[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2656 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2656

To provide for the regulation of persistent, bioaccumulative, and toxic 
              chemical substances, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2014

  Mr. Merkley introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To provide for the regulation of persistent, bioaccumulative, and toxic 
              chemical substances, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting America's Families from 
Toxic Chemicals Act of 2014''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that the uses of chemical 
substances, for which there is evidence of persistence, 
bioaccumulation, toxicity, and exposure to humans or the environment, 
are limited to those uses that are critical or essential.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Chemical substance.--The term ``chemical substance'' 
        has the meaning given the term in section 3 of the Toxic 
        Substances Control Act (15 U.S.C. 2602).

SEC. 4. IDENTIFICATION AND RESTRICTION OF PERSISTENT, BIOACCUMULATIVE, 
              AND TOXIC CHEMICAL SUBSTANCES.

    (a) Identification.--
            (1) Criteria.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator shall 
                establish, by rule, criteria to identify chemical 
                substances that--
                            (i)(I) are persistent, bioaccumulative, and 
                        toxic; or
                            (II) are transformed through metabolism or 
                        environmental degradation into chemical 
                        substances that are persistent, 
                        bioaccumulative, and toxic; and
                            (ii) for which there is evidence of 
                        exposure or likely exposure to humans or the 
                        environment.
                    (B) Considerations.--In establishing the criteria 
                pursuant to subparagraph (A), the Administrator shall 
                consider a chemical substance--
                            (i) to be bioaccumulative if, based on 
                        monitoring data or other evidence, the 
                        Administrator determines that a chemical 
                        substance significantly accumulates or is 
                        likely to significantly accumulate in biota;
                            (ii) to be persistent if the Administrator 
                        determines that the chemical substance 
                        significantly persists or is likely to 
                        significantly persist in 1 or more 
                        environmental media, including the indoor 
                        environment; and
                            (iii) to be toxic if the Administrator 
                        determines that the chemical substance 
                        demonstrates or is likely to demonstrate 1 or 
                        more toxicological properties in humans or 
                        animals.
                    (C) Revisions.--The Administrator may, by rule, 
                revise the criteria established pursuant to this 
                paragraph to reflect the best available science and 
                provide for equal or greater protection of human health 
                and the environment.
            (2) List.--
                    (A) In general.--Not later than 180 days after the 
                date on which the rule under paragraph (1) is 
                finalized, the Administrator shall, by order, publish a 
                list of all chemical substances that meet those 
                criteria, based on information available to the 
                Administrator.
                    (B) Updates.--Not less frequently than once every 3 
                years after the initial publication of the list under 
                subparagraph (A), the Administrator shall update and 
                republish the list to incorporate new information that 
                becomes available to the Administrator.
            (3) Prior evidence.--The following chemical substances are 
        considered, on the basis of existing evidence, to meet the 
        criteria established under paragraph (1):
                    (A) Anthracene, pure.
                    (B) Asbestos.
                    (C) Cadmium and cadmium compounds.
                    (D) Chloroalkanes, C10-13 (short-chain chlorinated 
                paraffins).
                    (E) p-Dichlorobenzene.
                    (F) Hexabromocyclododecane, including all major 
                diastereomers.
                    (G) Hexachlorobutadiene.
                    (H) Lead and lead compounds.
                    (I) Mercury and mercury compounds.
                    (J) Musk xylene.
                    (K) Pentachlorobenzene.
                    (L) Perfluorooctane sulfonic acid, its salts, and 
                perfluorooctane sulfonyl fluoride.
                    (M) Phenanthrene.
                    (N) Polybrominated biphenyls.
                    (O) Polybrominated diphenylethers.
                    (P) Polychlorinated terphenyls.
                    (Q) Tetrabromobisphenol A.
                    (R) 1,2,3-Trichlorobenzene.
                    (S) 1,2,4-Trichlorobenzene.
                    (T) 1,2,3,4-Tetrachlorobenzene.
                    (U) 1,2,4,5-Tetrachlorobenzene.
    (b) Restrictions.--Not later than 1 year after the date of 
enactment of this Act, for chemical substances listed in subsection 
(a)(3), and not later than 1 year after the date on which the 
Administrator identifies a chemical substance pursuant to subsection 
(a)(2), the Administrator shall by order--
            (1) identify the allowed uses, if any, of each such 
        chemical substance, pursuant to subsection (c);
            (2) specify an effective date by which manufacture, 
        processing, and distribution in commerce of the chemical 
        substance for any uses not identified in paragraph (1) are 
        required to cease, with such effective date not to exceed 5 
        years from the date of the allowable use determination;
            (3) identify any conditions on the manufacture, processing, 
        use, distribution in commerce, and disposal of the chemical 
        substance applicable to the allowed uses that the Administrator 
        determines are needed to protect public health and the 
        environment, with which manufacturers and processors of the 
        chemical substance must comply as of the effective date 
        specified by the Administrator under paragraph (2); and
            (4) make public the determination of the Administrator 
        under this subsection, including--
                    (A) the basis for the determination;
                    (B) a list of allowed uses of the chemical 
                substance; and
                    (C) any conditions on manufacture, processing, use, 
                distribution in commerce, or disposal identified by the 
                Administrator.
    (c) Allowable Uses.--
            (1) In general.--The Administrator, by order issued under 
        subsection (b) or by separate order, may allow manufacturing, 
        processing, and distribution in commerce for a specified use of 
        a chemical substance identified under subsection (b), if the 
        Administrator first reviews and considers available evidence 
        and determines that--
                    (A) the use is a critical or essential use, 
                consistent with the criteria established pursuant to 
                subsection (d); or
                    (B) there is no discernible exposure to humans or 
                the environment, consistent with the criteria 
                established pursuant to subsection (e).
            (2) Presumption.--Allowable uses of chemical substances 
        identified pursuant to subsection (b) shall include, unless the 
        Administrator determines by order that such uses do not meet 
        the requirements under paragraph (1)--
                    (A) a specific use of lead or cadmium, or a 
                compound of lead or cadmium, in lamps, solder, glass, 
                ceramics, metal alloys, plating, connectors, or 
                electronic components exempted from the Restriction on 
                Hazardous Substances Directive, Directive 2011/65/EU;
                    (B) a specific use of mercury compounds in lamps in 
                accordance with the Restriction on Hazardous Substances 
                Directive, Directive 2011/65/EU;
                    (C) the use of lead or lead compounds in lead-acid 
                batteries; and
                    (D) a specific use of perfluorooctane sulfonic 
                acid, the salts of perfluorooctane sulfonic acid, and 
                perfluorooctane sulfonyl fluoride if the specific use 
                is designated as 1 of the acceptable purposes or 
                specific exemptions under Part III of Annex B of the 
                Stockholm Convention on Persistent Organic Pollutants.
            (3) Petition.--
                    (A) In general.--The Administrator may, on receipt 
                of a petition from the manufacturer or processor of a 
                chemical substance identified pursuant to subsection 
                (b), by order, allow manufacturing, processing, and 
                distribution in commerce for a specified use of the 
                chemical substance if the Administrator determines that 
                the manufacturer or processor has established by clear 
                and convincing evidence that the use qualifies as an 
                allowable use pursuant to the requirements under 
                paragraph (1).
                    (B) Notice.--Before making a determination under 
                subparagraph (A), the Administrator shall--
                            (i) in the case of petitions involving uses 
                        of a chemical substance restricted by State 
                        law, consult with the relevant State agencies;
                            (ii) publish in the Federal Register a 
                        notice of receipt of the petition that 
                        specifies the chemical identity of the chemical 
                        substance to which the petition pertains;
                            (iii) make the petition available on 
                        request;
                            (iv) provide a reasonable opportunity for 
                        review and comment on the petition; and
                            (v) if the Administrator decides to allow a 
                        specific use of a chemical substance under this 
                        paragraph, consider any comments received by 
                        the Administrator in making a determination as 
                        to which, if any, conditions shall apply to the 
                        allowed use.
            (4) Term.--
                    (A) In general.--Any use allowed under paragraph 
                (1), (2), or (3) shall be granted for a term of not 
                more than 5 years, but may be renewed or revised in 
                accordance with subparagraph (B) if the Administrator 
                finds, after providing public notice and opportunity 
                for comment, that the allowed use or a revision to the 
                allowed use will continue to meet the requirements 
                under paragraph (1).
                    (B) Renewal.--The Administrator may renew the term 
                of the allowed use granted under subparagraph (A) for 1 
                or more additional terms of not more than 5 years each, 
                if the Administrator finds, after providing public 
                notice and opportunity for comment, that the allowed 
                use will continue to meet the requirements under 
                paragraph (1).
                    (C) Revision.--The Administrator may revise any 
                allowed use under consideration for renewal, taking 
                into account regulatory programs in States, new 
                amendments to the Restriction on Hazardous Substances 
                Directive, the Stockholm Convention on Persistent 
                Organic Pollutants, to ensure that the allowed use 
                continues to meet the requirements under paragraph (1).
    (d) Criteria To Identify Critical or Essential Uses.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall, by order, 
        establish criteria to identify critical or essential uses of 
        chemical substances.
            (2) Applicability.--The criteria under paragraph (1) shall 
        identify as critical or essential any use for which the 
        Administrator determines--
                    (A)(i) the use is in the paramount interest of 
                national security; or
                    (ii) the lack of availability of the chemical 
                substance would cause significant disruption in the 
                economy;
                    (B)(i) no feasible alternative for the specified 
                use is available; or
                    (ii) the specified use provides a net benefit to 
                public health, the environment, or public safety when 
                compared to all available alternatives, taking 
                comparative risks into account; and
                    (C) the use is consistent with international legal 
                obligations.
    (e) Criteria To Identify Uses With No Discernible Exposure.--Not 
later than 180 days after the date of enactment of this Act, the 
Administrator shall, by rule, establish criteria for use in making the 
determinations under subsection (d)(2), to identify uses of chemical 
substances for which there is clear and convincing evidence that there 
is no discernible exposure to humans and the environment from the 
manufacturing, processing, distribution in commerce, use, or disposal 
of--
            (1) the chemical substance; or
            (2) any article containing the chemical substance.
    (f) New Chemical Substances.--
            (1) In general.--For each new chemical substance subject to 
        section 5(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
        2604(a)(1)), the Administrator shall determine, during the 
        period of notice review, whether the chemical substance, or a 
        degradation product or metabolite of the chemical substance, 
        meets the criteria established under subsection (a)(1).
            (2) Allowable uses.--For each chemical substance identified 
        under paragraph (1), the Administrator shall, by order--
                    (A) allow, in a manner consistent with subsection 
                (b), manufacture, processing, and distribution in 
                commerce of the substance for a use which the 
                Administrator determines meets the requirements of 
                subsection (c);
                    (B) identify any conditions on the manufacture, 
                processing, use, distribution in commerce, and disposal 
                of the chemical substance applicable to the allowed use 
                that the Administrator determines may be needed to 
                protect public health and the environment, which shall 
                be complied with by a manufacturer or processor of the 
                chemical substance on the date on which the 
                manufacturer or processor commences manufacturing or 
                processing of the new chemical substance; and
                    (C) make public--
                            (i) the determination of the Administrator 
                        under this paragraph;
                            (ii) the basis for the determination;
                            (iii) a list of allowed uses of the 
                        chemical substance; and
                            (iv) any conditions on the manufacture, 
                        processing, use, distribution in commerce, or 
                        disposal of the chemical substance identified 
                        by the Administrator.
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