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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