114 HR 2576 EAS: Frank R. Lautenberg Chemical Safety for the 21st Century Act
U.S. House of Representatives
2015-12-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
114th CONGRESS1st SessionH.R. 2576In the Senate of the United States,December 17, 2015.Amendment:
That the bill from the House of Representatives (H.R. 2576) entitled An Act to modernize the Toxic Substances Control Act, and for other purposes.
, do pass with the followingStrike all after the enacting clause and insert the following: 1.This Act may be cited as the Frank R. Lautenberg Chemical Safety for the 21st Century Act
.
2.Findings, policy, and intentSection 2(c) of the Toxic Substances Control Act (15 U.S.C. 2601(c)) is amended— (1)by striking It is the intent
and inserting the following:
(1)It is the intent; (2)in paragraph (1) (as so redesignated), by inserting , as provided under this Act
before the period at the end; and
(3)by adding at the end the following: (2)This Act, including reforms in accordance with the amendments made by the Frank R. Lautenberg Chemical Safety for the 21st Century Act—
(A)shall be administered in a manner that— (i)protects the health of children, pregnant women, the elderly, workers, consumers, the general public, and the environment from the risks of harmful exposures to chemical substances and mixtures; and
(ii)ensures that appropriate information on chemical substances and mixtures is available to public health officials and first responders in the event of an emergency; and
(B)shall not displace or supplant common law rights of action or remedies for civil relief..
3.Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is amended— (1)by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) as paragraphs (5), (6), (7), (8), (9), (10), (12), (13), (17), (18), and (19), respectively;
(2)by inserting after paragraph (3) the following: (4)The term conditions of use means the intended, known, or reasonably foreseeable circumstances the Administrator determines a chemical substance is manufactured, processed, distributed in commerce, used, or disposed of.;
(3)by inserting after paragraph (10) (as so redesignated) the following: (11)Potentially exposed or susceptible populationThe term potentially exposed or susceptible population means 1 or more groups—
(A)of individuals within the general population who may be— (i)differentially exposed to chemical substances under the conditions of use; or
(ii)susceptible to greater adverse health consequences from chemical exposures than the general population; and
(B)that when identified by the Administrator may include such groups as infants, children, pregnant women, workers, and the elderly.; and
(4)by inserting after paragraph (13) (as so redesignated) the following: (14)The term safety assessment means an assessment of the risk posed by a chemical substance under the conditions of use, integrating hazard, use, and exposure information regarding the chemical substance.
(15)The term safety determination means a determination by the Administrator as to whether a chemical substance meets the safety standard under the conditions of use.
(16)The term safety standard means a standard that ensures, without taking into consideration cost or other nonrisk factors, that no unreasonable risk of injury to health or the environment will result from exposure to a chemical substance under the conditions of use, including no unreasonable risk of injury to—
(A)the general population; or (B)any potentially exposed or susceptible population that the Administrator has identified as relevant to the safety assessment and safety determination for a chemical substance..
4.Policies, procedures, and guidanceThe Toxic Substances Control Act is amended by inserting after section 3 (15 U.S.C. 2602) the following:
3A.Policies, procedures, and guidance
(a)In this section, the term guidance includes any significant written guidance of general applicability prepared by the Administrator. (b)Not later than 2 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator shall develop, after providing public notice and an opportunity for comment, any policies, procedures, and guidance the Administrator determines to be necessary to carry out sections 4, 4A, 5, and 6, including the policies, procedures, and guidance required by this section.
(c)
(1)The Administrator shall establish policies, procedures, and guidance on the use of science in making decisions under sections 4, 4A, 5, and 6.
(2)A goal of the policies, procedures, and guidance described in paragraph (1) shall be to make the basis of decisions clear to the public.
(3)The policies, procedures, and guidance issued under this section shall ensure that—
(A)decisions made by the Administrator— (i)are based on information, procedures, measures, methods, and models employed in a manner consistent with the best available science;
(ii)take into account the extent to which— (I)assumptions and methods are clearly and completely described and documented;
(II)variability and uncertainty are evaluated and characterized; and (III)the information has been subject to independent verification and peer review; and
(iii)are based on the weight of the scientific evidence, by which the Administrator considers all information in a systematic and integrative framework to consider the relevance of different information;
(B)to the extent practicable and if appropriate, the use of peer review, standardized test design and methods, consistent data evaluation procedures, and good laboratory practices will be encouraged;
(C)a clear description of each individual and entity that funded the generation or assessment of information, and the degree of control those individuals and entities had over the generation, assessment, and dissemination of information (including control over the design of the work and the publication of information) is made available; and
(D)if appropriate, the recommendations in reports of the National Academy of Sciences that provide advice regarding assessing the hazards, exposures, and risks of chemical substances are considered.
(d)Existing EPA policies, procedures, and guidanceThe policies, procedures, and guidance described in subsection (b) shall incorporate existing relevant policies, procedures, and guidance, as appropriate and consistent with this Act.
(e)Not later than 5 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and not less frequently than once every 5 years thereafter, the Administrator shall—
(1)review the adequacy of any policies, procedures, and guidance developed under this section, including animal, nonanimal, and epidemiological test methods and procedures for assessing and determining risk under this Act; and
(2)after providing public notice and an opportunity for comment, revise the policies, procedures, and guidance if necessary to reflect new scientific developments or understandings.
(f)In carrying out sections 4, 4A, 5, and 6, the Administrator shall take into consideration information relating to a chemical substance, including hazard and exposure information, under the conditions of use that is reasonably available to the Administrator, including information that is—
(1)submitted to the Administrator pursuant to any rule, consent agreement, order, or other requirement of this Act, or on a voluntary basis, including pursuant to any request made under this Act, by—
(A)manufacturers or processors of a substance; (B)the public;
(C)other Federal departments or agencies; or (D)the Governor of a State or a State agency with responsibility for protecting health or the environment;
(2)submitted to a governmental entity in any jurisdiction pursuant to a governmental requirement relating to the protection of health or the environment; or
(3)identified through an active search by the Administrator of information sources that are publicly available or otherwise accessible by the Administrator.
(g)Testing of chemical substances and mixtures
(1)The Administrator shall establish policies, procedures, and guidance for the testing of chemical substances or mixtures under section 4.
(2)A goal of the policies, procedures, and guidance established under paragraph (1) shall be to make the basis of decisions clear to the public.
(3)The policies, procedures, and guidance established under paragraph (1) shall— (A)address how and when the exposure level or exposure potential of a chemical substance would factor into decisions to require new testing, subject to the condition that the Administrator shall not interpret the lack of exposure information as a lack of exposure or exposure potential; and
(B)describe the manner in which the Administrator will determine that additional information is necessary to carry out this Act, including information relating to potentially exposed or susceptible populations.
(4)Before prescribing epidemiological studies of employees, the Administrator shall consult with the Director of the National Institute for Occupational Safety and Health.
(h)Safety assessments and safety determinations
(1)
(A)The Administrator shall inform the public regarding the schedule and the resources necessary for the completion of each safety assessment and safety determination as soon as practicable after designation as a high-priority substance pursuant to section 4A.
(B)The Administrator may allot different times for different chemical substances in the schedules under this paragraph, subject to the condition that all schedules shall comply with the deadlines established under section 6.
(C)
(i)At the beginning of each calendar year, the Administrator shall publish an annual plan. (ii)The annual plan shall—
(I)identify the substances subject to safety assessments and safety determinations to be completed that year;
(II)describe the status of each safety assessment and safety determination that has been initiated but not yet completed, including milestones achieved since the previous annual report; and
(III)if the schedule for completion of a safety assessment and safety determination prepared pursuant to subparagraph (A) has changed, include an updated schedule for that safety assessment and safety determination.
(2)Policies and procedures for safety assessments and safety determinations
(A)The Administrator shall establish, by rule, policies and procedures regarding the manner in which the Administrator shall carry out section 6.
(B)A goal of the policies and procedures under this paragraph shall be to make the basis of decisions of the Administrator clear to the public.
(C)The policies and procedures under this paragraph shall, at a minimum—
(i)describe— (I)the manner in which the Administrator will identify informational needs and seek that information from the public;
(II)the information (including draft safety assessments) that may be submitted by interested individuals or entities, including States; and
(III)the criteria by which information submitted by interested individuals or entities will be evaluated;
(ii)require that each draft and final safety assessment and safety determination of the Administrator include a description of—
(I)- (aa)the scope of the safety assessment and safety determination to be conducted under section 6, including the hazards, exposures, and conditions of use of the chemical substance, and potentially exposed and susceptible populations that the Administrator has identified as relevant; and
- (bb)the basis for the scope of the safety assessment and safety determination;
(II)the manner in which aggregate exposures, or significant subsets of exposures, to a chemical substance under the conditions of use were considered, and the basis for that consideration;
(III)the weight of the scientific evidence of risk; and (IV)the information regarding the impact on health and the environment of the chemical substance that was used to make the assessment or determination, including, as available, mechanistic, animal toxicity, and epidemiology studies;
(iii)establish a timely and transparent process for evaluating whether new information submitted or obtained after the date of a final safety assessment or safety determination warrants reconsideration of the safety assessment or safety determination; and
(iv)when relevant information is provided or otherwise made available to the Administrator, require the Administrator to consider the extent of Federal regulation under other Federal laws.
(D)
(i)Not later than 1 year after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator shall develop guidance to assist interested persons in developing their own draft safety assessments and other information for submission to the Administrator, which may be considered by the Administrator.
(ii)The guidance shall, at a minimum, address the quality of the information submitted and the process to be followed in developing a draft safety assessment for consideration by the Administrator.
(i)Publicly available informationSubject to section 14, the Administrator shall— (1)make publicly available a nontechnical summary, and the final version, of each safety assessment and safety determination;
(2)provide public notice and an opportunity for comment on each proposed safety assessment and safety determination; and
(3)make public in a final safety assessment and safety determination— (A)the list of studies considered by the Administrator in carrying out the safety assessment or safety determination; and
(B)the list of policies, procedures, and guidance that were followed in carrying out the safety assessment or safety determination.
(j)Consultation with Science Advisory Committee on Chemicals
(1)Not later than 1 year after the date of enactment of this section, the Administrator shall establish an advisory committee, to be known as the Science Advisory Committee on Chemicals
(referred to in this subsection as the Committee).
(2)The purpose of the Committee shall be to provide independent advice and expert consultation, on the request of the Administrator, with respect to the scientific and technical aspects of issues relating to the implementation of this title.
(3)The Committee shall be composed of representatives of such science, government, labor, public health, public interest, animal protection, industry, and other groups as the Administrator determines to be advisable, including, at a minimum, representatives that have specific scientific expertise in the relationship of chemical exposures to women, children, and other potentially exposed or susceptible populations.
(4)The Administrator shall convene the Committee in accordance with such schedule as the Administrator determines to be appropriate, but not less frequently than once every 2 years.
(5)Relationship to other lawAll proceedings and meetings of the Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.)..
5.Testing of chemical substances or mixtures
(a)Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is amended— (1)by striking subsections (a), (b), (c), (d), (e), and (g);
(2)in subsection (f)— (A)in the first sentence—
(i)by striking from cancer, gene mutations, or birth defects
; and (ii)by inserting , without taking into account cost or other nonrisk factors
before the period at the end; and
(B)by striking the last sentence; and (3)by inserting before subsection (f) the following:
(a)Development of new information on chemical substances and mixtures
(1)The Administrator may require the development of new information relating to a chemical substance or mixture in accordance with this section if the Administrator determines that the information is necessary—
(A)to review a notice under section 5(d) or to perform a safety assessment or safety determination under section 6;
(B)to implement a requirement imposed in a consent agreement or order issued under section 5(d)(4) or under a rule promulgated under section 6(d)(3);
(C)pursuant to section 12(a)(4); or (D)at the request of the implementing authority under another Federal law, to meet the regulatory testing needs of that authority.
(2)Limited testing for prioritization purposes
(A)Except as provided in subparagraph (B), the Administrator may require the development of new information for the purposes of section 4A.
(B)Testing required under subparagraph (A) shall not be required for the purpose of establishing or implementing a minimum information requirement.
(C)The Administrator may require the development of new information pursuant to subparagraph (A) only if the Administrator determines that additional information is necessary to establish the priority of a chemical substance.
(3)The Administrator may require the development of information described in paragraph (1) or (2) by—
(A)promulgating a rule; (B)entering into a testing consent agreement; or
(C)issuing an order. (4) (A)A rule, testing consent agreement, or order issued under this subsection shall include—
(i)identification of the chemical substance or mixture for which testing is required; (ii)identification of the persons required to conduct the testing;
(iii)test protocols and methodologies for the development of information for the chemical substance or mixture, including specific reference to any reliable nonanimal test procedures; and
(iv)specification of the period within which individuals and entities required to conduct the testing shall submit to the Administrator the information developed in accordance with the procedures described in clause (iii).
(B)In determining the procedures and period to be required under subparagraph (A), the Administrator shall take into consideration—
(i)the relative costs of the various test protocols and methodologies that may be required; (ii)the reasonably foreseeable availability of facilities and personnel required to perform the testing; and
(iii)the deadlines applicable to the Administrator under section 6(a). (5)Consideration of Federal agency recommendationsThe Administrator shall consider the recommendations of other Federal agencies regarding the chemical substances and mixtures to which the Administrator shall give priority consideration under this section.
(b)
(1)In promulgating a rule, entering into a testing consent agreement, or issuing an order for the development of additional information (including information on exposure or exposure potential) pursuant to this section, the Administrator shall—
(A)identify the need intended to be met by the rule, agreement, or order; (B)explain why information reasonably available to the Administrator at that time is inadequate to meet that need, including a reference, as appropriate, to the information identified in paragraph (2)(B); and
(C)explain the basis for any decision that requires the use of vertebrate animals. (2)Explanation in case of order (A)If the Administrator issues an order under this section, the Administrator shall issue a statement providing a justification for why issuance of an order is warranted instead of promulgating a rule or entering into a testing consent agreement.
(B)A statement described in subparagraph (A) shall contain a description of— (i)information that is readily accessible to the Administrator, including information submitted under any other provision of law;
(ii)the extent to which the Administrator has obtained or attempted to obtain the information through voluntary submissions; and
(iii)any information relied on in safety assessments for other chemical substances relevant to the chemical substances that would be the subject of the order.
(c)Reduction of testing on vertebrates
(1)The Administrator shall minimize, to the extent practicable, the use of vertebrate animals in testing of chemical substances or mixtures, by—
(A)prior to making a request or adopting a requirement for testing using vertebrate animals, taking into consideration, as appropriate and to the extent practicable, reasonably available—
(i)toxicity information; (ii)computational toxicology and bioinformatics;
(iii)high-throughput screening methods and the prediction models of those methods; and (iv)scientifically reliable and relevant alternatives to tests on animals that would provide equivalent information;
(B)encouraging and facilitating— (i)the use of integrated and tiered testing and assessment strategies;
(ii)the use of best available science in existence on the date on which the test is conducted; (iii)the use of test methods that eliminate or reduce the use of animals while providing information of high scientific quality;
(iv)the grouping of 2 or more chemical substances into scientifically appropriate categories in cases in which testing of a chemical substance would provide reliable and useful information on other chemical substances in the category;
(v)the formation of industry consortia to jointly conduct testing to avoid unnecessary duplication of tests; and
(vi)the submission of information from— (I)animal-based studies; and
(II)emerging methods and models; and (C)funding research and validation studies to reduce, refine, and replace the use of animal tests in accordance with this subsection.
(2)Implementation of alternative testing methodsTo promote the development and timely incorporation of new testing methods that are not based on vertebrate animals, the Administrator shall—
(A)not later than 2 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, develop a strategic plan to promote the development and implementation of alternative test methods and testing strategies to generate information under this title that can reduce, refine, or replace the use of vertebrate animals, including toxicity pathway-based risk assessment, in vitro studies, systems biology, computational toxicology, bioinformatics, and high-throughput screening;
(B)as practicable, ensure that the strategic plan developed under subparagraph (A) is reflected in the development of requirements for testing under this section;
(C)identify in the strategic plan developed under subparagraph (A) particular alternative test methods or testing strategies that do not require new vertebrate animal testing and are scientifically reliable, relevant, and capable of providing information of equivalent scientific reliability and quality to that which would be obtained from vertebrate animal testing;
(D)provide an opportunity for public notice and comment on the contents of the plan developed under subparagraph (A), including the criteria for considering scientific reliability, relevance, and equivalent information and the test methods and strategies identified in subparagraph (C);
(E)beginning on the date that is 5 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act and every 5 years thereafter, submit to Congress a report that describes the progress made in implementing this subsection and goals for future alternative test methods implementation;
(F)fund and carry out research, development, performance assessment, and translational studies to accelerate the development of test methods and testing strategies that reduce, refine, or replace the use of vertebrate animals in any testing under this title; and
(G)identify synergies with the related information requirements of other jurisdictions to minimize the potential for additional or duplicative testing.
(3)Criteria for adapting or waiving animal testing requirementsOn request from a manufacturer or processor that is required to conduct testing of a chemical substance or mixture on vertebrate animals under this section, the Administrator may adapt or waive the requirement, if the Administrator determines that—
(A)there is sufficient evidence from several independent sources of information to support a conclusion that a chemical substance or mixture has, or does not have, a particular property if the information from each individual source alone is insufficient to support the conclusion;
(B)as a result of 1 or more physical or chemical properties of the chemical substance or mixture or other toxicokinetic considerations—
(i)the substance cannot be absorbed; or (ii)testing for a specific endpoint is technically not practicable to conduct; or
(C)a chemical substance or mixture cannot be tested in vertebrate animals at concentrations that do not result in significant pain or distress, because of physical or chemical properties of the chemical substance or mixture, such as a potential to cause severe corrosion or severe irritation to the tissues of the animal.
(4)
(A)Any person developing information for submission under this title on a voluntary basis and not pursuant to any request or requirement by the Administrator shall first attempt to develop the information by means of an alternative or nonanimal test method or testing strategy that the Administrator has determined under paragraph (2)(C) to be scientifically reliable, relevant, and capable of providing equivalent information, before conducting new animal testing.
(B)Nothing in this paragraph— (i)requires the Administrator to review the basis on which the person is conducting testing described in subparagraph (A);
(ii)prohibits the use of other test methods or testing strategies by any person for purposes other than developing information for submission under this title on a voluntary basis; or
(iii)prohibits the use of other test methods or testing strategies by any person, subsequent to the attempt to develop information using the test methods and testing strategies identified by the Administrator under paragraph (2)(C).
(d)
(1)The Administrator may require the development of information by— (A)manufacturers and processors of the chemical substance or mixture; and
(B)persons that begin to manufacture or process the chemical substance or mixture after the effective date of the rule, testing consent agreement, or order.
(2)The Administrator may permit 2 or more persons identified in subparagraph (A) or (B) of paragraph (1) to designate 1 of the persons or a qualified third party—
(A)to develop the information; and (B)to submit the information on behalf of the persons making the designation.
(3)
(A)A person otherwise subject to a rule, testing consent agreement, or order under this section may submit to the Administrator an application for an exemption on the basis that submission of information by the applicant on the chemical substance or mixture would be duplicative of—
(i)information on the chemical substance or mixture that— (I)has been submitted to the Administrator pursuant to a rule, consent agreement, or order under this section; or
(II)is being developed by a person designated under paragraph (2); or
(ii)information on an equivalent chemical substance or mixture that— (I)has been submitted to the Administrator pursuant to a rule, consent agreement, or order under this section; or
(II)is being developed by a person designated under paragraph (2). (B)Fair and equitable reimbursement to designee (i)If the Administrator accepts an application submitted under subparagraph (A), before the end of the reimbursement period described in clause (iii), the Administrator shall direct the applicant to provide to the person designated under paragraph (2) fair and equitable reimbursement, as agreed to between the applicant and the designee.
(ii)If the applicant and a person designated under paragraph (2) cannot reach agreement on the amount of fair and equitable reimbursement, the amount shall be determined by arbitration.
(iii)For the purposes of this subparagraph, the reimbursement period for any information for a chemical substance or mixture is a period—
(I)beginning on the date the information is submitted in accordance with a rule, testing consent agreement, or order under this section; and
(II)ending on the later of— - (aa)5 years after the date referred to in subclause (I); or
- (bb)the last day of the period that begins on the date referred to in subclause (I) and that is equal to the period that the Administrator determines was necessary to develop the information.
(C)If, after granting an exemption under this paragraph, the Administrator determines that no person designated under paragraph (2) has complied with the rule, testing consent agreement, or order, the Administrator shall—
(i)by order, terminate the exemption; and (ii)notify in writing each person that received an exemption of the requirements with respect to which the exemption was granted.
(4)
(A)Except as provided in subparagraph (D), the Administrator shall employ a tiered screening and testing process, under which the results of screening-level tests or assessments of available information inform the decision as to whether 1 or more additional tests are necessary.
(B)
(i)The screening-level tests required for a chemical substance or mixture may include tests for hazard (which may include in silico, in vitro, and in vivo tests), environmental and biological fate and transport, and measurements or modeling of exposure or exposure potential, as appropriate.
(ii)Screening-level tests shall be used— (I)to screen chemical substances or mixtures for potential adverse effects; and
(II)to inform a decision of the Administrator regarding whether more complex or targeted additional testing is necessary.
(C)If the Administrator determines under subparagraph (B) that additional testing is necessary to provide more definitive information for safety assessments or safety determinations, the Administrator may require more advanced tests for potential health or environmental effects or exposure potential.
(D)Advanced testing without screeningThe Administrator may require more advanced testing without conducting screening-level testing when other information available to the Administrator justifies the advanced testing, pursuant to guidance developed by the Administrator under this section.
(e)Subject to section 14, the Administrator shall make available to the public all testing consent agreements and orders and all information submitted under this section..
(b)Section 104(i)(5)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(5)(A)) is amended in the third sentence by inserting (as in effect on the day before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act)
after Toxic Substances Control Act
.
6.The Toxic Substances Control Act is amended by inserting after section 4 (15 U.S.C. 2603) the following:
4A.
(a)Prioritization screening process and list of substances
(1)Not later than 1 year after the date of enactment of this section, the Administrator shall establish, by rule, a risk-based screening process and criteria for identifying existing chemical substances that are—
(A)a high priority for a safety assessment and safety determination under section 6 (referred to in this Act as high-priority substances); and
(B)a low priority for a safety assessment and safety determination (referred to in this Act as low-priority substances). (2)Initial and subsequent lists of high- and low-priority substances (A)Before the date of promulgation of the rule under paragraph (1) and not later than 180 days after the date of enactment of this section, the Administrator shall publish an initial list of high-priority substances and low-priority substances.
(B)
(i)The initial list of chemical substances shall contain at least 10 high-priority substances, at least 5 of which are drawn from the list of chemical substances identified by the Administrator in the October 2014 TSCA Work Plan and subsequent updates, and at least 10 low-priority substances.
(ii)Subsequently identified substancesInsofar as possible, at least 50 percent of all substances subsequently identified by the Administrator as high-priority substances shall be drawn from the list of chemical substances identified by the Administrator in the October 2014 TSCA Work Plan and subsequent updates, until all Work Plan chemicals have been designated under this subsection.
(iii)
(I)In developing the initial list and in identifying additional high-priority substances, the Administrator shall give preference to—
- (aa)chemical substances that, with respect to persistence and bioaccumulation, score high for 1 and either high or moderate for the other, pursuant to the TSCA Work Plan Chemicals Methods Document published by the Administrator in February 2012; and
- (bb)chemical substances listed in the October 2014 TSCA Work Plan and subsequent updates that are known human carcinogens and have high acute and chronic toxicity.
(II)Metals and metal compoundsIn prioritizing and assessing metals and metal compounds, the Administrator shall use the Framework for Metals Risk Assessment of the Office of the Science Advisor, Risk Assessment Forum, and dated March 2007 (or a successor document), and may use other applicable information consistent with the best available science.
(C)Additional chemical reviewsThe Administrator shall, as soon as practicable and not later than— (i)3 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, add additional high-priority substances sufficient to ensure that at least a total of 20 high-priority substances have undergone or are undergoing the process established in section 6(a), and additional low-priority substances sufficient to ensure that at least a total of 20 low-priority substances have been designated; and
(ii)5 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, add additional high-priority substances sufficient to ensure that at least a total of 25 high-priority substances have undergone or are undergoing the process established in section 6(a), and additional low-priority substances sufficient to ensure that at least a total of 25 low-priority substances have been designated.
(3)
(A)Consideration of active and inactive substances
(i)In implementing the prioritization screening process established under paragraph (1), the Administrator shall take into consideration active substances, as determined under section 8, which may include chemical substances on the interim list of active substances established under that section.
(ii)In implementing the prioritization screening process established under paragraph (1), the Administrator may take into consideration inactive substances, as determined under section 8, that the Administrator determines—
(I)- (aa)have not been subject to a regulatory or other enforceable action by the Administrator to ban or phase out the substances; and
- (bb)have the potential for high hazard and widespread exposure; or
(II)- (aa)have been subject to a regulatory or other enforceable action by the Administrator to ban or phase out the substances; and
- (bb)with respect to which there exists the potential for residual high hazards or widespread exposures not otherwise addressed by the regulatory or other action.
(iii)
(I)On the completion of a safety determination under section 6 for a chemical substance, the Administrator shall remove the chemical substance from the list of high-priority substances established under this subsection.
(II)The Administrator shall add at least 1 chemical substance to the list of high-priority substances for each chemical substance removed from the list of high-priority substances established under this subsection, until a safety assessment and safety determination is completed for all chemical substances not designated as high-priority.
(B)Timely completion of prioritization screening process
(i)The Administrator shall—
(I)except as provided under paragraph (2), not later than 180 days after the effective date of the final rule under paragraph (1), begin the prioritization screening process; and
(II)make every effort to complete the designation of all active substances as high-priority substances or low-priority substances in a timely manner.
(ii)Decisions on substances subject to testing for prioritization purposesNot later than 90 days after the date of receipt of information regarding a chemical substance complying with a rule, testing consent agreement, or order issued under section 4(a)(2), the Administrator shall designate the chemical substance as a high-priority substance or low-priority substance.
(iii)
(I)The Administrator shall screen substances and designate high-priority substances consistent with the ability of the Administrator to schedule and complete safety assessments and safety determinations under section 6 in accordance with the deadlines under subsection (a) of that section.
(II)The Administrator shall publish an annual goal for the number of chemical substances to be subject to the prioritization screening process.
(C)Screening of categories of substancesThe Administrator may screen categories of chemical substances to ensure an efficient prioritization screening process to allow for timely and adequate designations of high-priority substances and low-priority substances and safety assessments and safety determinations for high-priority substances.
(D)Publication of list of chemical substancesThe Administrator shall keep current and publish a list of chemical substances that includes and identifies substances—
(i)that are being considered in the prioritization screening process and the status of the substances in the prioritization process;
(ii)for which prioritization decisions have been postponed pursuant to subsection (b)(5), including the basis for the postponement; and
(iii)that are designated as high-priority substances or low-priority substances, including the bases for such designations.
(4)The criteria described in paragraph (1) shall account for— (A)the recommendation of the Governor of a State or a State agency with responsibility for protecting health or the environment from chemical substances appropriate for prioritization screening;
(B)the hazard and exposure potential of the chemical substance (or category of substances), including persistence, bioaccumulation, and specific scientific classifications and designations by authoritative governmental entities;
(C)the conditions of use or significant changes in the conditions of use of the chemical substance;
(D)evidence and indicators of exposure potential to humans or the environment from the chemical substance, including potentially exposed or susceptible populations and storage near significant sources of drinking water;
(E)the volume of a chemical substance manufactured or processed; (F)whether the volume of a chemical substance as reported pursuant to a rule promulgated pursuant to section 8(a) has significantly increased or decreased;
(G)the availability of information regarding potential hazards and exposures required for conducting a safety assessment or safety determination, with limited availability of relevant information to be a sufficient basis for designating a chemical substance as a high-priority substance, subject to the condition that limited availability shall not require designation as a high-priority substance; and
(H)the extent of Federal or State regulation of the chemical substance or the extent of the impact of State regulation of the chemical substance on the United States, with existing Federal or State regulation of any uses evaluated in the prioritization screening process as a factor in designating a chemical substance to be a high-priority or a low-priority substance.
(b)Prioritization screening process and decisions
(1)In implementing the prioritization screening process developed under subsection (a), the Administrator shall—
(A)identify the chemical substances being considered for prioritization; (B)request interested persons to supply information regarding the chemical substances being considered;
(C)apply the criteria identified in subsection (a)(4); and (D)subject to paragraph (5) and using the information available to the Administrator at the time of the decision, identify a chemical substance as a high-priority substance or a low-priority substance.
(2)Reasonably available informationThe prioritization screening decision regarding a chemical substance shall consider any hazard and exposure information relating to the chemical substance that is reasonably available to the Administrator.
(3)Identification of high-priority substancesThe Administrator— (A)shall identify as a high-priority substance a chemical substance that, relative to other active chemical substances, the Administrator determines has the potential for significant hazard and significant exposure;
(B)may identify as a high-priority substance a chemical substance that, relative to other active chemical substances, the Administrator determines has the potential for significant hazard or significant exposure; and
(C)may identify as a high-priority substance an inactive substance, as determined under subsection (a)(3)(A)(ii) and section 8(b), that the Administrator determines warrants a safety assessment and safety determination under section 6.
(4)Identification of low-priority substancesThe Administrator shall identify as a low-priority substance a chemical substance that the Administrator concludes has information sufficient to establish that the chemical substance is likely to meet the safety standard.
(5)If the Administrator determines that additional information is needed to establish the priority of a chemical substance under this section, the Administrator may postpone a prioritization screening decision for a reasonable period—
(A)to allow for the submission of additional information by an interested person and for the Administrator to evaluate the additional information; or
(B)to require the development of information pursuant to a rule, testing consent agreement, or order issued under section 4(a)(2).
(6)Deadlines for submission of informationIf the Administrator requests the development or submission of information under this section, the Administrator shall establish a deadline for submission of the information.
(7)The Administrator shall— (A)publish, including in the Federal Register, the proposed decisions made under paragraphs (3), (4), and (5) and the basis for the decisions;
(B)identify the information and analysis on which the decisions are based; and (C)provide 90 days for public comment.
(8)Revisions of prior designations
(A)At any time, the Administrator may revise the designation of a chemical substance as a high-priority substance or a low-priority substance based on information available to the Administrator after the date of the determination under paragraph (3) or (4).
(B)If limited availability of relevant information was a basis in the designation of a chemical substance as a high-priority substance, the Administrator shall reevaluate the prioritization screening of the chemical substance on receiving the relevant information.
(9)Other information relevant to prioritization
(A)If, after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a State proposes an administrative action or enacts a statute or takes an administrative action to prohibit or otherwise restrict the manufacturing, processing, distribution in commerce, or use of a chemical substance that the Administrator has not designated as a high-priority substance, the Governor or State agency with responsibility for implementing the statute or administrative action shall notify the Administrator.
(B)Following receipt of a notification provided under subparagraph (A), the Administrator may request any available information from the Governor or the State agency with respect to—
(i)scientific evidence related to the hazards, exposures and risks of the chemical substance under the conditions of use which the statute or administrative action is intended to address;
(ii)any State or local conditions which warranted the statute or administrative action; (iii)the statutory or administrative authority on which the action is based; and
(iv)any other available information relevant to the prohibition or other restriction, including information on any alternatives considered and their hazards, exposures, and risks.
(C)The Administrator shall conduct a prioritization screening under this subsection for all substances that—
(i)are the subject of notifications received under subparagraph (A); and (ii)the Administrator determines—
(I)are likely to have significant health or environmental impacts; (II)are likely to have significant impact on interstate commerce; or
(III)have been subject to a prohibition or other restriction under a statute or administrative action in 2 or more States.
(D)Post-Prioritization NoticeIf, after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a State proposes or takes an administrative action or enacts a statute to prohibit or otherwise restrict the manufacturing, processing, distribution in commerce, or use of a high-priority substance, after the date on which the deadline established pursuant to subsection (a) of section 6 for completion of the safety determination under that subsection expires but before the date on which the Administrator publishes the safety determination under that subsection, the Governor or State agency with responsibility for implementing the statute or administrative action shall—
(i)notify the Administrator; and (ii)provide the scientific and legal basis for the action.
(E)Subject to section 14 and any applicable State law regarding the protection of confidential information provided to the State or to the Administrator, the Administrator shall make information received from a Governor or State agency under subparagraph (A) publicly available.
(F)Nothing in this paragraph shall preempt a State statute or administrative action, require approval of a State statute or administrative action, or apply section 15 to a State.
(10)Not less frequently than once every 5 years after the date on which the process under this subsection is established, the Administrator shall—
(A)review the process on the basis of experience and taking into consideration resources available to efficiently and effectively screen and prioritize chemical substances; and
(B)if necessary, modify the prioritization screening process.
(11)Subject to section 18, a designation by the Administrator under this section with respect to a chemical substance shall not affect—
(A)the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance; or
(B)the regulation of those activities. (c)Additional priorities for safety assessments and determinations (1) (A)The rule promulgated under subsection (a) shall—
(i)include a process by which a manufacturer or processor of an active chemical substance that has not been designated a high-priority substance or is not in the process of a prioritization screening by the Administrator, may request that the Administrator designate the substance as an additional priority for a safety assessment and safety determination, subject to the payment of fees pursuant to section 26(b)(3)(D);
(ii)specify the information to be provided in such requests; and (iii)specify the criteria (which may include criteria identified in subsection (a)(4)) that the Administrator shall use to determine whether or not to grant such a request, which shall include whether the substance is subject to restrictions imposed by statutes enacted or administrative actions taken by 1 or more States on the manufacture, processing, distribution in commerce, or use of the substance.
(B)Subject to paragraph (2), in deciding whether to grant requests under this subsection the Administrator shall give a preference to requests concerning substances for which the Administrator determines that restrictions imposed by 1 or more States have the potential to have a significant impact on interstate commerce or health or the environment.
(C)Chemical substances for which requests have been granted under this subsection shall not be subject to subsection (a)(3)(A)(iii) or section 18(b).
(2)In considering whether to grant a request submitted under paragraph (1), the Administrator shall ensure that—
(A)the number of substances designated to undergo safety assessments and safety determinations under the process and criteria pursuant to paragraph (1) is not less than 25 percent, or more than 30 percent, of the cumulative number of substances designated to undergo safety assessments and safety determinations under subsections (a)(2) and (b)(3) (except that if less than 25 percent are received by the Administrator, the Administrator shall grant each request that meets the requirements of paragraph (1));
(B)the resources allocated to conducting safety assessments and safety determinations for additional priorities designated under this subsection are proportionate to the number of such substances relative to the total number of substances currently designated to undergo safety assessments and safety determinations under this section; and
(C)the number of additional priority requests stipulated under subparagraph (A) is in addition to the total number of high-priority substances identified under subsections (a)(2) and (b)(3).
(3)Additional review of work plan chemicals for safety assessment and safety determinationIn the case of a request under paragraph (1) with respect to a chemical substance identified by the Administrator in the October 2014 TSCA Work Plan—
(A)the 30-percent cap specified in paragraph (2)(A) shall not apply and the addition of Work Plan chemicals shall be at the discretion of the Administrator; and
(B)notwithstanding paragraph (1)(C), requests for additional Work Plan chemicals under this subsection shall be considered high-priority chemicals subject to section 18(b) but not subsection (a)(3)(A)(iii).
(4)
(A)The public shall be provided notice and an opportunity to comment on requests submitted under this subsection.
(B)Decision by AdministratorNot later than 180 days after the date on which the Administrator receives a request under this subsection, the Administrator shall decide whether or not to grant the request.
(C)Assessment and determinationIf the Administrator grants a request under this subsection, the safety assessment and safety determination—
(i)shall be conducted in accordance with the deadlines and other requirements of sections 3A(i) and 6; and
(ii)shall not be expedited or otherwise subject to special treatment relative to high-priority substances designated pursuant to subsection (b)(3) that are undergoing safety assessments and safety determinations..
7.New chemicals and significant new usesSection 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is amended— (1)by striking the section designation and heading and inserting the following:
5.New chemicals and significant new uses;
(2)by striking subsection (b); (3)by redesignating subsection (a) as subsection (b);
(4)by redesignating subsection (i) as subsection (a) and moving the subsection so as to appear at the beginning of the section;
(5)in subsection (b) (as so redesignated)— (A)in the subsection heading, by striking In general
and inserting Notices
;
(B)in paragraph (1)— (i)in the matter preceding subparagraph (A), by striking subsection (h)
and inserting paragraph (3) and subsection (h)
; and
(ii)in the matter following subparagraph (B)— (I)by striking subsection (d)
and inserting subsection (c)
; and
(II)by striking and such person complies with any applicable requirement of subsection (b)
; and (C)by adding at the end the following:
(3)The Administrator may require notification under this section for the import or processing of a chemical substance as part of an article or category of articles under paragraph (1)(B) if the Administrator makes an affirmative finding in a rule under paragraph (2) that the reasonable potential for exposure to the chemical substance through the article or category of articles subject to the rule warrants notification.;
(6)by redesignating subsections (c) and (d) as subsections (d) and (c), respectively, and moving subsection (c) (as so redesigned) so as appear after subsection (b) (as redesignated by paragraph (3));
(7)in subsection (c) (as so redesignated)— (A)by striking paragraph (1) and inserting the following:
(1)The notice required by subsection (b) shall include, with respect to a chemical substance— (A)the information required by sections 720.45 and 720.50 of title 40, Code of Federal Regulations (or successor regulations); and
(B)all known or reasonably ascertainable information regarding conditions of use and reasonably anticipated exposures.;
(B)in paragraph (2)— (i)in the matter preceding subparagraph (A)—
(I)by striking subsection (a)
and inserting subsection (b)
; and (II)by striking or of data under subsection (b)
;
(ii)in subparagraph (A), by adding and
after the semicolon at the end; (iii)in subparagraph (B), by striking ; and
and inserting a period; and
(iv)by striking subparagraph (C); and (C)in paragraph (3), by striking subsection (a) and for which the notification period prescribed by subsection (a), (b), or (c)
and inserting subsection (b) and for which the notification period prescribed by subsection (b) or (d)
;
(8)by striking subsection (d) (as redesignated by paragraph (6)) and inserting the following: (d) (1) (A)Subject to subparagraph (B), not later than 90 days after the date of receipt of a notice submitted under subsection (b), the Administrator shall—
(i)conduct an initial review of the notice; (ii)as needed, develop a profile of the relevant chemical substance and the potential for exposure to humans and the environment; and
(iii)make a determination under paragraph (3). (B)Except as provided in paragraph (5), the Administrator may extend the period described in subparagraph (A) for good cause for 1 or more periods, the total of which shall be not more than 90 days.
(2)In evaluating a notice under paragraph (1), the Administrator shall take into consideration— (A)any relevant information identified in subsection (c)(1); and
(B)any other relevant additional information available to the Administrator.
(3)Before the end of the applicable period for review under paragraph (1), based on the information described in paragraph (2), and subject to section 18(g), the Administrator shall determine that—
(A)the relevant chemical substance or significant new use is not likely to meet the safety standard, in which case the Administrator shall take appropriate action under paragraph (4);
(B)the relevant chemical substance or significant new use is likely to meet the safety standard, in which case the Administrator shall allow the review period to expire without additional restrictions; or
(C)additional information is necessary in order to make a determination under subparagraph (A) or (B), in which case the Administrator shall take appropriate action under paragraphs (4) and (5).
(4)
(A)Determination by Administrator
(i)If the Administrator makes a determination under subparagraph (A) or (C) of paragraph (3) with respect to a notice submitted under subsection (b)—
(I)the Administrator, before the end of the applicable period for review under paragraph (1) and by consent agreement or order, as appropriate, shall prohibit or otherwise restrict the manufacture, processing, use, distribution in commerce, or disposal (as applicable) of the chemical substance, or of the chemical substance for a significant new use, without compliance with the restrictions specified in the consent agreement or order that the Administrator determines are sufficient to ensure that the chemical substance or significant new use is likely to meet the safety standard; and
(II)no person may commence manufacture of the chemical substance, or manufacture or processing of the chemical substance for a significant new use, except in compliance with the restrictions specified in the consent agreement or order.
(ii)If the Administrator makes a determination under subparagraph (B) of paragraph (3) with respect to a chemical substance or significant new use for which a notice was submitted under subsection (b), then notwithstanding any remaining portion of the applicable period for review under paragraph (1), the submitter of the notice may commence manufacture for commercial purposes of the chemical substance or manufacture or processing of the chemical substance for a significant new use.
(B)Not later than 90 days after issuing a consent agreement or order under subparagraph (A), the Administrator shall—
(i)consider whether to promulgate a rule pursuant to subsection (b)(2) that identifies as a significant new use any manufacturing, processing, use, distribution in commerce, or disposal of the chemical substance that does not conform to the restrictions imposed by the consent agreement or order; and
(ii)(I)initiate a rulemaking described in clause (i); or (II)publish a statement describing the reasons of the Administrator for not initiating a rulemaking.
(C)A prohibition or other restriction under subparagraph (A) may include, as appropriate— (i)subject to section 18(g), a requirement that a chemical substance shall be marked with, or accompanied by, clear and adequate minimum warnings and instructions with respect to use, distribution in commerce, or disposal, or any combination of those activities, with the form and content of the minimum warnings and instructions to be prescribed by the Administrator
(ii)a requirement that manufacturers or processors of the chemical substance shall— (I)make and retain records of the processes used to manufacture or process, as applicable, the chemical substance; or
(II)monitor or conduct such additional tests as are reasonably necessary to address potential risks from the manufacture, processing, distribution in commerce, use, or disposal, as applicable, of the chemical substance, subject to section 4;
(iii)a restriction on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce—
(I)in general; or (II)for a particular use;
(iv)a prohibition or other restriction of— (I)the manufacture, processing, or distribution in commerce of the chemical substance for a significant new use;
(II)any method of commercial use of the chemical substance; or (III)any method of disposal of the chemical substance; or
(v)a prohibition or other restriction on the manufacture, processing, or distribution in commerce of the chemical substance—
(I)in general; or (II)for a particular use.
(D)Persistent and bioaccumulative substancesFor a chemical substance the Administrator determines, with respect to persistence and bioaccumulation, scores high for 1 and either high or moderate for the other, pursuant to the TSCA Work Plan Chemicals Methods Document published by the Administrator in February 2012, the Administrator shall, in selecting among prohibitions and other restrictions that the Administrator determines are sufficient to ensure that the chemical substance is likely to meet the safety standard, reduce potential exposure to the substance to the maximum extent practicable.
(E)To the extent practicable, the Administrator shall consult with the Assistant Secretary of Labor for Occupational Safety and Health prior to adopting any prohibition or other restriction under this subsection to address workplace exposures.
(F)Definition of requirementFor purposes of this Act, the term requirement
as used in this section does not displace common law.
(5)If the Administrator determines under paragraph (3)(C) that additional information is necessary to conduct a review under this subsection, the Administrator—
(A)shall provide an opportunity for the submitter of the notice to submit the additional information; (B)may, by agreement with the submitter, extend the review period for a reasonable time to allow the development and submission of the additional information;
(C)may promulgate a rule, enter into a testing consent agreement, or issue an order under section 4 to require the development of the information; and
(D)on receipt of information the Administrator finds supports the determination under paragraph (3), shall promptly make the determination.;
(9)by striking subsections (e) through (g) and inserting the following: (e) (1)Not later than 30 days after the date on which a manufacturer that has submitted a notice under subsection (b) commences nonexempt commercial manufacture of a chemical substance, the manufacturer shall submit to the Administrator a notice of commencement that identifies—
(A)the name of the manufacturer; and (B)the initial date of nonexempt commercial manufacture.
(2)A manufacturer or processor that has submitted a notice under subsection (b), but that has not commenced nonexempt commercial manufacture or processing of the chemical substance, may withdraw the notice.
(f)The Administrator may review a chemical substance under section 4A at any time after the Administrator receives—
(1)a notice of commencement for a chemical substance under subsection (e); or (2)new information regarding the chemical substance.
(g)Subject to section 14, the Administrator shall make available to the public— (1)all notices, determinations, consent agreements, rules, and orders submitted under this section or made by the Administrator under this section; and
(2)all information submitted or issued under this section.; and (10)in subsection (h)—
(A)in paragraph (1)— (i)in the matter preceding subparagraph (A), by striking (a) or
; and
(ii)in subparagraph (A), by inserting , without taking into account cost or other nonrisk factors
after the environment
; (B)by striking paragraph (2);
(C)by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; (D)in paragraph (2) (as so redesignated), in the matter preceding subparagraph (A), by striking subsections (a) and (b)
and inserting subsection (b)
;
(E)in paragraph (3) (as so redesignated)— (i)in the first sentence, by striking will not present an unreasonable risk of injury to health or the environment
and inserting will meet the safety standard
; and
(ii)by striking the second sentence; (F)in paragraph (4) (as so redesignated), by striking subsections (a) and (b)
and inserting subsection (b)
; and
(G)in paragraph (5) (as so redesignated), in the first sentence, by striking paragraph (1) or (5)
and inserting paragraph (1) or (4)
. 8.Safety assessments and safety determinationsSection 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended—
(1)by striking the section designation and heading and inserting the following: 6.Safety assessments and safety determinations; (2)by redesignating subsections (e) and (f) as subsections (h) and (i), respectively;
(3)by striking subsections (a) through (d) and inserting the following: (a)The Administrator—
(1)shall conduct a safety assessment and make a safety determination of each high-priority substance in accordance with subsections (b) and (c);
(2)shall, as soon as practicable and not later than 6 months after the date on which a chemical substance is designated as a high-priority substance, define and publish the scope of the safety assessment and safety determination to be conducted pursuant to this section, including the hazards, exposures, conditions of use, and potentially exposed or susceptible populations that the Administrator expects to consider;
(3)as appropriate based on the results of a safety determination, shall establish restrictions pursuant to subsection (d);
(4)shall complete and publish a safety assessment and safety determination not later than 3 years after the date on which a chemical substance is designated as a high-priority substance;
(5)shall promulgate any necessary final rule pursuant to subsection (d) by not later than 2 years after the date on which the safety determination is completed;
(6)may extend any deadline under paragraph (4) for not more than 1 year, if information relating to the high-priority substance, required to be developed in a rule, order, or consent agreement under section 4—
(A)has not yet been submitted to the Administrator; or (B)was submitted to the Administrator—
(i)within the time specified in the rule, order, or consent agreement pursuant to section 4(a)(4)(A)(iv); and
(ii)on or after the date that is 120 days before the expiration of the deadline described in paragraph (4); and
(7)may extend the deadline under paragraph (5) for not more than 2 years, subject to the condition that the aggregate length of all extensions of deadlines under this subsection does not exceed 2 years.
(b)Prior actions and notice of existing information
(1)Prior-initiated assessments
(A)Nothing in this Act prevents the Administrator from initiating a safety assessment or safety determination regarding a chemical substance, or from continuing or completing such a safety assessment or safety determination, prior to the effective date of the policies, procedures, and guidance required to be established by the Administrator under section 3A or 4A.
(B)Integration of prior policies and proceduresAs policies and procedures under section 3A and 4A are established, to the maximum extent practicable, the Administrator shall integrate the policies and procedures into ongoing safety assessments and safety determinations.
(2)Actions completed prior to completion of policies and proceduresNothing in this Act requires the Administrator to revise or withdraw a completed safety assessment, safety determination, or rule solely because the action was completed prior to the completion of a policy or procedure established under section 3A or 4A, and the validity of a completed assessment, determination, or rule shall not be determined based on the content of such a policy or procedure.
(3)Notice of existing information
(A)The Administrator shall, where such information is available, take notice of existing information regarding hazard and exposure published by other Federal agencies and the National Academies and incorporate the information in safety assessments and safety determinations with the objective of increasing the efficiency of the safety assessments and safety determinations.
(B)Existing information described in subparagraph (A) should be included to the extent practicable and where the Administrator determines the information is relevant and scientifically reliable.
(c)
(1)Based on a review of the information available to the Administrator, including draft safety assessments submitted by interested persons pursuant to section 3A(h)(2)(D), and subject to section 18(g), the Administrator shall determine—
(A)by order, that the relevant chemical substance meets the safety standard; (B)that the relevant chemical substance does not meet the safety standard, in which case the Administrator shall, by rule under subsection (d)—
(i)impose restrictions necessary to ensure that the chemical substance meets the safety standard under the conditions of use; or
(ii)if the safety standard cannot be met with the application of other restrictions under subsection (d)(3), ban or phase out the chemical substance, as appropriate; or
(C)that additional information is necessary in order to make a determination under subparagraph (A) or (B), in which case the Administrator shall take appropriate action under paragraph (2).
(2)If the Administrator determines that additional information is necessary to make a safety assessment or safety determination for a high-priority substance, the Administrator—
(A)shall provide an opportunity for interested persons to submit the additional information; (B)may promulgate a rule, enter into a testing consent agreement, or issue an order under section 4 to require the development of the information;
(C)may defer, for a reasonable period consistent with the deadlines described in subsection (a), a safety assessment and safety determination until after receipt of the information; and
(D)consistent with the deadlines described in subsection (a), on receipt of information the Administrator finds supports the safety assessment and safety determination, shall make a determination under paragraph (1).
(3)Establishment of deadlineIn requesting the development or submission of information under this section, the Administrator shall establish a deadline for the submission of the information.
(d)
(1)If the Administrator makes a determination under subsection (c)(1)(B) with respect to a chemical substance, the Administrator shall promulgate a rule establishing restrictions necessary to ensure that the chemical substance meets the safety standard.
(2)
(A)The rule promulgated pursuant to this subsection— (i)may apply to mixtures containing the chemical substance, as appropriate;
(ii)shall include dates by which compliance is mandatory, which— (I)shall be as soon as practicable, but not later than 4 years after the date of promulgation of the rule, except in the case of a use exempted under paragraph (5);
(II)in the case of a ban or phase-out of the chemical substance, shall implement the ban or phase-out in as short a period as practicable;
(III)as determined by the Administrator, may vary for different affected persons; and (IV)following a determination by the Administrator that compliance is technologically or economically infeasible within the timeframe specified in subclause (I), shall provide up to an additional 18 months for compliance to be mandatory;
(iii)shall exempt replacement parts that are manufactured prior to the effective date of the rule for articles that are first manufactured prior to the effective date of the rule unless the Administrator finds the replacement parts contribute significantly to the identified risk;
(iv)shall, in selecting among prohibitions and other restrictions, apply such prohibitions or other restrictions to an article or category of articles containing the chemical substance only to the extent necessary to address the identified risks from exposure to the chemical substance from the article or category of articles, in order to determine that the chemical substance meets the safety standard; and
(v)shall, when the Administrator determines that the chemical substance does not meet the safety standard for a potentially exposed or susceptible population, apply prohibitions or other restrictions necessary to ensure that the substance meets the safety standard for that population.
(B)Persistent and bioaccumulative substancesFor a chemical substance the Administrator determines, with respect to persistence and bioaccumulation, scores high for 1 and either high or moderate for the other, pursuant to the TSCA Work Plan Chemicals Methods Document published by the Administrator in February 2012, the Administrator shall, in selecting among prohibitions and other restrictions that the Administrator determines are sufficient to ensure that the chemical substance meets the safety standard, reduce exposure to the substance to the maximum extent practicable.
(C)The Administrator shall consult with the Assistant Secretary of Labor for Occupational Safety and Health before adopting any prohibition or other restriction under this subsection to address workplace exposures.
(D)Definition of requirementFor the purposes of this Act, the term requirement as used in this section does not displace common law. (3)Subject to section 18, a restriction under paragraph (1) may include, as appropriate—
(A)a requirement that a chemical substance shall be marked with, or accompanied by, clear and adequate minimum warnings and instructions with respect to use, distribution in commerce, or disposal, or any combination of those activities, with the form and content of the minimum warnings and instructions to be prescribed by the Administrator;
(B)a requirement that manufacturers or processors of the chemical substance shall— (i)make and retain records of the processes used to manufacture or process the chemical substance;
(ii)describe and apply the relevant quality control procedures followed in the manufacturing or processing of the substance; or
(iii)monitor or conduct tests that are reasonably necessary to ensure compliance with the requirements of any rule under this subsection;
(C)a restriction on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce;
(D)a requirement to ban or phase out, or otherwise restrict the manufacture, processing, or distribution in commerce of the chemical substance for—
(i)a particular use; (ii)a particular use at a concentration in excess of a level specified by the Administrator; or
(iii)all uses; (E)a restriction on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce for—
(i)a particular use; or (ii)a particular use at a concentration in excess of a level specified by the Administrator;
(F)a requirement to ban, phase out, or otherwise restrict any method of commercial use of the chemical substance;
(G)a requirement to ban, phase out, or otherwise restrict any method of disposal of the chemical substance or any article containing the chemical substance; and
(H)a requirement directing manufacturers or processors of the chemical substance to give notice of the Administrator’s determination under subsection (c)(1)(B) to distributors in commerce of the chemical substance and, to the extent reasonably ascertainable, to other persons in the chain of commerce in possession of the chemical substance.
(4)
(A)In deciding which restrictions to impose under paragraph (3) as part of developing a rule under paragraph (1), the Administrator shall take into consideration, to the extent practicable based on reasonably available information, the quantifiable and nonquantifiable costs and benefits of the proposed regulatory action and of the 1 or more primary alternative regulatory actions considered by the Administrator.
(B)As part of the analysis, the Administrator shall review any 1 or more technically and economically feasible alternatives to the chemical substance that the Administrator determines are relevant to the rulemaking.
(C)In proposing a rule under paragraph (1), the Administrator shall make publicly available any analysis conducted under this paragraph.
(D)In making final a rule under paragraph (1), the Administrator shall include a statement describing how the analysis considered under subparagraph (A) was taken into account.
(5)
(A)The Administrator may, as part of a rule promulgated under paragraph (1) or in a separate rule, exempt 1 or more uses of a chemical substance from any restriction in a rule promulgated under paragraph (1) if the Administrator determines that—
(i)the restriction cannot be complied with, without—
(I)harming national security; (II)causing significant disruption in the national economy due to the lack of availability of a chemical substance; or
(III)interfering with a critical or essential use for which no technically and economically feasible safer alternative is available, taking into consideration hazard and exposure; or
(ii)the use of the chemical substance, as compared to reasonably available alternatives, provides a substantial benefit to health, the environment, or public safety.
(B)In proposing a rule under this paragraph, the Administrator shall make publicly available any analysis conducted under this paragraph to assess the need for the exemption.
(C)In making final a rule under this paragraph, the Administrator shall include a statement describing how the analysis considered under subparagraph (B) was taken into account.
(D)Analysis in case of ban or phase-outIn determining whether an exemption should be granted under this paragraph for a chemical substance for which a ban or phase-out is included in a proposed or final rule under paragraph (1), the Administrator shall take into consideration, to the extent practicable based on reasonably available information, the quantifiable and nonquantifiable costs and benefits of the 1 or more alternatives to the chemical substance the Administrator determines to be technically and economically feasible and most likely to be used in place of the chemical substance under the conditions of use.
(E)As part of a rule promulgated under this paragraph, the Administrator shall include conditions, including reasonable recordkeeping, monitoring, and reporting requirements, to the extent that the Administrator determines the conditions are necessary to protect health and the environment while achieving the purposes of the exemption.
(F)
(i)The Administrator shall establish, as part of a rule under this paragraph, a time limit on any exemption for a time to be determined by the Administrator as reasonable on a case-by-case basis.
(ii)Authority of AdministratorThe Administrator, by rule, may extend, modify, or eliminate an exemption if the Administrator determines, on the basis of reasonably available information and after adequate public justification, the exemption warrants extension or is no longer necessary.
(iii)
(I)Subject to subclause (II), the Administrator shall issue exemptions and establish time periods by considering factors determined by the Administrator to be relevant to the goals of fostering innovation and the development of alternatives that meet the safety standard.
(II)Any renewal of an exemption in the case of a rule under paragraph (1) requiring the ban or phase-out of a chemical substance shall not exceed 5 years.
(e)The Administrator may declare a proposed rule under subsection (d)(1) to be effective on publication of the rule in the Federal Register and until the effective date of final action taken respecting the rule, if—
(1)the Administrator determines that— (A)the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance or mixture subject to the proposed rule or any combination of those activities is likely to result in a risk of serious or widespread injury to health or the environment before the effective date; and
(B)making the proposed rule so effective is necessary to protect the public interest; and (2)in the case of a proposed rule to prohibit the manufacture, processing, or distribution in commerce of a chemical substance or mixture because of the risk determined under paragraph (1)(A), a court has granted relief in an action under section 7 with respect to that risk associated with the chemical substance or mixture.
(f)Under this section and subject to section 18— (1)a safety determination, and the associated safety assessment, for a chemical substance that the Administrator determines under subsection (c) meets the safety standard, shall be considered to be a final agency action, effective beginning on the date of issuance of the final safety determination; and
(2)a final rule promulgated under subsection (d)(1), and the associated safety assessment and safety determination that a chemical substance does not meet the safety standard, shall be considered to be a final agency action, effective beginning on the date of promulgation of the final rule.
(g)Extension of deadlines for certain chemical substancesThe Administrator may not extend any deadline under subsection (a) for a chemical substance designated as a high priority that is listed in the 2014 update of the TSCA Work Plan without adequate public justification that demonstrates, following a review of the information reasonably available to the Administrator, that the Administrator cannot adequately complete a safety assessment and safety determination, or a final rule pursuant to subsection (d), without additional information regarding the chemical substance.; and
(4)in subsection (h) (as redesignated by paragraph (2))— (A)by striking paragraph (4); and
(B)by redesignating paragraph (5) as paragraph (4). 9.Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) is amended—
(1)by striking subsection (a) and inserting the following: (a) (1)The Administrator may commence a civil action in an appropriate United States district court for—
(A)seizure of an imminently hazardous chemical substance or mixture or any article containing the chemical substance or mixture;
(B)relief (as authorized by subsection (b)) against any person that manufactures, processes, distributes in commerce, uses, or disposes of, an imminently hazardous chemical substance or mixture or any article containing the chemical substance or mixture; or
(C)both seizure described in subparagraph (A) and relief described in subparagraph (B). (2)Rule, order, or other proceedingA civil action may be commenced under this paragraph, notwithstanding—
(A)the existence of a decision, rule, consent agreement, or order by the Administrator under section 4, 4A, 5, or 6 or title IV or VI; or
(B)the pendency of any administrative or judicial proceeding under any provision of this Act.; (2)in subsection (b)(1), by striking unreasonable
;
(3)in subsection (d), by striking section 6(a)
and inserting section 6(d)
; and (4)in subsection (f), in the first sentence, by striking and unreasonable
.
10.Information collection and reportingSection 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is amended— (1)in subsection (a)—
(A)in paragraph (3)— (i)in subparagraph (A)(ii)(I)—
(I)by striking 5(b)(4)
and inserting 5
; (II)by inserting section 4 or
after in effect under
; and
(III)by striking 5(e),
and inserting 5(d)(4);
; and (ii)by adding at the end the following:
(C)Not later than 180 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and not less frequently than once every 10 years thereafter, the Administrator, after consultation with the Administrator of the Small Business Administration, shall—
(i)review the adequacy of the standards prescribed according to subparagraph (B); (ii)after providing public notice and an opportunity for comment, make a determination as to whether revision of the standards is warranted; and
(iii)revise the standards if the Administrator so determines.; and (B)by adding at the end the following:
(4)
(A)
(i)Not later than 2 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator shall promulgate rules requiring the maintenance of records and the reporting of additional information known or reasonably ascertainable by the person making the report, including rules applicable to processors so that the Administrator has the information necessary to carry out this title.
(ii)Modification of prior rulesIn carrying out this subparagraph, the Administrator may modify, as appropriate, rules promulgated before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.
(B)The rules promulgated pursuant to subparagraph (A)— (i)may impose different reporting and recordkeeping requirements on manufacturers and processors; and
(ii)shall include the level of detail necessary to be reported, including the manner by which use and exposure information may be reported.
(C)In implementing the reporting and recordkeeping requirements under this paragraph, the Administrator shall take measures—
(i)to limit the potential for duplication in reporting requirements; (ii)to minimize the impact of the rules on small manufacturers and processors; and
(iii)to apply any reporting obligations to those persons likely to have information relevant to the effective implementation of this title.;
(2)in subsection (b), by adding at the end the following: (3) (A)In carrying out paragraph (1), the Administrator shall—
(i)maintain the use of Class 2 nomenclature in use on the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act; (ii)maintain the use of the Soap and Detergent Association Nomenclature System, published in March 1978 by the Administrator in section 1 of addendum III of the document entitled Candidate List of Chemical Substances
, and further described in the appendix A of volume I of the 1985 edition of the Toxic Substances Control Act Substances Inventory (EPA Document No. EPA–560/7–85–002a); and
(iii)treat all components of categories that are considered to be statutory mixtures under this Act as being included on the list published under paragraph (1) under the Chemical Abstracts Service numbers for the respective categories, including, without limitation—
(I)cement, Portland, chemicals, CAS No. 65997–15–1; (II)cement, alumina, chemicals, CAS No. 65997–16–2;
(III)glass, oxide, chemicals, CAS No. 65997–17–3; (IV)frits, chemicals, CAS No. 65997–18–4;
(V)steel manufacture, chemicals, CAS No. 65997–19–5; and (VI)ceramic materials and wares, chemicals, CAS No. 66402–68–4.
(B)Multiple nomenclature conventions
(i)If an existing guidance allows for multiple nomenclature conventions, the Administrator shall—
(I)maintain the nomenclature conventions for substances; and (II)develop new guidance that—
- (aa)establishes equivalency between the nomenclature conventions for chemical substances on the list published under paragraph (1); and
- (bb)permits persons to rely on the new guidance for purposes of determining whether a chemical substance is on the list published under paragraph (1).
(ii)For any chemical substance appearing multiple times on the list under different Chemical Abstracts Service numbers, the Administrator shall develop guidance recognizing the multiple listings as a single chemical substance.
(4)Chemical substances in commerce
(A)
(i)Not later than 1 year after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator, by rule, shall require manufacturers and processors to notify the Administrator, by not later than 180 days after the date of promulgation of the rule, of each chemical substance on the list published under paragraph (1) that the manufacturer or processor, as applicable, has manufactured or processed for a nonexempt commercial purpose during the 10-year period ending on the day before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.
(ii)The Administrator shall designate chemical substances for which notices are received under clause (i) to be active substances on the list published under paragraph (1).
(iii)The Administrator shall designate chemical substances for which no notices are received under clause (i) to be inactive substances on the list published under paragraph (1).
(B)Confidential chemical substancesIn promulgating the rule established pursuant to subparagraph (A), the Administrator shall— (i)maintain the list under paragraph (1), which shall include a confidential portion and a nonconfidential portion consistent with this section and section 14;
(ii)require a manufacturer or processor that is submitting a notice pursuant to subparagraph (A) for a chemical substance on the confidential portion of the list published under paragraph (1) to indicate in the notice whether the manufacturer or processor seeks to maintain any existing claim for protection against disclosure of the specific identity of the substance as confidential pursuant to section 14; and
(iii)require the substantiation of those claims pursuant to section 14 and in accordance with the review plan described in subparagraph (C).
(C)Not later than 1 year after the date on which the Administrator compiles the initial list of active substances pursuant to subparagraph (A), the Administrator shall promulgate a rule that establishes a plan to review all claims to protect the specific identities of chemical substances on the confidential portion of the list published under paragraph (1) that are asserted pursuant to subparagraph (B).
(D)Requirements of review planUnder the review plan under subparagraph (C), the Administrator shall— (i)require, at the time requested by the Administrator, all manufacturers or processors asserting claims under subparagraph (B) to substantiate the claim unless the manufacturer or processor has substantiated the claim in a submission made to the Administrator during the 5-year period ending on the date of the request by the Administrator;
(ii)in accordance with section 14— (I)review each substantiation—
- (aa)submitted pursuant to clause (i) to determine if the claim warrants protection from disclosure; and
- (bb)submitted previously by a manufacturer or processor and relied on in lieu of the substantiation required pursuant to clause (i), if the substantiation has not been previously reviewed by the Administrator, to determine if the claim warrants protection from disclosure;
(II)approve, modify, or deny each claim; and (III)except as provided in this section and section 14, protect from disclosure information for which the Administrator approves such a claim for a period of 10 years, unless, prior to the expiration of the period—
- (aa)the person notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall promptly make the information available to the public; or
- (bb)the Administrator otherwise becomes aware that the need for protection from disclosure can no longer be substantiated, in which case the Administrator shall take the actions described in section 14(g)(2); and
(iii)encourage manufacturers or processors that have previously made claims to protect the specific identities of chemical substances identified as inactive pursuant to subsection (f)(2) to review and either withdraw or substantiate the claims.
(E)Timeline for completion of reviews
(i)The Administrator shall implement the review plan so as to complete reviews of all claims specified in subparagraph (C) not later than 5 years after the date on which the Administrator compiles the initial list of active substances pursuant to subparagraph (A).
(ii)
(I)The Administrator may extend the deadline for completion of the reviews for not more than 2 additional years, after an adequate public justification, if the Administrator determines that the extension is necessary based on the number of claims needing review and the available resources.
(II)Annual review goal and resultsAt the beginning of each year, the Administrator shall publish an annual goal for reviews and the number of reviews completed in the prior year.
(5)Active and inactive substances
(A)The Administrator shall maintain and keep current designations of active substances and inactive substances on the list published under paragraph (1).
(B)
(i)Any person that intends to manufacture or process for a nonexempt commercial purpose a chemical substance that is designated as an inactive substance shall notify the Administrator before the date on which the inactive substance is manufactured or processed.
(ii)Confidential chemical identity claimsIf a person submitting a notice under clause (i) for an inactive substance on the confidential portion of the list published under paragraph (1) seeks to maintain an existing claim for protection against disclosure of the specific identity of the inactive substance as confidential, the person shall—
(I)in the notice submitted under clause (i), assert the claim; and (II)by not later than 30 days after providing the notice under clause (i), substantiate the claim.
(iii)On receiving a notification under clause (i), the Administrator shall— (I)designate the applicable chemical substance as an active substance;
(II)pursuant to section 14, promptly review any claim and associated substantiation submitted pursuant to clause (ii) for protection against disclosure of the specific identity of the chemical substance and approve, modify, or deny the claim;
(III)except as provided in this section and section 14, protect from disclosure the specific identity of the chemical substance for which the Administrator approves a claim under subclause (II) for a period of 10 years, unless, prior to the expiration of the period—
- (aa)the person notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall promptly make the information available to the public; or
- (bb)the Administrator otherwise becomes aware that the need for protection from disclosure can no longer be substantiated, in which case the Administrator shall take the actions described in section 14(g)(2); and
(IV)pursuant to section 4A, review the priority of the chemical substance as the Administrator determines to be necessary.
(C)The list of inactive substances shall not be considered to be a category for purposes of section 26(c).
(6)Interim list of active substancesPrior to the promulgation of the rule required under paragraph (4)(A), the Administrator shall designate the chemical substances reported under part 711 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act), during the reporting period that most closely preceded the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, as the interim list of active substances for the purposes of section 4A.
(7)Subject to this subsection, the Administrator shall make available to the public— (A)the specific identity of each chemical substance on the nonconfidential portion of the list published under paragraph (1) that the Administrator has designated as—
(i)an active substance; or
(ii)an inactive substance;
(B)the accession number, generic name, and, if applicable, premanufacture notice case number for each chemical substance on the confidential portion of the list published under paragraph (1) for which a claim of confidentiality was received; and
(C)subject to subsections (f) and (g) of section 14, the specific identity of any active substance for which—
(i)a claim for protection against disclosure of the specific identity of the active chemical substance was not asserted, as required under this subsection or subsection (d) or (f) of section 14;
(ii)a claim for protection against disclosure of the specific identity of the active substance has been denied by the Administrator; or
(iii)the time period for protection against disclosure of the specific identity of the active substance has expired.
(8)No person may assert a new claim under this subsection for protection from disclosure of a specific identity of any active or inactive chemical substance for which a notice is received under paragraph (4)(A)(i) or (5)(C)(i) that is not on the confidential portion of the list published under paragraph (1).
(9)Under the rules promulgated under this subsection, manufacturers and processors shall be required— (A)to certify that each notice or substantiation the manufacturer or processor submits complies with the requirements of the rule, and that any confidentiality claims are true and correct; and
(B)to retain a record supporting the certification for a period of 5 years beginning on the last day of the submission period.;
(3)in subsection (e)— (A)by striking Any person
and inserting the following:
(1)Any person; and (B)by adding at the end the following:
(2)Any person may submit to the Administrator information reasonably supporting the conclusion that a chemical substance or mixture presents, will present, or does not present a substantial risk of injury to health and the environment.; and
(4)in subsection (f), by striking For purposes of this section, the
and inserting the following: In this section:(1)The term active substance means a chemical substance— (A)that has been manufactured or processed for a nonexempt commercial purpose at any point during the 10-year period ending on the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act;
(B)that is added to the list published under subsection (b)(1) after that date of enactment; or (C)for which a notice is received under subsection (b)(5)(C).
(2)The term inactive substance means a chemical substance on the list published under subsection (b)(1) that does not meet any of the criteria described in paragraph (1).
(3)The. 11.Relationship to other Federal lawsSection 9 of the Toxic Substances Control Act (15 U.S.C. 2608) is amended—
(1)in subsection (a)— (A)in paragraph (1), in the first sentence—
(i)by striking presents or will present an unreasonable risk to health or the environment
and inserting does not or will not meet the safety standard
; and (ii)by striking such risk
the first place it appears and inserting the risk posed by the substance or mixture
;
(B)in paragraph (2)— (i)in subparagraph (A), by inserting within the time period specified by the Administrator in the report
after issues an order
;
(ii)in subparagraph (B), by inserting responds within the time period specified by the Administrator in the report and
before initiates, within 90 days
; and (iii)in the matter following subparagraph (B), by striking section 6 or 7
and inserting section 6(d) or section 7
;
(C)by redesignating paragraph (3) as paragraph (6); (D)in paragraph (6) (as so redesignated), by striking section 6 or 7
and inserting section 6(d) or 7
; and
(E)by inserting after paragraph (2) the following: (3)The Administrator shall take the actions described in paragraph (4) if the Administrator makes a report under paragraph (1) with respect to a chemical substance or mixture and the agency to which the report was made does not—
(A)issue the order described in paragraph (2)(A) within the time period specified by the Administrator in the report; or
(B)(i)respond under paragraph (1) within the time frame specified by the Administrator in the report; and (ii)initiate action within 90 days of publication in the Federal Register of the response described in clause (i).
(4)If an agency to which a report under paragraph (1) does not take the actions described in subparagraphs (A) or (B) of paragraph (3), the Administrator shall—
(A)if a safety assessment and safety determination for the substance under section 6 has not been completed, complete the safety assessment and safety determination;
(B)if the Administrator has determined or determines that the chemical substance does not meet the safety standard, initiate action under section 6(d) with respect to the risk; or
(C)take any action authorized or required under section 7, as appropriate. (5)This subsection shall not relieve the Administrator of any obligation to complete a safety assessment and safety determination or take any required action under section 6(d) or 7 to address risks from the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or any combination of those activities, that are not identified in a report issued by the Administrator under paragraph (1).;
(2)in subsection (d), in the first sentence, by striking Health, Education, and Welfare
and inserting Health and Human Services
; and (3)by adding at the end the following:
(e)If the Administrator obtains information related to exposures or releases of a chemical substance that may be prevented or reduced under another Federal law, including laws not administered by the Administrator, the Administrator shall make such information available to the relevant Federal agency or office of the Environmental Protection Agency..
12.Research, development, collection, dissemination, and utilization of dataSection 10 of the Toxic Substances Control Act (15 U.S.C. 2609) is amended by striking Health, Education, and Welfare
each place it appears and inserting Health and Human Services
. 13.Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is amended—
(1)in subsection (a), by striking paragraph (2) and inserting the following: (2)Paragraph (1) shall not apply to—
(A)any new chemical substance that the Administrator determines is likely to present an unreasonable risk of injury to health within the United States or to the environment of the United States, without taking into account cost or other non-risk factors;
(B)any chemical substance that the Administrator determines presents or will present an unreasonable risk of injury to health within the United States or to the environment of the United States, without taking into account cost or other non-risk factors; or
(C)any chemical substance that— (i)the Administrator determines is likely to present an unreasonable risk of injury to health within the United States or to the environment of the United States, without taking into account cost or other non-risk factors; and
(ii)is subject to restriction under section 5(d)(4). (3)Waivers for certain mixtures and articlesFor a mixture or article containing a chemical substance described in paragraph (2), the Administrator may—
(A)determine that paragraph (1) shall not apply to the mixture or article; or (B)establish a threshold concentration in a mixture or article at which paragraph (1) shall not apply.
(4)The Administrator may require testing under section 4 of any chemical substance or mixture exempted from this Act under paragraph (1) for the purpose of determining whether the chemical substance meets the safety standard within the United States.;
(2)by striking subsection (b) and inserting the following: (b) (1)A person shall notify the Administrator that the person is exporting or intends to export to a foreign country—
(A)a chemical substance or a mixture containing a chemical substance that the Administrator has determined under section 5 is not likely to meet the safety standard and for which a prohibition or other restriction has been proposed or established under that section;
(B)a chemical substance or a mixture containing a chemical substance that the Administrator has determined under section 6 does not meet the safety standard and for which a prohibition or other restriction has been proposed or established under that section;
(C)a chemical substance for which the United States is obligated by treaty to provide export notification;
(D)a chemical substance or mixture containing a chemical substance subject to a proposed or promulgated significant new use rule, or a prohibition or other restriction pursuant to a rule, order, or consent agreement in effect under this Act;
(E)a chemical substance or mixture for which the submission of information is required under section 4; or
(F)a chemical substance or mixture for which an action is pending or for which relief has been granted under section 7.
(2)
(A)The Administrator shall promulgate rules to carry out paragraph (1). (B)The rules promulgated pursuant to subparagraph (A) shall—
(i)include such exemptions as the Administrator determines to be appropriate, which may include exemptions identified under section 5(h); and
(ii)indicate whether, or to what extent, the rules apply to articles containing a chemical substance or mixture described in paragraph (1).
(3)The Administrator shall submit to the government of each country to which a chemical substance or mixture is exported—
(A)for a chemical substance or mixture described in subparagraph (A), (B), (D), or (F) of paragraph (1), a notice of the determination, rule, order, consent agreement, action, relief, or requirement;
(B)for a chemical substance described in paragraph (1)(C), a notice that satisfies the obligation of the United States under the applicable treaty; and
(C)for a chemical substance or mixture described in paragraph (1)(E), a notice of availability of the information on the chemical substance or mixture submitted to the Administrator.; and
(3)in subsection (c), by striking paragraph (3). 14.Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613) is amended to read as follows:
14.
(a)Except as otherwise provided in this section, the Administrator shall not disclose information that is exempt from disclosure pursuant to subsection (a) of section 552 of title 5, United States Code, under subsection (b)(4) of that section—
(1)that is reported to, or otherwise obtained by, the Administrator under this Act; and (2)for which the requirements of subsection (d) are met.
(b)Information generally protected from disclosureThe following information specific to, and submitted by, a manufacturer, processor, or distributor that meets the requirements of subsections (a) and (d) shall be presumed to be protected from disclosure, subject to the condition that nothing in this Act prohibits the disclosure of any such information, or information that is the subject of subsection (g)(3), through discovery, subpoena, other court order, or any other judicial process otherwise allowed under applicable Federal or State law:
(1)Specific information describing the processes used in manufacture or processing of a chemical substance, mixture, or article.
(2)Marketing and sales information. (3)Information identifying a supplier or customer.
(4)Details of the full composition of a mixture and the respective percentages of constituents. (5)Specific information regarding the use, function, or application of a chemical substance or mixture in a process, mixture, or product.
(6)Specific production or import volumes of the manufacturer. (7)Specific aggregated volumes across manufacturers, if the Administrator determines that disclosure of the specific aggregated volumes would reveal confidential information.
(8)Except as otherwise provided in this section, the specific identity of a chemical substance prior to the date on which the chemical substance is first offered for commercial distribution, including the chemical name, molecular formula, Chemical Abstracts Service number, and other information that would identify a specific chemical substance, if the specific identity was claimed as confidential information at the time it was submitted in a notice under section 5.
(c)Information not protected from disclosure
(1)Notwithstanding subsections (a) and (b), the following information shall not be protected from disclosure:
(A)Information from health and safety studies
(i)Subject to clause (ii)— (I)any health and safety study that is submitted under this Act with respect to—
- (aa)any chemical substance or mixture that, on the date on which the study is to be disclosed, has been offered for commercial distribution; or
- (bb)any chemical substance or mixture for which— (AA)testing is required under section 4; or
(BB)a notification is required under section 5; or
(II)any information reported to, or otherwise obtained by, the Administrator from a health and safety study relating to a chemical substance or mixture described in item (aa) or (bb) of subclause (I).
(ii)Nothing in this subparagraph authorizes the release of any information that discloses— (I)a process used in the manufacturing or processing of a chemical substance or mixture; or
(II)in the case of a mixture, the portion of the mixture comprised by any chemical substance in the mixture.
(B)Other information not protected from disclosure
(i)For information submitted after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the specific identity of a chemical substance as of the date on which the chemical substance is first offered for commercial distribution, if the person submitting the information does not meet the requirements of subsection (d).
(ii)A safety assessment developed, or a safety determination made, under section 6. (iii)Any general information describing the manufacturing volumes, expressed as specific aggregated volumes or, if the Administrator determines that disclosure of specific aggregated volumes would reveal confidential information, expressed in ranges.
(iv)A general description of a process used in the manufacture or processing and industrial, commercial, or consumer functions and uses of a chemical substance, mixture, or article containing a chemical substance or mixture, including information specific to an industry or industry sector that customarily would be shared with the general public or within an industry or industry sector.
(2)Mixed confidential and nonconfidential informationAny information that is eligible for protection under this section and is submitted with information described in this subsection shall be protected from disclosure, if the submitter complies with subsection (d), subject to the condition that information in the submission that is not eligible for protection against disclosure shall be disclosed.
(3)If the Administrator promulgates a rule pursuant to section 6(d) that establishes a ban or phase-out of the manufacture, processing, or distribution in commerce of a chemical substance, subject to paragraphs (2), (3), and (4) of subsection (g), any protection from disclosure provided under this section with respect to the specific identity of the chemical substance and other information relating to the chemical substance shall no longer apply.
(4)If a request is made to the Administrator under section 552(a) of title 5, United States Code, for information that is subject to disclosure under this subsection, the Administrator may not deny the request on the basis of section 552(b)(4) of title 5, United States Code.
(d)Requirements for confidentiality claims
(1)
(A)A person seeking to protect any information submitted under this Act from disclosure (including information described in subsection (b)) shall assert to the Administrator a claim for protection concurrent with submission of the information, in accordance with such rules regarding a claim for protection from disclosure as the Administrator has promulgated or may promulgate pursuant to this title.
(B)An assertion of a claim under subparagraph (A) shall include a statement that the person has— (i)taken reasonable measures to protect the confidentiality of the information;
(ii)determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law;
(iii)a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of the person; and
(iv)a reasonable basis to believe that the information is not readily discoverable through reverse engineering.
(C)Specific chemical identityIn the case of a claim under subparagraph (A) for protection against disclosure of a specific chemical identity, the claim shall include a structurally descriptive generic name for the chemical substance that the Administrator may disclose to the public, subject to the condition that the generic name shall—
(i)be consistent with guidance issued by the Administrator under paragraph (3)(A); and
(ii)describe the chemical structure of the substance as specifically as practicable while protecting those features of the chemical structure—
(I)that are considered to be confidential; and (II)the disclosure of which would be likely to cause substantial harm to the competitive position of the person.
(D)No person may assert a claim under this section for protection from disclosure of information that is already publicly available.
(2)Additional requirements for confidentiality claimsExcept for information described in subsection (b), a person asserting a claim to protect information from disclosure under this Act shall substantiate the claim, in accordance with the rules promulgated and consistent with the guidance issued by the Administrator.
(3)The Administrator shall develop guidance regarding— (A)the determination of structurally descriptive generic names, in the case of claims for the protection against disclosure of specific chemical identity; and
(B)the content and form of the statements of need and agreements required under paragraphs (4), (5), and (6) of subsection (e).
(4)An authorized official of a person described in paragraph (1)(A) shall certify that the statement required to assert a claim submitted pursuant to paragraph (1)(B) and any information required to substantiate a claim submitted pursuant to paragraph (2) are true and correct.
(e)Exceptions to protection from disclosureInformation described in subsection (a)— (1)shall be disclosed if the information is to be disclosed to an officer or employee of the United States in connection with the official duties of the officer or employee—
(A)under any law for the protection of health or the environment; or
(B)for a specific law enforcement purpose;
(2)shall be disclosed if the information is to be disclosed to a contractor of the United States and employees of that contractor—
(A)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 for the performance of work in connection with this Act; and
(B)subject to such conditions as the Administrator may specify; (3)shall be disclosed if the Administrator determines that disclosure is necessary to protect health or the environment;
(4)shall be disclosed if the information is to be disclosed to a State or political subdivision of a State, on written request, for the purpose of development, administration, or enforcement of a law, if 1 or more applicable agreements with the Administrator that are consistent with the guidance issued under subsection (d)(3)(B) ensure that the recipient will take appropriate measures, and has adequate authority, to maintain the confidentiality of the information in accordance with procedures comparable to the procedures used by the Administrator to safeguard the information;
(5)shall be disclosed if a health or environmental professional employed by a Federal or State agency or a treating physician or nurse in a nonemergency situation provides a written statement of need and agrees to sign a written confidentiality agreement with the Administrator, subject to the conditions that—
(A)the statement of need and confidentiality agreement are consistent with the guidance issued under subsection (d)(3)(B);
(B)the written statement of need shall be a statement that the person has a reasonable basis to suspect that—
(i)the information is necessary for, or will assist in— (I)the diagnosis or treatment of 1 or more individuals; or
(II)responding to an environmental release or exposure; and (ii)1 or more individuals being diagnosed or treated have been exposed to the chemical substance concerned, or an environmental release or exposure has occurred; and
(C)the confidentiality agreement shall provide that the person will not use the information for any purpose other than the health or environmental needs asserted in the statement of need, except as otherwise may be authorized by the terms of the agreement or by the person submitting the information to the Administrator, except that nothing in this Act prohibits the disclosure of any such information through discovery, subpoena, other court order, or any other judicial process otherwise allowed under applicable Federal or State law;
(6)shall be disclosed if in the event of an emergency, a treating physician, nurse, agent of a poison control center, public health or environmental official of a State or political subdivision of a State, or first responder (including any individual duly authorized by a Federal agency, State, or political subdivision of a State who is trained in urgent medical care or other emergency procedures, including a police officer, firefighter, or emergency medical technician) requests the information, subject to the conditions that—
(A)the treating physician, nurse, agent, public health or environmental official of a State or a political subdivision of a State, or first responder shall have a reasonable basis to suspect that—
(i)a medical or public health or environmental emergency exists; (ii)the information is necessary for, or will assist in, emergency or first-aid diagnosis or treatment; or
(iii)1 or more individuals being diagnosed or treated have likely been exposed to the chemical substance concerned, or a serious environmental release of or exposure to the chemical substance concerned has occurred;
(B)if requested by the person submitting the information to the Administrator, the treating physician, nurse, agent, public health or environmental official of a State or a political subdivision of a State, or first responder shall, as described in paragraph (5)—
(i)provide a written statement of need; and
(ii)agree to sign a confidentiality agreement; and (C)the written confidentiality agreement or statement of need shall be submitted as soon as practicable, but not necessarily before the information is disclosed;
(7)may be disclosed if the Administrator determines that disclosure is relevant in a proceeding under this Act, subject to the condition that the disclosure shall be made in such a manner as to preserve confidentiality to the maximum extent practicable without impairing the proceeding;
(8)shall be disclosed if the information is to be disclosed, on written request of any duly authorized congressional committee, to that committee; or
(9)shall be disclosed if the information is required to be disclosed or otherwise made public under any other provision of Federal law.
(f)Duration of protection from disclosure
(1)
(A)Information not subject to time limit for protection from disclosureSubject to paragraph (2), the Administrator shall protect from disclosure information described in subsection (b) that meets the requirements of subsections (a) and (d), unless—
(i)the person that asserted the claim notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall promptly make the information available to the public; or
(ii)the Administrator otherwise becomes aware that the information does not qualify or no longer qualifies for protection against disclosure under subsection (a), in which case the Administrator shall take any actions required under subsection (g)(2).
(B)Information subject to time limit for protection from disclosureSubject to paragraph (2), the Administrator shall protect from disclosure information, other than information described in subsection (b), that meets the requirements of subsections (a) and (d) for a period of 10 years, unless, prior to the expiration of the period—
(i)the person that asserted the claim notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall promptly make the information available to the public; or
(ii)the Administrator otherwise becomes aware that the information does not qualify or no longer qualifies for protection against disclosure under subsection (a), in which case the Administrator shall take any actions required under subsection (g)(2).
(C)
(i)Not later than the date that is 60 days before the expiration of the period described in subparagraph (B), the Administrator shall provide to the person that asserted the claim a notice of the impending expiration of the period.
(ii)
(I)Not later than the date that is 30 days before the expiration of the period described in subparagraph (B), a person reasserting the relevant claim shall submit to the Administrator a request for extension substantiating, in accordance with subsection (d)(2), the need to extend the period.
(II)Not later than the date of expiration of the period described in subparagraph (B), the Administrator shall, in accordance with subsection (g)(1)(C)—
- (aa)review the request submitted under subclause (I);
- (bb)make a determination regarding whether the claim for which the request was submitted continues to meet the relevant criteria established under this section; and
- (cc)(AA)grant an extension of 10 years; or (BB)deny the request.
(D)No limit on number of extensionsThere shall be no limit on the number of extensions granted under subparagraph (C), if the Administrator determines that the relevant request under subparagraph (C)(ii)(I)—
(i)establishes the need to extend the period; and
(ii)meets the requirements established by the Administrator. (2)Review and resubstantiation (A)Discretion of AdministratorThe Administrator may review, at any time, a claim for protection of information against disclosure under subsection (a) and require any person that has claimed protection for that information, whether before, on, or after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to withdraw or reassert and substantiate or resubstantiate the claim in accordance with this section—
(i)after the chemical substance is identified as a high-priority substance under section 4A; (ii)for any chemical substance for which the Administrator has made a determination under section 6(c)(1)(C);
(iii)for any inactive chemical substance identified under section 8(b)(5); or (iv)in limited circumstances, if the Administrator determines that disclosure of certain information currently protected from disclosure would assist the Administrator in conducting safety assessments and safety determinations under subsections (b) and (c) of section 6 or promulgating rules pursuant to section 6(d).
(B)The Administrator shall review a claim for protection of information against disclosure under subsection (a) and require any person that has claimed protection for that information, whether before, on, or after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to withdraw or reassert and substantiate or resubstantiate the claim in accordance with this section—
(i)as necessary to determine whether the information qualifies for an exemption from disclosure in connection with a request for information received by the Administrator under section 552 of title 5, United States Code;
(ii)if the Administrator has a reasonable basis to believe that the information does not qualify for protection against disclosure under subsection (a); or
(iii)for any substance for which the Administrator has made a determination under section 6(c)(1)(B). (C)If the Administrator makes a request under subparagraph (A) or (B), the recipient of the request shall—
(i)reassert and substantiate or resubstantiate the claim; or (ii)withdraw the claim.
(D)Protection from disclosure of information subject to a claim that is reviewed and approved by the Administrator under this paragraph shall be extended for a period of 10 years from the date of approval, subject to any subsequent request by the Administrator under this paragraph.
(3)The Administrator shall— (A)(i)develop a system to assign a unique identifier to each specific chemical identity for which the Administrator approves a request for protection from disclosure, other than a specific chemical identity or structurally descriptive generic term; and
(ii)apply that identifier consistently to all information relevant to the applicable chemical substance;
(B)annually publish and update a list of chemical substances, referred to by unique identifier, for which claims to protect the specific chemical identity from disclosure have been approved, including the expiration date for each such claim;
(C)ensure that any nonconfidential information received by the Administrator with respect to such a chemical substance during the period of protection from disclosure—
(i)is made public; and
(ii)identifies the chemical substance using the unique identifier; and (D)for each claim for protection of specific chemical identity that has been denied by the Administrator or expired, or that has been withdrawn by the submitter, provide public access to the specific chemical identity clearly linked to all nonconfidential information received by the Administrator with respect to the chemical substance.
(g)
(1)
(A)Except as provided in subsection (b), the Administrator shall, subject to subparagraph (C), not later than 90 days after the receipt of a claim under subsection (d), and not later than 30 days after the receipt of a request for extension of a claim under subsection (f), review and approve, modify, or deny the claim or request.
(B)Reasons for denial or modificationIf the Administrator denies or modifies a claim or request under subparagraph (A), the Administrator shall provide to the person that submitted the claim or request a written statement of the reasons for the denial or modification of the claim or request.
(C)The Administrator shall— (i)except for claims described in subsection (b)(8), review all claims or requests under this section for the protection against disclosure of the specific identity of a chemical substance; and
(ii)review a representative subset, comprising at least 25 percent, of all other claims or requests for protection against disclosure.
(D)The failure of the Administrator to make a decision regarding a claim or request for protection against disclosure or extension under this section shall not be the basis for denial or elimination of a claim or request for protection against disclosure.
(2)
(A)Except as provided in subparagraph (B) and subsections (c), (e), and (f), if the Administrator denies or modifies a claim or request under paragraph (1), intends to release information pursuant to subsection (e), or promulgates a rule under section 6(d) establishing a ban or phase-out of a chemical substance, the Administrator shall notify, in writing and by certified mail, the person that submitted the claim of the intent of the Administrator to release the information.
(B)Except as provided in subparagraph (C), the Administrator shall not release information under this subsection until the date that is 30 days after the date on which the person that submitted the request receives notification under subparagraph (A).
(C)
(i)For information under paragraph (3) or (8) of subsection (e), the Administrator shall not release that information until the date that is 15 days after the date on which the person that submitted the claim or request receives a notification, unless the Administrator determines that release of the information is necessary to protect against an imminent and substantial harm to health or the environment, in which case no prior notification shall be necessary.
(ii)Notification as soon as practicableFor information under paragraphs (4) and (6) of subsection (e), the Administrator shall notify the person that submitted the information that the information has been disclosed as soon as practicable after disclosure of the information.
(iii)Notification shall not be required— (I)for the disclosure of information under paragraph (1), (2), (7), or (9) of subsection (e); or
(II)for the disclosure of information for which— - (aa)a notice under subsection (f)(1)(C)(i) was received; and
- (bb)no request was received by the Administrator on or before the date of expiration of the period for which protection from disclosure applies.
(3)
(A)With respect to notifications provided by the Administrator under paragraph (2) with respect to information pertaining to a chemical substance subject to a rule as described in subsection (c)(3), there shall be a rebuttable presumption that the public interest in disclosing confidential information related to a chemical substance subject to a rule promulgated under section 6(d) that establishes a ban or phase-out of the manufacture, processing, or distribution in commerce of the substance outweighs the proprietary interest in maintaining the protection from disclosure of that information.
(B)Request for nondisclosureA person that receives a notification under paragraph (2) with respect to the information described in subparagraph (A) may submit to the Administrator, before the date on which the information is to be released pursuant to paragraph (2)(B), a request with supporting documentation describing why the person believes some or all of that information should not be disclosed.
(C)Determination by Administrator
(i)Not later than 30 days after the Administrator receives a request under subparagraph (B), the Administrator shall determine whether the documentation provided by the person making the request rebuts or does not rebut the presumption described in subparagraph (A), for all or a portion of the information that the person has requested not be disclosed.
(ii)The Administrator shall make the determination with the objective of ensuring that information relevant to protection of health and the environment is disclosed to the maximum extent practicable.
(D)Not later than 30 days after making the determination described in subparagraph (C), the Administrator shall make public the information the Administrator has determined is not to be protected from disclosure.
(E)No timely request receivedIf the Administrator does not receive, before the date on which the information described in subparagraph (A) is to be released pursuant to paragraph (2)(B), a request pursuant to subparagraph (B), the Administrator shall promptly make public all of the information.
(4)
(A)If a person receives a notification under paragraph (2) and believes disclosure of the information is prohibited under subsection (a), before the date on which the information is to be released pursuant to paragraph (2)(B), the person may bring an action to restrain disclosure of the information in—
(i)the United States district court of the district in which the complainant resides or has the principal place of business; or
(ii)the United States District Court for the District of Columbia. (B)The Administrator shall not disclose any information that is the subject of an appeal under this section before the date on which the applicable court rules on an action under subparagraph (A).
(5)Request and notification systemThe Administrator, in consultation with the Director of the Centers for Disease Control and Prevention, shall develop a request and notification system that allows for expedient and swift access to information disclosed pursuant to paragraphs (5) and (6) of subsection (e) in a format and language that is readily accessible and understandable.
(h)Criminal penalty for wrongful disclosure
(1)Officers and employees of United States
(A)Subject to paragraph (2), a current or former officer or employee of the United States described in subparagraph (B) shall be guilty of a misdemeanor and fined under title 18, United States Code, or imprisoned for not more than 1 year, or both.
(B)A current or former officer or employee of the United States referred to in subparagraph (A) is a current or former officer or employee of the United States who—
(i)by virtue of that employment or official position has obtained possession of, or has access to, material the disclosure of which is prohibited by subsection (a); and
(ii)knowing that disclosure of that material is prohibited by subsection (a), willfully discloses the material in any manner to any person not entitled to receive that material.
(2)Section 1905 of title 18, United States Code, shall not apply with respect to the publishing, divulging, disclosure, making known of, or making available, information reported or otherwise obtained under this Act.
(3)For purposes of this subsection, any contractor of the United States that is provided information in accordance with subsection (e)(2), including any employee of that contractor, shall be considered to be an employee of the United States.
(i)
(1)Except as otherwise provided in this section, section 8, or any other applicable Federal law, the Administrator shall have no authority—
(A)to require the substantiation or resubstantiation of a claim for the protection from disclosure of information reported to or otherwise obtained by the Administrator under this Act before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act; or
(B)to impose substantiation or resubstantiation requirements under this Act that are more extensive than those required under this section.
(2)Actions prior to promulgation of rulesNothing in this Act prevents the Administrator from reviewing, requiring substantiation or resubstantiation for, or approving, modifying or denying any claim for the protection from disclosure of information before the effective date of such rules applicable to those claims as the Administrator may promulgate after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act..
15.Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is amended by striking paragraph (1) and inserting the following:
(1)fail or refuse to comply with— (A)any rule promulgated, consent agreement entered into, or order issued under section 4;
(B)any requirement under section 5 or 6; (C)any rule promulgated, consent agreement entered into, or order issued under section 5 or 6; or
(D)any requirement of, or any rule promulgated or order issued pursuant to title II;. 16.Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) is amended—
(1)in subsection (a)(1)— (A)in the first sentence, by striking $25,000
and inserting $37,500
; and
(B)in the second sentence, by striking violation of section 15 or 409
and inserting violation of this Act
; and (2)in subsection (b)—
(A)by striking Any person who
and inserting the following: (1)Any person that;
(B)by striking $25,000
and inserting $50,000
; and (C)by adding at the end the following:
(2)Imminent danger of death or serious bodily injury
(A)Any person that knowingly or willfully violates any provision of section 15 or 409, and that knows at the time of the violation that the violation places an individual in imminent danger of death or serious bodily injury, shall be subject on conviction to a fine of not more than $250,000, or imprisonment for not more than 15 years, or both.
(B)An organization that commits a violation described in subparagraph (A) shall be subject on conviction to a fine of not more than $1,000,000 for each violation.
(C)Incorporation of corresponding provisionsSubparagraphs (B) through (F) of section 113(c)(5) of the Clean Air Act (42 U.S.C. 7413(c)(5)) shall apply to the prosecution of a violation under this paragraph..
17.State-Federal relationshipSection 18 of the Toxic Substances Control Act (15 U.S.C. 2617) is amended by striking subsections (a) and (b) and inserting the following:
(a)
(1)Establishment or enforcementExcept as provided in subsections (c), (d), (e), (f), and (g), and subject to paragraph (2), no State or political subdivision of a State may establish or continue to enforce any of the following:
(A)A statute or administrative action to require the development of information on a chemical substance or category of substances that is reasonably likely to produce the same information required under section 4, 5, or 6 in—
(i)a rule promulgated by the Administrator; (ii)a testing consent agreement entered into by the Administrator; or
(iii)an order issued by the Administrator. (B)Chemical substances found to meet the safety standard or restrictedA statute or administrative action to prohibit or otherwise restrict the manufacture, processing, or distribution in commerce or use of a chemical substance—
(i)found to meet the safety standard and consistent with the scope of the determination made under section 6; or
(ii)found not to meet the safety standard, after the effective date of the rule issued under section 6(d) for the substance, consistent with the scope of the determination made by the Administrator.
(C)A statute or administrative action requiring the notification of a use of a chemical substance that the Administrator has specified as a significant new use and for which the Administrator has required notification pursuant to a rule promulgated under section 5.
(2)Effective date of preemptionUnder this subsection, Federal preemption of statutes and administrative actions applicable to specific substances shall not occur until the effective date of the applicable action described in paragraph (1) taken by the Administrator.
(b)New statutes or administrative actions creating prohibitions or other restrictions
(1)Except as provided in subsections (c), (d), (e), (f), and (g), beginning on the date on which the Administrator defines and publishes the scope of a safety assessment and safety determination under section 6(a)(2) and ending on the date on which the deadline established pursuant to section 6(a) for completion of the safety determination expires, or on the date on which the Administrator publishes the safety determination under section 6(a), whichever is earlier, no State or political subdivision of a State may establish a statute or administrative action prohibiting or restricting the manufacture, processing, distribution in commerce or use of a chemical substance that is a high-priority substance designated under section 4A.
(2)
(A)This subsection does not restrict the authority of a State or political subdivision of a State to continue to enforce any statute enacted, or administrative action taken, prior to the date on which the Administrator defines and publishes the scope of a safety assessment and safety determination under section 6(a)(2).
(B)Subparagraph (A) does not allow a State or political subdivision of a State to enforce any new prohibition or restriction under a statute or administrative action described in that subparagraph, if the prohibition or restriction is established after the date described in that subparagraph.
(c)Federal preemption under subsections (a) and (b) of statutes and administrative actions applicable to specific substances shall apply only to—
(1)the chemical substances or category of substances subject to a rule, order, or consent agreement under section 4;
(2)the hazards, exposures, risks, and uses or conditions of use of such substances that are identified by the Administrator as subject to review in a safety assessment and included in the scope of the safety determination made by the Administrator for the substance, or of any rule the Administrator promulgates pursuant to section 6(d); or
(3)the uses of such substances that the Administrator has specified as significant new uses and for which the Administrator has required notification pursuant to a rule promulgated under section 5.
(d)
(1)No preemption of statutes and administrative actions
(A)Nothing in this Act, nor any amendment made by this Act, nor any rule, standard of performance, safety determination, or scientific assessment implemented pursuant to this Act, shall affect the right of a State or a political subdivision of a State to adopt or enforce any rule, standard of performance, safety determination, scientific assessment, or any protection for public health or the environment that—
(i)is adopted or authorized under the authority of any other Federal law or adopted to satisfy or obtain authorization or approval under any other Federal law;
(ii)implements a reporting, monitoring, disclosure, or other information obligation for the chemical substance not otherwise required by the Administrator under this Act or required under any other Federal law;
(iii)is adopted pursuant to authority under a law of the State or political subdivision of the State related to water quality, air quality, or waste treatment or disposal, except to the extent that the action—
(I)imposes a restriction on the manufacture, processing, distribution in commerce, or use of a chemical substance; and
(II)- (aa)addresses the same hazards and exposures, with respect to the same conditions of use as are included in the scope of the safety determination pursuant to section 6, but is inconsistent with the action of the Administrator; or
- (bb)would cause a violation of the applicable action by the Administrator under section 5 or 6; or
(iv)subject to subparagraph (B), is identical to a requirement prescribed by the Administrator.
(B)
(i)The penalties and other sanctions applicable under a law of a State or political subdivision of a State in the event of noncompliance with the identical requirement shall be no more stringent than the penalties and other sanctions available to the Administrator under section 16 of this Act.
(ii)In the case of an identical requirement— (I)a State or political subdivision of a State may not assess a penalty for a specific violation for which the Administrator has assessed an adequate penalty under section 16; and
(II)if a State or political subdivision of a State has assessed a penalty for a specific violation, the Administrator may not assess a penalty for that violation in an amount that would cause the total of the penalties assessed for the violation by the State or political subdivision of a State and the Administrator combined to exceed the maximum amount that may be assessed for that violation by the Administrator under section 16.
(2)Applicability to certain rules or ordersNotwithstanding subsection (e)— (A)nothing in this section shall be construed as modifying the effect under this section, as in effect on the day before the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, of any rule or order promulgated or issued under this Act prior to that effective date; and
(B)with respect to a chemical substance or mixture for which any rule or order was promulgated or issued under section 6 prior to the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act with regards to manufacturing, processing, distribution in commerce, use, or disposal of a chemical substance, this section (as in effect on the day before the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act) shall govern the preemptive effect of any rule or order that is promulgated or issued respecting such chemical substance or mixture under section 6 of this Act after that effective date, unless the latter rule or order is with respect to a chemical substance or mixture containing a chemical substance and follows a designation of that chemical substance as a high-priority substance under subsection (b) or (c) of section 4A or as an additional priority for safety assessment and safety determination under section 4A(c).
(e)Preservation of certain laws
(1)Nothing in this Act, subject to subsection (g) of this section, shall— (A)be construed to preempt or otherwise affect the authority of a State or political subdivision of a State to continue to enforce any action taken before August 1, 2015, under the authority of a law of the State or political subdivision of the State that prohibits or otherwise restricts manufacturing, processing, distribution in commerce, use, or disposal of a chemical substance; or
(B)be construed to preempt or otherwise affect any action taken pursuant to a State law that was in effect on August 31, 2003.
(2)This subsection does not affect, modify, or alter the relationship between Federal law and laws of a State or political subdivision of a State pursuant to any other Federal law.
(f)
(1)Upon application of a State or political subdivision of a State, the Administrator may by rule, exempt from subsection (a), under such conditions as may be prescribed in the rule, a statute or administrative action of that State or political subdivision of the State that relates to the effects of, or exposure to, a chemical substance under the conditions of use if the Administrator determines that—
(A)compelling conditions warrant granting the waiver to protect health or the environment;
(B)compliance with the proposed requirement of the State or political subdivision of the State would not unduly burden interstate commerce in the manufacture, processing, distribution in commerce, or use of a chemical substance;
(C)compliance with the proposed requirement of the State or political subdivision of the State would not cause a violation of any applicable Federal law, rule, or order; and
(D)in the judgment of the Administrator, the proposed requirement of the State or political subdivision of the State is designed to address a risk of a chemical substance, under the conditions of use, that was identified—
(i)consistent with the best available science; (ii)using supporting studies conducted in accordance with sound and objective scientific practices; and
(iii)based on the weight of the scientific evidence. (2)Upon application of a State or political subdivision of a State, the Administrator shall exempt from subsection (b) a statute or administrative action of a State or political subdivision of a State that relates to the effects of exposure to a chemical substance under the conditions of use if the Administrator determines that—
(A)compliance with the proposed requirement of the State or political subdivision of the State would not unduly burden interstate commerce in the manufacture, processing, distribution in commerce, or use of a chemical substance;
(B)compliance with the proposed requirement of the State or political subdivision of the State would not cause a violation of any applicable Federal law, rule, or order; and
(C)the State or political subdivision of the State has a concern about the chemical substance or use of the chemical substance based in peer-reviewed science.
(3)Determination of a waiver requestThe duty of the Administrator to grant or deny a waiver application shall be nondelegable and shall be exercised—
(A)not later than 180 days after the date on which an application under paragraph (1) is submitted; and
(B)not later than 110 days after the date on which an application under paragraph (2) is submitted. (4)Failure to make determinationIf the Administrator fails to make a determination under paragraph (3)(B) during the 110-day period beginning on the date on which an application under paragraph (2) is submitted, the statute or administrative action of the State or political subdivision of the State that was the subject of the application shall not be considered to be an existing statute or administrative action for purposes of subsection (b) by reason of the failure of the Administrator to make a determination.
(5)Except in the case of an application approved under paragraph (9), the application of a State or political subdivision of a State shall be subject to public notice and comment.
(6)The decision of the Administrator on the application of a State or political subdivision of a State shall be—
(A)considered to be a final agency action; and (B)subject to judicial review.
(7)A waiver granted under paragraph (2) or approved under paragraph (9) shall remain in effect until such time as the Administrator publishes the safety determination under section 6(a)(4).
(8)Judicial review of waiversNot later than 60 days after the date on which the Administrator makes a determination on an application of a State or political subdivision of a State under paragraph (1) or (2), any person may file a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit, which shall have exclusive jurisdiction over the determination.
(9)
(A)If the Administrator fails to meet the deadline established under paragraph (3)(B), the application of a State or political subdivision of a State under paragraph (2) shall be automatically approved, effective on the date that is 10 days after the deadline.
(B)Notwithstanding paragraph (6), approval of a waiver application under subparagraph (A) for failure to meet the deadline under paragraph (3)(B) shall not be considered final agency action or be subject to judicial review or public notice and comment.
(g)
(1)No preemption of common law or statutory causes of action for civil relief or criminal conduct
(A)Nothing in this Act, nor any amendment made by this Act, nor any safety standard, rule, requirement, standard of performance, safety determination, or scientific assessment implemented pursuant to this Act, shall be construed to preempt, displace, or supplant any state or Federal common law rights or any state or Federal statute creating a remedy for civil relief, including those for civil damage, or a penalty for a criminal conduct.
(B)Clarification of no preemptionNotwithstanding any other provision of this Act, nothing in this Act, nor any amendments made by this Act, shall preempt or preclude any cause of action for personal injury, wrongful death, property damage, or other injury based on negligence, strict liability, products liability, failure to warn, or any other legal theory of liability under any State law, maritime law, or Federal common law or statutory theory.
(2)No effect on private remedies
(A)Nothing in this Act, nor any amendments made by this Act, nor any rules, regulations, requirements, safety assessments, safety determinations, scientific assessments, or orders issued pursuant to this Act shall be interpreted as, in either the plaintiff’s or defendant’s favor, dispositive in any civil action.
(B)This Act does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable State or Federal law with respect to the admission into evidence or any other use of this Act or rules, regulations, requirements, standards of performance, safety assessments, scientific assessments, or orders issued pursuant to this Act..
18.Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is amended— (1)in subsection (a)—
(A)in paragraph (1)— (i)in subparagraph (A)—
(I)in the first sentence— - (aa)by striking
Not
and inserting Except as otherwise provided in this title, not
;
- (bb)by striking
section 4(a), 5(a)(2), 5(b)(4), 6(a), 6(e), or 8, or under title II or IV
and inserting this title or title II or IV, or an order under section 6(c)(1)(A)
; and
- (cc)by striking
judicial review of such rule
and inserting judicial review of such rule or order
; and (II)in the second sentence, by striking such a rule
and inserting such a rule or order
; and
(ii)in subparagraph (B)— (I)by striking Courts
and inserting Except as otherwise provided in this title, courts
; and
(II)by striking an order issued under subparagraph (A) or (B) of section 6(b)(1)
and inserting an order issued under this title
; (B)in paragraph (2), in the second sentence, by striking the filing of the rulemaking record of proceedings on which the Administrator based the rule being reviewed
and inserting the filing of the record of proceedings on which the Administrator based the rule or order being reviewed
; and
(C)by striking paragraph (3) and inserting the following: (3)Judicial review of low-priority decisions (A)Not later than 60 days after the publication of a designation under section 4A(b)(4), or a designation under section 4A(b)(8) of a chemical substance as a low-priority substance, any person may commence a civil action to challenge the designation.
(B)The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over a civil action filed under this paragraph.; and
(2)in subsection (c)(1)(B)— (A)in clause (i)—
(i)by striking section 4(a), 5(b)(4), 6(a), or 6(e)
and inserting section 4(a), 6(d), or 6(g), or an order under section 6(c)(1)(A)
; and (ii)by striking evidence in the rulemaking record (as defined in subsection (a)(3)) taken as a whole;
and inserting evidence (including any matter) in the rulemaking record, taken as a whole; and
; and
(B)by striking clauses (ii) and (iii) and the matter following clause (iii) and inserting the following:
(ii)the court may not review the contents and adequacy of any statement of basis and purpose required by section 553(c) of title 5, United States Code, to be incorporated in the rule, except as part of the rulemaking record, taken as a whole..
19.Section 20 of the Toxic Substances Control Act (15 U.S.C. 2619) is amended— (1)in subsection (a)(1), by striking or order issued under section 5
and inserting or order issued under section 4 or 5
; and
(2)in subsection (b)— (A)in paragraph (1)(B), by striking or
at the end;
(B)in paragraph (2), by striking the period at the end and inserting , except that no prior notification shall be required in the case of a civil action brought to compel a decision by the Administrator pursuant to section 18(f)(3)(B); or
; and
(C)by adding at the end the following: (3)in the case of a civil action brought to compel a decision by the Administrator pursuant to section 18(f)(3)(B), after the date that is 60 days after the deadline specified in section 18(f)(3)(B)..
20.Section 21 of the Toxic Substances Control Act (15 U.S.C. 2620) is amended— (1)in subsection (a), by striking an order under section 5(e) or 6(b)(2)
and inserting an order under section 4 or 5(d)
; and
(2)in subsection (b)— (A)in paragraph (1), by striking an order under section 5(e), 6(b)(1)(A), or 6(b)(1)(B)
and inserting an order under section 4 or 5(d)
; and
(B)in paragraph (4), by striking subparagraph (B) and inserting the following: (B) (i)In an action under subparagraph (A) to initiate a proceeding to issue a rule pursuant to section 4, 5, 6, or 8 or issue an order under section 4 or 5(d), the petitioner shall be provided an opportunity to have the petition considered by the court in a de novo proceeding.
(ii)
(I)The court in a de novo proceeding under this subparagraph shall order the Administrator to initiate the action requested by the petitioner if the petitioner demonstrates to the satisfaction of the court by a preponderance of the evidence that—
- (aa)in the case of a petition to initiate a proceeding for the issuance of a rule or order under section 4, the information is needed for a purpose identified in section 4(a);
- (bb)in the case of a petition to issue an order under section 5(d), the chemical substance is not likely to meet the safety standard;
- (cc)in the case of a petition to initiate a proceeding for the issuance of a rule under section 6(d), the chemical substance does not meet the safety standard; or
- (dd)in the case of a petition to initiate a proceeding for the issuance of a rule under section 8, there is a reasonable basis to conclude that the rule is necessary to protect health or the environment or ensure that the chemical substance meets the safety standard.
(II)The court in a de novo proceeding under this subparagraph may permit the Administrator to defer initiating the action requested by the petitioner until such time as the court prescribes, if the court finds that—
- (aa)the extent of the risk to health or the environment alleged by the petitioner is less than the extent of risks to health or the environment with respect to which the Administrator is taking action under this Act; and
- (bb)there are insufficient resources available to the Administrator to take the action requested by the petitioner.
.
21.Section 24(b)(2)(B)(ii) of the Toxic Substances Control Act (15 U.S.C. 2623(b)(2)(B)(ii)) is amended by striking section 6(c)(3),
and inserting the applicable requirements of this Act;
.
22.Section 25 of the Toxic Substances Control Act (15 U.S.C. 2624) is repealed. 23.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) (1)The Administrator shall establish, not later than 1 year after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, by rule—
(A)the payment of 1 or more reasonable fees as a condition of submitting a notice or requesting an exemption under section 5; and
(B)the payment of 1 or more reasonable fees by a manufacturer or processor that— (i)is required to submit a notice pursuant to the rule promulgated under section 8(b)(4)(A)(i) identifying a chemical substance as active;
(ii)is required to submit a notice pursuant to section 8(b)(5)(B)(i) changing the status of a chemical substance from inactive to active;
(iii)is required to report information pursuant to the rules promulgated under paragraph (1) or (4) of section 8(a); or
(iv)manufactures or processes a chemical substance subject to a safety assessment and safety determination pursuant to section 6.
(2)Utilization and collection of feesThe Administrator shall— (A)utilize the fees collected under paragraph (1) only to defray costs associated with the actions of the Administrator—
(i)to collect, process, review, provide access to, and protect from disclosure (where appropriate) information on chemical substances under this Act;
(ii)to review notices and make determinations for chemical substances under paragraphs (1) and (3) of section 5(d) and impose any necessary restrictions under section 5(d)(4);
(iii)to make prioritization decisions under section 4A; (iv)to conduct and complete safety assessments and determinations under section 6; and
(v)to conduct any necessary rulemaking pursuant to section 6(d); (B)insofar as possible, collect the fees described in paragraph (1) in advance of conducting any fee-supported activity;
(C)deposit the fees in the Fund established by paragraph (4)(A); and (D)insofar as possible, not collect excess fees or retain a significant amount of unused fees.
(3)Amount and adjustment of fees; refundsIn setting fees under this section, the Administrator shall— (A)prescribe lower fees for small business concerns, after consultation with the Administrator of the Small Business Administration;
(B)set the fees established under paragraph (1) at levels such that the fees will, in aggregate, provide a sustainable source of funds to annually defray—
(i)the lower of— (I)25 percent of the costs of conducting the activities identified in paragraph (2)(A), other than the costs to conduct and complete safety assessments and determinations under section 6 for chemical substances identified pursuant to section 4A(c); or
(II)$25,000,000 (subject to adjustment pursuant to subparagraph (F)); and (ii)the full costs and the 50-percent portion of the costs of safety assessments and safety determinations specified in subparagraph (D);
(C)reflect an appropriate balance in the assessment of fees between manufacturers and processors, and allow the payment of fees by consortia of manufacturers or processors;
(D)notwithstanding subparagraph (B) and paragraph (4)(D)— (i)for substances designated pursuant to section 4A(c)(1), establish the fee at a level sufficient to defray the full annual costs to the Administrator of conducting the safety assessment and safety determination under section 6; and
(ii)for substances designated pursuant to section 4A(c)(3), establish the fee at a level sufficient to defray 50 percent of the annual costs to the Administrator of conducting the safety assessment and safety determination under section 6;
(E)prior to the establishment or amendment of any fees under paragraph (1), consult and meet with parties potentially subject to the fees or their representatives, subject to the condition that no obligation under the Federal Advisory Committee Act (5 U.S.C. App.) or subchapter III of chapter 5 of title 5, United States Code, is applicable with respect to such meetings;
(F)beginning with the fiscal year that is 3 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and every 3 years thereafter, after consultation with parties potentially subject to the fees and their representatives pursuant to subparagraph (E), increase or decrease the fees established under paragraph (1) as necessary to adjust for inflation and to ensure, based on the audit analysis required under paragraph (5)(B), that funds deposited in the Fund are sufficient to defray—
(i)approximately but not more than 25 percent of the annual costs to conduct the activities identified in paragraph (2)(A), other than the costs to conduct and complete safety assessments and determinations under section 6 for chemical substances identified pursuant to section 4A(c); and
(ii)the full annual costs and the 50-percent portion of the annual costs of safety assessments and safety determinations specified in subparagraph (D);
(G)adjust fees established under paragraph (1) as necessary to vary on account of differing circumstances, including reduced fees or waivers in appropriate circumstances, to reduce the burden on manufacturing or processing, remove barriers to innovation, or where the costs to the Administrator of collecting the fees exceed the fee revenue anticipated to be collected; and
(H)if a notice submitted under section 5 is refused or subsequently withdrawn, refund the fee or a portion of the fee if no substantial work was performed on the notice.
(4)
(A)There is established in the Treasury of the United States a fund, to be known as the TSCA Implementation Fund
(referred to in this subsection as the Fund), consisting of— (i)such amounts as are deposited in the Fund under paragraph (2)(C); and
(ii)any interest earned on the investment of amounts in the Fund; and (iii)any proceeds from the sale or redemption of investments held in the Fund.
(B)Crediting and availability of fees
(i)Fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts, and shall be available without fiscal year limitation.
(ii)Fees collected under this section shall not— (I)be made available or obligated for any purpose other than to defray the costs of conducting the activities identified in paragraph (2)(A);
(II)otherwise be available for any purpose other than implementation of this Act; and (III)so long as amounts in the Fund remain available, be subject to restrictions on expenditures applicable to the Federal government as a whole.
(C)Amounts in the Fund not currently needed to carry out this subsection shall be— (i)maintained readily available or on deposit;
(ii)invested in obligations of the United States or guaranteed by the United States; or (iii)invested in obligations, participations, or other instruments that are lawful investments for fiduciary, trust, or public funds.
(D)Minimum amount of appropriationsFees may not be assessed for a fiscal year under this section unless the amount of appropriations for the Chemical Risk Review and Reduction program project of the Environmental Protection Agency for the fiscal year (excluding the amount of any fees appropriated for the fiscal year) are equal to or greater than the amount of appropriations for that program project for fiscal year 2014.
(5)
(A)Financial statements of agenciesFor the purpose of section 3515(c) of title 31, United States Code, the Fund shall be considered a component of an executive agency.
(B)The annual audit required under sections 3515(b) and 3521 of that title of the financial statements of activities under this subsection shall include an analysis of—
(i)the fees collected under paragraph (1) and disbursed; (ii)compliance with the deadlines established in section 6 of this Act;
(iii)the amounts budgeted, appropriated, collected from fees, and disbursed to meet the requirements of sections 4, 4A, 5, 6, 8, and 14, including the allocation of full time equivalent employees to each such section or activity; and
(iv)the reasonableness of the allocation of the overhead associated with the conduct of the activities described in paragraph (2)(A).
(C)The Inspector General of the Environmental Protection Agency shall— (i)conduct the annual audit required under this subsection; and
(ii)report the findings and recommendations of the audit to the Administrator and to the appropriate committees of Congress.
(6)The authority provided by this section shall terminate at the conclusion of the fiscal year that is 10 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, unless otherwise reauthorized or modified by Congress.;
(2)in subsection (e), by striking Health, Education, and Welfare
each place it appears and inserting Health and Human Services
; and (3)adding at the end the following:
(h)Nothing in this Act eliminates, modifies, or withdraws any rule promulgated, order issued, or exemption established pursuant to this Act before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act..
24.Development and evaluation of test methods and sustainable chemistry
(a)Section 27 of the Toxic Substances Control Act (15 U.S.C. 2626) is amended— (1)in subsection (a), in the first sentence by striking Health, Education, and Welfare
and inserting Health and Human Services
; and
(2)by adding at the end the following: (c)National coordinating entity for sustainable chemistry (1)Not later than 180 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Director of the Office of Science and Technology Policy shall convene an entity under the National Science and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry, including, as appropriate, at the National Science Foundation, the Department of Energy, the Department of Agriculture, the Environmental Protection Agency, the National Institute of Standards and Technology, the Department of Defense, the National Institutes of Health, and other related Federal agencies.
(2)The entity described in paragraph (1) shall be chaired by the Director of the National Science Foundation and the Assistant Administrator for the Office of Research and Development of the Environmental Protection Agency, or their designees.
(3)
(A)The entity described in paragraph (1) shall— (i)develop a working definition of sustainable chemistry, after seeking advice and input from stakeholders as described in clause (v);
(ii)oversee the planning, management, and coordination of the Sustainable Chemistry Initiative described in subsection (d);
(iii)develop a national strategy for sustainable chemistry as described in subsection (f); (iv)develop an implementation plan for sustainable chemistry as described in subsection (g); and
(v)consult and coordinate with stakeholders qualified to provide advice and information on the development of the initiative, national strategy, and implementation plan for sustainable chemistry, at least once per year, to carry out activities that may include workshops, requests for information, and other efforts as necessary.
(B)The stakeholders described in subparagraph (A)(v) shall include representatives from— (i)industry (including small- and medium-sized enterprises from across the value chain);
(ii)the scientific community (including the National Academy of Sciences, scientific professional societies, and academia);
(iii)the defense community; (iv)State, tribal, and local governments;
(v)State or regional sustainable chemistry programs; (vi)nongovernmental organizations; and
(vii)other appropriate organizations. (4) (A)On completion of the national strategy and accompanying implementation plan for sustainable chemistry as described in paragraph (3), the Director of the Office of Science and Technology Policy—
(i)shall review the need for further work; and (ii)may disband the entity described in paragraph (1) if no further efforts are determined to be necessary.
(B)The Director of the Office of Science and Technology Policy shall provide notice and justification, including an analysis of options to establish the Sustainable Chemistry Initiative described in subsection (d) and the partnerships described in subsection (e) within 1 or more appropriate Federal agencies, regarding a decision to disband the entity not less than 90 days prior to the termination date to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate.
(d)Sustainable Chemistry InitiativeThe entity described in subsection (c)(1) shall oversee the establishment of an interagency Sustainable Chemistry Initiative to promote and coordinate activities designed—
(1)to provide sustained support for sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training through—
(A)coordination and promotion of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal and national laboratories and Federal agencies and at public and private institutions of higher education; and
(B)to the extent practicable, encouragement of consideration of sustainable chemistry in, as appropriate—
(i)the conduct of Federal, State, and private science and engineering research and development; and (ii)the solicitation and evaluation of applicable proposals for science and engineering research and development;
(2)to examine methods by which the Federal Government can offer incentives for consideration and use of sustainable chemistry processes and products that encourage competition and overcoming market barriers, including grants, loans, loan guarantees, and innovative financing mechanisms;
(3)to expand the education and training of undergraduate and graduate students and professional scientists and engineers, including through partnerships with industry as described in subsection (e), in sustainable chemistry science and engineering;
(4)to collect and disseminate information on sustainable chemistry research, development, and technology transfer, including information on—
(A)incentives and impediments to development, manufacturing, and commercialization; (B)accomplishments;
(C)best practices; and (D)costs and benefits; and
(5)to support (including through technical assistance, participation, financial support, or other forms of support) economic, legal, and other appropriate social science research to identify barriers to commercialization and methods to advance commercialization of sustainable chemistry.
(e)Partnerships in sustainable chemistry
(1)The entity described in subsection (c)(1), itself or through an appropriate subgroup designated or established by the entity, shall work through the agencies described in subsection (c)(1) to support, through financial, technical, or other assistance, the establishment of partnerships between institutions of higher education, nongovernmental organizations, consortia, and companies across the value chain in the chemical industry, including small- and medium-sized enterprises—
(A)to establish collaborative research, development, demonstration, technology transfer, and commercialization programs; and
(B)to train students and retrain professional scientists and engineers in the use of sustainable chemistry concepts and strategies by methods including—
(i)developing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists and engineers; and
(ii)publicizing the availability of professional development courses in sustainable chemistry and recruiting scientists and engineers to pursue those courses.
(2)To be eligible for support under this section, a partnership in sustainable chemistry shall include at least 1 private sector entity.
(3)Selection of partnershipsIn selecting partnerships for support under this section, the entity and the agencies described in subsection (c)(1) shall also consider the extent to which the applicants are willing and able to demonstrate evidence of support for, and commitment—
(A)to achieving the goals of the Sustainable Chemistry Initiative described in subsection (d); and (B)to sustaining any new innovations, tools, and resources generated from funding under the program.
(4)Financial support provided under this section may not be used— (A)to support or expand a regulatory chemical management program at an implementing agency under a State law; or
(B)to construct or renovate a building or structure. (f)National strategy to Congress (1)Not later than 2 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the entity described in subsection (c)(1) shall submit to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate, a national strategy that shall include—
(A)a summary of federally funded sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;
(B)a summary of the financial resources allocated to sustainable chemistry initiatives; (C)an analysis of the progress made toward achieving the goals and priorities of the Sustainable Chemistry Initiative described in subsection (d), and recommendations for future initiative activities, including consideration of options to establish the Sustainable Chemistry Initiative and the partnerships described in subsection (e) within 1 or more appropriate Federal agencies;
(D)an assessment of the benefits of expanding existing, federally supported regional innovation and manufacturing hubs to include sustainable chemistry and the value of directing the establishment of 1 or more dedicated sustainable chemistry centers of excellence or hubs;
(E)an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices between participating agencies in the Sustainable Chemistry Initiative; and
(F)a framework for advancing sustainable chemistry research, development, technology transfer, commercialization, and education and training.
(2)The entity described in subsection (c)(1) shall submit the national strategy described in paragraph (1) to the Government Accountability Office for consideration in future Congressional inquiries.
(g)Not later than 3 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the entity described in subsection (c)(1) shall submit to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate, an implementation plan, based on the findings of the national strategy and other assessments, as appropriate, for sustainable chemistry..
(b)Sustainable chemistry basic researchSubject to the availability of appropriated funds, the Director of the National Science Foundation shall continue to carry out the Green Chemistry Basic Research program authorized under section 509 of the National Science Foundation Authorization Act of 2010 (42 U.S.C. 1862p–3).
25.Section 28 of the Toxic Substances Control Act (15 U.S.C. 2627) is amended— (1)in subsection (b)(1)—
(A)in subparagraphs (A) through (D), by striking the comma at the end of each subparagraph and inserting a semicolon; and
(B)in subparagraph (E), by striking , and
and inserting ; and
; and (2)by striking subsections (c) and (d).
26.Authorization of appropriationsSection 29 of the Toxic Substances Control Act (15 U.S.C. 2628) is repealed. 27.Section 30 of the Toxic Substances Control Act (15 U.S.C. 2629) is amended by striking paragraph (2) and inserting the following:
(2)(A)the number of notices received during each year under section 5; and (B)the number of the notices described in subparagraph (A) for chemical substances subject to a rule, testing consent agreement, or order under section 4;.
28.Section 31 of the Toxic Substances Control Act (15 U.S.C. 2601 note; Public Law 94–469) is amended— (1)by striking Except as provided in section 4(f), this
and inserting the following:
(a)This; and (2)by adding at the end the following:
(b)Retroactive applicabilityNothing in this Act shall be interpreted to apply retroactively to any State, Federal, or maritime legal action commenced prior to the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act..
29.
(a)Temporary generator accumulationSection 5 of the Mercury Export Ban Act of 2008 (42 U.S.C. 6939f) is amended— (1)in subsection (a)(2), by striking 2013
and inserting 2019
;
(2)in subsection (b)— (A)in paragraph (1)—
(i)by redesignating subparagraphs (A), (B), and (C), as clauses (i), (ii), and (iii), respectively and indenting appropriately;
(ii)in the first sentence, by striking After consultation
and inserting the following: (A)Assessment and collectionAfter consultation;
(iii)in the second sentence, by striking The amount of such fees
and inserting the following: (B)The amount of the fees described in subparagraph (A);
(iv)in subparagraph (B) (as so designated)— (I)in clause (i) (as so redesignated), by striking publically available not later than October 1, 2012
and inserting publicly available not later than October 1, 2018
;
(II)in clause (ii) (as so redesignated), by striking and
; (III)in clause (iii) (as so redesignated), by striking the period at the end and inserting , subject to clause (iv); and
; and
(IV)by adding at the end the following: (iv)for generators temporarily accumulating elemental mercury in a facility subject to subparagraphs (B) and (D)(iv) of subsection (g)(2) if the facility designated in subsection (a) is not operational by January 1, 2019, shall be adjusted to subtract the cost of the temporary accumulation during the period in which the facility designated under subsection (a) is not operational.; and
(v)by adding at the end the following: (C)Conveyance of title and permittingIf the facility designated in subsection (a) is not operational by January 1, 2020, the Secretary—
(i)shall immediately accept the conveyance of title to all elemental mercury that has accumulated in facilities in accordance with subsection (g)(2)(D), before January 1, 2020, and deliver the accumulated mercury to the facility designated under subsection (a) on the date on which the facility becomes operational;
(ii)shall pay any applicable Federal permitting costs, including the costs for permits issued under section 3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c)); and
(iii)shall store, or pay the cost of storage of, until the time at which a facility designated in subsection (a) is operational, accumulated mercury to which the Secretary has title under this subparagraph in a facility that has been issued a permit under section 3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c)).; and
(B)in paragraph (2), in the first sentence, by striking paragraph (1)(C)
and inserting paragraph (1)(B)(iii)
; and (3)in subsection (g)(2)—
(A)in the undesignated material at the end, by striking This subparagraph
and inserting the following: (C)Subparagraph (B);
(B)in subparagraph (C) (as added by paragraph (1)), by inserting of that subparagraph
before the period at the end; and (C)by adding at the end the following:
(D)A generator producing elemental mercury incidentally from the beneficiation or processing of ore or related pollution control activities, may accumulate the mercury produced onsite that is destined for a facility designated by the Secretary under subsection (a), for more than 90 days without a permit issued under section 3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c)), and shall not be subject to the storage prohibition of section 3004(j) of that Act (42 U.S.C. 6924(j)), if—
(i)the Secretary is unable to accept the mercury at a facility designated by the Secretary under subsection (a) for reasons beyond the control of the generator;
(ii)the generator certifies in writing to the Secretary that the generator will ship the mercury to a designated facility when the Secretary is able to accept the mercury;
(iii)the generator certifies in writing to the Secretary that the generator is storing only mercury the generator has produced or recovered onsite and will not sell, or otherwise place into commerce, the mercury; and
(iv)the generator has obtained an identification number under section 262.12 of title 40, Code of Federal Regulations, and complies with the requirements described in paragraphs (1) through (4) of section 262.34(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph).
(E)Management standards for temporary storageNot later than January 1, 2017, the Secretary, after consultation with the Administrator of the Environmental Protection Agency and State agencies in affected States, shall develop and make available guidance that establishes procedures and standards for the management and short-term storage of elemental mercury at a generator covered under subparagraph (D), including requirements to ensure appropriate use of flasks or other suitable containers. Such procedures and standards shall be protective of human health and the environment and shall ensure that the elemental mercury is stored in a safe, secure, and effective manner. A generator may accumulate mercury in accordance with subparagraph (D) immediately upon enactment of this Act, and notwithstanding that guidance called for by this paragraph (E) has not been developed or made available..
(b)Section 5(d)(1) of the Mercury Export Ban Act of 2008 (42 U.S.C. 6939f(d)(1)) is amended— (1)in the fourth sentence, by striking in existence on or before January 1, 2013,
; and
(2)in the last sentence, by striking January 1, 2015
and inserting January 1, 2020
. (c)Section 8(b) of the Toxic Substances Control Act (15 U.S.C. 2607(b)) (as amended by section 10(2)) is amended by adding at the end the following:
(10)
(A)In this paragraph, notwithstanding section 3(2)(B), the term mercury means— (i)elemental mercury; and
(ii)a mercury compound. (B)Not later than April 1, 2017, and every 3 years thereafter, the Administrator shall publish in the Federal Register an inventory of mercury supply, use, and trade in the United States.
(C)In carrying out the inventory under subparagraph (B), the Administrator shall— (i)identify any remaining manufacturing processes or products that intentionally add mercury; and
(ii)recommend actions, including proposed revisions of Federal law (including regulations), to achieve further reductions in mercury use.
(D)
(i)To assist in the preparation of the inventory under subparagraph (B), any person who manufactures mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing process shall make periodic reports to the Administrator, at such time and including such information as the Administrator shall determine by rule promulgated not later than 2 years after the date of enactment of this paragraph.
(ii)To avoid duplication, the Administrator shall coordinate the reporting under this subparagraph with the Interstate Mercury Education and Reduction Clearinghouse.
(iii)This subparagraph shall not apply to a person engaged in the generation, handling, or management of mercury-containing waste, unless that person manufactures or recovers mercury in the management of that waste..
(d)Prohibition on export of certain mercury compoundsSection 12(c) of the Toxic Substances Control Act (15 U.S.C. 2611(c)) (as amended by section 13(3)) is amended—
(1)in the subsection heading, by inserting and mercury compounds
after mercury
; and (2)by inserting after paragraph (2) the following:
(3)Prohibition on export of certain mercury compounds
(A)Effective January 1, 2020, the export of the following mercury compounds is prohibited: (i)Mercury (I) chloride or calomel.
(ii)Mercury (II) oxide. (iii)Mercury (II) sulfate.
(iv)Mercury (II) nitrate. (v)Cinnabar or mercury sulphide.
(vi)Any mercury compound that the Administrator, at the discretion of the Administrator, adds to the list by rule, on determining that exporting that mercury compound for the purpose of regenerating elemental mercury is technically feasible.
(B)Not later than 90 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and as appropriate thereafter, the Administrator shall publish in the Federal Register a list of the mercury compounds that are prohibited from export under this paragraph.
(C)Any person may petition the Administrator to add to the list of mercury compounds prohibited from export.
(D)Environmentally sound disposalThis paragraph does not prohibit the export of mercury (I) chloride or calomel for environmentally sound disposal to member countries of the Organization for Economic Cooperation and Development, on the condition that no mercury or mercury compounds are to be recovered, recycled, or reclaimed for use, or directly reused.
(E)Not later than 5 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator shall evaluate any exports of calomel for disposal that occurred since that date of enactment and shall submit to Congress a report that contains the following:
(i)volumes and sources of calomel exported for disposal; (ii)receiving countries of such exports;
(iii)methods of disposal used; (iv)issues, if any, presented by the export of calomel;
(v)evaluation of calomel management options in the United States, if any, that are commercially available and comparable in cost and efficacy to methods being utilized in the receiving countries; and
(vi)a recommendation regarding whether Congress should further limit or prohibit the export of calomel for disposal.
(F)Nothing in this paragraph shall be construed to affect the authority of the Administrator under Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)..
30.
(a)The purposes of this section are— (1)to provide the appropriate Federal agencies with the authority to help conduct investigations into potential cancer clusters;
(2)to ensure that Federal agencies have the authority to undertake actions to help address cancer clusters and factors that may contribute to the creation of potential cancer clusters; and
(3)to enable Federal agencies to coordinate with other Federal, State, and local agencies, institutes of higher education, and the public in investigating and addressing cancer clusters.
(b)Designation and investigation of potential cancer clustersPart P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:
399V–6.Designation and investigation of potential cancer clusters
(a)In this section: (1)The term cancer cluster means the incidence of a particular cancer within a population group, a geographical area, or a period of time that is greater than expected for such group, area, or period.
(2)The term particular cancer means one specific type of cancer or a type of cancers scientifically proven to have the same cause.
(3)The term population group means a group, for purposes of calculating cancer rates, defined by factors such as race, ethnicity, age, or gender.
(b)Criteria for designation of potential cancer clusters
(1)The Secretary shall develop criteria for the designation of potential cancer clusters. (2)The criteria developed under paragraph (1) shall consider, as appropriate—
(A)a standard for cancer cluster identification and reporting protocols used to determine when cancer incidence is greater than would be typically observed;
(B)scientific screening standards that ensure that a cluster of a particular cancer involves the same type of cancer, or types of cancers;
(C)the population in which the cluster of a particular cancer occurs by factors such as race, ethnicity, age, and gender, for purposes of calculating cancer rates;
(D)the boundaries of a geographic area in which a cluster of a particular cancer occurs so as not to create or obscure a potential cluster by selection of a specific area; and
(E)the time period over which the number of cases of a particular cancer, or the calculation of an expected number of cases, occurs.
(c)Guidelines for investigation of potential cancer clustersThe Secretary, in consultation with the Council of State and Territorial Epidemiologists and representatives of State and local health departments, shall develop, publish, and periodically update guidelines for investigating potential cancer clusters. The guidelines shall—
(1)require that investigations of cancer clusters— (A)use the criteria developed under subsection (b);
(B)use the best available science; and (C)rely on a weight of the scientific evidence;
(2)provide standardized methods of reviewing and categorizing data, including from health surveillance systems and reports of potential cancer clusters; and
(3)provide guidance for using appropriate epidemiological and other approaches for investigations. (d)Investigation of cancer clusters (1)The Secretary—
(A)in consultation with representatives of the relevant State and local health departments, shall consider whether it is appropriate to conduct an investigation of a potential cancer cluster; and
(B)in conducting investigations shall have the discretion to prioritize certain potential cancer clusters, based on the availability of resources.
(2)In investigating potential cancer clusters, the Secretary shall coordinate with agencies within the Department of Health and Human Services and other Federal agencies, such as the Environmental Protection Agency.
(3)In investigating potential cancer clusters, the Secretary shall rely on all appropriate biomonitoring information collected under other Federal programs, such as the National Health and Nutrition Examination Survey. The Secretary may provide technical assistance for relevant biomonitoring studies of other Federal agencies.
(e)The Secretary shall— (1)ensure that appropriate staff of agencies within the Department of Health and Human Services are prepared to provide timely assistance, to the extent practicable, upon receiving a request to investigate a potential cancer cluster from a State or local health authority;
(2)maintain staff expertise in epidemiology, toxicology, data analysis, environmental health and cancer surveillance, exposure assessment, pediatric health, pollution control, community outreach, health education, laboratory sampling and analysis, spatial mapping, and informatics;
(3)consult with community members as investigations into potential cancer clusters are conducted, as the Secretary determines appropriate;
(4)collect, store, and disseminate reports on investigations of potential cancer clusters, the possible causes of such clusters, and the actions taken to address such clusters; and
(5)provide technical assistance for investigating cancer clusters to State and local health departments through existing programs, such as the Epi-Aids program of the Centers for Disease Control and Prevention and the Assessments of Chemical Exposures program of the Agency for Toxic Substances and Disease Registry..Secretary