101 
the manufacture or processing of chemical substances must be “for commercial 
purposes." 15 U.S.C. 2604 (i). 
The most far-reaching of EPA’s regulatory powers under the Act is its author- 
ity to require maintenance of records and submission of reports by processors 
and manufacturers. 15 U.S.C. 2607. "Small manufacturers and processors” are 
not covered by this requirement, however other persons who manufacture or 
process small quantities of mixtures or chemical substances "solely for purposes 
of scientific experimentation or analysis, etc.” must submit reports as the Admin- 
istrator determines to be necessary. Again, this activity, to be regulated, must 
affect commerce. 
The Act indicates a preference for use of applicable laws other than the Toxic 
Substances Control Act to regulate chemical hazards where it is possible. 15 
U.S.C. 260S (a ) (b) . It also requires the Administrator of EPA to cooperate with 
any other federal agency to achieve maximum enforcement of the Act. Thus, 
other agencies that regulate chemical hazards, such as the Department of Trans- 
portation (transport of hazardous materials), the Consumer Product Safety 
Commission (safety of consumer products), and the Department of Labor 
(OSHA), must consult with and coordinate their regulatory efforts with those of 
the EPA. Where the actions taken by the other agencies or by the Administrator 
of EPA under other laws provide insufficient protection, then the EPA may have 
authority to require additional protective measures. More specifically, if the 
Administrator determines that the risk "may be prevented or reduced to a 
sufficient extent” by another agency's action, then he must submit a report out- 
lining those risks to the other agency. If the agency determines such a risk does 
not exist, or it initiates its own action, then EPA is precluded from further action. 
15 U.S.C. 2608(a). If, on the other hand, the risks come under laws also admin- 
istered by EPA such as the Federal Water Pollution Control Act, the Marine 
Protection, Research, and Sanctuaries Act, the Clean Air Act, the Safe Drinking 
Water Act, or the Solid Waste Disposal Act, the Administrator may proceed 
under the Toxic Substances Control Act if he determines that to do so is “in the 
public interest.” That is true even if the “risk could be eliminated or reduced to 
a sufficient extent by actions taken under” the other law. 15 U.S.C. 2608(b). (For 
a more detailed analysis of the Act and discussion of some additional provisions, 
see, Robert F. Zener, "The Toxic Substances Control Act : Federal Regulation of 
Commercial Chemicals.” 32 The Business Lawyer 1685 (July 1977).) 
Other federal laws administered by the EPA offer potential authority for 
limited regulation of DNA research products. Under the Marine Protection, 
Research and Sanctuaries Act. 33 U.S.C. 1401 et seq., EPA prohibits (or strictly 
limits) the dumping into ocean waters of “any material which would adversely 
affect human health, welfare, or amenities, or the marine environment, ecological 
system, or economic potentialities.” 33 U.S.C. 1401(b). The definition of “mate- 
rial” includes “matter of any kind or description, including radiological, chemical, 
and biological warfare agents, radioactive materials, chemicals, biological and 
lalwratory waste, etc.” 33 U.S.C. 1402(c). The Act appears sufficiently broad to 
encompass disposal of DNA research products. Unless EPA has issued a permit 
(after notice and opportunity for a public hearing) specifying sites and times, 
etc., then ocean dumping of dangerous materials as defined by the Act is pro- 
hibited. Violations of the Act are punishable by civil penalties and/or criminal 
fines. 33 U.S.C. 1415 (a) (b). 
The Federal Water Pollution Control Act. 33 U.S.C. 1251 et seq., while of 
limited applicability in the regulation of DNA products, prohibits the discharge 
info, navigable waters of pollutants (including toxic pollutants). 33 U.S.C. 1251 
(a) (1) (3). Potentially, if a DNA research product should be classified by EPA 
as a pollutant, the Administrator has authority to restrict and control or prohibit 
its discharge into the Nation’s waters in order “to restore and maintain the 
chemical, physical, and biological integrity of the Nation’s waters.” 33 U.S.C. 
1251(a). 
The Solid Waste Disposal Act. 42 U.S.C, 3251 et seq., administered by EPA, 
may also be of limited utility in attempts to regulate use and disposition of DNA 
products. In response to a Congressional finding “that inefficient and improper 
methods of disposal of solid wastes results in scenic blights, create serious 
hazards to the public health, including pollution of air and water resources, 
accident, hazards, etc..” one of the purposes of the Act is “to provide for the 
promulgation of guidelines for solid waste collection, transport, separation, 
recovery and disposal systems.” 42 U.S.C. 3251 (a) (4), (b) (4>. Solid waste is 
defined to include “garbage, refuse, and other discarded solid materials, including 
[Appendix B — 360] 
