II 109th CONGRESS 2d Session S. 4118 IN THE SENATE OF THE UNITED STATES December 8, 2006 Mr. Lautenberg (for himself, Mrs. Boxer, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Emergency Planning and Community Right-to-Know Act of 1986 to strike a provision relating to modifications in reporting frequency.

1.

Short title

This Act may be cited as the Toxic Right-to-Know Protection Act.

2.

Modifications in reporting frequency

(a)

In general

Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11023) is amended— (1)by striking subsection (i); and (2)by redesignating subsections (j) through (l) as subsections (i) through (k), respectively. (b)

Conforming amendments

Sections 322(h)(2) and 326(a)(1)(B)(iv) of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11042(h)(2), 11046(a)(1)(B)(iv)) are amended by striking 313(j) each place it appears and inserting 313(i).

3.

Requirements relating to toxics release inventory

(a)

Form A certification statement

Notwithstanding any other provision of law— (1)the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) shall establish the eligibility threshold regarding the use of a form A certification statement under the Toxics Release Inventory Program established under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.) at not greater than 500 pounds for nonpersistent bioaccumulative and toxic chemicals; and (2)the use of a form A certification statement described in paragraph (1), or any equivalent successor to the statement, shall be prohibited with respect to any chemical identified by the Administrator as a chemical of special concern under section 372.28 of title 40, Code of Federal Regulations (or a successor regulation). (b)

Revision of requirements

Notwithstanding any other provision of law, the Administrator shall not implement the proposed rule of the Administrator dated October 4, 2005 (70 Fed. Reg. 57822), to revise requirements under the Toxics Release Inventory Program described in subsection (a)(1).