2016—Subsec. (a)(1). Puspan. L. 114–182, § 5(1)(A), designated existing provisions as subpar. (A) and redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively; substituted “Except as provided in subparagraph (B) of this paragraph and” for “Except as provided in” in introductory provisions; substituted “significant new use.” for “significant new use,” at end of cl. (ii); struck out concluding provisions “unless such person submits to the Administrator, at least 90 days before such manufacture or processing, a notice, in accordance with subsection (d), of such person’s intention to manufacture or process such substance and such person complies with any applicable requirement of subsection (span).”; and added subpar. (B).

Subsec. (a)(3) to (5). Puspan. L. 114–182, § 5(1)(B), added pars. (3) to (5).

Subsec. (span). Puspan. L. 114–182, § 5(2)(A), substituted “information” for “test data” in heading.

Subsec. (span)(1)(A). Puspan. L. 114–182, § 19(e)(1)(A), substituted “a rule, order, or consent agreement” for “a rule promulgated” and “such rule, order, or consent agreement” for “such rule”.

Puspan. L. 114–182, § 5(2)(B)(i), substituted “submit information” for “submit test data” and “such information” for “such data”.

Subsec. (span)(1)(B). Puspan. L. 114–182, § 5(2)(B)(ii), in concluding provisions, substituted “information” for “test data”, “subsection (a)(1)(A)(i)” for “subsection (a)(1)(A)”, and “subsection (a)(1)(A)(ii)” for “subsection (a)(1)(B)”.

Subsec. (span)(1)(B)(ii). Puspan. L. 114–182, § 19(e)(1)(B), substituted “rule or order” for “rule promulgated”.

Subsec. (span)(2)(A). Puspan. L. 114–182, § 5(2)(C)(i)(II), (III), in concluding provisions, substituted “may” for “shall” and “information prescribed” for “data prescribed”.

Subsec. (span)(2)(A)(ii). Puspan. L. 114–182, § 19(e)(1)(C), substituted “rule, order, or consent agreement” for “rule promulgated”.

Puspan. L. 114–182, § 5(2)(C)(i)(I), substituted “information” for “test data”.

Subsec. (span)(2)(B). Puspan. L. 114–182, § 5(2)(C)(ii)(I)–(III), in introductory provisions, substituted “Information” for “Data”, “be information” for “be data”, “the information” for “the data”, and “shows” for “show”.

Subsec. (span)(2)(B)(i). Puspan. L. 114–182, § 5(2)(C)(ii)(IV), substituted “subsection (a)(1)(A)(i)” for “subsection (a)(1)(A)”.

Subsec. (span)(2)(B)(ii). Puspan. L. 114–182, § 5(2)(C)(ii)(V), substituted “subsection (a)(1)(A)(ii)” for “subsection (a)(1)(B)”.

Subsec. (span)(3). Puspan. L. 114–182, § 5(2)(D), substituted “Information” for “Data” and “paragraph (1) or (2) of this subsection or under subsection (e)” for “paragraph (1) or (2)”.

Subsec. (span)(4)(A)(i). Puspan. L. 114–182, § 5(2)(E)(i), inserted “, without consideration of costs or other nonrisk factors” after “health or the environment”.

Subsec. (span)(4)(C). Puspan. L. 114–182, § 5(2)(E)(ii), struck out “, except that (i) the Administrator shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions, (ii) a transcript shall be kept of any oral presentation, and (iii) the Administrator shall make and publish with the rule the finding described in subparagraph (A)” before period at end.

Subsec. (c). Puspan. L. 114–182, § 5(3), substituted “review” for “notice” in heading and struck out “before which the manufacturing or processing of a chemical substance subject to such subsection may begin” after “subsection (a) or (span)” in text.

Subsec. (d)(1)(B). Puspan. L. 114–182, § 5(4)(A), substituted “information” for “test data”.

Subsec. (d)(1)(C). Puspan. L. 114–182, § 5(4)(B), substituted “information” for “data”.

Subsec. (d)(2). Puspan. L. 114–182, § 5(4)(B), substituted “information” for “data” wherever appearing.

Subsec. (d)(2)(B). Puspan. L. 114–182, § 5(4)(C), substituted “uses of such substance identified in the notice” for “uses or intended uses of such substance”.

Subsec. (d)(2)(C). Puspan. L. 114–182, § 19(e)(2), substituted “rule, order, or consent agreement” for “rule”.

Subsec. (d)(3). Puspan. L. 114–182, § 5(4)(D), substituted “for which the applicable review period” for “for which the notification period prescribed by subsection (a), (span), or (c)” and “such period” for “such notification period”.

Subsec. (e)(1)(A). Puspan. L. 114–182, § 5(5)(A)(iii)(III), inserted before period at end of concluding provisions “to the extent necessary to protect against an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the Administrator under the conditions of use, and the submitter of the notice may commence manufacture of the chemical substance, or manufacture or processing of the chemical substance for a significant new use, including while any required information is being developed, only in compliance with the order”.

Puspan. L. 114–182, § 5(5)(A)(iii)(II), which directed substitution of “applicable review period” for “notification period applicable to the manufacturing or processing of such substance under subsection (a), (span), (c)” in concluding provisions, was executed by making the substitution for “notification period applicable to the manufacturing or processing of such substance under subsection (a), (span), or (c)” to reflect the probable intent of Congress.

Puspan. L. 114–182, § 5(5)(A)(iii)(I), substituted “shall issue an order” for “may issue a proposed order” in concluding provisions.

Subsec. (e)(1)(A)(i). Puspan. L. 114–182, § 5(5)(A)(i), substituted “; or” for “; and” at end.

Subsec. (e)(1)(A)(ii)(I). Puspan. L. 114–182, § 5(5)(A)(ii), inserted “without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed subpopulation identified as relevant by the Administrator under the conditions of use;” after “health or the environment,”.

Subsec. (e)(1)(B). Puspan. L. 114–182, § 5(5)(B)(iii), substituted “of the order” for “of the proposed order”.

Puspan. L. 114–182, § 5(5)(B)(ii), which directed substitution of “applicable review period” for “notification period applicable to the manufacture or processing of such substance under subsection (a), (span), (c)”, was executed by making the substitution for “notification period applicable to the manufacture or processing of such substance under subsection (a), (span), or (c)” to reflect the probable intent of Congress.

Puspan. L. 114–182, § 5(5)(B)(i), substituted “An order” for “A proposed order”.

Subsec. (e)(1)(C). Puspan. L. 114–182, § 5(5)(C), struck out subpar. (C) which read as follows: “If a manufacturer or processor of a chemical substance to be subject to a proposed order issued under subparagraph (A) files with the Administrator (within the 30-day period beginning on the date such manufacturer or processor received the notice required by subparagraph (B)(ii)) objections specifying with particularity the provisions of the order deemed objectionable and stating the grounds therefor, the proposed order shall not take effect.”

Subsec. (e)(2). Puspan. L. 114–182, § 5(5)(D), struck out par. (2) which related to injunctions to prohibit or limit the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance.

Subsec. (f)(1). Puspan. L. 114–182, § 5(6)(A), substituted “determines that a chemical substance or significant new use with” for “finds that there is a reasonable basis to conclude that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance with”, “, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed subpopulation identified as relevant by the Administrator under the conditions of use,” for “before a rule promulgated under section 2605 of this title can protect against such risk,” and “applicable review period” for “notification period applicable under subsection (a), (span), or (c) to the manufacturing or processing of such substance” and struck out “, or that any combination of such activities,” after “required by subsection (a)” and “or will present” after “presents”.

Subsec. (f)(2). Puspan. L. 114–182, § 5(6)(B), substituted “Section 2605(d)(3)(B)” for “Section 2605(d)(2)(B)” in concluding provisions.

Subsec. (f)(3)(A). Puspan. L. 114–182, § 5(6)(C)(i), substituted “Administrator may” for “Administrator may—”, struck out cl. (i) designation before “issue”, substituted “an order to prohibit or limit the” for “a proposed order to prohibit the” and “under paragraph (1). Such order shall take effect on the expiration of the applicable review period.” for “under paragraph (1), or”, and struck out cl. (ii) and concluding provisions which read as follows:

“(ii) apply, through attorneys of the Environmental Protection Agency, to the United States District Court for the District of Columbia or the United States district court for the judicial district in which the manufacturer, or processor, as the case may be, of such substance, is found, resides, or transacts business for an injunction to prohibit the manufacture, processing, or distribution in commerce of such substance.

A proposed order issued under clause (i) respecting a chemical substance shall take effect on the expiration of the notification period applicable under subsection (a), (span), or (c) to the manufacture or processing of such substance.”

Subsec. (f)(3)(B), (C). Puspan. L. 114–182, § 5(6)(C)(ii), (iii), redesignated subpar. (C) as (B), substituted “subparagraph (B)” for “subparagraphs (B) and (C)”, struck out “clause (i) of” after “order issued under” and “; and the provisions of subparagraph (C) of subsection (e)(2) shall apply with respect to an injunction issued under subparagraph (B)” after “subparagraph (A)”, and struck out former subpar. (B) which read as follows: “If the district court of the United States to which an application has been made under subparagraph (A)(ii) finds that there is a reasonable basis to conclude that the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance with respect to which such application was made, or that any combination of such activities, presents or will present an unreasonable risk of injury to health or the environment before a rule promulgated under section 2605 of this title can protect against such risk, the court shall issue an injunction to prohibit the manufacture, processing, or distribution in commerce of such substance or to prohibit any combination of such activities.”

Subsec. (f)(3)(D). Puspan. L. 114–182, § 5(6)(C)(iv), struck out subpar. (D) which read as follows: “If the Administrator issues an order pursuant to subparagraph (A)(i) respecting a chemical substance and objections are filed in accordance with subsection (e)(1)(C), the Administrator shall seek an injunction under subparagraph (A)(ii) respecting such substance unless the Administrator determines, on the basis of such objections, that such substance does not or will not present an unreasonable risk of injury to health or the environment.”

Subsec. (f)(4), (5). Puspan. L. 114–182, § 5(6)(D), added pars. (4) and (5).

Subsec. (g). Puspan. L. 114–182, § 5(7), amended subsec. (g) generally. Prior to amendment, text read as follows: “If the Administrator has not initiated any action under this section or section 2605 or 2606 of this title to prohibit or limit the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance, with respect to which notification or data is required by subsection (a)(1)(B) or (span), before the expiration of the notification period applicable to the manufacturing or processing of such substance, the Administrator shall publish a statement of the Administrator’s reasons for not initiating such action. Such a statement shall be published in the Federal Register before the expiration of such period. Publication of such statement in accordance with the preceding sentence is not a prerequisite to the manufacturing or processing of the substance with respect to which the statement is to be published.”

Subsec. (h)(1)(A). Puspan. L. 114–182, § 5(8)(A), inserted “, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified by the Administrator for the specific conditions of use identified in the application” after “health or the environment”.

Subsec. (h)(2). Puspan. L. 114–182, § 5(8)(B), substituted “information” for “data” wherever appearing.

Subsec. (h)(4). Puspan. L. 114–182, § 5(8)(C), substituted “environment, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified by the Administrator under the conditions of use” for “environment. A rule promulgated under this paragraph (and any substantive amendment to, or repeal of, such a rule) shall be promulgated in accordance with paragraphs (2) and (3) of section 2605(c) of this title”.

Subsec. (i). Puspan. L. 114–182, § 5(9), amended subsec. (i) generally. Prior to amendment, text read as follows: “For purposes of this section, the terms ‘manufacture’ and ‘process’ mean manufacturing or processing for commercial purposes.”

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