---
kind: "section"
citation: "15 U.S.C. § 2607"
title: "15"
title_heading: "Commerce and Trade"
number: "2607"
heading: "Reporting and retention of information"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2607"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter I — Control of Toxic Substances"
---

# §2607. Reporting and retention of information

- (a) **Reports—**
  - (1) The [Administrator](/usc/15/2602.md?p=1) shall promulgate rules under which—
    - (A) each [person](/usc/15/7a.md?p=6) (other than a small manufacturer or [processor](/usc/15/2602.md?p=14)) who [manufactures](/usc/15/2602.md?p=9) or [processes](/usc/15/2602.md?p=13) or proposes to [manufacture](/usc/15/2602.md?p=9) or [process](/usc/15/2602.md?p=13) a [chemical substance](/usc/15/2602.md?p=2-A) (other than a [chemical substance](/usc/15/2602.md?p=2-A) described in [subparagraph (B)(ii)](#a-1-B-ii)) shall maintain such records, and shall submit to the [Administrator](/usc/15/2602.md?p=1) such reports, as the [Administrator](/usc/15/2602.md?p=1) may reasonably require, and
    - (B) each [person](/usc/15/7a.md?p=6) (other than a small manufacturer or [processor](/usc/15/2602.md?p=14)) who [manufactures](/usc/15/2602.md?p=9) or [processes](/usc/15/2602.md?p=13) or proposes to [manufacture](/usc/15/2602.md?p=9) or [process](/usc/15/2602.md?p=13)—
      - (i) a [mixture](/usc/15/2602.md?p=10), or
      - (ii) a [chemical substance](/usc/15/2602.md?p=2-A) in small quantities (as defined by the [Administrator](/usc/15/2602.md?p=1) by rule) solely for purposes of scientific experimentation or analysis or chemical research on, or analysis of, such substance or another substance, including any such research or analysis for the development of a product,

      shall maintain records and submit to the [Administrator](/usc/15/2602.md?p=1) reports but only to the extent the [Administrator](/usc/15/2602.md?p=1) determines the maintenance of records or submission of reports, or both, is necessary for the effective enforcement of this chapter.

    The [Administrator](/usc/15/2602.md?p=1) may not require in a rule promulgated under this paragraph the maintenance of records or the submission of reports with respect to changes in the proportions of the components of a [mixture](/usc/15/2602.md?p=10) unless the [Administrator](/usc/15/2602.md?p=1) finds that the maintenance of such records or the submission of such reports, or both, is necessary for the effective enforcement of this chapter. For purposes of the compilation of the list of [chemical substances](/usc/15/2602.md?p=2-A) required under [subsection (b)](#b), the [Administrator](/usc/15/2602.md?p=1) shall promulgate rules pursuant to this subsection not later than 180 days after January 1, 1977.

  - (2) The [Administrator](/usc/15/2602.md?p=1) may require under [paragraph (1)](#a-1) maintenance of records and reporting with respect to the following insofar as known to the [person](/usc/15/7a.md?p=6) 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](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) for which such a report is required.
    - (B) The categories or proposed categories of use of each such substance or [mixture](/usc/15/2602.md?p=10).
    - (C) The total amount of each such substance and [mixture](/usc/15/2602.md?p=10) manufactured or processed, reasonable estimates of the total amount to be manufactured or processed, the amount manufactured or processed for each of its categories of use, and reasonable estimates of the amount to be manufactured or processed for each of its categories of use or proposed categories of use.
    - (D) A description of the byproducts resulting from the [manufacture](/usc/15/2602.md?p=9), processing, use, or disposal of each such substance or [mixture](/usc/15/2602.md?p=10).
    - (E) All existing information concerning the environmental and health effects of such substance or [mixture](/usc/15/2602.md?p=10).
    - (F) The number of individuals exposed, and reasonable estimates of the number who will be exposed, to such substance or [mixture](/usc/15/2602.md?p=10) in their places of employment and the duration of such exposure.
    - (G) In the initial report under [paragraph (1)](#a-1) on such substance or [mixture](/usc/15/2602.md?p=10), the manner or method of its disposal, and in any subsequent report on such substance or [mixture](/usc/15/2602.md?p=10), any change in such manner or method.
  - (3)
    - (A)
      - (i) The [Administrator](/usc/15/2602.md?p=1) may by rule require a small manufacturer or [processor](/usc/15/2602.md?p=14) of a [chemical substance](/usc/15/2602.md?p=2-A) to submit to the [Administrator](/usc/15/2602.md?p=1) such information respecting the [chemical substance](/usc/15/2602.md?p=2-A) as the [Administrator](/usc/15/2602.md?p=1) may require for publication of the first list of [chemical substances](/usc/15/2602.md?p=2-A) required by [subsection (b)](#b).
      - (ii) The [Administrator](/usc/15/2602.md?p=1) may by rule require a small manufacturer or [processor](/usc/15/2602.md?p=14) of a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10)—
        - (I) subject to a rule proposed or promulgated under section [2603](/usc/15/2603.md), [2604(b)(4)](/usc/15/2604.md?p=b-4), or [2605](/usc/15/2605.md) of this title,,[^1] an order in effect under section [2603](/usc/15/2603.md) or [2604(e)](/usc/15/2604.md?p=e) of this title, or a consent [agreement](/usc/15/7a.md?p=2) under [section 2603 of this title](/usc/15/2603.md), or
        - (II) with respect to which relief has been granted pursuant to a civil action brought under section [2604](/usc/15/2604.md) or [2606](/usc/15/2606.md) of this title,

        to maintain such records on such substance or [mixture](/usc/15/2602.md?p=10), and to submit to the [Administrator](/usc/15/2602.md?p=1) such reports on such substance or [mixture](/usc/15/2602.md?p=10), as the [Administrator](/usc/15/2602.md?p=1) may reasonably require. A rule under this clause requiring reporting may require reporting with respect to the matters referred to in [paragraph (2)](#a-2).

    - (B) The [Administrator](/usc/15/2602.md?p=1), after consultation with the [Administrator](/usc/15/2602.md?p=1) of the Small Business [Administration](/usc/15/636e.md?p=1), shall by rule prescribe standards for determining the manufacturers and [processors](/usc/15/2602.md?p=14) which qualify as small manufacturers and [processors](/usc/15/2602.md?p=14) for purposes of this paragraph and [paragraph (1)](#a-1).
    - (C) Not later than 180 days after June 22, 2016, and not less frequently than once every 10 years thereafter, the [Administrator](/usc/15/2602.md?p=1), after consultation with the [Administrator](/usc/15/2602.md?p=1) of the Small Business [Administration](/usc/15/636e.md?p=1), shall—
      - (i) review the adequacy of the standards prescribed under [subparagraph (B)](#a-3-B); and
      - (ii) after providing public notice and an opportunity for comment, make a determination as to whether revision of the standards is warranted.
  - (4) **Contents.—** The rules promulgated pursuant to [paragraph (1)](#a-1)—
    - (A) may impose differing reporting and recordkeeping requirements on manufacturers and [processors](/usc/15/2602.md?p=14); and
    - (B) shall include the level of detail necessary to be reported, including the manner by which use and exposure information may be reported.
  - (5) **Administration.—** In carrying out this section, the [Administrator](/usc/15/2602.md?p=1) shall, to the extent feasible—
    - (A) not require reporting which is unnecessary or duplicative;
    - (B) minimize the cost of compliance with this section and the rules issued thereunder on small manufacturers and [processors](/usc/15/2602.md?p=14); and
    - (C) apply any reporting obligations to those [persons](/usc/15/7a.md?p=6) likely to have information relevant to the effective implementation of this subchapter.
  - (6) **Negotiated rulemaking.—**
    - (A) The [Administrator](/usc/15/2602.md?p=1) shall enter into a negotiated rulemaking pursuant to subchapter III of [chapter 5](/usc/5/chptI/ch5.md) of title 5 to develop and publish, not later than 3 years after June 22, 2016, a proposed rule providing for limiting the reporting requirements, under this subsection, for manufacturers of any inorganic byproducts, when such byproducts, whether by the byproduct manufacturer or by any other [person](/usc/15/7a.md?p=6), are subsequently recycled, reused, or reprocessed.
    - (B) Not later than 3 and one-half years after June 22, 2016, the [Administrator](/usc/15/2602.md?p=1) shall publish a final rule resulting from such negotiated rulemaking.
  - (7) **PFAS data.—** Not later than January 1, 2023, the [Administrator](/usc/15/2602.md?p=1) shall promulgate a rule in accordance with this subsection requiring each [person](/usc/15/7a.md?p=6) who has manufactured a [chemical substance](/usc/15/2602.md?p=2-A) that is a perfluoroalkyl or polyfluoroalkyl substance in any year since January 1, 2011, to submit to the [Administrator](/usc/15/2602.md?p=1) a report that includes, for each year since January 1, 2011, the information described in subparagraphs [(A)](#a-2-A) through [(G)](#a-2-G) of paragraph (2).
- (b) **Inventory—**
  - (1) The [Administrator](/usc/15/2602.md?p=1) shall compile, keep current, and publish a list of each [chemical substance](/usc/15/2602.md?p=2-A) which is manufactured or processed in the [United States](/usc/15/2602.md?p=17). Such list shall at least include each [chemical substance](/usc/15/2602.md?p=2-A) which any [person](/usc/15/7a.md?p=6) reports, under [section 2604 of this title](/usc/15/2604.md) or [subsection (a)](#a) of this section, is manufactured or processed in the [United States](/usc/15/2602.md?p=17). Such list may not include any [chemical substance](/usc/15/2602.md?p=2-A) which was not manufactured or processed in the [United States](/usc/15/2602.md?p=17) within three years before the effective date of the rules promulgated pursuant to the last sentence of [subsection (a)(1)](#a-1). In the case of a [chemical substance](/usc/15/2602.md?p=2-A) for which a notice is submitted in accordance with [section 2604 of this title](/usc/15/2604.md), such [chemical substance](/usc/15/2602.md?p=2-A) shall be included in such list as of the earliest date (as determined by the [Administrator](/usc/15/2602.md?p=1)) on which such substance was manufactured or processed in the [United States](/usc/15/2602.md?p=17). The [Administrator](/usc/15/2602.md?p=1) shall first publish such a list not later than 315 days after January 1, 1977. The [Administrator](/usc/15/2602.md?p=1) shall not include in such list any [chemical substance](/usc/15/2602.md?p=2-A) which is manufactured or processed only in small quantities (as defined by the [Administrator](/usc/15/2602.md?p=1) by rule) solely for purposes of scientific experimentation or analysis or chemical research on, or analysis of, such substance or another substance, including such research or analysis for the development of a product.
  - (2) To the extent consistent with the purposes of this chapter, the [Administrator](/usc/15/2602.md?p=1) may, in lieu of listing, pursuant to [paragraph (1)](#b-1), a [chemical substance](/usc/15/2602.md?p=2-A) individually, list a category of [chemical substances](/usc/15/2602.md?p=2-A) in which such substance is included.
  - (3) **Nomenclature.—**
    - (A) **In general.—** In carrying out [paragraph (1)](#b-1), the [Administrator](/usc/15/2602.md?p=1) shall—
      - (i) maintain the use of Class 2 nomenclature in use on June 22, 2016;
      - (ii) maintain the use of the Soap and Detergent Association Nomenclature System, published in March 1978 by the [Administrator](/usc/15/2602.md?p=1) in [section 1](/usc/15/1.md) of addendum III of the document entitled “Candidate List of [Chemical Substances](/usc/15/2602.md?p=2-A)”, and further described in the appendix A of volume I of the 1985 edition of the Toxic Substances Control Act Substances Inventory (EPA Document No. EPA–560/7–85–002a); and
      - (iii) treat the individual members of the categories of [chemical substances](/usc/15/2602.md?p=2-A) identified by the [Administrator](/usc/15/2602.md?p=1) as statutory [mixtures](/usc/15/2602.md?p=10), as defined in Inventory descriptions established by the [Administrator](/usc/15/2602.md?p=1), as being included on the list established under [paragraph (1)](#b-1).
    - (B) **Multiple nomenclature listings.—** If a manufacturer or [processor](/usc/15/2602.md?p=14) demonstrates to the [Administrator](/usc/15/2602.md?p=1) that a [chemical substance](/usc/15/2602.md?p=2-A) appears multiple times on the list published under [paragraph (1)](#b-1) under different CAS numbers, the [Administrator](/usc/15/2602.md?p=1) may recognize the multiple listings as a single [chemical substance](/usc/15/2602.md?p=2-A).
  - (4) **Chemical substances in commerce.—**
    - (A) **Rules.—**
      - (i) **In general.—** Not later than 1 year after June 22, 2016, the [Administrator](/usc/15/2602.md?p=1), by rule, shall require manufacturers, and may require [processors](/usc/15/2602.md?p=14), subject to the limitations under [subsection (a)(5)(A)](#a-5-A), to notify the [Administrator](/usc/15/2602.md?p=1), by not later than 180 days after the date on which the final rule is published in the Federal Register, of each [chemical substance](/usc/15/2602.md?p=2-A) on the list published under [paragraph (1)](#b-1) that the manufacturer or [processor](/usc/15/2602.md?p=14), as applicable, has manufactured or processed for a nonexempt commercial purpose during the 10-year period ending on the day before June 22, 2016.
      - (ii) **Active substances.—** The [Administrator](/usc/15/2602.md?p=1) shall designate [chemical substances](/usc/15/2602.md?p=2-A) for which notices are received under [clause (i)](#b-4-A-i) to be active substances on the list published under [paragraph (1)](#b-1).
      - (iii) **Inactive substances.—** The [Administrator](/usc/15/2602.md?p=1) shall designate [chemical substances](/usc/15/2602.md?p=2-A) for which no notices are received under [clause (i)](#b-4-A-i) to be inactive substances on the list published under [paragraph (1)](#b-1).
      - (iv) **Limitation.—** No [chemical substance](/usc/15/2602.md?p=2-A) on the list published under [paragraph (1)](#b-1) shall be removed from such list by reason of the implementation of this subparagraph, or be subject to [section 2604(a)(1)(A)(i) of this title](/usc/15/2604.md?p=a-1-A-i) by reason of a change to active status under [paragraph (5)(B)](#b-5-B).
    - (B) **Confidential chemical substances.—** In promulgating a rule under [subparagraph (A)](#b-4-A), the [Administrator](/usc/15/2602.md?p=1) shall—
      - (i) maintain the list under [paragraph (1)](#b-1), which shall include a confidential portion and a nonconfidential portion consistent with this section and [section 2613 of this title](/usc/15/2613.md);
      - (ii) require any manufacturer or [processor](/usc/15/2602.md?p=14) of a [chemical substance](/usc/15/2602.md?p=2-A) on the confidential portion of the list published under [paragraph (1)](#b-1) that seeks to maintain an existing claim for protection against disclosure of the specific chemical identity of the [chemical substance](/usc/15/2602.md?p=2-A) as confidential pursuant to [section 2613 of this title](/usc/15/2613.md) to submit a notice under [subparagraph (A)](#b-4-A) that includes such request;
      - (iii) require the substantiation of those claims pursuant to [section 2613 of this title](/usc/15/2613.md) and in accordance with the review plan described in [subparagraph (C)](#b-4-C); and
      - (iv) move any active [chemical substance](/usc/15/2602.md?p=2-A) for which no request was received to maintain an existing claim for protection against disclosure of the specific chemical identity of the [chemical substance](/usc/15/2602.md?p=2-A) as confidential from the confidential portion of the list published under [paragraph (1)](#b-1) to the nonconfidential portion of that list.
    - (C) **Review plan.—** Not later than 1 year after the date on which the [Administrator](/usc/15/2602.md?p=1) compiles the initial list of active substances pursuant to [subparagraph (A)](#b-4-A), the [Administrator](/usc/15/2602.md?p=1) shall promulgate a rule that establishes a plan to review all claims to protect the specific chemical identities of [chemical substances](/usc/15/2602.md?p=2-A) on the confidential portion of the list published under [paragraph (1)](#b-1) that are asserted pursuant to [subparagraph (B)](#b-4-B).
    - (D) **Requirements of review plan.—** In establishing the review plan under [subparagraph (C)](#b-4-C), the [Administrator](/usc/15/2602.md?p=1) shall—
      - (i) require, at a time specified by the [Administrator](/usc/15/2602.md?p=1), all manufacturers or [processors](/usc/15/2602.md?p=14) asserting claims under [subparagraph (B)](#b-4-B) to substantiate the claim, in accordance with [section 2613 of this title](/usc/15/2613.md), unless the manufacturer or [processor](/usc/15/2602.md?p=14) has substantiated the claim in a submission made to the [Administrator](/usc/15/2602.md?p=1) during the 5-year period ending on the last day of the of the time period specified by the [Administrator](/usc/15/2602.md?p=1); and
      - (ii) in accordance with [section 2613 of this title](/usc/15/2613.md)—
        - (I) review each substantiation—
          - (aa) submitted pursuant to [clause (i)](#b-4-D-i) to determine if the claim qualifies for protection from disclosure; and
          - (bb) submitted previously by a manufacturer or [processor](/usc/15/2602.md?p=14) and relied on in lieu of the substantiation required pursuant to [clause (i)](#b-4-D-i), if the substantiation has not been previously reviewed by the [Administrator](/usc/15/2602.md?p=1), to determine if the claim warrants protection from disclosure;
        - (II) approve, approve in part and deny in part, or deny each claim; and
        - (III) except as provided in this section and [section 2613 of this title](/usc/15/2613.md), protect from disclosure information for which the [Administrator](/usc/15/2602.md?p=1) approves such a claim for a period of 10 years, unless, prior to the expiration of the period—
          - (aa) the [person](/usc/15/7a.md?p=6) notifies the [Administrator](/usc/15/2602.md?p=1) that the [person](/usc/15/7a.md?p=6) is withdrawing the claim, in which case the [Administrator](/usc/15/2602.md?p=1) shall not protect the information from disclosure; or
          - (bb) the [Administrator](/usc/15/2602.md?p=1) otherwise becomes aware that the information does not qualify for protection from disclosure, in which case the [Administrator](/usc/15/2602.md?p=1) shall take the actions described in [section 2613(g)(2) of this title](/usc/15/2613.md?p=g-2).
    - (E) **Timeline for completion of reviews.—**
      - (i) **In general.—** The [Administrator](/usc/15/2602.md?p=1) shall implement the review plan so as to complete reviews of all claims specified in [subparagraph (C)](#b-4-C) not later than 5 years after the date on which the [Administrator](/usc/15/2602.md?p=1) compiles the initial list of active substances pursuant to [subparagraph (A)](#b-4-A).
      - (ii) **Considerations.—**
        - (I) **In general.—** The [Administrator](/usc/15/2602.md?p=1) may extend the deadline for completion of the reviews for not more than 2 additional years, after an adequate public justification, if the [Administrator](/usc/15/2602.md?p=1) determines that the extension is necessary based on the number of claims needing review and the available resources.
        - (II) **Annual review goal and results.—** At the beginning of each year, the [Administrator](/usc/15/2602.md?p=1) shall publish an annual goal for reviews and the number of reviews completed in the prior year.
  - (5) **Active and inactive substances.—**
    - (A) **In general.—** The [Administrator](/usc/15/2602.md?p=1) shall keep designations of active substances and inactive substances on the list published under [paragraph (1)](#b-1) current.
    - (B) **Change to active status.—**
      - (i) **In general.—** Any [person](/usc/15/7a.md?p=6) that intends to [manufacture](/usc/15/2602.md?p=9) or [process](/usc/15/2602.md?p=13) for a nonexempt commercial purpose a [chemical substance](/usc/15/2602.md?p=2-A) that is designated as an inactive substance shall notify the [Administrator](/usc/15/2602.md?p=1) before the date on which the inactive substance is manufactured or processed.
      - (ii) **Confidential chemical identity.—** If a [person](/usc/15/7a.md?p=6) submitting a notice under [clause (i)](#b-5-B-i) for an inactive substance on the confidential portion of the list published under [paragraph (1)](#b-1) seeks to maintain an existing claim for protection against disclosure of the specific chemical identity of the inactive substance as confidential, the [person](/usc/15/7a.md?p=6) shall, consistent with the requirements of [section 2613 of this title](/usc/15/2613.md)—
        - (I) in the notice submitted under [clause (i)](#b-5-B-i), assert the claim; and
        - (II) by not later than 30 days after providing the notice under [clause (i)](#b-5-B-i), substantiate the claim.
      - (iii) **Active status.—** On receiving a notification under [clause (i)](#b-5-B-i), the [Administrator](/usc/15/2602.md?p=1) shall—
        - (I) designate the applicable [chemical substance](/usc/15/2602.md?p=2-A) as an active substance;
        - (II) pursuant to [section 2613 of this title](/usc/15/2613.md), promptly review any claim and associated substantiation submitted pursuant to [clause (ii)](#b-5-B-ii) for protection against disclosure of the specific chemical identity of the [chemical substance](/usc/15/2602.md?p=2-A) and approve, approve in part and deny in part, or deny the claim;
        - (III) except as provided in this section and [section 2613 of this title](/usc/15/2613.md), protect from disclosure the specific chemical identity of the [chemical substance](/usc/15/2602.md?p=2-A) for which the [Administrator](/usc/15/2602.md?p=1) approves a claim under [subclause (II)](#b-5-B-iii-II) for a period of 10 years, unless, prior to the expiration of the period—
          - (aa) the [person](/usc/15/7a.md?p=6) notifies the [Administrator](/usc/15/2602.md?p=1) that the [person](/usc/15/7a.md?p=6) is withdrawing the claim, in which case the [Administrator](/usc/15/2602.md?p=1) shall not protect the information from disclosure; or
          - (bb) the [Administrator](/usc/15/2602.md?p=1) otherwise becomes aware that the information does not qualify for protection from disclosure, in which case the [Administrator](/usc/15/2602.md?p=1) shall take the actions described in [section 2613(g)(2) of this title](/usc/15/2613.md?p=g-2); and
        - (IV) pursuant to [section 2605(b) of this title](/usc/15/2605.md?p=b), review the priority of the [chemical substance](/usc/15/2602.md?p=2-A) as the [Administrator](/usc/15/2602.md?p=1) determines to be necessary.
    - (C) **Category status.—** The list of inactive substances shall not be considered to be a category for purposes of [section 2625(c) of this title](/usc/15/2625.md?p=c).
  - (6) **Interim list of active substances.—** Prior to the promulgation of the rule required under [paragraph (4)(A)](#b-4-A), the [Administrator](/usc/15/2602.md?p=1) shall designate the [chemical substances](/usc/15/2602.md?p=2-A) reported under part 711 of title 40, Code of Federal Regulations (as in effect on June 22, 2016), during the reporting period that most closely preceded June 22, 2016, as the interim list of active substances for the purposes of [section 2605(b) of this title](/usc/15/2605.md?p=b).
  - (7) **Public information.—** Subject to this subsection and [section 2613 of this title](/usc/15/2613.md), the [Administrator](/usc/15/2602.md?p=1) shall make available to the public—
    - (A) each specific chemical identity on the nonconfidential portion of the list published under [paragraph (1)](#b-1) along with the [Administrator](/usc/15/2602.md?p=1)’s designation of the [chemical substance](/usc/15/2602.md?p=2-A) as an active or inactive substance;
    - (B) the unique identifier assigned under [section 2613 of this title](/usc/15/2613.md), accession number, generic name, and, if applicable, premanufacture notice case number for each [chemical substance](/usc/15/2602.md?p=2-A) on the confidential portion of the list published under [paragraph (1)](#b-1) for which a claim of confidentiality was received; and
    - (C) the specific chemical identity of any active substance for which—
      - (i) a claim for protection against disclosure of the specific chemical identity of the active substance was not asserted, as required under this subsection or [section 2613 of this title](/usc/15/2613.md);
      - (ii) all claims for protection against disclosure of the specific chemical identity of the active substance have been denied by the [Administrator](/usc/15/2602.md?p=1); or
      - (iii) the time period for protection against disclosure of the specific chemical identity of the active substance has expired.
  - (8) **Limitation.—** No [person](/usc/15/7a.md?p=6) may assert a new claim under this subsection or [section 2613 of this title](/usc/15/2613.md) for protection from disclosure of a specific chemical identity of any active or inactive substance for which a notice is received under paragraph [(4)(A)(i)](#b-4-A-i) or [(5)(B)(i)](#b-5-B-i) that is not on the confidential portion of the list published under [paragraph (1)](#b-1).
  - (9) **Certification.—** Under the rules promulgated under this subsection, manufacturers and [processors](/usc/15/2602.md?p=14), as applicable, shall be required—
    - (A) to certify that each notice or substantiation the manufacturer or [processor](/usc/15/2602.md?p=14) submits complies with the requirements of the rule, and that any confidentiality claims are true and correct; and
    - (B) to retain a record documenting compliance with the rule and supporting confidentiality claims for a period of 5 years beginning on the last day of the submission period.
  - (10) **Mercury.—**
    - (A) **Definition of mercury.—** In this paragraph, notwithstanding [section 2602(2)(B) of this title](/usc/15/2602.md?p=2-B), the term “mercury” means—
      - (i) elemental mercury; and
      - (ii) a mercury compound.
    - (B) **Publication.—** Not later than April 1, 2017, and every 3 years thereafter, the [Administrator](/usc/15/2602.md?p=1) shall carry out and publish in the Federal Register an inventory of mercury supply, use, and trade in the [United States](/usc/15/2602.md?p=17).
    - (C) **Process.—** In carrying out the inventory under [subparagraph (B)](#b-10-B), the [Administrator](/usc/15/2602.md?p=1) shall—
      - (i) identify any manufacturing [processes](/usc/15/2602.md?p=13) or products that intentionally add mercury; and
      - (ii) recommend actions, including proposed revisions of Federal law or regulations, to achieve further reductions in mercury use.
    - (D) **Reporting.—**
      - (i) **In general.—** To assist in the preparation of the inventory under [subparagraph (B)](#b-10-B), any [person](/usc/15/7a.md?p=6) who [manufactures](/usc/15/2602.md?p=9) mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing [process](/usc/15/2602.md?p=13) shall make periodic reports to the [Administrator](/usc/15/2602.md?p=1), at such time and including such information as the [Administrator](/usc/15/2602.md?p=1) shall determine by rule promulgated not later than 2 years after June 22, 2016.
      - (ii) **Coordination.—** To avoid duplication, the [Administrator](/usc/15/2602.md?p=1) shall coordinate the reporting under this subparagraph with the Interstate Mercury Education and Reduction Clearinghouse.
      - (iii) **Exemption.—** [Clause (i)](#b-10-D-i) shall not apply to a [person](/usc/15/7a.md?p=6) engaged in the generation, handling, or management of mercury-containing waste, unless that [person](/usc/15/7a.md?p=6) [manufactures](/usc/15/2602.md?p=9) or recovers mercury in the management of that waste.
- (c) **Records—** Any [person](/usc/15/7a.md?p=6) who [manufactures](/usc/15/2602.md?p=9), [processes](/usc/15/2602.md?p=13), or distributes in [commerce](/usc/15/2602.md?p=3) any [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) shall maintain records of significant adverse reactions to health or the [environment](/usc/15/2602.md?p=6), as determined by the [Administrator](/usc/15/2602.md?p=1) by rule, alleged to have been caused by the substance or [mixture](/usc/15/2602.md?p=10). 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](/usc/15/7a.md?p=6) maintaining such records. Any other record of such adverse reactions shall be retained for a period of five years from the date the information contained in the record was first reported to or known by the [person](/usc/15/7a.md?p=6) maintaining the record. Records required to be maintained under this subsection shall include records of consumer allegations of personal injury or harm to health, reports of occupational disease or injury, and reports or complaints of injury to the [environment](/usc/15/2602.md?p=6) submitted to the manufacturer, [processor](/usc/15/2602.md?p=14), or distributor in [commerce](/usc/15/2602.md?p=3) from any source. Upon request of any duly designated representative of the [Administrator](/usc/15/2602.md?p=1), each [person](/usc/15/7a.md?p=6) who is required to maintain records under this subsection shall permit the inspection of such records and shall submit copies of such records.
- (d) **Health and safety studies—** The [Administrator](/usc/15/2602.md?p=1) shall promulgate rules under which the [Administrator](/usc/15/2602.md?p=1) shall require any [person](/usc/15/7a.md?p=6) who [manufactures](/usc/15/2602.md?p=9), [processes](/usc/15/2602.md?p=13), or distributes in [commerce](/usc/15/2602.md?p=3) or who proposes to [manufacture](/usc/15/2602.md?p=9), [process](/usc/15/2602.md?p=13), or [distribute in commerce](/usc/15/2602.md?p=5) any [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) (or with respect to [paragraph (2)](#d-2), any [person](/usc/15/7a.md?p=6) who has possession of a study) to submit to the [Administrator](/usc/15/2602.md?p=1)—
  - (1) lists of [health and safety studies](/usc/15/2602.md?p=8) (A) conducted or initiated by or for such [person](/usc/15/7a.md?p=6) with respect to such substance or [mixture](/usc/15/2602.md?p=10) at any time, (B) known to such [person](/usc/15/7a.md?p=6), or (C) reasonably ascertainable by such [person](/usc/15/7a.md?p=6), except that the [Administrator](/usc/15/2602.md?p=1) may exclude certain types or categories of studies from the requirements of this subsection if the [Administrator](/usc/15/2602.md?p=1) finds that submission of lists of such studies are unnecessary to carry out the purposes of this chapter; and
  - (2) copies of any study contained on a list submitted pursuant to [paragraph (1)](#d-1) or otherwise known by such [person](/usc/15/7a.md?p=6).
- (e) **Notice to Administrator of substantial risks—** Any [person](/usc/15/7a.md?p=6) who [manufactures](/usc/15/2602.md?p=9), [processes](/usc/15/2602.md?p=13), or distributes in [commerce](/usc/15/2602.md?p=3) a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) and who obtains information which reasonably supports the conclusion that such substance or [mixture](/usc/15/2602.md?p=10) presents a substantial risk of injury to health or the [environment](/usc/15/2602.md?p=6) shall immediately inform the [Administrator](/usc/15/2602.md?p=1) of such information unless such [person](/usc/15/7a.md?p=6) has actual knowledge that the [Administrator](/usc/15/2602.md?p=1) has been adequately informed of such information.
- (f) **“Manufacture” and “process” defined—** For purposes of this section, the terms “[manufacture](/usc/15/2602.md?p=9)” and “[process](/usc/15/2602.md?p=13)” mean [manufacture](/usc/15/2602.md?p=9) or [process](/usc/15/2602.md?p=13) for commercial purposes.

## Footnotes

[^1]: So in original.

## Source credit

(Pub. L. 94–469, title I, § 8, Oct. 11, 1976, 90 Stat. 2027; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, §§ 8, 19(g), June 22, 2016, 130 Stat. 470, 507; Pub. L. 116–92, div. F, title LXXIII, § 7351, Dec. 20, 2019, 133 Stat. 2289.)

## Notes

### Editorial Notes

### Amendments

2019—Subsec. (a)(7). Pub. L. 116–92 added par. (7).

2016—Subsec. (a)(2). Pub. L. 114–182, § 8(a)(1)(A), struck out concluding provisions which read as follows: “To the extent feasible, the Administrator shall not require under paragraph (1), any reporting which is unnecessary or duplicative.”

Subsec. (a)(2)(E). Pub. L. 114–182, § 19(g)(1), substituted “information” for “data”.

Subsec. (a)(3)(A)(ii)(I). Pub. L. 114–182, § 19(g)(2), substituted “, an order in effect under section 2603 or 2604(e) of this title, or a consent agreement under section 2603 of this title” for “or an order in effect under section 2604(e) of this title”.

Subsec. (a)(3)(C). Pub. L. 114–182, § 8(a)(1)(B), added subpar. (C).

Subsec. (a)(4) to (6). Pub. L. 114–182, § 8(a)(1)(C), added pars. (4) to (6).

Subsec. (b)(3) to (9). Pub. L. 114–182, § 8(a)(2), added pars. (3) to (9).

Subsec. (b)(10). Pub. L. 114–182, § 8(b), added par. (10).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

### Asbestos Information

Pub. L. 100–577, Oct. 31, 1988, 102 Stat. 2901, provided that: SHORT TITLE.

“This Act may be cited as the ‘Asbestos Information Act of 1988’.

SUBMISSION OF INFORMATION BY MANUFACTURERS.

“Within 90 days after the date of the enactment of this Act [Oct. 31, 1988], any person who manufactured or processed, before the date of the enactment of this Act, asbestos or asbestos-containing material that was prepared for sale for use as surfacing material, thermal system insulation, or miscellaneous material in buildings (or whose corporate predecessor manufactured or processed such asbestos or material) shall submit to the Administrator of the Environmental Protection Agency the years of manufacture, the types or classes of product, and, to the extent available, other identifying characteristics reasonably necessary to identify or distinguish the asbestos or asbestos-containing material. Such person also may submit to the Administrator protocols for samples of asbestos and asbestos-containing material.

PUBLICATION OF INFORMATION.“Within 30 days after the date of the enactment of this Act [Oct. 31, 1988], the Administrator shall publish a notice in the Federal Register that explains how, when, and where the information specified in section 2 is to be submitted. The Administrator shall receive and organize the information submitted under section 2 and, within 180 days after the date of the enactment of this Act, shall publish the information. In carrying out this section, the Administrator may not— review the information submitted under section 2 for accuracy, or analyze such information to determine whether it is reasonably necessary to identify or distinguish the particular asbestos or asbestos-containing material. DEFINITIONS.“In this Act: The term ‘asbestos’ means— chrysotile, amosite, or crocidolite, or in fibrous form, tremolite, anthophyllite, or actinolite. The term ‘asbestos-containing material’ means any material containing more than one percent asbestos by weight. The term ‘identifying characteristics’ means a description of asbestos or asbestos-containing material, including— the mineral or chemical constituents (or both) of the asbestos or material by weight or volume (or both), the types or classes of the product in which the asbestos or material is contained, the designs, patterns, or textures of the product in which the asbestos or material is contained, and the means by which the product in which the asbestos or material is contained may be distinguishable from other products containing asbestos or asbestos-containing material. The term ‘miscellaneous material’ means building material on structural components, structural members, or fixtures, such as floor and ceiling tiles. The term does not include surfacing material or thermal system insulation. The term ‘protocol’ means any procedure for taking, handling, and preserving samples of asbestos and asbestos-containing material and for testing and analyzing such samples for the purpose of determining the person who manufactured or processed for sale such samples and the identifying characteristics of such samples. The term ‘surfacing material’ means material in a building that is sprayed on surfaces, troweled on surfaces, or otherwise applied to surfaces for acoustical, fireproofing, or other purposes, such as acoustical plaster on ceilings and fireproofing material on structural members. The term ‘thermal system insulation’ means material in a building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other structural components to prevent heat loss or gain or water condensation, or for other purposes.”