90 STAT. 2 0 1 4
Post, p. 2034.
Oral presentation. Transcript. Publication.
PUBLIC LAW 9 4 - 4 6 9 ~ 0 C T. 11, 1976 (3) D a t a submitted under paragraph (1) or (2) shall be made available, subject to section 14, for examination by interested persons, (4)(A)(i) The Administrator may, by rule, compile and keep current a list of chemical substances with respect to which the Administrator finds that the manufacture, processing, distribution i n commerce, use, or disposal, or any combination of such activities, presents or may present an unreasonable risk of injury to health or the environment. (ii) I n making a finding under clause (i) that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or any combination of such activities presents or may present an unreasonable risk of injury to health or the environment, the Administrator shall consider all relevant factors, including— (I) the effects of the chemical substance on health and the magnitude of human exposure to such substance; and ( II) the effects of the chemical substance on the environment and the magnitude of environmental exposure to such substance. (B) The Administrator shall, in prescribing a rule under subparagraph (A) which lists any chemical substance, identify those uses, if any, which the Administrator determines, by rule under subsection (a)(2), would constitute a significant new use of such substance. (C) Any rule under subparagraph (A), and any substantive amendment or repeal of such a rule, shall be promulgated pursuant to the procedures specified in section 553 of title 5, United States Code, 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). (c) E X T E N S I O N o r NOTICE P E R I O D. — The A d m i n i s t r a to r
Publication in Federal Register,
may
for
good cause extend for additional periods (not to exceed in the aggregate 90 days) the period, prescribed by subsection (a) or (b) before which the manufacturing or processing of a chemical substance subject to such subsection may begin. Subject to section 14, such a n extension and the reasons therefor shall be published in the Federal Register and shall constitute a final agency action subject to judicial review. (d) CONTENT o r NOTICE; PUBLICATIONS I N THE FEDERAL REGISTER.—
(1) The notice required by subsection (a) shall include— (A) insofar as known to the person submitting the notice or insofar as reasonably ascertainable, the information described i n subparagraphs (A), (B), (C), (D), (F), and (G) of section 8(a)(2),and (B) in such form and manner as the Administrator may prescribe, any test data in the possession or control of the person giving such notice which a r e related to the effect of any manufacture, processing, distribution in commerce, use, or disposal of such substance or any article containing such substance, or of any combination of such activities, on health or the environment, and (C) a description of any other data concerning the environmental and health effects of such substance, insofar as known to the person making the notice or insofar as reasonably ascertainable. Such a notice shall be made available, subject to section 14, for examination by interested persons. (2) SuDJect to section 14, not later than five days (excluding Saturdays, Sundays and legal holidays) after the date of the receipt of a
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