PUBLIC LAW 104-170—AUG. 3, 1996
110 STAT. 1507
the same period as that established under this paragraph
for an antimicrobial pesticide product appHcation, consistent with the degree of risk posed by the use of the wood
preservative product, if the application requires the
applicant to satisfy the same data requirements as are
required to support an application for a wood preservative
product that is an antimicrobial pesticide.
"(F) NOTIFICATION.—
"(i) IN GENERAL.— Subject to clause (iii), the
Administrator shall notify an applicant whether an
application has been granted or denied not later than
the final day of the appropriate review period under
this paragraph, unless the applicant and the Administrator agree to a later date.
" (ii) FINAL DECISION.—I f the Administrator fails
to notify an applicant within the period of time
required under clause (i), the failure shall be considered an agency action unlawfully withheld or unreasonably delayed for purposes of judicial review under chapter 7 of title 5, United States Code.
"(iii) EXEMPTION. —T h is subparagraph does not
apply to an application for an antimicrobial pesticide
that is filed under subsection (c)(3)(B) prior to 90 days
after the date of enactment of this subsection.
"(4) ANNUAL REPORT.—
"(A) SUBMISSION. —Beginning on the date of enactment
of this subsection and ending on the date that the goals
under paragraph (2) are achieved, the Administrator shall,
not later than March 1 of each year, prepare and submit
an annual report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
"(B) REQUIREMENTS.— ^A report submitted under
subparagraph (A) shall include a description of—
"(i) measures taken to reduce the backlog of pending registration applications;
"(ii) progress toward achieving reforms under this
subsection; and
"(iii) recommendations to improve the activities
of the Agency pertaining to antimicrobial registrations.".
SEC. 225. DISPOSAL OF HOUSEHOLD, INDUSTRLVL, OR INSTITUTIONAL
ANTIMICROBIAL PRODUCTS.
Section 19(h) (7 U.S.C. 136q(h)) is amended—
(1) by striking "Nothing in" and inserting the following:
"(1) IN GENERAL.— Nothing in"; and
(2) by adding at the end the following:
"(2) ANTIMICROBIAL PRODUCTS.—^A household, industrial,
or institutional antimicrobial product that is not subject to
regulation under the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) shall not be subject to the provisions of subsections
(a), (e), and (f), unless the Administrator determines that such
product must be subject to such provisions to prevent an
unreasonable adverse effect on the environment.".
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