II 109th CONGRESS 1st Session S. 1391 IN THE SENATE OF THE UNITED STATES July 13, 2005 Mr. Lautenberg (for himself, Mr. Jeffords, Mrs. Boxer, Mr. Kerry, Mr. Corzine, Mrs. Clinton, and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Toxic Substances Control Act to reduce the exposure of children, workers, and consumers to toxic chemical substances.

1.

Short title

This Act may be cited as the Child, Worker, and Consumer-Safe Chemicals Act of 2005 or as the Kid Safe Chemicals Act.

2.

Findings, policies, and goals

(a)

Findings

Congress finds the following: (1)The incidence of some diseases and disorders which have been linked to chemical exposures are on the rise. (2)The metabolism, physiology, and exposure patterns of developing fetuses, infants, and children to toxic chemicals differ from those of adults, which makes children more vulnerable than adults to the harmful effects of exposure to some synthetic chemicals. (3)Unlike pharmaceuticals and pesticides, manufacturers of most chemical substances are not required under current law to supply human or environmental toxicity information before selling their products to the public. Consequently, the vast majority of chemicals used in commercial products have never had any Federal review to evaluate potential toxicity to infants, children, developing fetuses, or adults. (4)Biomonitoring tests have shown that a fetus, infant, or child in the United States today often have many synthetic chemicals in their blood and tissue. (5)Despite these alarming discoveries, the Environmental Protection Agency has reviewed the human health risks of only an estimated 2 percent of the 62,000 chemicals that were in use in 1976, when Congress passed the Toxic Substances Control Act (15 U.S.C. 2601 et seq.). The Environmental Protection Agency has issued regulations to ban or restrict the use of only 5 chemical substances in 29 years, due to the law’s excessively high administrative and legal hurdles. (6)A fundamental overhaul of United States chemical management is needed to build a non-toxic environment for our children. (b)

Policy

It is the policy of the United States to— (1)promote children’s health as a paramount national goal, recognizing that developing fetuses, infants, and children are uniquely vulnerable to the harmful effects of some toxic chemicals during all stages of their development; (2)minimize toxic substances in the environment of children, workers, and consumers by— (A)promoting the use of safer substitutes and solutions to reduce exposure to hazardous chemicals by rewarding business innovation; (B)holding chemical manufacturers responsible for providing complete health and safety data for each chemical they produce prior to distribution of that chemical substance in commerce; and (C)providing the Environmental Protection Agency with authority to allow the commercial distribution of chemical substances only where the data and information show there is a reasonable certainty that the chemical substances pose no harm to human health or the environment; and (3)provide the public and workers the full right to know about the health effects of the chemical substances to which they are exposed. (c)

Goals

It is the goal of the United States to eliminate the exposure of all children, workers, consumers, and sensitive subgroups to harmful chemicals distributed in commerce by 2020 by— (1)identifying the highest priority chemical substances for review by 2007; (2)making a safety determination for, at a minimum, the first 300 priority chemical substances by 2010 and banning or restricting the use of a chemical substance if it cannot be shown to meet the safety standard; and (3)making a safety determination for all chemical substances by 2020, and banning or restricting the use of a chemical if it cannot be shown to meet the safety standard.

3.

Protection of children's health from chemical substances

(a)

In general

The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding at the end the following: . (b)

Effect of section

Notwithstanding the amendment made by subsection (a)(1), any regulation promulgated (including any prohibition or restriction issued) under the provisions repealed by that subsection before the date of enactment of this Act shall remain in effect until the date on which the Administrator of the Environmental Protection Agency promulgates new regulations under title V of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) (as added by subsection (a)(2)). (c)

Conforming amendments

(1)

Testing of chemical substances and mixtures

Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is amended— (A)in subsection (f), in the matter following paragraph (2), by inserting , or title V, after section 5, 6, or 7; and (B)in subsection (g), by inserting or title V after section 5(a). (2)

Manufacturing and processing notices

Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is amended— (A)in subsection (b)— (i)in paragraph (1)(A)(ii), by inserting or title V after section 4; and (ii)in paragraph (2)(A)(ii), by inserting or title V after section 4; (B)in subsection (d)(2)(C), by inserting or title V after section 4; (C)in subsection (e)(2)(D), in the first sentence, by inserting or title V after section 6(a); (D)in subsection (f)— (i)in paragraph (1), by inserting or title V after section 6; (ii)in paragraph (2), in the matter preceding subparagraph (A), by inserting or title V after section 6(a); and (iii)in paragraph (3)(B), by inserting or title V after section 6; and (E)in subsection (g), by inserting , or title V, after section 6 or 7. (3)

Imminent hazards

Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) is amended— (A)in subsection (a)— (i)in paragraph (1), in the matter following subparagraph (C)— (I)by striking section 4, 5, 6, or title IV and inserting section 4, 5, or 6, or title IV or V,; and (II)by striking section 5 or title IV and inserting section 5 or title IV or V; and (ii)in paragraph (2), by inserting title V or before section 6(a); and (B)in subsection (f), in the second sentence, by inserting or title V after section 6. (4)

Reporting and retention of information

Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is amended— (A)in subsection (a)(3)(A)(ii)— (i)in subclause (I), by inserting or title V after or 6,; and (ii)in subclause (II), by inserting or title V after section 5 or 7; and (B)in subsection (b)(1)— (i)in the first sentence, by striking section 5 or subsection (a) of this section and inserting subsection (a), section 5, or title V; and (ii)in the second sentence, by inserting or title V after section 5. (5)

Relationship to other Federal laws

Section 9(a) of the Toxic Substances Control Act (15 U.S.C. 2608(a)) is amended— (A)in paragraph (2), in the matter following subparagraph (B), by inserting or title V after section 6 or 7; and (B)in paragraph (3), by inserting or title V after section 6 or 7. (6)

Exports

Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is amended— (A)in subsection (a)(2), by inserting or title V after section 4; and (B)in subsection (b)— (i)in paragraph (1), by inserting or title V after section 4 or 5(b); and (ii)in paragraph (2)— (I)by inserting or title V after issued under section 5; (II)by inserting or title V after section 5 or 6; and (III)by inserting or title V after section 5 or 7. (7)

Entry into customs territory of the United States

Section 13(a)(1) of the Toxic Substances Control Act (15 U.S.C. 2612(a)(1)) is amended by striking subparagraph (B) and inserting the following: (B)the substance, mixture, or article is offered for entry in violation of section 5, 6, or 7, or title IV or V. . (8)

Disclosure of data

Section 14(b)(1)(A)(ii) of the Toxic Substances Control Act (15 U.S.C. 2613(b)(1)(A)(ii)) is amended by striking for which testing and all that follows through section 5, and and inserting for which testing or a notification is required under section 4 or 5 or title V; and. (9)

Prohibited acts

Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is amended— (A)by striking paragraph (1) and inserting the following: (1)fail or refuse to comply with any rule or requirement under section 4, 5, or 6, or title II or V; ; and (B)in paragraph (2), by striking violation of section 5 and all that follows through section 5 or 7 and inserting violation of section 5, 6, or 7, or title V. (10)

Specific enforcement and seizure

Section 17(a)(1) of the Toxic Substances Control Act (15 U.S.C. 2616(a)(1)) is amended— (A)by striking subparagraph (B) and inserting the following: (B)restrain any person from taking an action prohibited under section 5 or 6, or title IV or V; ; and (B)in subparagraph (D), by striking in violation and all that follows through title IV and inserting in violation of section 5 or 6 or title IV or V. (11)

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 authority of a State or political subdivision of a State to establish or continue in effect any regulation of a chemical substance, mixture, or article containing a chemical substance or mixture.

. (12)

Judicial review

Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is amended— (A)in subsection (a)— (i)in paragraph (1)— (I)in subparagraph (A), by striking title II or IV and inserting title II, IV, or V; and (II)in subparagraph (B), by inserting or title V after section 6(b)(1); and (ii)in paragraph (3), by striking subparagraph (B) and inserting the following: (B)for a rule or finding under section 4, 5, or 6, or title IV or V, the finding required for the issuance of the rule; ; and (B)in subsection (c)(1)(B)— (i)in clause (i), by inserting , or title V, after 6(e); and (ii)in clause (iii)(I), by striking section 6(c)(1), or and inserting section 6(c)(1) or title V; or. (13)

Citizens' civil actions

Section 20(a)(1) of the Toxic Substances Control Act (15 U.S.C. 2619(a)(1)) is amended by striking title II or IV and inserting title II, IV, or V. (14)

Citizens' petitions

Section 21 of the Toxic Substances Control Act (15 U.S.C. 2620) is amended— (A)in subsection (a), by striking a rule under and all that follows through 6(b)(2) and inserting a rule or order under section 4, 5, 6, or 8, or title V; and (B)in subsection (b)— (i)in paragraph (1), by striking a rule under and all that follows through 6(b)(1)(B) and inserting a rule or order under section 4, 5, 6, or 8, or title V; (ii)in paragraph (3), in the first sentence, by inserting , or title V after section 4, 5, 6, or 8; and (iii)in paragraph (4)(B)— (I)in the matter preceding clause (i), by striking section 4 and all that follows through 6(b)(2) and inserting rule or order under section 4, 5, 6, or 8, or title V; (II)in clause (i), by striking a rule under and all that follows through section 5(e) and inserting a rule or order under section 4 or 5 or title V; and (III)in clause (ii), by striking under section 6 and all that follows through 6(b)(2) and inserting or order under section 6 or 8 or title V. (15)

Employment effects

Section 24 of the Toxic Substances Control Act (15 U.S.C. 2623) is amended— (A)by striking subsection (a) and inserting the following: (a)

In general

The Administrator shall evaluate, on a continuing basis, the potential effects on employment (including reductions in employment or loss of employment from threatened plant closures) of each rule, order, and requirement under sections 4, 5, and 6, and title V. ; and (B)in subsection (b)— (i)in paragraph (1), in the matter following subparagraph (B), by striking a rule or order and all that follows through section 5 or 6 and inserting a rule, order, or requirement under section 4, 5, or 6, or title V; and (ii)in paragraph (2)(B)(ii), by striking section 6(c)(3), and and inserting section 6(c)(3) and title V; and. (16)

Administration of the Act

Section 26(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)) is amended by inserting or title V after section 4 or 5 each place it appears. (17)

Development and evaluation of test methods

Section 27(a) of the Toxic Substances Control Act (15 U.S.C. 2626(a)) is amended by inserting or title V after section 4 each place it appears. (18)

Annual report

Section 30 of the Toxic Substances Control Act (15 U.S.C. 2629) is amended— (A)in paragraph (1), by inserting and title V after section 4; (B)in paragraph (2)— (i)by inserting or title V after section 5; (ii)by inserting or title V after section 4; and (iii)by inserting or title V after section 5(g); and (C)in paragraph (3), by inserting or title V after section 6. (19)

Table of contents

The table of contents of the Toxic Substances Control Act (15 U.S.C. prec. 2601) is amended by adding at the end the following: TITLE V—CHILD SAFE CHEMICALS Sec. 501. Manufacturer safety certifications. Sec. 502. Priority list of chemical substances for EPA safety determination. Sec. 503. EPA Safety determination for chemical substances. Sec. 504. Reduction of health hazards for children, workers, and consumers. Sec. 505. Animal testing alternatives. Sec. 506. Safer alternatives and green chemistry. Sec. 507. Interagency Science Advisory Board on Children’s Health and Toxic Substances. Sec. 508. Cooperation with international efforts. Sec. 509. Public access to information. Sec. 510. Confidential business information. Sec. 511. Relationship to other law. .