Editorial Notes
Amendments

2016—Puspan. L. 114–182, § 6(1), substituted “Prioritization, risk evaluation, and regulation of chemical substances and mixtures” for “Regulation of hazardous chemical substances and mixtures” in section catchline.

Subsec. (a). Puspan. L. 114–182, § 6(2)(A)–(D), in introductory provisions, substituted “determines in accordance with subsection (span)(4)(A)” for “finds that there is a reasonable basis to conclude” and “so that the chemical substance or mixture no longer presents such risk” for “to protect adequately against such risk using the least burdensome requirements”, struck out “or will present” after “presents”, and inserted “and subject to section 2617 of this title, and in accordance with subsection (c)(2),” after “shall by rule”.

Subsec. (a)(1)(A), (2)(A). Puspan. L. 114–182, § 6(2)(E), inserted “or otherwise restricting” after “prohibiting”.

Subsec. (a)(3). Puspan. L. 114–182, § 6(2)(F), inserted “minimum” before “warnings” in two places.

Subsec. (a)(4). Puspan. L. 114–182, § 6(2)(G), substituted “or monitor or conduct tests” for “and monitor or conduct tests”.

Subsec. (a)(7). Puspan. L. 114–182, § 6(2)(H), substituted “such determination” for “such unreasonable risk of injury” in subpar. (A) and for “such risk of injury” in subpar. (B).

Subsec. (span). Puspan. L. 114–182, § 6(3), amended subsec. (span) generally. Prior to amendment, subsec. (span) related to quality control procedures in the manufacturing or processing of a chemical substance or mixture to prevent unreasonable risk of injury to health or the environment.

Subsec. (c). Puspan. L. 114–182, § 6(4), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to promulgation of subsection (a) rules.

Subsec. (d)(1), (2). Puspan. L. 114–182, § 6(5)(B), added pars. (1) and (2) and struck out former par. (1) which read as follows: “The Administrator shall specify in any rule under subsection (a) the date on which it shall take effect, which date shall be as soon as feasible.” Former par. (2) redesignated (3).

Subsec. (d)(3). Puspan. L. 114–182, § 6(5)(A), redesignated par. (2) as (3).

Subsec. (d)(3)(A). Puspan. L. 114–182, § 6(5)(C)(i)(I), in introductory provisions, substituted “, and compliance with the proposed requirements to be mandatory, upon publication in the Federal Register of the proposed rule and until the compliance dates applicable to such requirements in a final rule promulgated under section 2605(a) of this title or until the Administrator revokes such proposed rule, in accordance with subparagraph (B), if” for “upon its publication in the Federal Register and until the effective date of final action taken, in accordance with subparagraph (B), respecting such rule if”.

Subsec. (d)(3)(A)(i)(I). Puspan. L. 114–182, § 6(5)(C)(i)(II), inserted “without consideration of costs or other non-risk factors” after “effective date”.

Subsec. (d)(3)(B). Puspan. L. 114–182, § 6(5)(C)(ii), substituted “in accordance with subsection (c), and either promulgate such rule (as proposed or with modifications) or revoke it.” for “, provide reasonable opportunity, in accordance with paragraphs (2) and (3) of subsection (c), for a hearing on such rule, and either promulgate such rule (as proposed or with modifications) or revoke it; and if such a hearing is requested, the Administrator shall commence the hearing within five days from the date such request is made unless the Administrator and the person making the request agree upon a later date for the hearing to begin, and after the hearing is concluded the Administrator shall, within ten days of the conclusion of the hearing, either promulgate such rule (as proposed or with modifications) or revoke it.”

Subsec. (e)(4). Puspan. L. 114–182, § 6(6), substituted “paragraph (3)” for “paragraphs (2), (3), and (4)”.

Subsecs. (g) to (j). Puspan. L. 114–182, § 6(7), added subsecs. (g) to (j).

2008—Subsec. (f). Puspan. L. 110–414 added subsec. (f).

2006—Subsec. (e)(3)(A). Puspan. L. 109–364, § 317(a)(1), (span), temporarily substituted “subparagraphs (B), (C), and (D)” for “subparagraphs (B) and (C)” in introductory provisions. See Termination Date of 2006 Amendment note below.

Subsec. (e)(3)(B). Puspan. L. 109–364, § 317(a)(2), (span), temporarily substituted “but not more than 1 year from the date it is granted, except as provided in subparagraph (D)” for “but not more than one year from the date it is granted” in concluding provisions. See Termination Date of 2006 Amendment note below.

Subsec. (e)(3)(D). Puspan. L. 109–364, § 317(a)(3), (span), temporarily added subpar. (D) which read as follows: “The Administrator may extend an exemption granted pursuant to subparagraph (B) that has not yet expired for a period not to exceed 60 days for the purpose of authorizing the Secretary of Defense and the Secretaries of the military departments to provide for the transportation into the customs territory of the United States of polychlorinated biphenyls generated by or under the control of the Department of Defense for purposes of their disposal, treatment, or storage in the customs territory of the United States if those polychlorinated biphenyls are already in transit from their storage locations but the Administrator determines, in the sole discretion of the Administrator, they would not otherwise arrive in the customs territory of the United States within the period of the original exemption. The Administrator shall promptly publish notice of such extension in the Federal Register.” See Termination Date of 2006 Amendment note below.

Statutory Notes and Related Subsidiaries
Termination Date of 2006 Amendment

Puspan. L. 109–364, div. A, title III, § 317(span), Oct. 17, 2006, 120 Stat. 2142, provided that:

“The amendments made by subsection (a) [amending this section] shall cease to have effect on September 30, 2012. The termination of the authority to grant exemptions pursuant to such amendments shall not effect the validity of any exemption granted prior to such date.”

Effective Date

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