Short title

This Act may be cited as the

Safe Chemicals Act of 2013

Purposes

The purpose of this Act is to ensure that risks from chemicals are adequately understood and managed.

Findings, policy, and goal

Section 2 of the Toxic Substances Control Act (15 U.S.C. 2601) is amended— (1)in the heading, by striking

Intent

and inserting

Goal

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

(a)

Findings

Congress finds that— (1)each year human beings and the environment are exposed to a large number of chemical substances; (2)the chemical industry, an important part of the United States economy, provides valuable products that are used in diverse manufacturing industries and other commercial, institutional, and consumer applications; (3)more than 3 decades after the enactment of this Act, people and the environment in the United States are still exposed to thousands of chemicals whose safety has not been adequately reviewed and may harm health and the environment; (4)the incidence of some diseases and disorders linked to chemical substance exposures is on the rise; (5)biomonitoring of chemical substances in humans reveals that people in the United States carry hundreds of hazardous chemicals in their bodies; (6)the concentrations of certain chemical substances that persist and accumulate are increasing in the environment and in human bodies and are found across the world, including in the remote Arctic in which Native Americans face increasing contamination of traditional foods; (7)differences in metabolism and physiology at certain stages of development can make infants and children more vulnerable than adults to the effects of chemical exposure, especially exposure that occurs in utero, during infancy, and during other critical periods of development; (8)manufacturers and processors of chemicals should supply sufficient health and environmental information before distributing products in commerce; (9)the Administrator must have and exercise 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 exposure to chemical substances; (10)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 is generated to comply with those other regulatory programs may be useful in understanding hazards and exposures of chemical substances presented in the United States; and (11)a revised policy on the safety of chemical substances 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. (b)

Policy

It is the policy of the United States— (1)to protect the health of children, workers, consumers, and the public, and to protect the environment from harmful exposures to chemical substances; (2)to promote the use of safer alternatives and other actions that reduce the use of and exposure to hazardous chemical substances and reward innovation toward safer chemicals, processes, and products; (3)to require that chemicals in commerce meet a risk-based safety standard that protects vulnerable and affected populations and the environment; (4)to require companies to provide sufficient health and environmental information for the chemical substances that the companies manufacture, process, or import as a condition of allowing those companies to distribute chemical substances in commerce; (5)to improve the quality of information on chemical safety and use; (6)to guarantee the right of the public and workers to know about the hazards and uses of chemical substances that the public and workers may be exposed to by maximizing public access to information on chemical safety and use; and (7)to strengthen cooperation between and among the Federal Government and State, municipal, tribal, and foreign governments. (c)

Goal

It is the goal of the United States to address the harmful exposure of vulnerable or affected populations to chemical substances caused by the distribution of chemical substances in commerce by— (1)reviewing all chemical substances for safety and identifying the highest priority chemical substances for expedited review; (2)determining whether chemical substances in commerce meet the safety standard under this title; (3)applying appropriate restrictions to the use of a chemical substance, where warranted; and (4)encouraging the replacement of harmful chemicals and processes with safer alternatives.

Definitions

Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is amended— (1)by striking paragraph (12); (2)by redesignating paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (13), and (14), as paragraphs (5), (6), (8), (10), (12), (13), (14), (15), (18), (19), (21), and (24), respectively; (3)by inserting after paragraph (1) the following:

(2)

Aggregate exposure

(A)

In general

Subject to subparagraph (B), the term aggregate exposure means exposure from all sources of a chemical substance, including exposure from— (i)the manufacture, processing, distribution, use, and disposal of that chemical substance; and (ii)all other sources of that chemical substance, including— (I)contamination of food, air, water, soil, and house dust from current or prior uses or activity; (II)accidental releases; (III)permitted sources of pollution; (IV)nonpoint sources of pollution; (V)documented background levels from natural and anthropogenic sources; and (VI)a mixture or article containing that chemical substance. (B)

Inclusions

The term aggregate exposure includes exposure from a chemical substance that is not considered to be a chemical substance under this Act solely because of the use of that substance as, or in, a food, food additive, cosmetic, or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)). (3)

Bioaccumulative

(A)

In general

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. (B)

Update

To reflect the best available science, the Administrator may, by rule, revise the definition of the term bioaccumulative in such a way that reflects the state of the science and provides for equal or greater protection of human health and the environment. (4)

Chemical identity

The term chemical identity includes— (A)each common and trade name of a chemical substance; (B)the name of a chemical substance appearing in International Union of Pure and Applied Chemistry nomenclature and the most current Collective Index format; (C)each Chemical Abstracts Service registration number of a chemical substance; and (D)the molecular structure of a chemical substance.

;

(4)in paragraph (5) (as redesignated by paragraph (2))— (A)by striking (2)(A) Except as provided in subparagraph (B) and inserting the following:

(5)

Chemical substance

(A)

In general

Except as provided in subparagraphs (B) and (C)

;

(B)in subparagraph (B), by striking (B) Such term and inserting the following:

(B)

Exclusions

The term chemical substance

; and

(C)by adding at the end the following:

(C)

Inclusions

Notwithstanding molecular identity, the Administrator may determine that a variant of a chemical substance is a new chemical substance under section 5(a)(6).

;

(5)by inserting after paragraph (6) (as redesignated by paragraph (2)) the following:

(7)

Cumulative exposure

The term cumulative exposure means the sum of aggregate exposure to each of the chemical substances that are known or suspected to contribute appreciably to the risk of the same or a similar adverse effect.

;

(6)by striking paragraph (8) (as redesignated by paragraph (2)) and inserting the following:

(8)

Distribute in commerce

The terms distribute in commerce and distribution in commerce, when used to describe an action taken with respect to a chemical substance (or mixture or article containing that chemical substance), mean— (A)to sell, or the sale of, the substance, mixture, or article in commerce; (B)to introduce or deliver for introduction into commerce, or the introduction or delivery for introduction into commerce of, the substance, mixture, or article; (C)to hold, or the holding of, the substance, mixture, or article after its introduction into commerce; or (D)to export or offer for export the substance, mixture, or article.

;

(7)by inserting after paragraph (8) (as redesignated by paragraph (2)) the following:

(9)

End consumer

The term end consumer means an individual or other entity that purchases and uses or consumes a chemical substance (or mixture or article containing that chemical substance).

;

(8)in paragraph (10) (as redesignated by paragraph (2)), by inserting ambient and indoor after includes water,; (9)by inserting after paragraph (10) (as redesignated by paragraph (2)) the following:

(11)

Federal agency

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.

;

(10)in paragraph (15) (as redesignated by paragraph (2)), by striking which is not included in the chemical substance list compiled and published under section 8(b) and inserting for which the manufacturer or processor of the chemical substance has not submitted a declaration under section 8(a); (11)by inserting after paragraph (15) (as redesignated by paragraph (2)) the following:

(16)

Persistent

(A)

In general

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. (B)

Update

To reflect the best available science, the Administrator may, by rule, revise the definition of the term persistent in such a way that reflects the state of the science and provides for equal or greater protection of human health and the environment. (17)

Person

(A)

In general

The term person means an individual, trust, firm, joint stock company, corporation (including a Government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body. (B)

Inclusions

The term person includes each Federal agency and any officer, agent, or employee of a Federal agency.

;

(12)by inserting after paragraph (19) (as redesignated by paragraph (2)) the following:

(20)

Special substance characteristic

(A)

In general

The term special substance characteristic means a physical, chemical, or biological characteristic, other than molecular identity, that the Administrator determines, by order or rule, may significantly affect the risks posed by substances exhibiting that characteristic. (B)

Considerations

In determining the existence of special substance characteristics, the Administrator may consider— (i)size or size distribution; (ii)shape and surface structure; (iii)reactivity; and (iv)any other properties that may significantly affect the risks posed.

;

(13)by inserting after paragraph (21) (as redesignated by paragraph (2)) the following:

(22)

Toxic

The term toxic, with respect to a chemical substance or mixture, means that the chemical substance or mixture has a toxicological property— (A)meeting the criteria for Category 1 or Category 2 for any of the toxicity endpoints established by the Globally Harmonized System for the Classification and Labeling of Hazardous Substances; (B)that causes an adverse effect that has been demonstrated in humans or other exposed organisms; or (C)for which the weight of evidence (such as demonstration of an adverse effect described in subparagraph (B), laboratory studies, or data for a chemical from the same chemical class that exhibits that adverse effect) demonstrates the potential for an adverse effect in humans or other exposed organisms. (23)

Toxicological property

The term toxicological property means actual or potential toxicity or other adverse effects of a chemical substance or mixture, including actual or potential effects of exposure to a chemical substance or mixture on— (A)mortality; (B)morbidity, including carcinogenesis; (C)reproduction; (D)growth and development; (E)the immune system; (F)the endocrine system; (G)the brain or nervous system; (H)other organ systems; or (I)any other biological functions in humans or nonhuman organisms.

; and

(14)by adding at the end the following:

(25)

Vulnerable human population

The term vulnerable human population means a human population that is subject to disproportionate exposure to, or the potential for disproportionate adverse effect from exposure to, a chemical substance or mixture, including— (A)infants, children, and adolescents; (B)pregnant women; (C)elderly; (D)individuals with preexisting medical conditions; (E)workers that work with chemical substances and mixtures; and (F)members of any other appropriate population identified by the Administrator.

Minimum information sets and testing of chemical substances

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

Minimum information sets and testing of chemical substances

(a)

Minimum information sets

(1)

Rule

(A)

In general

Subject to subparagraphs (B) and (C), and not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013, the Administrator shall establish, by rule, such minimum information sets as the Administrator determines to be appropriate to evaluate chemical substances under sections 5 and 6. (B)

General requirements

The rule promulgated pursuant to subparagraph (A) shall— (i)provide for varied or tiered information to be provided for different chemical substances; (ii)identify the particular minimum information set that applies to a chemical substance; (iii)require each minimum information set to include sufficient information for the Administrator to conduct a screening-level risk assessment of the chemical substance, including information on the characteristics, toxicological properties, environmental and biological fate and behavior, exposure, and use of a chemical substance; (iv)specify information quality and reliability requirements applicable to the information submitted in the minimum information sets; and (v)accommodate the use of alternative testing methods and testing strategies to generate information quickly, at low cost, and with reduced use of animal-based testing, including toxicity pathway-based risk assessment, in vitro studies, systems biology, computational toxicology, bioinformatics, and high-throughput screening, to the extent such methods and strategies would yield information of equivalent quality and reliability. (C)

Specific requirements

The rule promulgated pursuant to subparagraph (A) shall establish minimum information sets sufficient for the Administrator to administer this Act, including to carry out— (i)categorization of new chemical substances under section 5(b)(2), including the identification of information— (I)sufficiently robust to generally support the categorization of a new chemical substance as a substance of very low concern under section 5(b)(2)(D)(iii)(II); and (II)in the absence of which the Administrator shall designate a new chemical substance to be a substance with insufficient information under section 5(b)(2)(D)(iv); (ii)categorization of existing chemical substances under section 6(b)(3), including the identification of information— (I)sufficiently robust to generally support the categorization of an existing chemical substance as a substance of very low concern under section 6(b)(3)(B)(ii); and (II)in the absence of which the Administrator shall designate an existing chemical substance to be a substance with insufficient information under section 6(b)(3)(B)(iv); (iii)assignment of chemical substances to priority classes under section 6(b)(4); (iv)safety standard determinations— (I)for new uses of existing chemical substances under section 5(b)(2); and (II)for chemical substances under section 6(d); and (v)safety standard redeterminations under section 6(d)(5)(E). (2)

Submission of minimum information set

Each manufacturer and processor of a chemical substance shall submit the minimum information set for the chemical substance to the Administrator— (A)for new chemical substances, concurrent with the notice required under section (5)(b)(1)(A); and (B)for existing chemical substances, as specified in section 6 or otherwise specified by the Administrator in the rule promulgated pursuant to paragraph (1)(A). (3)

Prohibition

In addition to any other authorities available under this Act, the Administrator may, by order, take any action authorized under section 6(f) if a manufacturer or processor is in violation of paragraph (2). (b)

Testing

(1)

General submissions

(A)

In general

The Administrator may, by rule or order, require testing with respect to any chemical substance, and the submission of test results by a specified date, as appropriate for making any determination or carrying out any provision of this Act. Such testing may be required— (i)to provide information in addition to the information specified in any applicable minimum information set under subsection (a); and (ii)of persons to whom the Administrator decides not to apply a requirement to submit a minimum information set under subsection (a). (B)

Effect on other authority

Nothing in this paragraph limits the authority of the Administrator under paragraph (2). (2)

Sample submissions

(A)

In general

The Administrator may, by rule or order, require the submission of a sample of any chemical substance in such manner as the Administrator determines enables the Administrator to conduct any tests necessary for making any determination or carrying out any provision of this Act. (B)

Effect on other authority

Nothing in this paragraph limits the authority of the Administrator under paragraph (1). (3)

Prohibition

Exemption

If a manufacturer or processor ceases all manufacture or processing of a chemical substance pursuant to its submission of a declaration of cessation of manufacture or processing under section 8(b)(4) for the chemical substance, the manufacturer or processor shall be exempted from the requirements of this subsection. (c)

Test rules or orders

(1)

In general

A rule or order issued under subsection (b) shall include— (A)identification of the chemical substance for which testing is required under the rule or order; (B)standards for the development of test information for that substance; and (C)a specification of the period (which may not be of unreasonable duration) within which the persons required to conduct the testing shall submit to the Administrator information developed in accordance with the standards referred to in subparagraph (B). (2)

Considerations

(A)

In general

In determining the standards and period to be required under subparagraphs (B) and (C) of paragraph (1), the Administrator shall consider— (i)the relative costs of the various test protocols and methodologies that may be required under the rule or order; and (ii)the reasonably foreseeable availability of the facilities and personnel needed to perform the testing required under the rule. (B)

Preliminary information

Any rule or order issued by the Administrator under this subsection may require a manufacturer or processor to submit preliminary information during the period described in paragraph (1)(C). (3)

Types of health and environmental information

(A)

In general

The Administrator may prescribe standards for the development of test information under this subsection for health and environmental information, including— (i)information pertaining to carcinogenesis, mutagenesis, teratogenesis, behavioral disorders, or cumulative, synergistic, or any other effect that may be considered in a safety standard determination; (ii)information pertaining to exposure to the chemical substance, including information regarding the presence of the chemical substance in human blood, fluids, or tissue; and (iii)information pertaining to— (I)bioaccumulation; (II)persistence; (III)acute toxicity; (IV)subacute toxicity; (V)chronic toxicity; and (VI)any other characteristic that may present an adverse effect. (B)

Methodologies

(i)

In general

The Administrator may prescribe methodologies in standards for the development of test information, including— (I)epidemiologic studies; (II)biomonitoring or environmental monitoring studies; (III)serial or hierarchical tests; (IV)in vitro tests; (V)whole animal tests, consistent with section 30; and (VI)any other methodology deemed appropriate by the Administrator. (ii)

Requirement

Prior to prescribing epidemiologic studies of employees, the Administrator shall consult with the Director of the National Institute for Occupational Safety and Health. (C)

Review

Periodically, but not less frequently than once every 3 years, the Administrator shall— (i)review the adequacy of the standards for development of information prescribed under subparagraph (A); and (ii)if necessary, institute proceedings to make appropriate revisions of those standards. (4)

Persons required to conduct tests and submit information

(A)

In general

Except as provided in subparagraph (B), a rule or order under subsection (b) respecting a chemical substance shall specify the persons required to conduct tests and submit information to the Administrator on the substance. (B)

Exception

The Administrator may permit 2 or more of the persons described in subparagraph (A) to designate 1 of the persons or a qualified third party to conduct the tests and submit the information on behalf of the persons making the designation. (C)

Liability

All persons described in subparagraphs (A) and (B) shall remain liable for compliance with any requirements subject to the designation. (5)

Expiration of rules and orders

(A)

In general

Any rule or order under subsection (b) that requires the testing and submission of information for a particular chemical substance shall expire at the end of the applicable reimbursement period (as defined in subsection (d)(3)) unless, prior to that date, the Administrator withdraws the rule or order. (B)

Category of chemical substances

A rule or order under subsection (b) that requires the testing and submission of information for a category of chemical substances shall expire with respect to a chemical substance included in the category at the end of the applicable reimbursement period (as defined in subsection (d)(3)) unless, prior to that date, the Administrator withdraws the rule or order with respect to the substance entirely. (d)

Exemptions

(1)

In general

Any person required by a rule or order under subsections (a) or (b) to conduct tests and submit information for a chemical substance may apply to the Administrator (in such form and manner as the Administrator determines necessary) for an exemption from the requirement. (2)

Action by Administrator

In accordance with paragraph (3) or (4), the Administrator shall exempt an applicant under paragraph (1), if, on receipt of the application, the Administrator determines that— (A)the chemical substance for which the application was submitted is equivalent to a chemical substance for which— (i)information has been submitted to the Administrator in accordance with a rule or order under subsection (a) or (b); or (ii)information is being developed in accordance with the rule or order; and (B)submission of information by the applicant for the substance would be duplicative of information that— (i)has been submitted to the Administrator in accordance with the rule or order under subsection (a) or (b); or (ii)is being developed in accordance with the rule or order. (3)

Reimbursement due to exemption

(A)

Definition of reimbursement period

In this paragraph, the term reimbursement period, with respect to any test information for a chemical substance, means a period that— (i)begins on the date on which the test information is submitted in accordance with a rule or order issued under subsection (a) or (b); and (ii)ends on the later of— (I)5 years after the date referred to in clause (i); and (II)the date which, as determined by the Administrator, provides the applicant with a time period which is sufficient to develop the test information. (B)

Reimbursement for previously submitted test information

(i)

In general

Except as provided in clause (ii), for an exemption under paragraph (2)(B)(i), if the exemption is granted during the reimbursement period for the test information, the Administrator shall order the person granted the exemption to provide fair and equitable reimbursement (in an amount determined by the Administrator) to— (I)the person who previously submitted the test information, for a portion of the costs incurred by the person in complying with the information submission requirement; and (II)any other person who has been required under this subsection to contribute with respect to the costs, for a portion of the amount the person was required to contribute. (ii)

Exception

Clause (i) shall not apply if there is agreement on the amount and method of reimbursement between an exempted person described in clause (i) and the persons described in subclauses (I) and (II) of that clause. (iii)

Considerations

In promulgating rules for the determination of fair and equitable reimbursement to the persons described in subclauses (I) and (II) of clause (i) for costs incurred with respect to a chemical substance, the Administrator shall, after consultation with the Attorney General and the Federal Trade Commission, consider all relevant factors, including— (I)the effect on the competitive position of the person required to provide reimbursement in relation to the person to be reimbursed; and (II)the share of the market for the substance of the person required to provide reimbursement in relation to the share of the market of the persons to be reimbursed. (C)

Reimbursement due to exemption for test information being developed in accordance with rule or order

(i)

In general

Except as provided in clause (ii), for an exemption under paragraph (2)(B)(ii), the Administrator shall order the person granted the exemption to provide fair and equitable reimbursement (in an amount determined by the Administrator) to— (I)each person who is developing the test information, for the portion of the costs incurred by each person in complying with the rule or order; and (II)any other person who has been required under this subsection to contribute with respect to the costs of complying with the rule or order, for a portion of the amount the person was required to contribute. (ii)

Exception

Considerations

Lack of compliance

If any exemption is granted under paragraph (2) on the basis that 1 or more persons are developing test information pursuant to a rule or order promulgated or issued under subsection (a) or (b), and after the exemption is granted, the Administrator determines that no person has complied with the rule or order, the Administrator shall— (I)after providing written notice and an opportunity for a hearing to the person who holds the exemption, by order, terminate the exemption; and (II)notify in writing the person of the requirements of the rule or order with respect to which the exemption was granted. (e)

Notice

(1)

In general

Not later than 15 days after the date of receipt of any test information pursuant to a rule or order under subsection (a) or (b), the Administrator shall publish in the Federal Register a notice of the receipt of the test information. (2)

Requirements

Subject to section 14, each notice shall— (A)identify the chemical substance for which information has been received; (B)list— (i)the commercial and consumer uses or intended commercial and consumer uses of the substance known to the Administrator; and (ii)the information required by the applicable standards for the development of test information; and (C)describe the nature of the test information developed. (3)

Availability

Subject to section 14, the Administrator shall make the test information described in this subsection available on a publicly accessible Internet site. (f)

Requests from other agencies for additional information or testing

(1)

In general

The head of a Federal agency may request the Administrator to seek the information on behalf of that agency if the head of that Federal agency determines that— (A)information relating to a chemical substance, including information derived from new testing or monitoring, would assist that Federal agency in carrying out the duties or exercising the authority of that agency; but (B)the requested information is not available to that agency. (2)

Duty of Administrator

Not later than 60 days after the date of receipt of a request under paragraph (1), the Administrator shall— (A)subject to section 14, make the information available to the requesting agency or institution; (B)issue a request under section 8(k) to require— (i)the submission of existing pertinent information to the Administrator; and (ii)a copy of any such submission to be furnished to the requesting agency or institution; (C)issue a rule or order under subsection (b)— (i)to develop the information; and (ii)to require the developed information to be furnished to the requesting agency or institution; or (D)publish in the Federal Register the reason for which none of the actions described in this paragraph were taken. (g)

Certification

Each person who submits information under this section or under a rule or an order promulgated or issued by the Administrator under this section shall accompany the information with a certification signed by a responsible official that each statement contained in the submission— (1)is accurate and reliable; and (2)includes all material facts known to, in the possession or control of, or reasonably ascertainable by, the person.

New chemical substances and new uses of chemical substances

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

New chemical substances and new uses of chemical substances

(a)

Definitions

In this section: (1)

Manufacture and process

The terms manufacture and process mean manufacture or process, respectively, for commercial purposes. (2)

Test marketing

The term test marketing does not include any provision of a chemical substance or mixture, or an article containing a chemical substance or mixture, to an end consumer of the chemical substance, mixture, or article. (b)

New chemical substances

(1)

Notices

Except as provided in subsection (h), no person may manufacture a new chemical substance, or process the chemical substance for a use that is proposed to meet the criteria described in section 6(h)(2)(B), unless— (A)the person submits to the Administrator a notice, in accordance with subsection (g)(1)(A), of the intention of the person to manufacture or process the substance; (B)the person complies with subsection (f); and (C)the Administrator finds that— (i)the new chemical substance is likely to meet the safety standard under section 6(d), which shall be limited to substances assigned by the Administrator to 1 of the categories described in paragraph (2)(D)(iii); or (ii)the person has established by clear and convincing evidence that 1 or more uses of the new chemical substance meet the criteria described in section 6(h)(2)(B), in which case— (I)the Administrator may by order allow the person to manufacture or process the substance only for such use or uses in accordance with subparagraph (A) of section 6(h)(2); (II)the procedures and requirements specified in subparagraphs (A), (C), (D), and (E) of section 6(h)(2) shall apply; and (III)the Administrator shall not, upon receipt of a notice of commencement for the chemical substance under subsection (d), add the chemical substance to the active inventory established under section 8(h)(1). (2)

Categorization of new chemical substances

(A)

Rule

Not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013, the Administrator shall promulgate a rule that— (i)designates the categories in accordance with subparagraph (D) and specifies the process and criteria the Administrator will use to categorize new chemical substances; and (ii)describes criteria and factors the Administrator will use to assess weight of evidence and the quality and reliability of information used to inform categorization decisions. (B)

Information sources

In categorizing a new chemical substance, the Administrator shall consider information on the substance available to the Administrator at the time the categorization decision is to be made, including information— (i)received by the Administrator from the manufacturer or processor of the substance in accordance with subsection (f); (ii)submitted to a governmental body in another jurisdiction, to the extent that the information is accessible to the Administrator; (iii)derived through application of validated structure-activity relationship or other models developed by the Administrator to estimate the environmental and human health effects, environmental and biological fate and behavior, and exposure potential of chemical substances; (iv)inferred based on the degree of similarity of the structure or properties of the new chemical substance to those of 1 or more other chemical substances for which reliable information exists that is relevant to predicting the potential environmental or human health effects, environmental or biological fate and behavior, or exposure potential of the new chemical substance; and (v)any additional information the Administrator determines is needed to categorize the substance, including information identified as needed based on the analysis by the Administrator of estimated or inferred information described in clauses (iii) and (iv). (C)

Timing

Not later than 90 days after the date of receipt of a notice under paragraph (1)(A), the Administrator shall assign the new chemical substance for which the notice was submitted to 1 of the categories described in subparagraph (D). (D)

Category

Not later than 90 days after the enactment of the Safe Chemicals Act of 2013, the Administrator shall designate asbestos as a chemical substance of very high concern under subsection (b)(3)(B)(i). (B)

Use and exposure assessment

Not later than 90 days after the date on which asbestos is assigned to the category of substances of very high concern under subsection (b)(3)(B)(i), the Administrator shall complete and publish an identification and assessment of the known uses of, and exposures to asbestos. (C)

Exposure reduction

As soon as practicable, but not later than 12 months after the date of enactment of the Safe Chemicals Act of 2013, the Administrator shall impose, by order, use restrictions and other conditions, including the conditions specified in subsection (f) on the manufacturing, processing, use, distribution in commerce, and disposal of asbestos that the Administrator determines to be necessary to achieve the maximum practicable reduction in human or environmental exposure to asbestos. The Administrator shall select conditions that permanently reduce or eliminate the possibility of exposures to the maximum extent practicable. (D)

Timing of exposure reductions

Except as provided in clauses (i) and (ii) of subsection (h)(2)(B), effective beginning on the date that is 12 months after the date of issuance by the Administrator of the order described in subparagraph (C), no person shall manufacture, process, or distribute in commerce asbestos subject to the determination, or any mixture or article containing asbestos, for any use or under any condition other than those specified in the order issued under subparagraph (C). (2)

Management of material

(A)

Draft guidance

Not later than 180 days after the date of enactment of the Safe Chemicals Act of 2013, the Administrator, in consultation with the Director of the National Institutes of Occupational Safety and Health, shall publish draft guidance describing the steps that Federal agencies and contractors of Federal agencies shall take to enhance protections for public health and safety and the environment, and to better solicit information from members of the public who may potentially be affected by asbestos, when Federal agencies and contractors of Federal Agencies handle or dispose of asbestos. The Administrator shall allow 30 days of public comment on this draft guidance and hold no fewer than two public meetings on this draft guidance in communities impacted by asbestos contamination. (B)

Final guidance

Not later than 12 months after the date of enactment of the Safe Chemicals Act of 2013, the Administrator, in consultation with the Director of the National Institutes of Occupational Safety and Health, shall publish final guidance describing the steps that Federal agencies and contractors of Federal Agencies shall take to enhance protections for public health and safety and the environment when handling and disposing of asbestos. The final guidance shall also include steps that shall be taken to better solicit information from and protect the health and safety of people located near areas where asbestos is located, where asbestos is transported, and where asbestos disposal occurs. (3)

Definition

For purposes of this section, the term asbestos has the meaning given such term under section 202(3). (4)

No effect on compliance with environmental laws

Nothing in paragraph (2) or any amendment made by paragraph (2) shall be construed to affect or limit the application of or obligation to comply with any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (l)

Certification

Each submission required under this section (or a regulation or order promulgated or issued by the Administrator pursuant to this section) shall be accompanied by a certification signed by a responsible official of the manufacturer or processor that each statement contained in the submission— (1)is accurate and reliable; and (2)includes all material facts required by the applicable provision of this section or rule or order under this section. (m)

Effective date

In any regulation or order under this section, the Administrator shall specify the date on which the regulation or order shall take effect, which date shall be as soon as practicable after the date of promulgation or issuance of the regulation or order.

(b)

Definition of asbestos

Section 202(3) of the Toxic Substances Control Act (15 U.S.C. 2642(3)) is amended— (1)in subparagraph (E), by striking or; (2)in subparagraph (F), by striking the period at the end and inserting , and; and (3)by adding at the end the following

(G)any material formally classified as tremolite, including— (i)winchire asbestos, and (ii)richterite asbestos, and (H)any asbestiform amphibole mineral.

Imminent hazards

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

Imminent hazards

(a)

Actions authorized and required

(1)

In general

The Administrator may commence a civil action in an appropriate district court of the United States for— (A)seizure of a chemical substance or mixture, or any article containing a chemical substance or mixture, that may present an imminent and substantial endangerment to health or the environment; (B)relief authorized under subsection (b) against any person that— (i)manufactures, processes, distributes in commerce, uses, or disposes of a chemical substance or mixture, or any article containing a chemical substance or mixture, if the manufacture, processing, distribution in commerce, use, or disposal may present an imminent and substantial endangerment to health or the environment; or (ii)contributes to an activity described in clause (i); or (C)both seizure and relief described in subparagraphs (A) and (B), respectively. (2)

Other actions

(A)

In general

The Administrator may issue such orders as are necessary to protect health or the environment from any manufacturing, processing, distribution in commerce, use, or disposal 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, as determined by the Administrator. (B)

Requirement

An order under subparagraph (A) may include such requirements imposed on the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or article containing the chemical substance or mixture, as the Administrator determines are necessary to protect health or the environment, including— (i)the requirements described in section 6(c); and (ii)the relief authorized under subsection (b). (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— (A)the existence of a rule or order under this Act; and (B)the pendency of any administrative or judicial proceeding under this Act. (b)

Relief authorized

(1)

In general

The district court of the United States in which a civil action under subsection (a)(1) is brought shall have jurisdiction to grant such temporary or permanent relief as are necessary to protect health or the environment from the risk associated with the activity involved in the civil action. (2)

Types of relief

In the case of a civil action under subsection (a)(1) brought against a person that manufactures, processes, distributes in commerce, uses, or disposes of a chemical substance or mixture or an article containing a chemical substance or mixture, the relief authorized by paragraph (1) may include— (A)the issuance of a mandatory order imposing any of the requirements described in section 6(c); and (B)in the case of purchasers of the substance, mixture, or article known to the defendant— (i)notification to the purchasers of the risk associated with the substance, mixture, or article; (ii)public notice of the risk; (iii)recall; (iv)the replacement or repurchase of the substance, mixture, or article; or (v)any combination of the actions described in section 6(c) or in clauses (i) through (iv) of this subparagraph; or (C)such other relief as is necessary to protect health or the environment from the risk associated with the activity involved in the civil action. (3)

Seizure and condemnation

(A)

In general

A civil action under subsection (a)(1) against a chemical substance, mixture, or article may be proceeded against by process of libel for seizure and condemnation of the chemical substance, mixture, or article. (B)

Proceedings

Proceedings in a civil action described in subparagraph (A) shall conform, to the maximum extent practicable, to proceedings in rem in admiralty. (c)

Venue and consolidation

(1)

Venue

(A)

In general

A civil action under subsection (a)(1) against a person that manufactures, processes, or distributes a chemical substance or mixture or an article containing a chemical substance or mixture may be brought in the United States District Court for the District of Columbia, or in any judicial district in which any of the defendants is found, resides, or transacts business. (B)

Process

Process in an action described in subparagraph (A) may be served on a defendant in any other district in which the defendant resides or may be found. (C)

Chemical substances, mixtures, or articles

A civil action under subsection (a)(1) against a chemical substance, mixture, or article may be brought in any United States district court within the jurisdiction of which the chemical substance, mixture, or article is found. (D)

Multiple judicial districts

In determining the judicial district in which a civil action may be brought under subsection (a)(1) in instances in which the action may be brought in more than 1 judicial district, the Administrator shall take into account the convenience of the parties. (E)

Subpoenas

Subpoenas requiring attendance of witnesses in a civil action brought under subsection (a)(1) may be served in any judicial district. (2)

Consolidation

If proceedings under subsection (a)(1) involving identical chemical substances, mixtures, or articles are pending in courts in 2 or more judicial districts, the proceedings shall be consolidated for trial by order of any such court on application reasonably made by any party in interest, on notice to all parties in interest.

Reporting and retention of information

Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is amended to read as follows:

Reporting and retention of information

(a)

Definitions

In this section: (1)

Known to, or reasonably ascertainable by

The term known to, or reasonably ascertainable by has the meaning given the term in section 704.3 of title 40, Code of Federal Regulations (or successor regulations). (2)

Manufacture and process

The terms manufacture and process mean manufacture and process, respectively, for commercial purposes. (b)

Declarations of chemical substances in commerce

(1)

Scope and criteria

(A)

Scope

The declarations described in this subsection shall apply only to chemical substances in commerce as of the date of enactment of the Safe Chemicals Act of 2013. (B)

Criteria

The following criteria shall apply in identifying chemical substances to which the declarations described in this subsection apply: (i)

Current commercial interest

A chemical substance in which a manufacturer or processor has a current commercial interest shall include only chemical substances that the manufacturer or processor— (I)is currently manufacturing or processing; or (II)has manufactured or processed in the recent past and expects to manufacture or process again in the near future. (ii)

Potential commercial interest

A chemical substance in which a manufacturer or processor has a potential commercial interest shall include only a chemical substance that may serve as a reasonable substitute for a chemical substance in which the manufacturer or processor has declared a current commercial interest. (C)

Guidance

Not later than 90 days after the date of enactment of the Safe Chemicals Act of 2013, the Administrator shall issue guidance further describing the criteria described in subparagraph (B) and specifying the supporting information manufacturers and processors are to include in declarations they submit pursuant to paragraph (2) or (3) for chemical substances in which they have a current or potential commercial interest. (2)

Declaration of current commercial interest in a chemical substance

(A)

In general

Notwithstanding any other provision of law, not later than 180 days after the date of enactment of the Safe Chemicals Act of 2013, each manufacturer of a chemical substance in which the manufacturer has a current commercial interest shall submit to the Administrator a declaration of the interest for the chemical substance. (B)

Exclusions or exemptions

Declarations are required for all chemical substances in which a manufacturer has a current commercial interest, notwithstanding any exclusions or exemptions from other notification or reporting requirements provided in any other provision of this Act. (C)

Processors

A processor of a chemical substance in which the processor has a current commercial interest that meets the criteria described in paragraph (1)(B)(i) may voluntarily submit to the Administrator a declaration for the chemical substance. Such a declaration shall be submitted not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013. (3)

Declaration of potential commercial interest in a chemical substance

(A)A manufacturer or processor may voluntarily submit to the Administrator, not later than 180 days after the date of enactment of the Safe Chemicals Act of 2013, a declaration for a chemical substance in which the manufacturer or processor— (i)does not have a current commercial interest; but (ii)has a potential commercial interest that meets the criteria described in paragraph (1)(B)(ii). (B)If a manufacturer or processor commences the manufacture or processing of a chemical substance for which it submitted a declaration under this paragraph, the manufacturer or processor shall comply with the requirements of subsection (h)(5)(B). (4)

Declaration of cessation of manufacturing or processing

A former or current manufacturer or processor of a chemical substance in which the manufacturer or processor no longer has a commercial interest may voluntarily submit to the Administrator, not later than 180 days after the date of enactment of the Safe Chemicals Act of 2013, a declaration that the manufacturer or processor has ceased, or will cease not later than 180 days after the date on which the declaration is submitted, all production, importation, processing, and export of the chemical substance. (5)

Contents

A declaration submitted under this subsection shall include for each chemical substance— (A)the chemical identity and any special substance characteristics of the chemical substance; (B)the identity and primary business location of the manufacturer or processor; and (C)information supporting the declarant’s basis for meeting the applicable criteria under paragraph (1)(B). (6)

Review by Administrator

(A)

In general

The Administrator shall— (i)review each declaration received under this subsection to determine whether the declaration conforms to the criteria and requirements of this subsection; and (ii)(I)for a chemical substance for which 1 or more conforming declarations are submitted under paragraph (2), add the chemical substance to the list of active chemical substances in the inventory established under subsection (h)(1); (II)for a chemical substance for which the only conforming declarations submitted for the substance are submitted under paragraph (3), add the chemical substance to the list of inactive chemical substances in the inventory established under subsection (h)(5); and (III)for a chemical substance for which the only conforming declarations submitted for the substance are submitted under paragraph (4), or for which no declaration has been submitted, remove the chemical substance from the inventories established under subsection (h). (B)

Revisions

The Administrator shall allow a manufacturer or processor, as applicable, to promptly revise and resubmit any declaration submitted to the Administrator under this subsection if the Administrator determines that any omission or error in the original declaration was not intentional. (c)

Periodic reporting by manufacturers

(1)

In general

The Administrator shall— (A)maintain the periodic reporting program of the agency applicable to manufacturers of chemical substances set forth in part 711 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Safe Chemicals Act of 2013), unless such reporting requirements are superseded pursuant to subparagraph (B); or (B)establish a new periodic reporting program consistent with this subsection. (2)

Rulemaking

(A)

In general

Not later than 180 days after the date of enactment of the Safe Chemicals Act of 2013, the Administrator shall specify, by rule— (i)the chemical substances for which periodic reporting is required; and (ii)the information a chemical manufacturer is required to submit to the Administrator for the chemical substances included under the periodic reporting program. (B)

Exemptions

The rule promulgated under subparagraph (A) may exempt certain manufacturers, including small manufacturers, from— (i)a requirement to participate in the periodic reporting program, if the Administrator determines that the participation of those manufacturers would not assist in the administration of this Act; or (ii)specific reporting requirements, if the Administrator determines that the value of a particular reporting requirement, for the administration of this Act, would not be commensurate with the burden of the requirement on submitters. (C)

Contents

The rule promulgated under subparagraph (A) shall, at a minimum, require each manufacturer of a chemical substance included in the periodic reporting program to submit to the Administrator— (i)the chemical identity and any special substance characteristics of the chemical substance, the identity and primary business location of the manufacturer, and any updates to the supporting information submitted by the manufacturer in any declaration for an included chemical substance submitted under subsection (b); (ii)a list of health and safety studies conducted or initiated by or for, known to, or reasonably ascertainable by, the manufacturer with respect to each included chemical substance; (iii)a copy of each study described in clause (ii) in the possession or control of the manufacturer that has not previously been submitted to the Administrator; and (iv)all other information specified by the Administrator in the rules promulgated under this subsection that is 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 regarding— (I)the physical, chemical, and toxicological properties of the chemical substance; (II)the manufacturer’s annual production volume of the chemical substance; (III)the uses of, and exposure and fate information relating to the manufacturer’s production or import of the chemical substance; and (IV)the name and location of each facility to which the manufacturer sends the chemical substance after manufacture for subsequent processing, distribution, or use. (d)

Records To support declarations and periodic reports

(1)

In general

Each manufacturer and processor of a chemical substance that is distributed in commerce shall— (A)maintain records of the information submitted to the Administrator under subsections (b) and (c), as well as supporting information; and (B)submit those records or that information to the Administrator upon request by the Administrator. (2)

Burden of proof

Each manufacturer and processor that submits to the Administrator a declaration under subsection (b) or a notice under subsection (h)(5)(B) shall at all times bear the burden of proving that the manufacturer or processor— (A)has a current or potential commercial interest in the applicable chemical substance; or (B)has ceased the production, importation, processing, and export of, the applicable chemical substance. (e)

Substance identification and information for chemical processors

(1)

Rulemaking

(A)

In general

Not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013, the Administrator shall specify, by rule, the information that chemical processors are required to submit for chemical substances under this subsection as will assist the Administrator in the administration of this Act. (B)

Exemptions

The rule promulgated under this paragraph may exempt certain processors, including small processors, from— (i)a requirement to participate in the periodic reporting program, if the Administrator determines that the participation of those processors would not assist in the administration of this Act; or (ii)specific reporting requirements, if the Administrator determines that the value of a particular reporting requirement, for the administration of this Act, would not be commensurate with the burden of the requirement on submitters. (2)

Information requirements

The rule promulgated under paragraph (1) shall— (A)specify the information that processors are required to submit for chemical substances that are— (i)processed for use in 1 or more consumer or commercial product categories, as determined by the Administrator; and (ii)intentionally added to 1 or more products during processing and not incidental to the end uses of the products; (B)require each processor of a chemical substance identified under subparagraph (A) to submit the information specified in clauses (i) through (iii) of subparagraph (C) for the chemical substance, and to submit the information specified in clauses (iv) through (viii) of subparagraph (C)— (i)separately for each applicable consumer and commercial product category; and (ii)in aggregate form, taking into account the use by the processor of the chemical substance in all product categories; (C)require each processor of a chemical substance identified under subparagraph (A) to identify in the submission of the processor— (i)the corporate name and primary business location of the processor; (ii)the chemical identity and any special substance characteristics of the chemical substance; (iii)the applicable consumer or commercial product category or categories for which the processor processes the chemical substance; (iv)the annual volume of the chemical substance processed by the submitter; (v)any products intended for use by children aged 14 years or younger for use in which the processor processes the chemical substance; (vi)the concentration range within which the maximum concentration of the substance used in each consumer and commercial product category falls; (vii)the range within which the total number of commercial workers reasonably likely to be exposed to the chemical substance at the processing site falls; and (viii)any other information regarding processing activities or product descriptors relating to the processor’s processing of the chemical substance identified by the Administrator as necessary to understand the potential exposure from processed chemical substances or products in which the chemical substances are used; and (D)require each processor to periodically report the information described in subparagraphs (B) and (C) for the chemical substances described in subparagraph (A). (3)

Records

The rules promulgated under paragraph (1) shall require processors of chemical substances to which those rules apply— (A)to maintain records of the information described in paragraph (2); and (B)to submit those records to the Administrator upon request by the Administrator. (f)

Updating of information

(1)

In general

Each manufacturer or processor of a chemical substance that submits information to the Administrator under subsection (c) or (e) shall update the information— (A)at a minimum every 4 years; and (B)at any time that— (i)the manufacturer or processor obtains knowledge of, comes into possession of, or generates significant new information regarding the production, processing, use, distribution, hazard, or exposure potential of the chemical substance; or (ii)there is a significant change in the production, distribution in commerce, or use of the chemical substance by or known to the manufacturer or processor. (2)

Guidance

Not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013, the Administrator shall issue guidance on what constitutes significant new information regarding or significant changes in the production, distribution in commerce, or use of a chemical substance. (g)

Reports

(1)

Requirement

(A)

In general

Except as provided in paragraph (2), the Administrator may by rule or order require any person who manufactures, processes, distributes in commerce, uses, or disposes of a chemical substance, or a mixture or article containing the chemical substance to maintain records of and report by a specified date any existing information concerning the substance that, in the judgment of the Administrator, would assist the Administrator in— (i)making a safety standard determination with respect to a chemical substance; (ii)determining testing or information needs for a chemical substance; (iii)assigning a chemical substance to a batch, category, or priority class pursuant to section 6; (iv)evaluating, developing, and implementing risk management conditions for a chemical substance; (v)assessing hazards, exposures, or risks related to the manufacture, use, distribution, processing, or disposal of a chemical substance; (vi)determining compliance with any provision of this Act; or (vii)any other aspect of administering this Act. (B)

Characteristics

The Administrator may by rule or order require that any report or information submitted pursuant to this Act include chemical identity and special substance characteristics, as appropriate to the chemical substance that is the subject of the report or information. (C)

Required information

The Administrator shall by rule or order specify or modify the information that is required to be submitted with a particular report or information submission to establish the chemical identity and special substance characteristics of the subject chemical substance (or mixture or article containing that chemical substance) for the purposes of the report or information submission. (2)

Exemptions

(A)

Small quantities for research or analysis

In the case of the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance 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 promulgate a rule or order under paragraph (1) only to the extent that the Administrator determines that the maintenance of records, submission of reports, or both, is necessary for the effective enforcement of this Act. (B)

Small business

The rules promulgated under this subsection may exempt certain small businesses from the rules promulgated under this subsection, if the Administrator determines that the participation of those small businesses would not assist in the administration of this Act. (h)

Inventories

(1)

Active inventory

The Administrator shall compile, keep current, and, subject to section 14, publish a list of each chemical substance that is manufactured or processed in the United States. (2)

Contents

(A)

In general

The list shall consist of those chemical substances for which— (i)a notice is submitted under section 5(d), consistent with the requirements of section 5(b); or (ii)a valid declaration is submitted under paragraph (2) of subsection (b). (B)

Exclusions

The list shall not include— (i)any chemical substance for which the only declarations submitted are submitted under paragraph (3) or (4) of subsection (b), or for which no declaration has been submitted; or (ii)any chemical substance for which an exemption has been granted under section 5(b)(1)(C)(ii) or section 6(h)(2). (3)

Timing

(A)

In general

Except as provided in paragraph (2)(B), for a chemical substance for which a notice is submitted under section 5(d), the chemical substance shall be included in the list established under paragraph (1) as of the earliest date (as determined by the Administrator) on which the substance was manufactured or processed in the United States. (B)

Publication

The Administrator shall first publish a list under paragraph (1) not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013. (4)

Small quantities for research or analysis

The Administrator shall not include in the list established under paragraph (1) any chemical substance that 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, the substance or another substance, including research or analysis for the development of a product. (5)

Inactive inventory

(A)

In general

The Administrator shall compile, keep current, and, subject to section 14, publish an inactive list on which the Administrator shall include each chemical substance for which the only declarations submitted for the substance are submitted under subsection (b)(3). (B)

Requirements

If a manufacturer or processor commences the manufacture or processing of a chemical substance on the inactive list, the manufacturer or processor shall— (i)not less than 30 days before recommencing the manufacture or processing of the chemical substance, notify the Administrator; and (ii)provide with the notification under clause (i)— (I)the chemical identity and any special substance characteristics of the chemical substance; (II)the identity and primary business location of the manufacturer; (III)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; (IV)upon request of the Administrator, a copy of each study described in subclause (III) in the possession or control of the manufacturer that has not previously been submitted to the Administrator; (V)the projected annual manufacturing or processing volume for the chemical substance for each of the subsequent 3 years; (VI)the name and location of each facility to which the chemical substance is expected to be sent, after manufacture or processing, for subsequent processing, distribution in commerce, or use; and (VII)all other existing 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 regarding— (aa)the toxicological properties of the chemical substance; and (bb)the uses of, and exposure and fate information relating to, the chemical substance. (C)

Administrator actions

For any chemical substance for which the Administrator receives a valid notification under subparagraph (B), the Administrator shall promptly— (i)move the chemical substance to the active inventory established under paragraph (1); and (ii)add the chemical substance to the current batch of chemical substances identified pursuant to section 6(a), and categorize the chemical substance with other chemical substances in the batch, pursuant to section 6(b). (D)

Administration

Disclosure of any information provided in the notice described in subparagraph (B) shall be subject to section 14. (6)

Chemicals not listed on or removed from the inventories

If a manufacturer or processor seeks to commence the manufacture or processing of a chemical substance that is not listed on the inventories established under paragraph (1) or (5), or that has been removed from the inventories pursuant to subsection (b)(6)(A)(ii)(III), the manufacturer or processor shall comply with section 5. (i)

Public access to significant information

(1)

Electronic database

Not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013, the Administrator, through collaboration as appropriate, shall establish— (A)an electronic, Internet-accessible database for the storing and sharing of information relating to the toxicity and use of, and exposure to, chemical substances; and (B)procedures for use in maintaining and updating the database. (2)

Public access

Not later than 18 months after the date of enactment of the Safe Chemicals Act of 2013 or for decisions made or information submitted after that 18-month period, not later than 90 days after the date on which a decision is made by the Administrator or information submitted under this title is received by the Administrator, the Administrator shall, subject to section 14, make available to the public via the Internet-accessible database described in paragraph (1) a description of all significant— (A)decisions made by the Administrator under this title; and (B)information submitted pursuant to this title. (j)

Records of significant adverse reactions

(1)

In general

Any person that manufactures, processes, or distributes in commerce any chemical substance shall maintain, and on request submit to the Administrator, records of significant adverse reactions to human health or the environment, as determined by the Administrator by rule, alleged to have been caused by the substance or mixture. (2)

Duration

(A)

In general

Records of the adverse reactions to the health of employees shall be retained for a period of 30 years after the date on which the reactions were first reported to or known by the person maintaining the records. (B)

Other records

Any record of other adverse reactions shall be retained for a period of 5 years after the date on which information contained in the record was first reported to or known by the person maintaining the record. (3)

Contents

Records required to be maintained under this subsection shall include— (A)records of consumer allegations of personal injury or harm to health; (B)reports of occupational disease or injury; and (C)reports or complaints of injury to the environment submitted to the manufacturer, processor, or distributor in commerce from any source. (k)

Information in the possession of other federal agencies

(1)

Synopses

(A)

In general

Notwithstanding any other provision of law, from time to time, each Federal agency and Federal institution shall submit to the Administrator a synopsis of the data and records in the possession or control of the agency or institution, respectively, that may be useful to the Administrator in carrying out this Act. (B)

Format and content

Not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013, the Administrator shall prescribe, by order, the format, content, and level of detail of the synopses. (C)

Initial submission

Not later than 18 months after the date of enactment of the Safe Chemicals Act of 2013, each Federal agency and Federal institution shall make the initial submission of a synopsis of the agency and institution, respectively, to the Administrator. (D)

Updates

At least once every 3 years, each Federal agency and Federal institution shall— (i)update the synopsis of the agency and institution, respectively; and (ii)submit the updated synopsis to the Administrator. (2)

Requests by the administrator

Notwithstanding any other provision of law, on the request of the Administrator, any information in the possession or control of an agency or institution relating to a hazard of, use of, exposure to, or risk of, a chemical substance (or mixture or article containing that chemical substance) shall be submitted to the Administrator. (l)

Notice to administrator of substantial risks

Any person that manufactures, processes, or distributes in commerce a chemical substance and that obtains information that reasonably supports the conclusion that the substance presents a substantial risk of injury to health or the environment shall immediately inform the Administrator of the information unless the person has actual knowledge that the Administrator has been adequately informed of the information. (m)

Certification

Each submission required pursuant to this section or pursuant to a rule or an order promulgated or issued by the Administrator under this section, other than a submission under subsection (k), shall be accompanied by a certification signed by a responsible official of the manufacturer, processor, distributor, user, or disposer of a chemical substance that each statement contained in the submission— (1)is accurate and reliable; and (2)includes all material facts required by the applicable provision of this section or rule or order under this section. (n)

Administration

(1)

In general

Nothing in this section limits the authority of the Administrator to require reporting under any other provision of this Act by any person who manufactures, processes, distributes in commerce, uses, or disposes of a chemical substance, or a mixture or article containing a chemical substance. (2)

Violations

In addition to all other authorities available for the enforcement of this Act, the Administrator may, by order, take any action authorized under section 6(f) if a person who manufactures, processes, distributes in commerce, uses, or disposes of a chemical substance, or a mixture or article containing a chemical substance violates any provision of this section.

10.

Relationship to other Federal laws

Section 9 of the Toxic Substances Control Act (15 U.S.C. 2608) is amended— (1)in subsection (a)— (A)by striking paragraphs (1) and (2) and inserting the following:

(1)

Report

(A)

In general

If the Administrator determines that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance, or that any combination of those activities, does not meet a safety standard under this title or requires conditions or restrictions in order to the meet the safety standard, and the Administrator determines that action may be taken under a Federal law not administered by the Administrator to address the uses of, or exposure to, the chemical substance, the Administrator shall submit to the agency that administers the Federal law a report that— (i)describes with specification the activity or combination of activities that prevent the chemical substance from meeting the safety standard or restrictions or conditions required to meet the safety standard under this title; (ii)requests that the agency— (I)determine whether the 1 or more actions may be taken under Federal law administered by the agency; (II)if the agency determines under clause (i) that the 1 or more actions may be taken, initiate and provide a timetable for the 1 or more actions; and (III)respond to the Administrator with respect to the matters described in the report; and (iii)includes a detailed statement of the information on which the report is based. (B)

Publication

A report of the Administrator submitted under subparagraph (A) shall be promptly published in the Federal Register. (C)

Action by recipient agency

Not later than 90 days after the date of receipt of a report from the Administrator under subparagraph (A), or by such earlier date as the Administrator may specify in such a report, an agency that receives the report shall— (i)make all determinations requested by the Administrator in the report; (ii)take all action necessary to ensure that a chemical substance meets the safety standard under this title, if appropriate; (iii)include with the response of the agency a detailed statement of the findings and conclusions of the agency; and (iv)publish that statement in the Federal Register. (2)

Initiation of action

If the Administrator submits a report under paragraph (1) with respect to a chemical substance to an agency, and the agency that receives the report initiates, within the period specified in the request under paragraph (1), a civil action under Federal law administered by the agency to ensure that a chemical substance meets the safety standard under this title, or requires restrictions or conditions to meet that safety standard, the Administrator may not take action under this Act with respect to the civil action (other than any action taken pursuant to section 7).

;

(B)by redesignating paragraph (3) as paragraph (4); (C)by inserting after paragraph (2) the following:

(3)

No action

The Administrator may, by order, initiate action or a combination of actions under this Act to ensure compliance with the safety standard for a chemical substance under this title if— (A)the Administrator submits a report under paragraph (1) with respect to a chemical substance; and (B)the agency to which the report was submitted— (i)determines that action cannot be taken under the authorities of the agency; (ii)does not initiate action, if appropriate, within the period specified in the request under paragraph (1); (iii)does not complete the action within the timeframe provided by the agency; or (iv)fails to respond.

; and

(D)in paragraph (4) (as redesignated by subparagraph (B))— (i)by striking (4) If the Administrator has initiated action under section 6 or 7 and inserting the following:

(4)

Consultation

If the Administrator has initiated action under this Act

; and

(ii)by striking against such risk after Federal action; (2)in subsection (c)— (A)by striking the Administrator shall not and inserting

Administrator—(1)shall not

; and

(B)by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

(2)shall ensure that any actions to address workplace exposures that the Administrator takes or requires to be taken by manufacturers or processors of a chemical substance are consistent with the industrial hygiene hierarchy of controls.

; and

(3)in subsection (d)— (A)in the first sentence, by striking while imposing the least burden of duplicative requirements on those subject to the Act and for other purposes; and (B)in the second sentence, by striking , in the report required by section 30,.

11.

Inspections and subpoenas

Section 11 of the Toxic Substances Control Act (15 U.S.C. 2610) is amended to read as follows:

11.

Inspections and subpoenas

(a)

Inspections

(1)

In general

For purposes of administering this Act, the Administrator, and any duly designated representative of the Administrator, may inspect— (A)any establishment, facility, or other premises in which chemical substances, mixtures, or articles subject to this Act are manufactured, processed, stored, or held before or after distribution in commerce; (B)any conveyance being used to transport such chemical substances, mixtures, or articles in connection with distribution in commerce; and (C)any place at which records relating to the chemical substances, mixtures, or articles, or otherwise relating to compliance with this Act, are held. (2)

Method

Each inspection under paragraph (1) shall be— (A)commenced and completed with reasonable promptness; and (B)conducted at reasonable times, within reasonable limits, and in a reasonable manner. (3)

Samples

The Administrator, and any duly designated representative of the Administrator, may inspect and obtain samples of any— (A)chemical substance, mixture, or article; and (B)container or labeling of a chemical substance, mixture, or article. (b)

Scope

An inspection conducted under subsection (a) shall extend to all things within the premises or conveyance inspected (including records, files, papers, processes, controls, and facilities) regarding whether the owner or operator of the premises, conveyance, or records has complied with provisions of this Act applicable to the chemical substances, mixtures, articles, or records. (c)

Information gathering

(1)

In general

In carrying out this Act, the Administrator may require the attendance and testimony of witnesses and the production of such reports, papers, documents, items, answers to questions, and other information, including the development of analyses and other information, as the Administrator determines to be necessary. (2)

Payment of witnesses

A witness described in paragraph (1) shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (d)

Warrants

For purposes of enforcing this Act, upon a showing to an officer or court of competent jurisdiction that there is reason to believe that a provision of this Act has been violated, officers or employees duly designated by the Administrator are empowered to obtain and to execute warrants authorizing— (1)entry, inspection, and copying of records for purposes of this Act; and (2)the seizure of any chemical substance, mixture, or article that is in violation of this Act.

12.

Exports

Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is amended— (1)by striking subsection (a); (2)by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; (3)in subsection (a) (as redesignated by paragraph (2))— (A)in paragraph (1)— (i)by striking or intends to export; (ii)by striking section 4 or 5(b) and inserting section 4, 5, or 6(b); (iii)by striking or intent to export and inserting , not later than 30 days after the date of exportation of the substance or mixture,; and (iv)by inserting promptly thereafter before furnish; (B)in paragraph (2)— (i)by striking or intends to export; (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 an action has been taken pursuant to section 6 or 7; (iii)by striking or intent to export and inserting , not later than 30 days after the date of exportation of the substance or mixture,; (iv)by inserting promptly thereafter before furnish; and (v)by striking such rule, order, action, or relief and inserting the action taken pursuant to section 6 or 7; and (C)by adding at the end the following:

(3)

Change in export status

(A)

In general

Any person that has notified the Administrator of the exportation of a chemical substance or mixture under this section shall notify the Administrator of any change in the export status of the substance or mixture by not later than 30 days after such a change in status. (B)

Updated notice

The Administrator shall promptly furnish 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— (i)data for the substance or mixture have been received by the Administrator pursuant to section 4, 5, 6(b), or 8; (ii)a change has occurred in the export status of the substance or mixture; or (iii)a change has been made in any risk management action taken pursuant to section 6 or 7 for the substance or mixture.

;

(4)in subsection (b), as redesignated by paragraph (2) of this section— (A)by striking paragraph (2); and (B)by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively; and (5)by adding at the end the following:

(c)

Public records

The Administrator shall— (1)maintain copies of all current notices provided to other governments under this section; and (2)make such copies available to the public in electronic format.

13.

Entry into customs territory of the United States

Section 13 of the Toxic Substances Control Act (15 U.S.C. 2612) is amended— (1)by striking Secretary of the Treasury each place it appears and inserting Secretary of Homeland Security; (2)in subsection (a)— (A)in paragraph (1), by striking if— and subparagraphs (A) and (B) and inserting if 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.; and (B)by adding at the end the following:

(3)

Import as part of an article

Chemical substances and mixtures imported as part of an article shall be subject to the same requirements under this Act as if the substances and mixtures had been imported in bulk, except as the Administrator may provide by rule under this Act, or as the Secretary of Homeland Security may provide by rule under subsection (b).

14.

Disclosure of data

Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613) is amended to read as follows:

14.

Disclosure of data

(a)

Applicability

(1)

In general

Subject to paragraph (2) and except as provided under subsections (b) and (e), any information reported to, or otherwise obtained by, the Administrator (or any representative of the Administrator) that is exempt from disclosure under subsection (a) of section 552 of title 5, United States Code, (commonly known as the Freedom of Information Act) under subsection (b)(4) of that section, shall not be disclosed by the Administrator or by any officer or employee of the United States, unless the designation of the information as exempt from disclosure is prohibited under Federal law. (2)

Exemptions

(A)

Mandatory exemptions

Notwithstanding any other provision of law, the Administrator shall disclose the information described in paragraph (1)— (i)to any officer or employee of the United States— (I)in connection with the official duties of that officer or employee under any law for the protection of human health or the environment; or (II)for specific law enforcement purposes; (ii)to a contractor with the United States and employees of that contractor if, in the opinion of the Administrator, the disclosure is necessary for the satisfactory performance by the contractor of a contract with the United States entered into on or after the date of enactment of the Safe Chemicals Act of 2013 for the performance of work in connection with this Act and under such conditions as the Administrator may specify; (iii)if the Administrator determines that the disclosure is necessary to protect human health or the environment; (iv)on request, to a State or tribal government for the purpose of development or potential development, administration, or enforcement of a law, if 1 or more applicable agreements ensure that the recipient government will take appropriate steps, and has adequate authority, to maintain the confidentiality of the information in accordance with procedures comparable to those which the Administrator uses to safeguard the information; and (v)on request, to public health or environmental health professionals or medical personnel if the Administrator determines that— (I)disclosure is in the public interest; (II)the recipient does not have a conflict of interest or competitive interest with respect to the submitter of the information; and (III)1 or more applicable agreements are in place to ensure that the recipient of the information provides comparable protections to those provided by the Administrator to maintain the confidentiality of the information. (B)

Optional exemptions

Notwithstanding any other provision of law, the Administrator may disclose the information described in paragraph (1) if relevant, in any proceeding under this Act, except that disclosure in such a proceeding shall be made in such manner as to preserve confidentiality to the maximum extent practicable without impairing the proceeding. (3)

Effect on other laws

In any proceeding under section 552(a) of title 5, United States Code (commonly referred to as the Freedom of Information Act), to obtain information, the disclosure of which has been denied pursuant to this section, the Administrator may not rely on subsection (b)(3) of that section to sustain the action of the Administrator. (b)

Categories of confidential business information

(1)

Information that is always eligible for protection

Subject to subsection (a)(2) and any other applicable provision of Federal law, the Administrator shall review and approve a request that conforms to the requirements described in subsection (c)(2) to treat as confidential under this section the following information: (A)Precise information describing the manufacture, processing, or distribution of a chemical substance or mixture. (B)Marketing and sales information. (C)Information identifying the customers of a manufacturer, processor, or distributor. (D)Details of the full composition of a mixture of a particular manufacturer or processor. (E)Precise information about the use, function, or application of a chemical substance or mixture in a process, mixture, or product of a particular manufacturer or processor. (F)Precise production or import volumes of a particular manufacturer, processor, or distributor. (2)

Information that may be eligible for protection

(A)

In general

Subject to subsection (a) and any other applicable provision of Federal law, and except as provided in paragraphs (1) and (3), information submitted by a manufacturer, processor, or distributor to the Administrator may be protected if the manufacturer, processor, or distributor complies with subsection (c)(2) and the Administrator determines that a request to maintain the confidentiality of the information meets the applicable requirements of this subsection and any rule promulgated by the Administrator under subsection (c)(1). (B)

Identities of certain chemical substances

(i)

In general

Notwithstanding subparagraph (A), the Administrator shall not disclose precise information on the identity of a chemical substance if— (I)the manufacturer or processor of the substance has, in accordance with subsection (c)(2)— (aa)included in a notice under section 5(b) a request, including a justification and documentation for the request, that the identity of the substance be treated as confidential business information; or (bb)submitted to the Administrator not later than 180 days after the date of enactment of the Safe Chemicals Act of 2013 a request, including a justification and documentation for the request, that the identity of a substance for which a notice has been submitted under section 5(b) as of the date of enactment of the Safe Chemicals Act of 2013 be treated as confidential business information; and (II)the Administrator determines that— (aa)the request complies with all applicable requirements of this section; (bb)the chemical identity is not readily discoverable through reverse engineering; (cc)the manufacturer or processor takes reasonable measures to protect the confidentiality of the chemical substance; (dd)no other Federal statute requires disclosure; (ee)disclosure of the identity of the chemical substance would cause financial or competitive harm to the manufacturer or processor; (ff)the chemical substance is not, based on information that is initially available or that later becomes available to the Administrator, a known or probable reproductive, developmental, neurological, or immunological toxicant, carcinogen, or mutagen; (gg)the chemical substance is not persistent, bioaccumulative, and toxic; and (hh)if a safety standard determination has been made for a chemical substance, the Administrator determines that the chemical substance meets the applicable safety standard either under current conditions or under additional conditions required by the Administrator. (ii)

Notice

In cases where all of the requirements specified in clause (i) are met— (I)the notice required to be made public by the Administrator under section 5(f)(3) shall include a justification for the determination of the Administrator and identify the chemical substance by generic class unless the Administrator determines that more specific identification is required in the public interest; and (II)as part of a claim to protect the identity of a chemical substance under subsection (c)(2), a manufacturer or processor may provide a public name for the chemical substance for use by the Administrator when sharing information on the chemical substance under this subsection. The public names should disclose a maximum amount of information on the chemical structure of the substance, while protecting those features of the chemical structure that are considered confidential and the disclosure of which would potentially harm the owner of that information. (iii)

Duration of protection for chemical identity

Notwithstanding subsection (c)(1)(B)(iv), the identity of a chemical substance for which a request has been submitted pursuant to clause (i)(I) and meets the requirements of clause (i) shall be protected as confidential business information— (I)for such period of time as the Administrator, after reviewing the request, determines to be reasonable; and (II)upon expiration of a time period specified under this clause, for an additional 5-year period, if the Administrator, after reviewing the request, determines that the request for protection continues to meet the criteria established in this subparagraph. (iv)

Publication requirement

The Administrator shall annually publish a notice that— (I)includes an updated, cumulative list of each new chemical substance for which the Administrator has approved a request to protect information under this paragraph, identified by a unique identifier, other than the precise chemical identity, and including the period of time for which the protection applies; and (II)for each chemical substance for which the protection provided under this paragraph has expired, provides the precise identity of the chemical substance, and provides public access to any information that had been submitted to the Administrator which concealed the identity of the chemical substance in accordance with this paragraph. (C)

Impurities

Notwithstanding subparagraph (A), the Administrator may determine not to disclose information relating to the degree of purity or the identity of impurities present in a chemical substance or mixture if the Administrator determines that knowledge of the information would reveal processes used in the manufacturing or processing of the chemical substance or mixture. (3)

Information that is never eligible for protection

(A)

In general

Except as provided in paragraph (2), the Administrator shall disclose the following information: (i)The identity of a chemical substance. (ii)Any safety standard determination developed under section 6, including supporting analysis developed by the Administrator. (iii)Any health and safety study data that is submitted under this Act with respect to— (I)any chemical substance or mixture— (aa)that has been offered for commercial distribution as of the date on which the study is to be disclosed; or (bb)for which testing is required under section 4 or for which notification is required under section 5; and (II)any data reported to, or otherwise obtained by, the Administrator from a health and safety study that relates to a chemical substance or mixture described in subclause (I). (iv)Health and safety data in notices of substantial risk submitted pursuant to section 8(l) and in the underlying studies. (v)General information describing the manufacturing volumes, expressed in ranges, and industrial, commercial, or consumer functions and uses of a chemical substance or mixture. (vi)Any information indicating the presence of a chemical substance in consumer products intended for use, or reasonably expected to be used, by children aged 14 years or younger, if— (I)the Administrator, or another authoritative body, has determined that the chemical substance— (aa)is a known or probable reproductive, developmental, neurological, or immunological toxicant, carcinogen, or mutagen; or (bb)is persistent, bioaccumulative, and toxic; or (II)for a chemical substance for which a safety standard determination has been made, the Administrator has not found that the chemical substance meets the safety standard. (B)

Prohibition

Nothing in this paragraph authorizes the release of any data that discloses a process 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. (C)

Applicability of other laws

Except as provided in paragraph (2), if the Administrator receives a request for information under section 552(a) of title 5, United States Code, (commonly known as the Freedom of Information Act) for information described in subparagraph (A), which is not information described in subparagraph (B), the Administrator shall not deny the request under subsection (b)(4) of that section. (c)

Designation and treatment of confidential business information

(1)

Duties of the administrator

(A)

Rules

Not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013, the Administrator shall promulgate rules that specify— (i)the acceptable bases on which written requests to maintain confidentiality of information may be approved, which shall be consistent with the requirements of this section; (ii)the nature of the documentation and justification that must accompany such a request; and (iii)the types of information the Administrator determines warrant protection for an indefinite period of time, for which the term of confidentiality specified in subparagraph (B)(iv)(I) shall not apply. (B)

Review of requests

(i)

In general

Not later than 90 days after the date of receipt of information under paragraph (2), the Administrator shall review a request to maintain confidentiality of information submitted under this Act and determine whether to approve, modify, or deny that request based on the regulations promulgated by the Administrator under subparagraph (A). (ii)

Process

The Administrator shall, in accordance with clause (i)— (I)review all requests received to maintain confidentiality of submitted information; or (II)if it is not feasible for the Administrator to review all of the requests— (aa)review all requests relating to information described in subsection (b)(2)(B); and (bb)review a representative subset that includes not less than 25 percent of all other requests received; and (III)publish in the Federal Register on at least an annual basis a description of the number and types of requests received and reviewed by the Administrator. (iii)

Denials

If a request to maintain confidentiality of submitted information is denied in accordance with subparagraph (D), the Administrator shall promptly make the information available to the public in accordance with section 8(i)(2). (iv)

Approvals

If a request to maintain confidentiality of submitted information is approved, the Administrator shall— (I)except with respect to requests subject to a rule issued pursuant to subparagraph (A)(iii) and requests submitted pursuant to subsection (b)(2)(B)(i)(I), specify a time period not to exceed 5 years for which the submitted information shall be kept confidential, unless the information otherwise becomes available to the public during the period; and (II)upon the expiration of the protection period, make the information available to the public unless the manufacturer, processor, or distributor has submitted, documented, and justified to the satisfaction of the Administrator and in accordance with this subsection the basis for a renewal of the protection, for a time period not to exceed 5 years. (C)

Authority of the administrator

Nothing in subparagraph (A) or (B) limits the authority of the Administrator to determine that particular information, previously treated as confidential, is no longer entitled to confidential treatment. (D)

Notifications

(i)

In general

Except as provided in clause (ii), if the Administrator proposes to release information for which a request for confidential treatment has been approved under this section, the Administrator shall electronically notify the manufacturer, processor, or distributor in commerce who submitted the request of the intent of the Administrator to release the information not less than 15 days prior to the release of the information. (ii)

Administration

The Administrator shall release the information described in clause (i) in accordance with the disclosure and procedural requirements of section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’), except that— (I)if the release of the information is to be made pursuant to a request made under section 552(a) of title 5, United States Code, the notice shall be given immediately upon approval of the request by the Administrator; (II)if the Administrator determines that the release of information pursuant to subsection (a)(2)(A)(iii) is necessary to protect against imminent and substantial harm to human health or the environment, no notice shall be required; and (III)the requirements of this subparagraph shall not apply to the release of information under— (aa)clauses (i) through (iii) of subsection (a)(2)(A); or (bb)subsection (b)(3)(A). (2)

Duties of manufacturers, processors, and distributors

(A)

In general

In submitting data under this Act, a manufacturer, processor, or distributor in commerce may— (i)designate information, other than information described in subsection (b)(3), for which the manufacturer, processor, or distributor requests confidential treatment under subsection (a) or (b); and (ii)submit the designated data separately from other data submitted under this Act. (B)

Requirements

A designation under this paragraph shall be made in writing and in such manner as the Administrator may prescribe, and shall include— (i)documentation and justification for each request for confidentiality, except for requests relating to the information described in subsection (b)(1); (ii)the period of time for which maintenance of confidentiality of the information is requested except with respect to requests subject to a rule issued pursuant to subsection (c)(1)(A)(iii); (iii)a certification that the information is not otherwise publicly available; (iv)separate copies of all submitted information, with 1 copy containing and 1 copy excluding the information to which the request applies; and (v)any additional information required by the Administrator. (C)

Request for renewal

Prior to the expiration of the specified time period determined by the Administrator under paragraph (1)(B)(iv), a manufacturer, processor, or distributor may submit a request for renewal of protection for protected information. This request for renewal shall follow the same procedures and requirements as the initial submission under subparagraphs (A) and (B). (d)

Civil penalty for wrongful disclosure or wrongful requests for protection

(1)

In general

Any officer or employee of the United States or former officer or employee of the United States, who, by virtue of employment or official position has obtained possession of, or has access to, material the disclosure of which is prohibited by subsection (a), and who knowing that disclosure of the material is prohibited by that subsection, willfully discloses the material in any manner to any person not entitled to receive the information, shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $10,000 for each violation. (2)

Applicability of other laws

Section 1905 of title 18, United States Code, shall not apply with respect to the publishing, divulging, disclosure, making known, or making available of, information reported or otherwise obtained under this Act. (3)

Contractors

For the purposes of paragraph (1), any contractor with the United States who is furnished information as authorized by subsection (a)(2), including any employee of such a contractor, shall be considered to be an employee of the United States. (4)

False requests

Any officer or employee of a company that submits information under this Act who willfully designates information as eligible for confidential treatment, knowing that the information is ineligible for such treatment, shall be subject to a civil money penalty of not more than $10,000 for each such violation. (e)

Access by congress

Notwithstanding this section or any other provision of law, all information reported to or otherwise obtained by the Administrator (or any representative of the Administrator) under this Act shall be made available, on written request of any duly authorized committee of Congress, to that committee. (f)

Risk information for workers

The Administrator shall facilitate the sharing of information that pertains to chemical substances or mixtures or articles containing chemical substances that workers may come into contact with or may otherwise be exposed to during the course of work with those workers and representatives of each certified or recognized bargaining agent representing those workers. Nothing in this subsection authorizes disclosure of information other than those disclosures that may be made pursuant to subsections (a) through (e).

15.

Prohibited acts

Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is amended— (1)by striking paragraph (1) and inserting the following:

(1)fail or refuse to comply with any rule, order, prohibition, restriction, or other requirement imposed by this Act or by the Administrator under this Act;

;

(2)in paragraph (2)— (A)by striking use and inserting manufacture, process, distribute in commerce, use, or dispose of; (B)by striking or mixture and inserting , mixture, or article; and (C)by striking section 5 or 6, a rule or order under section 5 or 6, or an order issued in action brought under section 5 or 7 and inserting any rule, order, prohibition, restriction, or other requirement imposed by this Act or by the Administrator under this Act; (3)in paragraph (3)— (A)in subparagraph (A), by inserting accurate and complete after maintain; (B)in subparagraph (B)— (i)by inserting or make accurate and complete after submit; and (ii)by inserting information submissions, disclosures, declarations, certifications, after notices,; and (C)in subparagraph (C), by striking or after the semicolon; (4)in paragraph (4), by striking the period at the end and inserting a semicolon; and (5)by adding at the end the following:

(5)make or submit a statement, declaration, disclosure, certification, writing, data set, or 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; or (6)take any action prohibited by this Act.

16.

Penalties

Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) is amended— (1)in subsection (a)— (A)in paragraph (1)— (i)in the first sentence— (I)by inserting this Act or a rule or order promulgated or issued pursuant to this Act, as described in after a provision of; and (II)by striking $25,000 and inserting $37,500; and (ii)in the second sentence, by striking violation of section 15 or 409 and inserting violation of this Act; (B)by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C)by inserting after paragraph (1) the following:

(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 that paragraph.

;

(D)in subparagraph (A) of paragraph (3) (as redesignated by subparagraph (B))— (i)in the first sentence, by inserting this Act, as described in before section 15 or 409; and (ii)in the last sentence, by striking within 15 days of and inserting not later than 15 days after; (E)in the first sentence of paragraph (4) (as redesignated by subparagraph (B))— (i)by striking paragraph (2)(A) and inserting paragraph (3)(A); and (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; and (F)in paragraph (5) (as redesignated by subparagraph (B)), by striking paragraph (3) each place it appears and inserting paragraph (4); and (2)in subsection (b)— (A)by striking Any person and inserting the following:

(1)

In general

Any person

;

(B)by striking or willfully; (C)by inserting this Act, as described in after any provision of; (D)by striking $25,000 and inserting $50,000; (E)by striking one year and inserting 5 years; and (F)by adding at the end the following:

(2)

Imminent danger of death or serious bodily injury

(A)

In general

Any individual who knowingly violates any provision of this Act and who knows at the time that the violation places another person in imminent danger of death or serious bodily injury shall upon conviction be subject to a fine of not more than $250,000, or imprisonment of not more than 15 years, or both. (B)

Other persons

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.

17.

Specific enforcement and seizure

Section 17 of the Toxic Substances Control Act (15 U.S.C. 2616) is amended— (1)in subsection (a)— (A)in paragraph (1)— (i)by striking (1) The district courts and all that follows through the end of subparagraph (C) and inserting the following:

(1)

Authority of the Administrator

(A)

In general

The Administrator may commence a civil action in the appropriate United States district court to compel compliance of any person with any provision of this Act or any rule or order promulgated pursuant to this Act. (B)

Enforcement

The authority of the Administrator to enforce this Act includes the authority— (i)to seek civil or criminal penalties under section 16 for any violation of this Act, as described in sections 15 and 409; (ii)to enjoin any violation of this Act, or of a rule or order promulgated or issued under this Act, as described in sections 15 and 409; (iii)to order the compliance of any person with any provision of this Act, or with any rule or order promulgated or issued under this Act, through an administrative proceeding (which may proceed concurrently with action under this section), in which the Administrator may levy penalties under section 16; and

; and

(ii)in subparagraph (D)— (I)by redesignating clause (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; (II)by striking (D) direct any manufacturer and inserting the following:

(iv)to order any manufacturer

;

(III)by striking product subject to title IV and inserting article subject to this Act; (IV)by striking product each place it appears and inserting article; (V)by striking of section 5, 6, or title IV and inserting this Act; and (VI)by striking under section 5, 6, or title IV and inserting promulgated and issued under this Act, as described in section 15 or 409,; (B)in paragraph (2)— (i)by striking (2) A civil action and all that follows through described in subparagraph (A) of such paragraph in subparagraph (A) and inserting the following:

(2)

Civil actions

(A)

In general

The district courts of the United States shall have jurisdiction over a civil action described in paragraph (1). (B)

Requirements

A civil action described in paragraph (1) may be brought— (i)in the case of a civil action described in subparagraphs (A) and (B) of paragraph (1)

;

(ii)in clause (i) (as so designated), by striking of section 15 and inserting of this Act, as described in section 15 or 409; (iii)by redesignating subparagraph (B) as clause (ii) and indenting appropriately; and (iv)in clause (ii) (as so designated), by striking such paragraph and inserting paragraph (1); and (C)in the undesignated matter following paragraph (2), by striking In any and inserting the following:

(3)

Serving of process and subpoenas

In any

; and

(2)in the first sentence of subsection (b)— (A)by striking title IV and inserting this Act; (B)by striking product the first place it appears and inserting article; and (C)by striking product, both places it appears.

18.

Preemption

Section 18 of the Toxic Substances Control Act (15 U.S.C. 2617) is amended to read as follows:

18.

Preemption

Nothing in this Act affects the right of a State or a political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance that is different from, or in addition to, a regulation, requirement, liability, or standard of performance established pursuant to this Act unless compliance with both this Act and the State or political subdivision of a State regulation, requirement, or standard of performance is impossible, in which case the applicable provisions of this Act shall control.

19.

Judicial review

Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is amended— (1)in subsection (a)— (A)in paragraph (1)— (i)by striking subparagraph (B); (ii)in subparagraph (A), by striking (1)(A) Not later and all that follows through under title II or IV, and inserting the following:

(1)

Judicial review

Not later than 60 days after the date of the promulgation or issuance of a rule under of this Act,

;

(iii)by inserting or order after rule each place it appears; and (iv)in the second sentence, by striking (other than in an enforcement proceeding); (B)in paragraph (2)— (i)in the first sentence, by striking paragraph (1)(A) and inserting paragraph (1); and (ii)in the second sentence, by inserting or order after rule; and (C)by striking paragraph (3); (2)in subsection (b), by inserting or order after rule each place it appears; and (3)in subsection (c), by striking paragraph (1) and inserting the following:

(1)

In general

Upon the filing of a petition under subsection (a)(1) for judicial review of a rule or order, the court shall have jurisdiction— (A)to grant appropriate relief, including interim relief, as provided in chapter 7 of title 5, United States Code; and (B)to review the rule or order in accordance with that chapter.

20.

Citizens’ civil action

Section 20 of the Toxic Substances Control Act (15 U.S.C. 2619) is amended— (1)in subsection (a)— (A)in paragraph (1), by striking under section 4, 5, or 6, or title II or IV, or order issued under section 5 or title II or IV to restrain such violation, and inserting or order issued under this Act;; and (B)in the third sentence of the undesignated language following paragraph (2), by inserting , to enforce this Act or any rule promulgated or order issued under this Act, or to order the Administrator to perform an act or duty described in this Act, as the case may be after citizenship of the parties; and (2)in subsection (b)(1), by striking to restrain and inserting respecting.

21.

Citizens’ petitions

Section 21 of the Toxic Substances Control Act (15 U.S.C. 2620) is amended— (1)in subsection (a), by striking under section 4, 6, or 8 or an order under section 5(e) or (6)(b)(2) and inserting , order, or any other action authorized under this Act; and (2)in subsection (b)— (A)in paragraph (1), by striking under section 4, 6, or 8 or an order under section 5(e), 6(b)(1)(A), or 6(b)(1)(B) and inserting or order or to initiate other action authorized under this Act; (B)in the first sentence of paragraph (3), by striking section 4, 5, 6, or 8 and inserting the applicable provisions of this Act; and (C)in paragraph (4)— (i)in the first sentence of subparagraph (A), by striking a rulemaking proceeding and inserting proceedings authorized under this Act; and (ii)in subparagraph (B)— (I)in the matter preceding clause (i)— (aa)in the first sentence, by striking a proceeding to issue a rule under section 4, 6, or 8 or an order under section 5(e) or 6(b)(2) and inserting proceedings authorized under this Act; and (bb)by inserting Notwithstanding the preceding sentence, in the case of a petition to delist a chemical substance under section 6(a), the delisting may not proceed except as authorized under that subsection. after the first sentence; (II)in clause (i)— (aa)in the matter preceding subclause (I), by striking in the case of a petition to initiate a proceeding for the issuance of a rule under section 4 or an order under section 5(e) and inserting except as provided in clause (ii), in the case of a petition to initiate a proceeding for the issuance of a rule or an order under this Act; and (bb)in subclause (II), by striking an unreasonable risk to and inserting substantial endangerment; and (III)in clause (ii)— (aa)by striking issuance of a rule under section 6 or 8 or an order under section 6(b)(2) and inserting imposition or issuance of a restriction, use condition, or order under this chapter; (bb)by striking an unreasonable risk of injury and inserting a substantial endangerment; and (cc)by striking the period at the end and inserting a semicolon.

22.

Employment effects

Section 24 of the Toxic Substances Control Act (15 U.S.C. 2623) is amended— (1)in subsection (a), in the matter preceding paragraph (1)— (A)by striking continuing and inserting periodic; and (B)by striking plant closures) and all that follows through the end of paragraph (2) and inserting plant closures) of the implementation of this Act.; (2)in subsection (b)— (A)in paragraph (1), in the undesignated language following subparagraph (B), by striking section 4, 5, or 6 or a requirement of section 5 or 6 and inserting this Act; (B)in paragraph (2)— (i)in subparagraph (A)(ii), by striking by order issued and inserting in writing,; and (ii)in subparagraph (B)— (I)in clause (i), by striking the comma after such request and inserting ; and; (II)by striking clause (ii); and (III)by redesignating clause (iii) as clause (ii); and (C)by striking paragraph (4); and (3)by adding at the end the following:

(c)

Effect

Nothing in this section— (1)requires the Administrator to amend or repeal any rule or order in effect under this Act; or (2)conditions the authority of the Administrator to issue orders or promulgate rules under this Act.

23.

Administration of the Toxic Substances Control Act

Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is amended— (1)by striking subsection (b) and inserting the following:

(b)

Fees

(1)

In general

The Administrator may, by rule, require the payment of a reasonable fee from any person required to submit data to defray the cost of administering this Act. (2)

Considerations

In setting a fee under this subsection, the Administrator shall take into account— (A)the ability to pay of the person required to submit the data; and (B)the cost to the Administrator of reviewing the data. (3)

Fee sharing

Rules described in paragraph (1) may provide for sharing a fee in any case in which the expenses of testing are shared under this Act.

;

(2)in subsection (c)— (A)in the subsection heading, by adding

and mixtures

after