Page:United States Statutes at Large Volume 90 Part 2.djvu/554

 90 STAT. 2022

PUBLIC LAW 94-469—OCT. 11, 1976 or processor subject to a requirement to replace or repurchase a chemical substance or mixture may elect either to replace or repurchase the substance or mixture and shall take either such action in the manner prescribed by the Administrator.

Statement, publication.

(c) PROMULGATION" OF SUBSECTION (a) RULES. — (1) I n p r o m u l g a t -

ing any rule under subsection (a) with respect to a chemical substance or mixture, the Administrator shall consider and publish a statement with respect to— (A) the ejffects of such substance or mixture on health and the magnitude of the exposure of human beings to such substance or mixture, (B) the effects of such substance or mixture on the environment and the magnitude of the exposure of the environment to such substance or mixture, (C) the benefits of such 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. 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 Administrator may not promulgate a rule under subsection (a) to protect against such risk of injury unless the Administrator finds, in the Administrator's discretion, that it is in the public interest to protect against such risk under this Act. I n making such a finding the Administrator shall consider (i) all relevant aspects of the risk, as determined by the Administ r a to r in the Administrator's discretion, (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. (2) W h e n prescribing a rule under subsection (a) the Administ r a to r shall proceed in accordance with section 553 of title 5, United States Code (without regard to any reference in such section to sec5 USC 556, 557. tions 556 and 557 of such title), and shall also (A) publish a notice of Notice, proposed rulemaking stating with particularity the reason for the publication. proposed rule; (B) allow interested persons to submit written data, Written data, views, and arguments, and make all such submissions publicly availviews, arguments, able; (C) provide an opportunity for an informal h e a r i n g in accordsubmittal. ance with paragraph (3); (D) promulgate, if appropriate, a final Hearing. rule based on the matter in the rulemaking record (as defined in section Final rule. 1 9 (a)), and (E) make and publish with the rule the finding described in subsection (a). (3) Informal hearings required by paragraph (2)(C) shall be conInformal ducted by the Administrator in accordance with the following requirements: (A) Subject to subparagraph (B), an interested person is entitled— (i) to present such person's position orally or by documentary submissions (or b o t h), and (ii) if the Administrator determines that there are disputed issues of material fact it is necessary to resolve, to present such rebuttal submissions and to conduct (or have conducted under subparagraph (B) ( i i)) such cross-examina-

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