Page:United States Statutes at Large Volume 90 Part 2.djvu/562

 90 STAT. 2030

PUBLIC LAW 94-469—OCT. 11, 1976 supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment shall immediately inform the Administrator of such information unless such person has actual knowledge that the Administrator has been adequately informed of such information. (f) DEFINITIONS. — For purposes of this section, the terms "manufact u r e " and "process" mean manufacture or process for commercial purposes. SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS.

15 USC 2608.

Report.

Publication in Federal Register,

(a)

L A W S N O T ADMINISTERED BY THE ADMINISTRATOR.—(1)

If

the Administrator has reasonable basis to conclude that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or that any combination of such activities, presents or will present an unreasonable risk of injury to health or the environment and determines, in the Administrator's discretion, that such risk may be prevented or reduced to a sufficient extent by action taken under a Federal law not administered by the Administrator, the Administrator shall submit to the agency which administers such law a report which describes such risk and includes in such description a specification of the activity or combination of activities which the Administrator has reason to W i e v e so presents such risk. Such report shall also request such agency— (A)(i) to determine if the risk described in such report may be prevented or reduced to a sufficient extent by action taken under such law, and (ii) if the agency determines that such risk may be so prevented or reduced, to issue an order declaring whether or not the activity or combination of activities specified in the description of such risk presents such risk; and (B) to respond to the Administrator with respect to the matters described in subparagraph (A). Any report of the Administrator shall include a detailed statement of the information on which it is based and shall be published in the Federal Register. The agency receiving a request under such a report shall make the requested determination, issue the requested order, and make the requested response within such time as the Administrator specifies in the request, but such time specified may not be less than 90 days from the date the request was made. The response of an agency shall be accompanied by a detailed statement of the findings and conclusions of the agency and shall be published in the Federal Register. (2) If the Administrator makes a report under paragraph (1) with respect to a chemical substance or mixture and the agency to which such report was made either— (A) issues an order declaring that the activity or combination of activities specified in the description of the risk described in the report does not present the risk described in the report, or (B) initiates, within 90 days of the publication in the Federal Register of the response of the agency under paragraph (1), action under the law (or laws) administered by such agency to protect against such risk associated with such activity or combination of activities, the Administrator may not take any action under section 6 or 7 with respect to such risk. (3) If the Administrator has initiated action under section 6 or 7 with respect to a risk associated with a chemical substance or mixture which was the subject of a report made to an agency under paragraph (1), such agency shall before taking action under the law (or laws)

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