HR 5820 IHCommentsClose CommentsPermalink

To amend the Toxic Substances Control Act to ensure that the public and the environment are protected from risks of chemical exposure, and for other purposes.CommentsClose CommentsPermalink

July 22, 2010CommentsClose CommentsPermalink

Mr. RUSH (for himself, Mr. WAXMAN, Ms. CASTOR of Florida, Ms. DEGETTE, Ms. SCHAKOWSKY, and Mr. SARBANES) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To amend the Toxic Substances Control Act to ensure that the public and the environment are protected from risks of chemical exposure, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Toxic Chemicals Safety Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS, POLICY, AND GOAL.

(a) Findings, Policy, and Goal- Section 2 of the Toxic Substances Control Act (15 U.S.C. 2601) is amended--CommentsClose CommentsPermalink





(1) by striking ‘intent’ in the section heading and inserting ‘goal’; andCommentsClose CommentsPermalink





(2) by striking subsections (a) through (c) and inserting the following:CommentsClose CommentsPermalink





‘(a) Findings- Congress finds that--CommentsClose CommentsPermalink





‘(1) the chemical industry is an important part of the United States economy and provides valuable products that are used in diverse manufacturing industries and other commercial, institutional, and consumer applications;CommentsClose CommentsPermalink





‘(2) more than 3 decades after the enactment of the Toxic Substances Control Act, the public and the environment in the United States are still exposed to thousands of chemicals whose safety has not been adequately reviewed;CommentsClose CommentsPermalink





‘(3) biomonitoring reveals that people in the United States have many hazardous chemicals in their bodies;CommentsClose CommentsPermalink





‘(4) the potential for adverse effects from chemical exposures is modulated by developmental changes in metabolism, physiology, and pathways of exposure, with increased potential for adverse effects from exposures that occur in utero, during infancy, and during other critical periods of development;CommentsClose CommentsPermalink





‘(5) there is significant global trade in the chemical sector and many of the companies that conduct business in the United States must also comply with chemical safety regulatory programs in other countries, and the data that are generated to comply with these other regulatory programs may be useful in understanding the hazards of and exposures to chemicals in the United States; andCommentsClose CommentsPermalink





‘(6) a revised policy on the safety of chemicals will assist in renewing the manufacturing sector of the United States, create new and safer jobs, spur innovations in green chemistry, restore confidence domestically and internationally in the safety of products of the United States, and ensure that products of the United States remain competitive in the global market.CommentsClose CommentsPermalink





‘(b) Policy- It is the policy of the United States--CommentsClose CommentsPermalink





‘(1) to protect the health of children, workers, consumers, and the public, and to protect the environment from adverse effects of exposures to chemicals;CommentsClose CommentsPermalink





‘(2) to promote the use of safer alternatives and other actions that reduce use of and exposure to hazardous chemicals and reward innovation in developing safer chemicals, processes, and products;CommentsClose CommentsPermalink





‘(3) to require that all chemicals in commerce meet a risk-based safety standard that protects disproportionately vulnerable and affected populations and the environment;CommentsClose CommentsPermalink





‘(4) to require manufacturers and processors to provide sufficient health and environmental information for the chemicals which they manufacture or process as a condition of allowing distribution of such chemicals in commerce;CommentsClose CommentsPermalink





‘(5) to improve the quality of information on chemical safety and use;CommentsClose CommentsPermalink





‘(6) to guarantee the right of the public and workers to know about the risks associated with chemicals that they may be exposed to by maximizing public access to information on such chemicals;CommentsClose CommentsPermalink





‘(7) to strengthen cooperation between and among the Federal Government and State, municipal, tribal, and foreign governments;CommentsClose CommentsPermalink





‘(8) to ensure the Administrator has the authority to develop sufficient information to assess chemical safety, and to act effectively when the Administrator obtains information that indicates there are risks of harmful chemical exposure; andCommentsClose CommentsPermalink





‘(9) to replace, reduce, and refine testing on animals by promoting and funding the development of more efficient test methods and strategies.CommentsClose CommentsPermalink





‘(c) Goal- It is the goal of the United States to protect health and the environment by addressing exposure to harmful chemicals distributed in commerce, including exposure of vulnerable or disproportionately affected populations, by--CommentsClose CommentsPermalink





‘(1) determining whether all chemicals in commerce meet the safety standard under this title;CommentsClose CommentsPermalink





‘(2) restricting the manufacture, processing, use, distribution in commerce, or disposal of a chemical, where warranted; andCommentsClose CommentsPermalink





‘(3) encouraging the replacement of harmful chemicals and processes with safer alternatives.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for the Toxic Substances Control Act is amended by amending the item relating to section 2 to read as follows:CommentsClose CommentsPermalink





‘Sec. 2. Findings, policy, and goal.’.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS AND DETERMINATIONS.

(a) Definitions and Determinations- Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is amended--CommentsClose CommentsPermalink





(1) by striking--CommentsClose CommentsPermalink

‘SEC. 3. DEFINITIONS.

‘As used in this Act:’ and inserting the following:CommentsClose CommentsPermalink

‘SEC. 3. DEFINITIONS AND DETERMINATIONS.

‘(a) Definitions- As used in this Act:’;CommentsClose CommentsPermalink





(2) in subsection (a), (relating to definitions, as designated by paragraph (1))--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) by striking ‘Except as provided in subparagraph (B), the term’ and inserting ‘The term’;CommentsClose CommentsPermalink





(II) in clause (i), by striking ‘and’ after ‘nature,’;CommentsClose CommentsPermalink





(III) in clause (ii), by striking the period at the end and inserting ‘, and’; andCommentsClose CommentsPermalink





(IV) by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(iii) any form of a substance determined by the Administrator to be a chemical substance under subsection (b)(1).’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink





‘(ii) any alcoholic beverage (as defined in section 214 of the Federal Alcohol Administration Act),’;CommentsClose CommentsPermalink





(II) in clause (iii), by striking ‘product,’ inserting ‘product (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act), and’; andCommentsClose CommentsPermalink





(III) by striking clauses (v) and (vi) and the matter following clause (vi);CommentsClose CommentsPermalink





(B) in paragraph (4)--CommentsClose CommentsPermalink





(i) by striking ‘or’ after ‘or article;’; andCommentsClose CommentsPermalink





(ii) by inserting ‘; or to export or offer for export the substance, mixture, or article, except for demonstrated use solely as a pesticide (as defined in the Federal Insecticide, Fungicide, and Rodenticide Act), food, food additive, drug, cosmetic, or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act) and including poultry, poultry products, meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act), eggs, and egg products (as defined in section 4 of the Egg Products Inspection Act)’ after ‘article after its introduction into commerce’;CommentsClose CommentsPermalink





(C) in paragraph (5), by inserting ‘ambient and indoor’ after ‘includes water,’;CommentsClose CommentsPermalink





(D) in paragraph (7), by inserting ‘, except for demonstrated use solely as a pesticide (as defined in the Federal Insecticide, Fungicide, and Rodenticide Act), food, food additive, drug, cosmetic, or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act) and including poultry, poultry products, meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act), eggs, and egg products (as defined in section 4 of the Egg Products Inspection Act)’ after ‘produce, or manufacture’;CommentsClose CommentsPermalink





(E) in paragraph (9), by striking ‘which is not included in the chemical substance list compiled and published under section 8(b)’ and inserting ‘for which no declaration has been submitted under section 8(a)(2), except that, with respect to the first year after the date of enactment of the Toxic Chemicals Safety Act of 2010, such term shall not include a chemical substance distributed in commerce as of such date of enactment’;CommentsClose CommentsPermalink





(F) in paragraph (10), after subparagraph (B), by adding the following:CommentsClose CommentsPermalink





‘Except such term shall not include preparation for demonstrated use solely as a pesticide (as defined in the Federal Insecticide, Fungicide, and Rodenticide Act), food, food additive, drug, cosmetic, or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act) and including poultry, poultry products, meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act), eggs, and egg products (as defined in section 4 of the Egg Products Inspection Act). Relabeling or redistributing a container holding a chemical substance or mixture where no repackaging of the chemical substance or mixture occurs does not constitute processing of the chemical substance or mixture. Relabeling, redistributing, or repackaging an article containing a chemical substance or mixture, including incorporating the article into another article, does not constitute processing of the chemical substance or mixture.’.CommentsClose CommentsPermalink





(G) by striking paragraph (12) and redesignating paragraphs (13) and (14) as paragraphs (12) and (13), respectively; andCommentsClose CommentsPermalink





(H) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(14) The term ‘adverse effect’ means a chemical or biochemical change, anatomic change, or functional impairment, or a known precursor to such a change or impairment, that--CommentsClose CommentsPermalink





‘(A) has the potential to impair the performance of an anatomic structure of a vital system of an organism or progeny of an organism;CommentsClose CommentsPermalink





‘(B) causes irreversible change in the homeostasis of an organism;CommentsClose CommentsPermalink





‘(C) increases the susceptibility of an organism or progeny of an organism to other chemical or biological stressors or reduces the ability of an organism or progeny of an organism to respond to additional health or environmental challenges; orCommentsClose CommentsPermalink





‘(D) affects, alters, or harms the environment such that the health of humans or other organisms is directly or indirectly threatened.CommentsClose CommentsPermalink





In order to reflect best available science, the Administrator may, by rule, revise the definition of such term for purposes of this Act in such a way that reflects the state of the science and provides for equal or greater protection of health and the environment.CommentsClose CommentsPermalink





‘(15) The term ‘aggregate exposure’ means all exposure from--CommentsClose CommentsPermalink





‘(A) manufacture, processing, distribution, use, and disposal;CommentsClose CommentsPermalink





‘(B) manufacturing or processing of the substance for use as a pesticide, food, food additive, drug, cosmetic, or device;CommentsClose CommentsPermalink





‘(C) contamination of food, air, water, soil, house dust, and any other environmental media from current or prior uses or activity;CommentsClose CommentsPermalink





‘(D) permitted sources of pollution;CommentsClose CommentsPermalink





‘(E) nonpoint sources of pollution; andCommentsClose CommentsPermalink





‘(F) documented background levels from natural and anthropogenic sources.CommentsClose CommentsPermalink





‘(16) The term ‘bioaccumulative’ means, with respect to a chemical substance or mixture, that the chemical substance or mixture, as determined by the Administrator, can significantly accumulate in biota, as indicated through monitoring data, or is highly likely to accumulate in biota, as indicated by other evidence. In order to reflect best available science, the Administrator may, by rule, revise the definition of such term for purposes of this Act in such a way that reflects the state of the science and provides for equal or greater protection of health and the environment.CommentsClose CommentsPermalink





‘(17) The term ‘chemical identity’ means, with respect to a chemical substance--CommentsClose CommentsPermalink





‘(A) each common and trade name of the chemical substance;CommentsClose CommentsPermalink





‘(B) the name of the chemical substance appearing in International Union of Pure and Applied Chemistry nomenclature and 9th Collective Index format;CommentsClose CommentsPermalink





‘(C) the Chemical Abstracts Service registration number of the chemical substance; andCommentsClose CommentsPermalink





‘(D) the molecular structure and the molecular identity of the chemical substance.CommentsClose CommentsPermalink





‘(18) The term ‘cumulative exposure’ means the sum of aggregate exposure to--CommentsClose CommentsPermalink





‘(A) each of the chemical substances that are known or, where supported by scientific consensus, suspected to contribute appreciably to the risk of the same adverse effect; andCommentsClose CommentsPermalink





‘(B) mixtures containing chemical substances described in subparagraph (A).CommentsClose CommentsPermalink





‘(19) The term ‘Federal agency’ means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office.CommentsClose CommentsPermalink





‘(20) The term ‘importer’ means any person who imports a chemical substance or mixture, or any article containing a chemical substance or mixture, for distribution in commerce.CommentsClose CommentsPermalink





‘(21) The term ‘persistent’ means, with respect to a chemical substance or mixture, that the chemical substance or mixture, as determined by the Administrator, significantly persists in 1 or more environmental media, as indicated by monitoring data or other evidence. In order to reflect best available science, the Administrator may, by rule, revise the definition of such term for purposes of this Act in such a way that reflects the state of the science and provides for equal or greater protection of health and the environment.CommentsClose CommentsPermalink





‘(22) The term ‘substance characteristic’ means, with respect to a particular chemical substance, the physical and chemical characteristics that may vary for such substance, and whose variation may bear on the toxicological properties or the exposure potential of the substance, including--CommentsClose CommentsPermalink





‘(A) structure and composition;CommentsClose CommentsPermalink





‘(B) size or size distribution;CommentsClose CommentsPermalink





‘(C) shape;CommentsClose CommentsPermalink





‘(D) surface structure;CommentsClose CommentsPermalink





‘(E) reactivity; andCommentsClose CommentsPermalink





‘(F) other characteristics and properties that may bear on toxicological properties or exposure potential.CommentsClose CommentsPermalink





‘(23) The term ‘toxic’, with respect to a chemical substance or mixture, means that the chemical substance or mixture, or a metabolite or degradation product of such substance or mixture, has a toxicological property--CommentsClose CommentsPermalink





‘(A) that causes an adverse effect that has been demonstrated in humans or other organisms; orCommentsClose CommentsPermalink





‘(B) for which the weight of evidence (such as demonstration of such an adverse effect as described in subparagraph (A) in laboratory studies or data for a chemical from the same chemical class that exhibits such an adverse effect) demonstrates the potential for an adverse effect in humans or other organisms.CommentsClose CommentsPermalink





‘(24) The term ‘toxicological property’ means established toxicity, adverse effects, or established precursors to such toxicity or adverse effects, including effects of exposure to a chemical substance or mixture on--CommentsClose CommentsPermalink





‘(A) mortality;CommentsClose CommentsPermalink





‘(B) morbidity, including carcinogenesis;CommentsClose CommentsPermalink





‘(C) genetics, including mutagenicity, genotoxicity, and epigenetics;CommentsClose CommentsPermalink





‘(D) reproduction;CommentsClose CommentsPermalink





‘(E) growth and development;CommentsClose CommentsPermalink





‘(F) the immune system;CommentsClose CommentsPermalink





‘(G) the endocrine system;CommentsClose CommentsPermalink





‘(H) the brain or nervous system;CommentsClose CommentsPermalink





‘(I) other organ systems; orCommentsClose CommentsPermalink





‘(J) any other biological functions in humans or other organisms.CommentsClose CommentsPermalink





‘(25) The term ‘use’ means any utilization of a chemical substance or mixture that is not otherwise covered by the terms manufacture or process, and may include--CommentsClose CommentsPermalink





‘(A) any composition of the chemical substance with other chemical substances;CommentsClose CommentsPermalink





‘(B) any group of utilizations determined by the Administrator to be a single use under subsection (b)(2).CommentsClose CommentsPermalink





Relabeling or redistributing a container holding a chemical substance or mixture where no repackaging of the chemical substance or mixture occurs does not constitute use of the chemical substance or mixture.CommentsClose CommentsPermalink





‘(26) The term ‘vulnerable population’ means a population that is subject to a disproportionate exposure to, or potential for a disproportionate adverse effect from exposure to, a chemical substance or mixture, including--CommentsClose CommentsPermalink





‘(A) infants, children, and adolescents;CommentsClose CommentsPermalink





‘(B) pregnant women (including effects on fetal development);CommentsClose CommentsPermalink





‘(C) the elderly;CommentsClose CommentsPermalink





‘(D) individuals with preexisting medical conditions;CommentsClose CommentsPermalink





‘(E) workers; andCommentsClose CommentsPermalink





‘(F) members of any other appropriate population identified by the Administrator based on consideration of--CommentsClose CommentsPermalink





‘(i) socioeconomic status;CommentsClose CommentsPermalink





‘(ii) racial or ethnic background;CommentsClose CommentsPermalink





‘(iii) culturally influenced dietary or other practices or factors; orCommentsClose CommentsPermalink





‘(iv) other similar factors identified by the Administrator.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(b) Determinations-CommentsClose CommentsPermalink





‘(1) The Administrator may determine different forms of a chemical substance with a particular molecular identity to be different chemical substances for purposes of this Act, based on variations in the substance characteristics. New forms of existing chemical substances so determined shall be considered new chemical substances for purposes of this Act.CommentsClose CommentsPermalink





‘(2) The Administrator may determine different uses of a chemical substance or mixture to be the same use for purposes of this Act, based on industry classification systems or factors determined by the Administrator to indicate similarity in use and exposure, provided that such systems or factors ensure that the different uses treated as the same use under this paragraph do not involve materially different patterns, pathways, or degrees of exposure.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for the Toxic Substances Control Act is amended by amending the item relating to section 3 to read as follows:CommentsClose CommentsPermalink





‘Sec. 3. Definitions and Determinations.’.CommentsClose CommentsPermalink

SEC. 4. MINIMUM DATA SET AND TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.

Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is amended as follows:CommentsClose CommentsPermalink





(1) By amending subsection (a) to read as follows:CommentsClose CommentsPermalink





‘(a) Minimum Data Set-CommentsClose CommentsPermalink





‘(1) Not later than 1 year after the date of enactment of the Toxic Chemicals Safety Act of 2010, the Administrator shall establish, by rule, the data that constitute the minimum data set for substances described in paragraph (2). The rule shall--CommentsClose CommentsPermalink





‘(A) require manufacturers and processors to submit a minimum data set that the Administrator determines will be useful in conducting safety standard determinations pursuant to section 6(b) or carrying out any provision of this Act, and shall include information on--CommentsClose CommentsPermalink





‘(i) chemical identity;CommentsClose CommentsPermalink





‘(ii) substance characteristics;CommentsClose CommentsPermalink





‘(iii) biological and environmental fate and transport;CommentsClose CommentsPermalink





‘(iv) toxicological properties;CommentsClose CommentsPermalink





‘(v) volume manufactured, processed, or imported;CommentsClose CommentsPermalink





‘(vi) intended uses; andCommentsClose CommentsPermalink





‘(vii) exposures from all stages of the chemical substance or mixture’s lifecycle that are known or reasonably foreseeable to the party submitting the data set;CommentsClose CommentsPermalink





‘(B) provide for varied or tiered testing;CommentsClose CommentsPermalink





‘(C) establish requirements for manufacturers and processors to update their minimum data set submissions, as appropriate; andCommentsClose CommentsPermalink





‘(D) be updated by the Administrator not less often than once every 5 years.CommentsClose CommentsPermalink





‘(2) Except as provided in paragraph (3), the manufacturers and processors of a chemical substance or mixture shall submit the minimum data set established by the rule under paragraph (1), accompanied by the certification described in section 8(i), to the Administrator--CommentsClose CommentsPermalink





‘(A) for an existing chemical substance or mixture, not later than the earlier of--CommentsClose CommentsPermalink





‘(i) 18 months after the date on which the Administrator lists the chemical substance or mixture on the priority list under section 6(a); orCommentsClose CommentsPermalink





‘(ii) for chemical substances produced--CommentsClose CommentsPermalink





‘(I) at high volumes, as determined by the Administrator, 3 years after the date of enactment of the Toxic Chemicals Safety Act of 2010;CommentsClose CommentsPermalink





‘(II) at moderate volumes, as determined by the Administrator, 4 years after the date of enactment of the Toxic Chemicals Safety Act of 2010; orCommentsClose CommentsPermalink





‘(III) at low volumes, as determined by the Administrator, 5 years after the date of enactment of the Toxic Chemicals Safety Act of 2010; orCommentsClose CommentsPermalink





‘(B) for a new chemical substance, the date on which the notice required under section 5(a)(1)(A) is submitted.CommentsClose CommentsPermalink





‘(3) No minimum data set shall be required to be submitted by manufacturers and processors of a chemical substance listed under section 6(a)(1)(A) or exempted from the requirement pursuant to section 39 or section 32 or for a safer alternative approved pursuant to section 35.CommentsClose CommentsPermalink





‘(4) If a manufacturer or processor is in violation of paragraph (2), the Administrator may impose penalties, pursuant to section 16, on such manufacturer or processor, or, by order, impose conditions, including prohibitions, on the manufacture, processing, or distribution in commerce of the chemical substance, or any mixture or article containing the chemical substance, by such manufacturer or processor.’.CommentsClose CommentsPermalink





(2) In subsection (b)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively;CommentsClose CommentsPermalink





(C) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘A rule under subsection (a) shall include’ and all that follows through ‘during the period prescribed under subparagraph (C)’; andCommentsClose CommentsPermalink





(D) by striking the following:CommentsClose CommentsPermalink





‘(b)(1) Testing requirement rule- ’ and inserting the following:CommentsClose CommentsPermalink





‘(b) Testing Rules and Orders-CommentsClose CommentsPermalink





‘(1) The Administrator may, by rule or order, after notice and opportunity for comment, require testing in addition to the requirements for the minimum data set under subsection (a) with respect to any chemical substance or mixture and the submission of test results by a specified date, as necessary for making a safety standard determination under section 6(b) or carrying out any provision of this Act.CommentsClose CommentsPermalink





‘(2) If a manufacturer or processor is in violation of paragraph (1), the Administrator may impose penalties, pursuant to section 16, on such manufacturer or processor, or, by order, impose conditions, including prohibitions, on the manufacture, processing, or distribution in commerce of the chemical substance, or any mixture or article containing the chemical substance, by such manufacturer or processor.CommentsClose CommentsPermalink





‘(3) A rule or order under paragraph (1) shall include--CommentsClose CommentsPermalink





‘(A) identification of the chemical substance or mixture for which testing is required;CommentsClose CommentsPermalink





‘(B) the testing required and justification for such testing, and may specify test protocols and methodology for testing for such substance or mixture in accordance with section 34(c); andCommentsClose CommentsPermalink





‘(C) a specification of the period (which period may not be of unreasonable duration) within which the persons required to conduct the testing shall submit to the Administrator data developed in accordance with a methodology referred to in subparagraph (B).CommentsClose CommentsPermalink





In determining the testing, test protocols, and methodology, and period to be included, pursuant to subparagraphs (B) and (C), in a rule or order under paragraph (1), the Administrator shall consider the relative costs of the various test protocols and methodologies which may be required under the rule or order and the reasonably foreseeable availability of the facilities and personnel needed to perform the testing required under the rule or order. Any such rule or order may require the submission to the Administrator of preliminary data during the period prescribed under subparagraph (C).’;CommentsClose CommentsPermalink





(E) by amending paragraph (4), as redesignated by subparagraph (A) of this paragraph, to read as follows:CommentsClose CommentsPermalink





‘(4)(A)(i) The health and environmental effects for which testing may be prescribed include any toxicological property and any other adverse effect which may be considered in a safety standard determination under section 6(b).CommentsClose CommentsPermalink





‘(ii) The exposure information for which testing may be prescribed includes biological or environmental fate and transport, monitoring for the presence of the chemical substance or mixture (or a metabolite or degradation byproduct of the chemical substance or mixture) in animal or human biological media or environmental media, and any other exposure information which may be considered in a safety standard determination under section 6(b).CommentsClose CommentsPermalink





‘(iii) The characteristics of chemical substances and mixtures for which testing may be prescribed include persistence, bioaccumulation, and any other relevant substance characteristic which may be considered in a safety standard determination under section 6(b).CommentsClose CommentsPermalink





‘(B) The methodologies that may be prescribed in testing include epidemiologic studies, industrial hygiene surveys, biomonitoring studies, serial or hierarchical tests, in vitro tests, and whole animal tests consistent with section 34, except that before prescribing epidemiologic studies or industrial hygiene surveys of employees, the Administrator shall consult with the Director of the National Institute for Occupational Safety and Health.CommentsClose CommentsPermalink





‘(C) From time to time, but not less than once each 12 months, the Administrator shall review the adequacy of the methodology for testing prescribed in rules or orders under paragraph (1) and shall, if necessary, institute proceedings to make appropriate revisions of such methodology.’;CommentsClose CommentsPermalink





(F) in paragraph (5), as redesignated by subparagraph (A) of this paragraph--CommentsClose CommentsPermalink





(i) by striking subparagraph (B);CommentsClose CommentsPermalink





(ii) by striking ‘(A) A rule under subsection (a) respecting a chemical substance or mixture shall require the persons described in subparagraph (B)’ and inserting ‘A rule or order under paragraph (1) respecting a chemical substance or mixture shall specify the persons required’; andCommentsClose CommentsPermalink





(iii) by inserting ‘in which case all parties remain individually liable for the testing requirements’ after ‘on behalf of the persons making the designation’;CommentsClose CommentsPermalink





(G) by inserting after paragraph (5), as redesignated by subparagraph (A) of this paragraph, the following new paragraph:CommentsClose CommentsPermalink





‘(6) Any biomonitoring study of the public regarding a chemical substance or any metabolite or degradation byproduct of such substance shall be conducted by the Director of the Centers for Disease Control and Prevention in collaboration with the Administrator, at the expense of the manufacturers and processors of the chemical substance. Any biomonitoring study of employees regarding a chemical substance or any metabolite or degradation byproduct of such substance may be conducted by the relevant employer, at the expense of the manufacturers and processors of the chemical substance, in collaboration with the Director of the National Institute of Occupational Safety and Health and the Administrator.’;CommentsClose CommentsPermalink





(H) in paragraph (7), as redesignated by subparagraph (B) of this paragraph--CommentsClose CommentsPermalink





(i) by striking ‘under subsection (a)’ in both places it appears and inserting ‘or order under paragraph (1)’;CommentsClose CommentsPermalink





(ii) by striking ‘repeals the rule’ in both places it appears and inserting ‘withdraws the rule or order’; andCommentsClose CommentsPermalink





(iii) by striking ‘repeals the application of the rule’ and inserting ‘withdraws the rule or order as applied’; andCommentsClose CommentsPermalink





(I) by amending paragraph (8), as redesignated by subparagraph (B) of this paragraph, to read as follows:CommentsClose CommentsPermalink





‘(8) Rules issued under subsection (a) and paragraph (1) (and any substantive amendment thereto or repeal thereof) shall be promulgated pursuant to section 553 of title 5, United States Code.’.CommentsClose CommentsPermalink





(3) In subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by inserting ‘or order’ after ‘rule’; andCommentsClose CommentsPermalink





(ii) by striking ‘subsection (a)’ and inserting ‘subsection (a) or (b)(1)’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘under subsection (a)’ and inserting ‘under subsection (b)(1)’; andCommentsClose CommentsPermalink





(ii) by inserting ‘or order’ after ‘rule’ each place it appears;CommentsClose CommentsPermalink





(C) in paragraph (3)(B)(i), by striking ‘promulgated under subsection (a)’ and inserting ‘or order issued under subsection (b)(1)’;CommentsClose CommentsPermalink





(D) in paragraph (4)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) by striking ‘promulgated under subsection (a)’ and inserting ‘issued under subsection (b)(1)’; andCommentsClose CommentsPermalink





(II) by inserting ‘or order’ after ‘rule’ each place it appears; andCommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) by striking ‘promulgated under subsection (a)’ and inserting ‘or order issued under subsection (b)(1)’; andCommentsClose CommentsPermalink





(II) by inserting ‘or order’ after ‘such rule’; andCommentsClose CommentsPermalink





(III) by inserting ‘or order’ after ‘requirements of the rule’; andCommentsClose CommentsPermalink





(E) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) If a manufacturer or processor has submitted a declaration of permanent cessation of manufacture or processing under section 8(a)(3) for a chemical substance or mixture, the manufacturer or processor shall be exempted from the requirements of this section with regard to such chemical substance or mixture.’.CommentsClose CommentsPermalink





(4) In subsection (d)--CommentsClose CommentsPermalink





(A) by striking ‘under subsection (a)’ and inserting ‘or order issued under subsection (a) or (b)(1)’;CommentsClose CommentsPermalink





(B) by inserting ‘Such notice shall not be interpreted as meeting the requirements of the rule or order, unless otherwise indicated.’ before ‘Subject to section 14, each notice shall’; andCommentsClose CommentsPermalink





(C) by inserting ‘and be added to the public database established pursuant to section 8(d)’ after ‘Administrator for examination by any person’.CommentsClose CommentsPermalink





(5) In subsection (e)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Priority List’ and inserting ‘Interagency Testing Committee’;CommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) by striking ‘for the promulgation of a rule under subsection (a)’ and inserting ‘for listing under section 6(a)(1) and promulgation of testing rules or orders under subsection (b)(1)’;CommentsClose CommentsPermalink





(II) in clause (v), by striking ‘an unreasonable’ and inserting ‘a substantial’; andCommentsClose CommentsPermalink





(III) in the matter following clause (viii)--CommentsClose CommentsPermalink

(aa) by striking ‘cancer, gene mutations, or birth defects’ and inserting ‘adverse effects on health or the environment’;CommentsClose CommentsPermalink

(bb) by striking ‘under subsection (a)’ each place it appears and inserting ‘under subsection (b)(1)’; andCommentsClose CommentsPermalink

(cc) by striking ‘The total number of chemical substances and mixtures on the list which are designated under the preceding sentence may not, at any time, exceed 50.’; andCommentsClose CommentsPermalink

(ii) in subparagraph (B), by striking ‘rulemaking proceeding under subsection (a)’ and inserting ‘proceeding to promulgate a rule or issue an order under subsection (b)(1)’; andCommentsClose CommentsPermalink





(C) in paragraph (2)(A)--CommentsClose CommentsPermalink





(i) by striking ‘eight members’ and inserting ‘10 members’; andCommentsClose CommentsPermalink





(ii) by adding at the end the following new clauses:CommentsClose CommentsPermalink





‘(ix) One member appointed by the Commissioner of the Food and Drug Administration from officers or employees of the Administration.CommentsClose CommentsPermalink





‘(x) One member appointed by the Chairman of the Consumer Product Safety Commission from officers or employees of the Commission.’.CommentsClose CommentsPermalink





(6) By amending subsection (f) to read as follows:CommentsClose CommentsPermalink





‘(f) Requests From Other Federal Agencies for Additional Information or Testing-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If a Federal agency determines that information relating to a chemical substance or mixture, including data derived from new testing or monitoring, would assist such agency in carrying out duties or exercising authority of such agency, but such information is not available to the agency, such agency may request the Administrator to seek such information on its behalf.CommentsClose CommentsPermalink





‘(2) DUTY OF ADMINISTRATOR- Not later than 60 days after the date of receipt of a request under paragraph (1), the Administrator shall--CommentsClose CommentsPermalink





‘(A) if in possession of the requested data, make such data available to the requesting agency, subject to section 14;CommentsClose CommentsPermalink





‘(B) issue an order, under section 8(b)(1), requiring the submission of existing data to the requesting agency and to the Administrator;CommentsClose CommentsPermalink





‘(C) issue a rule or order, under subsection (b), to develop such data, and require such data be furnished to the requesting agency and to the Administrator; orCommentsClose CommentsPermalink





‘(D) publish in the Federal Register the reason for not taking any of the actions described in subparagraphs (A) through (C).’.CommentsClose CommentsPermalink





(7) By striking subsection (g).CommentsClose CommentsPermalink

SEC. 5. MANUFACTURING AND PROCESSING NOTICES.

Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is amended as follows:CommentsClose CommentsPermalink





(1) By amending subsection (a) to read as follows:CommentsClose CommentsPermalink





‘(a) New Chemical Substances and Mixtures and New Uses of Chemical Substances and Mixtures-CommentsClose CommentsPermalink





‘(1) Except as provided in subsection (d), no person may manufacture or process a new chemical substance or mixture, or manufacture or process any chemical substance or mixture for a use which the Administrator has determined, in accordance with paragraph (2), is a new use, unless--CommentsClose CommentsPermalink





‘(A) such person submits to the Administrator, at least 90 days before such manufacture or processing, a notice, in accordance with subsection (c) and section 8(i), of such person’s intention to manufacture or process such chemical substance or mixture and such person complies with any applicable requirement of subsection (b); andCommentsClose CommentsPermalink





‘(B) the Administrator finds that--CommentsClose CommentsPermalink





‘(i) such use is a critical use as determined pursuant to section 6(e);CommentsClose CommentsPermalink





‘(ii) in the case of a chemical substance or mixture that has not already been determined to meet the safety standard under section 6(b), the chemical substance or mixture meets the safety standard under section 6(b), with or without conditions; orCommentsClose CommentsPermalink





‘(iii) in the case of a chemical substance or mixture that has already been determined to meet the safety standard under section 6(b) without inclusion of the proposed new use, the chemical substance or mixture continues to meet the safety standard under section 6 for all intended uses including the new use, with or without conditions.CommentsClose CommentsPermalink





‘(2) A use shall be determined by the Administrator to be new if--CommentsClose CommentsPermalink





‘(A) the chemical substance or mixture has already received a safety standard determination under section 6(b) which did not include the use; orCommentsClose CommentsPermalink





‘(B) the proposed use will result in manufacturing or processing of the chemical substance or mixture at a significantly increased volume, as determined by the Administrator, above that considered in the safety standard determination under section 6(b).CommentsClose CommentsPermalink





‘(3) Not later than 30 days after the date on which a manufacturer or processor commences manufacturing or processing of a new chemical substance or mixture or commences manufacturing or processing of a chemical substance or mixture for a new use, the manufacturer or processor shall submit to the Administrator a notice of commencement of manufacture or processing.’.CommentsClose CommentsPermalink





(2) By amending subsection (b) to read as follows:CommentsClose CommentsPermalink





‘(b) Submission of Data for Uses and Manufacturers or Processors Not Previously Declared-CommentsClose CommentsPermalink





‘(1) For a chemical substance or mixture which is not new that has not yet received a safety standard determination under section 6(b), any manufacturer or processor who manufactures, processes, or distributes in commerce the chemical substance or mixture for a use that has not previously been declared under section 8(a), shall submit the declaration required by section 8(a) within 6 months of initiating manufacture, processing, or distribution, for that use.CommentsClose CommentsPermalink





‘(2) Any manufacturer or processor who manufactures, processes, or distributes in commerce a chemical substance for a use that the particular manufacturer or processor has not previously declared under section 8(a), even where such use has previously been declared by another party, shall submit the declaration required by section 8(a) within 6 months of initiating manufacture, processing, or distribution for that use.CommentsClose CommentsPermalink





‘(3) For any chemical substance subject to a Significant New Use Rule pursuant to part 721 of title 40, Code of Federal Regulations, as of the date of enactment of the Toxic Chemicals Safety Act of 2010, the requirements of that rule shall apply to all manufacturers and processors of the chemical substance whether or not the Administrator determines a use to be new pursuant to subsection (a), unless and until the chemical substance receives a safety standard determination and, if appropriate, conditions or prohibitions are imposed pursuant to section 6, after which the Significant New Use Rule shall cease to apply.CommentsClose CommentsPermalink





‘(4) For a chemical substance or mixture that is subject to a rule or order under section 4, the manufacturer or processor of such chemical for any use which has not previously been declared under section 8 shall submit to the Administrator any data required in accordance with such rule or order with the notice under subsection (a)(1)(A) or the declaration under this subsection, as appropriate.CommentsClose CommentsPermalink





‘(5) Not later than 90 days after submission of a notice under subsection (a)(1)(A), and data under paragraph (4), if required, the Administrator shall determine, pursuant to subsection (a)(1)(B), whether the use is a critical use or whether a safety standard determination is required by that paragraph. Not later than 9 months after the date of such determination, the Administrator shall complete any such required safety standard determination. The Administrator’s failure to make a determination pursuant to this paragraph in a timely manner shall not be deemed to satisfy subsection (a)(1)(B).’.CommentsClose CommentsPermalink





(3) By striking subsection (c) and redesignating subsection (d) as subsection (c).CommentsClose CommentsPermalink





(4) By amending subsection (c), as redesignated by paragraph (3) of this section, to read as follows:CommentsClose CommentsPermalink





‘(c) Content of Notice; Publications- The notice required by subsection (a)(1)(A) shall include--CommentsClose CommentsPermalink





‘(1) the declaration under section 8(a)(2);CommentsClose CommentsPermalink





‘(2) the minimum data set, as defined pursuant to section 4(a); andCommentsClose CommentsPermalink





‘(3) a statement that the chemical substance or mixture is reasonably anticipated to meet or continue to meet the safety standard under section 6(b), and a justification for such statement.CommentsClose CommentsPermalink





Such a notice shall be made available, subject to section 14, in the public database established pursuant to section 8(d).’;CommentsClose CommentsPermalink





(5) By striking subsections (e), (f), and (g), and redesignating subsections (h) and (i) as subsections (d) and (e), respectively.CommentsClose CommentsPermalink





(6) In subsection (d), as redesignated by paragraph (5) of this section--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) through (3) as paragraphs (3) through (5), respectively;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;CommentsClose CommentsPermalink





(C) by striking paragraph (4);CommentsClose CommentsPermalink





(D) by inserting, before paragraph (3), as redesignated by subparagraph (A) of this paragraph, the following new paragraphs:CommentsClose CommentsPermalink





‘(1) Any new chemical substance or new use of a chemical substance or mixture approved pursuant to section 35 as a safer alternative shall be exempt from the requirements of this section.CommentsClose CommentsPermalink





‘(2) The Administrator may exempt any new chemical substance or new use of a chemical substance or mixture from the requirements of this section pursuant to section 39.’;CommentsClose CommentsPermalink





(E) in paragraph (3), as redesignated by subparagraph (A) of this paragraph--CommentsClose CommentsPermalink





(i) by inserting ‘and by order,’ after ‘upon application,’; andCommentsClose CommentsPermalink





(ii) by striking ‘any unreasonable’ and inserting ‘a substantial’;CommentsClose CommentsPermalink





(F) in paragraph (4), as redesignated by subparagraph (A) of this paragraph--CommentsClose CommentsPermalink





(i) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink





‘(A) The Administrator shall exempt any person from the requirement to submit data for a chemical substance or mixture pursuant to subsection (b)(4), if upon receipt of an application from such person, the Administrator determines that--CommentsClose CommentsPermalink





‘(i) the chemical substance or mixture with respect to which such application was submitted is equivalent to a chemical substance or mixture for which data has been submitted to the Administrator as required by this Act; andCommentsClose CommentsPermalink





‘(ii) submission of data by the applicant on such substance or mixture would be duplicative of data which has been submitted to the Administrator in accordance with subsection (b)(4).CommentsClose CommentsPermalink





No exemption which is granted under this subparagraph with respect to the submission of data for a chemical substance or mixture may take effect before the beginning of the reimbursement period applicable to such data.’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘subsection (b)(2)’ each place it appears and inserting ‘subsection (b)(4)’;CommentsClose CommentsPermalink





(G) in paragraph (6), as redesignated by subparagraph (B) or this paragraph, by inserting ‘, including occupational exposure’ after ‘human or environmental exposure’; andCommentsClose CommentsPermalink





(H) in paragraph (7), as redesignated by subparagraph (B) of this paragraph, by striking ‘(1) or (5)’ and inserting ‘(3) or (6)’.CommentsClose CommentsPermalink

SEC. 6. PRIORITIZATION, SAFETY STANDARD DETERMINATION, AND RISK MANAGEMENT.

(a) Safety Standard Determination- Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended as follows:CommentsClose CommentsPermalink





(1) By amending the section heading to read as follows: ‘prioritization, safety standard determination, and risk management’.CommentsClose CommentsPermalink





(2) By striking subsection (d).CommentsClose CommentsPermalink





(3) By redesignating subsections (e) and (f) as subsections (f) and (g), respectively.CommentsClose CommentsPermalink





(4) By redesignating subsections (a) through (c) as subsections (c) through (e), respectively.CommentsClose CommentsPermalink





(5) By inserting before subsection (c), as redesignated by paragraph (4) of this subsection, the following new subsections:CommentsClose CommentsPermalink





‘(a) Priority List for Safety Standard Determinations-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT OF LIST-CommentsClose CommentsPermalink





‘(A) As of the date of enactment of the Toxic Chemicals Safety Act of 2010, there shall be established a list of chemical substances for which safety standard determinations under this section shall first be made, which shall consist of the following chemical substances:CommentsClose CommentsPermalink





‘(i) Bisphenol A.CommentsClose CommentsPermalink





‘(ii) Formaldehyde.CommentsClose CommentsPermalink





‘(iii) N-Hexane.CommentsClose CommentsPermalink





‘(iv) Hexavalent chromium.CommentsClose CommentsPermalink





‘(v) Methylene chloride.CommentsClose CommentsPermalink





‘(vi) Trichloroethylene.CommentsClose CommentsPermalink





‘(vii) Vinyl chloride.CommentsClose CommentsPermalink





‘(viii) The following phthalates:CommentsClose CommentsPermalink





‘(I) Benzylbutyl phthalate.CommentsClose CommentsPermalink





‘(II) Dibutyl phthalate.CommentsClose CommentsPermalink





‘(III) Diethylhexyl phthalate.CommentsClose CommentsPermalink





‘(IV) Di-isodecyl phthalate.CommentsClose CommentsPermalink





‘(V) Di-isononyl phthalate.CommentsClose CommentsPermalink





‘(VI) Di-n-hexyl phthalate.CommentsClose CommentsPermalink





‘(VII) Di-n-octyl phthalate.CommentsClose CommentsPermalink





‘(ix) Perchlorate.CommentsClose CommentsPermalink





‘(x) Tetrachloroethylene.CommentsClose CommentsPermalink





‘(xi) Tris (1,3-dichloro-2-propyl) phosphate.CommentsClose CommentsPermalink





‘(xii) Tris (2-chloroethyl) phosphate.CommentsClose CommentsPermalink





‘(xiii) Tris (2,3-dibromopropyl) phosphate.CommentsClose CommentsPermalink





‘(B) Not later than 12 months after the date of enactment of the Toxic Chemicals Safety Act of 2010, the Administrator shall update the list established in subparagraph (A) and publish in the Federal Register, after notice and opportunity for comment, the updated list which shall consist of not fewer than 300 chemical substances, along with a justification for such listing. Chemical substances shall be listed at the Administrator’s discretion, based on available scientific evidence and consideration of their hazard, exposure, or risk relative to other chemical substances, aggregate or cumulative exposure, evidence of exposure to humans including presence in human or animal biological and environmental media including in the workplace, use, volume of manufacture, toxicological properties, persistence, bioaccumulation, or other properties indicating risk.CommentsClose CommentsPermalink





‘(2) UPDATING OF LIST- The Administrator shall--CommentsClose CommentsPermalink





‘(A) remove a chemical substance from the list under paragraph (1) only after the safety standard determination has been made for such chemical substance pursuant to subsection (b); andCommentsClose CommentsPermalink





‘(B) add chemical substances to the list periodically so that the number of chemical substances on the list will not be fewer than 300 at any given time, until such time as all chemical substances manufactured, processed, or distributed in commerce have been listed, have received a safety standard determination, or have been exempted from the requirement to receive a safety standard determination pursuant to section 35 or section 39. Additions to the list shall be consistent with paragraph (1) and, to the extent practicable, based on consideration of hazard, exposure, or risk relative to listed chemical substances. Such additions to the list may be made in response to petitions under section 21 or recommendations from the Interagency Testing Committee under section 4(e).CommentsClose CommentsPermalink





‘(3) MIXTURES- The Administrator may add a mixture to the priority list based on available scientific evidence and the considerations for listing described in paragraph (1).CommentsClose CommentsPermalink





‘(b) Safety Standard Determinations-CommentsClose CommentsPermalink





‘(1) SAFETY STANDARD-CommentsClose CommentsPermalink





‘(A) The Administrator shall apply, as the safety standard under this title, a standard that takes into account aggregate exposure to a chemical substance or mixture and ensures that, for all intended uses--CommentsClose CommentsPermalink





‘(i) with regard to public health, there is a reasonable certainty that no harm will result, including to vulnerable populations; andCommentsClose CommentsPermalink





‘(ii) the public welfare is protected.CommentsClose CommentsPermalink





‘(B) In making a determination under this subsection, the Administrator shall consider, among other relevant factors---CommentsClose CommentsPermalink





‘(i) the lifecycle of the chemical substance or mixture; andCommentsClose CommentsPermalink





‘(ii) available information concerning the cumulative effects of exposure to chemical substances or mixtures.CommentsClose CommentsPermalink





‘(2) BURDEN OF PROOF- The manufacturers and processors of a chemical substance or mixture shall bear the burden of proving that the chemical substance or mixture meets the safety standard.CommentsClose CommentsPermalink





‘(3) DETERMINATION-CommentsClose CommentsPermalink





‘(A) For each chemical substance or mixture listed under subsection (a), the Administrator shall determine whether the chemical substance or mixture meets the safety standard, taking into account any existing conditions or controls already in effect, or can be made to meet the safety standard through the imposition of additional conditions under subsection (c), and whether intended uses that do not meet the safety standard are critical. In making this determination, the Administrator may consider exposures associated with known or foreseeable uses that are not intended uses identified by the manufacturers and processors of the substance or mixture.CommentsClose CommentsPermalink





‘(B) The determination under subparagraph (A) shall be made in keeping with standards for assessment developed under paragraph (4).CommentsClose CommentsPermalink





‘(C) Except as provided in subparagraph (D), the determination under subparagraph (A) shall be completed and published not later than 30 months after the date on which the chemical substance or mixture is placed on the priority list, or, for a chemical substance listed in subsection (a)(1)(A), not later than 18 months after the date of enactment of the Toxic Chemicals Safety Act of 2010.CommentsClose CommentsPermalink





‘(D) In assessing risk to make the determination under subparagraph (A), the Administrator may require the submission of additional information by the manufacturer or processor. If additional information is required, the determination shall be completed and published not later than 12 months after the submission of all required information. Failure to submit required information in the period specified in section 4(b)(3)(C), as applicable, or by such other reasonable deadlines as the Administrator shall establish shall constitute grounds for determining that the chemical substance or mixture does not meet the safety standard.CommentsClose CommentsPermalink





‘(4) STANDARDS FOR ASSESSMENT OF DATA-CommentsClose CommentsPermalink





‘(A) Not later than 18 months after the date of enactment of the Toxic Chemicals Safety Act of 2010, the Administrator shall, after providing for notice and opportunity for comment, develop and publish guidance regarding the use of science in making determinations under this subsection. In developing such guidance, the Administrator shall rely upon the recommendations of the National Academy of Sciences report entitled ‘Science and Decisions’.CommentsClose CommentsPermalink





‘(B) Not later than 5 years after the date of enactment of the Toxic Chemicals Safety Act of 2010, and not less often than once every 5 years thereafter, the Administrator shall review the guidance under this paragraph and may revise the guidance to reflect new scientific developments or understanding.CommentsClose CommentsPermalink





‘(5) PUBLICATION- The Administrator shall make publicly available, and enter into the public database established pursuant to section 8(d), the determination made pursuant to paragraph (3) with a list of allowed uses and any conditions on those uses necessary to ensure that the safety standard is met.CommentsClose CommentsPermalink





‘(6) RENEWAL AND REDETERMINATION- The determination made pursuant to paragraph (3) regarding a chemical substance or mixture shall remain in effect for 15 years, except that the Administrator shall make a redetermination pursuant to paragraph (3) if a new use of such chemical substance or mixture is proposed under section 5, or new information related to such chemical substance or mixture raises a credible question as to whether the chemical substance or mixture continues to meet the safety standard. The Administrator may renew a determination made pursuant to paragraph (3) for additional 15 year periods. The burden of proof for renewal of a determination or redetermination shall remain with the manufacturers and processors of each chemical substance or mixture.CommentsClose CommentsPermalink





‘(7) FAILURE TO MEET DEADLINES- If the Administrator fails to publish or renew a determination or publish a redetermination by the applicable deadline pursuant to this subsection, the Administrator shall promptly publish notice of such failure in the Federal Register, identifying the chemical substance or mixture and any information gaps that have impeded the determination, shall prohibit new manufacturers or processors or new uses of the chemical substance or mixture until the determination is published, and shall require manufacturers and processors of the chemical substance or mixture to provide, within a reasonable timeframe as determined by the Administrator, written notice to the public, their employees and their commercial customers that a safety standard determination of the chemical substance or mixture is pending.’.CommentsClose CommentsPermalink





(6) By amending subsection (c), as redesignated by paragraph (4) of this subsection, to read as follows:CommentsClose CommentsPermalink





‘(c) Risk Management-CommentsClose CommentsPermalink





‘(1) CHEMICAL SUBSTANCES AND MIXTURES DETERMINED TO MEET THE SAFETY STANDARD WITHOUT CONDITIONS- A chemical substance or mixture, for which the Administrator has determined, pursuant to subsection (b)(3), that the chemical substance or mixture meets the safety standard without imposition of conditions under this subsection, may be manufactured, processed, and distributed in commerce for uses identified and included in the safety standard determination. The Administrator may make such determination contingent on the continuation of conditions or controls already in effect, if any.CommentsClose CommentsPermalink





‘(2) CHEMICAL SUBSTANCES AND MIXTURES DETERMINED TO MEET THE SAFETY STANDARD WITH CONDITIONS- Except as the Administrator determines pursuant to subsection (e), a chemical substance or mixture, for which the Administrator has determined, pursuant to subsection (b)(3), that imposition of conditions under this subsection is required to ensure that the chemical substance or mixture meets the safety standard, shall be subject to conditions on manufacture, processing, use, distribution in commerce, or disposal, as specified by the Administrator. Such conditions shall be identified in a manner that ensures effective and efficient protection of health and the environment and may include:CommentsClose CommentsPermalink





‘(A) A requirement--CommentsClose CommentsPermalink





‘(i) prohibiting the manufacturing, processing, or distribution in commerce of such substance or mixture; orCommentsClose CommentsPermalink





‘(ii) limiting the amount of such substance or mixture which may be manufactured, processed, or distributed in commerce.CommentsClose CommentsPermalink





‘(B) A requirement--CommentsClose CommentsPermalink





‘(i) prohibiting the manufacture, processing, or distribution in commerce of such substance or mixture for--CommentsClose CommentsPermalink





‘(I) a particular use; orCommentsClose CommentsPermalink





‘(II) a particular use in a concentration in excess of a level specified by the Administrator in the safety standard determination; orCommentsClose CommentsPermalink





‘(ii) limiting the amount of such substance or mixture which may be manufactured, processed, or distributed in commerce for--CommentsClose CommentsPermalink





‘(I) a particular use; orCommentsClose CommentsPermalink





‘(II) a particular use in a concentration in excess of a level specified by the Administrator in the safety standard determination.CommentsClose CommentsPermalink





‘(C) A requirement that such substance or mixture, or any article containing such substance or mixture, be marked with or accompanied by clear and adequate warnings and instructions with respect to its use, distribution in commerce, or disposal or with respect to any combination of such activities. The form and content of such warnings and instructions shall be prescribed by the Administrator or by the appropriate agency as determined under section 9, and shall be consistent with the Globally Harmonized System of Labeling and Classification of Chemicals.CommentsClose CommentsPermalink





‘(D) A requirement that manufacturers and processors of such substance or mixture make and retain records of the processes used to manufacture or process such substance or mixture, or any article containing such substance or mixture, and monitor or conduct tests which are reasonable and necessary to assure compliance with the requirements of any rule applicable under this paragraph.CommentsClose CommentsPermalink





‘(E) A requirement prohibiting or otherwise regulating any manner or method of manufacturing, processing, distribution in commerce or commercial use of such substance or mixture.CommentsClose CommentsPermalink





‘(F) A requirement that prescribes specific control measures to reduce occupational exposures shall reflect the industrial hygiene hierarchy of controls.CommentsClose CommentsPermalink





‘(G)(i) A requirement prohibiting or otherwise regulating any manner or method of disposal of such substance or mixture, or of any article containing such substance or mixture, by its manufacturer or processor or by any other person who uses, or disposes of, it for commercial purposes.CommentsClose CommentsPermalink





‘(ii) A requirement under clause (i) may not require any person to take any action which would be in violation of any law or requirement of, or in effect for, a State or political subdivision, and shall require each person subject to it to notify each State and political subdivision or tribe in which a required disposal may occur of such disposal.CommentsClose CommentsPermalink





‘(H) A requirement that the manufacturers and processors of such chemical substance or mixture, or article containing such chemical substance or mixture, develop a risk reduction management plan to achieve a risk reduction specified by the Administrator. For all cases in which a risk reduction management plan requires a reduction in occupational exposure, the specified level or risk reduction is to be achieved through application of the industrial hygiene hierarchy of controls.CommentsClose CommentsPermalink





Where the Administrator determines that conditions under this subsection are necessary to ensure that a chemical substance or mixture meets the safety standard, the Administrator shall require that such conditions be met within one year after publication of the determination under subsection (b), or as quickly as feasible and in no case later than 3 years after such publication. The Administrator, in determining the deadline for compliance with conditions pursuant to this subsection, shall consider human health and the environment as the primary and paramount concern, and shall also consider the technological feasibility of compliance, the economic impact of compliance, the benefits of earlier compliance, and other relevant considerations. After the date or dates on which conditions become effective, no person shall manufacture, process, use for commercial purposes, distribute in commerce, or dispose of the chemical substance or mixture, or any article containing such substance or mixture, unless the applicable conditions of the determination are met with respect to that person’s activities.CommentsClose CommentsPermalink





‘(3) CHEMICAL SUBSTANCES AND MIXTURES DETERMINED NOT TO MEET THE SAFETY STANDARD- Except as the Administrator determines pursuant to subsection (e):CommentsClose CommentsPermalink





‘(A) If the Administrator determines that an existing chemical substance or mixture has not been proven to meet the safety standard, pursuant to subsection (b)(3), effective 1 year after publication of that determination, or as quickly as feasible and in no case later than 3 years after such publication, no person shall manufacture, process, use for commercial purposes or distribute in commerce the chemical substance or mixture. The Administrator, in determining the deadline for compliance with this subsection, shall consider human health and the environment as the primary and paramount concern, and shall also consider the technological feasibility of compliance, the economic impact of compliance, and other relevant considerations.CommentsClose CommentsPermalink





‘(B) If the Administrator determines that a new chemical substance or mixture has not been proven to meet the safety standard, no person shall manufacture, process, or distribute in commerce the new chemical substance or mixture.CommentsClose CommentsPermalink





‘(C) If the Administrator determines that an existing chemical substance or mixture has not been proven to meet the safety standard for a new use, no person shall manufacture, process, use, or distribute in commerce the existing chemical substance or mixture for the new use.’.CommentsClose CommentsPermalink





(7) In subsection (d), as redesignated by paragraph (4) of this subsection, by striking ‘present an unreasonable’ each place it appears and inserting ‘present a significant’.CommentsClose CommentsPermalink





(8) By amending subsection (e), as redesignated by paragraph (4) of this subsection, to read as follows:CommentsClose CommentsPermalink





‘(e) Critical Use Exemptions-CommentsClose CommentsPermalink





‘(1) Exemptions from restrictions on manufacture, processing, use, distribution in commerce, or disposal imposed under subsection (c) may be requested for a specific use by a manufacturer or processor of a chemical substance or mixture, and may be granted by the Administrator, after providing public notice and opportunity for comment, if the Administrator determines that the manufacturer or processor has demonstrated by clear and convincing evidence that--CommentsClose CommentsPermalink





‘(A)(i) an exemption for the specific use is in the paramount interest of national security as determined under section 22;CommentsClose CommentsPermalink





‘(ii) the restriction would significantly disrupt the national economy; orCommentsClose CommentsPermalink





‘(iii) the specific use is a critical or essential use; andCommentsClose CommentsPermalink





‘(B)(i) no feasible safer alternative for the specified use is available; orCommentsClose CommentsPermalink





‘(ii) the specified use of the chemical substance or mixture provides a net benefit to health or the environment when compared to all available alternatives.CommentsClose CommentsPermalink





‘(2) Exemptions granted under paragraph (1) shall expire after a period not to exceed 5 years, but may be renewed for one or more additional 5 year periods if the Administrator finds that the use continues to meet the requirements of paragraph (1).CommentsClose CommentsPermalink





‘(3) Notice of any exemption granted under this subsection shall be provided--CommentsClose CommentsPermalink





‘(A) to known commercial purchasers by the manufacturers and processors of the subject chemical substance or mixture; andCommentsClose CommentsPermalink





‘(B) to the public by the Administrator.CommentsClose CommentsPermalink





‘(4) The Administrator shall impose conditions on any use receiving an exemption under this subsection to reduce risk from the chemical substance or mixture to the greatest extent feasible. Such conditions shall take effect upon the granting of such exemption under paragraph (1). For cases in which such conditions are related to occupational exposure, exposure shall be controlled through application of the industrial hygiene hierarchy of controls.’.CommentsClose CommentsPermalink





(9) In subsection (f), as redesignated by paragraph (3) of this subsection--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking ‘an unreasonable risk of injury to health or the environment’ and inserting ‘a substantial risk of injury to health or the environment, and will comply with section 37 and any regulations prescribed thereunder’;CommentsClose CommentsPermalink





(B) in paragraph (3)(B)--CommentsClose CommentsPermalink





(i) in clause (i)--CommentsClose CommentsPermalink





(I) by striking ‘an unreasonable’ and inserting ‘a substantial’; andCommentsClose CommentsPermalink





(II) by striking ‘, and’ and inserting a semicolon;CommentsClose CommentsPermalink





(ii) in clause (ii)--CommentsClose CommentsPermalink





(I) by striking ‘which does not present an unreasonable risk of injury to health or the environment’ and inserting ‘that meets the safety standard under subsection (b)’; andCommentsClose CommentsPermalink





(II) by inserting ‘and’ after ‘biphenyl;’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(iii) the terms of the exemption will comply with section 37 and any regulations prescribed thereunder.’;CommentsClose CommentsPermalink





(C) by striking paragraph (4); andCommentsClose CommentsPermalink





(D) by redesignating paragraph (5) as paragraph (4).CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for the Toxic Substances Control Act is amended by amending the item relating to section 6 to read as follows:CommentsClose CommentsPermalink





‘Sec. 6. Prioritization, safety standard determination, and risk management.’.CommentsClose CommentsPermalink

SEC. 7. IMMINENT HAZARDS.

Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) is amended as follows:CommentsClose CommentsPermalink





(1) By amending subsection (a) to read as follows:CommentsClose CommentsPermalink





‘(a) Actions Authorized and Required-CommentsClose CommentsPermalink





‘(1) CIVIL ACTION- The Administrator may commence a civil action in an appropriate district court of the United States for--CommentsClose CommentsPermalink





‘(A) seizure of a chemical substance or mixture or any article containing such a substance or mixture, that may present an imminent and substantial endangerment to health or the environment;CommentsClose CommentsPermalink





‘(B) relief (as authorized by subsection (b)) against any person who manufactures, processes, distributes in commerce, uses, or disposes of, a chemical substance or mixture or any article containing such a substance or mixture, that may present an imminent and substantial endangerment to health or the environment; orCommentsClose CommentsPermalink





‘(C) both such seizure described in subparagraph (A) and relief described in subparagraph (B).CommentsClose CommentsPermalink





‘(2) OTHER ACTIONS- The Administrator may issue such orders as may be necessary to protect health or the environment from a chemical substance or mixture or article containing such substance or mixture that may present an imminent and substantial endangerment to health or the environment. Such orders may include any requirements on the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or article containing such substance or mixture, as the Administrator determines are necessary to protect health or the environment, including the conditions that may be imposed under section 6(c)(2) and the relief authorized in subsection (b) of this section.CommentsClose CommentsPermalink





‘(3) RELATIONSHIP TO EXISTING RULES, ORDERS, AND PROCEEDINGS- A civil action may be commenced under paragraph (1) or other action may be taken under paragraph (2), notwithstanding the existence of a rule or order under this Act and notwithstanding the pendency of any administrative or judicial proceeding under this Act.’.CommentsClose CommentsPermalink





(2) In subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘subsection (a)’ and inserting ‘subsection (a)(1)’; andCommentsClose CommentsPermalink





(ii) by striking ‘unreasonable risk’ and inserting ‘imminent and substantial endangerment’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘subsection (a)’ and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink





(ii) by striking ‘or distributes in commerce’ and inserting ‘distributes in commerce, uses, or disposes of’;CommentsClose CommentsPermalink





(iii) by striking ‘risk’ each place it appears and inserting ‘hazard’; andCommentsClose CommentsPermalink





(iv) by striking ‘or (E)’ and inserting ‘(E) conditions that may be imposed under section 6(c); or (F)’; andCommentsClose CommentsPermalink





(C) in paragraph (3), by striking ‘subsection (a)’ and inserting ‘subsection (a)(1)’.CommentsClose CommentsPermalink





(3) In subsection (c), by striking ‘subsection (a)’ each place it appears and inserting ‘subsection (a)(1)’.CommentsClose CommentsPermalink





(4) By amending subsection (d) to read as follows:CommentsClose CommentsPermalink





‘(d) Action Under Section 6- As appropriate, concurrently with the filing of an action under subsection (a)(1) or as soon thereafter as may be practicable, the Administrator shall add the subject chemical substance or mixture to the priority list under section 6(a) or initiate a redetermination of whether the subject chemical substance or mixture meets the safety standard under section 6(b).’.CommentsClose CommentsPermalink





(5) In subsection (e), by striking ‘subsection (a)’ and inserting ‘subsection (a)(1)’.CommentsClose CommentsPermalink





(6) By striking subsection (f).CommentsClose CommentsPermalink

SEC. 8. REPORTING AND RETENTION OF INFORMATION.

Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and redesignating subsection (b) as subsection (c);CommentsClose CommentsPermalink





(2) by redesignating subsection (e) as subsection (h);CommentsClose CommentsPermalink





(3) by redesignating subsection (c) as subsection (e);CommentsClose CommentsPermalink





(4) by striking subsection (d);CommentsClose CommentsPermalink





(5) by redesignating subsection (f) as subsection (j);CommentsClose CommentsPermalink





(6) by inserting before subsection (c), as redesignated by paragraph (1) of this section, the following new subsections:CommentsClose CommentsPermalink





‘(a) Declarations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- (A) Each manufacturer or processor of a chemical substance distributed in commerce shall submit to the Administrator a declaration described in paragraph (2) or (3), accompanied by the certification described in subsection (i), not later than 1 year after the date of enactment of the Toxic Chemicals Safety Act of 2010 or 1 year after commencement of such manufacturing or processing, whichever is earlier.CommentsClose CommentsPermalink





‘(B) The Administrator may additionally require submission of a declaration described in paragraph (2) or (3), accompanied by the certification described in subsection (i), from any manufacturer or processor of a mixture determined by the Administrator to have substance characteristics different from the substance characteristics of the constituent chemical substances, in kind or degree.CommentsClose CommentsPermalink





‘(2) DECLARATION OF CURRENT MANUFACTURE OR PROCESSING- A declaration described in this paragraph is a statement that includes, for each chemical substance or mixture that is manufactured or processed by a manufacturer or processor--CommentsClose CommentsPermalink





‘(A) the chemical identity of the chemical substance or mixture;CommentsClose CommentsPermalink





‘(B) the name and location of each facility under the control of the manufacturer or processor at which the chemical substance or mixture is manufactured or processed or from which the chemical substance or mixture is distributed in commerce;CommentsClose CommentsPermalink





‘(C) the number of individuals exposed, and reasonable estimates of the number who will be exposed, to such substance or mixture in their places of employment and the duration of such exposure;CommentsClose CommentsPermalink





‘(D) a list of health and safety studies conducted or initiated by or for, known to, or reasonably ascertainable by the manufacturer or processor with respect to the chemical substance or mixture, and copies of any such studies that have not previously been submitted to the Administrator by the manufacturer or processor; andCommentsClose CommentsPermalink





‘(E) all other information known to, in the possession or control of, or reasonably ascertainable by the manufacturer or processor that has not previously been submitted to the Administrator by the manufacturer or processor regarding--CommentsClose CommentsPermalink





‘(i) the physical, chemical, and toxicological properties of the chemical substance or mixture, including classification of the toxicity of the chemical in accordance with the Globally Harmonized System for Hazard Communication;CommentsClose CommentsPermalink





‘(ii) the categories or proposed categories of intended use of each such substance or mixture;CommentsClose CommentsPermalink





‘(iii) the total amount of each substance and mixture manufactured or processed, reasonable estimates of the total amount to be manufactured or processed, the amount manufactured or processed for each of its categories of use, and reasonable estimates of the amount to be manufactured or processed for each of its categories of use or proposed categories of use;CommentsClose CommentsPermalink





‘(iv) a description of the byproducts resulting from the manufacture, processing, use, or disposal of each such substance or mixture;CommentsClose CommentsPermalink





‘(v) exposure information relating to the chemical substance or mixture;CommentsClose CommentsPermalink





‘(vi) any condition or conditions currently placed on the chemical substance or mixture due to regulation under any Federal law or due to voluntary action; andCommentsClose CommentsPermalink





‘(vii) for a processor of a chemical substance, any information indicating that a mixture including the chemical substance has substance characteristics that are different from the substance characteristics of the named chemical substances, in kind or degree.CommentsClose CommentsPermalink





To the extent feasible, the Administrator shall not require under paragraph (1), any reporting which is unnecessary or duplicative.CommentsClose CommentsPermalink





‘(3) DECLARATION OF PERMANENT CESSATION OF MANUFACTURING OR PROCESSING- A manufacturer or processor that permanently ceases manufacture or processing of a chemical substance or mixture shall file a declaration certifying that the manufacturer or processor has permanently ceased all manufacturing or processing of the chemical substance or mixture, not later than 180 days after cessation is complete. A declaration under this paragraph may be filed based on an intention to permanently cease manufacture or processing, in which case such cessation must be completed not later than 180 days after the declaration is filed.CommentsClose CommentsPermalink





‘(4) UPDATING OF DECLARATION- Each manufacturer or processor of a chemical substance or mixture that submits to the Administrator a declaration required under paragraph (2) shall submit an update of the previously submitted declaration to the Administrator, at a minimum, once every 3 years, and immediately, at any time at which there becomes known or available to, in the possession or control of, or reasonably ascertainable by the manufacturer or processor, significant new information regarding a physical, chemical, toxicological property or use of, or exposure to, the chemical substance or mixture, indicating a new potential adverse effect of the chemical substance or mixture, suggesting an adverse effect at a lower dose than previously demonstrated, or otherwise reasonably relevant to an analysis of whether the chemical substance or mixture meets the safety standard under section 6.CommentsClose CommentsPermalink





‘(5) RECORDS TO SUPPORT DECLARATIONS- Each manufacturer or processor of a chemical substance, substance, or mixture, as applicable, distributed in commerce shall maintain records of the information described in subparagraphs (A) through (E) of paragraph (2).CommentsClose CommentsPermalink





‘(6) PROHIBITION- The Administrator may impose penalties, pursuant to section 16, on a manufacturer or processor in violation of paragraphs (1) or (4), or, by order, prohibit, or otherwise impose conditions under section 6(c), on the manufacture, processing, or distribution in commerce of a chemical substance or mixture, or any article containing such chemical substance or mixture, by a manufacturer or processor in violation of such paragraphs.CommentsClose CommentsPermalink





‘(b) Recordkeeping and Reports-CommentsClose CommentsPermalink





‘(1) The Administrator may, by rule or order, require any person who manufactures, processes, distributes in commerce, uses for commercial purposes, repackages, or disposes of a chemical substance, mixture, or article containing such substance or mixture (other than as described in paragraph (2)) to maintain records of and submit reports by a specified date, to supply any information concerning the chemical substance, mixture, or article containing such substance or mixture that, in the judgment of the Administrator, would assist the Administrator in--CommentsClose CommentsPermalink





‘(A) making a safety standard determination with respect to a chemical substance or mixture under this title; orCommentsClose CommentsPermalink





‘(B) administering any other provision of this Act.CommentsClose CommentsPermalink





‘(2) With respect to the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture in small quantities (as defined by the Administrator by rule) solely for purposes of scientific experimentation or analysis or chemical research, including any such research or analysis for the development of a product, the Administrator may require a person to maintain records or submit a report under paragraph (1) only to the extent the Administrator determines the maintenance of records or submission of reports, or both, is necessary for the effective enforcement of this Act.CommentsClose CommentsPermalink





‘(3) The Administrator may impose penalties, pursuant to section 16, on a person in violation of a requirement of a rule or order under paragraph (1) or, by order, prohibit, or otherwise impose conditions under section 6(c), on the manufacture, processing, or distribution in commerce of a chemical substance or mixture, or any article containing such chemical substance or mixture, by a person in violation of such a requirement.’;CommentsClose CommentsPermalink





(7) in subsection (c), as redesignated by paragraph (1) of this section--CommentsClose CommentsPermalink





(A) in the subsection heading, by inserting ‘and Categorization’ after ‘Inventory’;CommentsClose CommentsPermalink





(B) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





‘(1) INVENTORY- The Administrator shall compile, keep current, publish and enter into the public database established pursuant to subsection (d) a list of each chemical substance, and each mixture for which a declaration is received, which is manufactured or processed in the United States. Such list shall at least include each such chemical substance or mixture which any person reports, under section 5 or subsection (a)(2) of this section, is manufactured or processed in the United States, but shall not include any chemical substance or mixture for which all manufacturers and processors have submitted declarations under subsection (a)(3). In the case of a chemical substance or mixture for which a notice is submitted in accordance with section 5, the date of such notice shall be included in the list under this section, in addition to the date on which the chemical substance or mixture was first added to the list. The Administrator shall first publish such a list not later than 24 months after the effective date of the Toxic Chemicals Safety Act of 2010. The Administrator shall not include in such list any chemical substance or mixture which is manufactured or processed only in small quantities (as defined by the Administrator by rule) solely for purposes of scientific experimentation or analysis or chemical research on, or analysis of, such substance or mixture or another substance or mixture, including such research or analysis for the development of a product.’; andCommentsClose CommentsPermalink





(C) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





‘(2) CATEGORIZED INVENTORY- Not later than 5 years after the date of enactment of the Toxic Chemicals Safety Act of 2010, and no less than every 3 years thereafter, the Administrator shall publish in the Federal Register and enter in the public database established pursuant to subsection (d) a list of all chemical substances and mixtures manufactured, processed, or distributed in commerce that categorizes the chemical substances and mixtures, based on existing information available to the Administrator, based upon health or environmental adverse effects, exposure, or other criteria that the Administrator determine appropriate.’;CommentsClose CommentsPermalink





(8) by inserting after subsection (c), as redesignated by paragraph (1) of this section, the following new subsection:CommentsClose CommentsPermalink





‘(d) Public Database and Access to Significant Information-CommentsClose CommentsPermalink





‘(1) PUBLIC DATABASE- Not later than 1 year after the date of the enactment of Toxic Chemicals Safety Act of 2010, the Administrator shall establish--CommentsClose CommentsPermalink





‘(A) an electronic database that is searchable, sortable, downloadable, and publicly accessible on the Internet for storing and sharing of information relating to the toxicity and use of, and exposure to, chemical substances and mixtures; andCommentsClose CommentsPermalink





‘(B) procedures for use in maintaining and updating the database.CommentsClose CommentsPermalink





‘(2) PUBLIC ACCESS TO SIGNIFICANT INFORMATION- Not later than 90 days after the date of any significant decision made by the Administrator or receipt by the Administrator of any significant information submitted pursuant to this title, the Administrator shall, subject to section 14, make available to the public on the public database established pursuant to paragraph (1) such significant decision made by the Administrator under this title or such significant information submitted pursuant to this title.’;CommentsClose CommentsPermalink





(9) in subsection (e), as redesignated by paragraph (3) of this section--CommentsClose CommentsPermalink





(A) in the subsection heading, by inserting ‘of Significant Adverse Reactions’ after ‘Records’; andCommentsClose CommentsPermalink





(B) by inserting ‘Such records shall be submitted to the Administrator on an annual basis, or immediately upon request by the Administrator.’ after the first sentence;CommentsClose CommentsPermalink





(10) by inserting after subsection (e), as redesignated by paragraph (3) of this section, the following new subsections:CommentsClose CommentsPermalink





‘(f) Disclosures to Commercial Purchasers- Effective 1 year after the date of enactment of the Toxic Chemicals Safety Act of 2010, all manufacturers and processors of chemical substances and mixtures subject to this section shall provide, with shipment or promptly thereafter and by request, to all known commercial purchasers of the chemical substances and mixtures they manufacture or process a disclosure, subject to section 14, of--CommentsClose CommentsPermalink





‘(1) the chemical identity of the chemical substance or, for mixtures, the chemical identity of all chemical ingredients;CommentsClose CommentsPermalink





‘(2) all information regarding toxicological properties of the chemical substance or mixture submitted to the Administrator under subsection (a);CommentsClose CommentsPermalink





‘(3) the list of health and safety studies submitted to the Administrator under subsection (a), with copies of the individual studies available upon request; andCommentsClose CommentsPermalink





‘(4) any records of significant adverse reactions submitted to the Administrator under subsection (e).CommentsClose CommentsPermalink





‘(g) Information in the Possession of Other Federal Agencies-CommentsClose CommentsPermalink





‘(1) The Administrator may request, and upon such request a Federal agency shall submit to the Administrator, any information in the possession or control of such Federal agency relating to a hazard of, use of, exposure to, or risk of a chemical substance or mixture, or a report, including copies of the data and records in the possession or control of such Federal agency that may be useful to the Administrator in carrying out the purposes of this Act.CommentsClose CommentsPermalink





‘(2) The Administrator shall specify the format, content, and level of detail of any report requested under paragraph (1).CommentsClose CommentsPermalink





‘(3) Each Federal agency shall make its initial submission to the Administrator within 60 days of receipt of the specification under paragraph (2).CommentsClose CommentsPermalink





‘(4) The Administrator shall issue a request pursuant to paragraph (1) to each Federal agency which the Administrator reasonably expects may have information on chemical substances or mixtures that would assist the Administrator in making a safety standard determination for a chemical substance or mixture under this title. Such requests shall be issued by the Administrator not later than 12 months after the date on which the Administrator lists a chemical substance or mixture on the priority list under section 6(a), or, for chemical substances identified in section 6(a)(1)(A), 12 months after enactment of the Toxic Chemicals Safety Act of 2010.’; andCommentsClose CommentsPermalink





(11) by inserting after subsection (h), as redesignated by paragraph (2) of this section, the following new subsection:CommentsClose CommentsPermalink





‘(i) Certification- Each submission required pursuant to this title, or pursuant to a rule or an order promulgated or issued by the Administrator under this title, other than a submission under subsection (g), shall be accompanied by a certification signed by a responsible official of the submitting party that each statement contained in the submission--CommentsClose CommentsPermalink





‘(1) is accurate and reliable; andCommentsClose CommentsPermalink





‘(2) includes all material facts known to, in the possession or control of, or reasonably ascertainable by the manufacturer or processor.’.CommentsClose CommentsPermalink

SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS.

Section 9(a)(1) of the Toxic Substances Control Act (15 U.S.C. 2608(a)(1)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘the manufacture, processing, distribution in commerce, use, or disposal of’ after ‘If the Administrator has reasonable basis to conclude that’;CommentsClose CommentsPermalink





(2) by striking ‘, or that any combination of such activities, presents or will present an unreasonable risk of injury to health or the environment’ and inserting ‘does not meet the safety standard under section 6(b)’;CommentsClose CommentsPermalink





(3) by striking ‘such risk may be prevented’ and inserting ‘that the risk associated with the chemical substance or mixture may be prevented’;CommentsClose CommentsPermalink





(4) by striking ‘describes such risk’ and inserting ‘describes the risk associated with the chemical substance or mixture’; andCommentsClose CommentsPermalink





(5) in the matter following subparagraph (B)--CommentsClose CommentsPermalink





(A) by striking ‘Any report’ and inserting ‘Any such report’;CommentsClose CommentsPermalink





(B) by striking ‘information on which it is based and shall be published in the Federal Register’ and inserting ‘information on which it is based and shall be promptly published in the Federal Register and entered into the public database established pursuant to section 8(d)’;CommentsClose CommentsPermalink





(C) by inserting ‘and not more than 180 days’ after ‘but such time specified may not be less than 90 days’; andCommentsClose CommentsPermalink





(D) by inserting ‘and entered into the public database established pursuant to section 8(d)’ after ‘conclusions of the agency and shall be published in the Federal Register’.CommentsClose CommentsPermalink

SEC. 10. MIXTURES.

(a) Mixture Definition and Determination- Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602), as amended by section 3 of this Act, is further amended--CommentsClose CommentsPermalink





(1) by amending paragraph (8) to read as follows:CommentsClose CommentsPermalink





‘(8) The term ‘mixture’ means any composition of two or more chemical substances if the composition does not occur in nature, and is not, in whole or in part, the result of a chemical reaction.’; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (b)(2) the following new paragraph:CommentsClose CommentsPermalink





‘(3) The Administrator may determine different mixtures comprised of the same chemical substances to be the same mixture for purposes of this Act, if the substance characteristics of the mixtures are identical. Mixtures which would be considered new mixtures but for grouping under this paragraph shall not be considered new mixtures for purposes of this Act.’.CommentsClose CommentsPermalink





(b) Quantification- Subsection (c) of section 8 of the Toxic Substances Control Act (15 U.S.C. 2607), as amended by section 8 of this Act, is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) MIXTURE SURVEY- Not later than 6 years after the date of enactment of the Toxic Chemicals Safety Act of 2010, the Administrator shall, based on declarations under this section and a survey of processors as necessary and appropriate, characterize the number of mixtures, including mixtures grouped pursuant to paragraph (b)(3) of section 3, introduced into commerce in the United States, and the number of such mixtures that have or may have substance characteristics that are different, in kind or degree, from the substance characteristics of the constituent chemical substances, and shall publish such characterization in the Federal Register and enter it in the public database established in subsection (d).’.CommentsClose CommentsPermalink

SEC. 11. INSPECTIONS AND SUBPOENAS.

Section 11 of the Toxic Substances Control Act (15 U.S.C. 2610) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by inserting ‘commercial’ after ‘establishment, facility, or other’;CommentsClose CommentsPermalink





(B) by striking ‘premises in which chemical substances, mixtures’ and inserting ‘premises in which chemical substances or mixtures subject to this Act, articles containing such substances or mixtures’;CommentsClose CommentsPermalink





(C) by inserting ‘and any place where records relating to such chemical substances, mixtures, articles, or products or otherwise relating to compliance with this Act, are held’ after ‘or such articles in connection with distribution in commerce’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘The Administrator, and any duly designated representative of the Administrator, may also inspect and obtain samples of any such chemical substances, mixtures, or articles, and any containers or labeling of such chemical substances, mixtures, or articles.’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘chemical substances, mixtures, or products’ and inserting ‘chemical substances or mixtures subject to this Act, articles containing such substances or mixtures, or products’; andCommentsClose CommentsPermalink





(B) in paragraph (2)(E), by inserting ‘or order’ after ‘rule’.CommentsClose CommentsPermalink

SEC. 12. EXPORTS.

Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively;CommentsClose CommentsPermalink





(2) in subsection (a), as redesignated by paragraph (1) of this section--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘or intends to export’;CommentsClose CommentsPermalink





(ii) by striking ‘or 5(b)’;CommentsClose CommentsPermalink





(iii) by striking ‘or intent to export’ and inserting ‘not later than 30 days after the date of exportation of the substance or mixture’; andCommentsClose CommentsPermalink





(iv) by inserting ‘promptly thereafter’ before ‘furnish’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘or intends to export’;CommentsClose CommentsPermalink





(ii) by striking ‘an order has been issued under section 5 or a rule has been proposed or promulgated under section 5 or 6, or with respect to which an action is pending, or relief has been granted under section 5 or 7’ and inserting ‘a condition has been imposed pursuant to section 6(c)(2) or an action has been taken pursuant to section 7’;CommentsClose CommentsPermalink





(iii) by striking ‘or intent to export’ and inserting ‘not later than 30 days after the date of exportation of the substance or mixture’;CommentsClose CommentsPermalink





(iv) by inserting ‘promptly thereafter’ before ‘furnish’; andCommentsClose CommentsPermalink





(v) by striking ‘such rule, order, action, or relief’ and inserting ‘such condition imposed pursuant to section 6(c)(2) or such action taken pursuant to section 7’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3)(A) Any person that has previously notified the Administrator of the exportation of a chemical substance or mixture under this section shall notify the Administrator of any change in the information provided in the original notice not later than 30 days after such a change.CommentsClose CommentsPermalink





‘(B) The Administrator shall furnish, as promptly as feasible, an updated notice to the governments that have been notified pursuant to paragraphs (1) and (2) regarding the exportation of any chemical substance or mixture subject to this section if--CommentsClose CommentsPermalink





‘(i) new data for such substance or mixture have been received by the Administrator pursuant to section 4, section 5(b), section 8(e), or section 8(h);CommentsClose CommentsPermalink





‘(ii) the Administrator has received notice under subparagraph (A) of a change in the information provided in the original notice; orCommentsClose CommentsPermalink





‘(iii) a change has been made in any conditions imposed pursuant to section 6(c) or section 7 for such substance or mixture.’;CommentsClose CommentsPermalink





(3) in subsection (b), as redesignated by paragraph (1), by striking paragraph (2) and redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively; andCommentsClose CommentsPermalink





(4) by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(c) Chemicals Listed Under the PIC Convention- If any person intends to export to a foreign country a chemical substance or mixture listed in Annex III of the PIC Convention as of the date of enactment of the Toxic Chemicals Safety Act of 2010, such person shall file the notice required under subsection (a) not later than 30 days prior to the date of exportation of such substance or mixture and shall include therein the information required for export under such Convention as of the date of enactment of the Toxic Chemicals Safety Act of 2010.CommentsClose CommentsPermalink





‘(d) Public Records- The Administrator shall maintain copies of all current notices provided to other governments under this section, and make such copies available to the public in electronic format.CommentsClose CommentsPermalink





‘(e) Definition- For purposes of this title, the term ‘PIC Convention’ means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, adopted in Rotterdam on September 10, 1998, and any subsequent amendment or protocol.’.CommentsClose CommentsPermalink

SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE UNITED STATES.

Section 13 of the Toxic Substances Control Act (15 U.S.C. 2612) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively;CommentsClose CommentsPermalink





(2) by inserting, before subsection (b), as redesignated by paragraph (1) of this section, the following new subsection:CommentsClose CommentsPermalink





‘(a) Duties of Importers- The importer of any chemical substance, mixture, or article containing a chemical substance or mixture for distribution in commerce shall satisfy all requirements under sections 4, 5, 6, and 8 of this Act, without regard to whether the chemical substance or mixture has been formed into or contained in an article prior to importation.’;CommentsClose CommentsPermalink





(3) in subsection (b), as redesignated by paragraph (1) of this section--CommentsClose CommentsPermalink





(A) by amending the subsection heading to read as follows:CommentsClose CommentsPermalink





‘(b) Entry- ’;CommentsClose CommentsPermalink





(B) by striking ‘Secretary of the Treasury’ each place it appears and inserting ‘Secretary of Homeland Security’; andCommentsClose CommentsPermalink





(C) in paragraph (1), by striking the em dash and subparagraphs (A) and (B) and inserting ‘the substance, mixture, or article fails to comply with or is offered for entry in violation of any rule or order in effect under this Act.’; andCommentsClose CommentsPermalink





(4) in subsection (c), as redesignated by paragraph (1) of this section--CommentsClose CommentsPermalink





(A) by striking ‘Secretary of the Treasury’ and inserting ‘Secretary of Homeland Security’; andCommentsClose CommentsPermalink





(B) by striking ‘subsection (a)’ and inserting ‘subsection (b)’.CommentsClose CommentsPermalink

SEC. 14. DISCLOSURE OF DATA.

Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (a) and (b) as subsections (c) and (d), respectively;CommentsClose CommentsPermalink





(2) by redesignating subsections (c) through (e) as subsections (f) through (h), respectively;CommentsClose CommentsPermalink





(3) by inserting, before subsection (c), as redesignated by paragraph (1) of this section, the following new subsections:CommentsClose CommentsPermalink





‘(a) Administrator Responsibilities- The Administrator shall ensure that--CommentsClose CommentsPermalink





‘(1) information control designations under this section are not a determinant of public disclosure pursuant to section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’); andCommentsClose CommentsPermalink





‘(2) all information in the Administrator’s possession that is releasable pursuant to an appropriate request under section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’), is made available to members of the public.CommentsClose CommentsPermalink





‘(b) Rule of Construction- Nothing in this section shall be construed to prevent or discourage the Administrator from voluntarily releasing to the public any unclassified information that is not exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’).’;CommentsClose CommentsPermalink





(4) in subsection (c), as redesignated by paragraph (1) of this subsection--CommentsClose CommentsPermalink





(A) by striking ‘Except as provided by subsection (b)’ and all that follows through ‘subsection (b)(4) of such section,’ and inserting ‘Except as provided by subsection (d), information submitted to the Administrator pursuant to this Act may be designated for information protection by the submitter of such information based on the submitter’s reasonable belief that the information is eligible for protection under section 552 of title 5, United States Code. Information designated for protection under this section’;CommentsClose CommentsPermalink





(B) by inserting ‘unless the designation is determined to be inappropriate,’ after ‘Administrator or by any officer or employee of the United States,’;CommentsClose CommentsPermalink





(C) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;CommentsClose CommentsPermalink





(D) by adding after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink





‘(3) shall be disclosed upon request to a State, tribal, or municipal government, including identification of the location of the manufacture, processing, or storage of a chemical substance upon the request of the government for the purpose of administration or enforcement of a law, if one or more applicable agreements ensure that the recipient government will take appropriate steps to maintain the confidentiality of the information in accordance with this section and section 350.27 of title 40, Code of Federal Regulations, or any successor to such regulation;’; andCommentsClose CommentsPermalink





(E) in paragraph (4), as redesignated by subparagraph (C) of this paragraph, by striking ‘an unreasonable’ and inserting ‘a substantial’;CommentsClose CommentsPermalink





(5) in subsection (d), as redesignated by paragraph (1) of this section--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Data From Health and Safety Studies’ and inserting ‘Information Not Eligible for Protection’;CommentsClose CommentsPermalink





(B) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





‘(1) The following types of information shall not be eligible for protection under this section, and the Administrator shall not approve a request to protect information of the following types under this section:CommentsClose CommentsPermalink





‘(A) The identity of a chemical substance when included in a health and safety study, safety standard determination under section 6(b), or information indicating the presence of the chemical substance in a consumer article intended for use or reasonably expected to be used by children or indicating exposure to the chemical substance in children.CommentsClose CommentsPermalink





‘(B) The components of a mixture, when included in a health and safety study, safety standard determination under section 6(b), or information indicating the presence of the mixture in a consumer article intended for use or reasonably expected to be used by children or indicating exposure to the mixture in children.CommentsClose CommentsPermalink





‘(C) Any safety standard developed under section 6(b).CommentsClose CommentsPermalink





‘(D) Any health and safety study which is submitted under this Act with respect to--CommentsClose CommentsPermalink





‘(i) any chemical substance or mixture--CommentsClose CommentsPermalink





‘(I) which, on the date on which such study is to be disclosed has been offered for commercial distribution; orCommentsClose CommentsPermalink





‘(II) for which testing is required under section 4 or for which notification is required under section 5 of this title; andCommentsClose CommentsPermalink





‘(ii) any data reported to, or otherwise obtained by, the Administrator from a health and safety study which relates to a chemical substance or mixture described in clause (i).CommentsClose CommentsPermalink





‘(E) Any information indicating the presence of a chemical substance or mixture in a consumer article intended for use or reasonably expected to be used by children or indicating exposure to the chemical substance or mixture in children.CommentsClose CommentsPermalink





This paragraph does not authorize the release of any data which discloses processes used in the manufacturing or processing of a chemical substance or mixture or, in the case of a mixture, the release of data disclosing the portion of the mixture comprised by any of the chemical substances in the mixture.’; andCommentsClose CommentsPermalink





(C) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘the first sentence of paragraph (1)’ and inserting ‘paragraph (1)(D)’; andCommentsClose CommentsPermalink





(ii) by striking ‘in the second sentence of such paragraph’ and inserting ‘in the last sentence of paragraph (1)’;CommentsClose CommentsPermalink





(6) by inserting after subsection (d), as redesignated by paragraph (1) of this section, the following new subsection:CommentsClose CommentsPermalink





‘(e) Guidance- Not later than 1 year after the date of enactment of the Toxic Chemicals Safety Act of 2010, the Administrator shall by order develop and make publicly available guidance that specifies--CommentsClose CommentsPermalink





‘(1) the format for and manner for designating information for protection;CommentsClose CommentsPermalink





‘(2) the acceptable bases on which written requests to protect information under this section may be approved, which shall be no more restrictive of public disclosure than section 552 of title 5, United States Code; andCommentsClose CommentsPermalink





‘(3) the documentation that must accompany such requests.’;CommentsClose CommentsPermalink





(7) by amending subsection (f), as redesignated by paragraph (2) of this section, to read as follows:CommentsClose CommentsPermalink





‘(f) Designation and Release of Confidential Information-CommentsClose CommentsPermalink





‘(1) DUTIES OF MANUFACTURERS AND PROCESSORS- In submitting information under this Act, a manufacturer, processor, or distributor in commerce may designate the information which such person believes is entitled to protection under this section, and submit such designated information separately from other information submitted under this Act. A designation under this paragraph shall be accompanied by the appropriate fee under subsection (i), shall be made in writing and in such manner as the Administrator may prescribe, and shall include--CommentsClose CommentsPermalink





‘(A) justification for each claim of confidentiality;CommentsClose CommentsPermalink





‘(B) a certification that the information is not otherwise publicly available; andCommentsClose CommentsPermalink





‘(C) separate copies of all submitted information, with 1 copy containing and 1 copy excluding the information to which the request applies.CommentsClose CommentsPermalink





Designations shall last for 5 years, at which time the information shall be made public unless the manufacturer or processor has submitted a request for renewal, accompanied by the appropriate fee under subsection (i), made in writing and in such manner as the Administrator may prescribe, including all of the elements required for the initial submission.CommentsClose CommentsPermalink





‘(2) DUTIES OF THE ADMINISTRATOR- The Administrator shall--CommentsClose CommentsPermalink





‘(A) evaluate a representative sample of all submitted designations and requests for renewal within 60 days of their submission to determine whether--CommentsClose CommentsPermalink





‘(i) each claim of confidentiality is justified under section 552 of title 5, United States Code, and any applicable guidance published under subsection (e);CommentsClose CommentsPermalink





‘(ii) the designation was accompanied by the appropriate fee, made in writing and in such manner as prescribed by the Administrator, and included the necessary components; andCommentsClose CommentsPermalink





‘(iii) the information is not publicly available;CommentsClose CommentsPermalink





‘(B) release all information previously designated for protection if one or more of the criteria in subparagraph (A) are not found;CommentsClose CommentsPermalink





‘(C) determine whether the criteria in subparagraph (A) were met at the time the designation was made; andCommentsClose CommentsPermalink





‘(D) make such determinations publicly available.CommentsClose CommentsPermalink





‘(3) NOTIFICATION- (A) Except as provided by subparagraph (B), if the Administrator proposes to release for inspection data which has been designated under paragraph (1) but not released under paragraph (2), the Administrator shall notify, in writing and by certified mail, the manufacturer, processor, or distributor in commerce who submitted such information of the intent to release such data. If the release of such data is to be made pursuant to a request made under section 552(a) of title 5, such notice shall be given immediately upon approval of such request by the Administrator. The Administrator shall release the information in accordance with the disclosure and procedural requirements of section 552 of title 5, United States Code.CommentsClose CommentsPermalink





‘(B)(i) Subparagraph (A) shall not apply to the release of information under paragraph (1), (2), (3), (4), or (5) of subsection (c) of this section, except that the Administrator may not release data under paragraph (4) of subsection (c) of this section unless the Administrator has notified each manufacturer, processor, and distributor in commerce who submitted such data of such release. Such notice shall be made in writing by certified mail at least 15 days before the release of such data, except if the Administrator determines that the release of such data is necessary to protect against an imminent risk of injury to health or the environment.CommentsClose CommentsPermalink





‘(ii) Subparagraph (A) shall not apply to the release of information described in subsection (c)(1) of this section other than information described in the last sentence of such subsection.’;CommentsClose CommentsPermalink





(8) in subsection (g), as redesignated by paragraph (2) of this section--CommentsClose CommentsPermalink





(A) by amending the subsection heading to read as follows:CommentsClose CommentsPermalink





‘(g) Penalties for Wrongful Designation or Disclosure- ’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (1) and (2) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink





(C) by inserting before paragraph (3), as redesignated by subparagraph (B) of this paragraph, the following new paragraphs:CommentsClose CommentsPermalink





‘(1) Any manufacturer or processor whose designation of information for protection under this section is found by the Administrator not to have met the criteria for protection under this section at the time the designation was made may be subject to administrative penalties under section 15.CommentsClose CommentsPermalink





‘(2) Any manufacturer or processor who, knowing that information does not meet the criteria for protection under this section, willfully designates such information for protection, shall be guilty of a misdemeanor and fined not more than $5,000 or imprisoned for not more than one year, or both.’; andCommentsClose CommentsPermalink





(D) in paragraph (4), as redesignated by subparagraph (B) of this paragraph--CommentsClose CommentsPermalink





(i) by striking ‘paragraph (1)’ and inserting ‘paragraph (3)’; andCommentsClose CommentsPermalink





(ii) by striking ‘subsection (a)(2)’ and inserting ‘subsection (c)(2)’; andCommentsClose CommentsPermalink





(9) by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(i) Fees- The Administrator may, by rule, require the payment of a reasonable fee from any person designating information for protection under this section or seeking to renew such a designation to defray the cost of administering this section. In setting a fee under this subsection, the Administrator shall take into account the ability to pay of the person designating or seeking renewal and the cost to the Administrator of reviewing such designations.CommentsClose CommentsPermalink





‘(j) Risk Information for Workers- The Administrator shall provide standards for and facilitate the provision of the chemical identity, safety standard determination, health and safety data, and any other information determined by the Administrator to be necessary to ensure worker safety, that pertains to chemical substances or mixtures, that workers may come into contact with or otherwise be exposed to during the course of their work, to such workers and representatives of each certified or recognized bargaining agent representing such workers.’.CommentsClose CommentsPermalink

SEC. 15. PROHIBITED ACTS.

Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘(A)’ and all that follows through ‘under title II’ and inserting ‘any rule, order, prohibition, restriction, or other requirement imposed by this Act or by the Administrator under this Act’;CommentsClose CommentsPermalink





(2) by amending paragraphs (2) and (3) to read as follows:CommentsClose CommentsPermalink





‘(2) manufacture, process, distribute in commerce, use for commercial purposes, or dispose of a chemical substance or mixture, or an article containing a chemical substance or mixture, which such person knew or had reason to know was manufactured, processed, or distributed in commerce in violation of any rule, order, prohibition, restriction, or other requirement imposed by this Act or by the Administrator under this Act;CommentsClose CommentsPermalink





‘(3) fail or refuse to (A) establish or maintain accurate and complete records, (B) submit or make accurate and complete reports, notices, disclosures, declarations, certifications, or other information, or (C) permit access to or copying of records, as required by this Act or a rule thereunder;’;CommentsClose CommentsPermalink





(3) in paragraph (4), by striking the final period and inserting ‘; or’; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(5) make or submit a statement, declaration, disclosure, certification, data set, or any oral, written, or electronic representation that is materially false, in whole or in part, or to falsify or conceal any material fact, in taking any action or making any communication pursuant to this Act or pursuant to any rule or order promulgated or issued under this Act;CommentsClose CommentsPermalink





‘(6) introduce or deliver for introduction into commerce or knowingly distribute in commerce a chemical substance or mixture, or an article containing a chemical substance or mixture--CommentsClose CommentsPermalink





‘(A) that lacks or fails to comply in any material respect with any applicable labeling requirements imposed pursuant to section 6(c); orCommentsClose CommentsPermalink





‘(B) the label, labeling or advertising of which is misleading in any material respect, including by reason of representations, either explicit or implicit, that the chemical substance or mixture is available for a use other than an intended use; orCommentsClose CommentsPermalink





‘(7) forge, counterfeit, simulate, falsely represent, or use without proper authority any mark, stamp, tag, label, or other identification device authorized or required by this Act or by the Administrator under this Act.’.CommentsClose CommentsPermalink

SEC. 16. PENALTIES.

Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘provision of section 15 or 409’ and inserting ‘provision of this Act or a rule promulgated or order issued pursuant to this Act, as described in section 15’;CommentsClose CommentsPermalink





(ii) by striking ‘$25,000’ and inserting ‘$37,500’; andCommentsClose CommentsPermalink





(iii) by striking ‘violation of section 15 or 409’ and inserting ‘violation of this Act’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;CommentsClose CommentsPermalink





(C) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink





‘(2) In the case of any violation described in paragraph (1), the Administrator may commence a civil action in the appropriate United States district court to assess penalties pursuant to paragraph (1) or commence administrative action to assess penalties pursuant to paragraph (3).’;CommentsClose CommentsPermalink





(D) in subparagraph (A) of paragraph (3), as redesignated by subparagraph (B) of this paragraph--CommentsClose CommentsPermalink





(i) by striking ‘A civil penalty for a violation of section 15 or 409’ and inserting ‘In any administrative action to assess penalties for a violation described in paragraph (1), a civil penalty for a violation’; andCommentsClose CommentsPermalink





(ii) by striking ‘within 15 days of’ and inserting ‘not later than 15 days after’;CommentsClose CommentsPermalink





(E) in paragraph (4), as redesignated by subparagraph (B) of this paragraph--CommentsClose CommentsPermalink





(i) by striking ‘paragraph (2)(A)’ and inserting ‘paragraph (3)(A)’; andCommentsClose CommentsPermalink





(ii) by striking ‘the United States Court of Appeals for the District of Columbia Circuit or for any other circuit’ and inserting ‘the appropriate district court of the United States for the district’; andCommentsClose CommentsPermalink





(F) in paragraph (5), as redesignated by subparagraph (B) of this paragraph, by striking ‘paragraph (3)’ each place it appears and inserting ‘paragraph (4)’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by inserting ‘(1)’ before ‘Any person who’;CommentsClose CommentsPermalink





(B) by inserting ‘this Act, as described in’ before ‘section 15’;CommentsClose CommentsPermalink





(C) by striking ‘or 409’;CommentsClose CommentsPermalink





(D) by striking ‘$25,000’ and inserting ‘$50,000’;CommentsClose CommentsPermalink





(E) by striking ‘one year’ and inserting ‘5 years’; andCommentsClose CommentsPermalink





(F) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) Any person who knowingly or willfully violates any provision of this Act and who knows that such violation may result in imminent danger of death or serious bodily injury to any person shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. A person that is not an individual shall, upon conviction of violating this paragraph, be subject to a fine of not more than $1,000,000.’.CommentsClose CommentsPermalink