9.

               (a)  LAWS  NOT ADMINISTERED BY THE ADMINISTRATOR.  —

                    (1)   If  the Administrator concludes that any activity or
               combination of activities will present an unreasonable  risk of
               injury  to  health or the environment and that the  risk may be
               prevented  or  reduced sufficiently by another agency, he shall
               submit  to  that agency a. report which describes the activity he
               believes presents a risk.   The report shall also  request the
               agency  —

                         (A)   (i)   to determine if the risk may  be prevented
                         or  reduced sufficiently by the agency,  and

                              (ii)  if the agency determines that such  risk may
                         be  prevented or reduced,  to issue an order declaring
                         whether or not the activity or combination of activities
                         indeed presents such risk;  and

                         (B)   to respond to the Administrator with respect to
                   the matters described in subparagraph (A).

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                                   TSCA - 19


II             Any report of the Administrator shall  include  a detailed
               statement of the information on which  it  is  based  and be published
               in the Federal Register.   The  agency receiving a request shall make
               the requested determination, issue the requested order,  and make
               the requested response within  such time as the Administrator
               specifies but not in less than 90 days.   The response of an agency
               shall be accompanied by a detailed statement of the  findings and
               conclusions shall be published in the  Federal  Register...

II                  (3)  If the Administrator initiates  action under section 6 or
               7 against a chemical substance or mixture which was  the  subject of
               a report made to an agency under paragraph (1),  such agency shall,
               before taking any action of its own, consult with  the Administrator
               for the purpose of avoiding duplication of Federal action.

               (b)  LAWS ADMINISTERED BY THE  ADMINISTRATOR. — The  Administrator
          shall coordinate his actions under  this Act with  his actions  under other
          Federal laws.  If he determines that a risk to health or  the  environment
          would be eliminated or reduced sufficiently by actions  under  other
          Federal laws, the Administrator shall use such authorities unless he
          determines it is in the public interest to  protect  against such risk by
          actions under this Act...

               (d)  COORDINATION. — In administering this  Act, the Administrator
          shall consult and coordinate with the Secretary of  Health, Education,
          and Welfare and any other appropriate instrumentality of  the  Federal
          Government for the purpose of achieving the maximum enforcement of this
          Act while imposing the least burdens of duplicative requirements...


                RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION,
                             AND UTILIZATION  OF DATA

II        SEC. 10.
Ill
               (a)  AUTHORITY. — The Administrator shall,  in consultation and
          cooperation with the Secretary of Health, Education, and Welfare and
          with other appropriate departments  and agencies,  conduct such research,
^         development, and monitoring as is necessary to carry out the purposes
          of this Act.  The Administrator may enter into contracts and may make
          grants for research, development, and monitoring  under  this subsection...

               (b)  DATA SYSTEMS. —

HI                 (!)  The Administrator shall establish, administer, 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 agencies, and use of data submitted under this Act.

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                                       TSCA - 20
                    (2)   (A)  The Administrator shall, in consultation and
                    cooperation with  the Secretary of Health, Education,
                    and Welfare and other appropriate departments and
                    agencies, design, establish, and coordinate 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
                   with responsibilities in  the area of regulation or
                    study of chemical substances and mixtures and their effect
                    on health or the  environment...

              (c)   SCREENING TECHNIQUES. —  The Administrator shall, with the
         Assistant  Secretary for Health of the Department of Health, Education,
         and Welfare, undertake research 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 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) above, the bounds of the reliability of such techniques, and the
         opportunities for their improvement. . .

              (g)  EXCHANGE OF RESEARCH AND  DEVELOPMENT RESULTS. — The
         Administrator shall, in consultation with the Secretary of Health,
         Education, and Welfare and other 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.
                           INSPECTIONS AND SUBPOENAS

         SEC.  11.

VIII          (a)  IN GENERAL. —  For purposes of administering this Act, the
         Administrr tor, and any duly designated representative of the

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                                  TSCA - 21
         Administrator, 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 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.  Each inspection shall be commenced
         and completed with reasonable promptness and shall be conducted at
         reasonable times, within reasonable limits,  and in a reasonable manner.

              (b)  SCOPE. —

                   (1) Except as provided in paragraph  (2), an inspection conducted
              under subsection (a) shall extend to all  things within the premises
              or conveyance inspected (including records, files, papers,
              processes, controls, and facilities) bearing on whether the require-
              ments 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 sub-
              section (a) for such inspection.

IX            (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...


                                    EXPORTS

XVII     SEC. 12.

              (a)  IN GENERAL. —

                   (1)  Except as provided in paragraph  (2) and  subsection  (b)
                   below, 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 —

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                                        TSCA - 22
                         (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,
                    bears a stamp or label stating that such substance, mixture,
                    or article is intended for export.

                    (2)  Paragraph (1) shall not apply to any chemical substance,
               mixture, or article if the Administrator finds that it will present
               an unreasonable risk of injury to health or the environment in
               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 or the environment in the United States.
 XI            (b)   NOTICE. —
                    (1)  If any person exports or intends to export a chemical
               substance or mixture for which the submission of data is required
               under section 4 [testing] or 5(b) [list of possible hazards],  such
               person shall notify the Administrator of such exportation or
               intent and the Administrator shall furnish to the government of
               such country notice of the availability of the data submitted.

                    (2)  If any person exports or intends to export a chemical
               substance or mixture for which an order has been issued under
               section 5 or a rule has been proposed or promulgated under section
               5  [premanufacture notices] or 6 [regulation of hazardous sub-
               stances] or with respect to which an action is pending, or relief
               has  been granted under section 5 [regulation pending development
               of information and protection against unreasonable risk]
               or 7 [imminent hazards], 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 such
               rule,  order,  action, or relief.
                ENTRY INTO CUSTOMS TERRITORY OF THE UNITED STATES

XVII     SEC.  13.

               (a)   IN GENERAL.  —

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                                  TSCA - 23
                   (1)  The Secretary of the Treasury shall refuse entry
              into the customs territory of the United States of any chemical
              substance, mixture, or article containing a chemical substance
              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...


                              DISCLOSURE OF DATA

XIV      SEC. 14.

              (a)  IN GENERAL. —  Except as provided by subsection (b) below,
         any information otherwise obtained by the Administrator 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 not be disclosed 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
                   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 such disclosure is necessary
              and under such conditions as the Administrator may specify;

                   (3)  shall be disclosed if the Administrator determines it
              necessary to protect health or the environment; or

                   (4)  may be disclosed when relevant in any proceeding under
              this Act, except that disclosure shall be made in such manner as
              to preserve confidentiality.

         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 AND 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 —

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                    TSCA - 24
                (i)  any chemical  substance or mixture which
          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 obtained  by  the Administrator from
     a health and safety study which relates to such a chemical
     substance or mixture.

This paragraph does not authorize the  release of any data which
discloses 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 health and
safety study information described above (which is not process or
formulation information as described above) the Administrator may
i.ot deny such request on the basis of  subsection (b) (4) of section
552 of title 5, U.S.C.

(c)  DESIGNATION AND RELEASE OF CONFIDENTIAL DATA. —

     (1)  In submitting data under this Act, a manufacturer,
processor, or distributor in commerce  may designate the data which
he believes is entitled to confidential treatment under subsection
(a), and submit such data separately from other data.  A designation
under this paragraph shall be made in  writing in such manner as
the Administrator prescribes.

     (2)  (A)  Except as provided by subparagraph (B) below, if the
     Administrator proposed  to release for inspection data which
     has been designated confidential, he shall notify, by certified
     mail, the manufacturer, processor, or distributor in commerce
     who submitted such data of his  intent to release it.  If the
     release is to be made pursuant  to a request under section 552(a)
     of title 5, United States Code, the required notice shall be
     given immediately upon  approval of such request.  The
     Administrator may not release such data until the expiration
     of 30 days after the manufacturer, processor, or distributor
     in commerce has received the required notice.

          (B)  (i)  Subparagraph  (A) above, requiring notices
          prior to release of information, shall not apply to the
          release of information under paragraph (1), (2), (3),
          or (4) of subsection (a) above, except that the

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                                   TSCA - 25
                         Administrator may not release data under paragraph (3)  of
                         subsection (a) unless he has notified each manufacturer,
                         processor, and distributor in commerce who submitted the
                         data of the release.   Such notice shall  be made by
                         certified mail at least 15 days  before the release.   If
                         the Administrator determines that the release of 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 he  determines will provide
                         notice at least 24 hours before  such release  is made.

                              (ii) Subparagraph (A) shall not apply to the release
                         of information in health and safety studies as described
                         in subsection (b)(1)  other than  process  and formulation
                         information described in the second sentence  of that
                         subsection...
                                     STUDIES

II        SEC. 25.

               (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 [July
          1, 1977].

                            ADMINISTRATION OF THE ACT

          SEC. 26.

Ill            (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 AdminJstrator to assist
               the Administrator in the administration of this Act; and

                    (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
               reasonably determine to be  necessary for the administration of
               this Act...

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                          TSCA -  26
      (c)  ACTION WITH  RESPECT  TO  CATEGORIES.  ~

          (1) Any  action authorized  or  required  to be  taken by the
      Administrator under any provisions 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):

               (A)   The term "category  of chemical substances" means a
          group of chemical substances  the  members of  which are similar
          in molecular 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 suitable 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
          mixtures 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...

      (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  such statements shall not be
subject to judicial review  in  any  respect...
         DEVELOPMENT AND EVALUATION OF TEST METHODS

SEC. 27.

     (a)  IN GENERAL.  — The  Secretary of Health, Education and
Welfare, in consultation with  the Administrator and acting through the
Assistant 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

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                         TSCA - 27
inexpensive and efficient methods (1) for determining and evaluating the
health and environmental effects of chemical substances and mixtures,
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...
SEC. 30.

     The Administrator shall submit to the President and Congress each
January 1, a report including —

          (1)  a list of the testing required under section 4 during
     the year and an estimate of the costs imposed by such testing
     requirement...

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                    PUBLIC LAW 94-580 — October 21, 1976


               "RESOURCE CONSERVATION AND RECOVERY ACT OF 1976"

                       SUBTITLE A — GENERAL PROVISIONS
                                  DEFINITIONS
         SEC. 1004.

               As used in this Act: ...

 XVI                 (1)  "Administrator" means the Administrator of the
              Environmental Protection Agency...

 XVI                 (3)  "Disposal" means the discharge, deposit, injection,
              dumping, spilling, leaking, or placing of any solid waste or
              hazardous waste into or on any land or water so that such solid
              waste or hazardous waste or any constituent thereof may enter the
              environment or be emitted into the air or discharged into any
              waters, including ground waters...

 XVI                 (5)  "Hazardous waste" means a solid waste, or
              combination of solid wastes, which because of its quantity,
              concentration, or physical, chemical, or infectious characteristics
              may —

                        (A)  cause, or significantly contribute to an increase in
                   mortality or an increase in serious irreversible, or incapac-
                   itating reversible illness, or;

                        (B)  pose a substantial present or potential hazard to
                   human health or the environment when improperly treated,
                   stored, transported, or disposed of, or otherwise managed...

XVI                 (12) "Manifest" means the form used for identifying the
              quantity, composition, and the origin, routing, and destination
              of hazardous waste during its transportation from the point of
              generation to the point of disposal, treatment, or storage...

                    (27) "Solid waste" means any garbage, refuse, sludge from
              a waste treatment plant, water supply treatment plant, or air
              pollution control facility and other discarded material, including
              solid, liquid, semisolid, or contained gaseous material resulting
              from industrial, commercial, mining, and agricultural operations,

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                                        RCRA - 2


               and from community activities, but does not include solid or
               dissolved material in domestic sewage, or solid or dissolved
               materials in irrigation return flows or industrial discharges which
               are point sources subject to permits under section 402 of the
               Federal Water Pollution Control Act, as amended (86 Stat. 880), or
               source, special nuclear, or byproduct material as defined by the
               Atomic Energy Act of 1954, as amended (68 Stat. 923)...

XVI                 (33) "Storage", when used in connection with hazardous
               waste, means the containment of hazardous waste, either on a
               temporary basis or for a period of years, in such a manner as not
               to constitute disposal of such hazardous waste.

XVI                 (34) "Treatment", when used in connection with hazardous
               waste, means any method, technique, or process, including
               neutralization, designed to change the physical, chemical, or
               biological character or composition of any hazardous waste so as to
               neutralize such waste or so as to render such waste nonhazardous,
               safe for transport, amenable for recovery, amenable for storage, or
               reduced in volume.  Such term includes any activity or processing
               designed to change the physical form or chemical composition of
               hazardous waste so as to render it nonhazardous...
                APPLICATION OF ACT AND INTEGRATION WITH OTHER ACTS
          SEC.  1006...

               (b)   INTEGRATION WITH OTHER ACTS. — The Administrator shall
          integrate all provisions of this Act and shall avoid duplication, to the
          maximum extent practicable, with the appropriate provisions of  the Clean
          Air Act,  the  Federal Water Pollution Control Act, the Federal Insecticide,
          Fungicide,  and Rodenticide Act, the Safe Drinking Water Act,  the  Marine
          Protection, Research and Sanctuaries Act of 1972 and such other Acts of
          Congress  as grant regulatory authority to the Administrator.  Such
          integration shall be effected only to the extent that it can be done in
          a manner  consistent with the goals and policies expressed in this Act
          and in the  other acts.
                SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES
         SEC. 1008.

II            (a) GUIDELINES.  — By October 21,  1977,  the Administrator  shall,
         in cooperation with appropriate Federal,  State, municipal,  and  intermunicipal

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                                      RCRA - 3
        agencies, and in consultation with other interested persons,  and after
        public hearings, develop and publish suggested guidelines for solid
        waste management.  Such suggested guidelines shall —

                  (1)  provide a technical and economic description of the
             level of performance that can be attained by various available
             solid waste management practices (including operating practices)
             which provide for the protection of public health and the
             environment;

                  (2)  not later than October 21, 1978, describe levels of
             performance, including appropriate methods and degrees of control,
             that provide at a minimum for (A) protection of public health and
             welfare; (B), protection of the quality of ground waters  and surface
             waters from leachates; (C) protection of the quality of  surface
             waters from runoff through compliance with effluent limitations
             under the Federal Water Pollution Control Act, as amended; (D)
             protection of ambient air quality through compliance with new
             source performance standards or requirements of air quality
             implementation plans under the Clean Air Act, as amended; (E)
             disease and vector control; (F) safety; and (G) esthetics; and

                  (3)  provide minimum criteria to be used-by the States to
             define those solid waste management practices which constitute the
             open dumping of solid waste or hazardous waste and are to be
             prohibited under title IV of this Act.

        Where appropriate, such suggested guidelines also shall include minimum
        information for use in deciding the adequate location, design, and
        construction of facilities associated with solid waste management
        practices including the consideration of regional geographic, demo-
        graphic and climatic factors.
              SUBTITLE B — OFFICE OF SOLID WASTE; AUTHORITIES
                             OF THE ADMINISTRATOR
                      AUTHORITIES OF THE ADMINISTRATOR
        SEC. 2002.

             (a) AUTHORITIES. — In carrying out this Act, The Administrator
        is authorized to —

VII               (1)  prescribe, in consultation with Federal, State, and
             regional authorities, such regulations as are necessary to carry
             out his functions under this Act; ...

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                                      RCRA - 4
                  SUBTITLE C — HAZARDOUS WASTE MANAGEMENT

                IDENTIFICATION AND LISTING OF HAZARDOUS WASTE


        SEC.  3001.

II           (a)   CRITERIA FOR IDENTIFICATION OR LISTING.  — Not later  than
        March 21,  1978,  the Administrator shall, after notice and opportunity
        for  public hearing, and after consultation with appropriate Federal and
        State agencies,  develop and promulgate criteria for identifying the
        characteristics  of hazardous waste, and for listing hazardous waste,
        which should be  subject to the provisions of this  subtitle, taking into
        account toxicity,  persistence, and degradability in nature, potential
        for  accumulation in tissue, and other related factors such as flammability,
        corrosiveness, and other hazardous characteristics.   Such criteria shall
        be revised from  time to time as may be appropriate.

II           (b)  IDENTIFICATION AND LISTING.  — Not later than April 22, 1978,
        the  Administrator  shall promulgate regulations identifying the  char-
        acteristics of hazardous waste, and listing particular hazardous
        wastes...
            STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
II     SEC.  3002.

             Not  later  than April 22,  1978,  the Administrator  shall  promulgate
       regulations  establishing standards applicable to generators  of hazardous
       waste.  Such standards shall establish requirements  respecting —

VI                (1) record-keeping to accurately identify  the  quantities of
             such hazardous waste generated,  the significant constituents
             thereof and  the disposition of  such wastes;

XV                (2) labeling for containers used for storage,  transport,
             or disposal  of hazardous  waste  that accurately  identifies*such
             waste;...

XI                (4) furnishing information on the chemical composition to
             persons transporting, treating,  storing,  or disposing of such
             wastes;

VI                (5) use of a manifest system to assure that  all such hazardous
             waste is designated for treatment,  storage, or  disposal in facilities
             for  which  a  permit has been issued;  and

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                                     RCRA - 5
XII               (6)  submission of reports  to the Administrator  (or the
             State agency authorized to carry out the permit program)  setting
             out —

                       (A)   the quantities of hazardous waste that he  has
                 generated  during a particular time period; and

                       (B) the disposition of that hazardous waste.
           STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
        SEC.  3003.

II           (a)  STANDARDS. — Not  later  than April 22, 1978, the Administrator,
III     after consultation with  the Secretary of Transportation shall promulgate
        regulations  establishing standards, applicable to transporters of
        hazardous waste.  Such standards  shall  include requirements respecting  —

                  (1)   record-keeping  concerning such hazardous waste trans-
             ported, and  their source  and delivery points;

XV                (2)   transportation  of  such waste only if properly labeled;

VI                (3)   compliance with the manifest system referred to in
             section 3002(5); and

XVI               (4)   transportation  of  all such hazardous waste only to  the
             hazardous  waste  facilities which the shipper designates on  the
             manifest form to be a  permit-holding facility.

             (b)  COORDINATION.  —  In  all regulations under this Act, the
        Administrator will consult  and coordinate with the regulations and
        activities of the Secretary of Transportation under the Hazardous
        Materials Transporation  Act.


                STANDARDS APPLICABLE TO OWNERS  AND OPERATORS
                  OF HAZARDOUS  WASTE  TREATMENT, STORAGE,
                          AND DISPOSAL FACILITIES
        SEC.  3004.

             Not  later  than April 22,  1978,  the Administrator shall promulgate
        regulations  establishing performance standards applicable to owners
        and operators of  facilities for the  treatment, storage, or disposal
        of  hazardous waste.   Such standards  shall include requirements
        respecting —

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                                      RCRA - 6
VI                (1)  maintaining records of all hazardous wastes treated,
             stored,  or disposed of and the manner in which this was done;

III V VI          (2)  satisfactory reporting, monitoring,  and inspection
XH          and compliance with the manifest system referred to in section
             3002(5);...

X                 (7)  compliance with the requirements of  section 3005
             respecting permits for treatment, storage, or  disposal.


                 PERMITS FOR TREATMENT, STORAGE OR DISPOSAL
                             OF HAZARDOUS WASTE


X       SEC.  3005.

             (a)  PERMIT REQUIREMENTS. — Not later than April 22, 1978, the
        Administrator shall promulgate regulations requiring each person owning
        or  operating  a facility for the treatment, storage, or disposal of
        hazardous waste to have a permit issued pursuant to this section.
        Ninety days after the Administrator has published the subsection 3001 (b)
        list  of hazardous wastes, the disposal of any such  waste is prohibited
        except in accordance with such a permit.

XII          (b)  REQUIREMENTS OF PERMIT APPLICATION.  — Each application for a
        permit shall  contain such information as may be required under  regulations
        promulgated by the Administrator,  including information respecting ----

                 (1)   estimates of the composition, quantities,  and con-
             centrations of any hazardous waste proposed to be disposed of,
             treated,  transported,  or stored,  and the time, frequency,  or
             rate at  which such waste is proposed to be disposed of, treated,
             transported,  or stored;  and

                 (2)  the site at which such hazardous waste will be disposed
             of,  treated,  transported to,  or stored.
                                 INSPECTIONS

       SEC. 3007.

            (a)  ACCESS ENTRY. — For purposes of developing any regulation or
       enforcing the provisions of this subtitle, any person who generates,
       stores, treats, transports, disposes of, or otherwise handles hazardous

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                                      RCRA - 7
        wastes shall, upon request of any officer designated by the Administrator,
XIII    or any designated officer of a State having an authorized hazardous
        waste program, furnish or permit such officer at all reasonable times to
        have access to, and to copy all records relating to such wastes.   Such
        officers are authorized —

                  (1)  to enter at reasonable times any establishment where
             hazardous wastes are generated, stored, treated, or disposed of;

                  (2)  to inspect and obtain samples of any such wastes and
             samples of any containers or labeling for such wastes.
XIV          (b) AVAILABILITY TO PUBLIC.  — Any records,  reports,  or information
        obtained from any person under this section shall be available to the
        public, except that upon a showing that such records, reports, or
        information, are entitled to protection under section 1905 of Title 18
        of the United States Code, the Administrator shall consider such
        information confidential in accordance with the purposes of that
        section, except that such record, report,  document, or information may
        be disclosed to other officers, of the United States concerned with
        carrying out this Act, or when relevant in any proceeding under this
        Act.
                                 ENFORCEMENT
XVII    SEC. 3008.

             (a)  COMPLIANCE ORDERS. — Whenever, on the basis of any information,
        the Administrator determines that any person is in violation of any
        requirement of this subtitle, he shall give notice to the violator.  If
        such violation extends beyond the thirtieth day after notification, the
        Administrator may issue an order requiring compliance within a specified
        time period...

                  (3)  If such violator fails to take corrective action
             within the time specified in the order, the Administrator may
             suspend or revoke any permit issued to the violator.

IV           (b)  PUBLIC HEARING. — Any order or any suspension or revocation
        of a permit shall become final unless the person named therein requests
        a public hearing.  Upon such request the Administrator shall promptly
        conduct a public hearing.  In connection with and proceeding under this
IX      section, the Administrator may issue subpoenas for the attendance and
        testimony of witnesses and the production of relevant papers, books, and
        documents, and may promulgate rules for discovery procedures.

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                                       RCRA - 8
                                 EFFECTIVE DATE


         SEC. 3010.

X XI          (a)  PRELIMINARY NOTIFICATION. — Not later than ninety days after
         promulgation of regulations under section 3001 identifying or listing
         any substance as hazardous waste any person generating or transporting
         such substance or owning  or operating a facility for treatment, storage,
         or disposal of such  substance  shall file with the Administrator a
         notification stating the  location and general description of such
         activity and the identified or listed hazardous wastes handled.  Not
         more than one such notification shall be required with respect to the
         same substance.  No  identified or listed hazardous waste may be
         transported, treated, stored,  or disposed of unless notification has
         been given under this subsection...


               SUBTITLE D —  STATE OR REGIONAL SOLID WASTE PLANS
               [Subtitle D contains requirements for  the Administrator
              to develop criteria to assist  states in developing
              solid waste management plans.  However, this subtitle
              is not, in general, applicable to developing or
              disseminating  information on toxic substances and
              is, therefore, omitted.]
                     SUBTITLE F — FEDERAL RESPONSIBILITIES
               COOPERATION WITH ENVIRONMENTAL PROTECTION AGENCY
III      SEC. 6003.
              All Federal agencies having functions relating to solid waste or
         hazardous waste shall cooperate to the maximum extent permitted by law
         with the Administrator in carrying out his functions under this Act and
         shall make all appropriate information, facilities, personnel, and other
         resources available, on a reimbursable basis, to the Administrator upon
         his request.

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                                      RCRA -  9
              SUBTITLE H —  RESEARCH,  DEVELOPMENT,  DEMONSTRATION,
                               AND INFORMATION
                   RESEARCH,  DEMONSTRATION,  TRAINING, AND
                              OTHER ACTIVITIES
II      SEC.  8001.

HI          (a)   GENERAL AUTHORITY.  —  The Administrator,  alone  or  after
        consultation with the Administrator of  the  Federal  Energy Administration,
        the Administrator of  the Energy  Research and Development  Administration,
        or the Chariman of the Federal Power Commission,  shall  conduct,  encourage,
        coordinate,  cooperate with,  and  render  financial  and  other assistance to
        appropriate  public and private agencies and institutions, and  individuals
        in the conduct of research,  investigations, experiments,  training,
        demonstrations, surveys, public  education-programs, and studies  relating
        to —

                  (1)  any adverse health and welfare effects of  the release
             into the environment of material present in  solid  waste,  and
             methods to eliminate such effects;...

                  (5)  the reduction of  the amount  of such  waste  and
             unsalvageable waste materials; ...

                  (10) improvements  in land disposal practices  for  solid waste
             (including sludge) which may reduce the adverse  environmental
             effects of such  disposal and other aspects of  solid  waste disposal
             on land, including means for reducing  the harmful  environmental
             effects of earlier and  existing landfills, means for rendering
             landfills safe for purposes of construction  and  other  uses, and
             techniques of recovering materials and energy  from landfills; ...

                  (12) methods of hazardous waste management, including methods
             of rendering such waste environmentally safe;  and

                  (13) any adverse effects on air quality (particularly with
             regard  to the emission  of heavy metals) which  result from solid
             waste which is burned (either alone or in conjunction  with other
             substances) for  purposes of disposal or energy recovery.

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                                      RCRA - 10
III          (b)  MANAGEMENT PROGRAM. —
                  (1)  (A)  In carrying out his functions pursuant to this
                  Act, and any other Federal legislation respecting solid
                  waste or discarded material research, development, and demon-
                  strations, the Administrator shall establish a management
                  program or system to insure the coordination of all such
                  activities and to facilitate and accelerate the process of
                  development of sound new technology (or other discoveries)
                  from the research phase, through development, and into the
                  demonstration phase.


              SPECIAL STUDIES; PLANS FOR RESEARCH, DEVELOPMENT,
                             AND DEMONSTRATIONS


II      SEC.  8002...

             (b)  COMPOSITION OF WASTE STREAM. — The Administrator shall undertake
        a systematic study of the composition of the solid waste stream and of
        anticipated future changes in the composition of such stream and shall
        publish a report containing the results of such study and quantitatively
        evaluating the potential utility of such components...

Ill          (f)  MINING WASTE. — The Administrator, in consultation with the
        Secretary of the Interior, shall conduct a detailed and comprehensive
        study on the adverse effects on the environment, of solid waste from
        mines including effects on humans, water, air, health, welfare, and
        natural resources, and on means currently employed to dispose of and
        utilize such solid wastes and to prevent or substantially mitigate such
        adverse effects.   Such study shall include an analysis of —

                  (1)  the sources and volume of discarded material generated
             per year from mining;

                  (2)  present disposal practices;

                  (3)  potential dangers to human health and the environment
             from surface runoff of leachate and air pollution by dust;

                  (4)  alternatives to current disposal methods;

                  (5)  the cost of those alternatives in terms of the impact on
             mine product costs;  and

                  (6)  potential for use of discarded material as a secondary
             source of the mine product.

        The Administrator shall publish a report and shall include findings and
        recommendations.

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                                     RCRA - 11
            (g)  SLUDGE. — The Administrator shall undertake a comprehensive
       study on sludge.  Such study shall include an analysis of —

                 (1)  types of solid waste to be classified as sludge;

                 (2)  effects of air and water pollution legislation on the
            creation of sludge;

                 (3)  amounts of sludge originating in each State and in each
            industry producing sludge;

                 (4)  methods of disposal, including cost, efficiency, and
            effectiveness of such methods;

                 (5)  alternative methods for the use of sludge, including
            agricultural applications of sludge and energy recovery from
            sludge; and

                 (6)  methods to reclaim sludge disposal or sludge-damaged
            areas.

            (1)  COMPLETION OF RESEARCH AND STUDIES. ^- The Administrator shall
       complete the research and studies, and submit the reports, required
       under subsections (b) , (c) , (d) , (e) , (f ) , (g) , and (k) not later than
       October 1, 1978. He shall complete the research and studies, and submit
       the reports, required under subsections (a), (h) , (i) , and (j) not later
       than October 1, 1979.  Upon completion of each study the Administrator
       shall prepare a plan for research, development, and demonstration
       respecting the findings of the study and shall submit any legislative
       recommendations resulting from such study to Congress.
                COORDINATION, COLLECTION, AND DISSEMINATION
                              OF INFORMATION
II     SEC. 8003.
            (a) INFORMATION. — The Administrator shall develop, collect,
       evaluate, and coordinate information on — ...

                 (6)  hazardous so^Lid waste, including incidents of  damage
            resulting from the disposal of hazardous solid wastes; inherently
            and potentially hazardous solid wastes; methods of neutralizing
            or properly disposing of hazardous solid wastes;  facilities  that
            properly dispose of hazardous wastes ;. . .

            (b)  LIBRARY. —

                 (1)  The Administrator shall establish a central  reference
            library for materals collected pursuant to subsection  (a)  above
            . . . and other data and information with respect to —  ...

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                                      RCRA - 12


                       (ill)   the various systems and technologies for
                  collection, transport, storage, treatment, and final
                  disposition of solid waste, and

                       (iv)    other aspects of solid waste and hazardous
                  solid waste management.

             Such central reference library shall also contain ... subject to
             any confidentiality requirements, information respecting any aspect
             of solid waste provided by employees of EPA which may be of value
             to Federal,  State, and local authorities and other persons.

                  (2)  Information in the central reference library shall, to
             the extent practicable, be collated, analyzed, verified, and
             published and shall be made available to State and local govern-
             ments and other persons at reasonable times and subject to such
             reasonable charges as may be necessary to defray expenses of making
             such information available.

XIV          (e)  INFORMATION PROGRAMS. —

                  (1)  The Administrator shall implement a program for the rapid
             dissemination of information on ... hazardous waste management ...
             including the results of any relevant research, investigations,
             experiments, surveys, studies or other information which may be
             useful in the implementation of new or improved solid waste
             management practices and methods and information on any other
             technical, managerial, financial, or market aspect of resource
             conservation and recovery facilities...

Ill          (f)  COORDINATION. — In collecting and disseminating information
        under this section, the Administrator shall coordinate his actions and
        cooperate to the  maximum extent possible with State and local authorities.

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                     PUBLIC LAW 92-516 — October 21, 1972

             "THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT"
           SEC. 2. DEFINITIONS.

                For purposes of this Act —  ...

XVI             (e) CERTIFIED APPLICATOR, ETC.

                      (1) Certified Applicator.— "Certified applicator" means
                any individual who is certified to use or supervise the use
                of any pesticide which is classified for restricted use.

XVI                   (2) Private Applicator.— "Private applicator" means a
                certified applicator who uses or supervises the use of any
                pesticide which is classified for restricted use for purposes
                of producing any agricultural commodity on property owned or
                rented by him or his employer or (if applied without compensation
                other than trading of personal services between producers of
                agricultural commodities) on the property of another person.

XVI                   (3) Commercial Applicator. — "Commercial applicator"
                means a certified applicator (whether or not he is a private
                applicator with respect to some uses) who uses or supervises
                the use of any pesticide which is classified for restricted use
                for any purpose or on any property other than as provided by
                paragraph (2)...

XVI             (n)   INGREDIENT STATEMENT. — "Ingredient statement" means a
           statement which contains —

                      (1) the name and percentage of each active ingredient,
                and the total percentage of  all inert ingredients, in  the
                pesticide; and

                      (2) if the pesticide contains arsenic, a statement of the
                percentages of total and water soluble arsenic, calculated
                as elementary arsenic...

                (p) LABEL AND LABELING.—

                      (1) Label. — "Label" means the written, printed, or graphic
                matter on, or attached to, the pesticide or device or  any
                of its containers or wrappers.

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                                        FIFRA -  2
XVI                  (2)  Labeling.  —  "Labeling" means  all  labels  and all
               other written, printed,  or  graphic matter  —

                          (A)  accompanying the  pesticide  or device at any
                    time; or

                          (B)  to which  reference is made on  the  label or in
                    literature accompanying the pesticide or device.

XVI            (q)  MISBRANDED.—

                     (1)  A pesticide is misbranded if —

                          (A)  its labeling  bears any  statement,  design, or
                    graphic representation which is  false or misleading;

                          (B)  it is  contained  in a package which does not conform
                    to the standards established by  the Administrator pursuant
                    to section 25(c)(3)  [pesticide packaging];

                          (C)  it is  an  imitation of,  or  is offered  for sale under
                    the name  of, another pesticide;

                          (D)  its label  does not bear the  registration number
                    assigned  under  section 7  to each establishment in which it
                    was produced;

                          (E)  any word,  statement, or other  information required
                    by or under authority  of  this Act to  appear on the label
                    or labeling is  not  prominently placed thereon with such
                    conspicuousness and in such terms as  to  render it likely
                    to be read and  understood by the ordinary individual under
                    customary conditions of purchase and  use;

                         (F)  the labeling  accompanying  it does not contain
                    directions for  use which are necessary  for  effecting the
                    purpose for which the  product is intended and if complied
                    with, together  with any requirement imposed under section
                    3(d)  of this Act, is adequate to protect health and the
                    environment;

                         (G) the label does not contain a warning or caution
                    statement which may be  necessary and  if  complied with,
                    together with any requirements imposed under section 3(d)
                    of this Act,  is adequate to protect health and the environ-
                    ment.

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                    FIFRA - 3
(2)  A pesticide is misbranded If —

     (A)  the label does not bear an ingredient statement
on that part of the immediate container which is presented
or displ/ayed under customary conditions of purchase,
except that a pesticide is not misbranded under this
subpara/graph if:

          (i) the size or form of the immediate container,
     -makes it impracticable to place the ingredient statement
     on the part which is presented or displayed under
     customary conditions of purchase; and

          (ii) the ingredient statement appears prominently
     on another part of the immediate container permitted
     by the Administrator;

     (B) the labeling does not contain a statement of the
use classification under which the product is registered;

     (C) there is not affixed to its container, a label
bearing —

          (i) the name and address of the producer,
     registrant, or person for whom produced;

          (ii) the name, brand, or trademark under which
     the pesticide is sold;

          (iii) the net weight or measure of the content:
     Provided, that the Administrator may permit reasonable
     variations; and

          (iv) when required by regulation of  the Admin-
     istrator to effectuate the purposes of this Act, the
     registration number assigned to the pesticide under
     this Act, and the use classification; and

     (D) the pesticide contains any substances or substances
in quantities highly toxic to man, unless the  label bears,
in addition to any other matter required by this Act  —

          (i) the skull and crossbones;

          (ii) the word '"poison" prominently  in red
     on a background of distinctly contrasting color; and

          (iii) a statement of a practical treatment
     (first aid or otherwise) in case  of poisoning by the
     pesticide...

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                                          FIFRA - 4


 XVI             (x)  PROTECT HEALTH AND THE ENVIRONMENT.  -- "Protect health
            and the environment" and "protection of health and the environment"
            mean protection against any unreasonable adverse effects on the
            environment...

 XVI             (bb)   UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT.  ~
            "Unreasonable  adverse effects on the environment" means any unreason-
            able risk to man or the environment, taking into account the economic,
            social, and environmental costs and benefits of the use of  any
            pesticide...


 X          SEC.  3. REGISTRATION OF PESTICIDES.

                 (a)  REQUIREMENT.  — Except as otherwise provided by this Act,
            no  person in any State may distribute, sell,  ship, deliver  for
            shipment,  or receive and (having so received) deliver or offer  to
            deliver,  to any person any pesticide which is not registered with  the
            Administrator...

                 (c)   PROCEDURES FOR REGISTRATION. —

                      (1)  Statement Required.  — Each applicant for registration
                 of a pesticide shall submit to the Administrator a statement
                 which includes —

                           (A)  the name and address of the applicant and of any
                      other person whose name  will appear on the labeling;

                           (B)  the name of the pesticide;

XV                         (C)  a complete copy of the labeling of the pesticide,
                      a statement  of all claims to be made for it,  and  any
                      directions for its use;

I                          (D)  if  requested by the Administrator, a full description
                      of the tests made and the results thereof upon which  the
                      claims are based...;

                           (E)  the complete formula of the pesticide; and

                           (F)  a request that  the pesticide be classified for general
                     use,  for  restricted use, or for both.

XII                   (2) Data  In  Support Of Registration.  — The Administrator
                 shall  publish  guidelines specifying the  kinds of information
                 which  will be  required to support the registration of  a pesticide
                 and shall  revise  such guidelines from time to time.  If thereafter
                 he requires any additional kind of information,  he shall permit
                 sufficient time for applicants to obtain such additional infor-
                 mation.  Except as provided by subparagraph (c)(1)(D)  above and

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                                       FIFRA -  5
              section 10  below [confidentiality], within 30 days after  the
              Administrator  registers a pesticide under this Act he  shall make
              available to the public the  data called for  in the registration
              statement together with such other scientific information as
              he deems relevant to  his decision...

                   (5) Approval of Registration. — The Administrator  shall
              register a  pesticide  if he determines that,  when considered with
              any restrictions imposed under  subsection (d) —

                       (A)  its composition is such as to  warrant  the proposed
                   claims for  it;
XV
                       (B)  its labeling and  other material required to be
                   submitted comply with the  requirements  of this  Act;

                       (C)  it will perform its  intended function  without
                   unreasonable adverse effects  on the environment;  and

                       (D)  when used in accordance with widespread  and
                   commonly  recognized practice  it will not generally cause
                   unreasonable adverse effects  on the environment.

                   (6) Denial  Of Registration. — If the Administrator  determines
              that the requirements of paragraph (5) for registration are not
              satisfied,  he  shall notify the  applicant for registration of
              his determination and of his reasons (including the  factual basis)
              therefor, and  that, unless the  applicant corrects  the  conditions
              and notifies the Administrator  during the 30-day period beginning
              the day after  the date on which the applicant receives the notice,
              the Administrator may refuse to register the pesticide...

              (4)  CLASSIFICATION OF PESTICIDES. —

                   (1) Classification For General Use, Restricted Use, Or
              Both. —

                        (A)  As part of the registration of a  pesticide, the
                   Administrator shall classify  it as being  for  general use
                   or for restricted use,  provided that if the Administrator
                   determines  that  some of the uses for which it is  registered
                   should be for general use  and that other  uses for which
                   it is  registered should be for  restricted  use,  he shall
                   classify  it for  both general  use and restricted use.  If
                   some of the uses of the pesticide  are  classified for
                   general use and  other uses are  classified  for restricted
                   use, the  directions relating  to  its  general  uses shall be
                   clearly separated and distinguished  from those directions
^                 relating  to its  restricted uses:   Provided,  however, that
                   the Administrator may require that its packaging and
                   labeling  for restricted uses  shall be clearly distinguishable
                   from  its  packaging  and  labeling for  general uses.

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                              FIFRA - 6
SEC. 4. USE OF RESTRICTED USE  PESTICIDES; CERTIFIED APPLICATORS.

     (a)  CERTIFICATION PROCEDURE. —

          (1) Federal Certification. --  Subject to paragraph (2)
     below, the Administrator  shall prescribe standards for the
     certification of applicators of pesticides.  Such standards
     shall provide that an  individual must be determined to be
     competent with  respect to the use and handling of pesticides,
     or to the use and handling of the pesticide or class of
     pesticides covered by  such individual's certification:
     Provided, however, that the certification standard for a private
     applicator shall be deemed fulfilled by his completing a certifi-
     cation form.  The Administrator shall further assure that such form
     contains adequate information and affirmations to carry out the
     intent of this  Act, and may include in the form an affirmation that
     the private applicator has completed a training program approved by
     the Administrator so long as the program does not require the
     private applicator to  take, pursuant to a requirement prescribed by
     the Administrator, any examination to establish competency in the
     use of the pesticide.   The Administrator may require any pesticide
     dealer participating in a certification program to be licensed
     under a State licensing program approved by him.

          (2)  State Certification. — If any State, at any time,
     desires to certify applicators of pesticides, the Governor of
     such State shall submit a State plan for such purpose...


SEC. 5.  EXPERIMENTAL USE PERMITS.

     (a)  ISSUANCE.  — Any  person may apply to the Administrator for
an experimental use  permit  for a pesticide.  The Administrator may
issue an experimental use permit If he determines that the applicant
needs such permit In order  to  accumulate Information necessary to
register a pesticide under  section 3.  An application for an
experimental use permit may be filed at the time of or before or
after an application for registration is filed.

     (b)  TEMPORARY  TOLERANCE  LEVEL.  — If the Administrator
determines that the  use of  a pesticide may reasonably be expected
to result in any residue on or In food or fuel, he may establish a
temporary tolerance  level for  the residue of the pesticide before
Issuing an experimental use permit.

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                                       FIFRA -  7


              (c)  USE UNDER PERMIT.  —  Use  of a pesticide under an  experimental
         use permit shall  be under  the  supervision of  the Administrator,  and
         shall be  subject  to such  terms and conditions and be  for such period  of
         time as the Administrator  may  prescribe  in  the permit.

I             (d)   STUDIES.  —  When any experimental use permit Is  issued for  a
XII      pesticide containing any  chemical  or combination of chemicals which has
         not been  included in any  previously registered pesticide,  the Administrator
         may specify that  studies  be conducted  to detect whether the  use  of the
         pesticide under the permit may cause unreasonable adverse  effects on  the
         environment.  All results  of such  studies shall be reported  to  the
         Administrator before such pesticide may  be  registered under  section 3...

              (f)   STATE ISSUANCE  OF PERMITS.   ~ Notwithstanding the foregoing
         provisions of this section, the Administrator may, under such terms and
         conditions as he  may by regulation prescribe, authorize any  State to
         issue an  experimental  use permit for a pesticide.


XVH     SEC. 6. ADMINISTRATIVE REVIEW; SUSPENSION.

              (a)  CANCELLATION  AFTER FIVE YEARS.  —  ...

                   (2) Information.  — If  at any time after  the registration
              of a pesticide the registrant has additional factual  information
              regarding unreasonable adverse effects on  the environment  of
              the  pesticide, he shall submit such Information  to  the
              Administrator.

              (b)  CANCELLATION  AND CHANGE IN CLASSIFICATION.   ~  If it appears to
         the Administrator that a  pesticide or  its  labeling or other  material
  v'       required  to be submitted  does  not  comply with the provisions of this  Act
         or, when used in accordance with widespread and  commonly  recognized
         practice, generally causes unreasonable  adverse  effects  on the
         environment, the Administrator may issue a notice of  his  intent either —

                   (1)  to cancel  its registration or  to  change its classification
              together with the reasons (including factual basis)  for his action,
              or

                   (2)  to hold a  hearing to  determine whether or not its
              registration should  be cancelled  or its  classification changed.

         At least 60 days before publishing such notice the  Administrator shall
         provide the Secretary  of  Agriculture a copy of the notice along with an
         analysis of any impact on  the  agricultural economy.   If the Secretary
         comments, the Administrator must publish those comments along with his
         response in the Federal Register  ...

              In taking any final action under this subsection, the  Administrator
         shall include among those  factors to be taken into account  the  impact of

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                                        FIFRA - 8
          such final action on production and prices of agricultural commodities,
          retail food prices, and otherwise on the agricultural economy, and he
          shall publish in the Federal Register an analysis of such impact.

 IV            (c)  SUSPENSION. —

                    (1)  Order. — ...

                    Except in the case of emergency orders, the Administrator
               shall notify the registrant prior to issuing a suspension order.
               Such notice shall include findings pertaining to the question of
               "imminent hazard".  The registrant shall then have an opportunity
               for an expedited hearing ...

 T              (d) PUBLIC HEARINGS AND SCIENTIFIC REVIEW. — In the event a
 V       hearing is requested pursuant to subsection (b) above or determined upon
          by the Administrator,'such hearing shall be held after due notice  for
          the purpose of receiving evidence relevant and material to the issues
          raised by the objections filed by the applicant or other interested
          parties, or to the issues stated by the Administrator, if the hearing is
          called by the Administrator rather than by the filing of objections.
          Upon a showing of relevance and reasonable scope of evidence sought by
 IX       any party to a public hearing, the Hearing Examiner shall issue a
          subpoena to compel testimony or production of documents from any
          person...

          ...Upon the request of any party to a public hearing and when in the
          Hearing Examiner's judgment it is necessary or desirable, the Hearing
 IV       Examiner shall at any time before the hearing record is closed refer to
          a Committee of the National Academy of Sciences the relevant questions
          of scientific fact involved in the public hearing.   The Committee of
          the National Academy of Sciences shall report in writing to the Hearing
 XIV       Examiner within 60 days after such referral on these questions of
          scientific fact.  The report shall be made public and shall be considered
          as part of the hearing record.


 X         SEC.  7. REGISTRATION OF ESTABLISHMENTS.

               (a)  REQUIREMENT.  — No person shall produce any pesticide subject
          to this Act unless the establishment in which it is produced is
          registered with the Administrator.   The application for registration of
          any establishment shall include the name and address of the establish-
          ment  and of the producer who operates such establishment.

               (b)  REGISTRATION.  — Whenever the Administrator receives an application
          under subsection (a),  he shall register the establishment and assign  it
          an establishment  number.

XII            (c)   INFORMATION REQUIRED.  —

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                                       FIFRA - 9


                   (1) Any producer operating an establishment  registered
              under this section shall inform the Administrator within 30
              days after it is registered of the types  and amounts  of
              pesticides —

                        (A) which he is currently producing;

                        (B) which he has produced during the  past year;  and

                        (C) which he has sold or distributed  during the past
                   year.

              The information required by this paragraph shall  be kept current
              and submitted to the Administrator annually as  required  under
              such regulations as the Administrator may prescribe.

                   (2)  Any such producer shall, upon the request of the
              Administrator for the purpose of issuing  a stop sale  order
              pursuant to section 13, inform him of the name  and address
              of any recipient of any pesticide produced in any registered
              establishment which he operates.

XIV           (d) CONFIDENTIAL RECORDS AND INFORMATION. — Any  information
         submitted to the Administrator pursuant to subsection  (c)  shall be
         considered confidential and shall be subject to the  provisions of
         section 10.
         SEC. 8. BOOKS AND RECORDS.

              (a) REQUIREMENTS. — The Administrator may prescribe regulations
         requiring producers to maintain such records with respect to their
         operations and the pesticides and devices produced as he determines are
         necessary for the effective enforcement of this Act.  No records
         required under this subsection shall extend to financial data, sales
         data other than shipment data, pricing data, personnel data, and
         research data (other than data relating to registered pesticides or to a
         pesticide for which an application for registration has been filed).

VIII          (b) INSPECTION. — For the purposes of enforcing the provisions of
         this Act, any producer, distributor, carrier, dealer, or any other
         person who sells or delivers any pesticide or device subject to this
         Act, shall, upon request of any officer of the Environmental Protection
         Agency or of any State or political subdivision designated by the
         Administrator, furnish or permit such person at all reasonable times to
         have access to, and to copy:  (1) all records showing the delivery,
         movement, or holding of such pesticide or device, including the quantity,
         the date of shipment and receipt, and the name of the consignor and
         consignee; or (2) in the event of the inability of any person to produce
         records containing such information, all other records and information
         relating to such delivery, movement, or holding of the pesticide or
         device.  Any inspection with respect to any records and  information

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                                       FIFRA - 10


         referred to in this subsection shall not extend to financial data,  sales
         data other than shipment data, pricing data,  personnel data,  and
         research data (other than data relating to registered pesticides  or to  a
         pesticide for which an application for registration has been filed).


VIII     SEC>  9'  INSPECTION OF ESTABLISHMENTS, ETC.

              (a) IN GENERAL. — For purposes of enforcing the provisions  of this
         Act,  officers of EPA are authorized to enter  at reasonable times,  any
         establishment or other place where pesticides or devices are held  for
         distribution or sale for the purpose of inspecting and obtaining  samples
         of  any pesticides or devices, packaged, labeled, and released for
         shipment, and samples of any containers or labeling for such pesticides
         or  devices.

         ...  If the officer obtains any samples, prior to leaving the premises,
         he  shall give the owner, operator, or agent in charge a receipt
         describing the samples obtained and, if requested, a portion of each
         sample equal in volume or weight to the portion retained.   If an
         analysis is made of such samples,  a copy of the results of such analysis
         shall be furnished promptly to the owner, operator, or agent in charge.

              (b) WARRANTS. — For purposes of enforcing the provisions of  this
         Act  and  upon a showing to an officer or court of competent jurisdiction
         that there is reason to believe that the provisions of this Act have
         been violated, officers or employees duly designated by the Administrator
         are  empowered to obtain and to execute warrants authorizing —

                    (1) entry for the purpose of this  section;

                    (2) inspection and reproduction of all records  showing
              the quantity, date of shipment, and the  name of consignor and
              consigneee of any pesticide or device found in the establishment
              which is adulterated, misbranded, not registered (in  the case
              of  a pesticide) or otherwise in violation of this Act and
              in  the event of the inability of any person to produce records
              containing such information,  all other records and information
              relating to such delivery, movement, or  holding of the
              pesticide or device...


XIV      SEC.  10.  PROTECTION OF TRADE SECRETS AND OTHER INFORMATION.

              (a)   IN GENERAL.  — In submitting data required by this  Act,  the
         applicant may (1)  clearly mark any portions thereof which  in his opinion
         are  trade secrets or commercial or financial  information,  and (2)  submit
         such  marked material separately from other material required  to be
         submitted under  this Act.

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                                       FIFRA - 11
              (b)  DISCLOSURE.  — Notwithstanding any other provision of this
         Act, the Administrator shall not make public information which in his
         judgment contains or relates to trade secrets or commercial or financial
         information obtained from a person and privileged or confidential,
         except that, when necessary to carry out the provisions of  this Act,
         information relating to formulas of products acquired by authorization
         of this Act may be revealed to any Federal agency consulted and may be
         revealed at a public hearing or in findings of fact issued  by the
         Administrator.

              (c)  DISPUTES.  — If the Administrator proposes to release for
         inspection information which the applicant or registrant believes to be
         protected from disclosure under subsection (b),  he shall notify the
         applicant or registrant, in writing, by certified mail.  The Administrator
         shall not thereafter make available for inspection such data until
         thirty days after receipt of the notice by the applicant or registrant.
         During this period,  the applicant or registrant may institute an action
         in an appropriate district court for a declaratory judgment as to
         whether such information is subject to protection under subsection (b).


         SEC. 11. STANDARDS APPLICABLE TO PESTICIDE APPLICATORS.

XII           (a)  IN GENERAL.  — No regulations prescribed by the Administrator
         for carrying out the provisions of this Act shall require any private
         applicator to maintain any records or file any reports or other documents.


XVII     SEC. 12. UNLAWFUL ACTS.

              (a)  IN GENERAL.  —

                   (1) Except as provided by subsection (b), it shall be
              unlawful for any person in any State to distribute, sell, offer
              for sale, hold for sale, ship, deliver for shipment, or receive
              and (having so received) deliver or offer to deliver,  to any
              person —

                        (A) any pesticide which is not registered under
                   section 3, except as provided by subsection  6(a)(l);

                        (B) any registered pesticide if any claims made for  it
                   as a part of its distribution or sale substantially differ
                   from any claims made for it as a part of the statement
                   required in connection with its registration ...;

                        (C) any registered pesticide the composition  of which
                   differs at the time of its distribution or  sale  from its
                   composition as described in the statement required in
                   connection with its registration...;

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                                        FIFRA - 12


XIV                      (D)  any pesticide which has not been colored or
                    discolored pursuant to the provisions of section 25(c)(5);

                         (E)  any pesticide which is adulterated or misbranded;  or

                         (F)  any device which is misbranded.

                    (2)  It shall be unlawful for any person —

                         (A)  to detach, alter, deface, or destroy, in whole or
                    in part,  any labeling required under this Act;

                         (B)  to refuse to keep any records required pursuant
                    to section 8, or to refuse to allow the inspection of any
                    records or establishment pursuant to section 8 or 9, or
                    to refuse to allow an officer or employee of the Environmental
                    Protection Agency to take a sample of any pesticide pursuant
                    to section 9...; ...

                         (D)  to use for his own advantage or to reveal, other
                    than to the Administrator, or officials or employees of
                    the  Environmental Protection Agency or other Fede.ral
                    executive agencies, or to the courts, or to physicians,
                    pharmacists, and and other qualified persons, needing such
                    information for the performance of their duties, in
                    accordance with such directions as the Administrator
                    may  prescribe,  any information acquired by authority of
                    this Act  which is confidential under this Act;

                         (E)  who is a registrant, wholesaler, dealer,  retailer,
                    or other  distributor to advertise a product registered  under
                    this Act  for restricted use without giving the classification
                    of the product  assigned to it under section 3;

                         (F)  to make available for use, or to use, any registered
                    pesticide classified for restricted use for some or all
                    purposes  other  than in accordance with section 3(d) and any
                    regulations thereunder;

                         (G)  to use any registered pesticide in a manner incon-
                    sistent with its labeling;

                         (H)  to use any pesticide which is under an experimental
                    use  permit contrary to the provisions of such permit;

                         (I)  to violate any stop sale, stop use,  removal or
                    seizure order issued by the Administrator under section 13;

                         (J)  to violate any suspension order issued under
                    section 6;

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                                       FIFRA - 13
                         (K) to violate any cancellation of registration of a
                   pesticide under section 6, except as provided by section
                         (L) who is a producer to violate any of the provisions
                   of section 7 [registration of establishments];

                         (M) to knowingly falsify all or part of any application
                   for registration, application for experimental use permit,
                   any information submitted to the Administrator pursuant to
                   section 7, any records required to be maintained pursuant to
                   section 8, any report filed under this Act, or any information
                   marked as confidential and submitted to the Administrator under
                   any provision of this Act;                            \

                         (N) who is a registrant, wholesaler, dealer, retailer, or
                   other distributor to fail to file reports required by this
                   Act;

                         (0) to add any substance to, or take a substance from,
                   any pesticide in a manner that may defeat the purpose of
                   this Act; or

XI                       (P) to use any pesticide in tests on human beings
                   unless such human beings (i) are fully informed of the
                   nature and purposes of the test and of any physical and
                   mental health consequences which are reasonably foreseeable
                   therefrom, and (ii) freely volunteer to participate in
                   the test.
XVII      SEC. 17.  IMPORTS AND EXPORTS

              (a)  PESTICIDES AND DEVICES INTENDED FOR EXPORT. — Notwithstanding
          any other provision of this Act, no pesticide or device shall  be  deemed
          in violation of this Act when intended solely for export  to any foreign
          country and prepared or packed according to the specifications or
          directions of  the  foreign purchaser,  except that producers of  such
          pesticides and devices shall be subject to section  8 of this Act
          (regarding keeping records and books  and inspections)...

XI            (b)  CANCELLATION NOTICES FURNISHED TO FOREIGN GOVERNMENTS.  —
          Whenever  a registration, or a cancellation or suspension  of  the
          registration of a  pesticide becomes effective, or ceases  to  be
          effective, the Administrator shall transmit through the State  Department
          notification thereof to the governments of other countries and to
          appropriate international agencies.

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                                        FIFRA -  14
                (c)  IMPORTATION  OF  PESTICIDES AND DEVICES. — The Secretary of the
          Treasury  shall notify the Administrator of  the arrival of pesticides and
          devices and  shall  deliver to  the Administrator, upon his request,
          samples of pesticides or devices which are  being imported into the
          United States, giving notice  to the  owner or consignee, who may appear
          before the Administrator and  have the right to introduce testimony.

Ill             (d)  COOPERATION  IN  INTERNATIONAL EFFORTS. — The Administrator
          shall, in cooperation with  the Department of State and any other
          appropriate  Federal agency, participate and cooperate in any inter-
          national  efforts to develop improved pesticide research and regulations.

                (e)  REGULATIONS.  — The Secretary of  the Treasury, in consultation
          with  the  Administrator,  shall prescribe regulations for the enforcement
          of subsection  (c)  above.
II        SEC. 20. RESEARCH AND MONITORING.

               (a)  RESEARCH.  — The Administrator  shall undertake research,
          including research by grant or  contract with other Federal agencies,
          universities, or others as may  be necessary to carry out the purposes of
          this Act, and he shall give priority  to research to develop biologically
          integrated alternatives for pest control.  The Administrator shall also
          take care to insure that  such research does not duplicate research being
          undertaken by any other Federal agency.

               (b) NATIONAL MONITORING PLAN. — The  Administrator shall formulate
          and periodically revise,  in cooperation with other Federal, State, or
          local agencies, a national plan for monitoring pesticides.

V              (c) MONITORING. — The Administrator  shall undertake such monitoring
          activities, including but not limited to monitoring in air, soil, water,
          man, plants, and animals, as may be necessary for the implementation of
          this Act and of the national pesticide monitoring plan.  Such activities
          shall be carried out in cooperation with other Federal, State, and local
          agencies.


          SEC. 21. SOLICITATION OF COMMENTS; NOTICE  OF PUBLIC
                   HEARINGS.

Ill            (a) The Administrator, before publishing regulations under this
          Act, shall solicit the views of the Secretary of Agriculture in
          accordance with the procedure described in section 25(a) below.

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                                      FIFRA - 15
        SEC. 25. AUTHORITY OF ADMINISTRATOR.

VII          (a) (1)   REGULATIONS.  — The Administrator is authorized in
             accordance with the procedure described in paragraph (2), to
             prescribe regulations to carry out the provisions of this Act.
             Such regulations shall take into account the difference in
             concept and usage between various classes of pesticides...

,.,.,.               (2)  Prior to publishing any proposed or final regulations
             under this subsection,  the Administrator shall provide the
             Secretary of Agriculture an opportunity to comment.  Any comments
             received shall be published with the proposal for final regulation
             along with the Administrator's response. ..

             (c) OTHER AUTHORITY. — The Administrator, after notice and
        opportunity for hearing, is authorized

                  (3) to establish standards (which shall be consistent with
             those established under the authority of.the Poison Prevention
             Packaging Act, Public Law 91-601) with respect to the package,
             container, or wrapping in which a pesticide or device is enclosed
             for use or consumption, in order to protect children and
             adults from serious injury or illness resulting from accidental
             ingestion or contact with pesticides or devices regulated by
             this Act as well as to accomplish the other purposes of this Act;

                  (4) to specify those classes of devices which shall be
             subject to any provision of paragraph 2(q)(l) [packaging and
             labeling] or section 7 [registration of establishments] of this
             Act upon his determination that application of such provision
             is necessary to effectuate the purposes of this Act;

yy                (5) to prescribe regulations requiring any pesticide to be
             colored or discolored if he determines that such requirement is
             feasible and is necessary for the protection of health and the
             environment; and

II                (6) to determine and establish suitable names  to be used in
             the ingredient statement.

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                               As Amended by

                    PUBLIC LAW 95-95 — August 7, 1977

                             "THE CLEAN AIR ACT"

                TITLE I ~ AIR POLLUTION PREVENTION AND CONTROL

               PART A — AIR QUALITY AND EMISSION LIMITATIONS
                   RESEARCH,  INVESTIGATION, TRAINING, AND
                              OTHER ACTIVITIES
IV      SEC. 103.
              (a)  The Administrator shall establish a national research and
        development program  for  the prevention and control of air pollution
        and as part of  such  program shall —

                   (1)   conduct and promote the coordination and acceleration
              of research,  investigations, experiments, demonstrations, surveys,
              and  studies relating to  the causes, effects, extent, prevention, and
              control of air  pollution;  ...

                   (3)   conduct investigations and research and make surveys
              concerning any  specific  problem of air pollution in cooperation
              with any air  pollution control agency with a view to recommending  a
              solution of such problem,  if he is requested to do so by  such
              agency or  if, in his judgment, such problem may affect any
              community  or  communities in a State other than that in which the
              source of  the pollution  is located; ...

              (b)  In carrying out the provisions of the preceding subsection  the
        Administrator is authorized to —

                   (1)   collect and make available, through publications  and
              other appropriate means, the results of  and other information
              pertaining to such  research and other activities  (including
              appropriate recommendations by him);

                   (2)   cooperate with other Federal departments  and  agencies,
              with air pollution  control agencies, with other public  and  private
              agencies,  institutions,  and organizations, and with any industries
              involved,  in  the preparation and  conduct of  such  research and  other
              activities;

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                              CAA - 2


           (3)  make grants  to air pollution control agencies, to other
     public or nonprofit private agencies, institutions, and organizations,
     and to individuals, for purposes stated in subsection (a)(1) above;

           (4)  contract with public or private agencies, institutions,
     or organizations, and  with individuals; ...

           (6)  collect and  disseminate,  in cooperation with other
     Federal departments and agencies, and with other public or private
     agencies, institutions, and organizations having related respon-
     sibilities, basic data on chemical, physical, and biological
     effects of varying air quality and  other information pertaining to
     air pollution and the  prevention and control thereof...

     (c)   In carrying out the provisions of subsection (a) of this
section the Administration  [sic] shall conduct research on, and survey
the results of other scientific studies  on, the harmful effects on the
health or  welfare of persons by the various known air pollutants.

     (d)   The Administrator is authorized to construct such facilities
and staff  and equip them as he determines to be necessary to carry out
his functions under this Act.

     (e)   If, in the judgment of the Administrator, an air pollution
problem of substantial significance may  result from discharge or
discharges into the atmosphere, he may call a conference concerning this
potential  air pollution problem to be held in or near one or more of the
places where such discharges are occurring.  All interested persons
shall be given an opportunity to be heard at such conference, either
orally or  in writing, and shall be permitted to appear in person or by
representative.  If the Administrator finds, on the basis of evidence
presented  at such conference, that the discharge or discharges, if
permitted, are likely to cause or contribute to air pollution subject to
abatement  under section 115, he shall send such findings, together with
recommendations concerning  the measures which he finds reasonable and
suitable to prevent such pollution, to the person or persons whose
actions will result in the  discharge or discharges involved; to air
pollution agencies of the State or States and of the municipality or
municipalities where such discharge or discharges will originate; and to
the interstate air pollution control agency, if any, in the jurisdictional
area of which any such municipality is located.  Such findings and
recommendations shall be advisory only...

     (f)   (1)  In carrying  out research pursuant to this Act, the
     Administrator shall give special emphasis to research on the
     short- and long-term effects of air pollutants on public health
     and welfare.  In the furtherance of such research, he shall
     conduct an accelerated research program  —

               (A)  to improve knowledge of the contribution of air
          pollutants to the occurrence of adverse effects on health,
          xncluding, but not limited to, behavioral physiological,
          toxicological,  and biochemical effects;  and

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                                     CM - 3
                       (B)   to  improve  knowledge  of  the  short- and  long-term
                  effects of air  pollutants on welfare.

                  (2)   In carrying  out  the provisions of this subsection  the
             Administrator  may  —

                       (A)   conduct epidemiological  studies of the  effects
                  of air pollutants on  mortality  and morbidity;

                       (B)   conduct clinical and  laboratory studies on  the
                  immunological,  biochemical, physiological, and  the  toxicological
                  effects including carcinogenic,  teratogenic, and  mutagenic
                  effects of air  pollutants;

                       (C)   utilize,  on a reimbursable basis, the facilities
                  of existing Federal scientific  laboratories and research
                  centers;

                       (D)   utilize the authority contained in paragraphs (1)
                  through  (4) of  subsection  (b) above; and

                       (E)   consult with other appropriate Federal  agencies
                  to assure that  research of studies conducted pursuant to
                  this subsection will  be coordinated with research and studies
                  of such other Federal agencies.
                 AIR QUALITY CRITERIA AND CONTROL TECHNIQUES

n      SEC.  108...

             (a)   (1)  ...  the Administrator shall publish, and keep current,
             a list  including each air pollutant —

                       (A)   which, causes or contributes to air pollution
                  endangering public health or welfare;

                       (B)   which results from numerous  or diverse mobile
                  or stationary sources;  and

                       (C)   ... for which he plans to issue air quality
                  criteria under this section.

                  (2)  The Administrator shall issue air quality criteria
             for  an  air pollutant within 12 months after he has included such
             pollutant in a list under paragraph (1).  Air quality criteria
             shall reflect the latest scientific knowledge indicating the kind
             and  extent of effects on public health or welfare expected from the
             presence of such pollutant.   The criteria shall  include information
             on —

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                              CAA - 4
                (A)  variable factors  (including atmospheric conditions)
          which may alter the effects of such air pollutant;

                (B)  the types of air pollutants which may interact
          with such pollutant to produce an adverse effect; and

                (C)  any known or anticipated adverse effects.

     (b)  (1)  With the issuance of criteria the Administrator shall,
     after consultation with appropriate advisory committees and Federal
     departments and agencies, issue to the States and appropriate air
     pollution control agencies information on air pollution control
     techniques, which information shall include data relating to the
     cost of installation and operation, energy requirements, emission
     reduction benefits, and environmental impact of the emission
     control technology.  Such information shall include available data
     on available technology and alternative methods of prevention and
     control of air pollution, and also include data on alternative
     fuels, processes, and operating methods which will result in
     elimination or significant reduction of emissions.

          (2)  To assist in the development of information on pollution
     control techniques, the Administrator may establish a standing
     consulting committee for each air pollutant listed, comprised of
     technically qualified individuals representative of State and local
     governments, industry, and the economic community.

     (c)  The Administrator shall from time to time review, and, as
appropriate, modify, and reissue any criteria or information on control
techniques issued pursuant to this section...

     (f)  (1) The Administrator shall publish and make available
     to appropriate Federal agencies, States, and air pollution
     control agencies,...

               (C)  information on measures which may be employed
          to reduce the impact of air pollution on public health
          or protect the health of sensitive or susceptible
          individuals or groups;  and

               (D)  information on the extent to which any process,
          procedure,  or method to reduce or control such air pollutant
          may cause an increase in the emissions or formation of any
          other pollutant.

          (2)  In publishing such information the Administrator shall
     also include an assessment of —

               (A)  the relative  effectiveness of such processes, pro-
          cedures, and methods;  ...

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                                        CAA - 5
                          (C)  the environmental, energy, and economic impact of
                    such  processes, procedures, and methods.
                     NATIONAL AMBIENT AIR QUALITY STANDARDS
IV        SEC. 109...
                (d)   (2)   (A)  The Administrator shall appoint an independent
                     scientific review committee composed of seven members
                     including at least one member of the National Academy of
                     Sciences, one physician, and one person representing State air
                     pollution control agencies.

                          (B)  Not later than January 1, 1980, and at five-year
                     intervals thereafter, the committee shall complete a review of
                     the  [air quality] criteria published under section 108 and the
                     national primary and secondary ambient air quality standards
                     promulgated under this section and shall recommend to the
                     Administrator any new national ambient air quality standards
                     and  revisions of existing criteria and standards as may be
                     appropriate under section 108 and subsection (b) of this
                     section.

                          (C)  Such committee shall also (i) advise the Administrator
                     of areas in which additional knowledge is required to appraise
                     the  adequacy and basis of existing, new, or revised national
                     ambient air quality standards, (ii) describe the research
                     efforts necessary to provide the required information,  (iii)
                     advise the Administrator on the relative contribution to air
                     pollution concentrations of natural as well as anthropogenic
                     activity, and (iv) advise the Administrator of any adverse
                     public health, welfare, social, economic, or energy effects
                     which may result from various strategies for attainment and
                     maintenance of such national ambient air quality standards.
                              IMPLEMENTATION PLANS
          SEC. 110.
                (a)   (1)  Each  State shall, after reasonable notice  and  public
                hearings, adopt and submit to the Administrator, within  nine
                months after  the promulgation of a national primary  ambient  air
                quality standard for any air pollutant,  a  plan which provides for
                implementation  maintenance, and enforcement of such  primary
                standard in each air quality control region within such  State.

                     (2)  The Administrator shall, within  four months after  the
                date  required for  submission of a plan under paragraph (1),  approve
                or disapprove such plan or each portion  thereof.   The Administrator
                shall approve such plan, or any portion  thereof,  if  he determines
                that  it was adopted after reasonable notice and  hearing and  that —

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                                           CM - 6


                            (C)   it includes provisions  for  establishment  and
                       operation of appropriate devices,  methods,  systems,  and
                       procedures necessary to (i)  monitor,  compile,  and analyze data
                       on ambient air quality and,  (ii)  upon request, make such data
                       available to the Administrator;

X                           (D)   it includes a program to provide  for the  enforcement
                       of emission limitations and  regulation of the modification,
                       construction, and operation  of any stationary  source,
                       including a permit program as required in parts  C and D of
                       this  act, and a permit or equivalent  program for any major
                       emitting  facility, within such region as necessary  to assure
                       (i) that  national ambient air quality standards  are achieved
                       and maintained; and (ii) that a procedure for review of the
                       location  of new sources to which  a standard of performance
                       will  apply prior to construction  or modification;...

V                           (F)  ... (ii) it provides requirements for installation of
XI1                    equipment by owners or operators  of stationary sources to
1                      monitor emissions from such  sources,  (iii)  for periodic reports
                       on the nature and amounts of such emissions; (iv) that such
                       reports shall be correlated  by the State agency  with any
                       emission  limitations or standards  established pursuant to this
                       Act,  which reports shall be  available at reasonable  times for
                       public inspection; ...

                       (4)   The  procedure referred  to in paragraph (2)(D)  for review,
                 prior to construction or modification,  of  the location of new
                 sources shall  (A)  provide for adequate  authority to prevent the
                 construction or modification of any new source to which  a standard
                 of performance under section 111  will  apply at any location which
                 the State  determines will prevent the  attainment or maintenance
                 within  any air quality control region within such State of a
                 national ambient air quality primary or secondary standard, and (B)
                 require that prior to commencing  construction or modification of
                 any such source,  the owner or operator  shall submit to such State
                 such  information as may be necessary to permit the State  to make a
                 determination  under clause (A)  in this  subparagraph...

                 (j)  As a  condition for issuance  of any permit,  the owner or
            operator of  each new or modified stationary  source must show  to the
            satisfaction of the permitting authority that the proposed technological
            system of  continuous emission reduction will enable such source to
            comply with  standards  of performance which are  to apply and that the
            construction or modification and operation of such source will be in
            compliance with all other requirements of this  Act.

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                                       CAA -  7
                        STANDARDS  OF  PERFORMANCE  FOR NEW
                              STATIONARY SOURCES
II       SEC.  111...
              (b)   (1)   (A)   The Administrator  shall  publish (and  from time
                   to time thereafter shall revise) a list  of  categories
                   of stationary sources.   He shall include a  category of  sources
                   in such list if in his  judgment it causes,  or contributes
                   significantly to,  air pollution which may reasonably be
                   anticipated to endanger public health or welfare...

              (f)   (2)   In determining priorities for promulgating standards
              of performance for categories of  major  stationary sources the
              Administrator shall consider —

                        (A)   the quantity  of air pollutant  emissions  which
                   each such category will emit, or will be designed  to emit;

                        (B)   the extent to which each such  pollutant  may
                   reasonably be anticipated to endanger public health or
                   welfare;  and

                        (C)   the mobility  and competitive nature of each  such
                   category of sources and the  consequent need for nationally
                   applicable new source standards of performance...

              (g)   (5)   Upon application by the Governor of a  State showing that
              the  Administrator has failed to list any air  pollutant which
              causes, or contributes to, air pollution which may reasonably be
              anticipated to result in an  increase in mortality or an increase in
              serious irreversible, or incapacitating reversible,  illness as a
              hazardous air pollutant under section  112, the Administrator shall
              revise the list of hazardous air  pollutants under such section to
              include such pollutant...

                   (7)   Unless later deadlines  for action of the  Administrator
              are  otherwise prescribed under this section or section  112, the
              Administrator shall, not later than three months following  the date
              of receipt of any application by  a Governor of a State, either —

                        (A)  find that such application does not contain  the
                   requisite showing and deny such application, or

                        (B)  grant such application and take the action required
                   under this subsection...

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                                           CAA - 8


                  (j;  (1)  (A)  Any person proposing to own or operate a new source
                       may request the Administrator for waivers from the require-
                       ments of this section for such source with respect to any air
                       pollutant to encourage the use of an innovative technological
                       system or systems of continuous emission reduction.  The
                       Administrator may grant a waiver if he determines that — ...

                                 (iii)  the owner or operator of the proposed
                            source has demonstrated to the satisfaction of the
                            Administrator that the proposed system will not cause
                            or contribute to any unreasonable risk to public health,
                            welfare, or safety in its operation, function, or
                            malfunction, and...

                       ... The Administrator may conduct such tests and may require
                       the owner or operator of the proposed source to conduct such
                       tests and provide such information as is necessary to carry
                       out clause (iii) above, of this subparagraph.  Such require-
                       ments shall include a requirement for prompt reporting of the
                       emission of any unregulated pollutant from a system if such
                       pollutant was not emitted, or was emitted in significantly
                       lesser amounts without the use of such system...


                       NATIONAL EMISSION STANDARDS FOR HAZARDOUS
                                    AIR POLLUTANTS


             SEC.  112.

                  (a)  For purposes of this section —

                       (1)  "Hazardous air pollutant" means an air pollutant for
                  which no ambient air quality standard is applicable and which in
                  the judgment of the Administrator causes, or contributes to, air
                  pollution which may reasonably be anticipated to result in an
                  increase in mortality or an increase in serious irreversible, or
                  incapaciting reversible, illness...


                  (b)  (1)  (A)   The Administrator shall publish (and shall from time
                       to time thereafter revise) a list which includes each
                       hazardous air pollutant for which he intends to establish
                       an emission standard under this section.

Iv                          (B)   Within 180 days after the inclusion of any air
                       pollutant in the list,  the Administrator shall publish
                       proposed regulations establishing emission standards for such
                       pollutant together with a notice of public hearing within

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                                        CAA - 9


                    thirty days.   Not later than 180  days  after  such publication,
                    the Administrator shall prescribe an emission standard,  unless
                    he finds,  on the basis of information  presented  at  such  hearings,
                    that such  pollutant clearly is  not a hazardous air  pollutant.
                    The Administrator shall establish any  standard at the level
                    which provides an ample margin  of safety to  protect the  public
                    health.

                         (C)   Any emission standard established  pursuant to  this
                    section shall become effective  upon promulgation.

                    (2)  The Administrator shall, from time  to time,  issue infor-
               mation on pollution control techniques for  air pollutants subject
               to the provisions of this section.

XVII           (c)  (1)  After the effective date of  any emission standard
               under this section —

                         (A)   no person may construct any  new source or modify
                    any existing source which will  emit an air pollutant to  which
                    a standard applies unless the Administrator  finds that such
                    source if  properly operated will  not cause emissions in
                    violation  of such standard, and

                         (B)   no air pollutant to which such standard applies may
                    be emitted from any stationary  source  in violation  of such
                    standard,  except that in the case of an  existing source  —

                              (i)  such standard shall not apply until  90 days
                         after its effective data,  and

X                             (ii) the Administrator  may grant a waiver permitting
                         such  source up to two years  to comply with  the standard,
                         if he finds that such period is necessary for  the
                         installation of controls and that steps will be taken
                         during the period of the waiver to  assure that the health
                         of persons will be protected from imminent  danger...
                       INSPECTIONS, MONITORING, AND ENTRY
          SEC. 114.
               (a)  For the purpose (i) of developing or assisting in the develop-
          ment of any implementation plan, any standard of performance, or any
          emission standard, (ii) of determining whether any person is in
          violation of any such standard or any requirement of a plan, or (iii) of
          carrying out any provision of this Act —

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                                       CAA - 10
VII                (1)   the Administrator may require any person who owns  or
V             operates  any emission source or who is subject to any requirement
              of  this Act to (A)  establish and maintain such records,  (B)  make
XII           such reports, (C)  install, use, and maintain such monitoring
              equipment or methods, (D)  sample such emissions (in accordance  with
              such methods, at such locations, at such intervals, and in such
              manner as the Administrator shall prescribe),  and (E)  provide such
              other information,  as he may reasonably require;  and

VIII               (2)   the Administrator or his authorized representative, upon
              presentation of his credentials —

                        (A)  shall have a right of entry to, upon, or through any
                   premises of such person or in which any records required to be
                   maintained under paragraph (1) of this section are located,
                   and

                        (B)  may  at reasonable times have access to  and  copy  any
                   records, inspect any monitoring equipment and method  required
                   under paragraph (1),  and sample any emissions which such
                   person is required to sample under paragraph (1). ..

              (c)   Any  records,  reports, or information obtained under subsection
         (a)  shall be available  to the public, except that upon a showing
         satisfactory to the Administrator by any person that records, reports,
         or  information, or particular part thereof, (other than emission  data)
         to  which the Administrator has access under this section if made  public
         would divulge  methods or processes entitled to protection as trade
         secrets,  the Administrator shall consider such information  confidential
         in  accordance  with the purposes of section 1905 of title 18 of  the
         United States  Code,  except that such information may be disclosed to
         other officers, employees, or authorized representatives of the United
         States concerned with carrying out this Act or when relevant in any
         proceeding under this Act.
                 PRESIDENT'S  AIR QUALITY ADVISORY  BOARD  AND
                              ADVISORY COMMITTEES
IV      SEC. 117.
              (a) In order  to  obtain  assistance in  the  development and  imple-
        mentation of the purposes  of this  Act  including  air quality criteria,
        recommended control techniques  standards,  research and development, and
        to encourage the continued efforts on  the  part of industry to  improve

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                              CAA - 11
air quality and to develop economically feasible methods for the control
and abatement of air pollution, the Administrator shall from time to
time establish advisory committees. Committee members shall include, but
not be limited to, persons who are knowledgable concerning air quality
from the standpoint of health, welfare, economics, or technology...

     (c)  Prior to —

          (1)  issuing criteria for an air pollutant under paragraph
     108(a)(2),

          (2)  publishing any list under subparagraph lll(b)(l)(A) or
          (3)  publishing any standard under subparagraph lll(b)(l)(B)
     or subparagraph 112(b) (1) (B) . . .

the Administrator shall, to the maximum extent practicable within the
time provided, consult with appropriate advisory committees, independent
experts, and Federal departments and agencies.
                 PART B ~ OZONE PROTECTION
         STUDIES BY ENVIRONMENTAL PROTECTION AGENCY
SEC. 153.

     (a)  The Administrator shall conduct a study of the cumulative
effect of all substances, practices, processes, and activities which may
affect the stratosphere, especially ozone in the stratosphere.  The
study shall include an analysis of the independent effects on the
stratosphere, especially such ozone in the stratosphere of —

          (1)  the release into the ambient air of halocarbons,

          (2)  the release into the ambient air of other sources
     of chlorine,

          (3)  the uses of bromine compounds, and

          (4)  emissions of aircraft and aircraft propulsion systems
     employed by operational and experimental aircraft.

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                                       CAA -  12
        The  study  shall  also include such physical,  chemical,  atmospheric,
        biomedical,  or other research and monitoring as may be necessary to
        ascertain  (A) any direct  or indirect  effects upon  the  public health and
        welfare  of changes in the stratosphere,  especially ozone  in the
        stratosphere, and (B)  the probable causes  of changes in the stratosphere,
        especially the ozone in the stratosphere.

              (b)   The Administrator shall undertake  research on —

                   (1)  methods to recover and recycle substances  which directly
              or  indirectly affect the stratosphere,  especially ozone in the
              stratosphere,

                   (2)  methods of preventing  the escape of such substances,

                   (3)  safe substitutes for such substances, and

                   (4)  other methods to regulate substances, practices, processes,
              and activities which may reasonably be  anticipated to affect the
              stratosphere,  especially ozone in the stratosphere...
                  RESEARCH AND MONITORING BY OTHER AGENCIES
II      SEC. 154.
              (a)  The Administrator  of  the National  Oceanic and Atmospheric
        Administration  shall  establish  a continuing  program of research and
        monitoring of the  stratosphere  for the purpose  of  early detection of
        changes in the  stratosphere  and climatic  effects of such changes.  Such
        Administrator shall on  or  before January  1,  1978,  and biennially
        thereafter,  transmit  a  report to the Administrator and the Congress on
        the findings of  such  research and monitoring.   Such report shall contain
        any appropriate  recommendations for legislation or regulation.

              (b)  The National  Aeronautics and Space Administration shall
        continue programs  of  research,  technology, and  monitoring of the
        stratosphere for the  purpose of understanding the  physics and chemistry
        of it and for the  early detection of potentially harmful changes in the
        ozone in it.  Such Administration shall transmit reports by January 1,
        1978, and biennially  thereafter,  to the Administrator and the Congress
        on the results of  the programs  authorized in this  subsection, together
        with any appropriate  recommendations for  legislation or regulation.

              (c)  The Director  of  the National Science  Foundation shall
        encourage and support ongoing stratospheric  research programs and
        continuing research programs that will increase scientific knowledge of
        the effects of changes  in  the ozone layer in the stratosphere upon
        living organisms and  ecosystems.  Such Director  shall transmit reports by

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                              CAA - 13
January 1, 1978, and biennially thereafter, to the Administrator and the
Congress on the results of such programs, together with any appropriate
recommendations for legislation or regulation.

     (d)  The Secretary of Agriculture shall encourage and support
continuing research programs that will increase scientific knowledge of
the effects of changes in the ozone in the stratosphere upon animals,
crops, and other plant life.  Such Secretary shall transmit reports by
January 1, 1978, and biennially thereafter, to the Administrator and the
Congress on the results of such programs, together with any appropriate
recommendations for legislation or regulation.

     (e)  The Secretary of Health, Education, and Welfare shall
encourage and support continuing research programs that will increase
scientific knowledge of the effects of changes in the ozone in the
stratosphere upon human health.  Such Secretary shall transmit reports
by January 1, 1978, and biennially thereafter, to the Administrator and
the Congress on the results of such programs, together with any
appropriate recommendations for legislation or regulation.

     (f)  In carrying out subsection (a) through (e) of this section,
the agencies involved (1) shall enlist and encourage cooperation and
assistance from other Federal agencies, universities, and private
industry, and (2) shall solicit the views of the Administrator with
regard to plans for the research involved so that any such research
will, if regulatory action by the Administrator is indicated, provide
the preliminary information base for such action.
     PART C — PREVENTION OF SIGNIFICANT DETERIORATION
                       OF AIR QUALITY

                          SUBPART 1

               *              *              *

                PRECONSTRUCTION REQUIREMENTS
SEC. 165.

     (a)  No major emitting facility on which construction  is  commenced
after the date of the enactment of this part, may be  constructed in any
area to which this part applies unless —

          (1)  a permit has been issued setting  forth emission
     limitations for such facility;

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                         CAA - 14
     (2)  the proposed permit has been subject to a review in
accordance with this section, the required analysis has been
conducted in accordance with regulations prpmulgated by the
Administrator, and a public hearing has been held with opportunity
for interested persons including representatives of the Admin-
istrator to appear and submit written or oral presentations on the
air quality impact of such source, alternatives thereto, control
technology requirements, and other appropriate considerations;

     (3)  the owner or operator of such facility demonstrates, that
emissions from construction or operation of such facility will not
cause, or contribute to, air pollution in excess of any (A) maximum
allowable increase or maximum allowable concentration for any
pollutant in any area to which this part applies more than one time
per year, (B) national ambient air quality standard in any air
quality control region, or (C) any other applicable emission
standard of performance under this Act;

     (4)  the proposed facility is subject to the best available
control technology for each pollutant subject to regulation under
this Act emitted from, or which results from, such facility;

     (5)  the provisions of subsection (d) with respect to
protection of class I areas have been complied with for such
facility;

     (6)  there has been an analysis of any air quality impacts
projected for the area as a result of growth associated with such
facility;

     (7)  the owner or operator agrees to conduct such monitoring
as may be necessary to determine the effect which emissions from
any such facility may have on air quality in any areas which may be
affected by emissions for such source; and

     (8)  . . . the Administrator has approved the determination of
best available technology as set forth in the permit...

(e)  (1)  The review provided for in subsection (a) above shall be
preceded by an analysis, in accordance with regulations of the
Administrator, conducted by any general purpose unit of local
government or by the applicant, of the ambient air quality at the
proposed site and in areas which may be affected by emissions from
such facility for each pollutant subject to regulation under this
Act which will be emitted from such facility. . .

     (3)  The Administrator shall promulgate regulations respecting
the analysis which — ...

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                                      CAA - 15
                        (B)  shall require analysis of the ambient air quality,
                  climate and meteorology, terrain, soils, and vegetation, and
                  visibility at the site of the proposed major emitting facility
                  and in the area potentially affected by the emissions from
                  such  facility for each pollutant regulated under this Act,
                  which will be emitted from, or which results from the con-
                  struction or operation of, such facility, the size and nature
                  of the proposed facility, and such other factors as may be
                  relevant in determining the effect of emissions from a
                  proposed facility on any air quality control region...
                PART D — PLAN REQUIREMENTS FOR NONATTAINMENT
                                    AREAS

                                 DEFINITIONS
         SEC.  171.

              For  the purpose of  this part and subpatagraph 110(a)(2)(I) above —

XVI                (1)   "Reasonable  further progress" means annual incremental
              reductions in  emissions of  the applicable air pollutant  (including
              substantial reductions in the early years following approval or
              promulgation of plan provisions under this part and subparagraph
              110(a)(2)(I) above, and regular reductions thereafter) which are
              sufficient,  in the  judgment of the Administrator to provide for
              attainment of  the applicable national ambient air quality  standard..

                                                       I
                         NONATTAINMENT PLAN PROVISIONS


         SEC.  172...

              (b)   The  plan  provisions required by subsection  (a)  above  shall  —
         • • •

                   (1)   be adopted by the State after reasonable notice  and
              public hearing;...

XII                (4)   include a comprehensive, accurate,  current inventory
              of actual emissions from all sources of each such pollutant for
              each such area...;

V                  (5)   expressly identify and quantify the emissions, if any, of
              any  such  pollutant  which will be allowed  to  result  from the
              construction and operation  of major new or modified  stationary
              sources for each such  area;

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                                        CAA ~  16


X                   (6)  require permits for the  construction and operation of new
              or modified major stationary sources  in accordance with section 173
              (relating to permit  requirements);...


                               PERMIT  REQUIREMENTS


X        SEC. 173.

              The permit program required by  paragraph  172(b)(6) above shall
         provide that permits  to construct and operate  may be issued if —

                    (1)  the permitting  agency determines  that —

                        (A)  by the time the  source is  to commence operation,
                    total allowable emissions  from  existing sources in the region,
                    from new or modified sources  which are riot major emitting
                    facilities, and from the proposed source will be sufficiently
                    less than total emissions  from  existing sources prior to the
                    application as  to  represent  (when required under section 172)
                    reasonable  further progress;  or

                        (B)  that  emissions resulting from the proposed new or
                    modified major  stationary  source will  not cause or contribute
                    to emission levels which exceed  the  allowance permitted for
                    such pollutant  for such area  from new  or modified major
                    stationary  sources under subsection  172(b) above;

                    (2)  the proposed  source is required to comply with the lowest
              achievable emission  rate;

                    (3)  the owner  or  operator of the proposed new or modified
              source has demonstrated that all major stationary sources owned or
              operated by such persons  in such State are  subject to emission
              limitations and  are  in  compliance, or on  a  schedule for compliance,
              with  all applicable  emission limitations  and standards under this
              Act;  and ...

         Any emission reductions required as  a precondition of the issuance of a
         permit under subparagraph (1)(A) above  shall be  legally binding before
         such permit may be issued.
                              REGULATION OF FUELS
X        SEC. 211.
              (a)  The Administrator may by regulation designate any fuel or fuel
         additive and, after such date or dates as may be prescribed by him, no

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                                      CAA - 17
        manufacturer or processor of any such fuel or additive may sell, offer
        for sale, or introduce into commerce such fuel or additive unless the
        Administrator has registered such fuel or additive in accordance with
        subsection  (b) of this section.

              (b)  (1)  For the purpose of registration of fuels and fuel
              additives, the Administrator shall require —

                       (A)  the manufacturer of any fuel to notify him
                  as to the commercial identifying name and manufacturer
                  of any additive contained in such fuel; the range
                  of concentration of any additive in the fuel; and the
                  purpose-in-use of any such additive; and

                       (B)  the manufacturer of any additive to notify
                  him as to the chemical composition of such additive.

                  (2)  For the purpose of registration of fuels and fuel
              additives, the Administrator may also require the manufacturer
              of any fuel or fuel additive —

     I                 (A)  to conduct tests to determine potential public
                  health effects of such fuel or additive (including, but
                  not limited to, carcinogenic, teratogenic, or mutagenic
                  effects), and

XII                    (B)  to furnish a description of any analytical
                  technique that can be used to detect and measure any
                  additive in such fuel, the recommended range of concentration
                  of such additive, and the recommended purpose-in-use of such
                  additive, and such other information as is reasonable and
                  necessary to determine the emissions resulting from the
                  use of the fuel or additive contained in such fuel, the
                  effect of such fuel or additive on the emission control
                  performance of any vehicle or vehicle engine, or the extent
                  to which such emissions affect the public health or welfare.

              Tests  under subparagraph  (A) shall be conducted in conformity
+j            with test procedures and protocols established by the Administrator.
              The results of such tests shall not be considered confidential.
XIV
                  (3)  Upon compliance with the provisions of  this subsection,
              including assurance that  the Administrator will receive changes in
              the information required, the Administrator shall register  such
              fuel or fuel additive.

              (c)  (1)  The Administrator may, from time  to  time on  the basis of
              information obtained under subsection  (b) of  this section  or
              other  information available  to him, by regulation,  control  or
              prohibit the manufacture, introduction into  commerce, offering for

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                                          CAA - 18


                 sale,  or sale of any fuel or fuel additive  for  use  in  a motor
                 vehicle or motor vehicle engine (A)  if  in the judgment of  the
                 Administrator any emission product of such  fuel or  fuel additive
                 causes,  or contributes,  to air pollution which  may  reasonably be
                 anticipated to endanger  the public health or welfare,  or  (B) if
                 emission products of such fuel or fuel  additive will impair  to a
                 significant degree the performance of any emission  control device
                 or  system which is in general use, or which the Administrator
                 finds  has been developed to a point where in a  reasonable  time
                 it  would be in general use were such regulation to  be
                 promulgated.

                      (2)  (A)  No fuel,  classes of fuels, or fuel additive may
                     be controlled or prohibited by the Administrator  pursuant
                      to clause (A) of paragraph (1)  except  after consideration of
                     all relevant medical and scientific evidence available
                      to him,  including consideration of other technologically
                     or economically feasible means of  achieving emission
                     standards under section 202.

                           (B)  No fuel or fuel additive may be  controlled  or
                     prohibited by the Administrator pursuant to clause (B) of
                     paragraph (1) except after consideration of available
                     scientific and economic data, including a  cost-benefit
                     analysis comparing  emission control devices or systems
                     which are or will be in general use and require the proposed
                     control  or prohibition with emission control devices  or
                     systems  which are or will be in general use and do not
                     require  the proposed control or prohibition.   On  request
IV                   of  a manufacturer of motor vehicle engines, fuels, or fuel
                     additives submitted within 10 days of  notice of proposed
                     rulemaking,  the Administrator shall hold a public hearing
                     and publish findings with respect  to any matter he is
                     required to consider under this subparagraph.  Such
                     findings shall be published at the time of promulgation
                     of  final regulations.

                           (C)   No fuel or fuel additive may be  prohibited  by the
                     Administrator under paragraph (1)  unless he finds, and
                     publishes such finding,  that  in his judgment such pro-
                     hibition will not cause the use of any other fuel or  fuel
                     additive which will produce emissions  which will  endanger
                     the public health or welfare  to the same or greater degree
                     than the use of the fuel or fuel additive  proposed to be
                     prohibited.

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                                      CM - 19


                            TITLE III -- GENERAL

                               ADMINISTRATION
VII     SEC. 301.
             (a)  (1)  The Administrator is authorized to prescribe such
             regulations as are necessary to carry out his functions under
             this Act.  The Administrator may delegate to any officer or employee
             of the Environmental Protection Agency such of his powers and
             duties under this Act, except the making of regulations, as he may
             deem necessary or expedient.
                GENERAL PROVISIONS RELATING TO ADMINISTRATIVE
                      PROCEEDINGS AND JUDICIAL REVIEW
        SEC. 307.

             (a)   (1)  In connection with any determination under section
             110(f)  [regional energy emergency] or section 202(b)(5) [auto-
             mobile  emission standard waivers], or for purposes of obtaining
IX           information under section 202(b)(4) [report to Congress —
             automobile emissions] or 211(c)(3) [regulation of fuels], the
             Administrator may issue subpoenas for the attendance and testimony
             of witnesses and the production of relevant papers, books, and
             documents, and he may administer oaths.  Except for emission data,
             upon  a  showing satisfactory to the Administrator by such owner or
             operator that such papers, books, documents, or information or
XIV          particular part thereof, if made public, would divulge trade
             secrets or secret processes, the Administrator shall consider such
             record, report, or information or particular portion thereof
             confidential in accordance with the purposes of section 1905 of
             title 18 of the United States Code, except that such paper, book,
             document, or information may be [disclosed] to other officers,
             employees, or authorized representatives of the United States
             concerned with carrying out this Act, to persons carrying out the
             National Academy of Sciences study and  investigation provided for
             in section 202(c), or when relevant in  any proceeding under this
             Act...

II           (d)   (3)  In the case of any rule under this Act, notice of
             proposed rulemaking shall be published  in the Federal Register,
             shall be accompanied by a statement of  its basis and purpose and
             shall specify the period available for  public comment.  The
             statement of basis and purpose shall  include a summary of —

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                                        CAA - 20
                         (A)  the factual data on which the proposed rule
                    is based;

                         (B)  the methodology used in obtaining the data and
                    in analyzing the data; and

                         (C)  the major legal interpretations and policy con-
                    siderations underlying the proposed rule.

               The statement shall also set forth or summarize and provide a
               reference to any pertinent findings,  recommendations, and comments
               by the Scientific Review Committee established under section 109(d)
               and the National Academy of Sciences, and,  if the proposal differs
               in any important respect from any of  these  recommendations, an
               explanation of the reasons for such differences.   All data, infor-
               mation, and documents referred to in  this paragraph on which the
               proposed rule relies shall be included in the docket on the date of
               publication of the proposed rule.
                                  POLICY REVIEW
ZI        SEC.  309.
               (a)   The Administrator shall review and comment in writing on the
          environmental impact of any:   (1) legislation proposed by any Federal
          department or agency,  (2)  newly authorized Federal projects  for construction
          and any major Federal agency  action,  and (3) proposed regulations published
          by  any department or agency of the Federal Government.  Such written
          comment shall be made public  at the conclusion of any such review.

               (b)   In  the event the Administrator determines that any such
          legislation,  action,  or regulation is unsatisfactory from the standpoint
          of  public  health or  welfare or environmental quality, he shall publish
          his determination and the  matter shall be referred to the Council on
          Environmental Quality.
                            AIR QUALITY  MONITORING
11        SEC.  319.
V
               Not  later  than  August  7,  1978,  the  Administrator  shall promulgate
          regulations  establishing  an air  quality  monitoring  system throughout  the
          United  States which  —

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                                      CAA - 21
                   (1)  utilizes uniform air quality monitoring criteria and
             methodology and measures such air quality according to a uniform
             air  quality index,

                   (2)  provides for air quality monitoring stations in major
             urban areas and other appropriate areas throughout the United
             States to provide monitoring such as will supplement  (but not
             duplicate) air quality monitoring carried out by the  States
             required under any applicable implementation plan,

                   (3)  provides for daily analysis and reporting of air quality
             based upon such uniform air quality index, and

                   (4)  provides for record-keeping with respect to such monitoring
             data and for  periodic analysis and reporting to the general public
             by the Administrator with respect to air quality based upon such
             data...
                      NATIONAL  COMMISSION  ON AIR QUALITY
IV       SEC.  323.
              (a)   There is  established  a National  Commission on Air Quality
         which shall study and report  to the  Congress on —

                   (1)   available alternatives,  including  enforcement mechanisms
              to protect and enhance the quality of the Nation's air resources  so
              as to promote  the public health and welfare  and to achieve the
              other purposes of the Act, including  achievement  and  maintenance  of
              national  ambient air quality  standards and,  in accordance with
              paragraph (b)(2) below,  the prevention of significant deterioration
              of air quality;

                   (2)   the  economic,  technology, and environmental consequences
              of achieving or not achieving the  purposes of  this Act and programs
              authorized by  it;...

                   (4)   air  pollutants not  presently regulated, which  pose or may
              in the future  pose a threat  to  public health or public welfare  and
              options available to regulate emissions of such pollutants;

                   (5)   the  adequacy of  research, development,  and demonstrations
              being carried  out by Federal, State,  local,  and nongovernmental
              entities  to protect and  enhance air quality; ...

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                                      CAA -  22
                   (8)   (A)  the  special problems of small businesses and
                   government  agencies  In  obtaining reductions of emissions from
                   existing sources  In  order  to offset Increases In emissions
                   from  new sources  for the purposes of  this Act; and

                        (B)  alternative strategies for  permitting (without
                   Impeding the achievement of national  ambient air quality
                   standards as expedltlously as possible) the construction and
                   modification of facilities In air quality control regions
                   currently exceeding  the national ambient air quality standard
                   for any pollutant regulated under the Act.

             (b)   (1)   Studies and  Investigations conducted pursuant to subsection
             (a) shall  Include the  effects of existing  or proposed national
             ambient air quality standards on employment, energy, and the
             economy (Including  State  and local) , their relationship to
             objective  scientific and  medical data collected to determine their
             validity,  as well as other social and environmental effects of
             national ambient air quality standards...

             (e)   The heads of the  departments, agencies, and Instrumentalities
        of the executive branch  of  the Federal Government shall cooperate with
        the Commission  In carrying out the requirements of this section, and
        shall furnish to the Commission such Information as the Commission deems
        necessary  to carry out this section. . .

             (g)  Reports shall  be submitted with regard to all Commission
        studies and Investigations, together with any appropriate recommendations,
        not later  than August 17, 1980.   Upon submission of such report or upon
        expiration of such three-year  period, whichever Is sooner, the Commission
        shall cease to exist.
              PROVISIONS OF PUBLIC LAW 95-95 WHICH DO NOT AMEND
              AND THEREFORE ARE NOT PARTS OF THE CLEAN AIR ACT

        (The section numbers below refer to the sections of 95-95 and not the
        Clean Air Act.)
                           UNREGULATED POLLUTANTS
n      SEC. 120.
             (b)  The Administrator of the Environmental Protection Agency shall
        conduct a study, In conjunction with other appropriate agencies,
        concerning the effect on the public health and welfare of sulfates,

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                                       CAA - 2'J
         radioactive pollutants, cadmium, arsenic, and polycycllc organic matter
         which are present or may reasonably be anticipated to occur in the
         ambient air.  Such study shall include a through investigation of how
         sulfates are formed and how to protect public health and welfare from
         the injurious effects, if any, of sulfates, cadmium, arsenic, and
         polycycllc organic matter.
            INTERAGENCY COOPERATION ON PREVENTION OF ENVIRONMENTAL
                       CANCER AND HEART AND LUNG DISEASE
HI      SEC. 402.
               (a)  Not later than November 7, 1977, there shall be established a
         Task Force on Environmental Cancer and Heart and Lung Disease (here-
         inafter referred to as the "Task Force").  The Task Force sliall Include
         representatives of the Environmental Protection Agency, the National
         Cancer Institute, the National Institute of Occupational Safety and
         Health, and the National Institute on Environmental Health Sciences, and
         shall be chaired by the Administrator (or hlH delegate).

               (b)  The Task Force shall —

                   (1)  recommend a comprehensive research program to determine
              and quantify the relationship between environmental pollution and
              human cancer and heart and lung disease;

                   (2)  recommend comprehensive strategies to reduce or eliminate
               the risks of cancer or such other diseases associated with
              environmental pollution;

                   (3)  recommend research and such other measures as may  be
              appropriate to prevent or reduce the incidence of environmentally-
              related cancer and heart and lung diseases;

                   (4)  coordinate research by, and stimulate cooperation
              between, the Environmental Protection Agency,  the Department of
              Health, Education and Welfare, and  such other  agencies  as may be
              appropriate to prevent environmentally-related cancer and heart and
               lung diseases; and

                   (5)  report to Congress, not later than August  7,  1978, and
              annually thereafter, on  the problems and  progress  In carrying ou}/
               this section.

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                                        CAA - 24
                                     STUDIES
II        SEC.  403.
               (a)   Not later than January 7,  1979,  the Administrator of  the
          Environmental Protection Agency, in  cooperation with the National
          Academy of Sciences,  shall study and report to Congress on (1)  the
          relationship between the size,  weight,  and chemical composition of
          suspended particulate matter (especially with respect to fine part-
          iculate matter)  and (2)  the availability of technology for controlling
          such particulate matter.

               (b)   The Administrator of  the Environmental Protection Agency shall
          conduct a study  and report to the Congress not later than January  1,
          1979,  on the effects on  public  health and  welfare of odors or odorous
          emissions, the sources of such  emissions,  the technology or other
          measures available for control  of such emissions and the costs  of  such
          technology or measures,  and the costs and  benefits of alternative
          measures or strategies to abate such emissions. Such reports shall
          include an evaluation of whether air quality criteria or national
          ambient air quality standards should be published under the Clean  Air
          Act  for odors, and what  other strategies or authorities under the  Clean
          Air  Act are available or appropriate for abating such emissions.

               (c)   (1)  Not later than August 7, 1978,  the Administrator
               of the Environmental Protection Agency shall publish throughout the
               United States a  list of all known chemical contaminants resulting
               from environmental  pollution which have been found in human tissue
               including blood,  urine, breast  milk,  and all other human tissue.
               Such list shall  be  prepared for the United States and shall
               indicate the approximate number of cases, the range of levels
               found,  and  the mean levels found.

                    (2)  Not later than January 7, 1979, the Administrator shall
               publish in  the same manner an explanation of what is known about
               the manner  in which the chemicals  described in paragraph (1)
               entered the environment and thereafter human tissue.

                    (3)  The Administrator,  in consultation with National
               Institutes  of Health,  the  National Center for Health Statistics,
               and  the National  Center for Health Services Research and Develop-
              ment,  shall,  if  feasible,  conduct  an  epidemiological study to
               demonstrate the  relationship between  levels of chemicals in the
               environment and  in  human tissue.   Such study shall be made in
               appropriate regions  or areas of the United States in order to
               determine any different results in such regions or areas.   The
               results of  such  study shall,  as soon  as practicable, be reported  to
               the appropriate  committee  of the Congress.

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                              CAA - 25
     (d)  The Administrator of the Environmental Protection Agency
shall conduct a study of air quality in various areas throughout the
country, including the Gulf Coast region. Such study shall include
analysis of liquid and solid aerosols and other fine particulate matter
and the contribution of such substances to visibility and public health
problems in such areas.  For the purposes of this study, the Admin-
istrator shall use environmental health experts from the National
Institutes of Health and other outside agencies and organizations.

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  [33 U.S.C. 466 et. seq. —  Last Amended December 1977]




                    "THE CLEAN WATER ACT"






     In the Federal Water Pollution Control Act Congress




assigned numerous specific information development and research




responsibilities to the Administrator.  In accordance with




our classification scheme, much of the Act should be assigned




to categories II and III.  Because the results of the required




studies represent a significant source of information on




current pollution patterns and pollution control technology,




we have included these sections.

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XVII
                 [33 U.S.C.  et  seq. — Amended December 1977]

                             "THE CLEAN WATER ACT"

                 TITLE  I --  RESEARCH AND RELATED PROGRAMS

                       DECLARATION OF GOALS AND POLICY
SEC. 101.

     (a)  (6)  It is the national policy that a major research
     and demonstration effort be made to develop technology necessary to
     eliminate the discharge of pollutants into the navigable waters,
     waters of the contiguous zone, and the oceans.

     (b) ....  It is further the policy of the Congress to support and
aid research relating to the prevention, reduction, and elimination of
pollution, and to provide Federal technical services and financial aid
to State and interstate agencies and municipalities in connection with
the prevention, reduction, and elimination of pollution...

     (f)  It is the national policy that to the maximum extent possible
the procedures utilized for implementing this Act shall encourage the
drastic minimization of paperwork and interagency decision procedures,
and the best use of available manpower and funds, so as to prevent
needless duplication and unnecessary delays at all levels of government.
              COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL
         SEC.  102.

              (a)  ....  For the purpose of establishing comprehensive programs for
         water pollution control,  the Administrator is authorized to make joint
         investigations with any Federal, State,  interstate and local agencies of
         the condition of any waters in any State or States, and of the dis-
         charges of any sewage, industrial wastes,  or substance which may
         adversely affect such waters.
               RESEARCH,  INVESTIGATIONS,  TRAINING AND INFORMATION


H       SEC.  104.
Ill
              (a)  The Administrator shall establish national programs for the
         prevention, reduction, and elimination of pollution and as part of such
         programs shall —

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                                           FWPCA - 2
                   (1)  in cooperation with other Federal, State, and local
             agencies, conduct and promote the coordination and acceleration of
             research, investigations, experiments, training, demonstrations,
             surveys, and studies relating to the causes, effects, extent,
             prevention, reduction and elimination of pollution;

                   (2)  encourage, cooperate with, and render technical services
             to pollution control agencies and other appropriate public or
             private agencies, institutions, and other organizations, and
             individuals, including the general public, in the conduct of
             activities referred to in paragraph (1) above;

                   (3)  conduct ... public investigations concerning the
             pollution of any navigable waters, and report the results;

IV                 (4)  establish advisory committees composed of recognized
             experts in various aspects of pollution and representatives of the
             public to assist in the examination and evaluation of research
             progress and proposals and to avoid duplication of research;

V                  (5)  ... establish, equip, and maintain a water quality
             surveillance system for the purpose of monitoring the quality of
             the navigable waters, ground waters, the contiguous zone and the
             oceans, and the Administrator shall, to the extent practicable,
             conduct such surveillance utilizing the resources of the National
             Aeronautics and Space Administration, the National Oceanic and
             Atmospheric Administration, the Geological Survey, and the Coast
             Guard, and shall report on such quality in the report required
             under subsection 516(a) below; and

                   (6)  initiate and promote the coordination and acceleration of
             research designed to develop the most effective practicable tools
             and techniques for measuring the social and economic costs and
             benefits of activities which are subject to regulation under this
             Act, and shall transmit a report on the results of such research to
             the Congress not later than January 1, 1974.

             (b)  In carrying out the provisions of subsection (a) above,
        the Administrator is authorized to —

                   (1)  collect and make available through appropriate means,
             the results of the research and other activities referred to in
             this section, as well as any other information or recommendations
             he has in regards to such research and activities;

                   (2)  cooperate with other Federal departments and agencies,
             State water pollution control agencies, interstate agencies, other
             public and private agencies, institutions, organizations, industries
             involved, and individuals, in the preparation and conduct of such
             research and other activities referred to in this section;

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                              FWPCA - 3
          (3)  make grants to State water pollution control agencies,
     interstate agencies, other public or non-profit private agencies,
     institutions, organizations, and individuals, for purposes stated
     in paragraph (1) of subsection (a) above;

          (4)  contract with public or private agencies, institutions,
     organizations, and individuals, without regard to sections 3648
     and 3709 of the Revised Statutes (31 U.S.C 529; 41 U.S.C. 5);...

          (6)  collect and disseminate ...,  basic data on chemical,
     physical, and biological effects of varying water quality and other
     information pertaining to pollution and the prevention, reduction,
     and elimination thereof; and

          (7)  develop effective and practical processes, methods, and
     prototype devices for the prevention,  reduction, and elimination of
     pollution.

     (c)  In carrying out the provisions of subsection 104(a) above, the
Administrator shall conduct research on,  and survey the results of other
scientific studies on, the harmful effects on the health or welfare of
persons caused by pollutants.  In order to avoid duplication of effort,
the Administrator shall, to the extent practicable, conduct such
research in cooperation with and through the facilities of the Secretary
of Health, Education, and Welfare.

     (d)  In carrying out the provisions of this section the Admin-
istrator shall develop and demonstrate under varied conditions
(including conducting such basic and applied research, studies, and
experiments as may be necessary);...

          (2)  Improved methods and procedures to identify and measure
     the effects of pollutants, including those pollutants created by
     new technological developments; and...

     (e)  The Administrator shall establish, equip, and maintain at
least six laboratory and research facilities..., for the conduct of
research, investigations, experiments, field demonstrations and studies,
and training relating to the prevention, reduction and elimination  of
pollution.  Insofar as practicable, each such facility shall be located
near institutions of higher learning in which graduate training in  such
research might be carried out.

     (f)  The Administrator shall conduct research and technical
development work, and make studies, with respect  to  the waters of  the
Great Lakes, including an analysis of  ..., an evaluation of municipal,
industrial, and vessel waste treatment and disposal  practices with
respect to such waters, and a study of alternate means of solving
pollution problems (including additional waste treatment measures)  with
respect to such waters...

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                              FWPCA - 4
     (h)  The Administrator is authorized to enter into contracts with,
or make grants to, public or private agencies and organizations and
individuals for the purpose of developing and demonstrating new or
improved methods for the prevention, removal, reduction, and elimination
of pollution in lakes...

     (i)  The Administrator, in cooperation with the Coast Guard, shall —

          (1)  engage in such research, studies, experiments, and demon-
     strations as he deems appropriate, relative to the removal of oil
     from any waters and to the prevention, control, and elimination of
     oil and hazardous substances pollution;

          (2)  publish from time to time the results of such activities;
     and...

In carrying out this subsection, the Administrator may enter into
contracts with, or make grants to, public or private agencies and
organizations and individuals...

     (1)  (1)  The Administrator shall, after consultation with
     appropriate agencies and organizations and not later than January
     1, 1973, develop and issue to the States the latest scientific
     knowledge available indicating the kind and extent of effects on
     health and welfare which may be expected from the presence of
     pesticides in the water in varying quantities.  He shall revise and
     add to such information whenever necessary to reflect developing
     scientific knowledge.

          (2)  The President shall, in consultation with appropriate
     agencies and organizations conduct studies and investigations of
     methods to control the release of pesticides into the environment
     which studies shall include examination of the persistency of
     pesticides in the water environment and alternatives thereto.  The
     President shall submit such reports, from time to time to Congress.

     (m)  (1)  The Administrator shall conduct a study of (A) the
     generation of used engine, machine, cooling, and similar waste oil,
     including quantities generated, the nature and quality of such oil,
     present collecting methods and disposal practices, and alternate
     uses of such oil; (B) the long-term chronic biological effects of
     the disposal of such waste oil; and (C) the potential market for
     such oils, including the economic and legal factors relating to the
     sale of products made from such oils, the level of subsidy, if any,
     needed to encourage the purchase by public and private non-profit
     agencies of products from such oil, and the practicability of
     Federal procurement, on a priority basis, of products made from
     such oil.

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                              FWPCA - 5
          (2)  The Administrator shall report the preliminary results
     of such study to Congress before April 18,  1973,  and shall submit
     a flinal report to Congress before April 18, 1974.
          (1)  The Administrator shall,  in cooperation with appropriate
     ^public bodies, private organizations, institutions,  and individuals,
     conduct, promote, and encourage contributions to, continuing
     comprehensive studies of the effects of pollution, including
     sedimentation, in the estuaries and estuarine zones  of the United
     States on fish and wildlife .... and on other beneficial purposes.
     Such studies shall also consider the effect of demographic trends,
     the exploitation of mineral resources and fossil fuels, land and
     industrial development, navigation, flood and erosion control,  and
     other uses of estuaries and estuarine zones upon the pollution  of
     the waters therein.

          (2)  In conducting such studies, the Administrator shall
     assemble, coordinate, and organize all existing pertinent infor-
     mation on the Nation's estuaries and estuarine zones; carry out a
     program of investigations and surveys to supplement  existing
     information in representative estuaries and estuarine zones; and
     identify the problems and areas where further research and study
     are required.

          (3)  The Administrator shall submit to Congress, from time to
     time, reports of the studies authorized by this subsection but  at
     least one such report during any six-year period.  Copies of each
     report shall be made available to all interested parties, public
     and private. . .

     (p)  In carrying out the provisions of subsection (a) above, the
Administrator shall, in cooperation with the Secretary of Agriculture,
other Federal agencies, and the States,  carry out a comprehensive study
and research program to determine new and improved methods of preventing,
reducing, and eliminating pollution from agriculture, including the
legal, economic, and other implications of the use of such methods...

     (r)  The Administrator is authorized to make grants to colleges and
universities to conduct basic research into the structure and function
of fresh water aquatic ecosystems, and to improve understanding of the
ecological characteristics necessary to the maintenance of the chemical,
physical, and biological integrity of freshwater aquatic ecosystems.

     (s)  The Administrator is authorized to make grants to one or more
institutions of higher education [regionally located and to be designated
as "River Study Centers"] for the purpose of conducting and reporting on
interdisciplinary studies on the nature of river systems, including
hydrology, biology, ecology, economics, the relationship between river
uses and land uses, and the effects of development within river basins
on river systems and on the value of water resources and water related
activities.  No such grant in any fiscal year shall exceed  $1,000,000...

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                                       FWPCA - 6
                      GRANTS FOR RESEARCH AND DEVELOPMENT


II       SEC.  105...
Ill
              (c)   In order to carry out the purposes of section 301 [effluent
         limitations], the Administrator is authorized to (1)  conduct in the
         Environmental Protection Agency, (2) make grants to persons, and (3)
         enter into contracts with persons, for research and demonstration
         projects  for prevention of pollution of any waters by industry
         including, but not limited to, the prevention,  reduction,  and elim-
         ination of the discharge of pollutants.  No grant shall be made for any
         project under this subsection unless the Administrator determines that
         such  project will develop or demonstrate a new or improved method of
         treating  industrial wastes or otherwise prevent pollution  by industry,
         which method shall have industry-wide application.

              (d)   In carrying out the provisions of this section,  the Admin-
         istrator  shall conduct, on a priority basis, an accelerated effort to
         develop,  refine,  and achieve practical application of:

                   (1)  waste management methods applicable to point and
              non-point sources of pollutants to eliminate the discharge of
              pollutants,  including, but not limited to, elimination of runoff
              of pollutants and the effects of pollutants from in-place or
              accumulated  sources;

                   (2)  advanced waste treatment methods applicable to point
              and  non-point sources, including in-place or accumulated sources
              of pollutants, and methods for reclaiming and recycling water and
              confining pollutants so they will not migrate to cause water or
              other environmental pollution; and

                   (3)  improved methods and procedures to identify and measure
              the  effects  of pollutants on the chemical, physical,  and biological
              integrity of water,  including those pollutants created by new
              technological developments.

              (e)   (1)  The Administrator is authorized to (A) make, in con-
              sultation with the Secretary of Agriculture, grants to persons for
              research and demonstration projects with respect to new and
              improved methods of  preventing, reducing,  and eliminating pollution
              from agriculture,  and (B) disseminate,  in cooperation with the
              Secretary of Agriculture, such information obtained under this
              subsection,  section  104(p)  above and section 304 [information and
              guidelines]  as will  encourage and enable the adoption of such
              methods in the agricultural industry ...

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                                       FWPCA -  7
                           IN-PLACE TOXIC  POLLUTANTS

II       SEC.  115.
Ill
              The Administrator is directed to  identify the location of  in-place
         pollutants with emphasis on toxic pollutants  in harbors  and navigable
         waterways and is authorized,  acting through the Secretary of the Army,
         to make contracts for the removal and  appropriate  disposal of such
         materials from critical port  and  harbor  areas...


                    TITLE II  — GRANTS FOR CONSTRUCTION OF
                                TREATMENT  WORKS
                      AREAWIDE WASTE TREATMENT MANAGEMENT
         SEC.  208...

              (b)   (2)   Any areawide waste treatment management plan shall
              include,  but not be limited to ...

XVII                    (K)  a process to control the disposal of pollutants
                   on land or in subsurface excavations within such area to
                   protect ground and surface water quality.
                     TITLE III — STANDARDS AND ENFORCEMENT

                             EFFLUENT LIMITATIONS
II       SEC.  301...
              (a)  Except in compliance with this section and sections 302, 306,
         307, 318, 402 and 404, the discharge of any pollutant shall be unlawful.

              (b)  [The Administrator shall establish and enforce the following
         effluent limitations based on availability of technology]...

              (c)  [modifications of requirements of effluent limitations]

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                                      FWPCA - 8
              (d)  Any effluent limitation required by paragraph  (b)(2)
        above,  shall be reviewed at  least every five years and,  if  appropriate,
        revised pursuant to  the procedure established under such paragraph...

              (g)-(l)    [modifications of requirements of effluent limitations]
              WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS


        SEC. 303...

IV           (c)   (1)  The Governor of a State or  the State water pollution
             control agency shall at least once  each three years hold public
             hearings for the purpose of reviewing, modifying and adopting
             applicable water quality standards.   Results of such review shall
             be made available  to the Administrator.

                   (2)  Whenever the State revises  or adopts a new standard, it
             shall be submitted to the Administrator...

                   (3)  If the Administrator, within sixty days, determines that
             a revised or new standard meets the requirements of this Act,
             it shall thereafter be the water quality standard for the applicable
             waters of that State.  If the Administrator determines that any
             such  standard is not consistent with  this Act, he shall, within 90
             days, notify the State and specify  the changes to meet such
             requirement.  If such changes are not adopted by the State, the
             Administrator shall promulgate such standard pursuant to paragraph
             (A) below.

                   (A)  The Administrator shall promptly prepare and publish
             proposed regulations setting forth  a  revised or new water quality
             standard for the navigable waters involved —

                       (A)  if  a revised or new  water quality standard submitted
                  by such State for such waters  is determined not to be
                  consistent with this Act, or

                       (B)  in  any case where the  Administrator determines that
                  a revised or  new standard is necessary to meet the require-
                  ments of this Act...

II           (d)   (1)  (A)  Each State shall identify those waters within its
                  boundaries for which the effluent limitations required by
                  subparagraph  301(b)(l)(A) and  subparagraph 301(b)(l)(B) are
                  not stringent enough to implement any water quality standard

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                              FWPCA - 9
          applicable to such waters.   The State shall establish a
          priority ranking for such waters,  taking into account the
          severity of the pollution and the  uses to be made of such
          waters...
                 INFORMATION AND GUIDELINES
SEC. 304...

     (a)  (1)  The Administrator shall develop and publish,  within
     one year, and periodically revise, criteria for water quality
     accurately reflecting the latest scientific knowledge (A)  on the
     kind and extent of all identifiable effects on health and  welfare
     including, but not limited to,  plankton,  fish, shellfish,  wildlife,
     plant life, shorelines, beaches, esthetics, and recreation which
     may be expected from the presence of pollutants in any body of
     water, including ground water;  (B) on the concentration and
     dispersal of pollutants, or their byproducts, through biological,
     physical, and chemical processes; and (C) on the effects of
     pollutants on biological community diversity, productivity, and
     stability, including information on the factors affecting  rates of
     eutrophication and rates of organic and inorganic sedimentation for
     varying types of receiving waters.

          (2)  The Administrator shall develop and publish, within one
     year, and periodically revise,  information (A) on the factors
     necessary to restore and maintain the chemical, physical,  and
     biological integrity of all navigable waters, ground waters, waters
     of the contiguous zone, and the oceans; (B) on the factors necessary
     for the protection and propagation of shellfish, fish, and wildlife
     for classes and categories of receiving waters and to allow
     recreational activities in and on the water; (C) on the measurement
     and classification of water quality; and (D) for the purpose of
     section 303 [water quality standards and implementation plans]
     on and the identification of pollutants suitable for maximum daily
     load measurement correlated with the achievement of water quality
     obj ectives.

          (3)  Such criteria and information and revisions shall be
     issued to the States, published in the Federal Register and
     otherwise made available to the public.

     (b)  For the purpose of adopting or revising effluent limitations
under this Act the Administrator shall publish and review at least
annually, regulations, providing guidelines for effluent limitations.
Such regulations shall —

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                          FWPCA - 10
     (1)  (A)  identify, in terms of amounts of constituents
     and chemical, physical, and biological characteristics of
     pollutants, the degree of effluent reduction attainable
     through the application of the best practicable control
     technology currently available for classes and categories of
     point sources (other than publicly owned treatment works); and

          (B)  specify factors to be considered when determining
     the control measures and practices to be applicable to point
     sources (other than publicly owned treatment works) within
     such categories or classes.  Factors relating to the assess-
     ment of best practicable control technology currently
     available to comply with subsection 301(b)(l) [1977
     requirements] shall include consideration of the total cost of
     application of technology in relation to the effluent
     reduction benefits to be achieved and shall also take into
     account the age of equipment and facilities involved, the
     process employed, the engineering aspects of the application
     of various types of control techniques, process changes, non-
     water quality environmental impact (including energy require-
     ments) , and such other factors as the Administrator deems
     appropriate;

     (2)  (A)  identify, in terms of amounts of constituents and
     chemical,  physical, and biological characteristics of
     pollutants, the degree of effluent reduction attainable
     through the application of the best control measures and
     practices achievable including treatment techniques, process
     and procedure innovations, operating methods, and other
     alternatives for classes and categories of point sources
     (other than publicly owned treatment works); and

          (B)  specify factors to be considered when determining
     the best measures and practices available to comply with
     subsection 301(b)(2) [1983 - 1987 requirements] to be applicable
     to any point source (other than publicly owned treatment
     works)  within such categories [or] classes.  Factors relating
     to the assessment of best available technology shall take into
     account the age of equipment and facilities involved, the
     process employed, the engineering aspects of the application
     of various types of control techniques, process changes, the
     cost of achieving such effluent reduction, non-water quality
     environmental impact (including energy requirements), and such
     other factors as the Administrator deems appropriate;

     (3)  identify control measures and practices available to
eliminate the discharge of pollutants from categories and classes
of point sources, taking into account the cost of achieving such
elimination of the discharge of pollutants; and ...

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                              FWPCA - 11
     (c)  The Administrator shall issue to the States and appropriate
water pollution control agencies [before July 1973] (and from time to
time thereafter) information on the processes, procedures, or operating
methods which result in the elimination or reduction of the discharge of
pollutants necessary to achieve standards of performance under section
306 of this Act.  Such information shall include technical and other
data, including costs, as are available on alternative methods of
elimination or reduction of the discharge of pollutants.  Such infor-
mation, and revisions shall be published in the Federal Register and
otherwise made available to the public...

     (e)  The Administrator may publish regulations for any specific
pollutant which he is charged with a duty to regulate as a toxic or
hazardous pollutant under section 307(a)(1) [toxic and pretreatment
effluent standards] or 311 [oil and hazardous substance liability]
of this Act, to control plant site runoff, spillage or leaks, sludge or
waste disposal, and drainage from raw material storage which the
Administrator determines are associated with or ancillary to the
industrial manufacturing or treatment process within such class or
category of point sources and may contribute significant amounts of such
pollutants to navigable waters.  Any applicable controls established
under this subsection shall be included as a requirement for the
purposes of section 301, 302, 306, 307, or 403, as the case may be, in
any permit issued to a point source pursuant to section 402 of this Act
[national pollutant discharge elimination],

     (f)  The Administrator shall issue, to appropriate Federal agencies,
the States, water pollution control agencies, and agencies designated
under section 208, before October 1973 and periodically thereafter,
information including (1) guidelines for identifying and evaluating the
nature and extent of nonpoint sources of pollutants, and  (2) processes,
procedures, and methods to control pollution resulting from 	

                (A)  agricultural and silvicultural activities, including
          runoff from fields and crop and forest lands;

                (B)  mining activities, including runoff and siltation
          from new, currently operating, and abandoned surface and
          underground mines;...

                (D)  the disposal of pollutants in wells or in subsurface
          excavations;  ...
                                                           •

Such information and revisions shall be published in the  Federal
Register and otherwise made available to the public.

     (g)  (1)  For the purpose of assisting States in  carrying out
     programs under section 402  [national pollutant discharge
     elimination], the Administrator shall publish and review or  revise

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                                        FWPCA - 12
               at let t annually,  guidelines for pretreatment of pollutants  which
               he determines are not susceptible to treatment by publicly owned
               treatment works.  Guidelines under this subsection shall  be
               established to control and prevent the discharge into the navigable
               waters,  the contiguous zone, or the ocean (either directly or
               through publicly  owned treatment works) of any pollutant  which
               interferes with,  passes through, or otherwise is incompatible with
               such works...

               (h)  The Administrator shall promulgate guidelines establishing
          test procedures for the  analysis of pollutants that shall include  the
          factors which must be  provided in any certification pursuant to section
          401 [certification] or permit application pursuant to section  402
          [national pollutant discharge elimination].

               (i)  The Administrator shall (1) promulgate guidelines for the
          purpose of establishing  uniform application forms and other minimum
          requirements for the acquisition of information from owners and
          operators of point sources of discharge subject to any State program
          under section 402 of this Act, and (2) ... promulgate guidelines
          establishing the minimum procedural and other elements of any  State
          program under section  402 of this Act which shall include:

                         (A)   monitoring requirements;

                         (B)   reporting requirements (including procedures
                    to make information available to the public);

                         (C)   enforcement provisions; and ....

               (j)  The Administrator shall issue information biennially on  methods,
          procedures, and processes to restore and enhance the quality of the
          Nation's publicly owned  freshwater lakes.

               (k)  (1)  The Administrator shall enter into agreements with
               the Secretary of  Agriculture, the Secretary of the Army,  and
               the Secretary of  the Interior, and the heads of such other
               departments,  agencies, and instrumentalities of the United
               States as he determines, to provide for maximum utilization of
               other Federal laws  and programs for the purpose of achieving
               and maintaining water quality through appropriate implementation
               of plans approved under section 208 [areawide waste treatment
               management]...


                             WATER QUALITY INVENTORY


XII       SEC.  305...
II
               (b)  (1)  Each State shall prepare and submit to the Administrator
               by April 1, 1975, and shall bring up to date by April 1,  1976,
               and biennially thereafter, a report which shall include —

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                                      FWPCA - 13
                        (A)  a description of the water quality of all
                  navigable waters in such State during the preceding year,
                  with  appropriate supplemental descriptions as shall be
                  required to take into account seasonal, tidal, and other
                  variations, correlated with the quality of water required
                  by  the objective of this Act and the water quality
                  described in subparagraph (B) of this paragraph;

                        (B)  an analysis of the extent to which all navigable
                  waters of such State provide for the protection and
                  propagation of a balanced population of shellfish, fish,
                  and wildlife, and allow recreational activities in and on
                  the water;...

                        (D)  an estimate of (i) the environmental impact,
                  (ii)  the economic and social costs necessary to achieve
                  the objective of this Act in such State,  (iii) the economic
                  and social benefits of such achievement, and (iv) an
                  estimate of the date of such achievement; and

                        (E)  a description of the nature and extent of
                  non-point sources of pollutants, and recommendations as
                  to  the programs which must be undertaken to control each
                  category of such sources, including an estimate of the costs
                  of  implementing such programs.

                  (2)  The Administrator shall transmit such State reports,
              together with an analysis of them, to Congress on or before
              October  1, 1975, and October 1, 1976, and biennially thereafter.
                            NATIONAL  STANDARDS OF PERFORMANCE
•J.-J-       SEC.  306.
              (a)  For  purposes  of  this  section:

                   (1)   "Standard  of  performance" means  a standard for the
              control  of the discharge  of  pollutants which reflects the greatest
              degree of  effluent reduction which the Administrator determines to
              be achievable through application  of  the best available demon-
              strated  control technology,  processes, operating methods, or other
              alternatives, including,  where  practicable, a standard permitting
              no discharge of pollutants.

                   (2)   "New source"  means any source, the construction of which
              is commenced after the  publication of proposed regulations
              prescribing a standard  of performance under section which will be
              applicable to such source, if  such standard is thereafter pro-
              mulgated in accordance  with this section.

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                                       FWPCA - 14


                   (3)  "Source" means any building, structure facility,
XVI           or installation from which pollutants are or may be discharged.

              (b)  (1)  (A)  The Administrator shall publish (and from time
                   to time thereafter shall revise) a list of categories of
                   sources, which shall, at the minimum, include:

                        pulp and paper mills; ...
                        textile mills; ...
                        electroplating;
                        organic chemicals manufacturing;
                        inorganic chemicals manufacturing;
                        plastic and synthetic materials manufacturing;
                        soap and detergent manufacturing;
                        fertilizer manufacturing;
                        petroleum refining; ...
                        nonferrous metals manufacturing;
                        phosphate manufacturing; ...
                        ferroalloy manufacturing;
                        leather tanning and finishing;
                        glass and asbestos manufacturing;
                        rubber processing; and
                        timber products processing.

                        (B)  As soon as practicable, but in no case more than
                   one year after a category of sources is included in the list,
                   the Administrator shall propose and publish regulations
                   establishing Federal standards of performance for new sources
                   within such category.   The Administrator shall afford interested
                   persons an opportunity for written comment on such proposed
                   regulations.  After considering such comments, he shall
                   promulgate (within one hundred and twenty days after proposal)
                   final standards.   The Administrator shall, as technology and
                   alternatives change, revise such standards following the
                   procedure required by this subsection for initial promulgation.
                   In establishing or revising Federal standards of performance
                   for new sources under this section, the Administrator shall
                   take into consideration the cost of achieving such effluent
                   reduction,  and any non-water quality environmental impact
                   and energy requirements.

                   (2)  The Administrator  may distinguish among classes, types,
              and sizes within categories  of new sources for the purpose of
              establishing such standards  and shall consider the type of
              process employed (including  whether batch or continuous).

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                                         FWPCA - 15


                     TOXIC AND PRETREATMENT EFFLUENT STANDARDS
II         SEC.  307.
                (a)   (1)   On and after the date of  enactment  of  the Clean Water
                Act  of 1977, the list of toxic pollutants  or  combinations of
                pollutants subject to this Act shall  consist  of  those toxic
                pollutants listed below:

                     Acenaphthene
                     Acrolein
                     Acrylonitrile
                     Aldrin/Dieldrin
                     Antimony and compounds
                     Arsenic and compounds
                     Asbestos
                     Benzene
                     Benzidine
                     Beryllium and compounds
                     Cadmium and compounds
                     Carbon tetrachloride
                     Chlordane (technical mixture and metabolites)
                     Chlorinated benzenes (other than dichlorobenzenes)
                     Chlorinated ethanes (including 1,2-dichloroethane,
                          1,1,1-trichloroethane, and  hexachloroethane)
                     Chloroalkyl ethers (chloromethyl, chloroethyl, and
                          mixed ethers)
                     Chlorinated naphthalene
                     Chlorinated phenols (other than those listed elsewhere;
                          includes trichlorophenols and chlorinated cresols)
                     Chloroform
                     2-chlorophenol
                     Chromium and compounds
                     Copper and compounds
                     Cyanides
                     DDT and metabolites
                     Dichlorobenzenes (1,2-, 1,3-, and 1,4-dichlorobenzenes)
                     Dichlorobenzidine
                     Dichloroethylenes  (1,1- and 1,2-dichloroethylene)
                     2,4-dichlorophenol
                     Dichloropropane and dichloropropene
                     2,4-dimethylphenol
                     Dinitrotoluene
                     Diphenylhydrazine
                     Endosulfan and metabolites
                     Endrin and metabolites
                     Ethylbenzene
                     Flouranthene
                     Haloethers  (other  than those listed  elsewhere;
                          includes chlorophenylphenyl ethers, bromo-
                          phenylphenyl  ether, bis(dichloroisopropyl)
                          ether, bis-(chloroethoxy) methane  and
                          polychlorinated diphenyl ethers)

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                         FWPCA - 16
     Halomethanes (other than those listed elsewhere;
          includes methylene chloride, methylchloride,
          methylbromide, bromoform, dichlorobromomethane,
          trichlorofluoromethane, dichlorodifluoromethane)
     Heptachlor and metabolites
     Hexachlorobutadiene
     Hexachlorocyclohexane (all isomers)
     Hexachlorocyclopentadiene
     Isophorone
     Lead and compounds
     Mercury and compounds
     Naphthalene
     Nickel and compounds
     Nitrobenzene
     Nitrophenols (including 2,4-dinitrophenol,
          dinitrocresol)
     Nitrosamines
     Pentachlorophenol
     Phenol
     Phthalate esters
     Polynuclear aromatic hydrocarbons  (including
          benzanthracenes, benzopyrenes, benzofluoranthene,
          chrysenes, dibenzanthracenes, and indenopyrenes)
     Selenium and compounds
     Silver and compounds
     2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)
     Tetrachloroethylene
     Thallium and compounds
     Toluene
     Toxaphene
     Trichloroethylene
     Vinyl chloride
     Zinc and compounds

The Administrator may revise the list and is authorized to add to
or remove any pollutant from the list.  In publishing any revised
list, the Administrator shall take into account the toxicity of the
pollutant, its persistence, degradability the usual or potential
presence of the affected organisms in any waters, the importance of
the affected organisms, and the nature and extent of the effect of
the toxic pollutant on such organisms.

     (2)  Each toxic pollutant listed in accordance with paragraph
(1) above shall be subject to effluent limitations achievable by
application of the best available technology economically achievable
for the applicable category or class of point sources established
in accordance with sections 301(b)(2)(A) [effluent limitations;
1983-1987 requirements] and 304(b)(2) [information and guidelines].
[For each toxic pollutant the Administrator includes on the list, he
shall establish effluent limitations as provided below.  In his
discretion, the Administrator may, in addition, propose an effluent

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                         FWPCA - 17
standard for any toxic pollutant on the list, which standard shall
supersede any effluent limitations for those categories or classes
of sources for which the standards are more stringent than the
limitations.]  Such published effluent standard (or prohibition)
shall take into account the toxicity of the pollutant,  its
persistence, degradability, the usual or potential presence of the
affected organisms in any waters, the importance of the affected
organisms and the nature and extent of the effect of the toxic
pollutant on such organisms, and the extent to which effective
control is being or may be achieved under other regulatory authority.
The Administrator shall allow a period of not less than sixty days
following publication of any such proposed effluent standard (or
prohibition) for written comment.  In addition, if any interested
person requests, the Administrator shall hold a public hearing.
Such a public hearing shall provide an opportunity for oral and
written presentations, such cross-examination as the Administrator
determines is appropriate and the transcription of a verbatim
record which shall be available to the public.  After consideration
of such comments and any information and material presented at any
public hearing held on such proposed standard or prohibition, the
Administrator shall promulgate final standards (or prohibition).
Such promulgation shall be within two hundred and seventy days
after proposal.  Effluent limitations shall be established in
accordance with sections 201(b)(2)(A) and 304(b)(2) for every toxic
pollutant listed above by the Committee on Public Works and
Transportation of the House as soon as practicable after the date
of enactment of the Clean Water Act 1977, but no later than July 1,
1980. Effluent limitations or effluent standards (or prohibitions)
shall be established for every other toxic pollutant listed under
paragraph (1) of this subsection as soon as practicable after it is
listed.

     (3)  Each such effluent standard (or prohibition) shall be
reviewed and, if appropriate, revised at least every three years.

     (4)  Any effluent standard promulgated under this section
shall be at that level which the Administrator determines provides
an ample margin of safety...

     (7)  Prior to publishing any regulations pursuant to this
section the Administrator shall, to the maximum extent practicable
within the time provided, consult with appropriate advisory
committees, States, independent experts, and Federal departments
and agencies.

(b)  (1)  The Administrator shall before April 18, 1973,  and from
time to time thereafter, publish proposed regulations  establishing
pretreatment standards for  introduction of pollutants  into publicly
owned treatment works for  those pollutants which  are determined not
to be susceptible to  treatment by such treatment works or which

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                                        FWPCA - 18
               would interfere with the operation of such treatment works.  Pre-
               treatment standards under this subsection... shall be established
               to prevent the discharge of any pollutant through treatment works
               which are publicly owned, which pollutant interferes with, passes
               through, or otherwise is incompatible with such works....

               (c)  In order to insure that any source introducing pollutants into
          a publicly owned treatment works (which source would be a new source and
          subject to section 306 if it were to discharge such pollutants) will not
          cause a violation of the effluent limitations established for any such
          treatment works, the Administrator shall promulgate pretreatment
          standards for the category of such sources simultaneously with the
          promulgation of standards of performance under section 306 for the
          equivalent category of new sources.  The pretreatment standards shall
          prevent the discharge into such treatment works, of any pollutant which
          may interfere with, pass through, or otherwise be incompatible with such
          works...
                       INSPECTIONS, MONITORING, AND ENTRY
          SEC. 308.
               (a)  Whenever required to carry out the objective of this Act,
          including but not limited to (1) developing or assisting in the
          development of any effluent limitation, or other limitation, prohibition,
          or effluent standard, pretreatment standard, or standard of performance
          under this Act; (2) determining whether any person is in violation of
          any such effluent limitation, or other limitation, prohibition or
          effluent standard, pretreatment standard, or standard of performance;
          (3) any requirement established under this section; or (4) carrying out
          sections 305, 311, 402, 404 (relating to State permit programs), and 504
          (emergency powers) —

                         (A)  the Administrator shall require the owner or
                    operator of any point source to (i) establish and maintain
                    such records, (ii) make such reports, (iii) install, use, and
                    maintain such monitoring equipment or methods, (iv) sample
V                   such effluents (in accordance with such methods, at such
                    locations, at such intervals, and in such manner as the
XIII                Administrator shall prescribe), and (v) provide such infor-
                    mation as he may reasonably require; and

                         (B)  the Administrator or his authorized representative,
                    upon presentation of his credentials —

                              (i)  shall have a right of entry to, upon, or
                         through any premises in which an effluent source is
                         located or in which any records required to be maintained
                         under clause (A) above are located, and

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                                         FWPCA - 19


                               (ii) may at reasonable times have access to and
                          copy any records, inspect any monitoring equipment or
                          method required under clause (A), and sample any
                          effluents which the owner or operator of such source is
                          required to sample under such clause.

XIV             0>)  Any records, reports, or information obtained under this
           section (1) shall, in the case of effluent data, be related to any
           applicable effluent limitations, toxic, pretreatment, or new source
           performance standards, and (2) shall be available to the public, except
           that upon a showing satisfactory to the Administrator by any person
           that records, reports, or information,  or particular part thereof (other
           than effluent data), to which the Administrator  has access under this
           section, if made public would divulge methods or processes entitled to
           protection as trade secrets of such person, the Administrator shall
           consider such record, report, or information, or particular portion
           thereof confidential in accordance with the purposes of section 1905 of
           title 18 of the United States Code, except that such record, report, or
           information may be disclosed to other officers,  employees, or authorized
           representatives of the United States concerned with carrying out this
           Act or when relevant in any proceeding under this Act.

XVII            (c)  Each State may develop and submit to the Administrator
           procedures under State law for inspection, monitoring, and entry with
           respect to point sources located in such State.   If the Administrator
           finds that the procedures and the law of any State relating to
           inspection, monitoring, and entry are applicable to at least the same
           extent as those required by this section, such State is authorized to
           apply and enforce its procedures for inspection, monitoring, and entry
           with respect to point sources located in such State  (except with respect
           to point sources owned or operated by the United States).
                       OIL AND HAZARDOUS SUBSTANCE LIABILITY

           SEC. 311.

                (a)  For the purpose of this section:

XVI
(1)   "Oil" means oil of any kind or in any form, including,
                but not limited to, petroleum, fuel oil, sludge, oil refuse,
                and oil mixed with wastes other than dredged spoil; ...

                     (14) "Hazardous substance" means any substance designated
                pursuant to subsection (b)(2) below; ...

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                                FWPCA - 20
II        (b)   (1)  The Congress declares that it is the policy of the United
          States that  there should be no discharges of oil or hazardous
          substances into  the navigable waters of the United States,
          adjoining shorelines, or into or upon the waters of the contiguous
          zone, or in  connection with activities under the Outer Continental
          Shelf Lands  Act  or the Deepwater Port Act of 1974, or which may
          affect natural resources belonging to or under the exclusive
          management authority of the United States.

XI             (2)  (A)  The Administrator shall develop, promulgate and
          revise as may be appropriate, regulations designating as
          hazardous substances, other than oil, such elements and
          compounds which, when discharged in any quantity into or upon
          the navigable waters of the United States or adjoining
          shorelines or the waters of the contiguous zone... present an
          imminent and substantial danger to the public health or
          welfare, including, but not limited to, fish, shellfish,
          wildlife, shorelines, and beaches.

                   (B)  (i)  The Administrator shall include in any
                   designation under subparagraph (A) of this subsection
                   a  determination whether any such designated hazardous
                   substance can actually be removed...

               (3)  The discharge of oil or hazardous substances into or upon
          the navigable waters of the United States, adjoining shorelines, or
          into or upon the waters of the contiguous zone ... in harmful
          quantities as determined by the President under paragraph (4) below
          is prohibited except ...

               (4)  The President shall by regulation determine for the
          purposes of  this section, those quantities of oil and any hazardous
          substance the discharge of which, at such times, locations, cir-
          cumstances,  and  conditions, will be harmful to the public health or
          welfare of the United States, including but not limited to, fish,
          shellfish, wildlife, public and private property, shorelines,
          and beaches.

               (5)  Any person in charge of a vessel or of an onshore
          facility or  an offshore facility shall, as soon as he has knowledge
          of any prohibited discharge of oil or a hazardous substance,
          immediately  notify the appropriate agency of the United States
          Government of such discharge.  Any such person who fails to
          immediately  notify such agency of such discharge shall, upon
          conviction,  be fined not more than $10,000, or imprisoned for not
          more than one year, or both.  Notification received pursuant to
          this paragraph or information obtained by the exploitation of such
          notification shall not be used against any such person in any
          criminal case, except a prosecution for perjury or for giving a
          false statement...

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                                      FWPCA - 21
             (c)    (2)  ... the President shall prepare and publish a National
             Contingency Plan for removal of oil and hazardous substances which
             shall provide for efficient, coordinated,  and effective action to
             minimize damage from oil and hazardous substance discharges,
             Including containment, dispersal, and removal of oil and hazardous
             substances, and^shall include, but not be limited to — ...

                       (D)  a system of surveillance and notice designed  to
                  insure earliest possible notice of discharges of oil and
                  hazardous substances and imminent threats of such discharges
                  to the appropriate State and Federal agencies;...

             (m)  Anyone authorized by the President to enforce the
        provisions of this section may, except as to public vessels, (A)  board
        and inspect any vessel upon the navigable waters of the United States or
        the waters of the contiguous zone,... and (C) execute any warrant or
        other process issued by an officer or court of competent jurisdiction.
                      TITLE IV — PERMITS AND LICENSES

                                CERTIFICATION
        SEC. 401.

X            (a)  (1)  Any applicant for a Federal license or permit to conduct
             any activity including the construction or operation of facilities,
             which may result in any discharge into the navigable waters, shall
             provide the licensing or permitting agency a certification from the
             State in which the discharge originates or will originate, (or, if
             appropriate, from the interstate water pollution control agency-
             having jurisdiction over the navigable waters at the point where
             the discharge originates or will originate) that any such discharge
             will comply with the applicable provisions of section 301  [effluent
IV           limitations] , 302, 303 [water quality standards and implementation
             plans], and 307 [toxic and pretreatment effluent standards].   In  the
             case of any activity for which there is not an applicable effluent
             limitation or standard, the State shall so certify.  Such State or
             interstate agency shall establish procedures for public notice and
             hearings in the case of applications for certification.  No  license
             or permit shall be granted until the certification required  by this
             section has been obtained or has been waived.  No license or permit
             shall be granted if certification has been denied by the State,
             interstate agency, or the Administrator.

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                                        FWPCA  -  22
                    (2)  Upon  receipt of  an application and certification the
               licensing or  permitting  agency  shall  immediately notify the
               Administrator.  Whenever such a discharge may affect, as determined
               by  the Administrator, the  quality of  the waters of any other State,
               the Administrator  shall  notify  such other State, the licensing or
               permitting agency,  and the applicant  within 30 days.  If, such
               other State determines that the discharge will affect the
               quality of its  waters so as to  violate any water quality require-
               ment in such  State, and  within  sixty  days notifies the Administrator
               and the licensing  or permitting agency in writing of its objection
               to  the issuance of  such  license or permit and requests a public
               hearing on such objection,  the  licensing or permitting agency shall
               hold such a hearing.  The  Administrator shall at such hearing
               submit his evaluation and  recommendations with respect to any such
IV             objection to  the licensing or permitting agency.  Such agency,
               based upon the  recommendations  of such State, the Administrator,
               and upon any  additional  evidence, if  any, shall condition such
               license or permit  in such  manner as may be necessary to insure
               compliance with applicable water quality requirements.  If the
               imposition of conditions cannot insure such compliance such agency
               shall not issue such license or permit...

II             (b)  ... The  Administrator shall, upbn the request of any Federal
         department or agency, or State,  or interstate agency, or applicant,
         provide, for the purpose of this section,  any relevant information on
         applicable effluent  limitations, or  other  limitations, standards, regul-
         ations,  or requirements, or water quality  criteria, and shall, when
         requested by any such department, or agency, or State, or interstate
         agency,  or applicant, comment on any methods to comply with such
         limitations, standards,  regulations,  requirements, or criteria...

               (d)  Any certification provided under this section shall set forth
v        any effluent limitations and  other limitations and other monitoring
         requirements necessary  to assure that any  applicant for a Federal
         license  or permit  will  comply with any applicable effluent limitations
         and other limitations,  under  section 301 or 302, standard of performance
         under section 306, or prohibition, effluent standard, or pretreatment
         standard under section  307, and with any other appropriate requirement
         of State law set forth  in such  certification, and shall become a
         condition on any Federal license or  permit subject to the provisions of
         this  section.
                NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
X        SEC. 402.

              (a)   (1)  Except as provided in sections 318 and 404 of this
              Act,  the Administrator may, after opportunity for public hearing,

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                                     FWPCA - 23


            issue a permit for the discharge of any pollutant, or combin-
            ation of pollutants, notwithstanding section 301(a), upon condition
            that such discharge will meet either all applicable requirements
            under sections 301, 302, 306, 307, 308, and 403 of this Act, or
            such conditions as the Administrator determines are necessary to
            carry out the provisions of this Act.

                 (2)  The Administrator shall prescribe conditions for such
     VII    permits to assure compliance with the requirements of paragraph (1)
            above, including conditions on data and information collection,
            reporting and such other requirements as he deems appropriate.

                 (3)  The permit program of the Administrator under paragraph
            (1) above, and permits issued thereunder, shall be subject to the
            same terms, conditions, and requirements as apply to a State permit
            program...

XVII        (b)  At any time after the promulgation of the guidelines
       for State programs (required by subsection  (h)(2) of section 304), the
       Governor of each State desiring to administer its own permit program may
       submit a full and complete description of the program it proposes.  The
       Administrator shall approve each such submitted program unless he
       determines that adequate legal authority does not exist:

                 (1)  To issue permits which —

                      (A)  apply, and insure compliance with, any applicable
                 requirements of sections 301, 302, 306, 307, and 402;

                      (B)  are for fixed terms not exceeding five years;  ...

                      (D)  control the disposal of pollutants into wells;

                 (2)  (A)  To issue permits which  apply, and  insure compliance
                 with, all applicable requirements of  section 308  (inspections,
                 monitoring and entry), or

                       (B)  To inspect, monitor,  enter, and require reports to
                 at least the same extent as  required  in section 308  of
                 this Act;  ...

                  (4)  To insure that  the Administrator receives notice and
            a copy of each application for  a  permit;...

                  (8)  To insure that  any permit  for  a  publicly  owned  treatment
            works includes  conditions  to require the identification of
            pollutants introduced by  any significant source subject  to
            pretreatment standards  and a program to  assure compliance with
XI          such pretreatment  standards.   In addition, adequate notice shall
            be  required  (to  the permitting  agency) of  (A)  new introductions
            of  pollutants from any  source which would be a "new" source if
            it  were discharging pollutants, (B)  new introductions of pollutants
            into such works  from  a  source which would be subject to section 301

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                                        FWPCA -  24


               if  it  were discharging such pollutants,  or  (C)  a substantial  change
               in  volume or character of pollutants,  being introduced  into such
               works.   Such notice shall include information on the  quality  and
               quantity of effluent to be introduced  and any anticipated  impact
               of  such change on the quantity or quality of effluent to be
               discharged from such publicly owned  treatment works;  and

                    (9)  To insure that any industrial  user of any publicly  owned
               treatment works will comply with  sections 204 (b) [User  Charges
               by  Treatment Works], 307 [Toxic and  Pretreatment Effluent
               Standards],  and 308 [Inspections, Monitoring and Entry]...

XI             (d)   (1)  Each State shall transmit  to the  Administrator a copy
               of  each permit application received  and  provide notice  to  the
               Administrator of every action related  to the consideration of such
               permit application, including each permit proposed to be issued.

                    (2)  No permit shall issue (A)  if the  Administrator objects
               in  writing,  within ninety days, to the issuance of such permit, or
               (B)  if the Administrator within ninety days of the date of trans-
               mittal of the proposed permit by  the State  objects in writing to
               the'issuance of such permit as being outside the guidelines and
               requirements of this Act.  Whenever  the  Administrator objects to
               the issuance of a permit under this  paragraph,  such written
               objection shall contain a statement  of the  reasons for  such
               objection and the effluent limitations and  conditions which such
               permit would include if it were issued by the Administrator...


               (j)  A copy of each permit application and  each permit
          issued under this section shall be available  to  the public.  Such permit
          application or permit,  or portion thereof,  shall be available on request
          for  the  purpose of reproduction.


                            OCEAN DISCHARGE CRITERIA
 II       SEC.  403.

 X             (a)   No  permit  under section 402 [National Pollutant Discharge
          Elimination System]  of  this Act for a discharge into the territorial
          sea,  the waters  of the  contiguous zone,  or the oceans shall be issued,
          after promulgation of guidelines established under subsection (c)  below
          except in  compliance with such guidelines.

               (b)   The requirements of subsection 402(d) may not be waived  in the
          case  of permits  for  discharges into the  territorial sea.

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                                      FWPCA - 25
              (c)   (1)  The Administrator shall, by April 1973  (and from time
              to time  thereafter), promulgate guidelines for determining the
              degradation  of  the waters of the territorial seas, the contiguous
              zone, and the oceans, which shall include:

                       (A)   the effect of disposal of pollutants on human health
                   or  welfare including but not limited to plankton, fish,
                   shellfish,  wildlife, shorelines, and beaches;

                       (B)   the effect of disposal pollutants  on marine life
                   including  the transfer, concentration, and dispersal of
                   pollutants or their byproducts through biological, physical,
                   and chemical processes; changes in marine ecosystem diversity,
                   productivity, and stability; and species and community
                   population changes;

                       (C)   the effect of disposal of pollutants on esthetic,
                   recreation, and economic values;

                       (D)   the persistence and permanence of  the efffects of
                   disposal of pollutants;

                       (E)   the effect of the disposal at varying rates, of
                   particular volumes and concentrations of pollutants;

                       (F)   other possible locations and methods of disposal or
                   recycling  of pollutants including land-based alternatives; and

                       (G)   the effect on alternate uses of the  oceans, such  as
                   mineral exploitation and scientific study.

                   (2)  In any event, where insufficient information exists on
              any  proposed discharge to make a reasonable judgment on  any of  the
              guidelines established pursuant to this subsection, no permit shall
              be issued.

              [SEC. 404 establishes a permit program to deal with
              dredged  or fill material.  This was deemed insufficiently
              related  to toxic substances regulation to be  included
              in the compendium.]
                         TITLE V — GENERAL PROVISIONS

                                ADMINISTRATION
         SEC.  501.

VI1           (a).   The Administrator is authorized to prescribe such regulations
         as are necessary to carry out his functions under this Act.

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                                       FWPCA - 26
              (b)  The Administrator, with the consent of the head of any other
         agency of the United States, may utilize such officers and employees of
         such agency as may be found necessary to assist in carrying out the
         purposes of this Act...
                              GENERAL DEFINITIONS
         SEC.  502.
              Except as otherwise specifically provided,  when used in this
         Act:...

                   (11) "Effluent limitation" means any restriction established
              by a State or the Administrator on quantities,  rates, and con-
              centrations of chemical,  physical, biological,  and other con-
              stituents which are discharged from point sources into navigable
              waters, the waters of the contiguous zone,  or the oceans, including
              schedules of compliance...

                   (13) "Toxic pollutant" means those pollutants or combinations
              of pollutants, including  disease-causing agents, which after
              discharge and upon exposure, ingestion, inhalation or assimilation
              into any organism, either directly from the environment or
              indirectly by ingestion through food chains, will cause death,
              disease, behavioral abnormalities, cancer,  genetic mutations,
              physiological malfunctions  (including malfunctions in reproduction)
              or physical deformations, in such organisms or  their offspring...

                   (15) "Biological monitoring" shall mean the determination of
              the effects on aquatic life (including accumulation of pollutants
              in tissue)  in receiving waters due to the discharge of pollutants
              (A) by techniques and procedures (including sampling of organisms
              representative of appropriate levels of the food chain) appropriate
              to the volume and the physical, chemical, and biological char-
              acteristics of the effluent, and (B) at appropriate frequencies and
              locations...

XVI                (18) "Industrial user" means those industries identified in
              the Standard Industrial Classification Manual,  Bureau of the
              Budget, 1967,  as amended  and supplemented,  under the category
              "Division D  Manufacturing" and such other  classes of significant
              waste producers as,  by regulation, the Administrator deems
              appropriate.

XVI                (19) "Pollution" means the man-made or man-induced alteration
              of  the chemical,  physical,  biological,  and  radiological integrity
              of  water.

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                                       FWPCA - 27
                 ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW


         SEC. 509.

IX            (a)  (1)  For purposes of obtaining information under section
              305  [water quality inventory]... the Administrator may issue subpoenas
              for  the attendance and testimony of witnesses and the production of
              relevant papers, books, and documents, and he may administer oaths.
XIV           Except for effluent data, upon a showing satisfactory to the
              Administrator that such papers, books, documents, or information or
              particular part thereof, if made public, would divulge trade
              secrets or secret processes, the Administrator shall consider such
              record, report, or information or particular portion thereof
              confidential in accordance with the purposes of section 1905 of
              title 18 of the United States Code, except that such paper, book,
              document, or information may be disclosed to other officers,
              employees, or authorized representatives of the United States
              concerned with carrying out this Act, or when relevant in any
              proceeding under this Act.

IX                 (2)  The district courts of the United States are authorized,
              upon application by the Administrator, to issue subpoenas for
              attendance and testimony of witnesses and the production of
              relevant papers, books, and documents, for purposes of obtaining
              information under subsections 304(b)  [adopting or revising effluent
              limitations] and (c) [developing information on processes, pro-
              cedures and operating methods] of this Act.  Any papers, books,
              documents or other information or part thereof, obtained by  reason
XIV           of such a subpoena, shall be subject  to the same  [confidentiality]
              requirements as are provided in paragraph  (1) above...
               EFFLUENT  STANDARDS AND WATER QUALITY  INFORMATION
                              ADVISORY COMMITTEE
IV        SEC.  515.
               [The  Effluent  Standards  and Water  Quality Information
               Advisory Committee is  currently not active and there
               are no  plans  to  make use of  the Committee in the
               future.   This  section  of FWPCA is, therefore,  not
               contained in  the compendium.]

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                                        FWPCA - 28
                               REPORTS TO CONGRESS
II        SEC.  516.
               (a)   Within ninety days following the convening of each session of
          Congress,  the Administrator shall submit to the Congress a report,  in
          addition to any other report required by this Act,  on measures taken
          toward implementing the objective of this Act, including, but not
          limited to,... (2) a summary of actions taken and results achieved  in
          the field  of water pollution control research, experiments, studies, and
          related matters by the Administrator and other Federal agencies and by
          other persons and agencies under Federal grants or contracts; (3) the
          progress and problems associated with the development of effluent
          limitations and recommended control techniques; ... (7) a summary of the
          results of the survey required to be taken under section 210 of this
          Act; ...

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                   PUBLIC LAW 93-523 -- December 16, 1974
                                as amended by
                   PUBLIC LAW 95-190 — November 16, 1977

                          "SAFE DRINKING WATER ACT"

                             Part A — DEFINITIONS

        SEC. 1401.

        For purposes of  this title:

XVI                (D  "Primary drinking water regulation" means a regulation
             which —

                       (A)  applies to public water systems;

                       (B)  specifies contaminants which, may have an adverse
                   effect on human health;

                       (C)  specifies for each such contaminant either —

                             (i)  a maximum contaminant level, or

                             (ii) each treatment technique which reduces  the
                       level of the contaminant sufficiently to satisfy  the
                       requirements of section 1412 below; and

                       (D)  contains- criteria and procedures to assure a
                   supply of drinking water which dependably complies with
                   maximum  contaminant levels.

XVI                (2)  "Secondary drinking water regulation" means  a regulation
             which applies  to public water systems and which specifies  the
             maximum contaminant levels which are requisite to protect  the
             public  welfare.  Such regulations may apply to which may  adversely
             affect  the  odor or appearance of such water or which may  otherwise
             adversely affect the public welfare.

XVI                (3)  "Maximum contaminant  level" means the maximum permissible
             level of a  contaminant in water is delivered to  any  user of a
             public  water  system.


                       PART B ~ PUBLIC WATER SYSTEMS

                      NATIONAL DRINKING WATER REGULATIONS

 H      SEC. 1412...

              (e)  (1) The Administrator  shall enter into appropriate
             arrangements  with  the National Academy of Sciences or other

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                         SDWA - 2
independent scientific organization to conduct a study to determine
(A) the maximum contaminant levels which could be recommended [for
adoption as primary or secondary drinking water regulations] in
order to protect the health of persons from any known or anti-
cipated adverse effects, and (B) the existence of any contaminants
the levels of which cannot be determined in drinking water but
which may have an adverse effect on health.

     (2)  The result of the study shall be reported to Congress no
later than December 16, 1976, and updated reports shall be sent to
the Congress every two years.  The report shall contain (A) a
summary and evaluation of relevant publications and unpublished
studies; (B) a statement of methodologies and assumptions for
estimating the levels at which adverse health effects may occur;
(C) a statement of methodologies and assumptions for estimating the
margin of safety which should be incorporated in the national
primary drinking water regulations; (D) proposals for recommended
maximum contaminant levels for national primary drinking water
regulations, based on the methodologies, assumptions, and studies
referred to above and in paragraph (4) below; (E) a list of
contaminants which cannot be measured in drinking water, but which
may have an adverse effect on health; (F) recommended studies and
test protocols for future research on the health effects of
drinking water contaminants, including a list of the major research
priorities and estimated costs necessary to conduct such priority
research; (G) periodic assessments and evaluations of unregulated
contaminants which may require continuous monitoring or regulation.

     (3)  In developing its proposals for recommended maximum
contaminant levels the National Academy of Sciences (or other
organization preparing the report) shall evaluate and explain the
impact of the following considerations:

          (A)  The existence of groups or individuals in the
     population which are more susceptible to adverse effects than
     the normal healthy adult.

      i    (B)  The exposure to contaminants in other media than
     drinking water (including exposures in food, in the ambient
     air, and in occupational settings) and the resulting body
     burden of contaminants.

          (C) Synergistic effects resulting from exposure to or
     interaction by two or more contaminants.

          (D)  The contaminant exposure and body burden levels
     which alter physiological function or structure in a manner
     reasonably suspected of increasing the risk of illness.

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                                      SDWA - 3


                   (4)  In making the study under this subsection, the National
             Academy of Sciences (or other organization) shall collect and
             correlate (A) morbidity and mortality data and (B) monitored data
             on the quality of drinking water.  Any conclusions based on such
             correlations shall be included in the report of the study...


                   STATE PRIMARY ENFORCEMENT RESPONSIBILITY

        SEC. 1413.

             (a)   For purposes of this title, a State has primary enforcement
        responsibility for public water systems during any period for which the
        Administrator determines that such State  — ...

V                  (2)  has adopted and is implementing adequate procedures for
             the enforcement of such State regulations, including conducting
VIII         such  monitoring and making such inspections as the Administrator
             may require by regulation;

VI                 (3)  will keep such records and make such reports with
             respect to its activities under paragraphs (1)' and  (2) as the
             Administrator may require by regulation;


               PART C ~ PROTECTION OF UNDERGROUND SOURCES OF
                               DRINKING WATER

                       REGULATIONS FOR STATE PROGRAMS

        SEC. 1421...

             (b)   (1) Regulations for State underground injection programs
             shall contain minimum requirements for effective  programs to prevent
             underground injection which endangers drinking water sources.   Such
             regulations shall require that a State program  —

X                       (A)  by December 16, 1974, prohibit  any  underground
                   injection which is not authorized by a permit  issued by
                   the State  (except that the regulations may permit  a State to
                   authorize underground injection by rule);

                        (B)  require  (i) that an applicant  for  a  permit  to  inject
                   must  satisfy the State that the underground  "injection  will not
                   endanger drinking water sources, and  (ii)  that no  rule may be
                   promulgated which authorizes any underground injection which
                   endangers drinking water  sources;

                        (C)  include inspection, monitoring,  record-keeping,
                   and reporting  requirements; and  ...

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                                       SDWA - 4
               (d)  For purposes of this part:

                   (1)  "Underground injection" means the subsurface
              emplacement of fluids by well injection.

                   (2)  Underground injection endangers drinking water sources
              if such injection may result in the presence of any contaminant
              which may result in a drinking water system not complying with any
              national primary drinking water regulation or may otherwise
              adversely affect health.
                   STATE PRIMARY ENFORCEMENT RESPONSIBILITY

         SEC. 1422...

              (b)  (1)  (A)  [An application for approval of a State's under-
                   ground injection control program must include assurance
                   that the State] . . .

                             (ii) will keep such records and make such reports
                        with respect to its activities under its underground
                        injection  control program as the Administrator may
                        require by regulation...
                          PART E — GENERAL PROVISIONS

               RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, AND
                            TRAINING OF PERSONNEL
II       SEC. 1442.
              (a)  (1)  The Administrator may conduct research, studies and
              demonstrations relating to the causes, diagnosis, treatment,
              control, and prevention of physical and mental diseases and other
              impairments of man resulting directly or indirectly from contaminants
              in water, or relating to the provision of a dependably safe supply
              of drinking water, including —

                        (A)  improved methods (i) to identify and measure the
                   existence of contaminants in drinking water, and  (ii) to
                   identify the source of such contaminants;

                        (B)  improved methods to identify and measure the health
                   effects of contaminants in drinking water; ... and

                        (E)  improved methods of protecting underground water
                   sources of public water systems from contamination.

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                                       SDWA -  5


III                (2)   (A)   The Administrator shall,  to  the maximum  extent
                   feasible,  provide  technical assistance to the  States and
                   municipalities in  the  establishment and administration  of
                   public water system supervision programs...

                   (4)   The Administrator shall  conduct a survey  and  study of  —

                        (A)   disposal of  waste (including residential waste)
                   which may  endanger underground water which  supplies, or can
                   reasonably be expected to supply, any  public water system,  and

                        (B)   means of control  of such  waste disposal.

              Not later than  December 16, 1975,  he shall  transmit to  the
              Congress  the results of such survey and  study, together with such
              recommendations as he deems appropriate.

                   (5)   The Administrator shall  carry  out a study of  methods
              of underground  injection which do  not  result in  the degradation  of
              underground drinking water  sources.

                   (6)   The Administrator shall  carry  out a study of  methods of
              preventing, detecting,  and  dealing with  surface  spills  of con-
              taminants which may degrade underground  water  sources for public
              water systems...

                   (8)   The Administrator shall  carry  out a  study of  the
              nature and extent of the impact  on underground water supplies  of
              (A) abandoned injection or  extraction  wells; (B) intensive
              application of  pesticides and fertilizers  in underground  water
              recharge  areas; and (C) ponds, pools,  lagoons, pits, or other
              surface disposal of contaminants in underground  water recharge
              areas...
                            RECORDS AND INSPECTIONS
         SEC. 1445.

VII           (a)  Every person who is a supplier of water who is subject to a
y        primary drinking water regulation or to an applicable underground
         injection control program... shall establish and maintain such records,
         make such reports, conduct such monitoring, and provide such information
         as the Administrator may reasonably require by regulation to assist him
         in establishing regulations under this title, in determining whether
         such person has acted or is acting in compliance with this title... in
         evaluating the health risks of unregulated contaminants, or in advising
         the public of such risks.

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                                        SDWA -  6
               (b)   (1)   Except  as  provided in paragraph (2),  the Administrator,
               or his  representative,  upon presenting  appropriate credentials and
               a written notice  to  any supplier of  water or  other person  subject
               to  (A)  a  national primary drinking water  regulation,  (B) an
               applicable underground  injection control  program, or  (C) any
               requirement to  monitor  an unregulated contaminant pursuant to
               subsection (a)  above, is authorized  to  enter  any establishment,
               facility,  or other property of  such  supplier  or other person in
               order to  determine whether such person  has acted or is acting in
               compliance with this title, including for this  purpose,  inspection,
               at reasonable times, of records, files, papers, processes,
               controls,  and facilities, or in order to  test any feature  of a
               public  water system, including  its raw  water  source...
                    (1)   Subject to paragraph (2),  upon a showing satisfactory
               to  the  Administrator by any person that  any information required
               under this section from such person, if  made public,  would  divulge
               trade secrets  or secret processes of such person,  the Administrator
               shall consider such information confidential in accordance  with
               the purposes of section 1905 of title 18 United States Code.   If
               the applicant  fails to  make a showing satisfactory to the
               Administrator, the Administrator shall give such applicant
               thirty  days notice before releasing the  information (unless
               the public health or safety requires earlier release  of such
               information) .
                               GENERAL PROVISIONS
VH       SEC.  1450.
               (a)   (1)   The  Administrator is  authorized to  prescribe  such
               regulations  as are  necessary or appropriate to  carry out  his
               functions  under this  title...

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             [21 USC 301-392 — As amended through October,  1976]

                    "FEDERAL FOOD, DRUG,  AND COSMETIC ACT"


                           CHAPTER II —  DEFINITIONS


         SEC.  201.

              For the purposes of this Act — ...

              (c)  "Department" means the U.S.  Department of Health,  Education,
XVI      and Welfare...

              (f)  "Food" means (1) articles used  for food or drink for man
         or other animals, (2) chewing gums, and (3) articles used for components
         of any such article.

              (g)  (1)   "Drug" means (A)  articles  recognized in the official
              United States Pharmacopeia, official Homeopathic Pharmacopeia
              of the United States, or official National Formulary, or any
              supplement to any of them;  and (B) articles intended for use in
              the diagnosis, cure, mitigation,  treatment, or prevention of
              disease in man or other animals;  and (C) articles (other than food)
              intended to affect the structure or  any function of the body of man
              or other animals; and (D) articles intended for use as a component
              of any articles specified in clause  (A), (B),  or (C), but does not
              include devices or their•components, parts, or accessories.
              [Note:  Devices are not considered in this compendium because of
              their lack of chemical action and concomitant  non-toxic nature,
              ed. ]...

              (i)  "Cosmetic" means (1) articles intended to be rubbed, poured,
         sprinkled or sprayed on, introduced into  or otherwise applied to the
         human body or any part thereof for cleansing, beautifying, promoting
         attractiveness, or altering the appearance, and (2) articles intended
         for use as components of such articles, except that such term does not
         include soap.
              (j)  "Official compendium" means the official United States
         Pharmacopeia, official Homeopathic Pharmacopeia of the United.States,
         official National Formulary, or any supplement to any of them.
              (k)  "Label" means a display of written, printed, or graphic matter
         upon the immediate container of any article.  Any information required
         under this Act to appear on a label shall appear on the
         container or wrapper or be easily legible through the ojutside container
         or wrapper...
outside

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                                       FD&CA - 2


XVI           (m)  "Labeling" means all labels and other written, printed, or
         graphic matter upon any article or any of its containers or wrappers, or
         accompanying such article.

              (n)  In determining whether an article is misbranded because the
         labeling or advertising is misleading, the Secretary shall take into
         account (among other things) not only representations made or suggested
         by statement, word, design, or device or combination thereof, but also
         the extent to which the labeling or advertising fails to reveal facts
         material in the light of such representations or material with respect
         to consequences which may result from the use of the article as
         prescribed in the labeling or advertising or under customary or usual
         conditions of use...

              (p)  "New drug" means —

                   (1)  Any human drug which is not generally recognized, among
              qualified experts, as safe and effective for use under the
              conditions prescribed, recommended or suggested in the labeling,
              exclusive of any drug subject to the Food and Drugs Act of June 30,
              1906, if at such time its labeling contained the same representations
              concerning the conditions of its use; or

                   (2)  Any human drug which, as a result of investigations to
              determine its safety and effectiveness, has become recognized as
              safe but which has not been extensively used.

XVI           (q)  "Pesticide chemical" means any substance which alone or in
         chemical combination or in formulation with one or more other substances
         is a pesticide within the meaning of the Federal Insecticide, Fungicide,
         and Rodenticide Act and which is used in the production, storage, or
         transportation of raw agricultural commodities.

              (r)  "Raw agricultural commodity" means any food in its raw or
         natural state, including all fruits that are washed, colored or otherwise
         treated in their unpeeled natural form prior to marketing.

yvT           (s)  "Food additive" means any substance which may, as a result of
         its intended use, directly or indirectly, become a component of or
         otherwise affect the characteristics of any food (including any
         substance used in producing, manufacturing, packing, processing,
         preparing, treating, packaging, transporting, or holding food if such
         substance is not generally recognized by qualified experts as safe under
         the conditions of its intended use; except that such term does not
         include —

                   (1)  a pesticide chemical in or on a raw agricultural
              commodity;

                   (2)  a pesticide chemical used in the production, storage,
              or transportation of any raw agricultural commodity;

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XVI
                                      FD&CA - 3


                  (3)  any color additive;

                  (4)  any substance regulated under the Poultry Products
             Inspection Act or the Meat Inspection Act of March 4,  1907;  or

                  (5)  a new animal drug.

             (t)  (1)  "Color additive" means —

                       (A)  a dye, pigment, or other substance made by synthesis
                  or extracted, isolated,  or otherwise derived, with or without
                  intermediate or final change of identity,  from a  vegetable,
                  animal, mineral, or other source, and

                       (B)  when added to  a food, drug, or cosmetic, or to the
                  human body, is capable of imparting color and is  used for such
                  purpose.

                  (2)  "Color" includes black, white, and intermediate grays.

XVI          (u)  "Safe" as used in paragraph (s) above and in sections 409,
        512, and 706, has reference to the health of man or animal...
                       CHAPTER III — PROHIBITED ACTS
                               AND PENALITIES
                               PROHIBITED ACTS

XVII    SEC. 301.

             The following acts and the causing thereof are prohibited:

             (a)  The introduction or delivery for introduction into interstate
        commerce of any food, drug, device, or cosmetic that is adulterated or
        misbranded.

             (b)  The adulteration or misbranding of any food, drug, device, or
        cosmetic in interstate commerce.

             (c)  The receipt in interstate commerce of any food, drug, device,
        or cosmetic that is adulterated or misbranded, and the delivery or
        proffered delivery thereof for pay or otherwise...

             (e)  The refusal to permit access to or copying of any record as
        required by section 703 [records of interstate shipment]; or the failure
        to establish or maintain any record, or make any report, required under
        section 505(i) or (j) [new drug research]; 507 (d) or  (g)  [batch
        certification of antibiotics], 512  (j), (1) or (m), 515  (f) or 519, or
        the refusal to permit access to or verification or copying of any such
        required record.

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                                       FD&CA - 4


              (f)   The refusal to permit entry or inspection as  authorized  by
         section 704 [factory inspection].

              (g)   The manufacture within any Territory of any food,  drug,  device
         or cosmetic that is adulterated or misbranded...

              (j)   The (1)  using by any person to his own  advantage,  or  (2)
         revealing,  other than to the Secretary or officers of the Department,  or
         to the courts, of  any information acquired under  the authority  of
XIV      section 404,  409,  505,  506,  507, 510, 512, 513, 514, 515, 516,  518, 519,
         520,  704,  706, or  708 concerning any method or process  which is a  trade
         secret.

         [The  table below is not contained in the Act,  but is put here for  the
         convenience of the reader.]

              Section 404    Emergency permit control
              Section 409    Food additives
              Section 505    New drugs
              Section 506    Certification of drugs containing insulin
              Section 507    Certification of antibiotics
              Section 510    Registration of producers  of  drugs  and devices
              Section 512    New animal drugs
              Section 513    Classification of devices  intended  for human
                             use
              Section 514    Performance standards
              Section 515    Premarket approval
              Section 516    Banned devices
              Section 518    Notification and other remedies
              Section 519    Records  and reports on devices
              Section 520    General  provisions respecting control of devices
                             intended for human use
              Section 704    Factory  inspection
              Section 706    Listing  and certification  of  color  additives for
                             foods, drugs,  and cosmetics
              Section 708    Confidential information

              (o)   The failure of any manufacturer, packer, or distributor  of a
         prescription drug  to maintain or transmit, to  any licensed practitioner
yr,       who makes  written  request for information about such drug, true and
         correct  copies of  all printed matter which is  required  to be included  in
         any package in which that drug is  distributed  or  sold,  or such  other
         printed matter as  is approved by the Secretary.

              (p)   The failure to register  in accordance with section 510,  the
         failure  to  provide any  information required by section  510(j) or 510(k),
         or the failure to  provide a  notice required by section  510(j)(2)...

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                                      FD&CA - 5
              [The subpoena authority in section 307 is not included
              because it  does not accrue to the Secretary or the
              Administrator and because it is related to violation
              and  enforcement actions rather than information develop-
              ment activities.j
                              CHAPTER IV — FOOD

                      DEFINITIONS  AND STANDARDS FOR FOOD
II       SEC.  401.
              Whenever,  in the judgment  of  the  Secretary, such action will
         promote honesty and fair  dealing in  the interest of consumers, he shall
         promulgate regulations fixing and  establishing for any food, under its
         common or usual name so far  as  practicable, a reasonable definition  and
         standard of identity,  a reasonable standard of quality, and/or reasonable
         standards of fill of container  ...

              In prescribing a definition and standard of identity  for any food
         or class of food in which optional ingredients are permitted, the
         Secretary shall, for the  purpose of  promoting honesty and  fair dealing
         in the interest of consumers, designate the optional ingredients which
         shall be named  on the label  ...
                               ADULTERATED FOOD

XVI      SEC.  402.

              A food shall be deemed to be adulterated —

              (a)   (1)  If it bears or contains  any poisonous or deleterious
              substance which may render it injurious to health; but in case the
              substance is not an added substance,  such food shall not be
              considered adulterated under this  clause if the quantity of such
              substance in such food does not ordinarily render it injurious to
              health; or

                   (2)   (A) If it bears or contains any added poisonous or
              added deleterious substance which is unsafe within the meaning of
              section 406; or (B) if it is a raw agricultural commodity and it
              bears or contains a pesticide chemical which is unsafe within the
              meaning of such section 408(a); or (C) if it is or it bears or
              contains any food additive which is unsafe within the meaning of
              section 409:  Provided, that where a pesticide chemical has been
              used in or on a raw agricultural commodity in conformity with

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                              FD&CA - 6
     an exemption granted or a tolerance prescribed under section 408
     and sucty raw agricultural commodity has been subjected to
     processing such as canning, cooking, freezing, dehydrating, or
     milling! the residue of such pesticide chemical remaining in or on
     such p^cessed food shall, notwithstanding the provisions of
     sections 406 and 409, not be deemed unsafe if such residue in or on
     the rav agricultural commodity has been removed to the extent
     possible in good manufacturing practice and the concentration of
     such residue in the processed food when ready to eat is not greater
     than the tolerance prescribed for the raw agricultural
     commodity...; or

          (3)  If it consists, in whole or in part, of any filthy,
     putrid, or decomposed substance, or if it is otherwise unfit
     fo'r food; or

          (4)  If it has been prepared, packed, or held under unsanitary
     Conditions whereby it may have become contaminated with filth ...
     or whereby it may have been rendered injurious to health, ...;
     or ...

          (6)  If its container is composed,.in whole or in part, of any
     poisonous or deleterious substance which may render the contents
     injurious to health ...

     (b)  (1)  If any valuable constituent has been, in whole or in
     part, omitted or abstracted therefrom; or

          (2)  If any substance has been substituted wholly or in part
     therefor; or

          (3)  If damage or inferiority has been concealed in any
     manner; or

          (4)  If any substance has been added thereto or mixed or
     packed therewith so as to increase its bulk or weight, or reduce
     its quality or strength, or make it appear better or of greater
     value than it is.

     (c)  If it is, or it bears or contains, a color additive which
is unsafe within the meaning of section 706(a).

     (d)  If it is confectionery, and —

          (1)  has partially or completely imbedded therein any
     non-nutritive object...;

          (2)  bears or contains any alcohol other than alcohol not
     in excess of one-half of 1 per centum by volume derived solely
     from the use of flavoring extracts; or

          (3) bears or contains any non-nutritive substance...;

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                                        FD&CA - 7


                                 MISBRANDED FOOD


XV        SEC.  403.

               A food shall be deemed to be misbranded  —

               (a) If (1) its labeling is false or  misleading  in  any  particular,
          or (2)  in the case of a food to which section 411  [vitamins and
          minerals]  applies, its advertising is false or misleading in a material
          respect or its labeling is in violation of section 411(b)(2).

               (b)  If it is offered for sale under the name of another food.

               (c)  If it is an imitation of another food, unless its label  bears,
          in type of uniform size and prominence, the word "imitation" and,
          immediately thereafter, the name of the food  imitated...

               (e)  If in a package form, unless it bears a  label containing (1)
          the name and place of business of the manufacturer,  packer, or distri-
          butor;  and (2) an accurate statement of the quantity of the contents in
          terms of weight, measure, or numerical count.

               (f)  If any word, statement, or other information  required  by or
          under authority of this Act to appear on  the  label or labeling is  not
          prominently placed thereon, with such conspicuousness and in such  terms
          as to render it likely to be read and understood by  the ordinary
          individual under customary conditions of  purchase  and use.

               (g)  If it purports to be or is represented  as  a food  for which a
          definition and standard of identity has been  prescribed under section
          401,  unless (1) it conforms to such definition and standard, and (2) its
          label bears the name of the food as specified in  the definition  and
          standard,  and, insofar as may be required by  such regulations, the
          common names of optional ingredients (other  than  spices, flavoring, and
          coloring)  present in such food...

               (i)  If it is not subject to the provisions  of  paragraph (g)  of
          this section unless its label bears (1)  the  common or  usual name of the
          food, if any, and (2) in case it is fabricated from two or more ingredients,
          the common or usual name of each ingredient,  except that spices,
          flavorings, and colorings, other than those  sold as such,  pay be
          designated as spices, flavorings, and colorings without naming each:
          Provided,  that, to the extent that compliance with the requirements of
          clause  (2) of this paragraph is impracticable, or results  in deception
          or unfair competition, exemptions shall be established by  regulations
          promulgated by the Secretary.

               (j)  If it purports to be or is represented for special dietary
          uses, unless its label bears such information concerning its vitamin,
          mineral, and other dietary properties as the Secretary determines to be,
          and by regulations prescribes as, necessary  in order to fully inform
          purchasers as to its value for such uses.

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                              FD&CA - 8
     (k)  If it bears or contains any artificial flavoring, Artificial
coloring, or chemical preservative, unless it bears labeling Stating
that fact.  The provisions of this paragraph with respect to chemical
preservatives shall not apply to a pesticide chemical when used\ฃn or on
a raw agricultural commodity which is the produce of the soil.

     (1)  If it is a raw agricultural commodity which is the produce\
of the soil, bearing or containing a pesticide chemical applied after
harvest, unless the shipping container of such commodity bears
labeling which declares the presence of such chemical in or on
such commodity and the common or usual name and the function of such
chemical  ...
        TOLERANCES FOR POISONOUS INGREDIENTS IN FOOD
SEC. 406.

     Any poisonous or deleterious substance added to any food, except
where required in the production thereof or unavoidable by good
manufacturing practice, shall be deemed unsafe and the food deemed
adulterated, but when such substance is required or cannot be avoided,
the Secretary shall promulgate regulations limiting the quantity as he
finds necessary for the protection of public health, and any greater
quantity shall be deemed unsafe and the food deemed adulterated.  While
a regulation is in effect limiting the quantity of any substance in any
food, such food shall not, by reason of containing any added amount of
such substance, be considered adulterated.  In determining the quantity
of such added substance to be tolerated in different articles of food,
the Secretary shall take into account the extent to which such substance
is required or unavoidable in the production of such article, and any
other ways in which the consumer may be affected by the same or other
poisonous or deleterious substances.
       TOLERANCES FOR PESTICIDE CHEMICALS IN OR ON RAW
                  AGRICULTURAL COMMODITIES
SEC. 408...

     (b)  The Secretary* shall establish tolerances for use  (in or on
raw agricultural commodities) of poisonous or deleterious pesticide
     *Responsibilities for establishing tolerances under this section
were transferred by Executive Order to the Environmental Protection Agency.

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                                       FD&CA - 9


         chemicals and of pesticide chemicals which are not generally recognized
         by qualified experts as safe for use, to the extent necessary to protect
         the public health.  The Secretary shall give appropriate consideration,
         among other relevant factors, (1) to the necessity for the production of
         an adequate, wholesome, and economical food supply; (2)  to the other
         ways in which the consumer may be affected by the same pesticide
         chemical or by other related substances; and (3)  to the opinion of the
         Secretary of Agriculture as submitted with a certification of usefulness
         under this section.  The Secretary may establish  a tolerance at zero
         level if the scientific data before him do not justify the establishment
         of a greater tolerance.

              (c)  The Secretary shall exempt any pesticide chemical from the
         necessity of a tolerance when such a tolerance is not necessary to
         protect the public health.

              (d)  (1)  Any person who has registered, or  has applied for
XII           registration of an economic poison under the Federal Insecticide,
              Fungicide, and Rodenticide Act may petition  the Secretary, proposing
              establishing a tolerance for a pesticide chemical which constitutes,
              or is an ingredient of such economic poison, or proposing exempting
              the pesticide chemical from the requirement  of a tolerance.  The
              petition shall contain —

                        (A) the name, chemical identity, and composition of
                   the pesticide chemical;

I                       (B)  the amount, frequency, and time of application of
                   the pesticide chemical;

                        (C)  full reports of investigations made with respect to
                   the safety of the pesticide chemical;

I                       (D)  the results of tests on the amount of residue
                   remaining, including a description of the analytical methods
                   used;

                        (E)  practicable methods for removing residue which
                   exceeds any proposed tolerance;

                        (F)  proposed tolerances for the pesticide chemical  if
                   tolerances are proposed; and

                        (G)  reasonable grounds  in support  of the petition.

              Samples of the chemical shall be furnished  to  the  Secretary  upon
              request.  Notice of the filing of  such petition shall  be  published
              in general terms by the Secretary  within  thirty days after filing.
              Such notice  shall include the analytical  methods available for the
              determination of the residue of  the pesticide chemical for which a
              tolerance or exemption is proposed.

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                                        FD&CA  -  10
X                   (2)  Within  ninety  days  after  certification of usefulness by
               the  Secretary  of  Agriculture  the  Secretary shall, by order make
               public  a  regulation  —

                         (A)   establishing a tolerance  for  the pesticide chemical,
                    or

                         (B)   exempting the  pesticide chemical from the necessity
                    of a tolerance,

               unless  the  person filing the  petition requests or the Secretary
               decides that the  petition should  be referred to an advisory
               committee.

                    (3)   If necessary,  the Secretary shall  submit the petition
               and  any other  data before him to  an advisory committee.  Not later
               than sixty  days thereafter, the committee shall certify to the
               Secretary a report and recommendations on the proposal together
               with all  underlying  data and  a statement of  the reasons or basis
               for  the recommendations.   The sixty-day  period may be extended by
               the  advisory committee for an additional thirty days.  Within
               thirty  days, the  Secretary shall  then, by order, make public a
               regulation  —

                         (A)   establishing a tolerance  for  the pesticide chemical;
                    or

                         (B)   exempting the  pesticide chemical from the necessity
                    of a tolerance...

               (e)   The  Secretary may at any time,  upon his own initiative or upon
         the request  of any  interested person,  propose establishing a tolerance
         for a pesticide  chemical  or exempting  it from the necessity of a
         tolerance.   Thirty  days after publication of  such a proposal, the
         Secretary  may  by order  publish a regulation based upon the proposal
         which shall  become  effective  upon  publication unless within such
         thirty-day period a person who has registered, or who has submitted an
         application  for  the registration of, a pesticide  under the Federal
         Insecticide, Fungicide, and Rodenticide  Act containing the pesticide
         chemical names in the proposal, requests that the proposal be referred
         to an advisory committee.  In the  event  of such a request, the Secretary
         shall forthwith  submit  the proposal and  other relevant data before him
         to an advisory committee  to be appointed in accordance with subsection
         (g),  below.  As  soon as practicable after such referral, but not later
         than  sixty days  thereafter, unless extended as hereinafter provided, the
         committee  shall, after  independent study of the data submitted to it by
         the Secretary  and other data  before it,  certify to the Secretary a
         report and recommendations on the  proposal together with all underlying

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                                        FD&CA -  11


          data and a statement of the reasons or basis  for  the recommendations.
          The sixty-day period provided  for  herein may  be extended by the advisory
          committee for an additional thirty days if  the advisory committee deems
          this necessary.   Within thirty days after such certification,  the
          Secretary may, after giving due consideration to  all data before him,
          including such report,  recommendations, underlying data and statement,
          by order publish a regulation  establishing  a  tolerance for the pesticide
          chemical names in the proposal or  exempting it from the necessity of a
          tolerance which shall become effective upon publication.  Regulations
          issued under this subsection shall upon publication be subject to
          paragraph (5) of subsection (d).

               (f)  All data submitted to the Secretary or  to an advisory
          committee in support of a petition under this section shall be con-
          sidered confidential by the Secretary  and by  such advisory committee
          until publication of a  regulation  under paragraph (2) or (3) of
          subsection (d) of this  section. Until such publication, such  data shall
          not be revealed to any  person  other than those authorized by the Secretary
          or by an advisory committee in the carrying out of their official duties
          under this section.

               (h)  A person who  has filed a petition or who has requested the
          referral of a proposal  to an advisory  committee in accordance  with the
          provision of this section, as  well as  representatives of the Department
          of Health, Education, and Welfare, shall have the right to consult with
          any advisory committee  provided for in subsection (g) in connection with
          the petition or proposal...

II             (j)  The Secretary may, upon  the  request of  any person who has
          obtained an experimental permit for a  pesticide chemical under the
          Federal Insecticide, Fungicide, and Rodenticide Act or upon his own
          initiative, establish a temporary  tolerance for the pesticide  chemical
          for the uses covered by the permit whenever in his judgment such  action
          is deemed necessary to  protect the public health, or may  temporarily
          exempt such pesticide chemical from a  tolerance.  In establishing such a
          tolerance, the Secretary shall give due regard to the necessity for
          experimental work in developing an adequate,  wholesome, and economical
          food supply and to the  limited hazard  to  the  public health involved  in
          such work when conducted in accordance with applicable  regulations  under
          the Federal Insecticide, Fungicide, and Rodenticide Act...

XI             (1)  The Secretary of Agriculture, upon  request  of any person who
          has registered, or who  has submitted an application  for  the registration
          of, a pesticide under the Federal  Insecticide, Fungicide,  and Rodenticide
          Act, and whose request  is accompanied  by  a  copy  of  a  petition filed by
          such person under subsection (d)(1) with  respect  to  a pesticide chemical
          which constitutes, or is an ingredient of,  such   [a pesticide], shall,
          within thirty days, or  within sixty days  if upon notice prior to the
          termination of such thirty days the Secretary deems it necessary to
          postpone action for such period, on the basis of  data before him,
          either —

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                                         FD&CA -  12
                     (1)   certify to  the Secretary of  Health,  Education, and Welfare
                that  such pesticide chemical is  useful for  the purpose  for which a
                tolerance or  exemption is sought;  or

                     (2)   notify the  person requesting the  certification of his
                proposal  to certify that the pesticide chemical does  not appear to
                be useful for the purpose for which a  tolerance or  exemption is
                sought, or appears to be useful  for only some  of the  purposes  for
                which a tolerance or  exemption is  sought.

           In  the event that  the Secretary of Agriculture takes the action
           described  in clause (2) of the preceding sentence,  the person requesting
           the certification, within  one week after receiving  the proposed
           certification,  may either  (A) request the Secretary of Agriculture  to
           certify to the Secretary of Health, Education, and  Welfare on the basis
           of  the proposed certification; (B) request  a hearing on  the  proposed
           certification  or the parts thereof objected to;  or  (C) request both such
           certification  and  such hearing. If no such  action is taken,  the
           Secretary  may  by order make the certification as proposed.   In the  event
           that the action described  in clause (A) or  (C) is taken, the Secretary
           of  Agriculture shall provide an opportunity for  a prompt hearing.   The
           certification  of the Secretary of Agriculture as the result  of such
           hearing shall  be made by order and shall be based'only on  substantial
           evidence of record at the  hearing and shall set  forth detailed findings
           of  fact.   In no event shall the time  elapsing between the  making of a
           request for a  certification under this  subsection and final  certifi-
           cation by  the  Secretary of Agriculture exceed one  hundred and sixty
           days.   The Secretary shall submit to  the Secretary  of Health, Educa-
           tion,  and  Welfare  with any certification of usefulness under this
           subsection an  opinion, based on the data before  him, whether the
           tolerance  or exemption proposed by the  petitioner reasonably reflects
           the amount of  residue likely to result  when the  pesticide  chemical  is
           used in the manner proposed for the purpose for  which the  certification
           is  made.   The  Secretary of Agriculture, after due notice and opportunity
           for public hearing,  is authorized to  promulgate  rules and  regulations
           for carrying out the provisions of this subsection...
                                  FOOD ADDITIVES

                               UNSAFE  FOOD ADDITIVES
           SEC.  409.
XVI             (a) A  food  additive  shall,  with respect  to  any particular  use  or
           intended use, be deemed unsafe and  the food adulterated  unless  —

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                             FD&CA - 13
          (1)   the additive and its use conform to an exemption in
     effect pursuant  to this section; or

          (2)   there  is a regulation issued under this section pre-
     scribing  the conditions under which such additive may be safely
     used  and  that regulation is complied with. . .
                PETITION TO ESTABLISH SAFETY*
     (b)   (1)  Any person may file with the Secretary a petition
     proposing the issuance of a regulation prescribing the conditions
     under which such additive may be safely used.

          (2)  Such petition shall, in addition to any explanatory
     or  supporting data, contain —

              (A)  the name and all pertinent information concerning
          such food additive, including, where available, its chemical
          identity and composition;

              (B)  a statement of the conditions of the proposed use of
          such additive, including all directions, recommendations, and
          suggestions proposed for the use of such additive, and
          including specimens of its proposed labeling;

              (C)  all relevant data bearing on  the physical or other
          technical effects such' addition is intended to produce, and
          the quantity of such addition required  to produce such effect;

              (D)  a description of practicable  methods for determining
          the quantity of such additive in or on  food, and any
          substance formed in or on food, because of its use; and

              (E)  full reports of investigations made with respect
          to the safety of use of such additive,  including full infor-
          mation on the methods and controls used in conducting such
          investigations .

          (3)  Upon request of the Secretary,  the manufacturer  of  such
     additive shall furnish a full description  of the methods used in,
     and the facilities and controls used  for,  the production of such
     additive.

          (4)  Upon request of the Secretary,  the petitioner  shall
     furnish samples  of  the food additive  involved,  or  articles used as
     components  thereof, and  of the  food in or on which the  additive is
     proposed  to be used...
*    EPA is responsible for establishing food additive regulations  for
pesticide chemicals when processing raw agricultural commodities
results in concentration of pesticide residues.

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                                   FD&CA - 14
                        ACTION ON THE PETITION
II        (c)   (1)   The Secretary shall —

                    (A)  by order establish a regulation prescribing
               [among other things]...  any directions or other labeling or
               packaging requirements for such additive deemed necessary by
               him to assure the safety of such use;  or

                    (B)  by order deny the petition...

               (3)   No such regulation shall issue if a fair evaluation of
          the  data before the Secretary —

                    (A)  fails to establish that the  proposed use of the
               food additive will be safe:  Provided, that no additive shall
               be deemed to be safe if it is found to induce cancer when
               ingested by man or animal, or if it is found, after tests
               which are appropriate for the evaluation of the safety of food
               additives, to induce cancer in man or  animal, except that
               this proviso shall not apply with respect to the use of a
               substance as an ingredient of animals  which are raised for
               food production if the Secretary finds (i)  that, under the
               conditions of use and feeding specified in proposed labeling
               and reasonably certain to be followed  in practice, such
               additive will not adversely affect the animals for which such
               feed is intended, and (ii) that no residue of the additive
               will be found (by methods of examination prescribed or
               approved by the Secretary by regulations, which regulations
               shall not be subject to objections, public hearings or
               judicial review)  in any edible portion of such animal after
               slaughter or in any food yielded by or derived from the living
               animal; or

                    (B)  shows that the proposed use  of the additives would
               promote deception or otherwise result  in misbranding or
               adulteration.

               (4)   ... the Secretary —

                    (A)  shall not fix a tolerance limitation at a level
               higher than required to  accomplish the physical or other
               technical effect for which such additive is intended; and

                    (B)  shall not establish a regulation for such proposed
               use  if he finds that the data do not establish that such use
               would accomplish the intended physical or other technical
               effect.

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                                       FD&CA - 15


                   (5)  In determining whether a proposed use of a food additive
              is safe, the Secretary shall consider —

                        (A)  the probable consumption of the additive and of
                   any substance formed in or on food because of the use of the
                   additive;

                        (B)  the cumulative effect of such additive in the diet
                   of man or animals, taking into account any chemically or
                   pharmacologically related substance or substances in such
                   diet; and

                        (C)  safety factors which are generally recognized as
                   appropriate for the use of animal experimentation data.


                  REGULATION ISSUED ON SECRETARY'S INITIATIVE


H            (d)  The Secretary may at any time, upon his own initiative,
         propose the conditions under which an additive may be safely used, and
         the reasons therefor.  After the thirtieth day following publication of
         such a proposal, the Secretary may by order establish a regulation based
         upon his proposal  ...

iv            (f)  (1)  ... any person adversely affected by an order under
              subsection (c) or (d) above, may request a hearing...


                      EXEMPTIONS FOR INVESTIGATIONAL USE


X             (i)      the  Secretary shall provide for exempting from  the  require-
         ments of this section any food additive, and any food bearing  or
         containing such additive, intended solely for investigational  use by
         qualified experts  when in his opinion such exemption is consistent with
         the public health.

              [SEC. 411, VITAMINS AND MINERALS,  is omitted  because  of  the
              improbability that these substances will ever be  important
              in toxic substances regulation.]

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                                        FD&CA -  16


                         CHAPTER V —  DRUGS  AND  DEVICES*

                         ADULTERATED DRUGS AND DEVICES


XVI       SEC.  501.

               A drug  or  device shall  be deemed  to  be adulterated  —

               (a)   ...;  (3)  if its container is composed,  in whole or  in part, of
          any poisonous or  deleterious substance which may  render  the contents
          injurious  to health;  (4) if  it bears or contains,  for purposes of
          coloring only,  a  color additive which  is  unsafe within the meaning of
          section 706(a)  ...;  (5)  if it is a new animal drug which is unsafe
          within the meaning  of section 512;  or  (6)  if it is an animal  feed
          bearing or containing a new  animal drug,  and such animal feed is unsafe
          within the meaning  of section 512.

               (b)   If it is  a  drug and its  strength differs from, or its quality
          or purity  falls below,  the standards set  forth in an official compendium.
          Such  determination  as to strength,  quality, or purity shall be made in
          accordance with the tests or methods of assay set forth  in such compendium,
          except when  tests or  methods as are prescribed are, in the judgment of
          the Secretary,  insufficient  for making such determination.  In such
          case,  the  Secretary shall bring that fact to the  attention of the body
          charged with the  revision of such  compendium.  If such body fails to
          prescribe  tests or methods of assay which are sufficient, the Secretary
          shall prescribe appropriate  tests  or methods of assay ...


                         MISBRANDED DRUGS AND DEVICES


XVI       SEC.  502.
IX
               A drug  or  device shall  be deemed  to  be misbranded —

               (a)   If its  labeling is false or  misleading  in any  particular.

               (b)   If in a package form, unless it bears a label  containing (1)
          the name and place of business of  the  manufacturer, packer, or dis-
          tributor;  and (2) an  accurate statement of the quantity  of the contents
          in terms of  weight, measure,  or numerical count.
         *    Because of their non-chemical nature and  consequent non-toxic
         nature, most provisions dealing with or referring  to devices are
         omitted from the compendium.

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                              FD&CA - 17
     (c)  If any word, statement, or other information required by or
under authority of this Act to appear on the label or labeling is not
prominently placed thereon with such conspicuousness and in such terms
as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.

     (d)  If it is for use by man and contains any quantity of the
narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-
eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine,
heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulfon-
methane; or any chemical derivative of such substance, which derivative
has been, after investigation, found by the Secretary to be habit
forming; unless its label bears the name, and quantity or proportion of
such substance or derivative and in juxtaposition therewith the statement
"Warning — May be habit-forming".

     (e)  (1)  If it is a drug, unless (A) its label bears the
     established name and quantity of each active ingredient, including
     the quantity, kind, and proportion of any alcohol, and also
     including, whether active or not, the established name and quantity
     or proportion of any bromides, ether, chloroform, acetanilide,
     acetophenetidin, amidopyrine, antipyrine, atr.opine, hyoscine,
     hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury,
     ouabain, strophanthin, strychnine, thyroid, or any derivative or
     preparation of such substances, contained therein...

          (3)  As used in subparagraph (1) "established name'1 means  (A)
     the applicable official name designated purusant to section 508, or
     (B) if such drug or ingredient is recoginzed in an official
     compendium, then the official title in such compendium, or  (C)  if
     neither (A) or (B) applies, then the cpmmon or usual name.

     (f)  Unless its labeling bears (1) adequate directions for use;  and
(2) such adequate warnings against use in those pathological conditions
or by children where its use may be dangerous to health, or against
unsafe dosage or methods or duration of administration or application,'
in such manner and form as are necessary for the protection of users ...

     (g)  If it purports to be a drug the name of which is recognized in
an offical compendium, unless it is packaged and labeled as prescribed
therein...

     (j)  If it is dangerous to health when used in the dosage or
manner, or with the frequency or duration prescribed, recommended,  or
suggested in the labeling thereof...

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                                        FD&CA -  18
                                    NEW DRUGS


          SEC. 505.

               (a)  No person  shall introduce or deliver for  introduction into
          interstate commerce  any new drug, unless an approval of an application
          filed pursuant  to  subsection  (b) below is effective with respect to such
          drug.

               (b)  Any person may file with the Secretary an application with
          respect to any  new drug. Such person shall submit to the Secretary as a
z         part of the application  (1) full reports of investigations which have
          been made to show  whether or not such drug is safe  for use and whether
XII       such drug is effective in use;  (2) a full list of the articles used as
XII       components of such drug; (3) a  full statement of the composition of such
          drug; (4) a full description of the methods used in, and the facilities
          and control used for the manufacture, processing, and packaging of such
          drug; (5) samples  of such drug  and of the articles  used as components
          thereof as the  Secretary may require; and (6) specimens of the labeling
          proposed to be  used  for such drug.

               (c)  Within one hundred and eighty days after  the filing of an
          application under  this subsection, or such additional period as may be
          agreed upon by  the Secretary and the applicant, the Secretary shall
          either —

                    (1)   approve the application if he then finds that none
               of the grounds  for denying approval specified  in subsection (d)
               below applies,  or

                    (2)   give  the applicant notice of an opportunity for a hearing
               before the Secretary under subsection (d) on the question of
               whether such  application is approvable.

II             (d)  If the Secretary finds, after due notice  and opportunity for a
II        hearing that (1) the investigations do not include  adequate tests by all
          methods reasonably applicable to show whether or not such drug is safe
          for use under the  conditions prescribed, recommended, or suggested in
          the proposed labeling; (2) the results of such tests show that such drug
          is unsafe for use under such conditions or do not show that such drug is
          safe for use under such conditions; (3) the methods used in, and the
          facilities and controls used for, the manufacture,  processing, and
          packaging of such drug are inadequate to preserve its identity,
          strength,  quality, and purity;  (4) he has insufficient information to
          determine whether such drug is safe for use under such conditions; or
          (5) there is a lack  of substantial evidence that the drug will have the

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                                         FD&CA -  19


           effect it purports or is represented to have;  or  (6)  such labeling is
           false or misleading in any particular; he  shall issue an  order  refusing
           to approve the application.  If,  after  notice and  opportunity  for
           hearing, the Secretary finds that  clauses  (1)  through (6)  do  not  apply,
           he shall issue an order approving  the  application.  As used in  this
           subsection and subsection (e)  below, "substantial evidence" means
           evidence consisting of adequate  and well-controlled investigations,
           including clinical investigations  by experts on the basis of  which it
           could fairly and responsibly be  concluded  by experts  that the drug will
           have the effect it purports or is  represented  to  have...

VI              (e) ...:  Provided, that if the Secretary finds  that there is an
XII        imminent hazard to the public health,  he may suspend  the  approval of
VIII       such application immediately ... The Secretary may also,  after  due
           notice to the applicant and opportunity for hearing,  withdraw the
           approval of an application with  respect to any drug under this  section
           if the Secretary finds (1) that  the applicant  has failed  to establish  a
           system for maintaining required  records, or has repeatedly or
           deliberately failed to maintain  such records or to make required
           reports, in accordance with a regulation or order under subsection (j)
           or to comply with the notice requirements  of paragraph 510(j)(2), or the
           applicant has refused to permit  access to, or  copying or  verification
           of such records as required...

X               (i)  The Secretary shall by regulation exempt from this  section
           drugs intended solely for investigational  use  by  experts.  Such
           regulations may (in the discretion of  the  Secretary)  among other
           conditions,  require —

                     (1)  submission (before  any  clinical testing of a new drug
*               is undertaken) of reports of  investigations  or  preclinical tests
                adequate to justify the proposed  clinical testing;

                     (2)  obtaining a signed  agreement  from  each investigator that
XI              patients to whom the drug is  administered will  be under  his
                personal supervision, or under the supervision  of investigators
                responsible to him, and that  he will  not  supply such drug to  any
                other investigator, or to clinics,  for  administration to human
                beings; and

VII                  (3)  establishment and maintenance of such records, and  the
                making of such reports as the Secretary finds will enable him to
VI              evaluate the safety and effectiveness of  such drug in the event  of
                the filing of an application  pursuant to  section  (b) above.

XI         Such regulations shall require investigators to certify to the sponsor
           that they will inform any human beings to whom such drugs or any
           controls are being administered (or their representatives),  that such
           drugs are being used for investigational purposes, and that  the  consent

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                                        FD&CA - 20


          of such human beings (or their representatives)  will be obtained except
          where they deem it not feasible or, in their professional judgment,
          contrary to the best interests of such human beings.  Nothing in this
          subsection shall be construed to require any clinical investigator to
          submit directly to the Secretary reports on the  investigational use of
          drugs.

               (j)  (1)  In the case of any approved application, the applicant
               shall establish and maintain such records,  and make such reports —
VI             of data relating to clinical experience and other data or infor-
               mation, received or otherwise obtained by such applicant with
               respect to such drug — as the Secretary may by general regulation,
               or by special order, prescribe on the basis of a finding that such
               records and reports are necessary in order  to enable the Secretary
               to determine, or facilitate a determination, whether there is or
               may be grounds for invoking subsection (e)  of this section
               [withdrawal or suspension of approval]...

VIII                (2)  Every person required under this  section to maintain
               records, and every person in charge or custody thereof, shall,  upon
               request of an officer designated by the Secretary, permit such
               officer at all reasonble times to have access to and to copy and
               verify such records.

               [SEC. 506, CERTIFICATION OF DRUGS CONTAINING INSULIN,
               and SEC 507, CERTIFICATION OF ANTIBIOTICS,  are omitted
               because of the improbability that these substances
               will ever be important in toxic substances  regulation.]
                      AUTHORITY TO DESIGNATE OFFICIAL NAMES
          SEC.  508.

               (a)   The Secretary may designate an official name for any drug or
          device if  necessary or desirable in the interest of usefulness and
          simplicity.   Any official name shall be the only official name used in
          any official compendium or for any other purpose of this Act.   In no
          event shall  the Secretary establish an official name so as to  infringe a
          valid trademark.

               (b)   At such times as he may deem necessary, the Secretary shall
          review the official names by which drugs are identified in the official
          United States Pharmacopeia, the official Homeopathic Pharmacopeia of the
          United States, the official National Formulary, and all supplements
          thereto to determine whether revision of any of those names is necessary
          or desirable in the interest of usefulness and simplicity.

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                                       FD&CA -  21
              (d)   After each such review,  the  Secretary  shall compile, publish,
         and distribute a list of all revised official names of drugs or devices
         designated under this section which list  shall contain descriptive and
         explanatory matter the Secretary determines  to be required for the
         effective use of those names.
                REGISTRATION OF PRODUCERS  OF DRUGS AND DEVICES


x        SEC.  510.

              (a)  As used in this section  —

                   (1)   "manufacture,  preparation, propagation,  compounding,  or
              processing" shall include repackaging  or otherwise changing  the
              container, wrapper, or labeling of  any drug  or  device package in
              the  distribution of the drug or device from  the original  place  of
              manufacture to the person who makes final  delivery or sale to the
              ultimate  consumer or user...

              (b)   On or before December 31 of each  year every person who  owns or
         operates  any establishment engaged in the manufacture,  preparation,
         propagation, compounding, or processing  of  drugs  or  devices  shall
         register  with  the Secretary his name, places of business, and  all such
         establishments.

              (c)   Every person — upon first engaging in  the manufacture, pre-
         paration,  propagation, compounding, or processing of a  drug  or drugs or
         a device  or devices in any establishment which  he owns  or operates  —
         shall immediately register with the Secretary his name, place  of
         business,  and  such establishment.

              (d)   Every person duly registered shall immediately register with
         the Secretary  any additional establishment  which  he  owns or  operates and
         in which  he begins manufacture, preparation, propagation,  compounding,
         or processing  of drugs or devices.

              (e)   The  Secretary may assign a registration number to  any person
         or any establishment registered in accordance with this section.  The
         Secretary may  also assign a listing number  to  each drug or  class of
         drugs listed under subsection (j) below.

XIV           (f)   The  Secretary shall make available for inspection any registration
         filed pursuant to this section, except that any list or data submitted
         pursuant  to subsection (j) below shall be exempt from inspection (unless
         such exemption would be inconsistent with protection of the public
         health).

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                                       FD&CA - 22


              (g)   The  foregoing subsections of this  section shall  not  apply
         to  —

                   (1)  pharmacies ...

                   (2)  practitioners  licensed by law  ...;

                   (3)   persons  who manufacture ... drugs  or devices  solely
             for  use in research,  teaching or chemical  analysis  and  not
             for  sale;

                   (4)   such other  classes  of persons as the Secretary  may
             by regulation exempt  ...

VIII          (h)   Every establishment  registered  under  this section  shall be
         subject to inspection under  section 704 [factory  inspection] and every
         establishment  dealing with drugs or devices  classified in  class II or
         III shall be inspected  at  least  once in every two-year period.

              (i)   Any  applicable establishment within any foreign  country shall
         be  required to provide  the information required by subsection  (j) below.

XII          (j)   (1)   Every person  shall,  at the time  of registration
             file with the Secretary a list of all drugs  and devices which are
             being manufactured, prepared,  propagated,  compounded, or  processed
             by him for commercial distribution and  which he has not filed with
             the  Secretary before.   Such list shall  be  prepared  in such form and
             manner as the Secretary may prescribe and  shall be  accompanied by --

                        (A)   in  the case  of a drug contained in the applicable
                   list and subject to  section 505 [new  drugs]  ...  a  reference to
                   the  authority for  the  marketing of such drug or  device and a
                   copy of  all labeling for such drug or device;

                        (B)   in  the case  of any other drug contained  in an
                   applicable list —

XIII                         (i)  which is  subject to section 503(b)(l)  [dispensing
                        prescription  drugs], a copy of all labeling for such
                        drug,  a  representive sampling of advertisements for such
                        drug and, upon  request made by  the Secretary  for good
                        cause, a  copy of  all advertisements for a particular drug
                        product,  or

                             (ii) which drug is not subject to section  503(b)(l)
                        [i.e., over the counter drug], the label  and  package
                        insert for such drug or device and a representative
                        sampling  of any other labeling for such drug  or device;

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                                      FD&CA - 23


                        (C)  in the case of any prescription or non-prescription
XIII              drug, a quantitative listing of its active ingredient or
                  ingredients, except that  — with respect to a particular drug
                  product — the Secretary may require the submission of a
                  quantitative listing of all ingredients if necessary to carry
                  out the purposes of this Act ...
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A                 (2)   Each person who registers with the Secretary under this
             subsection shall report to the Secretary once during the month of
             June of each year and once during the month of December of each
             year the following information:

                        (A)  A list of each drug or device introduced by the
                  registrant for commercial distribution which he has not
                  previously filed with the Secretary.  A list under this
                  subparagraph shall list a drug or device by its established
                  name  (as defined in section 502(e)) and by any proprietary
                  name  it may have and shall be accompanied by the other
                  information required by paragraph (1) above.

                        (B)  If, since the date the registrant last made a report
                  under this paragraph, he has discontinued the manufacture,
                  preparation, propagation, compounding, or processing for
                  commercial distribution of a drug, notice of such dis-
                  continuance, the date of such discontinuance, and the identity
                  of such drug or device.

                        (C)  If, since a notice of discontinuance, the registrant
                  has resumed the manufacture, preparation, propagation,
                  compounding, or processing for commercial distribution of a
                  discontinued drug, notice of such resumption, the date of such
                  resumption, the identity of the drug and the other information
                  required by paragraph (1) above ...

                        (D)  Any material change in information previously
                  submitted pursuant to this paragraph or paragraph  (1) above.

XII               (3)   The Secretary may also require each registrant under  this
             section to submit a list of each drug product which  (A) the
             registrant is manufacturing, preparing,  propagating, compounding,
             or processing for commercial distribution,  and  (B) contains a
             particular ingredient.
                               NEW ANIMAL DRUGS
x        SEC.  512.
              (a)   (1)   A new animal drug shall be deemed unsafe for the purposes
              of  section 501(a)(5)  and section 402(a)(2)(D) unless —

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                                        FD&CA -  24


                         (A)   there  is  in  effect an  approved application filed
                   pursuant  to  subsection (b) below with  respect  to  its use or
                   intended  use,

                         (B)   the  drug,  its  labeling, and  use  conform to the
                   approved  application,  and

                         (C)   in the case  of a new animal  drug subject to sub-
                   section  (n)  below,  it  is from a  batch  for  which a certificate
                   is  in effect...

                   (2)  An animal feed bearing  or containing  a new animal drug
              shall be deemed unsafe for  the purposes of  section  501(a)(6)
              unless —

                         (A)   there  is  in  effect an  approved application filed
                   pursuant  to  subsection (b) below with  respect  to  the drug, as
                   used in the  animal  feed,

                         (B)   there  is  in  effect an  approved application pursuant
                   to  subsection  (m)(l) below with  respect to such animal feed,
                   and

                         (C)   the  animal feed, its labeling, and use  conform to
                   the conditions and  indications of use  published pursuant to
                   subsection (i) below and to  the  application approved under
                   subsection (m).

                   (3)  A new animal drug or an animal feed bearing  or containing
              a new animal drug shall  not be deemed unsafe for the purposes of
              section  501(a)(5) or  (6)  if it is for investigational  use and
              conforms to the terms of an exemption in effect under  section
              512 (j).

              (b)  Any person may file with the Secretary an  application with
         respect to any intended  use or uses of a new animal  drug.   Such person
I        shall submit  to the  Secretary as a part of the application  (1) full
XII      reports of investigations  which  have been  made to show whether or not
         such drug is  safe and  effective  for use; (2) a full  list of the articles
         used as components of  such drug; (3) a full statement of the composition
         of such drug; (4) a  full description of the methods  used in,  and the
         facilities and controls  used  for,  the  manufacture, processing, and pack-
         ing of such drug; (5)  such samples  of  such drug  and  of the  articles used
         as components thereof, of  any animal feed  for use in or  on  which such
         drug is intended, and  of the  edible portions or  products (before or
         after slaughter) of  animals to which such  drug (directly or in or on
         animal feed)  is intended to be administered, as  the  Secretary may
         require; (6) specimens of  the labeling proposed  to be used  for such drug
         or in animal  feed;  (7) a description of practicable  methods for

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                              FD&CA - 25
determining the quantity, if any, of such drug in or on food,  and any
substance formed in or on food, because of its use;   and (8) the proposed
tolerance or withdrawal period or other use restrictions for such drug
required in order to assure that the proposed use of such drug will be
safe.

     (c)  Within one hundred and eighty days after the filing of an
application pursuant to subsection (b), or such additional period as may
be agreed upon by the Secretary and the applicant, the Secretary shall
either  (1) issue an order approving the application if he then finds
that none of the grounds for denying approval specified in subsection
(d) applies, or (2) give the applicant notice of an opportunity for a
hearing.

     (d)  (1)  If the Secretary finds, after notice and hearing,
     that —

               (A)  the investigations do not include adequate tests
          by all methods reasonably applicable to show whether or not
          such drug is safe for use under the conditions prescribed,
          recommended, or suggested in the proposed labeling;

               (B)  the results of such tests show that such drug is
          unsafe for use under such conditions or do not show that such
          drug is safe for use under such conditions;

               (C)  the methods used in, and the facilities and controls
          used for, the manufacture, processsing, and packing of such
          drug are inadequate to preserve its identity, strength,
          quality, and purity;

               (D)  upon the basis of the information submitted to him
          as part of the application, or upon the basis of  any other
          information before him with respect to such drug, he has
          insufficient information to determine whether such drug is
          safe for use under such conditions;

               (E)  evaluated on the basis of the information submitted
          to him as part of the application and any other information
          before him with respect to such drug, there is a  lack of
          substantial evidence that the drug will be effective;

               (F)  upon the basis of  the information submitted  to  him
          as part of the application or any other information before him
          with respect to such drug, the tolerance  limitation proposed,
          if any, exceeds that reasonably required  to accomplish  the
          physical or other technical  effect for which  the  drug is
          intended;

               (G)  based on a fair evaluation  of all material  facts,
          such labeling is false or misleading  in any particular;  or

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                                       FD&CA - 26
                        (H)   such drug induces cancer when ingested by man
                   or animal or,  after tests which are appropriate for the
                   evaluation of  the safety of such drug,  induces  cancer  in man
                   or animal, except that the foregoing provisions of  this
                   subparagraph shall not apply with respect to such drug if the
                   Secretary finds that,  under the conditions of use specified in
                   proposed  labeling and  reasonably certain to be  followed in
                   practice  (i)  such drug will not adversely affect the animals
                   for which it is intended, and (ii) no residue of such  drug
                   will be found  (by methods of examination prescribed or
                   approved  by the Secretary by regulations, which regulations
                   shall not be subj ect to subsections (c),  (d), and (h)),  in any
                   edible portion of such animals after slaughter  or in any food
                   yielded by or  derived  from the living animals;

              he shall issue an order refusing to approve  the application.   If,
              after such notice and opportunity for hearing, the Secretary finds
              that  subparagraphs  (A)  through (H) do not apply, he  shall issue an
              order approving the application.

                   (2)  In determining whether such drug is safe for use  under
              the conditions prescribed,  recommended, or suggested in  the
              proposed labeling thereof,  the Secretary shall consider, among
              other relevant factors, (A) the probable consumption of  such drug
              and of any substance formed in or on food because of the use of
              such  drug,  (B) the  cumulative effect on man  or animal of such drug,
              taking into account any chemically or pharmacologically  related
              substance,  (C) safety factors which in the opinion of experts,
              qualified by scientific training and experience to evaluate the
              safety of such drugs,  are appropriate for the use of animal
              experimentation data,  and (D)  whether the conditions of  use
              prescribed,  recommended,  or suggested in the proposed labeling are
              reasonably certain  to be followed in practice.   Any  order issued
              under this subsection refusing to approve an application shall
              state the findings  upon which it is based.

XVI                (3)  As used in this subsection and subsection  (e),
              "substantial evidence"  means evidence consisting of  adequate
              and well-controlled investigations,  including field  investigation,
              by experts  qualified by scientific training  and experience  to
              evaluate the effectiveness  of  the drug involved,  on  the  basis of
              which it could fairly  and reasonably be concluded by such experts
              that  the drug  will  have the effect it purports or is represented to
              have  under  the conditions of use prescribed,  recommended, or
              suggested in the labeling or proposed labeling thereof.

IV            (e)   (1)   The  Secretary shall,  after due notice and  opportunity for
              hearing  to  the applicant, issue an order withdrawing approval of a
              new animal  drug if  he  finds —

                        (A)   that experience or scientific  data show that  such
                   drug is unsafe for use under the conditions of  use  upon the
                   basis  of  which application was  approved;

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                                      FD&CA - 27


                       (B)  that new evidence not contained in such application
                  or not available to the Secretary until after such application
                  was approved, or tests by new methods, or tests by methods
                  not deemed reasonably applicable when such application was
                  approved, evaluated together with the evidence available to
                  the Secretary when the application was approved, shows that
                  such drug is not shown to be safe for use under the conditions
                  of use upon the basis of which the application was approved or
                  that subparagraph (H) of paragraph (1) of subsection (d)
                  applies to such drug;

                       (C)  on the basis of new information before him with
                  respect to such drug, evaluated together with the evidence
                  available to him when the application was approved, that there
                  is a lack of substantial evidence that such drug will have the
                  effect it purports or is represented to have under the
                  conditions of use prescribed, recommended, or suggested in the
                  labeling thereof;

                       (D)  that the application contains any untrue statement
                  of a material fact; or

                       (E)  that the applicant has made any changes from the
                  standpoint of safety or effectiveness beyond the variations
                  provided for in the application by filing with  the Secretary
                  adequate information respecting all such changes and unless
                  there is in effect an approval of the supplemental appli-
                  cation.  The supplemental application shall be  treated in the
                  same manner as the original application.

             If  the Secretary  (or in his absence the officer acting as Secretary)
             finds that there is an imminent hazard to  the health of man or of
             the animals for which such drug is intended, he may  suspend  the
             approval of such application immediately,  and give the applicant
IV           prompt notice of his action and afford the applicant opportunity
             for an expedited hearing under this subsection; but  the authority
             conferred by this sentence to suspend the  approval of an application
             shall not be delegated.

                  (2)  The Secretary may also, after due notice and  opportunity
             for hearing to the applicant, issue an order withdrawing  the
             approval of an application with respect to any new animal  drug
             under this section if the Secretary finds  —

Vi                      (A)  that the applicant has failed  to  establish a system
                  for maintaining required records, or  has  repeatedly  or
                  deliberately failed  to maintain  such  records,  or to  make
                  required reports in  accordance with  a regulation or  order
                  under subsection  (1), or  the  applicant  has  refused to permit
                  access  to, or copying or verification of,  such records as
                  required by  paragraph  (2)  of  such  subsection;

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                                       FD&CA - 28


                         (B)  that on the basis of new information before him,
                   evaluated together with the evidence before him when the
                   application was approved, the methods used in, or the facilities
"                  and controls used for, the manufacture, processing, and
                   packing of such drug are inadequate to assure and preserve its
                   identity, strength, quality, and purity and were not made
                   adequate within a reasonable time after receipt of written
                   notice from the Secretary specifying the matter complained of;
                   or

XV                       (C)  that on the basis of new information before him,
                   evaluated together with the evidence before him when the
                   application was approved, the labeling of such drug, based on
                   a fair evaluation of all material facts, is false or misleading
                   in any particular and was not corrected within a reasonable
                   time  after receipt of written notice from the Secretary
                   specifying the matter complained of.

                   (3)   Any order under this subsection shall state the findings
              upon which it is based.

              (f)  Whenever the Secretary finds that the facts so require, he
         shall revoke any previous order under subsection  (d), (e), or (m)
         refusing, withdrawing, or suspending approval of an application and
         shall approve such application or reinstate such approval, as may be
         appropriate...

              (h)  An appeal may be taken by the applicant from an order of the
         Secretary refusing or withdrawing approval of an application filed under
         subsection (b)  or (m) of this section.  The provisions of subsection (h)
         of section 505  of this Act shall govern any such appeal.

              (i)  When  a new animal drug application is approved, the Secretary
         shall publish ,in the Federal Register the name and address of the
         applicant and the conditions and indications of use covered by the
         application, including any tolerance withdrawal period or other use
         restrictions and, if such new animal drug is intended for use in animal
XV       feed, appropriate purposes and conditions of use  (including special
         labeling requirements) applicable to any animal feed for use in which
         such drug is approved, and such other information upon the basis of
         which such application was approved, as the Secretary deems necessary to
         assure the safe and effective use of such drug.  Upon withdrawal of
         approval of such new animal drug application, or upon its suspension, the
         Secretary shall revoke or suspend, as the case may be, the regulation
         published pursuant to this subsection insofar as it is based on the
         approval of such application.

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                                       FD&CA - 29


               (j)  To the extent consistent with the public health, the Secretary
         shall promulgate regulations for exempting from the operation of this
         section, new animal drugs, and animal feeds bearing or containing new
         animal drugs, intended solely for investigational use by experts
         qualified by scientific training and experience to investigate the
         safety and effectiveness of animal drugs.  Such regulations may, in the
         discretion of the Secretary, among other conditions relating to the
         protection of the public health, provide for conditioning such exemption
         upon  the establishment and maintenance of such records, and the making
         of such reports to the Secretary, by the manufacturer or the sponsor of
         the investigation of such article, of data (including but not limited to
         analytical reports by investigators) obtained as a result of such
         investigational use of such article, as the Secretary finds will enable
         him to evaluate the safety and effectiveness of such article in the
         event of the filing of an application pursuant to this section...

VI             (1)  (1)  In the case of any new animal drug for which an approval
XII            of an application filed pursuant to subsection  (b) is in effect,
               the applicant shall establish and maintain such records, and make
               such reports to the Secretary, of data relating to experience and
               other data or information, received or otherwise obtained by such
XIII           applicant with respect to such drug,' or with respect to animal
               feeds bearing or containing such drug, as the Secretary may by
               general regulation, or by order with respect to such application,
               prescribe... Such regulation or order shall provide, where the
               Secretary deems it to be appropriate, for the examination, upon
               request, by the persons to whom such regulation or order is
               applicable, of similar information received or otherwise obtained
               by the Secretary.

VIII               (2)  Every person required under this subsection to maintain
               records, and every person in charge or custody  thereof, shall, upon
               request of an officer or employee designated by the  Secretary,
               permit such officer or employee at all reasonable times to have
               access to and copy and verify such records.

XII            (m)  (1)  Any person may file with the Secretary  an  application
V              with respect to any intended use or uses of an  animal feed  bearing
XV             or containing a new animal drug.  The applicant shall submit  (A)  a
               full statement of the composition of such animal  feed;  (B)  an
               identification of the regulation or regulations relating  to the  new
               animal drug or drugs to be used in such feed  on which  the application
               relies;  (C) a full description of the methods used  in,  and the
               facilities and controls used for, the manufacture,  processing, and
               packing of such animal feed;  (D) specimens  of  the labeling proposed
               to be used for such animal feed; and  (E)  if  so  requested by the
               Secretary, samples of  such animal feed or  its  components.

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                                          FD&CA - 30
                      (2)   Within ninety days after the filing of an application to
                 subsection (m) (1) ,  or such additional period as may be agreed upon
                 by the Secretary and the applicant,  the Secretary shall either (A)
                 issue an  order  approving the application if he then finds  that none
                 of the grounds  for  denying approval specified in paragraph (3)
IV               applies,  or (B)  give the applicant notice of an opportunity for a
                 hearing.

                      (3)   If  the Secretary,  after  due notice to the applicant in
                 accordance with paragraph (2)  and  giving him an opportunity for a
                 hearing in accordance with such paragraph,  finds,  on the basis of
                 information submitted to him as part of the application or on the
                 basis of  any  other  information before him —

                           (A)   that there is not in effect a regulation on the
                      basis of which such application may be approved;

                           (B)   that such animal feed (including the proposed use of
                      any  new  animal drug therein or thereon) does not  conform to an
                      applicable  regulation published pursuant to subsection (i)
                      referred to in the application,  or that the purposes  and
                      conditions  or  indications or  use prescribed,  recommended, or
                      suggested  in the labeling of  such feed do not conform to the
                      applicable  purposes and conditons or indications  of use
                      (including  warnings)  published pursuant to subsection (i) or
                      such labeling  omits or  fails  to conform to other  applicable
                      information published pursuant to subsection (i) ;

                           (C)   that the methods used in,  and the facilities and
                      controls used  for,  the  manufacture,  processing,  and packing of
                      such animal feed are inadequate to preserve the identity,
                      strength, quality,  and  purity of the new animal drug  therein;
                      or
XV                         (D)  that, based on a  fair  evaluation of  all material
                     facts, such labeling is false or misleading in any particular;

                he shall issue an order refusing to approve  the application.   If,
                after such notice and opportunity for hearing,  the  Secretary  finds
                that subparagraphs  (A) through  (D) do not  apply,  he shall  issue an
                order approving the application.

                     (4)   (A)  The Secretary shall, after  due notice and opportunity
                     for hearing to the applicant, issue an  order withdrawing
                     approval of an application  with  respect to any animal feed
                     under this subsection if the Secretary  finds —

                               (i)  that the application contains any untrue
                          statement of a material fact; or

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                         FD&CA -  31
               (ii)  that the applicant  has made  any  changes  from
          the standpoint of  safety or effectiveness  beyond the
          variations provided for  in the  application unless  he  has
          supplemented the application  by filing with the Secretary
          adequate information respecting all  such changes and
          unless there is in effect an  approval  of the supplemental
          application.  The  supplemental  application shall be treated
          in the same manner as the original application.

          (B)  The Secretary may also,  after due notice and
     opportunity for hearing to the applicant, issue an order
     withdrawing the approval of an application  with respect to any
     animal feed under this  subsection  if the  Secretary finds —

               (i)  that the applicant  has failed  to establish  a
          system for maintaining required records, or has repeatedly
          or deliberately failed to maintain such  records or to
          make required reports in accordance  with a regulation or
          order under paragraph (5) (A)  of this subsection, or  the
          applicant has refused to permit access to, or copying or
          verification of, such records;

               (ii)  that on  the basis of  new information before
          him, evaluated together  with  the evidence  before him when
          such application was approved,  the methods used  in,  or
          the facilities and controls used for,  the  manufacture,
          processing, and packing  of such animal feed are
          inadequate to assure and preserve  the  identity,  strength,
          quality, and purity of the new  animal  drug therein,  and
          were not made adequate within a reasonable time  after
          receipt of written notice from  the Secretary specifying
          the matter complained of; or

               (iii)  that on the  basis of new information before
          him, evaluated together  with  the  evidence before him when
          the application was approved, the  labeling of such animal
          feed, based on a fair evaluation  of  all material facts,
          is false or misleading in any particular and was not
          corrected within a reasonable time after receipt of
          written notice from the  Secretary specifying the matter
          complained of.

          (C)  Any order under paragraph (4) of this subection
     shall state the findings upon which it is based.

     (5)  In the case of any animal feed for which  an approval  of
an application filed pursuant to this subsection  is  in effect —

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                                      FD&CA - 32


                       (A)  the applicant shall establish and maintain such
                  records, and reports to the Secretary, or (at the option of
XIII              the Secretary) to the appropriate person or persons holding an
                  approved application filed under subsection (b),  as the
                  Secretary may by general regulation, or by order  with respect
                  to such application, prescribe ...

                       (B)  every person required under this subsection to
VIII              maintain records, and every person in charge or custody
                  thereof, shall, upon request of an officer or employee
                  designated by the Secretary, permit such officer  or employee
                  at all reasonable times to have access to and copy and verify
                  such records.
                           CHAPTER VI — COSMETICS

                            ADULTERATED COSMETICS


XVI     SEC.  601.

             A cosmetic shall be deemed to be adulterated —

             (a)   If it bears or contains any poisonous or deleterious substance
        which may  render it injurious to users under the conditions of use as
        are customary or usual;   Provided, that this provision shall not apply
        to coal-tar hair dye, the label of which bears the following legend
XV      conspicuously displayed  thereon:  "Caution — This product contains
        ingredients which may cause skin irritation on certain individuals and a
        preliminary test according to accompanying directions should first be
        made.   This product must not be used for dying the eyelashes or eyebrows;
        to do  so may cause blindness.",  and the labeling of which bears adequate
        directions for such preliminary testing.  For the purposes of this
        paragraph  and paragraph  (e) the term "hair dye" shall not include
        eyelash dyes or eyebrow  dyes.

             (b)   If it consists in whole or in part of any filthy, putrid, or
        decomposed substance.

             (c)   If it has been prepared, packed, or held under unsanitary
        conditions whereby it may have become contaminated with filth, or
        whereby it may have been rendered injurious to health.

             (d)   If its container is composed,  in whole or in part, of any
        poisonous  or deleterious substance which may render the contents
        injurious  to health.

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                                      FD&CA - 33
              (e)  If it is not a hair dye, and it is, or it bears or contains, a
        color additive which is unsafe within the meaning of section 706(a).
                            MISBRANDED COSMETICS


        SEC. 602.

             A cosmetic shall be deemed to be misbranded —

             (a)  If its labeling is false or misleading in any particular.

             (b)  If in package form, unless it bears a label containing  (1) the
        name and place of business of the manufacturer, packer, or distributor;
        and (2) an accurate statement of the quantity of the contents in  terms
        of weight, measure, or numerical count;  Provided, that under clause (2)
        of this paragraph reasonable variations shall be permitted, and exemptions
        as to small packages shall be established, by regulations prescribed by
        the Secretary.

             (c)  If any word, statement, or other information required by or
        under authority of this Act to appear on the label or labeling is not
        prominently placed thereon with such conspicuousness (as compared with
        other words, statements, designs, or devices in the labeling) and in
        such terms as to render it likely to be read and understood by the
        ordinary individual under customary conditions of purchase and use.

             (d)  If its container is so made, formed, or filled as to be
        misleading.

             (e)  If it is a color additive, unless its packaging and labeling
        are in conformity with such packaging and labeling requirements,
        applicable to such color additive, as may be contained in regulations
        issued under section 706.  This paragraph shall not apply to packages of
        color additives which, with respect to their use for cosmetics, are
        marketed and intended for use only in or on hair dyes  (as defined in the
        last sentence of section 601(a)).

             (f)  If its packaging or labeling is in violation of an applicable
        regulation issued pursuant to section 3 or 4 of the Poison Prevention
        Packaging Act of 1970.
                        REGULATIONS MAKING EXEMPTIONS
XVII     SEC.  603.
              The  Secretary shall promulgate regulations exempting from any
         labeling  requirement of this Act cosmetics which are,  in accordance with

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                                        FD&CA - 34
          the practice of the trade,  to be processed,  labeled,  or  repacked  in
          substantial quantities at establishments other than those where
          originally processed or packed,  on condition that such cosmetics
          are not adulterated or misbranded under the  provisions of this Act  upon
          removal from such processing,  labeling, or repacking  establishment.
                             CHAPTER VII  —  GENERAL

                            ADMINISTRATIVE PROVISIONS

                            REGULATIONS AND  HEARINGS
XV        SEC.  701.
II
               (a)  The  authority  to  promulgate  regulations  for  the  efficient
VI        enforcement  of this Act,  except  as  otherwise provided  in this  section,
          is hereby vested  in the  Secretary.

               (b)  The  Secretary  of  the Treasury and the  Secretary  of Health,
          Education, and Welfare shall jointly prescribe regulations for the
          efficient enforcement of  the provisions of section 801 [import and
          export drugs and  devices] except as otherwise provided therein...

               (e)  (1)   Any action for the issuance, amendment,  or  repeal of
               any regulation under section 401  [Definitions and Standards
               for Food], 403(j) [dietary  food labels], 404(a)  [Emergency
               Permit  Control], 406 [Tolerances  for Poisonous Ingredients in
               Food],  501(b) [drug  quality control tests]  or 502(d)  [designation
               of habit-forming drugs], or 502(h) [drugs liable  to deterioration
               labeling]  shall begin  by a proposal made by the Secretary or
               by petition  of any interested persons...


                         EXAMINATIONS AND  INVESTIGATIONS
II       SEC. 702.

              (a)  The Secretary is authorized to conduct examinations and
         investigations for the purposes of this Act through officers and
         employees of the Department or through any health, food, or drug officer
         or employee of any State, Territory, or political subdivision thereof,
         duly commissioned by the Secretary as an officer of the Department...

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                                       FD&CA -  35


 III           (c)   For  purposes  of  enforcement  of  this Act, records of  any
          department or  independent  establishment in  the  Executive Branch of  the
          Government shall be  open to  inspection by any official of the  Department
          of Health,  Education, and  Welfare duly authorized by  the Secretary  to
          make such inspection.

               (d)   The  Secretary is authorized  and directed, upon request from
          the Commissioner of  Patents,  to  furnish full and complete information
 III      with respect to such questions relating to  drugs as the Commissioner may
 II       submit concerning  any patent application.   The  Secretary is  further
          authorized, upon receipt of  any  such request, to conduct or  cause to be
          conducted,  such research as  may  be required.

 VIII           (e)   Any  officer or employee of the  Department designated by the
          Secretary to conduct examinations, investigations, or inspections under
          this Act  relating  to counterfeit drugs may, when so authorized by the
          Secretary —   ...

                    (2)  execute  and serve search warrants...
                          RECORDS  OF  INTERSTATE  SHIPMENT
          SEC.  703.

VIII           For  the purpose of  enforcing  the provisions  of  this Act,  carriers
          engaged in interstate commerce,  and  persons  receiving or holding food,
          drugs, devices,  or  cosmetics  in  interstate commerce  shall at reasonable
          times, upon the  request  of  an officer designated  by  the Secretary,
          permit access to and copying  of  all  records  showing  the movement in
          interstate commerce of any  food, drug,  device,  or cosmetic,  and the
          quantity,  shipper,  and consignee thereof;  and it  shall be unlawful to
          fail  to permit such access  and copying ...
                               FACTORY INSPECTION
VIII      SEC.  704.
               (a)   For purposes of enforcement of this Act, officers duly
          designated by the Secretary,  upon presenting appropriate credentials and
          a written notice are authorized (1) to enter, at reasonable times, any

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                                        FD&CA - 36
          factory,  warehouse,  or  establishment  in which food,  drugs,  devices,  or
          cosmetics are manufactured,  processed,  packed,  or  held  or  to  enter any
          vehicle used  to  transport  or hold  such  items;  and  (2) to inspect, in a
          reasonable manner,  such factory, warehouse,  establishment,  or vehicle
          and  all pertinent  equipment,  finished and  unfinished materials,  containers,
          and  labeling  therein.   In  the case of any  factory, warehouse, establish-
          ment,  or  consulting  laboratory in  which prescription drugs  or restricted
          devices are manufactured,  processed,  packed,  or held, inspection shall
          extend to all things therein (including records, files, papers,
          processes,  controls,  and facilities).   No  inspection shall  extend to
          financial data,  sales data other than shipment  data, pricing  data,
          personnel data and  research  data,  other than data  relating  to new drugs,
          antibiotic drugs,  and devices and  subject  to reporting  and  inspection
          under  regulations  lawfully issued  pursuant to this Act...
                                    PUBLICITY
         SEC. 705..
               (b)  The Secretary may also  cause  to be  disseminated  information
         regarding food, drugs, devices, or  cosmetics  in  situations involving
         imminent danger to health, or gross deception of the  consumer.  Nothing
         in this section shall be construed  to prohibit the  Secretary  from
         collecting, reporting, and illustrating the results of  the investigations
         of the Department.
                 LISTING AND CERTIFICATION OF COLOR ADDITIVES
                       FOR FOODS, DRUGS, AND COSMETICS
                      WHEN COLOR ADDITIVES DEEMED UNSAFE
X        SEC.  706.
               (a)  A color additive shall, with respect  to any particular use
          (actual, intended or represented as suitable for, in, or on  food or
          drugs or devices or cosmetics) be deemed unsafe (for the purposes of  the
          application of section 402(c), section 501(a)(4), or section 601(e),  as
          the case may be) unless —

                   (1)  (A)  the additive is listed in accordance with subsection
                   (b) below and the additive and use conform with any provisions
                   of that listing, and (B) the additive is from a certified
                   batch if batch certification is required under subsection  (c)
                   below ...

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                                        FD&CA - 37
                                LISTING OF COLORS


                (b)   (1)  The Secretary shall, by regulation, provide for separately
                listing of color additives for use in or on food, drugs or devices,
                and cosmetics, if the additives are suitable and safe for such uses.

                     (2)  (A)  Any color additive may be listed for use generally
                     in or on food, drugs or devices, or cosmetics...

                         (B)  Any additive may be listed only for uses for
                     which the available data established that is suitable and
                     may safely be employed.

                     (3)  Such regulations shall prescribe conditions under which
                the additive may be safely employed, including, but not limited
                to maximum quantities which may be used or permitted to remain in
                or on articles in or on which it is used; the manner in which such
                additive may be added to or used in or on such article or articles;
                and directions or other labeling or packaging requirements.

                     (4)  The Secretary shall not list a color additive unless the
                data  before him establish that under-the conditions specified, the
                additive will be safe: Provided, however, that a color additive
                shall be deemed to be suitable and safe for use generally in or on
                food  if it is generally recognized by qualified experts as safe
                intended use, as provided in section 201(s).

II                   (5)  (A)  In determining, for the purposes of this section,
                     whether a proposed use of a color additive is safe, the
                     Secretary shall consider among other relevant factors —

                              (i)  the probable consumption of, or other relevant
                         exposure from, the additive and of any substance formed
                         in or on food, drugs or devices, or cosmetics because of
                         the use of the additive;

                              (il) the cumulative effect, if any, of such additive
                         in the diet of man or animals, taking into account the
                         same or any chemically or pharmacologically related
                         substance or substances in such diet;

                              (iii) safety factors which, in the opinion of
                         experts qualified by scientific training and  experience
                         to evaluate the safety of  color additives, are generally
                         recognized as appropriate  for the use of animal
                         experimentation data; and

                              (iv) the availability of any needed practicable
                         methods of analysis for determining  the identity and
                         quantity of  (I) the pure dye and all  intermediates and

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                                        FD&CA - 38
                         other Impurities contained in such color additive, (II)
                         such additive in or on any article of food, drug or
                         devices, or cosmetic, and (III) any substance formed in
                         or on such article because of the use of such additive.

                         (B)  A color additive (i) shall be deemed unsafe, and
                    shall not be listed, for any use which will or may result in
                    ingestion of all or part of the additive, if it is found by
                    the Secretary to induce cancer when ingested in appropriate
                    tests...;

                         (C)  (i)  In any proceeding for the issuance, amendment,
                         or repeal of a regulation listing a color additive, any
                         person who will be adversely affected by the proposal or
                         by the Secretary's order may request that the petition or
IV                       order be referred to an advisory committee for a report
                         and recommendations with respect to any matter arising
                         under subparagraph (B) above;

                              (ii)  Within sixty days (or ninety days if extended)
                         the committee shall,  after independent study of the data
                         furnished to it by the Secretary and other data before
                         it, certify a report and recommendations, together with
                         all underlying data and a statement of the reasons or
                         basis for the recommendations.   A copy of the report
                         shall be promptly supplied to any person who has filed a
                         petition, or who has  requested referral to the advisory
                         committee.   Within thirty days after that, the Secretary
                         shall act upon the petition or other proposal...

                    (7)   If, in the judgment of the Secretary, a tolerance
•*•              limitation is required in order to assure that a proposed use of a
               color additive will be safe,  the Secretary —

                         (A)  shall not list the additive for such use if he finds
                    that the data before him do not establish that such additive,
                    if  used within a safe tolerance limitation, would achieve the
                    intended physical or other technical effect; and

                         (B)  shall not fix such tolerance limitation at a level
                    higher than he finds to be reasonably required to accomplish
                    the intended physical or other technical effect.


                        CERTIFICATION OF COLORS


               (c)   The Secretary shall further,  by regulation, provide (1) for
          the certification,  with safe diluents or without diluents, of batches of
          color additives listed pursuant to subsection  (b)  above and (2) for

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                                      FD&CA - 39
         exemption  from  the requirement of certification which he finds not
         to be necessary in the interest of the protection of the public
         health:  Provided, that for GRAS substances batch certification shall
         be deemed  not necessary.
                   REVISION OF UNITED STATES PHARMACOPEIA:
                   DEVELOPMENT OF ANALYSIS AND MECHANICAL
                             AND PHYSICAL TESTS
         [21 U.S.C.  377  —  Section  201 of  the Labor-Federal Security
         Appropriation Act,  1944]

              The  Secretary,  in  carrying into effect  the provisions of  this
         chapter,  is authorized  hereafter  to cooperate with associations and
         scientific  societies in the revision of  the  United States Pharmacopeia
         and in the  development  of  methods and analyses and mechanical  and
         physical  tests  necessary to carry out the work of the Food and Drug
         Administration.
                           CONFIDENTIAL  INFORMATION
XIV      SEC.  708.
              The Secretary may provide any information 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)  to a
         person other  than an officer or employee of  the  Department if he
         determines such other person requires the information in connection with
         an activity undertaken for the Secretary, in which the Secretary is not
         prohibited from using such information.   The Secretary shall  require
         that the person receiving  the information take security precautions
         respecting the information the Secretary prescribes.
                      CHAPTER VIII — IMPORTS AND EXPORTS
YTTTT     SEC.  801.
              (a)   The Secretary of the Treasury shall deliver to the,Secretary
         of Health, Education,  and Welfare, upon his request, samples of food,

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                              FD&CA - 40
drugs, devices, and cosmetics which are being imported or offered for
import into the United States, giving notice thereof to the owner or
consignee, who may appear before the Secretary of Health, Education, and
Welfare and have the right to introduce testimony ... If it appears from
the examination of such samples or otherwise that (1) such article has
been manufactured, processed, or packed under unsanitary conditions, or
(2) such article is forbidden or restricted in sale in the country in
which it was produced or from which it was exported, or (3) such article
is adulterated, or misbranded then such article shall be refused
admission...

     (b) ... If it appears to the Secretary of Health, Education and
Welfare that an article included within the provisions of clause (3) of
subsection (a) above, by relabeling or other action can be brought into
compliance with the Act, final determination as to admission of such
article may be deferred — the Secretary may authorize the applicant to
perform such relabeling or other action...

     (d)  (1)  A food, drug, device, or cosmetic intended for  export
     shall not be deemed to be adulterated or misbranded under this
     Act if it  --

               (A)  accords to the specifications of the foreign
          purchaser;

               (B)  is not in conflict with the laws of the country to
          which it is intended for export;

               (C)  is labeled on the outside of the shipping package
          that it is intended for export; and

               (D)  is not sold or offered for sale in domestic
          commerce.

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                     PUBLIC LAW 91-596 — December 29, 1970


                       "OCCUPATIONAL SAFETY AND HEALTH ACT"
                       CONGRESSIONAL FINDINGS AND PURPOSE


         SEC. 2. . •

XV11          (b)  The Congress declares it to be its purpose and policy to
         assure  so far as possible every working man and woman in the Nation safe
         and healthful working conditions — ...

                   (5)  by providing for research in the field of occupational
              safety and health, including the psychological factors involved,
              and by developing innovative methods, techniques, and approaches
              for dealing with occupational safety and health problems;

                   (6)  by exploring ways to discover latent diseases, establishing
              causal connections between diseases and work in environmental
              conditions, and conducting other research relating to health
              problems, in recognition of the fact that occupational health
              standards present problems often different from those involved in
              occupational safety;

                   (7)  by providing medical criteria which will assure insofar
              as practicable that no employee will suffer diminished health,
              functional capacity, or life expectancy as a result of his work
              experience;...

                   (9)  by providing for the development and promulgation of'
              occupational safety and health standards;...

                   (12) by providing for appropriate reporting procedures with
              respect to occupational safety and health that will help achieve
              the objectives of this Act and accurately describe the nature of
              the occupational safety and health problem;...


                                  DEFINITIONS

         SEC. 3.

              For the purposes of this Act:

XVI                (1)  "Secretary" means the Secretary of  Labor...

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                                       OSHA - 2


XVI                 (O  "Occupational safety and health standard" means a
              standard which requires conditions, or the adoption or use of one
              or more practices, means, methods, operations, or processes,
              reasonably necessary or appropriate to provide safe or healthful
              employment and places of employment.

                    (9)  "National consensus standard" means any occupational
              safety and health standard or modification thereof which (1) has
              been adopted and promulgated by a nationally recognized standards-
              producing organization under procedures whereby it can be determined
              by the Secretary that persons interested and affected by the scope
              or provisions of the standard have reached substantial agreement on
              its adoption, (2) was formulated in a manner which afforded the
              opportunity for diverse views to be considered and (3) has been
              designated as such a standard by the Secretary, after consultation
              with other appropriate Federal agencies.

XVI                 (10) "Established Federal standard" means any operative
              occupational safety and health standard established by any agency
              of the United States and presently in effect, or contained in any
              Act of Congress in force on the date of enactment of this Act.

XVI                 (11) "Committee" means the National Advisory Committee on
              Occupational Safety and Health established under this Act.

XVI                 (12) "Director" means the Director of the National Institute
              for Occupational Safety and Health.

XVI                 (13) "Institute" means the National Institute for Occupational
              Safety and Health established under this Act...


                           APPLICABILITY OF THIS ACT

         SEC. 4...

II            (b)  (3)  The Secretary shall [before May 1974] report to Congress
              his recommendations for legislation to avoid unnecessary duplication
              and to achieve coordination between this Act and other Federal
              laws.
                   OCCUPATIONAL SAFETY AND HEALTH STANDARDS
 II       SEC. 6...
              (b)  The Secretary may by rule promulgate, modify, or revoke any
         occupational safety or health standard in the following manner:

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                                      OSHA - 3
                   (1)  Whenever  the  Secretary, on the basis of information
              available to him, determines that a rule should be promulgated, he
              may request the  recommendations of an advisory committee appointed
 IV           under section  7  below.  He shall provide the advisory committee
              with any proposals  together with all pertinent information,
              including the  results of research, demonstrations, and experiments.
              The advisory committee  shall submit its recommendations...

                   (5)  The  Secretary, in promulgating standards dealing with
              toxic materials  or  harmful physical agents, shall set the standard
              which most adequately assures, to the extent feasible, that no
              employee will  suffer material impairment of health or functional
              capacity even  if regularly exposed to the hazard for the period of
              his working life.   Standards shall be based upon research,
              demonstrations,  experiments, and other appropriate information.  In
              addition to attainment  of the highest degree of health and safety
              protection for the  employee, other considerations shall be the
              latest available scientific data in the field, the feasibility of
              the standards, and  experience gained under this and other health
              and safety laws.  Whenever practicable, the standard promulgated
              shall be expressed  in terms of objective criteria and of the
              performance desired...

XV                 (7)  Any  standard  shall prescribe the use of labels or other
              appropriate forms of warning necessary to insure that employees are
              apprised of all  hazards to which they are exposed, relevant
              symptoms and appropriate emergency treatment, and proper conditions
              and precautions  of  safe use or exposure.  Where appropriate, such
              standard shall also prescribe suitable protective equipment and
              control or technological procedures to be used in connection with
^             such hazards and shall  provide for monitoring or measuring employee
              exposure at such locations and intervals, and in such manner as may
              be necessary for the protection of employess  [see subsection 8(c)].
              In addition, where  appropriate, any such standard shall prescribe
I v           thฎ type and frequency  of medical examinations or other tests which
              shall be made  available to employees in order to most effectively
              determine whether their health is adversely affected by such
              exposure.  In  the event such medical examinations are in  the nature
II            of research, such examinations may be furnished at  the expense  of
              the Department of Health, Education, and Welfare.   The results  of
XIV           such examinations or tests shall be furnished only  to the  Secretary
              or the Secretary of Health, Education, and Welfare, and,  at. the
              request of the employee, to his physician...

X             (d)  Any affected employer may apply to  the  Secretary for a
         variance from a standard.  Affected employees shall be  given notice of
         each such application and an opportunity to participate  in a hearing.
IV       The Secretary shall grant a  variance if he determines  that  the applicant
         has demonstrated, by  a preponderance of the evidence,  that  the
         conditions, practices, means, methods, operations, or processes proposed
         to be used will provide  safe and healthful employment.   The variance
         shall prescribe the conditions  the  employer must  maintain,  and the
         practices, means, methods, operations, and processes which he  must adopt
         and utilize...

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                                        OSHA - 4
                      ADVISORY COMMITTEES;   ADMINISTRATION
IV        SEC.  7.
               (a)   (1)   There is hereby established a National Advisory Committee
               on Occupational Safety and Health consisting of twelve members
               composed  of representatives of management,  labor,  occupational
               safety and occupational health professions, and of the public.  The
               members shall be selected upon the basis of their experience and
               competence in the field of occupational safety and health.

                    (2)   The Committee shall advise, consult with, and make
               recommendations to the Secretary and the Secretary of Health,
               Education,  and Welfare on matters relating  to the administration of
               the Act.   The Committee shall hold no fewer than two meetings
               during each calendar year.  All meetings of the Committee shall be
               opened to the public and a transcript shall be kept and made
               available for public inspection.

               (b)   An advisory committee may be appointed by the Secretary to
          assist him in  his standard-setting functions under section 6 of this
          Act.   Each such committee shall consist of not more than fifteen members
          and shall include representation for HEW, management, labor, and State
          health agencies.

               (c)   In carrying out his responsibilities under this Act, the
          Secretary is authorized to —

HI                 (!)   use,  with the consent of any Federal agency, the
               services,  facilities, and personnel of such agency, with or without
               reimbursement,  and with the consent of any  State or political
               subdivision thereof,  accept and use the services,  facilities, and
               personnel of any agency of such State or subdivision with
               reimbursement;  and

                    (2)   employ experts and consultants or organizations thereof
               as authorized by section 3109 of Title 5, United States Code.


                 INSPECTIONS,  INVESTIGATIONS,  AND RECORD-KEEPING
          SEC.  8.

VIII           (a)  In  order  to  carry  out  the purposes  of this Act,  the Secretary,
          upon  presenting  appropriate credentials to the owner,  operator,  or
          agent  in charge,  is  authorized —

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                                       OSHA - 5
                   (1)  to enter without delay and at reasonable times any
              factory, plant, establishment, construction site,  or other area,
              workplace or environment where work is performed by an employee;
              and

                   (2)  to inspect and investigate within reasonable limits and
              in a reasonable manner, any such place of employment and all
              pertinent conditions, structures, machines, apparatus, devices,
              equipment, and materials therein, and to question privately any
              such employer, owner, operator, agent or employee.

IX            (b)  In making his inspections and investigations under this Act
         the Secretary may require (by force of court order if necessary) the
         attendance and testimony of witnesses and the production of evidence
         under oath.

Vii           (c)  (1)  Each employer shall make, keep and preserve, and make
VIII          available to the Secretary or the Secretary of Health, Education,
              and Welfare, such records regarding his activities relating to this
              Act as the Secretary, in cooperation with the Secretary of Health,
              Education, and Welfare, may prescribe by regulation as .necessary
              for the effective enforcement of this Act for developing infor-
              mation regarding the causes and prevention of occupational
VIII          accidents and illnesses.  Such regulation may include provisions
              requiring periodic inspections.  The Secretary shall also issue
              regulations requiring that employers, through posting of notices or
XV            other appropriate means, keep their employees informed of their
              protections and obligations under this Act, including the pro-
              visions of applicable standards.

Vi                 (2)  The Secretary, in cooperation with the Secretary of
Xii           Health, Education, and Welfare, shall prescribe regulations
              requiring employers to maintain accurate records of, and to make
              periodic reports on, work-related deaths, injuries and illnesses
              other than minor injuries...

HI                (3)  The Secretary, in cooperation with the Secretary of
              Health, Education, and Welfare, shall issue regulations requiring
Vi            employers to maintain accurate records of employee exposures to
              potentially toxic materials or harmful physical agents which are
V             required to be monitored or measured under section 6.   Such
              regulations shall provide employees or their representatives an
              opportunity to observe such monitoring or measuring,  and  to have
              access to the records thereof. Each employer shall promptly notify
              any employee who has been or  is being exposed to  toxic materials  or
              harmful physical agents in concentrations or at levels which exceed
              those prescribed by an applicable occupational safety and health
              standard, and shall inform him of  the corrective  action being
              taken.

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                                        OSHA - 6


               (d)   Any information obtained under this Act shall be obtained  with
          a minimum burden upon employers, especially those operating small
          businesses.   Unnecessary duplication of efforts in obtaining information
          shall be  reduced to the maximum extent feasible...

 VIII          (f)   (1)  Any employee or representative of employees who believes
               that a  violation of a standard exists or that an imminent danger
               exists, may request an inspection by the Secretary.   Any request
               shall be reduced to writing,  and shall set forth with reasonable
               particularity the grounds for the request.  If the Secretary
               determines there are reasonable grounds he shall make a special
               inspection as soon as practicable, to determine if such violation
               or danger exists...

 XIV           (g)   (1)  The Secretary and the Secretary of Health,  Education, and
               Welfare are authorized to compile, analyze, and publish, either in
               summary or detailed form, all reports or information  obtained under
               this section.

 VIII               (2)  The Secretary and the Secretary of Health,  Education, and
               Welfare shall each prescribe  such rules and regulations as he may
               deem necessary to carry out their responsibilities under this Act,
 VIII          including rules and regulations dealing with the inspection of  an
               employer's establishment.
                        CONFIDENTIALITY  OF TRADE SECRETS
XIV       SEC.  15.
              All information  reported  to  or  obtained  by  the  Secretary  in
         connection with any inspection or proceeding  under this  Act which
         contains or which might  reveal a  trade  secret shall  be considered
         confidential, except  that  such information may be disclosed to other
         officers or employees concerned with carrying out this Act or  when
         relevant in any proceeding under  this Act.  In any such  proceeding the
         Secretary... or the court  shall issue such orders as may be appropriate
         to protect the confidentiality of trade secrets.
                      STATE JURISDICTION AND STATE PLANS
XVII     SEC. 18...
               (c)  The Secretary shall approve  the plan  submitted by a  State  if
         such  plan in his judgment —...

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                                       OSHA - 7
VIII               (3)  provides for a right of entry and inspection of all
              workplaces subject to the Act which is at least as effective as
              that provided in section 8, and includes a prohibition on advance
              notice of inspections;...

XII                (7)  requires employers in the State to make reports to the
              Secretary in the same manner and to the same extent as if the plan
              were not in effect; and
YTT
                   (8)  provides that the State agency will make such reports to
              the Secretary in such form and containing such information,  as the
              Secretary shall from time to time require.
                        RESEARCH AND RELATED ACTIVITIES


II       SEC. 20.
Ill
              (a)  (1)  The Secretary of Health, Education,  and Welfare, after
              consultation with appropriate Federal departments or agencies shall
              conduct (directly or by grants or contracts)  research,  experiments,
              and demonstrations relating to occupational safety and  health,
              including studies of psychological factors involved, and relative
              to innovative methods, techniques, and approaches for dealing with
              occupational safety and health problems.

                   (2)  The Secretary of Health, Education,  and Welfare, shall
              consult with the Secretary in order to develop specific plans for
              such research, demonstrations, and experiments as are necessary to
              produce criteria, including criteria identifying toxic substances,
              enabling the Secretary to meet his responsibility for the formulation
              of safety and health standards under this Act; and the Secretary of
              Health, Education, and Welfare, on the basis of such research,
              demonstrations, and experiments and any other information available
              to him, shall develop and publish at least annually such criteria
              as will effectuate the purposes of this Act.

                   (3)  The Secretary of Health, Education, and Welfare, on the
              basis of research, demonstrations, and experiments, and any other
              information available shall develop criteria dealing with toxic
              materials and harmful physical agents and substances which will
              describe exposure levels that are safe for various periods of
              employment, including but not limited to the exposure levels at
              which no employee will suffer impaired health or functional
              capacities or diminished life expectancy as a result of his work
              experience.

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                                         OSHA - 8


                      (4)  The Secretary of Health, Education, and Welfare shall
                also  conduct special research, experiments, and demonstrations
                relating to occupational safety and health as are necessary to
                explore new problems, including those created by new technology in
                occupational safety and health, which may require ameliorative
                action beyond that which is otherwise provided for in the operating
                provisions of this Act...

V                     (5)  The Secretary of Health, Education, and Welfare, in order
VI              to comply with his responsibilities under paragraph (2) above, and
XII             in order to develop needed information regarding potentially toxic
                substances or harmful physical agents, may prescribe regulations
                requiring employers to measure, record, and make reports on the
                exposure of employees to substances or physical agents which the
                Secretary of Health, Education, and Welfare reasonably believes may
                endanger the health or safety of employees.  The Secretary of
                Health, Education, and Welfare also is authorized to establish such
I               programs of medical examinations and tests as may be necessary for
V               determining the incidence of occupational illnesses and the
                susceptibility of employees to such illnesses. Upon the request of
XVII            any employer who is required to measure and record exposure of
                employees to substances or physical agents, the Secretary of
                Health, Education, and Welfare shall furnish full financial or
                other assistance to such employer for the purpose of defraying any
                additional expense incurred by him.

II                    (6)  The Secretary of Health, Education, and Welfare shall
                publish, at least annually, a list of all known toxic substances by
                generic family or other useful grouping, and the concentrations at
                which such toxicity is known to occur.  He shall determine,
                following a written request by any employer or authorized
                representative of employees, specifying with reasonable particularity
                the grounds on which the request is made, whether any substance
                normally found in the place of employment has potentially toxic
                effects in such concentrations as used or found; and shall submit
                such determination both to employers and affected employees as soon
                as possible.   If the Secretary of Health, Education, and Welfare
                determines that any substance is potentially toxic at the con-
                centrations in which it is used or found in a place of employment,
                and such substance is not covered by an occupational safety or
                health standard promulgated under section 6, the Secretary of
                Health, Education,  and Welfare shall immediately submit such
                determination to the Secretary, together with all pertinent
                criteria.

                     (7)  Annually,  the Secretary of Health, Education, and Welfare
                shall conduct and publish industrywide studies of the effect of
                chronic or low-level exposure to industrial materials, processes,
                and stresses  on the potential for illnesses, disease,  or loss of
                functional capacity in aging adults.

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                                       OSHA - 9
               (b)  The Secretary of Health, Education, and Welfare is authorized
         to make inspections and question employers and employees as provided in
VIII     section 8 of this Act in order to carry out his functions and respons-
         ibilities under this section.

               (c)  The Secretary is authorized to enter into contracts, agree-
         ments or other arrangements with appropriate public agencies or private
         organizations for the purpose of conducting studies relating to his
         responsibilities under this Act.  In carrying out his responsibilities
         under this subsection, the Secretary shall cooperate with the Secretary
         of Health, Education, and Welfare in order to avoid duplication of
         efforts.

XVII           (e)  The functions of the Secretary of Health, Education, and
         Welfare under this Act shall, to the extent feasible, be delegated to
         the Director of the National Institute for Occupational Safety and
         Health established by section 22 below.
                  NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY
                                  AND HEALTH


IV       SEC. 22.

II            (a)  It is the purpose of this section to establish a National
         Institute for Occupational Safety and Health in the Department of
         Health, Education, and Welfare in order to carry out the policy set
         forth in section 2 of this Act and to perform the functions of the
         Secretary of Health, Education, and Welfare under sections 20 and 21 of
         this Act...

              (c)  The Institute is authorized to —

                   (1)  develop and establish recommended occupational safety and
              health standards...

              (d)  Upon his own initiative, or upon the request of the Secretary
         of Health, Education, and Welfare, the Director is authorized (1) to
         conduct such research and experimental programs as he determines are
         necessary for the development of criteria for new and improved occu-
         pational safety and health standards, and (2) after consideration of
         the results of such research and experimental programs make recom-
         mendations concerning new or improved occupational safety and health
         standards.  Any occupational safety and health standard recommended
         pursuant to this section shall immediately be forwarded to the Secretary
         of Labor, and to the Secretary for Health, Education, and Welfare.

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                                        OSHA -  10
               (e)   In  addition  to  any  authority vested  in  the  Institute by the
          other  provisions  of  this  section,  the Director, in  carrying out the
          functions  of  the  Institute, is  authorized  to —...

                    (5)   obtain  the services of experts  and consultants in
              accordance with the  provisions of section 3109 of  title 5,
              United States Code;...
                                   STATISTICS
II       SEC. 24.

              (a)  In order  to  further  the purposes of  this Act,  the Secretary,
III      in consultation with the  Secretary of Health,  Education, and Welfare,
         shall develop and maintain an  effective program of collection, com-
         pilation, and analysis of occupational safety  and health statistics.
         Such program may cover all employments whether or not subject to any
         other provisions of this  Act but shall not cover employments excluded by
         section 4.  The Secretary shall compile accurate statistics on work
         injuries and illnesses which shall include all disabling, serious, or
         significant injuries and  illnesses, whether or not involving loss of
         time from work, other  than minor injuries...

              (b)  To carry out his duties under subsection (a) above, the
         Secretary may —

                   (1)  promote, encourage, or directly engage in programs of
              studies, information and  communication concerning occupational
              safety and health statistics;

                   (2)  make grants to  States in order  to assist  them in
              developing and administering programs dealing with  occupational
              safety and health statistics; and

                   (3)  arrange, through grants or contracts, for the conduct of
              such research and investigations which further the  objectives of
              this section...

              (e)  On the basis of the records made and kept pursuant to section
         8(c) of this Act, employers shall file such reports with the Secretary
         as he shall prescribe  by  regulation, as necessary to carry out his
         functions under this Act.

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XVI
                 PUBLIC LAW 91-173 — 1969

                       as amended by

           PUBLIC LAW 95-164 — November 9, 1977


         FEDERAL MINE SAFETY AND HEALTH ACT of 1977

               *              *              *


                         DEFINITIONS

SEC.  3.

     For the purpose of this Act:

     (a)  "Secretary" means the Secretary of Labor or his delegate;...

     (j) "Imminent danger" means the existence of any condition or
practice in a coal or other mine which could reasonably be expected to
cause death or serious physical harm before such condition or practice
can be abated;

     (k) "Accident" includes..., or injury to, or death of, any person;

     (1) "Mandatory health or safety standard" means the interim
mandatory health or safety standards established by Titles II and III of
this Act, and the standards promulgated pursuant to Title I of this Act;
               (n)  "Administration" means the Mine Safety and Health Admin-
         istration in the Department of Labor...
                              TITLE I — GENERAL

                     MANDATORY SAFETY AND HEALTH STANDARDS

         SEC. 101.

              (a)  The Secretary shall by rule develop, promulgate,  and revise
         as appropriate, improved mandatory health  or  safety  standards for the
         protection of life and prevention of injuries in mines.

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                                        FMSHA -  2
IV                  (1)   Whenever  the Secretary  determines  that a rule  should
               be  promulgated  in order to  serve  the objectives of this  Act,
               he  may request  the  recommendation of an  advisory committee
               appointed  under section 102(c)  below.  The Secretary shall
               provide such advisory  committee with any proposals of his own
               or  of  the  Secretary of Health,  Education, and Welfare, together
               with all pertinent  factual  information available, including
               the results  of  research,  demonstrations,  and experiments.  The
               advisory committee  shall  submit its  recommendations regarding
               the rule to  be  promulgated  within 60 days or within such longer
               or  shorter period as may  be prescribed by the Secretary, but in
               no  event longer than 180  days...

IV                  (3) ...Any hearing in  connection with promulgating  a mandatory
               safety or  health standard for  the purpose of hearing relevant
               information  shall commence  within 60 days.   The Secretary may
IX             require by subpoena the attendance of witnesses and the  production
               of  evidence  in  connection with  any proceeding initiated  under this
               section...

II                  (6)   (A)   The  Secretary, in  promulgating mandatory  standards
                   dealing with toxic materials or harmful physical agents, shall
                   set standards  which  most adequately assure (on the  basis of
                   the best available evidence)  that no miner will suffer
                   material impairment  of health or functional capacity even if
                   such  miner has regular exposure to  the  hazards for  the period
                   of his  working life. Development of mandatory standards shall
                   be based upon  research, demonstrations, experiments, and such
                   other information as may be  appropriate. In addition to the
                   attainment of  the highest  degree of health and safety
                   protection for the miner,  other considerations shall be the
                   latest  available  scientific  data in the field, the  feasibility
                   of the  standards,  and  experience gained under this  and other
                   health  and safety laws.  Whenever practicable, the  standard
                   promulgated  shall be expressed  in terms of objective criteria
                   and of  the performance desired.

II                       (B)   The  Secretary of Health,  Education, and Welfare, as
                   soon as possible,  but  no later  than May 9, 1979, and on a
                   continuing basis,  shall, for  each toxic material or harmful
                   physical agent which is used  or found in a mine, determine
                   whether such material  or agent  is potentially toxic at the
                   concentrations in which it is used or found in a mine.  The
                   Secretary  of Health, Education,  and Welfare shall submit such
                   determinations to  the  Secretary.  Thereafter, the Secretary of
                   Health,  Education, and Welfare  shall submit to the  Secretary
                   all pertinent  criteria regarding any such substances deter-
                   mined to be toxic or any such harmful agents as such criteria
                   are developed...

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                                        FMSHA - 3


XV                  (7)  Any mandatory health or safety standard promulgated under
               this subsection shall prescribe the use of labels or other
               appropriate forms of warning necessary to insure that miners are
               apprised of all hazards to which they are exposed, relevant
               symptoms and appropriate emergency treatment, and proper conditions
               and precautions of safe use or exposure.  Where appropriate, such
               mandatory standard shall also prescribe suitable protection
               equipment and control or technological procedures to be used in
V              connection with such hazards and shall provide for monitoring or
               measuring miner exposure at such locations and intervals, and in
               such manner as to assure the maximum protection of miners. Where
I              appropriate, any such mandatory standard shall prescribe the type
               and frequency of medical examinations or other tests which shall be
               made available to miners in order to most effectively determine
               whether the health of such miners is adversely affected by
               exposure.  In the event such medical examinations are in the
II             nature of research, such examinations may be furnished at the
               expense of the Secretary of Health, Education, and Welfare.  The
               results of such examinations or tests made shall be furnished only
               to the Secretary or the Secretary of Health, Education, and
XIV            Welfare, and, at the request of the miner, to his designated
               physician...


                             ADVISORY COMMITTEES

          SEC. 102...

_..             (c)  The Secretary or the Secretary of Health, Education, and
          Welfare may appoint advisory committees as he deems appropriate to
          advise him in carrying out the provisions of this Act...
                 INSPECTIONS, INVESTIGATIONS, AND RECORD-KEEPING


          SEC. 103.

TTTTT           (a) Authorized representatives of the Secretary or the Secretary of
          Health, Education, and Welfare shall make frequent inspections and
          investigations in coal or other mines each year for the purpose of  (1)
          obtaining, utilizing, and disseminating information relating to health
          and safety conditions, the causes of accidents, and the causes of
          diseases and physical impairments orginating in such mines, (2)
          gathering information with respect to mandatory health or safety
          standards, (3) determining whether an imminent danger exists, and  (4)
          determining whether there is compliance with the mandatory health  or
          safety standards or with any citation, order, or decision issued under
          this title or other requirements of this Act.  In carrying out the
          requirements of this subsection, no advance notice of an inspection

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                                        FMSHA - 4


          shall be provided  except  that  in carrying out the requirements of
          clauses (1) and  (2) above,  the Secretary of Health, Education, and
          Welfare may give advance  notice.  In carrying out the requirements of
          clauses (3) and  (4) of  this  subsection, the Secretary shall make
          inspections of each underground coal or other mine in its entirety at
          least four times a year,  and of each surface coal or other mine in its
          entirety at least  two times  a  year.

IV            (b)  For any  investigation of any accident  [see the definition of
          "accident" section 3(k)], the  Secretary may hold public hearings, and
IX        may sign and issue subpoenas for the attendance and testimony of
          witnesses and the  production of relevant papers, books, and documents,
          and administer oaths.

VI            (c)  The Secretary,  in  cooperation with the Secretary of Health,
          Education, and Welfare, shall  issue regulations requiring operators to
          maintain accurate  records of employee exposures to potentially toxic
          materials or harmful physical  agents which are required to be monitored
          or measured under  any applicable mandatory health or safety standard
          promulgated under  this  Act.  Such regulations shall provide miners or
XIV       their representatives with an  opportunity to observe such monitoring or
          measuring, and to  have  access  to the records thereof.  Such regulations
Xi        shall also make appropriate  provisions for each miner or former miner to
          have access to records  that  indicate his own exposure to toxic materials.
          Each operator shall promptly notify any miner who has been or is being
          exposed to toxic materials in  concentrations which exceed those
          prescribed by an applicable  mandatory health or safety standard, and
          shall inform any miner who is  being thus exposed of the corrective
          action being taken.

              (d)  All accidents shall  be investigated by the operator or his
          agent to determine the cause and the means of preventing a recurrence.
Vi        Records of such accidents and  investigations shall be kept and the
          information shall be made available to the Secretary or his authorized
XIV       representative and the appropriate State agency.  Such records shall be
          open for inspection by interested persons.  Such records shall include
XII      man-hours worked and shall be  reported at a frequency determined by the
          Secretary but at least annually.

              (e)  Any information obtained by the Secretary or by the Secretary
XVII     of Health, Education,  and Welfare under this Act shall be obtained in
          such a manner as not to impose an unreasonable burden upon operators,
          especially those operating small businesses, consistent with the
         underlying purposes of this Act.  Unnecessary duplication of effort in
         obtaining information shall be reduced to the maximum extent feasible...

Viii          (g)  (1)   Whenever a miner or his representative has grounds to
              believe that a violation of this Act or a mandatory health or
              safety standard exists, or an imminent danger exists, such miner or
              representative shall have a right to obtain an immediate inspection
              by giving notice to the Secretary of such violation or danger...

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                                       FMSHA - 5
               (h)  In addition to records specifically required by this Act,
          every operator of a mine shall establish and maintain such records, make
          such  reports, and provide such information, as the Secretary or the
          Secretary of Health, Education, and Welfare may reasonably require to
          enable him  to perform his functions under this Act. The Secretary or the
          Secretary of Health, Education, and Welfare is authorized to compile,
          analyze, and publish, either in summary or detailed form, such reports
          of  information.  Except to the extent otherwise specifically provided by
          this  Act, all records, information, reports, findings, citations,
          notices, orders, or decisions required to be issued under this Act may
          be  published, may be released to any interested person, and shall be
          made  available for public inspection.

Yin           (i)  Whenever the Secretary finds...that there exists in a mine
          some  especially hazardous condition he shall provide a minimum of one
          spot  inspection by his authorized representative of all or part of such
          mine  during every five working days at irregular intervals...
                        POSTING OF ORDERS AND DECISIONS

         SEC. 109.

XV            (a)  At each mine there shall be maintained an office with a
         conspicuous sign designating it as the office.  There shall be a
         bulletin board at such office or located at a conspicuous place near an
         entrance of such mine, so that orders, citations, notices, and decisions
         required by law or regulation to be posted, may be posted thereon, and
         be  easily visible to all persons desiring to read them, and be protected
         against damage by weather and against unauthorized removal.  A copy of
         any order, citation, notice or decision required by this Act to be given
         to  an operator shall be delivered to the office of the affected mine,
         and a copy shall be immediately posted on the bulletin board...

X             (d)  Each operator of a coal or other mine subject to this Act
         shall file with the Secretary the name and address of the mine and the
         name and address of the person who controls or operates the mine.  Each
         operator of a mine subject to this Act shall designate a responsible
         official as the prinicipal officer in charge of health and safety at
         that mine.
                TITLE  II —  INTERIM MANDATORY  HEALTH STANDARDS

                                    COVERAGE

XVII      SEC.  201.

               (a) The  provisions  of sections 202  through 206 of this title
          and  the applicable  provisions  of  section 318 of Title III shall be

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                                       FMSHA - 6


         interim mandatory health standards applicable to all underground coal
         mines until superseded in whole or in part by improved mandatory health
         standards promulgated by the Secretary under the provisions of section
         101 of this Act, and shall be enforced in the same manner and to the
         same extent as any mandatory health standard promulgated under the
         provisions of section 101 of this Act.

              (b)  Among other things, it is the purpose of this title to
         provide, to the greatest extent possible, that the working conditions in
         each underground coal mine are sufficiently free of respirable dust
         concentrations in the mine atmosphere to permit each miner the opport-
         unity to work underground during the period of his entire working life
         without incurring any disability of pneumoconiosis or any other
         occupation-related disease during or at the end of such period.


                    DUST STANDARD AND RESPIRATORY EQUIPMENT

         SEC. 202.

              (a)  Each operator of a coal mine shall take accurate samples of
         the amount of respirable dust in the mine atmosphere by any device
         approved by the Secretary and in accordance with such methods, at such
         locations, at such intervals, and in such manner as the Secretary shall
         prescribe.  The samples shall be transmitted to the Secretary for
         analysis and recording... The results of such samples shall also be made
         available to the operator who shall also report as to the conditions in
         the active workings of the mine, including, but not limited to, the
         average number of working hours during each shift, and quantity and
         velocity of air regularly reaching the working faces, the method of
         mining, the amount and pressure of the water, if any, reaching the
         working faces, and the number,  location, and type of sprays, if any,
         used.

              (b)  Except as otherwise provided in this subsection 	

                   (1)   Effective November 9,  1980, or  the operative date of this
              title, each operator shall continuously maintain the average
              concentration of respirable dust at or below 3.0 milligrams per
              cubic meter of air.

                   (2)   Effective November 9,  1983,  the average concentration of
              respirable dust in the mine shall be maintained at or below 2.0
              milligrams per cubic meter of air.

X                  (3)   Any operator who determines that he will be unable, using
              available technology,  to comply with the provisions of (b)(1) or
              (b) (2) above may file an application for a permit for noncompliance.
              A permit will be issued only if the application satisfies the
              requirements of subsection (c) below.

                   (4)   [An application, or permit may be renewed]...

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                                       FMSHA - 7


X             (c)  Any application for an initial or renewal permit shall
         contain —

                   (1)  a representation by the applicant and the engineer
              conducting the survey referred to in paragraph (2) below that the
              applicant is unable to comply with the standard at specified
              working places because technology for reducing the concentration of
              respirable dust at such places is not available...

                   (2)  an identification of the working places for which the
              permit is requested; the results of an engineering survey of the
              respirable dust conditions of each working place with respect to
              which such application is filed and the ability to reduce such dust
              to the level required to be maintained under this section; a
              description of the ventilation system of the mine and its capacity;
              the quantity and velocity of air regularly reaching the working
              faces; the method of mining; the amount and pressures of the water,
              if any, reaching the working faces; the number, location, and type
              of sprays, if any; action taken to reduce such dust; and such
              other information as may be required; and

                   (3)  statements, by the applicant and the engineer conducting
              such survey, of the means and methods to be employed to achieve
              compliance with the applicable standard, the progress made
              toward achieving compliance, and an estimate of when compliance
              can be achieved...

VIII          (g)  The Secretary shall cause to be made such frequent spot
         inspections of the active workings of coal mines as he deems appropriate
         for the compliance with the provisions of this title.


                             MEDICAL EXAMINATIONS
         SEC. 203.

              (a)  The operator of a coal mine shall cooperate with the
         Secretary of Health, Education, and Welfare in making available to
         each miner working in a coal mine the opportunity to have a chest
         [x-ray] at given intervals to detect development of pneumoconiosis,

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                                         FMSHA -  8
                       TITLE III — INTERIM MANDATORY SAFETY
                       STANDARDS FOR UNDERGROUND COAL MINES
                                    VENTILATION
           SEC.  303.

VI              (a)   All coal mines shall be ventilated by mechanical  ventilation
           equipment  installed and operated in a manner approved  by  an authorized
           representative of the Secretary and such equipment shall  be examined
           daily and  a record shall be kept of such examination...

VIII            (d)   (1)  Within three hours preceding the beginning of any
                shift,  and before any miner enters the active workings of  a  coal
                mine,  certified persons designated by the operator of  the  mine
                shall examine such workings.   Each examiner shall examine  for
                hazards and violations of the mandatory health or safety standards.
                If such mine examiner finds a dangerous condition he shall post a
%y              "DANGER" sign and notify the operator of the mine.   Each such mine
                examiner shall record the results of his examination with  ink or
                indelible pencil in a book approved by the Secretary kept  for such
                purpose...

                (e)   At least once during each coal-producing shift, or more often
           if necessary for safety,  each working section shall be examined for
           hazardous  conditions by certified  persons designated by the operator to
           do so. Any  such condition shall be corrected immediately...
                                      MAPS
          SEC. 312.

               (a)  The operator of a coal mine shall have in a fire-proof
          repository located at the surface of the mine a detailed accurate and
VI        up-to-date map of such mine drawn on scale.  Such map shall be revised
          and supplemented at intervals prescribed by such engineer or surveyor.

XIV            (b)  The map shall be available for inspection by the Secretary,
          coal mine examiners, miners and their representatives and persons owning
          land or residing on the surface above the mines.  Such map or revision
          and supplement shall be kept confidential and its contents not divulged
          to any other person, except to the extent necessary to carry out the
          provisions of this Act and in connection with the functions and
          responsibilities of the Secretary of Housing and Urban Development.

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                                        FMSHA - 9
                             TITLE V — ADMINISTRATION

                                     RESEARCH

II        SEC. 501.

               (a) The Secretary of the Interior and the Secretary of Health,
          Education, and Welfare shall conduct such studies, research, experi-
          ments, and demonstrations as may be appropriate — •

                    (1)  to improve working conditions and practices in coal or
               other mines, and to prevent accidents and occupational diseases
               orginating in the coal or other mining industry;...

                    (4)  to develop new or improved means and methods of reducing
               concentrations of respirable dust in the mine atmosphere;

                    (5)  to develop epidemiological information to (A) identify
               and define positive factors involved in occupational diseases of
               miners, (B) provide information on the incidence and prevalence of
               pneumoconiosis and other respiratory ailments of miners, and (C)
               improve mandatory health standards;

                    (6)  to develop techniques for the prevention and control of
               occupational diseases of miners, including tests for hypersus-
               ceptibility and early detection;

                    (7)  to evaluate the effect on bodily impairment and occu-
               pational disability' of miners afflicted with an occupational
               disease;

                    (8)  to prepare and publish from time to time reports on all
               significant aspects of occupational diseases of miners as well as
               on the medical aspects of injuries, other than diseases, which are
               revealed by the research carried on pursuant to this subsection;

                    (9)  to study the relationship between coal or other mine
               environments and occupational diseases of miners;...

                    (11) to determine, upon written request by any operator or
               representative of miners whether any substance normally  found in a
               coal or other mine has potentially toxic effects in the  con-
               centrations normally found in the mine or whether any  physical
               agents or equipment found or used in a coal or other mine has
               potentially hazardous effects, and shall submit such determinations
               to both the operators and miners as soon as pqssible;  and

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                              FMSHA - 10
          (12) for such other purposes as they deem necessary to carry
     out the purposes of this Act...

     (d)  The Secretary of Health, Education, and Welfare shall also
conduct studies and research into matters involving the protection of
life and the prevention of diseases in connection with persons, who
although not miners, work with, or around the products of coal or other
mines in areas outside of such mines and under conditions which may
adversely affect the health and well-being of such persons.

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                     PUBLIC  LAW 92-573  —  October  27,  1972

                                  as  amended by

                        PUBLIC  LAW 94-284  ~ May 11, 1976


                          "CONSUMER PRODUCT SAFETY ACT"
                                   DEFINITIONS

          SEC.  3.

               (a)   For purposes  of this  Act:

XVI                 (1) "Consumer product" means  any  article,  or  component  part
               thereof, produced  or distributed  (i) for  sale  to a consumer  for use
               in  or around a permanent or temporary  household or residence,  a
               school,  in recreation,  or  otherwise, or  (ii) for the personal  use,
               consumption or enjoyment of a consumer in or around a permanent
               or  temporary household  or  residence, a school,  in  recreation,  or
               otherwise; but such term does not  include —  [tobacco,  automobiles,
               pesticides, aircraft, boats,  food,  drugs  or cosmetics].

                     (2)  "Consumer" product  safety rule" means a  consumer product
               safety standard described  in  section 7(a), or  a rule under this
               Act declaring a consumer product a banned hazardous product.

XVI                 (3)  "Risk of injury" means a risk  of death,  personal injury,
               or  serious or frequent  illness...

                    (7)  (A)  "Private labeler" means an owner of a brand or
                    trademark on  the label of a  consumer product  which bears
                    a private label.

                         (B)  A consumer  product  bears  a private  label if  (i)
                    the product is labeled with  the brand or  trademark of a person
                    other than a  manufacturer of  the  product, (ii) -the person with
                    whose brand or trademark the product is  labeled has authorized
                    or caused the product to be  so labeled,  and  (iii) the brand or
                    trademark of  a manufacturer  of such product  does not appear on
                    such label.

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                                       CPSA - 2
                    PRODUCT SAFETY INFORMATION AND RESEARCH


jj       SEC. 5.

              (a)  The Commission shall —

                   (1)  maintain an Injury Information Clearinghouse to collect,
              investigate, analyze, and disseminate injury data, and information,
              relating to the causes and prevention of death, injury, and illness
              associated with consumer products; and

                   (2)  conduct such continuing studies and investigations of
              deaths, injuries, diseases, other health impairments, and economic
              losses resulting from accidents involving consumer products as
              it deems necessary.

              (b)  The Commission may —

                   (1)  conduct research, studies, and investigations on the
              safety of consumer products and on improving the safety of such
              products;

                   (2)  test consumer products and develop product safety test
              methods and testing devices; and

                   (3)  ...assist public and private organizations, administratively
              and technically, in the development of safety standards and test
              methods...


                       PUBLIC DISCLOSURE OF INFORMATION

XIV      SEC. 6.

              (a)  (1)  Nothing contained in this Act shall be deemed to require
              the release of any information described by subsection (b) of
              section 552, title 5,  United States Code, or which is otherwise
              protected by law from disclosure to the public.

                   (2)  All information reported to or obtained by the Commission
              under this  Act which contains or relates to a trade secret shall be
              considered  confidential and shall not be disclosed, except that
              such information may be disclosed to other officers or employees
              concerned with carrying out this Act or when relevant in any
              proceeding  under this  Act.

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                                        CPSA - 3


               (b)  (1)   Except as provided by paragraph (2)  below,  not less than
               30 days prior to public disclosure of any information (unless the
               Commission finds that the public health and safety require a lesser
               period of notice),  the Commission shall,  to the extent practicable,
               notify, and provide a summary of the information to,  each manu-
               facturer or private labeler of any consumer product to which such
               information pertains, if the information will  permit  the public to
               readily ascertain the identity of such manufacturer or private
               labeler,  and shall  provide such manufacturer or private labeler
               with a reasonable opportunity to submit comments... If the Commission
               finds that it has made public disclosure of inaccurate or mis-
               leading information which reflects adversely upon the safety of any
               consumer product or the practices of any manufacturer, private
               labeler,  distributor, or retailer of consumer   products, it shall,
               in a manner similar to that in which such disclosure  was made,
               publish a retraction of such inaccurate or misleading information.

                    (2)   Paragraph (1) (except for the last sentence) shall not
               apply to the public disclosure of (A) information about any
               consumer product with respect to which the Commission has filed
               an action under section 12 (relating to Imminently hazardous
               products), or which the Commission has reasonable cause to believe
               is in violation of  section 19 (relating to prohibited acts), or
               (B) information in  the course of or concerning any administrative
               or judicial proceeding under this Act.

               (c)  The Commission shall communicate to each  manufacturer of a
          consumer product, insofar as may be practicable, information as to any
          significant risk of injury associated with such product.


                        CONSUMER PRODUCT SAFETY STANDARDS

II        SEC.  7.

               (a)  (1)   The Commission may by rule promulgate consumer product
               safety standards.  A consumer product safety standard shall consist
               of one or more of the following of requirements:
XV
                         (A)  Requirements as to packaging of a consumer product.

                         (B)  Requirements that a consumer product be marked
                    with or accompanied by clear and adequate warnings or
                    instructions,  or requirements respecting the form of warnings
                    or instructions.

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                                        CPSA - 4


V                    (2)  No consumer product safety standard shall require,
               incorporate, or reference any sampling plan. (The preceding
               sentence shall not apply to a fabric, related material, or product
               which is subject  to a flammability standard under the Flammable
               Fabrics Act, or to glass containers.)

               (b)   A proceeding for the development of a consumer product safety
          standard shall be commenced by publication in the Federal Register of a
          notice which shall —

                     (1)  identify the product and the nature of the risk of
               injury associated with the product;...

                     (3)  include information with respect to any existing standard
               known to the Commission which may be relevant to the proceeding;
               and

                     (A) include  an invitation for any person to submit within 30
               days  (A) an existing standard as the proposed consumer product
               safety standard or (B) to offer to develop a proposed consumer
               product safety standard.

               (c)   If the Commission determines that (1) there exists
          a standard which has been issued or adopted by any Federal agency or by
          any other  qualified agency, organization, or institution, and (2) such
          standard if promulgated under this Act, would eliminate or reduce the
          unreasonable risk of injury associated with the product, then it may, in
          lieu of accepting an offer pursuant to subsection (d) of this section,
          publish such standard  as a proposed consumer product safety rule.

               (d)   (1)  Except  as provided by subsection (c) above, the Commission
               shall accept one, and may accept more than one, offer to develop a
               proposed consumer product safety standard if it determines that the
               offerer is technically competent, is likely to develop an appropriate
               standard within the period specified in the invitation and will
               comply with the regulations of the Commission under paragraph (3)
               below...

                     (3)  The Commission shall prescribe regulations governing
               the development of consumer product safety standards... Such
               regulations shall include requirements —

1                        (A)   that standards recommended for promulgation be
                    supported by test data or such other documents or materials as
                    the Commission may reasonably require to be developed, and
                     (where appropriate)  contain suitable test methods for
                    measurement of compliance with such standards...

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                                       CPSA - 5
                        (C)  for the maintenance of records,  which shall
                   be available to the public,  to disclose the course of the
                   development of standards,  the comments and other information
                   submitted by any person in connection with such development
                   and such other matters as  may be relevant  to the evaluation of
                   such recommended standards;  and

                        (D)  that the Commission and the Comptroller General of
                   the United States, or any  of their duly authorized repre-
                   sentatives, have access for the purpose of audit and examination
                   to any books, documents, papers, and records relevant to the
                   development of such recommended standards...
              ADMINISTRATIVE PROCEDURE APPLICABLE TO PROMULGATION
                       OF CONSUMER PRODUCT SAFETY RULES
              y•••

II            (b)   In promulgating a consumer product safety rule the Commission
         shall consider relevant available product data including the results of
         research,  development, testing,  and investigation activities conducted
         generally and pursuant to this Act.

II            (c)   (1)  Prior to promulgating a consumer product safety rule,
              the Commission shall consider, and shall make appropriate findings
              for inclusion in such rule with respect to —

                        (A)  the degree and nature of the risk of injury the
                   rule is designed to eliminate or reduce;

                        (B)  the approximate number of consumer products, or
                   types or classes thereof, subject to such rule;

                        (C)  the public need for the consumer products subject
                   to such rule, and the probable effect of such rule upon the
                   utility, cost, or availability of such products; and

                        (D)  any means of achieving the objective of the order
                   while minimizing adverse effects on competition or disruption
                   or dislocation of manufacturing and other commercial practices
                   consistent with the public health and safety...

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                                       CPSA - 6
                    COMMISSION RESPONSIBILITY — PETITION FOR
                         CONSUMER PRODUCT  SAFETY RULE
         SEC. 10.
               (a)  Any  interested person may petition  the Commission to commence
         a proceeding for  the  issuance, amendment or revocation of a consumer
         product safety rule.

IV             (b)  Such petition shall...  set  forth its  factual basis and briefly
         describe  the desired  action.

               (c)  The  Commission may hold a public hearing or conduct such
         investigation  or  proceeding as it deems appropriate in regards to such
         petition...
                                IMMINENT HAZARDS

         SEC. 12.

XVII          (a)  The Commission may file in a United States district court an
         action  (1) against an  imminently hazardous consumer product for seizure
         of such product, or  (2) against any person who is a manufacturer,
         distributor, or retailer of such product, or  (3) against both.  Such an
         action may be filed  notwithstanding the existence of a consumer product
         safety rule applicable to such product, or any pending administrative or
         judicial proceedings under any other provision of this Act.  As used in
XVI      this section, and hereinafter in this Act, "imminently hazardous consumer
         product" means a consumer product which presents imminent and unreason-
         able risk of death,  serious illness, or severe personal injury...

IV            (d)  (1)  Prior to commencing an action under subsection (a)
              above, the Commission may consult the Product Safety Advisory
              Council (established under section 28) with respect to its
              determination to  commence such action, and request the Council's
              recommendations as to the type of temporary or permanent relief
              which may be necessary to protect the public.

                   (2)  The Council shall submit its recommendations to the
              Commission within one week of such request.

                   (3)  Subject to paragraph (2), the Council may conduct such
 IV           hearing or offer  such opportunity for the presentation of views
              as it may consider necessary or appropriate...

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                                       CPSA - 7


                                 NEW PRODUCTS

          SEC.  13.

XI             (a)  The Commission may, by rule, prescribe procedures for the
          purpose of ensuring that the manufacturer of any new consumer product
          furnish notice and a description of such product to the Commission
          before its distribution in commerce.

._VT            (b)  For purposes of this section, the term "new consumer product"
          means a consumer product which incorporates a design, material, or form
          of  energy exchange which (1) has not previously been used substantially
          in  consumer products and (2) for which there exists a lack of infor-
          mation adequate to determine the safety of such product in use by
          consumers.


                      PRODUCT CERTIFICATION AND LABELING

          SEC.  14.

XI             (a)  (1)  Every manufacturer of a product which is subject to
               a consumer product safety standard and which is distributed in
               commerce (and the private labeler of such product if it bears a
               private label) shall issue a certificate certifying that such
               product conforms to all applicable consumer product safety
               standards, and specifying any applicable standard. Such certificate
               shall accompany the product or shall otherwise be furnished to any
               distributor or retailer to whom the product is delivered.  Any
               certificate under this subsection shall be based on a test of each
               product or upon a reasonable testing program; shall state the name
               of the manufacturer or private labeler issuing the certificate; and
               shall include the date and place of manufacture...

               (b)  The Commission may by rule prescribe reasonable testing
          programs for consumer products which are subject to consumer product
          safety standards under this Act and for which a certificate is required
          under subsection (a).

XV             (c)  The Commission may by rule require the use and prescribe the
          form  and content of labels which contain any or all of the following
          information:

                   (1)  The date and place of manufacture of any consumer
               product.

                   (2)  A suitable identification of the manufacturer of the
               consumer product, unless the product bears a private label in
               which case it shall identify the private labeler and shall also
               contain a code mark which will permit the seller of such product
               to identify the manufacturer to the purchaser upon request.

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                                        CPSA - 8


 XI                  (3)   In the case of a consumer product subject to a consumer
               product safety rule,  a certification that the product meets all
               applicable consumer product safety standards and a specification
               of the standards which are applicable.

               Such labels, where practicable, may be required by the Commission
          to be permanently marked on or affixed to any such consumer product...


                 NOTIFICATION AND REPAIR, REPLACEMENT, OR REFUND

          SEC.  15.

XVI            (a)   For  purposes of  this section: "Substantial product hazard"
          means —  ...

                    (1)   a failure to comply with an applicable consumer product
               safety rule which creates a substantial risk of injury to the
               public.

                    (2)   a product defect which (because of the pattern of defect,
               the  number of defective products distributed in commerce, the
               severity  of the risk, or otherwise) creates a substantial risk
               of injury to the public;

Xi             (b)   Every manufacturer, distributor and retailer of a consumer
          product who obtains information which reasonably supports the conclusion
          that  such product —

                    (1)   fails to comply with an applicable consumer product
               safety rule, or

                    (2)   contains a  defect which could create a substantial
               product hazard,

          shall immediately inform the Commission of such failure to comply or of
          such  defect, unless such person has actual knowlege that the Commission
          has been  adequately informed of such defect or failure to comply.

Xi             (c)   If the Commission determines (after affording an opportunity
          for a hearing)  that a product presents a substantial hazard and that
          notification is required in order to adequately protect the public from
          such  substantial hazard, the Commission may order the manufacturer or
          any distributor or retailer of the product to take any one or more of
          the following  actions:

                    (1)   To give public notice of the defect or failure to comply.

                    (2)   To mail notice to each person who is a manufacturer,
               distributor, or retailer of such product.

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                                        CPSA -  9
                    (3)   To mail notice to  every  person  to whom the  person
               required  to give notice knows  such product was  delivered  or  sold.

          Any such order shall specify the  form and  content  of any notice required
          to be given under such order...
                          INSPECTION AND  RECORD-KEEPING

          SEC.  16.

v_             (a)   For purposes of  implementing  this  Act,  or  rules  or  orders
          prescribed under this Act,  officers  of  the Commission,  upon presenting
          appropriate credentials and a written notice from the Commission  to  the
          owner,  operator, or agent  in charge, are  authorized  —

                    (1)  to enter, at reasonable  times,  (A)  any factory, warehouse,
               or establishment in which  consumer products  are manufactured or
               held, in connection with distribution in commerce,  or (B). any
               conveyance being used to transport consumer  products  in  connection
               with distribution in  commerce;  and

                    (2)  to inspect,  at reasonable  times and in a reasonable
               manner such conveyance or  those areas of such factory, warehouse,
               or establishment where such products are manufactured, held,
               or transported and which may relate  to  the safety  of  such products.

VII            (b)   Every person who is a manufacturer,  private labeler, or
          distributor of a consumer  product shall establish and maintain such
          records,  make such reports, and provide such information as the
          Commission may, by rule, reasonably  require  for the  purposes  of
          implementing this Act, or  to determine  compliance with  rules  or  orders
          prescribed under this Act.   Upon request  of  an officer  of  the Commission,
VIII      every such manufacturer, private labeler, or distributor shall permit
          the inspection  of appropriate  books, records, and papers  relevant to
          determining whether such manufacturer,  private labeler, or distributor
          has acted or is acting in  compliance with this Act and  rules  under this
          Act.
                                IMPORTED PRODUCTS

XVII      SEC.  17.

               (a)   Any consumer product offered for importation into the customs
          territory of the United States shall be refused admission if such
          product —

                    (1)  fails to comply with an applicable consumer product
               safety rule;

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                                       CPSA - 10
                   (2)  is not accompanied by a certificate required by section
              14, or is not labeled in accordance with regulations under
              section 14(c);

                   (3)  is or has been determined to be an imminently hazardous
              consumer product in a proceeding brought under section 12;

                   (4)  has a product defect which constitutes a substantial
              product hazard (within the meaning of section 15(a)(2)); or

                   (5)  is a product which was manufactured by a person who
              the Commission has informed the Secretary of the Treasury is
              in violation of subsection (g) below.

              (b)  The Secretary of the Treasury shall obtain without charge and
         deliver to the Commission upon request, a reasonable number of samples
         of consumer products being offered for import...

              (g)  The Commission may, by rule, condition the importation of a
         consumer product on the manufacturer's compliance with the inspection
         and record-keeping requirements of this Act and the Commission's rules
         with respect to such requirements.
                                PROHIBITED ACTS

VTTTT     SEC.  19.

              (a)   It shall be unlawful for any person to —

                   (1)   manufacture for sale,  offer for sale, distribute in
              commerce,  or import into the United States any consumer product
              which is not in conformity with an applicable consumer product
              safety standard under this Act;...

                   (2)   manufacture for sale,  offer for sale, distribute in
              commerce,  or import into the United States any consumer product
              which has  been declared a banned hazardous product by a rule under
              this Act;

                   (3)   fail or refuse to permit access to or copying of records,
              or fail or refuse to establish or maintain records, or fail or
              refuse to  make reports or provide information, or fail or refuse
              to permit  entry or inspection,  as required under this Act or
              rule thereunder;

                   (4)   fail to furnish information required by section 15(b)
              [informing the Commission of substantial product hazards];

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                                        CPSA - 11
                    (5)  fail to comply with an order issued under section 15(c)
               [informing the public of substantial product hazards];

                    (6)  fail to furnish a certificate required by section 14
               or issue a false certificate...; or to fail to comply with any
               rule under section 14(c) (relating to labeling);...

                    (8)  fail to comply with any rule under section 13 (relating
               to prior notice and description of new consumer products); or

                    (9)  fail to comply with any rule under section 27(e) (relating
               to provision of performance and technical data)...
                           EFFECT ON PRIVATE REMEDIES

          SEC. 25...

 XIV           (c)  Subject to sections 6(a)(2) and 6(b) but notwithstanding
          section 6(a)(l), any accident or investigation report made under this
          Act shall be available to the public... and all reports on research
          projects, demonstration projects, and other related activities shall be
          public information.
                       ADDITIONAL FUNCTIONS OF COMMISSION

          SEC. 27.

IV             (a)  The Commission may, conduct any hearing or other inquiry
          necessary or appropriate to its functions.  The Commission shall publish
          notice of any proposed hearing and afford a reasonable opportunity for
          interested persons to present relevant testimony and data.

               (b)  The Commission shall also have the power —

Xiii                (1)  to require, by special or general orders, any person
               to submit in writing such reports and answers to questions as
               the Commission may prescribe; and such submission shall be made
               within such reasonable period and under oath or otherwise as
               the Commission may determine;

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                                         CPSA - 12


                     (2)  to administer oaths;

Ix                   (3)  to require by subpoena the attendance and testimony
                of witnesses and the production of all documentary evidence
                relating to the execution of its duties;

                     (4)  in any proceeding or investigation to order testimony to
                be taken by deposition before any person who is designated by the
                Commission and has the power to administer oaths and, in such
                instances, to compel testimony and the production of evidence
                in the same manner as authorized under paragraph (3) above;...

                (e)  The Commission may by rule require any manufacturer of
           consumer products to provide to the Commission such performance .and
           technical data related to performance and safety as may be required to
           carry out the purposes of this Act, and to give such notification of
XI         such performance and technical data at the time of original purchase to
           prospective purchasers and to the first purchaser of such product for
           purposes other than resale.

                (f)  For purposes of carrying out .this Act, the Commission may
           require any manufacturer, distributor, or retailer to sell a product to
           the Commission at cost...

                (h)  The Commission may plan, construct, and operate a facility or
H         facilities suitable for research, development, and testing of consumer
           products in order to carry out this Act...

                (j)  The Commission shall prepare and submit to the President and
II         the Congress at the beginning of each regular session of Congress a
           comprehensive report on the administration of tb _s Act for the preceding
           fiscal year.  Such report shall include —

                     (1)  a thorough appraisal, including statistical analyses,
                estimates,  and long-term projections of the incidence of injury
                and effects to the population resulting from consumer products,
                with a breakdown,  insofar as practicable, among the various sources
                of such injury;...

                     (5)  an analysis and evaluation of public and private consumer
                product safety research activities;...


                          PRODUCT  SAFETY ADVISORY COUNCIL

 IV        SEC.  28.

                (a)   The Commission shall establish a Product Safety Advisory
           Council which it may  consult before taking any action under this Act.
           The Council  shall be  appointed by the Commission and shall be composed
           of  fifteen qualified members,  as follows:

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                                      CPSA - 13


                   (1)  five members shall be selected from governmental agencies
             including Federal, State, and local governments;

                   (2)  five members shall be selected from consumer product
             industries including at least one representative of small business;
             and

                   (3)  five members shall be selected from among consumer
             organizations, community organizations, and recognized consumer
             leaders.

             (b)   The Council shall meet at the call of the Commission, but not
        less often than four times during each calendar year.

XIV          (c)   The Council may propose consumer product safety rules to the
        Commission for its consideration and may function through subcommittees
        of its members.  All proceedings of the Council shall be public, and a
        record of  each proceeding shall be available for public inspection...


               COOPERATION WITH STATES AND WITH OTHER FEDERAL
                                  AGENCIES

III     SEC. 29...

             (c)   The Commission may obtain from any Federal department or
        agency such statistics, data, program reports, and other materials
        necessary  to carry out its functions under this Act.  Each such depart-
        ment or agency may cooperate with the Commission and, to the extent
        permitted  by law, furnish such materials to it.  The Commission and the
        heads of other departments and agencies engaged in administering
        programs related to product safety shall, to the maximum extent practicable,
        cooperate  and consult in order to insure fully coordinated efforts.

             (d)   The Commission shall, to the maximum extent practicable,
        utilize the resources and facilities of the National Bureau of Standards],
        on a reimbursable basis, to perform research and analyses related  to
        risks of injury associated with consumer products  (including fire  and
        flammabllity risks), to develop test methods, to conduct studies and
        investigations, and to provide technical advice and assistance in
        connection with the functions of the Commission.

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     [Note:   The responsibilities of the Secretary of
     Health,  Education and Welfare under this Act
     were transferred to the Consumer Product Safety
     Commission by P.L.  92-573.   For clarity the term
     "Commission" has been substituted for "Secretary1
     as appropriate.]
             "FEDERAL HAZARDOUS SUBSTANCES ACT"

     As amended by PUBLIC LAW 89-756;  PUBLIC LAW 91-113;
          PUBLIC LAW 91-452 and PUBLIC LAW 94-284]
                    DEFINITIONS


SEC.2.

     For the purposes of this Act:...

     (d)  "Commission" means the Consumer Product Safety Commission...

     (f)  "Hazardous substance" means:

          (1)  (A) Any substance or mixture which (i) is toxic, (ii) is
          corrosive, (iii) is an irritant, (iv) is a strong sensitizer,
          (v) is flammable, or (vi)  generates pressure through decom-
          position, heat, or other means, if such substance or mixture
          may cause substantial personal injury or substantial illness
          as a result of any customary or reasonably foreseeable
          handling or use, including reasonably foreseeable ingestion by
          children.

               (B)  Any substances which the Commission (by regulation)
          finds meet the requirements of subparagraph (1)(A) above.
          (See subsection 3(a))

               (C)  Any radioactive substance, which (as used in a
          particular class of article or as packaged) the Commission
          determines is sufficiently hazardous to require labeling  in
          order to protect the public health.

          (2) "Hazardous substance'1 shall not apply to pesticides,
     foods, drugs, cosmetics, fuels or tobacco and tobacco products, but
     such term shall apply to any article which is not itself a pesticide
     but which is a hazardous substance by reason of bearing or containing
     such economic poison.

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                                       FHSA - 2


                   (3)  "Hazardous substance" shall not Include any source
              material, special nuclear material, or byproduct material.

XVI           (g)   "Toxic" shall apply to any substance (other than a radioactive
         substance) which has the capacity to produce personal injury or  illness
         to man through ingestion, inhalation, or absorption through any  body
         surface.

XVI           (h)   (1)  "Highly toxic" means any substance which falls within
              any  of the following categories: (a) produces death within  fourteen
              days in half or more than half of a group of ten or more laboratory
              white rats each weighing between two hundred and three hundred
              grams, at a single dose of fifty milligrams or less per kilogram of
              body weight, when orally administered,... or when inhaled continuously
              for  a period of one hour or less at an atmospheric concentration of
              two  hundred parts per million by volume or less of gas or vapor or
              two  milligrams per liter or less of mist or dust, provided  such
              concentration is likely to be encountered by man when the substance
              is used in any reasonably foreseeable manner;... or (c) produces
              death within fourteen days in half or more than half of a group of
              ten  or more rabbits tested in a dosage of two hundred milligrams or
              less per kilogram of body weight, when administered by continuous
              contact with the bare skin for twenty-four hours or less.

                   (2)  If the Commission finds that available data on human
              experience with any substance indicates results different from
              those obtained on animals in the above-named dosages or concen-
              trations,  the human data shall take precedence.

XVI           (i)   "Corrosive" means any substance which,  in contact with living
         tissue, will cause destruction of tissue by chemical action; but shall
         not refer to action on inanimate surf aces >.

XVI           (j)   "Irritant" means any substance not corrosive within the above
         meaning which on immediate,  prolonged, or repeated contact with  normal
         living  tissue will induce a local inflammatory reaction.

XVI           (k)   "Strong sensitizer" means a substance which will cause,
         through an allergic or photodynamic process, a hypersensitivity  of
         normal  living tissue which becomes evident on reapplication of the same
         substance.   Before designating any substance as a strong sensitizer, the
         Commission,  upon consideration of the frequency of occurrence and
         severity  of  the reaction,  shall find that the substance has significant
         potential for causing hypersensitivity...

XVI           (p)   "Misbranded hazardous substance" means  a hazardous substance
XV       intended  for use in the household or by children, if the packaging or
         labeling  of  the substance  is in violation  of an  applicable regulation
         issued  under section 3 or  4  of the Poison Prevention Packaging Act of
         1970 or if the  substance,  unless exempted by section 3 below, fails to
         bear a  label—

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                                          FHSA -  3


                      (1)   which states  conspicuously  (A)  the  name  and  place of
                 business  of the manufacturer,  packer,  distributor  or seller;  (B)
                 the common, usual or chemical name  of  each  component which
                 contributes substantially to  its hazard,  (unless the Commission by
                 regulation permits or requires the  use of a recognized generic
                 name);  (C) the signal word "DANGER" on substances  which are
                 extremely flammable,  corrosive,  or  highly toxic; (D) the signal
                 word "WARNING" or "CAUTION" on all  other  hazardous substances;  (E)
                 an affirmative statement  of the  principal hazard or hazards,  such
                 as "Flammable", "Combustible", "Vapor  Harmful", "Causes Burns",
                 "Absorbed Through Skin",  or similar wording;  (F) precautionary
                 measures  describing the action to be  followed or avoided;  (G)
                 instruction, when appropriate, for  first-aid  treatment; (H) the
                 word "poison" for any "high toxic"  substance; (I)  instructions  on
                 packages  which require  special care in handling or storage; and
                 (J) the statement (i) "Keep out  of  the reach  of children"  or its
                 practical equivalent, or  (ii)  if the  article  is intended for use
                 by children and is not  a  banned  hazardous substance, adequate
                 directions for the protection of children from the hazard, and

                      (2)   on which any  required  statements  are located prominently
                 in the  English language in conspicuous and  legible type in contrast
                 by typography, layout,  or color  with  other  printed matter on the
                 label.

 XVI             (q)  (1)   "Banned hazardous substance" means  (A) any toy,  or other
                 article intended for use  by children,  which is a hazardous substance,
                 or which  bears or contains a  hazardous substance in such manner
                 that a  child might be exposed to the  substance; or (B) any
                 hazardous substance intended  for use  in the household  which the
                 Commission by regulation  classifies as a "banned hazardous sub-
                 stance" on finding that the degree  or nature  of  the hazard involved
                 in its  presence or use  in households  is such  that  protection of the
                 public  health and safety  can  be  adequately  served  only by keeping
                 such substance out of interstate commerce (any existing or possible
                 labeling  requirement notwithstanding): Provided,  that  the Commission
                 by regulation (i) shall exempt articles,  such as  chemical sets,
                 which require inclusion of a  hazardous substance(s),... and (ii)
                 shall exempt from clause  (A), and provide for the  labeling of,
                 common  fireworks to the extent that it determines  such articles can
                 be adequately labeled to  protect purchasers and  users...


                   REGULATIONS DECLARING HAZARDOUS  SUBSTANCES  AND
                      ESTABLISHING VARIATIONS AND EXEMPTIONS

            SEC.  3.

XVI              (a)  (1)   Whenever the  Commission  finds that the objectives of
                 this Act  will be promoted (by avoiding or resolving uncertainty

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                                        FHSA - 4
               as  to its application) , it may by regulation declare any substance
               or  mixture  (which  it  finds meets the requirements stated above) to
               be  a hazardous  substance  for  the purposes of this Act. . .
XV              (b)   If  the Commission  finds  that labeling requirements under
          section 2(p)(l) are not adequate for protection of the public health and
          safety in  view of  the  special hazard presented by any particular
          hazardous  substance, it may  by regulation establish reasonable variations
          or additional label requirements as necessary. . .

Xv              (c)   If  the Commission  finds  that full compliance with labeling
          requirements  otherwise applicable  under  this Act are impracticable or
          not necessary for  adequate protection of the public health and safety,
          it shall promulgate regulations exempting any such substance from these
          requirements  to an appropriate extent.

X               (d)   The Commission may exempt from requirements established by or
          pursuant to this Act any hazardous substance or container if it finds
          that  adequate requirements satisfying the purposes of this Act have been
          established by or  pursuant to any  other Act of Congress...
                                 PROHIBITED ACTS

XVII      SEC. 4.

               The following acts and the causing thereof are hereby prohibited:

               (a)  Introduction or delivery for introduction into interstaLe
          commerce of any misbranded hazardous substance or banned hazardous
          substance.

               (b)  Alteration of a label or any other action which results in a
          hazardous substance being a misbranded or banned hazardous substance.

               (c)  Receipt in interstate commerce of any misbranded hazardous
          substance or banned hazardous substance or delivery or proffered
          delivery thereof for pay or otherwise.

               (d)  Giving a false guarantee or undertaking [explained in section
          5(b)(2) below] except by a person who relied upon a preceding guarantee
          or undertaking to the same effect signed by, and containing the name and
          address of, the person residing in the United States from whom he
          received in good faith the hazardous substance.

               (e)  The failure to permit entry or inspection as authorized by
          section 11(b) or to permit access to and copying of any record as
          authorized by section 12.

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                                       FHSA -  5
               (f)  Receipt,  delivery or  introduction into  interstate commerce, of
          a hazardous  substance  in a reused food, drug, or  cosmetic container or
          in a  new  container  which is identifiable as a food, drug, or cosmetic
          container by its  labeling or by other identification. . .

               (h)  The use by any person to his own advantage,  or revealing other
          than  to the  Commission or its officers or employees,  or to the courts of
          any information acquired under  authority of section 11 concerning any
          method or process which, as a trade secret, is entitled to protection.
                                   PENALTIES
               (b)  No  person  shall be  subject  to penalties  (1)  for having
         violated  section  4(c),  if the receipt, delivery, or proffered delivery
         of  the  hazardous  substance was made in good  faith, unless he refuses  to
         furnish the name  and address  of  the person from whom he purchased  or
         received  such hazardous substance, and copies of all documents pertaining
         to  the  delivery of the  hazardous substance to him; or  (2) for having
         violated  section  4 (a),  if he  establishes a guarantee or undertaking
         signed  by, and containing the name and address of, the person residing
         in  the  United States from whom he received in good faith the hazardous
         substance, to the effect that the hazardous  substance  is not a mis-
         branded hazardous substance or a banned hazardous  substance; or  (3) for
         having  violated subsection 4 (a)  or 4(c) in respect of  any hazardous
         substance shipped or delivered for shipment  for export to any foreign
         country,  in a package marked  for export on the outside of the shipping
         container and labeled in accordance with the specifications of the
         foreign purchaser and in accordance with the laws  of the foreign  country
         and actually  exported.
                                   REGULATIONS

          SEC.  10.

Vii            (a)   The authority to  promulgate regulations for the efficient
          enforcement  of this  Act,  except  as  otherwise provided in this section,
          is  hereby vested  in  the Commission.

XVII           (b)   The Secretary of  the Treasury and the Commission shall jointly
          prescribe regulations  for the efficient enforcement of the provisions of
III       section 14 [Imports],  except as  otherwise provided therein...

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                                       FHSA - 6


                        EXAMINATIONS AND INVESTIGATIONS

VIII     SEC. 11.

              (a)  The Commission is authorized to conduct examinations, in-
         spections, and investigations for the purposes of this Act through
         officers and employees of the Commission or through any health officer
         or employee of any State, territory, or political subdivision thereof,
         duly designated.

              (b)  For purposes of enforcement of this Act, officers designated
         by the Commission, upon presenting appropriate credentials and a written
         notice to the owner, operator, or agent in charge, are authorized (1) to
         enter, at reasonable times, any factory, warehouse, or establishment in
         which hazardous substances are manufactured, processed, packed, or held
         for introduction into interstate commerce or are held after such
         introduction, or to enter any vehicle being used to transport or hold
         such hazardous substances in interstate commerce; (2) to inspect, at
         reasonable times and within reasonable limits and in a reasonable
         manner, such factory, warehouse, establishment, or vehicle, and all
         pertinent equipment, finished and unfinished materials, and labeling
         therein; and (3) to obtain samples of such materials, packages, or
         labeling.  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 inspection.

              (c)  If the officer obtains any sample, prior to leaving the
         premises he shall give to the owner, operator, or agent in charge a
         receipt describing the samples obtained.  If an analysis is made of such
         sample, a copy of the results shall be furnished to the owner, operator,
         or agent in charge.


                        RECORDS OF INTERSTATE SHIPMENT

VIII     SEC. 12.

              For the purpose of enforcing the provisions of this Act, carriers
         engaged in interstate commerce,  and persons receiving hazardous sub-
         stances in interstate commerce or holding such hazardous substances
         shall,  upon the request of an officer designated by the Commission,
         permit access to and copying of  all records showing the movement in
         interstate commerce of any such hazardous substance, or the holding
         thereof during or after such movement,  and the quantity, shipper, and
         consignee thereof;  and it shall  be unlawful for any such carrier or
         person to fail to permit such access to and copying of any record
         requested when the request is accompanied by a statement in writing
         specifying the nature or kind of hazardous substance to which the
         request relates:  Provided,  that  evidence obtained under this section, or
         any evidence which is directly or indirectly derived from such evidence,
         shall not be used in a criminal  prosecution of the person from whom

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                                      FHSA - 7
        obtained:  Provided further, that carriers shall not be subject to the
        other provisions of this Act by reason of their receipt, carriage,
        holding, or delivery of hazardous substances in the usual course of
        business as carriers.
                                  PUBLICITY

XIV      SEC. 13...

II           (b)  The Commission may disseminate information regarding hazardous
         substances  in situations involving, in the opinion of the Commission,
         imminent danger to health.  Nothing in this section shall be construed
         to prohibit the Commission from collecting, reporting, and illustrating
         the results of its investigations.


                                   IMPORTS

XVII     SEC. 14.

             (a)  The Secretary of the Treasury shall deliver to the Commission
         upon request, samples of hazardous substances which are being imported
VIII     ฐr offered  for import into the United States, giving notice to the owner
         or consignee, who may appear before the Commission and have the right to
         introduce testimony.  If it appears that such hazardous substance is a
         misbranded  hazardous substance or banned hazardous substance or in
         violation of section 4(f) [packaged in reused or new food, drug or
         cosmetic containers], then such hazardous substance shall be refused
         admission.   The Secretary of the Treasury shall cause the destruction of
         any such hazardous substance refused admission unless the substance is
         exported within ninety days of the date of notice of such refusal or
         within  such additional time as may be permitted by the Secretary of the
         Treasury.
                      EFFECT UPON FEDERAL AND  STATE LAW

XVII     SEC. 18...

Ill           (b)   (1)   (A)  Except  as  provided in  paragraphs  (2)  and (3),  if
                   a hazardous  substance  or  its packaging  is subject to a
                   cautionary labeling  requirement  under section 2(p) or 3(b)
                   designated to  protect  against a  risk of illness or injury
                   associated with the  substance, no State or  political sub-
                   division  of  a  State  may establish or continue in effect a
                   cautionary labeling  requirement  applicable  to such substance
                   or packaging and  designed to protect against the same risk of
                   illness or injury unless  such cautionary labeling requirement
                   is identical to the  labeling requirement under section 2(p) or
                   3(b).

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                         FHSA - 8
     (2)  [The Federal Government and State Government
may agree to different standards or requirements for a
special purpose.]

     (3)  [The Commission may allow a requirement which
provides a significantly higher degree of protection, but
which will not unduly burden interstate commerce.]

     (4)  [labeling of fireworks] ...

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                   [NOTE:   The  authorities  and responsibilities of
                   the Secretary  of Health,  Education, and Welfare, the
                   Secretary of Commerce  and the Federal Trade Commission
                   under the Flammable Fabrics Act were transferred by
                   section 30 of  the  Consumer Product  Safety Act  (CPSA)  to
                   the Consumer Product Safety Commission  (CPSC).
                   "Commission" hereinafter refers to  the CPSC.

                   The discretionary  powers of the Commission under this
                   act to gather  data which might be useful to toxic
                   substances regulation  are minimal.  However, the
                   general authorities of subsections  5(c) and 5(d) may
                   be currently used  or potentially useful for gathering
                   data on the  use of certain chemicals in the textile
                   industry.]
                    PUBLIC LAW 90-189  — December  14,  1967
                                 as  amended by
                       PUBLIC  LAW 92-284 — May  11,  1976
                            "FLAMMABLE FABRICS  ACT"

                        *              *               *

                        REGULATION OF FLAMMABLE FABRICS
         SEC.  4...

XVII          (b)   Each [flammability]  standard or regulation shall be based on
         findings  that such standard,  regulation or amendment is needed to
         protect the public against unreasonable risk of the occurrence of fire
         leading to death,  injury,  or  significant property damage;  is reasonable,
         technologically practicable,  and appropriate;  is limited to fabrics,
         related materials, or products which have been determined to present
         such unreasonable risks;  and  shall be stated in objective terms...

IX            (c)   The Commission may  obtain from any person, by regulation or
         subpoena,  such information in the form of testimony, books, records, or
         other writings as is pertinent to the findings or determinations which
         he is required or authorized  to make pursuant to this Act.  All
         information reported to or otherwise obtained by the Commission or its
         representative pursuant to this subsection which contains or relates to
         a trade secret or other matter referred to in section 1905 of Title 18,
         United States Code, shall be  considered confidential for the purpose
         of that section, except that  such information may be disclosed to other
         officers  or employees concerned with carrying out this Act or when
         relevant  in any proceeding under this Act.  Nothing in this section
         shall authorize withholding of information by the Commission from the
         duly authorized committees of the Congress...

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                                        FFA - 2


                          ADMINISTRATION AND ENFORCEMENT

          SEC.  5...

VII            (c)   The Commission is directed to prescribe rules and regulations,
          including  provisions for maintenance of records relating to fabrics,
          related materials,  and  products, necessary for administration and
          enforcement of this Act...

I              (d)   The Commission is authorized to —

                    (1)  cause inspections, analyses, tests,  and examinations  to
               be made of any product, fabric, or related material which it has
               reason to believe falls within the prohibitions of this Act; and

III                 (2)  cooperate on matters related to the  purpose of this Act
               with  any department or agency of the Government; with any State...
               or with any person.
                  NATIONAL ADVISORY COMMITTEE FOR THE FLAMMABLE
                                   FABRICS  ACT
IV        SEC.  17...
               (a)  The  Secretary  of  Commerce  shall  appoint  a National  Advisory
          Committee for  the  Flammable Fabrics  Act, composed  of not  less than nine
          members, fairly  representative of manufacturers, distributors,  and the
          consuming public.   The members of the  Committee who are appointed  to
          represent manufacturers  shall  include  representatives from (1)  the
          natural fiber  producing  industry,  (2)  the  manmade  fiber producing
          industry, and  (3)  manufacturers of fabrics,   related materials,  apparel,
          or interior furnishings.  Each member  appointed by the Secretary shall
          hold office for  not more  than  two years, except that any  member  may be
          reappointed.

               (c)  The  Secretary shall  consult  with the National Advisory
          Committee before prescribing flammability  standards or other  regulations
          established under  this Act.

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                   PUBLIC LAW 91-601 — December 30,  1970


                      "POISON PREVENTION PACKAGING ACT"
        [Note:  Section 30 of the Consumer Product Safety Act transferred the
        functions of the Secretary of Health,  Education and Welfare under the
        Poison Prevention Packaging Act to the Consumer Product Safety
        Commission.}
IV      SEC.  6...
             (a)  For the purpose of assisting in carrying out the purposes of
        this Act,  the Secretary shall appoint a technical advisory committee,
        designating a member thereof to be chairman, composed of not more than
        eighteen members who are representative of (1) the Department of Health,
        Education, and Welfare, (2)  the Department of Commerce, (3) manufacturers
        of household substances subject to this Act, (4)  scientists with
        expertise related to this Act and licensed practitioners in the medical
        field,  (5) consumers, and (6) manufacturers of packages and closures for
        household substances. The Secretary shall consult with the technical
        advisory committee in making findings and in establishing standards
        pursuant to this Act...

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                    PUBLIC LAW  93-633  — January 3, 1975

                         TITLE I — HAZARDOUS MATERIALS

                                  SHORT TITLE
          SEC.  101.

XVII           This  title may be  cited as  the "Hazardous Materials Transportation
          Act".

          SEC.  102.

               It  is declared to  be  the policy of Congress  in  this title  to
          improve  the regulatory  and enforcement authority  of  the Secretary of
          Transportation to protect  the Nation adequately against the risks to
          life  and property which are inherent in the  transportation of hazardous
          materials  in commerce.
                                   DEFINITIONS

          SEC.  103.

               As used  in  this  title:...

XVI                 (2)  "Hazardous material" means  a  substance  or  material in a
               quantity and  form which  may pose  an unreasonable  risk to  health and
               safety or property when  transported in  commerce;

XVI                 (3)  "Secretary" means the Secretary of  Transportation;...


                       DESIGNATION  OF HAZARDOUS  MATERIALS

XVII      SEC.  104.

               Upon  a finding by the Secretary,  in his discretion,  that  the
          transportation of  a particular  quantity and  form of a  material in
          commerce may  pose  an  unreasonable  risk to  health and safety O(r property,
          he shall designate such quantity and form  of material  or  group or class
          of such materials  as  a hazardous material.  The materials so designated
          may include,  but are  not  limited to, explosives, radioactive materials,
          etiologic  agents,  flammable liquids or solids, combustible liquids or
          solids, poisons, oxidizing or corrosive materials, and compressed gases.

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                                        HMTA -  2


          SEC.  105.

               (a)   GENERAL.  —  The  Secretary may  issue  regulations  for  the safe
          transportation in commerce of  hazardous  materials.   Such regulations
          shall be applicable to any person-who transports, or causes  to be
          transported  or shipped,  a  hazardous material,  or who manufactures,
          fabricates,  marks,  maintains,  reconditions,  repairs,  or tests  a package
          or  container which is  represented,  marked,  certified,  or sold  by such
          person  for use in transportation of hazardous  materials.   Such regul-
          ations  may govern any  safety aspect of the  transportation  of hazardous
          materials  which the Secretary  deems appropriate, including the packing,
XV        repacking, handling, labeling,  marking,  placarding,  and routing (other
          than  with  respect to pipelines)  of  hazardous materials, and  the manu-
          facture, fabrication,  marking,  maintenance,  reconditioning,  repairing, or
          testing of a package or  container which  is  represented, marked, certified,
          or  sold by such person for use in the transportation of hazardous
          materials.

               (b)   COOPERATION. —  ...  the Secretary shall consult  and  cooperate
          with  representatives of  the Interstate Commerce Commission and shall
          consider any relevant  suggestions made by such Commission, before
          issuing any  regulation with respect to the  routing of  hazardous materials.

               (c)   REPRESENTATION.  — No person shall,  by marking or  otherwise,
          represent  that a container or  package for the  transportation of hazardous
          materials  is safe,  certified,  or in compliance with  the requirements of
          this  Act,  unless it meets  the  requirements  of  all applicable regulations
          issued  under this Act.
                        HANDLING OF HAZARDOUS MATERIALS
         SEC. 106.

              (a)  CRITERIA. — The Secretary is authorized  to  establish criteria
         for handling hazardous materials.  Such criteria may include, but need
         not be limited to, a minimum number of personnel; a minimum level of
V        training and qualification for such personnel;  type and frequency of
         inspection; equipment to be used for detection, warning, and control of
         risks posed by such materials; specifications regarding the use of
         equipment and facilities used in the handling and transportation of such
         materials; and a system of monitoring safety assurance procedures for
         the transportation of such materials.

X             (b)  REGISTRATION. — Each person who transports  hazardous materials
         or who manufactures, fabricates, marks, maintains,  reconditions,
         repairs, or tests packages or containers which  are  represented, marked,
         certified, or sold for use in the transportation of hazardous materials
XII     may be required to prepare and submit a registration statement not more

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                                       HMTA - 3


          often than once  every  two years which shall include, but need not be
          limited to,  such person's name; principal place of business; the
          location of each activity handling such hazardous materials; a complete
          list of all hazardous  materials handled; and an averment that such
          person is in compliance with all applicable criteria established under
          subsection (a) above.  The  Secretary shall by regulation prescribe the
          form of any such statement  and the information required to be included.
          The Secretary shall make any registration statement filed pursuant to
          this subsection  available for inspecton by any person without charge,
          except that nothing in this sentence shall be deemed to require the
          release of any information  described by subsection (b) of section 552 of
XIV       title 5,  United  States Code, or which is otherwise protected by law from
          disclosure to the  public.

X              (c)   REQUIREMENT. — No person required to file a registration
          statement under  subsection  (b) above may transport or ship extremely
          hazardous materials [not separately defined, ed.] or manufacture,
          fabricate, mark, maintain,  recondition, repair, or test packages or
          containers for use in  the transportation of extremely hazardous materials,
          unless he has on file  a registration statement.


                                  EXEMPTIONS

X         SEC.  107.

               (a)   GENERAL. —  The Secretary is authorized to issue or renew,  to
          any person subject to  the requirements of this title, an exemption from
          such provisions, and from regulations issued under section 105 above, if
          such person transports or ships hazardous materials at a level of
          safety which is  equal  to or exceeds that level of safety which would  be
          required without such  exemption, or which would be consistent with the
          public interest  and the policy of this title in the event  there  is no
          existing level of  safety established.  The maximum period  of an
          exemption issued or renewed shall not exceed 2 years, but  any  such
          exemptions may be  renewed upon application to  the Secretary.   Each
          person applying  for an exemption or renewal shall provide  a  safety
          analysis as prescribed by the Secretary  to justify the  grant of  such
          exemption.  Notice of  an application for issuance or renewal of  an
          exemption shall  be published in the Federal Register.   The Secretary
          shall afford access to any  such safety analysis and an  opportunity  for
          public comment on  any  such  application,  except  that nothing  in this
XIV       sentence shall be  deemed to require the  release of any  information
          described by subsection  (b) of section 552 of  title 5,  United  States
          Code, or which is  otherwise protected by law  from disclosure to  the
          public...

               (d)   LIMITATION ON AUTHORITY. — Except when  the  Secretary deter-
          mines that an emergency exists, exemptions or  renewals  granted pursuant
          to this section  shall  be  the only means  by which a  person may be
          exempted from or relieved of under  this  title.

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                                        HMTA - 4
                       POWERS AND DUTIES OF THE SECRETARY  '
          SEC. 109.
II             (a)  GENERAL. — The Secretary is authorized to conduct necessary
          investigations, make reports, issue subpoenas, conduct hearings, require
IX        tne production of relevant documents, records, and property, take
          depositions, and conduct, directly or indirectly, research, development,
          demonstration, and training activities.  The Secretary .is further
          authorized, after notice and an opportunity for a hearing, to issue
          orders directing compliance with this title or regulations issued under
          this title; the district courts of the United States shall have
          jurisdiction, upon petition by the Attorney General, to enforce such
          orders by appropriate means.

               (b)  RECORDS. — Each person subject to requirements under this
VII       title shall establish and maintain such records, make such reports, and
XIII      provide such information as the Secretary shall by order or regulation
          prescribe, and shall submit such reports and shall make such records and
          information available as the Secretary may request.

VI11           (c)  INSPECTION. — The Secretary may authorize any officer to
          enter upon, inspect, and examine, at reasonable times and in a reason-
          able manner, the records and properties of persons to the extent such
          records and properties relate to —

                    (1)  the manufacture,  fabrication, marking, maintenance,
               reconditioning, repair, testing, or distribution of packages
               or containers for use by any person in the transportation of
               hazardous materials in commerce; or

                    (2)  the transportation or shipment by any person of hazardous
               materials in commerce.

II             (d)  FACILITIES AND DUTIES.  — The Secretary shall —

                    (1)  establish and maintain facilities and technical staff
               sufficient to provide,  within the Federal government, the capa-
               bility of evaluating risks  connected with the transportation of
               hazardous materials and materials alleged to be hazardous;

                    (2)  establish and maintain a central reporting system and
               data center so as to be able to provide the law enforcement and
               fire fighting personnel of  communities, and other interested
               persons and government  officers,  with technical and other infor-
               mation and advice for meeting emergencies connected with the
               transportation of hazardous  materials;  and

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                                        HMTA - 5
                    (3)   conduct a continuing review of all aspects of the
               transportation of hazardous materials in order to determine and to
               be able to recommend appropriate steps to assure the safe trans-
               portation of hazardous materials.

II             (e)  ANNUAL REPORT. — The Secretary shall prepare and submit to
          the President for transmittal to the Congress on or before May 1 of? each
          year a comprehensive report on the transportation of hazardous materials
          during the preceding calendar year.  Such report shall include, but need
          not be limited to —

                    (1)   a thorough statistical compilation of any accidents
               and casualties involving the transportation of hazardous
               materials;...
                      TITLE III — INDEPENDENT SAFETY BOARD

XVII      SEC.  301.

               This  title may be cited as the "Independent Safety Board Act of
          1974".
                      NATIONAL TRANSPORTATION SAFETY BOARD
XVII      SEC.  303.
               (a)  ESTABLISHMENT.  — The National Transportation Safety Board,
          previously established within the Department of Transportation, shall be
          an independent agency of  the United States, in accordance with this
          section, on and after April 1, 1975.

               (b)  ORGANIZATION. —

                    (1)   The Board  shall consist of five members, including a
               Chairman.  Members of the Board shall be appointed by the President,
               by and with the advice and consent of the Senate...
                               GENERAL PROVISIONS


          SEC.  304.

               (a)  DUTIES OF BOARD. — The Board shall —...

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                                        HMTA - 6


 11                 (4)  initiate and conduct special studies and special
               investigations on matters pertaining to safety in transportation
               including human injury avoidance;...

 II                 (8)  evaluate the adequacy of  safeguards and procedures
               concerning the transportation of hazardous materials and the
               performance of other Government agencies charged with assuring
               the safe transportation of such materials;...

               (b)  POWERS OF BOARD. —

                    (1)  The Board, or any designated officer of the Board, may,
               for the purpose of carrying out this title, hold such hearings,
               sit and act at such times and places, administer such oaths, and
               require by subpoena or otherwise the attendance and testimony.
               of such witnesses and the production of such evidence as the Board
 IX            or such officer deems advisable. Subpoenas shall be issued under
               the signature of the Chairman, or his delegate...

 VIII                (2)  Any employee of the Board, upon presenting appropriate
               credentials and a written notice of inspection authority, is
               authorized to enter any property where a transportation accident
               has occurred or wreckage from any such accident is located and do
               all things necessary for a proper investigation. The employee may
               inspect, at reasonable times, records, files, papers, processes,
               controls, and facilities relevant to the investigation of such
               accident.  Each inspection shall be commenced and completed with
               reasonable promptness and the results of such inspection made
               available [to whom is not specified]...

                    (9)  The Board,  or an employee designated by the Chairman,
               may conduct an inquiry to secure data with respect to any matter
 XIII           pertinent to transportation safety, upon publication of notice of
               such inquiry in the Federal Register; and by special or general
               order,  may require Federal, State and local government agencies and
               persons engaged in the transportation of people or property in
               commerce to submit written reports and answers to such requests and
               questions as are propounded with respect to any matter pertinent to
               any function of the Board.   Such reports and answers shall be
               submitted to the Board or to such employee within a reasonable
XIV            period  of time and in the form the Board determines.  Copies shall
               be made available for inspection by the public.
                          PUBLIC ACCESS TO INFORMATION

XIV       SEC.  306.
               (a)   GENERAL.  — Copies of any communication,  document, investi-
          gation,  or other report,  or information received or sent by the Board

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                              HMTA - 7
shall be made available to the public upon identifiable request, and at
reasonable cost, unless such information may not be publicly released
pursuant to subsection (b) below.  Nothing contained in this section
shall be deemed to require the release of any information described by
subsection (b) of section 552 of title 5, United States Code, or which
is otherwise protected by law from disclosure to the public.

     (b)  EXCEPTION. — The Board shall not disclose information
obtained under this title which concerns a trade secret referred to in
section 1905 of title 18, United States Code, except that such infor-
mation may be disclosed in a manner designated to preserve
confidentiality —

          (1)  upon request, to other Federal Government departments and
     agencies for official use;... and

          (4)  to the public in order to protect health and safety, but
     only after notice to any person to whom the information pertains
     and an opportunity to comment in writing, or orally in closed
     session, on such proposed disclosure if the delay for comment would
     not be detrimental to health and safety.

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                      PUBLIC  LAW 458  ~ October  16,  1970

                                   "AN ACT"
                           TITLE II  —  RAILROAD  SAFETY
          SEC.  201.  SHORT TITLE.

               This  title may be  cited  as  the  "Federal Railroad  Safety Act  of
          1970".

          SEC.  202.  RAIL SAFETY REGULATIONS.

II             (a)   The Secretary of  Transportation shall  prescribe  as necessary,
          appropriate rules,  regulations,  orders,  and standards  for  all  areas  of
          railroad  safety supplementing provisions of law  and regulations  in
          effect  on  the date  of enactment  of this  title, and  conduct, as necessary,
          research,  development,  testing,  evaluation, and  training for all  areas
          of railraod safety...
          SEC.  206.  STATE PARTICIPATION.

               (a)   A State may participate in carrying out investigative and
          surveillance activities in connection with any rule,  regulation, order,
          or standard prescribed by the Secretary if the appropriate State agency
          submits to the Secretary an annual certification that such State agency —

                    (1)  has regulatory jurisdiction over the safety practices
               applicable to railroad facilities, equipment, rolling stock, and
               operations within the State concerned;

                    (2)  has been furnished a copy of each Federal safety rule,
               regulation, order, and standard, applicable to any such railroad
               facility, equipment, rolling stock, or operation, established under
               this title as of the date of the certification;

                    (3)  is conducting the investigative and surveillance activities
               prescribed by the Secretary as necessary for the enforcement by him
               of each rule, regulation, order, and standard referred to in
               paragraph (2) above, as interpreted by the Secretary.

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                                       RSA - 2


XI1           (b)  Each annual certification shall include a report, in such form
         as the Secretary may by regulation provide, showing — ...

                   (2)  all accidents or incidents reported by each railroad
              during the preceding twelve months involving personal injury
              requiring hospitalization, fatality, or property damage exceeding
              $750 or such other higher amount as the Secretary may prescribe,
              together with a summary of the State agency's investigation as to
              the cause and circumstances surrounding each such accident or
              incident;

VI                 (3)  the record maintenance, reporting, and inspection
              practices conducted by the State agency to aid the Secretary in his
              enforcement of rules, regulations, orders, and standards prescribed
              by him under section 202(a) of this title, including a detail of
              the number of inspections made by the State agency during the
              preceding twelve months; and

VII                (4)  such other information as the Secretary may require...

V             (e)  The Secretary is authorized to conduct such monitoring of
         State investigative and surveillance practices and such other inspections
VIII     and investigations as may be necessary to aid in the enforcement of the
         provisions of this title.
         SEC.  208.   GENERAL POWERS.

              (a)   In carrying out his functions under this title, the Secretary
         is  authorized to perform such acts including but not limited to,
         conducting investigations,  making reports,  issuing subpoenas, requiring
IX       production of documents,  taking depositions, prescribing record-keeping
         and reporting requirements, carrying out and contracting for research,
VII      development,  testing, evaluation, and training,  and delegating to any
II       public bodies or qualified  persons,  functions respecting examination,
         inspection,  and testing of  railroad facilities,  equipment,  rolling
         stock,  operations,  or persons,  as he deems  necessary to carry out the
VIII     provisions of this title.   The Secretary is further authorized to issue
         orders directing compliance with this Act or with any railroad safety
         rule,  regulation,  or  order  or standard issued under this Act; the
         district courts of the United States shall  have  jurisdiction, upon
         petition of  the Attorney General, to enforce such orders by appropriate
         means.

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XVII
                                        RSA - 3
               (c)   To  carry out the Secretary's responsibilities under  this
          title,  agents of the Secretary are authorized to enter upon, inspect,
          and examine rail facilities,  equipment, rolling stock, operations,  and
          pertinent  records at reasonable times and in a reasonable manner.  Such
          agents  shall  display proper credentials when requested.
          TITLE III — HAZARDOUS  MATERIALS CONTROL


SEC. 301. SHORT TITLE.

     This title may be cited  as  the "Hazardous Materials Transportation
Control Act of 1970".

     [Note:  The "Hazardous Materials Transportation Control
     Act of 1970" was repealed by PUBLIC LAW 93-633 —
     January 3, 1975 included elsewhere in this compendium.]
                                                           ซUA GOVERNMENT PRINTING OFFICE: 1979  620-007/3767 1-3

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