Page:United States Statutes at Large Volume 90 Part 2.djvu/559

 PUBLIC LAW 94-469—OCT. 11, 1976

90 STAT. 2027

be brought in more than one judicial district, the Administrator shall take into account the convenience of the parties. (C) Subpeonas requiring attendance of witnesses in an action brought under subsection (a) may be served in any judicial district. (2) Whenever proceedings under subsection (a) involving identical chemical substances, mixtures, or articles are pending in courts in two or more judicial districts, they shall be consolidated for trial by order of any such court upon application reasonably made by any party in interest, upon notice to all parties in interest. (d) ACTION U N D E R SECTION 6.—Where a p p r o p r i a t e, concurrently

with the filing of an action under subsection (a) or as soon thereafter as may be practicable, the Administrator shall initiate a proceeding for the promulgation of a rule under section 6(a). (e) REPRESENTATION,—Notwithstanding any other provision of law, in any action under subsection (a), the Administrator may direct attorneys of the Environmental Protection Agency to appear and represent the Administrator in such an action. (f) DEFINITION. — For the purposes of subsection (a), the term "imminently hazardous chemical substance or m i x t u r e " means a chemical substance or mixture which presents an imminent and unreasonable risk of serious or widespread injury to health or the environment. Such a risk to health or the environment shall be considered imminent if it is shown that the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance or mixture, or that any combination of such activities, is likely to result in such injury to health or the environment before a final rule under section 6 can protect against such risk. SEC. 8. REPORTING AND RETENTION OF INFORMATION. (a) REPORTS.— (1) The Administrator shall promulgate rules Rules, under which— 15 USC 2607. (A) each person (other than a small manufacturer or processor) who manufactures or processes or proposes to manufacture or process a chemical substance (other than a chemical substance described in subparagraph (B) ( i i)) shall maintain such records, and shall submit to the Administrator such reports, as the Administrator may reasonably require, and (B) each person (other than a small manufacturer or processor) who manufactures or processes or proposes to manufacture or process— (i) a mixture, or (ii) a chemical substance in small quantities (as defined by the Administrator 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 reports but only to the extent the Administrator determines the maintenance of records or submission of reports, or both, is necessary for the effective enforcement of this Act. The Administrator 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 unless the Administrator finds that the maintenance of such records or the submission of such reports, or both, is necessary for the effective enforcement of this Act. For purposes of the compilation

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