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1 ministrator as to the facts shall be sustained if based upon 2 substantial evidence on the record considered as a whole. 3 "(4) The judgment of the court affirming or setting 4 aside, in whole or in part, any such order of the Administra5 tor shall be final, subject to review by the Supreme Court 6 of the United States upon certiorari or certification as pro7 vided in section 1254 of title 28 of the United States Code.

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"IMMINENT HAZARD

"SEC. 204. (a) An imminent hazard shall be consid10 ered to exist when the evidence is sufficient to show that a

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use or distribution of a chemical substance creates a hazard 12 to human health or the environment (1) that should be 13 corrected immediately to prevent injury to health and (2) 14 that should not be permitted to continue while an adminis15 trative hearing or other formal proceeding is being held. "(b) If the Administrator has reason to believe that 17 an imminent hazard exists he may request the Attorney 18 General to petition an appropriate district court of the 19 United States to restrain the uses or distribution of the chemi20 cal substance responsible for the hazard. Upon the filing of

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any such petition the district court shall have jurisdiction to grant such injunctive relief or temporary restraining order

pending the outcome of proceedings pursuant to section 203 24 of this Act. Such proceedings shall be initiated contem

71-179 O 72 pt. 1 - 2

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1 poraneously with the request of the Administrator to take 2 action under this subsection. Such proceedings shall be

3 deemed to be initiated when he has referred the matter to

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a committee under section 208 (c).

5 "(c) The initiation of any proceedings or actions under 6 section 203 shall not prevent the Administrator from initiat7 ing action under this section if he has reason to believe that an imminent hazard exists.

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"TESTING

"SEC. 205. As soon as practicable after enactment of 11 the title and from time to time thereafter, the Administra12 tor shall, after referral to the Toxic Substances Board, for 13 various classes and uses of chemical substances, prescribe by 14 regulation standards for test protocols, and for the results to 15 be achieved therefrom, as are necessary to protect health 16 and the environment. He shall afford opportunity for submis17 sion of written comments, and upon request of any affected 18 person, a public hearing with respect to any such proposed 19 regulation, and such regulation shall be based upon sub20 stantial evidence of record in such proceeding. He may sup21 plement, modify, or withdraw any such regulation in the same manner. Regulations promulgated pursuant to this 23 section shall be applicable only to chemical substances which 24 are first produced in commercial quantities after the effec25 tive date of such regulations. The promulgation of regula

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1 tions as to a particular chemical substance under this section

2 shall not preclude action with respect to such substance 3 under section 203.

5 "SEC. 206. (a) The Administrator may by regulation 6 require any or all manufacturers of chemical substances 7 to report to him annually or such more frequent times as 8 the Administrator may reasonably require as to any or all 9 of the following:

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"(1) The names of any or all substances produced by the manufacturer;

"(2) The chemical identity and molecular structure of such substances;

"(3) The categories of use of each such substance, insofar as they are known to him;

"(4) Reasonable estimates of the amounts of each substance produced for each such category of use; and "(5) A description of the byproducts, if any, resulting from the production of such substance, and,

insofar as they are known to him, from the use thereof. "(b) Whenever the Administrator determines that such 22 action is necessary to accomplish the purposes of this title, 23 he may direct manufacturers of a chemical substance to pro24 vide, within a specified period of time not to be less than thirty days, the results of any tests of the health or environ

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1 mental effects of the substance or its byproducts, which have 2 been performed by or at the instance of the manufacturer

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or such results as are otherwise known to him, and any or

4 all of the items of information listed in subsection (a).

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"(c) Whenever the Administrator determines that 6 such action would be productive and desirable to allow him 7 to carry out his responsibilities and authorities under this 8 title, he may by publishing a notice in the Federal Register 9 invite and afford all interested persons an opportunity to 10 provide in writing information respecting the health or en11 vironmental effects of the substance or its byproducts.

RELATIONSHIP TO OTHER LAWS

"SEC. 207. (a) This title shall not apply to

"(1) economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, and chemical substances used solely in such poisons: Provided, That if a chemical substance which constitutes such a poison or such an ingredient is or may be used for any purpose which is not regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, this title shall apply to such other

uses.

"(2) foods, food additives, drugs, and cosmetics subject to the Federal Food, Drug, and Cosmetic Act,

as amended, the Federal Meat Inspection Act, and the

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1 Poultry Products Inspection Act, and chemical sub

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stances used solely therein, and controlled substances

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regulated pursuant to the Comprehensive Drug Abuse Prevention and Control Act of 1970: Provided, That

if such an item or substance is or may be used for any

purpose which is not regulated by such acts this title shall apply to such other uses;

(3) any source material, special nuclear material,

or byproduct material as defined in the Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the Atomic Energy Commission;

"(4) the authority of the Secretary of the Depart

ment of Transportation to establish rules and regulations for the transportation of hazardous materials. "(b) To the extent that such activities are subject to 16 regulation by other Federal laws, including the Occupational 17 Health and Safety Act of 1970 and title I of this Act, the 18 Administrator shall not regulate the use or distribution of 19 a new or existing chemical substance on the basis of any 20 possible hazard to employees in their place of employment,

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or the hazard directly to consumers resulting from house22 hold use of marketed products which contain or might con23 tain the substance. If it appears to the Administrator that

any

such substance may pose a hazard when transported,

or when used on or in food or as a drug or cosmetic, or may

S. 14783