Page:United States Statutes at Large Volume 100 Part 2.djvu/643

 PUBLIC LAW 99-499—OCT. 17, 1986 ,; ^

100 STAT. 1745

(A) makes a finding that the modification is consistent with the provisions of subsection (h), based on— (i) experience from previously submitted toxic chemical release forms, and (ii) determinations made under paragraph (3), and (B) the finding is made by a rulemaking in accordance with section 553 of title 5, United States Code. I;; (3) DETERMINATIONS.—The Administrator shall make the following determinations with respect to a proposed modification before making a modification under paragraph (1): (A) The extent to which information relating to the pro-£: posed modification provided on the toxic chemical release fc forms has been used by the Administrator or other agencies ': of the Federal Government, States, local governments, health professionals, and the public. s*F (B) The extent to which the information is (i) readily • ^ available to potential users from other sources, such as f' State reporting programs, and (ii) provided to the Adminis^' trator under another Federal law or through a State IK r. at program. (C) The extent to which the modification would impose additional and unreasonable burdens on facilities subject to "^ the reporting requirements under this section, ' (4) 5-YEAR REVIEW.—Any modification made under this subsection shall be reviewed at least once every 5 years. Such review shall examine the modification and ensure that the requirements of paragraphs (2) and (3) still justify continuation of the ') modification. Any change to a modification reviewed under this ' paragraph shall be made in accordance with this subsection. (5) NOTIFICATION TO CONGRESS.—The Administrator shall ^l notify Congress of an intention to initiate a rulemaking for a modification under this subsection. After such notification, the Administrator shall delay initiation of the rulemaking for at '! least 12 months, but no more than 24 months, after the date of _ such notification. . g (6) JUDICIAL REVIEW.—In any judicial review of a rulemaking I which establishes a modification under this subsection, a court may hold unlawful and set aside agency action, findings, and j; conclusions found to be unsupported by substantial evidence. % (7) APPLICABILITY.—A modification under this subsection may l' apply to a calendar year or other reporting period beginning no f earlier than January 1, 1993. , '^, (8) EFFECTIVE DATE.—Any modification made on or after Janu,' ary 1 and before December 1 of any calendar year shall take ,;, effect beginning with the next calendar year. Any modification made on or after December 1 of any calendar year and before January 1 of the next calendar year shall take effect beginning with the calendar year following such next calendar year, (j) EPA MANAGEMENT OF DATA.—The Administrator shall estab- Communications lish and maintain in a computer data base a national toxic chemical and teleinventory based on data submitted to the Administrator under this communications. section. The Administrator shall make these data accessible by computer telecommunication and other means to any person on a cost reimbursable basis. (k) REPORT.—Not later than June 30, 1991, the Comptroller General, in consultation with the Administrator and appropriate offi-

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