[Senate Report 112-264]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 578
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-264

======================================================================



 
                       SAFE CHEMICALS ACT OF 2011

                                _______
                                

               December 27, 2012.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 847]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 847) to amend the Toxic Substances 
Control Act to ensure that risks from chemicals are adequately 
understood and managed, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.

                      Purposes of the Legislation

    To amend the Toxic Substances Control Act (42 U.S.C. 2601 
et seq.) to enhance protections for public health and to better 
safeguard environmental quality by ensuring that risks from 
toxic chemicals are adequately understood and managed, and for 
other purposes.

                    General Statement and Background


Summary

    The Safe Chemicals Act (S. 847) would give the 
Environmental Protection Agency (EPA) several new tools to 
address chemical substances and mixtures in commerce, 
including:
           Requiring manufacturers to develop and 
        submit safety data for each chemical they produce, 
        while avoiding duplicative or unnecessary testing;
           Prioritizing chemicals based on risk, so 
        that the EPA can focus its resources on evaluating 
        those chemicals that are most likely to cause harm 
        while also working through the backlog of untested 
        existing chemicals;
           Placing the burden of proof on chemical 
        manufacturers to demonstrate the safety of their 
        chemicals;
           Restricting uses of chemicals that cannot be 
        proven safe;
           Establishing a public database to catalog 
        the information submitted by chemical manufacturers and 
        contained in the EPA's safety determinations;
           Promoting innovation in research and the 
        development of safer chemical alternatives; and
           Encouraging new, safe chemicals onto the 
        market using an expedited review process.

Need for the Safe Chemicals Act of 2011

    President Ford signed TSCA into law in 1976, and since then 
Congress has added three chemical-specific titles on asbestos, 
indoor radon, and lead. TSCA regulates the manufacture, 
importation, and processing of chemicals. TSCA does not 
regulate some types of chemical substances, such as pesticides, 
tobacco, and nuclear materials.
    TSCA gives EPA authority to compile an inventory of 
existing chemical substances, known as the TSCA Chemical 
Substance Inventory (Inventory). The data was submitted from 
1975-1978 and the first list was published in 1979 
(approximately 55,000 chemicals were in commerce). Currently, 
the Inventory lists more than 84,000 chemical substances. The 
listing is based solely on whether substances were or are 
available for sale and use in the U.S. The list grows as new 
chemicals enter the marketplace.
    The EPA's ability to use TSCA has been impacted by a 1991 
court decision that requires the Agency to prove that each 
individual use of a chemical presents an unreasonable risk and 
EPA's proposed action is the least burdensome option to address 
such risks before EPA can restrict each such use. Corrosion 
Proof Fittings v. EPA, 947 F.2d 1201 (1991).
    The Government Accountability Office (GAO) has conducted a 
number of investigations on the EPA's risk assessments and 
toxic substances policies in the last few years. Such GAO 
investigations have included: ``Toxic Substances Control Act: 
Legislative Changes Could Make the Act More Effective'' (1994); 
``Chemical Regulation: Options Exist to Improve EPA's Ability 
to Assess Health Risks and Manage Its Chemical Review Program'' 
(2005); ``Chemical Regulation: Approaches in the United States, 
Canada, and the European Union'' (2005); ``Chemical Regulation: 
Comparison of U.S. and Recently Enacted European Union 
Approaches to Protect Against the Risks of Toxic Chemicals'' 
(2007); and ``Chemical Assessments, Low Productivity and New 
Interagency Review Process Limit the Usefulness and Credibility 
of EPA's Integrated Risk Information System'' (2008).
    In January 2009, GAO placed EPA's chemical management 
program on its list of ``high risk'' programs. GAO, High Risk 
Series: An Update (2009). The GAO determined that the program 
is a major management challenge for EPA using the following 
description:
    Transforming EPA's processes for assessing and controlling 
toxic chemicals. EPA has failed to develop sufficient chemical 
assessment information to limit public exposure to many 
chemicals that may pose substantial health risks. In January 
2009, GAO added a new issue--the need to transform EPA's 
process for assessing and controlling toxic chemicals--to its 
list of high-risk areas warranting increased attention by 
Congress and the executive branch.

Principles of TSCA Reform

    There are a series of principles on reforming the Toxic 
Substances Control Act (TSCA), from the EPA, various States, 
and a national chemical industry association.

EPA principles of TSCA reform

    On September 29, 2009, EPA Administrator Lisa Jackson 
released principles for chemical management legislation to help 
inform Congressional efforts to reauthorize and strengthen 
TSCA's effectiveness. The Agency's principles state:
    The U.S. Environmental Protection Agency (EPA) is committed 
to working with the Congress, members of the public, the 
environmental community, and the chemical industry to 
reauthorize the Toxic Substances Control Act (TSCA). The 
Administration believes it is important to work together to 
quickly modernize and strengthen the tools available in TSCA to 
increase confidence that chemicals used in commerce, which are 
vital to our Nation's economy, are safe and do not endanger the 
public health and welfare of consumers, workers, and especially 
sensitive sub-populations such as children, or the environment.
    The following Essential Principles for Reform of Chemicals 
Management Legislation (Principles) are provided to help inform 
efforts under way in this Congress to reauthorize and 
significantly strengthen the effectiveness of TSCA. These 
Principles present Administration goals for updated legislation 
that will give EPA the mechanisms and authorities to 
expeditiously target chemicals of concern and promptly assess 
and regulate new and existing chemicals.

Principle No. 1: Chemicals should be reviewed against safety standards 
        that are based on sound science and reflect risk-based criteria 
        protective of human health and the environment

    EPA should have clear authority to establish safety 
standards that are based on scientific risk assessments. Sound 
science should be the basis for the assessment of chemical 
risks, while recognizing the need to assess and manage risk in 
the face of uncertainty.

Principle No. 2: Manufacturers should provide EPA with the necessary 
        information to conclude that new and existing chemicals are 
        safe and do not endanger public health or the environment

    Manufacturers should be required to provide sufficient 
hazard, exposure, and use data for a chemical to support a 
determination by the Agency that the chemical meets the safety 
standard. Exposure and hazard assessments from manufacturers 
should be required to include a thorough review of the 
chemical's risks to sensitive subpopulations.
    Where manufacturers do not submit sufficient information, 
EPA should have the necessary authority and tools, such as data 
call in, to quickly and efficiently require testing or obtain 
other information from manufacturers that is relevant to 
determining the safety of chemicals. EPA should also be 
provided the necessary authority to efficiently follow up on 
chemicals which have been previously assessed (e.g., requiring 
additional data or testing, or taking action to reduce risk) if 
there is a change which may affect safety, such as increased 
production volume, new uses or new information on potential 
hazards or exposures. EPA's authority to require submission of 
use and exposure information should extend to downstream 
processors and users of chemicals.

Principle No. 3: Risk management decisions should take into account 
        sensitive subpopulations, cost, availability of substitutes and 
        other relevant considerations

    EPA should have clear authority to take risk management 
actions when chemicals do not meet the safety standard, with 
flexibility to take into account a range of considerations, 
including children's health, economic costs, social benefits, 
and equity concerns.

Principle No. 4: Manufacturers and EPA should assess and act on 
        priority chemicals, both existing and new, in a timely manner

    EPA should have authority to set priorities for conducting 
safety reviews on existing chemicals based on relevant risk and 
exposure considerations. Clear, enforceable and practicable 
deadlines applicable to the Agency and industry should be set 
for completion of chemical reviews, in particular those that 
might impact sensitive sub-populations.

Principle No. 5: Green chemistry should be encouraged and provisions 
        assuring transparency and public access to information should 
        be strengthened

    The design of safer and more sustainable chemicals, 
processes, and products should be encouraged and supported 
through research, education, recognition, and other means. The 
goal of these efforts should be to increase the design, 
manufacture, and use of lower risk, more energy efficient and 
sustainable chemical products and processes.
    TSCA reform should include stricter requirements for a 
manufacturer's claim of Confidential Business Information 
(CBI). Manufacturers should be required to substantiate their 
claims of confidentiality. Data relevant to health and safety 
should not be claimed or otherwise treated as CBI. EPA should 
be able to negotiate with other governments (local, state, and 
foreign) on appropriate sharing of CBI with the necessary 
protections, when necessary to protect public health and 
safety.

Principle No. 6: EPA should be given a sustained source of funding for 
        implementation

    Implementation of the law should be adequately and 
consistently funded, in order to meet the goal of assuring the 
safety of chemicals, and to maintain public confidence that EPA 
is meeting that goal. To that end, manufacturers of chemicals 
should support the costs of Agency implementation, including 
the review of information provided by manufacturers.

Senator Inhofe's principles of TSCA reform

    Senator Inhofe has also stated his fundamental principle 
for reforming TSCA. These principles are:
     Use data and methods based on the best available 
science and risk-based assessment.
     Include cost/benefit considerations for the 
private-sector and consumers.
     Protect proprietary business information, as well 
as information that should be protected for security reasons.
     Prioritize reviews for existing chemicals.
     Does not include any provision that encourages 
litigation or citizen suits.
     Does not include any provision that compels 
product substitution.

Selected State Principles of TSCA Reform

    Several states have also demonstrated an interest in 
reforming TSCA. The States of California, New Hampshire, 
Connecticut, New Jersey, Illinois, New York, Maine, Oregon, 
Maryland, Vermont, Massachusetts, Washington, and Michigan 
issued a set of principles on the reform of TSCA. These 
principles state:
    Require Chemical Data Reporting. Chemical and product 
manufacturers should be required to develop and provide 
chemical health and safety information, as well as exposure and 
use data, including the presence of toxic chemicals in products 
and the associated chemical hazards and risks, to regulators, 
businesses, and the public.
    Demonstrate Chemicals and Products Are Safe. Manufacturers 
should provide the necessary information to regulators to 
conclude that new and existing chemicals and products in 
commerce are safe and do not endanger the public or the 
environment. The public has a right to expect that the products 
they use are safe.
    Prioritize Chemicals of Concern. Government should identify 
and prioritize chemicals of concern in order to regulate the 
most problematic chemicals in commerce, and have the authority 
to take timely action to protect people and the environment. 
Sufficient resources should be made available to support these 
actions.
    Protect the Most Vulnerable. Chemical regulation should be 
designed to protect the most vulnerable, including pregnant 
women and children.
    Promote Safer Chemicals and Products. Based on green 
chemistry principles, manufacturers should be required to 
assess and identify safer alternatives to problematic chemicals 
of concern. Government should establish protocols for 
evaluating potential alternatives to chemicals of concern.
    Address Emerging Contaminants. Emerging chemicals of 
concern, including nanoscale materials, need to be assessed for 
public and environmental safety before they go into widespread 
commerce and use.
    Strengthen Federal Law & Preserve States' Rights. States 
acknowledge the need for a strong federal chemical regulation 
system, while expressly preserving the authority of state and 
localities to implement measures to manage chemicals of 
concern.
    Fund State Programs. Effective state-federal governance 
should enhance the role of states in TSCA implementation, 
promote data and information sharing, and provide sustained 
funding for state programs. The states are in a unique position 
to provide innovative, cost-effective solutions for chemicals 
of concern prioritization, interstate data sharing, and safer 
chemical alternatives assessments.

Industry Association's Principles on TSCA Reform

    The American Chemistry Council has also issued ``10 
Principles for Modernizing TSCA.'' These principles state:
    The American Chemistry Council and its members support 
Congress' effort to modernize our nation's chemical management 
system. Such a system should place protecting the public health 
as its highest priority, and should include strict government 
oversight. It should also preserve America's role as the 
world's leading innovator and employer in the creation of safe 
and environmentally sound technologies and products of the 
business of chemistry.
    The current chemical management law, the Toxic Substances 
Control Act (TSCA), is more than 30 years old. It should be 
modernized to keep pace with advances in science and 
technology. Moreover, the law must provide the Environmental 
Protection Agency with the resources and the authority to do 
its job effectively.
    We have previously offered general concepts on which to 
base a modern chemical management system. This document expands 
upon those concepts and begins to provide more detail, which we 
hope will be useful to policy makers. We will continue to 
refine the details of our principles for modernizing TSCA and 
are committed to working with all stakeholders toward enactment 
of effective legislation.
    1. Chemicals should be safe for their intended use.
     Ensuring chemical safety is a shared 
responsibility of industry and EPA.
     Industry should have the responsibility for 
providing sufficient information for EPA to make timely 
decisions about safety.
     EPA should have the responsibility for making safe 
use determinations for high priority chemicals, focusing on 
their most significant uses and exposures.
     Safe use determinations should integrate hazard, 
use, and exposure information, and incorporate appropriate 
safety factors.
     Consideration of the benefits of chemicals being 
evaluated, the cost of methods to control their risks, and the 
benefits and costs of alternatives should be part of EPA's risk 
management decision making, but should not be part of its safe 
use determinations.
     Other agencies, such as FDA and CPSC, should 
continue to make safety decisions for products within their own 
jurisdictions.
    2. EPA should systematically prioritize chemicals for 
purposes of safe use determinations.
     Government and industry resources should be 
focused on chemicals of highest concern.
     The priorities should reflect considerations such 
as the volume of a chemical in commerce; its uses, including 
whether it is formulated in products for children; its 
detection in biomonitoring programs; its persistent or 
bioaccumulative properties; and the adequacy of available 
information.
    3. EPA should act expeditiously and efficiently in making 
safe use determinations.
     Since a chemical may have a variety of uses, 
resulting in different exposure potentials, EPA should consider 
the various uses and focus on those resulting in the most 
significant exposures.
    4. EPA should complete safe use determinations within set 
timeframes.
     Companies that manufacture, import, process, 
distribute, or use chemicals should be required to provide EPA 
with relevant information to the extent necessary for EPA to 
make safe use determinations.
     Companies throughout the chain of commerce should 
be responsible for providing necessary hazard, use, and 
exposure information.
     EPA should be authorized to require companies, as 
appropriate, to generate relevant new data and information to 
the extent reasonably necessary to make safe use determinations 
without having to prove risk as a prerequisite or engaging in 
protracted rulemaking.
     Testing of chemicals should progress to more 
complex and expensive tests through a tiered approach as needed 
to identify hazards and exposures of specific concern.
     To minimize animal testing, existing data should 
be considered prior to new testing, and validated alternatives 
to animal testing should be used wherever feasible.
     Existing data and information should be leveraged 
in EPA's safe use determinations, including data and 
information from other mandatory and voluntary programs such as 
REACH and the U.S. High Production Volume challenge.
    5. Potential risks faced by children should be an important 
factor in safe use determinations.
     Safe use determinations should consider the 
effects of a chemical on children and their exposure to the 
chemical.
     Safe use determinations should consider whether an 
extra margin of safety is needed to protect children.
    6. EPA should be empowered to impose a range of controls to 
ensure that chemicals are safe for their intended use.
     The controls could range from actions such as 
labeling, handling instructions, exposure limits and 
engineering controls to use restrictions and product bans.
     The controls should be appropriate for managing 
the risk, taking into account alternatives, benefits, costs, 
and uncertainty.
    7. Companies and EPA should work together to enhance public 
access to chemical health and safety information.
     EPA should make chemical hazard, use, and exposure 
information available to the public in electronic databases.
     Other governments should have access to 
confidential information submitted under TSCA, subject to 
appropriate and reliable protections.
     Companies claiming confidentiality in information 
submittals should have to justify those claims on a periodic 
basis.
     Reasonable protections for confidential as well as 
proprietary information should be provided.
    8. EPA should rely on scientifically valid data and 
information, regardless of its source, including data and 
information reflecting modern advances in science and 
technology.
     EPA should establish transparent and 
scientifically sound criteria for evaluating all of the 
information on which it makes decisions to ensure that it is 
valid, using a framework that addresses the strengths and 
limitations of the study design, the reliability of the test 
methods, and the quality of the data.
     EPA should encourage use of good laboratory 
practices, peer review, standardized protocols, and other 
methods to ensure scientific quality.
    9. EPA should have the staff, resources, and regulatory 
tools it needs to ensure the safety of chemicals.
     EPA's budget for TSCA activities should be 
commensurate with its chemical management responsibilities.
    10. A modernized TSCA should encourage technological 
innovation and a globally competitive industry in the United 
States.
     A new chemical management system should preserve 
and enhance the jobs and innovative products and technologies 
contributed by the business of American chemistry.
     Implementation of TSCA should encourage product 
and technology innovation by providing industry certainty about 
the use of chemicals.

Public health, environmental, and labor's principles for reforming TSCA

    A coalition of public health, environmental, labor and 
business representatives also issued ``A Platform for Reform of 
the Toxic Substances Control Act.'' This platform states:
    A reformed Toxic Substances Control Act (TSCA) would serve 
as the backbone of a sound and comprehensive chemicals policy 
that protects public health and the environment, while 
restoring the luster of safety to U.S. goods in the world 
market. Any effective reform of TSCA should:
     Immediately Initiate Action on the Worst 
Chemicals: Persistent, bioaccumulative toxicants (PBTs) are 
uniquely hazardous. Any such chemical to which people could be 
exposed should be phased out of commerce. Exposure to other 
toxic chemicals, such as formaldehyde, that have already been 
extensively studied, should be reduced to the maximum extent 
feasible.
     Require Basic Information for All Chemicals: 
Manufacturers should be required to provide basic information 
on the health hazards associated with their chemicals, how they 
are used, and the ways that the public or workers could be 
exposed.
     Protect the Most Vulnerable: Chemicals should be 
assessed against a health standard that explicitly requires 
protection of the most vulnerable subpopulations. That 
population is likely to usually be children, but it could also 
be workers, pregnant women, or another vulnerable population.
     Use the Best Science and Methods: The National 
Academy of Sciences' recommendations for reforming risk 
assessment at the Environmental Protection Agency (EPA) should 
be adopted. Regulators should expand development and use of 
information gleaned from ``biomonitoring,'' the science of 
detecting human chemical contamination, to inform and impel 
efforts to reduce these exposures.
     Hold Industry Responsible for Demonstrating 
Chemical Safety: Unlike pharmaceuticals, chemicals are 
currently presumed safe until proven harmful. The burden of 
proving harm falls entirely on EPA. Instead, chemical 
manufacturers should be responsible for demonstrating the 
safety of their products.
     Ensure Environmental Justice: Effective reform 
should contribute substantially to reducing the 
disproportionate burden of toxic chemical exposure placed on 
people of color, low income people and indigenous communities.
     Enhance Government Coordination: The EPA should 
work effectively with other agencies, such as FDA, that have 
jurisdiction over some chemical exposures. The ability of the 
states to enact tougher chemical policies should be maintained 
and state/federal cooperation on chemical safety encouraged.
     Promote Safer Alternatives: There should be 
national support for basic and applied research into green 
chemistry and engineering, and policy should favor chemicals 
and products that are shown to be benign over those with 
potential health hazards.
     Ensure the Right to Know: The public, workers, and 
the marketplace should have full access to information about 
the health and environmental hazards of chemicals and the way 
in which government safety decisions are made.
    In light of this and other information, the Committee moved 
to consider Senator Lautenberg's bill, S. 847, in order to 
advance the efforts to increase protections for public health 
and environmental quality, strengthen the public's right-to-
know about chemical substances and mixtures, and promote the 
use of safe chemicals in commerce.

Senator Lautenberg's Amendment to S. 847

    At the Committee's business meeting in July, 2012, Senator 
Lautenberg offered an amendment to his introduced bill that 
modified the underlying text while maintaining the essential 
elements of the introduced bill. The amendment sought to better 
focus resources on evaluating priority chemicals by directing 
EPA to evaluate chemicals in stages, screen chemicals to limit 
the number that require a full safety standard determination, 
and prioritize chemicals in need of safety standard 
determinations. The amendment directed EPA to rely on existing 
information first and require additional testing only to the 
extent necessary to demonstrate safety. The amendment also 
modified the bill's protections for confidential business 
information (CBI) and provisions to encourage innovation in the 
development of chemicals. Specifically, EPA was directed to 
provide varying levels of CBI protection depending on the 
information's category, and companies were provided with 
options to quickly bring new chemicals into commerce through a 
process that is similar to existing TSCA requirements.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that the short title of the bill is the 
``Safe Chemicals Act of 2011''.

Sec. 2. Purposes

    Section 2 defines the purpose for which the bill was 
created.

Sec. 3. Findings, policy and goal

    Section 3 contains the findings that support enactment of 
the bill; the policies that guide application of the bill, and 
the goals that the bill seeks to achieve.

Sec. 4. Definitions

    Section 4 contains the definitions of the bill.

Sec. 5. Minimum information sets and testing of chemical substances

    Section 5 describes the processes used to ensure that 
required information is submitted under the Act.
    Subsection (a) describes the minimum sets of information 
that manufacturers and others would have to submit to EPA for 
chemicals. The section requires a tiered approach to requiring 
such information, along with the requirements for information 
quality and reliability and alternative testing methods.
    Subsection (b) describes the broad testing authority 
provided to the Administrator.
    Subsection (c) describes specific requirements for test 
rules and orders, including factors that EPA must consider when 
requiring testing and methodologies and protocols for such 
tests.
    Subsection (d) describes the exemptions from testing rules 
and order and various methods of reimbursement.
    Subsection (e) describes the requirement for notice related 
to testing rules and orders.
    Subsection (f) describes the process for agencies working 
to share information concerning chemical substances.
    Subsection (g) describes the certification requirements 
that apply to a testing rule or order.

Sec. 6. New chemical substances and new uses of chemical substances

    Subsection (a) contains definitions that apply to this 
section.
    Subsection (b) contains the requirements for the 
manufacture or process of new chemical substances.
    Subsection (c) contains the requirements for new uses of 
existing chemical substances.
    Subsection (d) describes the notice requirements that apply 
to new chemical substances.
    Subsection (e) describes requirements that apply to 
chemical substances that exhibit special substance 
characteristics.
    Subsection (f) describes the requirements for data and 
other factors that apply to the manufacturing or processing of 
certain chemical substances.
    Subsection (g) describes the notice requirements for 
certain chemical substances.
    Subsection (h) describes the procedures and requirements 
for EPA determinations that certain chemical substances or uses 
may be exempt from certain requirements based on a scientific 
consensus of intrinsic safety.
    Subsection (i) describes the certification requirements 
that apply under this section or a rule or order issued 
promulgated or issued under this section.

Sec. 7. Batching, categorization, prioritization, safety standard 
        determination, and risk management.

    Section 7 amends sections 6 and 202 of TSCA to include new 
text.
    Section 7(a) amends section 6 of TSCA as follows:
    Subsection (a) of section 6 of TSCA, as amended, describes 
the requirements of the batching process that the Administrator 
shall use for reviewing chemical substances.
    Subsection (b) of section 6 of TSCA, as amended, describes 
the categorization and prioritization process that the 
Administrator shall implement for chemical substances.
    Subsection (c) of section 6 of TSCA, as amended, describes 
the legal effect of the Administrator's determinations under 
this section.
    Subsection (d) of section 6 of TSCA, as amended, describes 
the responsibilities and requirements for the process of making 
safety standards determinations for chemical substances.
    Subsection (e) of section 6 of TSCA, as amended, describes 
the process for taking expedited action to address chemical 
substances of very high concern.
    Subsection (f) of section 6 of TSCA, as amended, describes 
the requirements that apply to the Administrator issuing a risk 
management order under subsections (d) and (e).
    Subsection (g) of section 6 of TSCA, as amended, describes 
the requirements that apply to the Administrator issuing a 
quality control order.
    Subsection (h) of section 6 of TSCA, as amended, describes 
the exemptions that apply to certain restrictions contained in 
various provisions of TSCA.
    Subsection (i) of section 6 of TSCA, as amended, describes 
special requirements that apply to mercury.
    Subsection (j) of section 6 of TSCA, as amended, describes 
special requirements that apply to asbestos.
    Subsection (k) of section 6 of TSCA, as amended, describes 
the certification requirements that apply to submissions made 
under this section.
    Subsection (l) of section 6 of TSCA, as amended, describes 
the effective date of any regulation or order under this 
section.
    Section 7(b) amends section 202(3) of TSCA by amending the 
definition of asbestos.

Sec. 8. Imminent hazards

    Section 8 amends section 7 of TSCA to include new text.
    Subsection (a) describes the scope of the Administrator's 
authority to commence civil actions and undertake other 
measures to address imminent hazards under this law.
    Subsection (b) describes the scope of relief authorized 
under this law.

Sec. 9. Reporting and retention of information

    Section 9 amends section 8 of TSCA to include new text.
    Subsection (a) of section 8 of TSCA, as amended, contains 
the definitions that apply to this section.
    Subsection (b) of section 8 of TSCA, as amended, describes 
the applicable scope and criteria that apply to identifying 
chemical substances.
    Subsection (c) of section 8 of TSCA, as amended, describes 
the periodic reporting requirements for manufacturers and 
processors of certain chemical substances and provides the 
Administrator with rulemaking authority to implement such 
provisions.
    Subsection (d) of section 8 of TSCA, as amended, describes 
the requirements that apply to support the declarations and 
reports required under this section.
    Subsection (e) of section 8 of TSCA, as amended, describes 
the Administrator's authority to issue rules for the provision 
of information to assist the Administrator in the 
administration of the law.
    Subsection (f) of section 8 of TSCA, as amended, describes 
the requirements for updating information under this section.
    Subsection (g) of section 8 of TSCA, as amended, describes 
the Administrator's authority to issue rules or order requiring 
the maintenance of records of chemical substances and to report 
on chemical substances.
    Subsection (h) of section 8 of TSCA, as amended, describes 
the requirements for the Administrator to maintain an inventory 
of chemical substances.
    Subsection (i) of section 8 of TSCA, as amended, describes 
the public's access to information under this law.
    Subsection (j) of section 8 of TSCA, as amended, describes 
the requirements and Administrator's authority related to the 
retention and submission of records concerning significant 
adverse reactions.
    Subsection (k) of section 8 of TSCA, as amended, describes 
the requirements concerning submission of and request for 
information in the possession of other federal agencies.
    Subsection (l) of section 8 of TSCA, as amended, describes 
the requirements to provide the Administrator with notice of 
information concerning the presence of a substantial risk of 
injury to health or the environment from a chemical substance.
    Subsection (m) of section 8 of TSCA, as amended, describes 
the certification requirements that apply to information 
submitted under this section.
    Subsection (n) of section 8 of TSCA, as amended, describes 
scope of the Administrator's authority to implement and enforce 
reporting requirements under this section.

Sec. 10. Relationship to other Federal laws

    Section 10 amends section 9 of TSCA.
    Subsection (1) describes the scope of the Administrator's 
authority to notify and request that another federal agency act 
to address risks related to a failure to meet the safety 
standard under this title, as well as the Administrator's 
authority to act in lieu of another agency's failure to act 
following a request for action by the Administrator.

Sec. 11. Inspections and subpoenas

    Section 11 amends section 11 of TSCA.
    Subsection (a) describes the locations and samples that the 
Administrator can access and the methods that the Administrator 
can use to conduct inspections under this law.
    Subsection (b) describes the scope the Administrator's 
authority to conduct inspections under this law.
    Subsection (c) describes the Administrator's information 
gathering authorities under this law.
    Subsection (d) describes the Administrator's authorities to 
issue warrants under this law.

Sec. 12. Exports

    Section 12 amends section 12 of TSCA to ensure this section 
is consistent with the policies and provisions of TSCA, as 
amended by this Act.

Sec. 13. Entry into Customs Territory of the United States

    Section 13 amends section 13 of TSCA to ensure this section 
is consistent with the policies and provisions of TSCA, as 
amended by this Act, and shifting federal responsibilities 
since TSCA was enacted.

Sec. 14. Disclosure of data

    Section 14 replaces section 14 of TSCA.
    Subsection (a) describes the legal scope of the data 
disclosure requirements under this law.
    Subsection (b) describes the categories of confidential 
business information under this law.
    Subsection (c) describes the designations and treatment of 
confidential business information under this law.
    Subsection (d) describes the civil penalties for wrongful 
disclosure or wrongful requests for protection under this law.
    Subsection (e) describes Congress' access to information 
under this law.
    Subsection (f) describes the special rules that apply to 
information concerning risks to workers under this law.

Sec. 15. Prohibited acts

    Section 15 amends section 15 of TSCA to make technical and 
conforming changes to TSCA and to expand the types of wrongful 
acts that are prohibited by this Act.

Sec. 16. Penalties

    Section 16 amends section 16 of TSCA to make technical and 
conforming changes to TSCA and to enhance the penalties for 
certain violations of this law.

Sec. 17. Specific enforcement and seizure

    Section 17 amends section 17 of TSCA to make technical and 
conforming changes to TSCA and to enhance the Administrator's 
authority to compel compliance with this law.

Sec. 18. Preemption

    Section 18 clarifies the legal effect of this Act on other 
State and local laws.

Sec. 19. Judicial review

    Section 19 amends section 19 of TSCA to make technical and 
conforming changes to TSCA and to enhance the scope of judicial 
review for certain violations of this law.

Sec. 20. Citizens' civil actions

    Section 20 amends section 20 of TSCA to make technical and 
conforming changes to TSCA and to enhance the authority of 
citizen attorneys generals to assist in the enforcement of the 
provisions of this law.

Sec. 21. Citizens' petitions

    Section 21 amends section 21 of TSCA to make technical and 
conforming changes to TSCA and to enhance the ability of 
citizens to petition for action that is consistent with the 
provisions of the law.

Sec. 22. Employment effects

    Section 22 amends section 24 of TSCA to make technical and 
conforming changes to TSCA and to modify the scope of the 
amended text.

Sec. 23. Administration of the Toxic Substances Control Act

    Section 23 amends section 26 of TSCA to facilitate the 
Administrator's expeditious implementation of this law.

Sec. 24. State programs

    Section 24 amends section 28 of TSCA to enhance the 
Administrator's coordination with states relating to data 
sharing and management of chemical substances.

Sec. 25. Authorization or appropriations

    This section authorizes appropriations as are necessary to 
carry out this Act.

Sec. 26. Additional requirements

    Section 26 amends TSCA to create a new section 29, which 
authorizes the Children's Environmental Health Research 
Program.
    Subsection (a) of the new section 29 describes the timeline 
for creation and consultation requirements of the program, and 
authorizes the Administrator to enter into contracts or to make 
grants under the program.
    Subsection (b) describes the requirements for an 
Interagency Science Advisory Board on Children's Health 
Research.
    Subsection (c) requires the creation of biomonitoring 
requirements related to prenatal and infant exposure to 
chemicals.

Sec. 30. Reduction in animal-based testing

    Section 30 amends TSCA to create a new section 30 that is 
designed to minimize the use of animal-based testing of 
chemical substances or mixtures.
    Subsection (a) requires the Administrator to take actions 
to facilitate and fund studies that minimize the use of 
animals.
    Subsection (b) requires the Administrator to create an 
Interagency Science Advisory Board on Alternative Testing 
Methods.
    Subsection (c) describes the actions needed to implement 
the alternative testing methods program.
    Subsection (d) establishes the criteria for adapting or 
waiving the animal testing requirements.

Sec. 31. Safer alternatives and green chemistry and engineering

    Section 31 creates a new section 31 of TSCA that authorizes 
a green chemistry and engineering program.
    Subsection (a) requires the Administrator to establish the 
green chemistry and engineering program.
    Subsection (b) requires the Administrator to establish a 
Green Chemistry Research Network.
    Subsection (c) requires the Administrator to make grants to 
promote the green chemistry and engineering program.
    Subsection (d) requires the Administrator to establish a 
Green Chemistry Workforce Education and Training Program.

Sec. 32. Cooperation with international efforts

    Section 32 creates a new section 32 of TSCA that authorizes 
the Administrator to cooperate in international efforts to 
develop a common protocol or database of chemical substances 
and to develop safer alternatives to chemical substances.

Sec. 33. Reliable information and advice

    Section 33 creates a new section 33 of TSCA that requires 
the Administrator take certain actions to ensure data 
reliability.

Sec. 34. Hot spots

    Section 34 creates a new section 34 of TSCA that requires 
the Administrator to identify localities that are 
disproportionately exposed to chemical substances or mixtures.
    Subsection (a) contains the definitions that apply to this 
section.
    Subsection (b) requires that the Administrator promulgate 
regulations to establish criteria to define disproportionate 
exposure and identify localities disproportionately exposed.
    Subsection (c) requires that the Administrator identify 
localities that are disproportionately exposed, described the 
data that may be used and requirements for public 
participation.
    Subsection (d) requires that the Administrator publish a 
locality list.
    Subsection (e) describes the legal scope of this section.
    Subsection (f) requires that the Administrator publish and 
update action plans to carry out this section.
    Subsection (g) requires an annual report to Congress on 
progress in carrying out this section.

Sec. 35. Application of this act to Federal agencies

    Section 35 creates a new section 35 of TSCA that applies 
the Act to all federal agencies.
    Subsection (a) requires federal agencies to comply with 
substantive and procedural requirements of this Act.
    Subsection (b) describes the substantive and procedural 
requirements that apply to all federal agencies.
    Subsection (c) waives the sovereign immunity of the United 
States with respect to those applicable substantive and 
procedural requirements.
    Subsection (d) makes clear that federal agents, employees, 
or officers acting within the scope of their employment cannot 
be held personally liable for civil penalties under the Act.
    Subsection (e) makes clear that federal agents, employees, 
or officers are subject to criminal sanctions under the Act.
    Subsection (f) describes criteria for the President to 
grant exemptions under the Act.
    Subsection (g) authorizes the Administrator to take 
administrative enforcement action against Federal agencies for 
noncompliance with the Act.

Sec. 36. Implementation of Stockholm Convention, the LRTAP POPS 
        Protocol, and the Rotterdam Convention

    Section 36 creates a new section 36 of TSCA that provides 
implementation language that will facilitate ratification of 
the Stockholm Convention and related global treaties on 
persistent organic pollutants (POPs), to allow the United 
States to reassert global leadership on POPs and strengthen the 
Unites States' role in international negotiations on additional 
chemical substances of concern.
    Subsection (a) contains the definitions that apply to this 
section.
    Subsection (b) describes the procedures for the United 
States' implementation of the international agreements on POPs.
    Subsection (c) provides that the requirements of this 
section will be enforced in the same manner as rules and orders 
under section 6 of TSCA.
    Subsection (d) provides conforming amendments.

                          Legislative History

    Senator Lautenberg introduced S. 847 on April 14, 2011, 
with Senators Boxer, Franken, Klobuchar and Schumer as original 
cosponsors. The bill was received, read twice and referred to 
the Committee on Environment and Public Works. On July 25, 
2012, the Committee on Environment and Public Works met to 
consider the bill. The bill was ordered reported favorably with 
amendment by a vote of 10 ayes and 8 nays.

                                Hearings

    In the 112th Congress, on February 3, 2011, the 
Subcommittee on Superfund, Toxics and Environmental Health 
hearing entitled, ``Assessing the Effectiveness of U.S. 
Chemical Safety Laws.''
    On November 17, 2011, the Full Committee on Environment and 
Public Works and the Subcommittee on Superfund, Toxics and 
Environmental Health held a joint hearing entitled, 
``Legislative Hearing on the Safe Chemicals Act.''
    On July 24, 2012, the Full Committee on Environment and 
Public Works and the Subcommittee on Superfund, Toxics, and 
Environmental Health held a joint hearing entitled, ``Oversight 
of EPA Authorities and Actions to Control Exposures to Toxic 
Chemicals.''

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 847 on July 25, 2012. The bill, as amended, was 
ordered reported favorably by a vote of 10 yeas to 8 nays.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes evaluation of 
the regulatory impact of the reported bill. The Committee finds 
that it is impracticable to determine the exact regulatory 
impact because of the necessary future agency rules and 
activities to implement the Act.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4), the Committee finds that this legislation 
would impose intergovernmental mandates or private sector 
mandates as those terms are defined in the Unfunded Mandates 
Reform Act (UMRA). The Congressional Budget Office concurs, 
finding S. 847 contains intergovernmental or private-sector 
mandates as defined in the UMRA.

                                                   October 1, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 847, the Safe 
Chemicals Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 847--Safe Chemicals Act of 2011

    Summary: S. 847 would modify the Toxic Substances Control 
Act (TSCA), the law that regulates the manufacture, 
importation, and processing of chemicals, with the aim of 
shifting the burden from the Environmental Protection Agency 
(EPA) to chemical manufacturers to prove that substances are 
safe before they enter the marketplace. This new responsibility 
for chemical manufacturers would be accomplished primarily by 
increasing the amount of information about chemical toxicity 
and usage that they would be required to submit to EPA. 
Enacting this legislation also would require EPA to undertake 
other activities that would encourage and support the 
development of safer alternatives to existing hazardous 
chemical substances.
    CBO estimates that implementing this legislation would cost 
$128 million over the next five years, assuming appropriation 
of the necessary amounts, as EPA would incur additional 
administrative costs to meet the new requirements imposed by S. 
847.
    Enacting S. 847 could affect direct spending and revenues 
because the bill would increase some existing civil and 
criminal penalties for violations of TSCA, establish some new 
civil and criminal penalties for violations related to that 
act, and authorize EPA to charge fees to chemical 
manufacturers. Therefore, pay-as-you-go procedures apply to S. 
847. CBO estimates that any changes in revenues and direct 
spending would not be significant.
    S. 847 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), by regulating the manufacture, processing, use, and 
disposal of chemicals. Because the mandates on 
intergovernmental entities would depend on the scope of future 
regulations, CBO cannot determine whether the aggregate cost of 
the mandates would exceed the annual threshold established in 
UMRA ($73 million in 2012, adjusted annually for inflation). 
Because a large number of chemicals could be affected by the 
new requirements, CBO estimates that the aggregate cost of the 
private-sector mandates would probably exceed the annual 
threshold ($146 million in 2012, adjusted annually for 
inflation.)
    CBO has not reviewed provisions in section 26 of S. 847 
that would implement international agreements for mandates. 
Section 4 of UMRA excludes from the application of that act any 
legislative provisions that are necessary for the ratification 
or implementation of international treaty obligations. CBO has 
determined that those provisions fall within that exclusion.
    Major Provisions: The bill's major provisions would:
           Require EPA, as part of the chemical 
        approval process, to establish requirements for what 
        data firms must submit so that EPA can assess risk;
           Require EPA to prioritize all chemicals 
        already in use so that their safety and the methods 
        used to manage their risks can be evaluated;
           Require EPA to establish a health-based 
        standard for chemical use and require that chemical 
        manufacturers produce scientific data demonstrating 
        adherence to that standard;
           Authorize EPA, in some cases, to issue 
        administrative orders instead of rules, exempt certain 
        EPA decisions from judicial review, and increase public 
        access to EPA's decisions and information about 
        chemicals;
           Allow EPA to implement three international 
        agreements pertaining to organic pollutants and 
        hazardous chemicals; and
           Require EPA to establish a program to create 
        market incentives for the development of safer 
        alternatives to chemicals, establish a children's 
        environmental health research program, and conduct a 
        study to determine the presence of certain chemicals in 
        pregnant women and infants.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 847 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................       30       30       30       30       30       150
Estimated Outlays.......................................       12       26       30       30       30      128
----------------------------------------------------------------------------------------------------------------
Note: Implementing S. 847 also could increase revenue collections and related direct spending from fines and
  penalties, but CBO estimates that any collections over the 2013-2022 period would not be significant.

    Basis of estimate: For this estimate, CBO assumes that S. 
847 will be enacted near the end of 2012 and that the necessary 
amounts will be appropriated each year.

Spending subject to appropriation

    While some EPA activities currently performed under TSCA 
would be replaced by new requirements under S. 847, CBO 
estimates that implementing this legislation would increase 
EPA's workload for regulating chemical safety by about 30 
percent each year. That estimate is based on historical 
information about how other large regulatory programs have been 
implemented by EPA (such as acid rain) and on other information 
provided by the agency. According to EPA, the agency currently 
requires, on average, an appropriation of about $105 million 
annually to implement and enforce TSCA. That funding supports 
about 360 employees and includes about $5 million for grants to 
states to enforce TSCA. Subject to appropriation of the 
necessary amounts, CBO estimates that EPA would require about 
$30 million annually over the next five years to cover the 
costs of additional personnel, contractors, and other 
administrative activities associated with meeting the new 
requirements of this legislation.
    Over the next two years, CBO expects that EPA would focus 
primarily on producing guidance documents and cost-benefit 
analyses and performing other administrative tasks related to 
the rulemaking process for new chemicals and substances already 
in use. EPA also would establish internal processes and 
information technology systems necessary to prioritize the 
analysis of tens of thousands of chemicals and to implement 
other related programs in subsequent years. According to the 
agency, such activities are routinely carried out by 
contractors; as a result, the majority of the estimated $30 
million annual funding needed over this period would cover 
contractor costs. By 2015, as more implementation and 
enforcement of the new provisions of TSCA would begin, CBO 
estimates that EPA would shift funding to cover additional 
personnel.

Direct spending and revenues

    Enacting S. 847 also could affect direct spending and 
revenues because this bill would increase some existing civil 
and criminal penalties as well as establish some new fines. 
Criminal penalties are recorded as revenues, then deposited in 
the Crime Victims Fund, and later spent; civil penalties are 
recorded as revenues. CBO estimates that any increase in 
criminal or civil penalties under the bill would not be 
significant.
    Implementing this legislation also would authorize EPA to 
charge fees to chemical manufacturers who are required to 
submit data under the bill. The legislation indicates that such 
fees could be used to defray the cost of administering the 
changes proposed by this bill. Any additional fees collected 
under this provision would be recorded as an increase in 
revenues in the budget. However, because those fees could not 
be charged until sufficient amounts have been appropriated to 
EPA for the TSCA regulatory program, no additional revenues can 
be attributed directly to enacting S. 847.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that any increase in revenues and 
direct spending resulting from changes in criminal or civil 
penalties would not be significant over the 2013-2022 period.
    Intergovernmental and private-sector impact: The bill would 
authorize EPA to develop new regulations for the use and 
disposal of chemicals and the inspection of facilities where 
chemicals are stored. Such regulations would constitute 
intergovernmental mandates, as defined in UMRA. The bill would 
impose an additional intergovernmental mandate by preempting 
state regulations that conflict with federal requirements. 
Because the scope of future regulations is unclear and the 
number of intergovernmental entities potentially affected by 
the requirements is unknown, CBO cannot determine whether the 
aggregate cost of the intergovernmental mandates would exceed 
the annual threshold established in UMRA ($73 million in 2012, 
adjusted annually for inflation).
    The bill would impose private-sector mandates on 
manufacturers and processors of chemicals by requiring them to 
submit additional data and comply with safety standards. Both 
new and existing chemicals currently sold in the United States 
would be subject to the mandates in the bill. According to 
information from industry experts, manufacturers and processors 
of chemicals could incur costs of $1 million or more per 
chemical to demonstrate compliance with safety standards. In 
addition to the requirements on manufacturers and processors, 
any regulations governing the use and disposal of chemicals and 
the inspection of facilities also would impose mandates on 
private entities. Because a large number of entities would 
likely be affected by the new requirements, CBO estimates that 
the aggregate cost of the private-sector mandates would 
probably exceed the annual threshold established in UMRA ($146 
million in 2012, adjusted annually for inflation.)
    CBO has not reviewed legislative provisions in section 26 
that would implement international agreements for mandates. 
Section 4 of UMRA excludes from the application of that act any 
legislative provisions that are necessary for the ratification 
or implementation of international treaty obligations. CBO has 
determined that those provisions fall within that exclusion.
    Estimate prepared by: Federal Spending: Susanne Mehlman; 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell; Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                             MINORITY VIEWS

                               BACKGROUND

    S. 847, the Safe Chemicals Act (SCA), finishes its fourth 
congress without bipartisan or industry support. Although the 
bill's author notes the importance of having a strong chemical 
regulatory framework at the federal level, the legislation, 
both as originally introduced and as amended in committee, 
represents an unworkable program that would likely be crippling 
to manufacturing in the United States. Despite efforts from the 
minority to both contribute in a constructive manner as well as 
to bring the regulated community to the table the intransigent 
nature of the authors and the majority on this issue continue 
to bog down reform. Accordingly, the minority finds it 
difficult to ascertain if the legislation is intended as 
anything more than a fundraising tool for the environmental 
left.
    The minority finds ample reason for reforming industrial 
chemical regulation currently managed under the Toxic 
Substances Control Act (TSCA). Ongoing challenges with the U.S. 
Environmental Protection Agency's (EPA) chemical risk 
assessment programs and the lack of sound science at the agency 
necessitate reform. Most notably, the National Academy of 
Sciences' review of formaldehyde (issued in April 2011) 
expressed continued frustration with the quality, methodology 
and transparency of the conclusions EPA had achieved, and were 
``recurring''. Current reforms being undertaken by the agency 
are insufficient and strengthening of data quality and 
transparency laws are appropriate.

                   EXAMPLES OF PROBLEMS WITH THE SCA

    1. Safety Standard Can Not Be Applied: The safety standard 
called for in the SCA cannot practically be applied to the 
diverse array of chemicals regulated under TSCA. It imposes a 
standard that in essence mandates a showing that the chemical, 
in all applications, causes no harm, which may be impossible to 
demonstrate. This could adversely impact the ability of 
American companies to manufacture everything from automobile 
components to advanced medical equipment.
    2. Aggregate Exposure Assessments Only Worsens the Safety 
Standard Problem: The requirement, under the SCA, to 
demonstrate that no harm will result from aggregate exposure to 
the chemical necessitates an analysis of every human and 
environmental exposure to a specific chemical from all 
sources--even natural sources. Many chemicals have thousands of 
uses, making this requirement technically and practically 
impossible to meet. This is an example of overregulation--a 
provision that neither the regulated entities nor the regulator 
can possibly fulfill.
    3. The SCA Would Significantly Stifle Domestic Research and 
Development of New Chemicals: The SCA seeks to fix a system 
that is not broken by discarding the successful new chemicals 
review program that exists today in TSCA in favor of a new, 
highly inflexible and overly burdensome structure. This review 
and approval process would undoubtedly stifle US research and 
development of innovative chemicals and applications. 
Furthermore, the lack of predictability in the proposed new and 
untested process, stemming from undefined data generation 
requirements to extended EPA review times, only compounds this 
problem, particularly for chemical uses that undergo constant 
improvement.
    4. The SCA Fails to Balance Calls for Greater Transparency 
with Sensitive Business Information Needs: The SCA provides EPA 
with the authority to needlessly abandon long-standing law and 
practice governing the protection of sensitive confidential 
business information. There are no qualifications or criteria 
as to how this authority should be applied--a glaring omission 
that might be expected to lead to arbitrary decision-making. 
The lack of transparency and predictability built into the 
authority is legitimate cause for concern. The threat to the 
protection of legitimate trade secrets and commercially 
sensitive information is further worsened by the SCA provisions 
that mandate disclosure of commercially sensitive information 
solely because of presence of certain hazard characteristics in 
a substance. No consideration is given as to how the substance 
is used, or what the actual exposure to the substance is: 
basically, the actual risk, if any, posed by use of the 
substance is irrelevant. The information protection provisions 
in the SCA create a strong disincentive to any business to 
perform research and development of new and innovative products 
in the United States.
    5. Data and Information Gathering Authority Is Needlessly 
Overbroad: Any provision that would give EPA authority to 
require the generation of new, relevant data should be based on 
the proposition that this ``missing'' data is necessary for the 
evaluative process. Legitimate need for information should be 
the driver. The SCA, however takes an entirely different 
approach by mandating that EPA establish ``minimum information 
sets'' as EPA ``determines appropriate'' and requiring that 
these shall include ``sufficient information'' for EPA to 
conduct an assessment of the chemical. The SCA sets no limits 
on the authority of EPA. Conducting testing or gathering 
information solely for the sake of generating and compiling 
information is burdensome and wasteful, both for businesses 
that must devote enormous resources to comply and on government 
that must then accept and handle volumes of information it did 
not need.
    6. The SCA Not Only Fails to Address One of the Major 
Criticisms of TSCA, It Worsens the Problem: The perceived lack 
of a strong, central federal chemical management system has 
been offered as a reason why states and municipalities have 
felt compelled to enact chemical management legislation. This 
burdensome patchwork of at times inconsistent regulations, 
would be eliminated, the argument goes, if there was a strong 
and effective TSCA. Having one chemical regulatory system 
administered at the federal level and eliminating the need for 
a state and local regulations would make compliance more 
practical, provide uniform protection, and promote a stronger 
economy by reducing unnecessary burdens on businesses and state 
and local governments. Yet, even after imposing hosts of new 
and burdensome requirements, the SCA fails to limit the 
continued growth of state and local regulation, thereby 
increasing the significant burden on American industry.
    Thanks to our abundant fossil fuel supplies, made available 
through our advances in hydraulic fracturing and directional 
drilling technologies, the chemical manufacturing sector is 
seeing resurgence in investment and jobs in the United States. 
Despite four years of dismal economic growth, the domestic 
fossil fuel and chemical manufacturing sector has been a bright 
spot. Accordingly, it remains imperative that we do not stifle 
the economic and job potential of these industries with a 
regulatory framework that is unworkable, but rather focus on 
enhancing consumer protections and improving the law through 
reasonable bipartisan reform that would strengthen consumer 
confidence while protecting our economy and jobs.

                                   Jim Inhofe.
                                   David Vitter.
                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


TOXIC SUBSTANCES CONTROL ACT

           *       *       *       *       *       *       *



=======================================================================

    

                    TOXIC SUBSTANCES CONTROL ACT\1\


      [As Amended Through P.L. 110-414, Enacted October 14, 2008]


                  TITLE I--CONTROL OF TOXIC SUBSTANCES


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

      This Act may be cited as the ``Toxic Substances Control 
Act''.
---------------------------------------------------------------------------
    \1\The Toxic Substances Control Act (15 U.S.C. 2601-2692) consists 
of Public Law 94-469 (Oct. 11, 1976; 90 Stat. 2003) and the amendments 
made by subsequent enactments.
---------------------------------------------------------------------------

                            TABLE OF CONTENTS

                  TITLE I--CONTROL OF TOXIC SUBSTANCES

Sec. 1. Short title and table of contents.
Sec. 2. [Findings, policy and intent] Findings, policy, and goal.
Sec. 3. Definitions.
Sec. 4. [Testing of chemical substances and mixtures] Minimum data set 
          and testing of chemical substances.
Sec. 5. Manufacturing and processing notices.
Sec. 6. [Regulation of hazardous chemical substances and mixtures] 
          Prioritization, safety standard determination, and risk 
          management.
Sec. 28. State programs.
Sec. 29. Children's Environmental Health Research Program.
Sec. 30. Reduction of animal-based testing.
Sec. 31. Safer alternatives and green chemistry and engineering.
Sec. 32. Cooperation with international efforts.
Sec. 33. Reliable information and advice.
Sec. 34. Hot spots.
Sec. 35. Application of this Act to Federal agencies.
Sec. 36. Implementation of Stockholm Convention, the LRTAP Pops 
          Protocol, and the Rotterdam Convention.
Sec. 37. Annual report.
Sec. 38. Authorization of appropriations.
Sec. [29. Authorization for appropriations.
Sec. [30. Annual report.
Sec. [31. Effective date.]
     * * * * * * *

SEC. 2. FINDINGS, POLICY, AND [INTENT] GOAL.

    [(a) Findings.--The Congress finds that--
          [(1) human beings and the environment are being 
        exposed each year to a large number of chemical 
        substances and mixtures.
          [(2) among the many chemical substances and mixtures 
        which are constantly being developed and produced, 
        there are some whose manufacture, processing, 
        distribution in commerce, use, or disposal may present 
        an unreasonable risk of injury to health or the 
        environment; and
          [(3) the effective regulation of interstate commerce 
        in such chemical substances and mixtures also 
        necessitates the regulation of intrastate commerce in 
        such chemical substances and mixtures.
    [(b) Policy.--It is the policy of the United States that--
          [(1) adequate data should be developed with respect 
        to the effect of chemical substances and mixtures on 
        health and the environment and that the development of 
        such data should be the responsibility of those who 
        manufacture and those who process such chemical 
        substances and mixtures;
          [(2) adequate authority should exist to regulate 
        chemical substances and mixtures which present an 
        unreasonable risk of injury to health or the 
        environment, and to take action with respect to 
        chemical substances and mixtures which are imminent 
        hazards; and
          [(3) authority over chemical substances and mixtures 
        should be exercised in such a manner as not to impede 
        unduly or create unnecessary economic barriers to 
        technological innovation while fulfilling the primary 
        purpose of this Act to assure that such innovation and 
        commerce in such chemical substances and mixtures do 
        not present an unreasonable risk of injury to health or 
        the environment.
    [(c) Intent of Congress.--It is the intent of Congress that 
the Administrator shall carry out this Act in a reasonable and 
prudent manner, and that the Administrator shall consider the 
environmental, economic, and social impact of any action the 
Administrator takes or proposes to take under this Act.]
  (a) Findings.--Congress finds that--
          (1) each year human beings and the environment are 
        exposed to a large number of chemical substances;
          (2) the chemical industry, an important part of the 
        United States economy, provides valuable products that 
        are used in diverse manufacturing industries and other 
        commercial, institutional, and consumer applications;
          (3) more than 3 decades after the enactment of this 
        Act, people and the environment in the United States 
        are still exposed to thousands of chemicals whose 
        safety has not been adequately reviewed and may harm 
        health and the environment;
          (4) the incidence of some diseases and disorders 
        linked to chemical substance exposures is on the rise;
          (5) biomonitoring of chemical substances in humans 
        reveals that people in the United States carry hundreds 
        of hazardous chemicals in their bodies;
          (6) the concentrations of certain chemical substances 
        that persist and accumulate are increasing in the 
        environment and in human bodies and are found across 
        the world, including in the remote Arctic in which 
        Native Americans face increasing contamination of 
        traditional foods;
          (7) differences in metabolism and physiology at 
        certain stages of development can make infants and 
        children more vulnerable than adults to the effects of 
        chemical exposure, especially exposure that occurs in 
        utero, during infancy, and during other critical 
        periods of development;
          (8) manufacturers and processors of chemicals should 
        supply sufficient health and environmental information 
        before distributing products in commerce;
          (9) the Administrator must have and exercise the 
        authority to develop sufficient information to assess 
        chemical safety, and to act effectively when the 
        Administrator obtains information that indicates there 
        are risks of harmful exposure to chemical substances;
          (10) there is significant global trade in the 
        chemical sector and many of the companies that conduct 
        business in the United States must also comply with 
        chemical safety regulatory programs in other countries, 
        and the data that is generated to comply with those 
        other regulatory programs may be useful in 
        understanding hazards and exposures of chemical 
        substances presented in the United States; and
          (11) a revised policy on the safety of chemical 
        substances will assist in renewing the manufacturing 
        sector of the United States, create new and safer jobs, 
        spur innovations in green chemistry, restore confidence 
        domestically and internationally in the safety of 
        products of the United States, and ensure that products 
        of the United States remain competitive in the global 
        market.
  (b) Policy.--It is the policy of the United States--
          (1) to protect the health of children, workers, 
        consumers, and the public, and to protect the 
        environment from harmful exposures to chemical 
        substances;
          (2) to promote the use of safer alternatives and 
        other actions that reduce the use of and exposure to 
        hazardous chemical substances and reward innovation 
        toward safer chemicals, processes, and products;
          (3) to require that chemicals in commerce meet a 
        risk-based safety standard that protects vulnerable and 
        affected populations and the environment;
          (4) to require companies to provide sufficient health 
        and environmental information for the chemical 
        substances that the companies manufacture, process, or 
        import as a condition of allowing those companies to 
        distribute chemical substances in commerce;
          (5) to improve the quality of information on chemical 
        safety and use;
          (6) to guarantee the right of the public and workers 
        to know about the hazards and uses of chemical 
        substances that the public and workers may be exposed 
        to by maximizing public access to information on 
        chemical safety and use; and
          (7) to strengthen cooperation between and among the 
        Federal Government and State, municipal, tribal, and 
        foreign governments.
  (c) Goal.--It is the goal of the United States to address the 
harmful exposure of vulnerable or affected populations to 
chemical substances caused by the distribution of chemical 
substances in commerce by--
          (1) reviewing all chemical substances for safety and 
        identifying the highest priority chemical substances 
        for expedited review;
          (2) determining whether chemical substances in 
        commerce meet the safety standard under this title;
          (3) applying appropriate restrictions to the use of a 
        chemical substance, where warranted; and
          (4) encouraging the replacement of harmful chemicals 
        and processes with safer alternatives.

SEC. 3. DEFINITIONS.

    As used in this Act:
          (1) The\1\ term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
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    \1\In Public Law 94-469, which enacted this section, the word 
``the'' was lower case. ``The'' has been shown capitalized to reflect 
the probable intent of Congress.
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          (2) Aggregate exposure.--
                  (A) In general.--Subject to subparagraph (B), 
                the term `aggregate exposure' means exposure 
                from all sources of a chemical substance, 
                including exposure from--
                          (i) the manufacture, processing, 
                        distribution, use, and disposal of that 
                        chemical substance; and
                          (ii) all other sources of that 
                        chemical substance, including--
                                  (I) contamination of food, 
                                air, water, soil, and house 
                                dust from current or prior uses 
                                or activity;
                                  (II) accidental releases;
                                  (III) permitted sources of 
                                pollution;
                                  (IV) nonpoint sources of 
                                pollution;
                                  (V) documented background 
                                levels from natural and 
                                anthropogenic sources; and
                                  (VI) a mixture or article 
                                containing that chemical 
                                substance.
                  (B) Inclusions.--The term `aggregate 
                exposure' includes exposure from a chemical 
                substance that is not considered to be a 
                chemical substance under this Act solely 
                because of the use of that substance as, or in, 
                a food, food additive, cosmetic, or device (as 
                those terms are defined in section 201 of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                321)).
          (3) Bioaccumulative.--
                  (A) In general.--The term `bioaccumulative' 
                means, with respect to a chemical substance or 
                mixture, that the chemical substance or 
                mixture, as determined by the Administrator, 
                can significantly accumulate in biota, as 
                indicated through monitoring data, or is highly 
                likely to accumulate in biota, as indicated by 
                other evidence.
                  (B) Update.--To reflect the best available 
                science, the Administrator may, by rule, revise 
                the definition of the term `bioaccumulative' in 
                such a way that reflects the state of the 
                science and provides for equal or greater 
                protection of human health and the environment.
          (4) Chemical identity.--The term `chemical identity' 
        includes--
                  (A) each common and trade name of a chemical 
                substance;
                  (B) the name of a chemical substance 
                appearing in International Union of Pure and 
                Applied Chemistry nomenclature and the most 
                current Collective Index format;
                  (C) each Chemical Abstracts Service 
                registration number of a chemical substance; 
                and
                  (D) the molecular structure of a chemical 
                substance.
        [(2)](5)[(2)(A) Except as provided in subparagraph (B)]
          (5) Chemical substance.--
                  (A) In general.--Except as provided in 
                subparagraphs (B) and (C), the term ``chemical 
                substance'' means any organic or inorganic 
                substance of a particular molecular identity, 
                including--
                          (i) any combination of such 
                        substances occurring in whole or in 
                        part as a result of a chemical reaction 
                        or occurring in nature, and
                          (ii) any element or uncombined 
                        radical.
                  [(B) Such term]
                  (B) Exclusions.--The term `chemical 
                substance' does not include--
                          (i) any mixture,
                          (ii) any pesticide (as defined in the 
                        Federal Insecticide, Fungicide, and 
                        Rodenticide Act) when manufactured, 
                        processed, or distributed in commerce 
                        for use as a pesticide,
                          (iii) tobacco or any tobacco product,
                          (iv) any source material, special 
                        nuclear material, or byproduct material 
                        (as such terms are defined in the 
                        Atomic Energy Act of 1954 and 
                        regulations issued under such Act),
                          (v) any article the sale of which is 
                        subject to the tax imposed by section 
                        4181 of the Internal Revenue Code of 
                        1954 (determined without regard to any 
                        exemptions from such tax provided by 
                        section 4182 or 4221 or any other 
                        provision of such Code), and
                          (vi) any food, food additive, drug, 
                        cosmetic, or device (as such terms are 
                        defined in section 201 of the Federal 
                        Food, Drug, and Cosmetic Act) when 
                        manufactured, processed, or distributed 
                        in commerce for use as a food, food 
                        additive, drug, cosmetic, or device.
        The term ``food'' as used in clause (vi) of this 
        subparagraph includes poultry and poultry products (as 
        defined in sections 4(e) and 4(f) of the Poultry 
        Products Inspection Act), meat and meat food products 
        (as defined in section 1(j) of the Federal Meat 
        Inspection Act), and eggs and egg products (as defined 
        in section 4 of the Egg Products Inspection Act).
                  (C) Inclusions.--Notwithstanding molecular 
                identity, the Administrator may determine that 
                a variant of a chemical substance is a new 
                chemical substance under section 5(a)(6).
          [(3)](6) The term ``commerce'' means trade, traffic, 
        transportation, or other commerce (A) between a place 
        in a State and any place outside of such State, or (B) 
        which affects trade, traffic, transportation, or 
        commerce described in clause (A).
          (7) Cumulative exposure.--The term `cumulative 
        exposure' means the sum of aggregate exposure to each 
        of the chemical substances that are known or suspected 
        to contribute appreciably to the risk of the same or a 
        similar adverse effect.
          [(4) The terms ``distribute in commerce'' and 
        ``distribution in commerce'' when used to describe an 
        action taken with respect to a chemical substance or 
        mixture or article containing a substance or mixture 
        mean to sell, or the sale of, the substance, mixture, 
        or article in commerce; to introduce or deliver for 
        introduction into commerce, or the introduction or 
        delivery for introduction into commerce of, the 
        substance, mixture, or article; or to hold, or the 
        holding of, the substance, mixture, or article after 
        its introduction into commerce.]
          (8) Distribute in commerce.--The terms `distribute in 
        commerce' and `distribution in commerce', when used to 
        describe an action taken with respect to a chemical 
        substance (or mixture or article containing that 
        chemical substance), mean--
                  (A) to sell, or the sale of, the substance, 
                mixture, or article in commerce;
                  (B) to introduce or deliver for introduction 
                into commerce, or the introduction or delivery 
                for introduction into commerce of, the 
                substance, mixture, or article;
                  (C) to hold, or the holding of, the 
                substance, mixture, or article after its 
                introduction into commerce; or
                  (D) to export or offer for export the 
                substance, mixture, or article.
          (9) End consumer.--The term `end consumer' means an 
        individual or other entity that purchases and uses or 
        consumes a chemical substance (or mixture or article 
        containing that chemical substance).
          [(5)](10) The term ``environment'' includes 
        water,ambient and indoor air, and land and the 
        interrelationship which exists among and between water, 
        air, and land and all living things.
          (11) Federal agency.--The term `Federal agency' means 
        any department, agency, or other instrumentality of the 
        Federal Government, any independent agency or 
        establishment of the Federal Government including any 
        Government corporation, and the Government Printing 
        Office.
          [(6)](12) The term ``health and safety study'' means 
        any study of any effect of a chemical substance or 
        mixture on health or the environment or on both, 
        including underlying data and epidemiological studies, 
        studies of occupational exposure to a chemical 
        substance or mixture, toxicological, clinical, and 
        ecological studies of a chemical substance or mixture, 
        and any test performed pursuant to this Act.
          [(7)](13) The term ``manufacture'' means to import 
        into the customs territory of the United States (as 
        defined in general note 2 of the Harmonized Tariff 
        Schedules of the United States), produce, or 
        manufacture.
          [(8)](14) The term ``mixture'' means any combination 
        of two or more chemical substances if the combination 
        does not occur in nature and is not, in whole or in 
        part, the result of a chemical reaction; except that 
        such term does include any combination which occurs, in 
        whole or in part, as a result of a chemical reaction if 
        none of the chemical substances comprising the 
        combination is a new chemical substance and if the 
        combination could have been manufactured for commercial 
        purposes without a chemical reaction at the time the 
        chemical substances comprising the combination were 
        combined.
          [(9)](15) The term ``new chemical substance'' means 
        any chemical substance [which is not included in the 
        chemical substance list compiled and published under 
        section 8(b)] for which the manufacturer or processor 
        of the chemical substance has not submitted a 
        declaration under section 8(a).
          (16) Persistent.--
                  (A) In general.--The term `persistent' means, 
                with respect to a chemical substance or 
                mixture, that the chemical substance or 
                mixture, as determined by the Administrator, 
                significantly persists in 1 or more 
                environmental media, as indicated by monitoring 
                data or other evidence.
                  (B) Update.--To reflect the best available 
                science, the Administrator may, by rule, revise 
                the definition of the term `persistent' in such 
                a way that reflects the state of the science 
                and provides for equal or greater protection of 
                human health and the environment.
          (17) Person.--
                  (A) In general.--The term `person' means an 
                individual, trust, firm, joint stock company, 
                corporation (including a Government 
                corporation), partnership, association, State, 
                municipality, commission, political subdivision 
                of a State, or any interstate body.
                  (B) Inclusions.--The term `person' includes 
                each Federal agency and any officer, agent, or 
                employee of a Federal agency.
          [(10)](18) The term ``process'' means the preparation 
        of a chemical substance or mixture, after its 
        manufacture, for distribution in commerce--
                  (A) in the same form or physical state as, or 
                in a different form or physical state from, 
                that in which it was received by the person so 
                preparing such substance or mixture, or
                  (B) as part of an article containing the 
                chemical substance or mixture.
          [(11)](19) The term ``processor'' means any person 
        who processes a chemical substance or mixture.
          (20) Special substance characteristic.--
                  (A) In general.--The term `special substance 
                characteristic' means a physical, chemical, or 
                biological characteristic, other than molecular 
                identity, that the Administrator determines, by 
                order or rule, may significantly affect the 
                risks posed by substances exhibiting that 
                characteristic.
                  (B) Considerations.--In determining the 
                existence of special substance characteristics, 
                the Administrator may consider--
                          (i) size or size distribution;
                          (ii) shape and surface structure;
                          (iii) reactivity; and
                          (iv) any other properties that may 
                        significantly affect the risks posed.
          [(12) The term ``standards for the development of 
        test data'' means a prescription of--
                  [(A) the--
                          [(i) health and environmental 
                        effects, and
                          [(ii) information relating to 
                        toxicity, persistence, and other 
                        characteristics which affect health and 
                        the environment,
                for which test data for a chemical substance or 
                mixture are to be developed and any analysis 
                that is to be performed on such data, and
                  [(B) to the extent necessary to assure that 
                data respecting such effects and 
                characteristics are reliable and adequate--
                          [(i) the manner in which such data 
                        are to be developed,
                          [(ii) the specification of any test 
                        protocol or methodology to be employed 
                        in the development of such data, and
                          [(iii) such other requirements as are 
                        necessary to provide such assurance.]
          [(13)](21) The term ``State'' means any State of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        the Canal Zone, American Samoa, the Northern Mariana 
        Islands, or any other territory or possession of the 
        United States.
          (22) Toxic.--The term `toxic', with respect to a 
        chemical substance or mixture, means that the chemical 
        substance or mixture has a toxicological property--
                  (A) meeting the criteria for Category 1 or 
                Category 2 for any of the toxicity endpoints 
                established by the Globally Harmonized System 
                for the Classification and Labeling of 
                Hazardous Substances;
                  (B) that causes an adverse effect that has 
                been demonstrated in humans or other exposed 
                organisms; or
                  (C) for which the weight of evidence (such as 
                demonstration of an adverse effect described in 
                subparagraph (B), laboratory studies, or data 
                for a chemical from the same chemical class 
                that exhibits that adverse effect) demonstrates 
                the potential for an adverse effect in humans 
                or other exposed organisms.
          (23) Toxicological property.--The term `toxicological 
        property' means actual or potential toxicity or other 
        adverse effects of a chemical substance or mixture, 
        including actual or potential effects of exposure to a 
        chemical substance or mixture on--
                  (A) mortality;
                  (B) morbidity, including carcinogenesis;
                  (C) reproduction;
                  (D) growth and development;
                  (E) the immune system;
                  (F) the endocrine system;
                  (G) the brain or nervous system;
                  (H) other organ systems; or
                  (I) any other biological functions in humans 
                or nonhuman organisms.
          [(14)](24) The term ``United States'', when used in 
        the geographic sense, means all of the States.
          (25) Vulnerable human population.--The term 
        `vulnerable human population' means a human population 
        that is subject to disproportionate exposure to, or the 
        potential for disproportionate adverse effect from 
        exposure to, a chemical substance or mixture, 
        including--
                  (A) infants, children, and adolescents;
                  (B) pregnant women;
                  (C) elderly;
                  (D) individuals with preexisting medical 
                conditions;
                  (E) workers that work with chemical 
                substances and mixtures; and
                  (F) members of any other appropriate 
                population identified by the Administrator.

           *       *       *       *       *       *       *


[SEC. 4. TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.

    [(a) Testing Requirements.--If the Administrator finds 
that--
          [(1)(A)(i) the manufacture, distribution in commerce, 
        processing, use, or disposal of a chemical substance or 
        mixture, or that any combination of such activities, 
        may present an unreasonable risk of injury to health or 
        the environment,
          [(ii) there are insufficient data and experience upon 
        which the effects of such manufacture, distribution in 
        commerce, processing, use, or disposal of such 
        substance or mixture or of any combination of such 
        activities on health or the environment can reasonably 
        be determined or predicted, and
          [(iii) testing of such substance or mixture with 
        respect to such effects is necessary to develop such 
        data; or
          [(B)(i) a chemical substance or mixture is or will be 
        produced in substantial quantities, and (I) it enters 
        or may reasonably be anticipated to enter the 
        environment in substantial quantities or (II) there is 
        or may be significant or substantial human exposure to 
        such substance or mixture,
          [(ii) there are insufficient data and experience upon 
        which the effects of the manufacture, distribution in 
        commerce, processing, use, or disposal of such 
        substance or mixture or of any combination of such 
        activities on health or the environment can reasonably 
        be determined or predicted, and
          [(iii) testing of such substance or mixture with 
        respect to such effects is necessary to develop such 
        data; and
          [(2) in the case of a mixture, the effects which the 
        mixture's manufacture, distribution in commerce, 
        processing, use, or disposal or any combination of such 
        activities may have on health or the environment may 
        not be reasonably and more efficiently determined or 
        predicted by testing the chemical substances which 
        comprise the mixture;
the Administrator shall by rule require that testing be 
conducted on such substance or mixture to develop data with 
respect to the health and environmental effects for which there 
is an insufficiency of data and experience and which are 
relevant to a determination that the manufacture, distribution 
in commerce, processing, use, or disposal of such substance or 
mixture, or that any combination of such activities, does or 
does not present an unreasonable risk of injury to health or 
the environment.
    [(b)(1) Testing Requirement Rule.--A rule under subsection 
(a) shall include--
          [(A) identification of the chemical substance or 
        mixture for which testing is required under the rule,
          [(B) standards for the development of test data for 
        such substance or mixture, and
          [(C) with respect to chemical substances which are 
        not new chemical substances and to mixtures, a 
        specification of the period (which period may not be of 
        unreasonable duration) within which the persons 
        required to conduct the testing shall submit to the 
        Administrator data developed in accordance with the 
        standards referred to in subparagraph (B).
[In determining the standards and period to be included, 
pursuant to subparagraphs (B) and (C), in a rule under 
subsection (a), the Administrator's considerations shall 
include the relative costs of the various test protocols and 
methodologies which may be required under the rule and the 
reasonably foreseeable availability of the facilities and 
personnel needed to perform the testing required under the 
rule. Any such rule may require the submission to the 
Administrator of preliminary data during the period prescribed 
under subparagraph (C).
    [(2)(A) The health and environmental effects for which 
standards for the development of test data may be prescribed 
include carcinogenesis, mutagenesis, teratogenesis, behavioral 
disorders, cumulative or synergistic effects, and any other 
effect which may present an unreasonable risk of injury to 
health or the environment. The characteristics of chemical 
substances and mixtures for which such standards may be 
prescribed include persistence, acute toxicity, subacute 
toxicity, chronic toxicity, and any other characteristic which 
may present such a risk. The methodologies that may be 
prescribed in such standards include epidemiologic studies, 
serial or hierarchical tests, in vitro tests, and whole animal 
tests, except that before prescribing epidemiologic studies of 
employees, the Administrator shall consult with the Director of 
the National Institute for Occupational Safety and Health.
    [(B) From time to time, but not less than once each 12 
months, the Administrator shall review the adequacy of the 
standards for development of data prescribed in rules under 
subsection (a) and shall, if necessary, institute proceedings 
to make appropriate revisions of such standards.
    [(3)(A) A rule under subsection (a) respecting a chemical 
substance or mixture shall require the persons described in 
subparagraph (B) to conduct tests and submit data to the 
Administrator on such substance or mixture, except that the 
Administrator may permit two or more of such persons to 
designate one such person or a qualified third party to conduct 
such tests and submit such data on behalf of the persons making 
the designation.
    [(B) The following persons shall be required to conduct 
tests and submit data on a chemical substance or mixture 
subject to a rule under subsection (a):
          [(i) Each person who manufactures or intends to 
        manufacture such substance or mixture if the 
        Administrator makes a finding described in subsection 
        (a)(1)(A)(ii) or (a)(1)(B)(ii) with respect to the 
        manufacture of such substance or mixture.
          [(ii) Each person who processes or intends to process 
        such substance or mixture if the Administrator makes a 
        finding described in subsection (a)(1)(A)(ii) or 
        (a)(1)(B)(ii) with respect to the processing of such 
        substance or mixture.
          [(iii) Each person who manufactures or processes or 
        intends to manufacture or process such substance or 
        mixture if the Administrator makes a finding described 
        in subsection (a)(1)(A)(ii) or (a)(1)(B)(ii) with 
        respect to the distribution in commerce, use, or 
        disposal of such substance or mixture.
    [(4) Any rule under subsection (a) requiring the testing of 
and submission of data for a particular chemical substance or 
mixture shall expire at the end of the reimbursement period (as 
defined in subsection (c)(3)(B)) which is applicable to test 
data for such substance or mixture unless the Administrator 
repeals the rule before such date; and a rule under subsection 
(a) requiring the testing of and submission of data for a 
category of chemical substances or mixtures shall expire with 
respect to a chemical substance or mixture included in the 
category at the end of the reimbursement period (as so defined) 
which is applicable to test data for such substance or mixture 
unless the Administrator before such date repeals the 
application of the rule to such substance or mixture or repeals 
the rule.
    [(5) Rules issued under subsection (a) (and any substantive 
amendment thereto or repeal thereof) shall be promulgated 
pursuant to section 553 of title 5, United States Code, except 
that (A) the Administrator shall give interested persons an 
opportunity for the oral presentation of data, views, or 
arguments, in addition to an opportunity to make written 
submission; (B) a transcript shall be made of any oral 
presentation; and (C) the Administrator shall make and publish 
with the rule the findings described in paragraph (1)(A) or 
(1)(B) of subsection (a) and, in the case of a rule respecting 
a mixture, the finding described in paragraph (2) of such 
subsection.
    [(c) Exemption.--(1) Any person required by a rule under 
subsection (a) to conduct tests and submit data on a chemical 
substance or mixture may apply to the Administrator (in such 
form and manner as the Administrator shall prescribe) for an 
exemption from such requirement.
    [(2) If, upon receipt of an application under paragraph 
(1), the Administrator determines that--
          [(A) the chemical substance or mixture with respect 
        to which such application was submitted is equivalent 
        to a chemical substance or mixture for which data has 
        been submitted to the Administrator in accordance with 
        a rule under subsection (a) or for which data is being 
        developed pursuant to such a rule, and
          [(B) submission of data by the applicant on such 
        substance or mixture would be duplicative of data which 
        has been submitted to the Administrator in accordance 
        with such rule or which is being developed pursuant to 
        such rule,
the Administrator shall exempt, in accordance with paragraph 
(3) or (4), the applicant from conducting tests and submitting 
data on such substance or mixture under the rule with respect 
to which such application was submitted.
    [(3)(A) If the exemption under paragraph (2) of any person 
from the requirement to conduct tests and submit test data on a 
chemical substance or mixture is granted on the basis of the 
existence of previously submitted test data and if such 
exemption is granted during the reimbursement period for such 
test data (as prescribed by subparagraph (B)), then (unless 
such person and the persons referred to in clauses (i) and (ii) 
agree on the amount and method of reimbursement) the 
Administrator shall order the person granted the exemption to 
provide fair and equitable reimbursement (in an amount 
determined under rules of the Administrator)--
          [(i) to the person who previously submitted such test 
        data, for a portion of the costs incurred by such 
        person in complying with the requirement to submit such 
        data, and
          [(ii) to any other person who has been required under 
        this subparagraph to contribute with respect to such 
        costs, for a portion of the amount such person was 
        required to contribute.
[In promulgating rules for the determination of fair and 
equitable reimbursement to the persons described in clauses (i) 
and (ii) for costs incurred with respect to a chemical 
substance or mixture, the Administrator shall, after 
consultation with the Attorney General and the Federal Trade 
Commission, consider all relevant factors, including the effect 
on the competitive position of the person required to provide 
reimbursement in relation to the person to be reimbursed and 
the share of the market for such substance or mixture of the 
person required to provide reimbursement in relation to the 
share of such market of the persons to be reimbursed. An order 
under this subparagraph shall, for purposes of judicial review, 
be considered final agency action.
    [(B) For purposes of subparagraph (A), the reimbursement 
period for any test data for a chemical substance or mixture is 
a period--
          [(i) beginning on the date such data is submitted in 
        accordance with a rule promulgated under subsection 
        (a), and
          [(ii) ending--
                  [(I) five years after the date referred to in 
                clause (i), or
                  [(II) at the expiration of a period which 
                begins on the date referred to in clause (i) 
                and which is equal to the period which the 
                Administrator determines was necessary to 
                develop such data,
        whichever is later.
    [(4)(A) If the exemption under paragraph (2) of any person 
from the requirement to conduct tests and submit test data on a 
chemical substance or mixture is granted on the basis of the 
fact that test data is being developed by one or more persons 
pursuant to a rule promulgated under subsection (a), then 
(unless such person and the persons referred to in clauses (i) 
and (ii) agree on the amount and method of reimbursement) the 
Administrator shall order the person granted the exemption to 
provide fair and equitable reimbursement (in an amount 
determined under rules of the Administrator)--
          [(i) to each such person who is developing such test 
        data, for a portion of the costs incurred by each such 
        person in complying with such rule, and
          [(ii) to any other person who has been required under 
        this subparagraph to contribute with respect to the 
        costs of complying with such rule, for a portion of the 
        amount such person was required to contribute.
[In promulgating rules for the determination of fair and 
equitable reimbursement to the persons described in clauses (i) 
and (ii) for costs incurred with respect to a chemical 
substance or mixture, the Administrator shall, after 
consultation with the Attorney General and the Federal Trade 
Commission, consider the factors described in the second 
sentence of paragraph (3)(A). An order under this subparagraph 
shall, for purposes of judicial review, be considered final 
agency action.
    [(B) If any exemption is granted under paragraph (2) on the 
basis of the fact that one or more persons are developing test 
data pursuant to a rule promulgated under subsection (a) and if 
after such exemption is granted the Administrator determines 
that no such person has complied with such rule, the 
Administrator shall (i) after providing written notice to the 
person who holds such exemption and an opportunity for a 
hearing, by order terminate such exemption, and (ii) notify in 
writing such person of the requirements of the rule with 
respect to which such exemption was granted.
    [(d) Notice.--Upon the receipt of any test data pursuant to 
a rule under subsection (a), the Administrator shall publish a 
notice of the receipt of such data in the Federal Register 
within 15 days of its receipt. Subject to section 14, each such 
notice shall (1) identify the chemical substance or mixture for 
which data have been received; (2) list the uses or intended 
uses of such substance or mixture and the information required 
by the applicable standards for the development of test data; 
and (3) describe the nature of the test data developed. Except 
as otherwise provided in section 14, such data shall be made 
available by the Administrator for examination by any person.
    [(e) Priority List.--(1)(A) There is established a 
committee to make recommendations to the Administrator 
respecting the chemical substances and mixtures to which the 
Administrator should give priority consideration for the 
promulgation of a rule under subsection (a). In making such a 
recommendation with respect to any chemical substance or 
mixture, the committee shall consider all relevant factors, 
including--
          [(i) the quantities in which the substance or mixture 
        is or will be manufactured,
          [(ii) the quantities in which the substance or 
        mixture enters or will enter the environment,
          (iii) the number of individuals who are or will be 
        exposed to the substance or mixture in their places of 
        employment and the duration of such exposure,
          [(iv) the extent to which human beings are or will be 
        exposed to the substance or mixture,
          [(v) the extent to which the substance or mixture is 
        closely related to a chemical substance or mixture 
        which is known to present an unreasonable risk of 
        injury to health or the environment,
          [(vi) the existence of data concerning the effects of 
        the substance or mixture on health or the environment,
          [(vii) the extent to which testing of the substance 
        or mixture may result in the development of data upon 
        which the effects of the substance or mixture on health 
        or the environment can reasonably be determined or 
        predicted, and
          [(viii) the reasonably foreseeable availability of 
        facilities and personnel for performing testing on the 
        substance or mixture.
[The recommendations of the committee shall be in the form of a 
list of chemical substances and mixtures which shall be set 
forth, either by individual substance or mixture or by groups 
of substances or mixtures, in the order in which the committee 
determines the Administrator should take action under 
subsection (a) with respect to the substances and mixtures. In 
establishing such list, the committee shall give priority 
attention to those chemical substances and mixtures which are 
known to cause or contribute to or which are suspected of 
causing or contributing to cancer, gene mutations, or birth 
defects. The committee shall designate chemical substances and 
mixtures on the list with respect to which the committee 
determines the Administrator should, within 12 months of the 
date on which such substances and mixtures are first 
designated, initiate a proceeding under subsection (a). The 
total number of chemical substances and mixtures on the list 
which are designated under the preceding sentence may not, at 
any time, exceed 50.
    [(B) As soon as practicable but not later than nine months 
after the effective date of this Act, the committee shall 
publish in the Federal Register and transmit to the 
Administrator the list and designations required by 
subparagraph (A) together with the reasons for the committee's 
inclusion of each chemical substance or mixture on the list. At 
least every six months after the date of the transmission to 
the Administrator of the list pursuant to the preceeding\1\ 
sentence, the committee shall make such revisions in the list 
as it determines to be necessary and shall transmit them to the 
Administrator together with the committee's reasons for the 
revisions. Upon receipt of any such revision, the Administrator 
shall publish in the Federal Register the list with such 
revision, the reasons for such revision, and the designations 
made under subparagraph (A). The Administrator shall provide 
reasonable opportunity to any interested person to file with 
the Administrator written comments on the committee's list, any 
revision of such list by the committee, and designations made 
by the committee, and shall make such comments available to the 
public. Within the 12-month period beginning on the date of the 
first inclusion on the list of a chemical substance or mixture 
designated by the committee under subparagraph (A) the 
Administrator shall with respect to such chemical substance or 
mixture either initiate a rulemaking proceeding under 
subsection (a) or if such a proceeding is not initiated within 
such period, publish in the Federal Register the 
Administrator's reason for not initiating such a proceeding.
---------------------------------------------------------------------------
    \1\So in law. Probably should be ``preceding''.
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    [(2)(A) The committee established by paragraph (1)(A) shall 
consist of eight members as follows:
          [(i) One member appointed by the Administrator from 
        the Environmental Protection Agency.
          [(ii) One member appointed by the Secretary of Labor 
        from officers or employees of the Department of Labor 
        engaged in the Secretary's activities under the 
        Occupational Safety and Health Act of 1970.
          [(iii) One member appointed by the Chairman of the 
        Council on Environmental Quality from the Council or 
        its officers or employees.
          [(iv) One member appointed by the Director of the 
        National Institute for Occupational Safety and Health 
        from officers or employees of the Institute.
          [(v) One member appointed by the Director of the 
        National Institute of Environmental Health Sciences 
        from officers or employees of the Institute.
          [(vi) One member appointed by the Director of the 
        National Cancer Institute from officers or employees of 
        the Institute.
          [(vii) One member appointed by the Director of the 
        National Science Foundation from officers or employees 
        of the Foundation.
          [(viii) One member appointed by the Secretary of 
        Commerce from officers or employees of the Department 
        of Commerce.
    [(B)(i) An appointed member may designate an individual to 
serve on the committee on the member's behalf. Such a 
designation may be made only with the approval of the 
applicable appointing authority and only if the individual is 
from the entity from which the member was appointed.
    [(ii) No individual may serve as a member of the committee 
for more than four years in the aggregate. If any member of the 
committee leaves the entity from which the member was 
appointed, such member may not continue as a member of the 
committee, and the member's position shall be considered to be 
vacant. A vacancy in the committee shall be filled in the same 
manner in which the original appointment was made.
    [(iii) Initial appointments to the committee shall be made 
not later than the 60th day after the effective date of this 
Act. Not later than the 90th day after such date the members of 
the committee shall hold a meeting for the selection of a 
chairperson from among their number.
    [(C)(i) No member of the committee, or designee of such 
member, shall accept employment or compensation from any person 
subject to any requirement of this Act or of any rule 
promulgated or order issued thereunder, for a period of at 
least 12 months after termination of service on the committee.
    [(ii) No person, while serving as a member of the 
committee, or designee of such member, may own any stocks or 
bonds, or have any pecuniary interest, of substantial value in 
any person engaged in the manufacture, processing, or 
distribution in commerce of any chemical substance or mixture 
subject to any requirement of this Act or of any rule 
promulgated or order issued thereunder.
    [(iii) The Administrator, acting through attorneys of the 
Environmental Protection Agency, or the Attorney General may 
bring an action in the appropriate district court of the United 
States to restrain any violation of this subparagraph.
    [(D) The Administrator shall provide the committee such 
administrative support services as may be necessary to enable 
the committee to carry out its function under this subsection.
    [(f) Required Actions.--Upon the receipt of--
          [(1) any test data required to be submitted under 
        this Act, or
          [(2) any other information available to the 
        Administrator, which indicates to the Administrator 
        that there may be a reasonable basis to conclude that a 
        chemical substance or mixture presents or will present 
        a significant risk of serious or widespread harm to 
        human beings from cancer, gene mutations, or birth 
        defects, the Administrator shall, within the 180-day 
        period beginning on the date of the receipt of such 
        data or information, initiate appropriate action under 
        section 5, 6, or 7 to prevent or reduce to a sufficient 
        extent such risk or publish in the Federal Register a 
        finding that such risk is not unreasonable. For good 
        cause shown the Administrator may extend such period 
        for an additional period of not more than 90 days. The 
        Administrator shall publish in the Federal Register 
        notice of any such extension and the reasons therefor. 
        A finding by the Administrator that a risk is not 
        unreasonable shall be considered agency action for 
        purposes of judicial review under chapter 7 of title 5, 
        United States Code. This subsection shall not take 
        effect until two years after the effective date of this 
        Act.
    [(g) Petition for Standards for the Development of Test 
Data.--A person intending to manufacture or process a chemical 
substance for which notice is required under section 5(a) and 
who is not required under a rule under subsection (a) to 
conduct tests and submit data on such substance may petition 
the Administrator to prescribe standards for the development of 
test data for such substance. The Administrator shall by order 
either grant or deny any such petition within 60 days of its 
receipt. If the petition is granted, the Administrator shall 
prescribe such standards for such substance within 75 days of 
the date the petition is granted. If the petition is denied, 
the Administrator shall publish, subject to section 14, in the 
Federal Register the reasons for such denial.]

SEC. 4. MINIMUM INFORMATION SETS AND TESTING OF CHEMICAL SUBSTANCES.

  (a) Minimum Information Sets.--
          (1) Rule.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), and not later than 1 year after the 
                date of enactment of the Safe Chemicals Act of 
                2011, the Administrator shall establish, by 
                rule, such minimum information sets as the 
                Administrator determines to be appropriate to 
                evaluate chemical substances under sections 5 
                and 6.
                  (B) General requirements.--The rule 
                promulgated pursuant to subparagraph (A) 
                shall--
                          (i) provide for varied or tiered 
                        information to be provided for 
                        different chemical substances;
                          (ii) identify the particular minimum 
                        information set that applies to a 
                        chemical substance;
                          (iii) require each minimum 
                        information set to include sufficient 
                        information for the Administrator to 
                        conduct a screening-level risk 
                        assessment of the chemical substance, 
                        including information on the 
                        characteristics, toxicological 
                        properties, environmental and 
                        biological fate and behavior, exposure, 
                        and use of a chemical substance;
                          (iv) specify information quality and 
                        reliability requirements applicable to 
                        the information submitted in the 
                        minimum information sets; and
                          (v) accommodate the use of 
                        alternative testing methods and testing 
                        strategies to generate information 
                        quickly, at low cost, and with reduced 
                        use of animal-based testing, including 
                        toxicity pathway-based risk assessment, 
                        in vitro studies, systems biology, 
                        computational toxicology, 
                        bioinformatics, and high-throughput 
                        screening, to the extent such methods 
                        and strategies would yield information 
                        of equivalent quality and reliability.
                  (C) Specific requirements.--The rule 
                promulgated pursuant to subparagraph (A) shall 
                establish minimum information sets sufficient 
                for the Administrator to administer this Act, 
                including to carry out--
                          (i) categorization of new chemical 
                        substances under section 5(b)(2), 
                        including the identification of 
                        information--
                                  (I) sufficiently robust to 
                                generally support the 
                                categorization of a new 
                                chemical substance as a 
                                substance of very low concern 
                                under section 
                                5(b)(2)(D)(iii)(II); and
                                  (II) in the absence of which 
                                the Administrator shall 
                                designate a new chemical 
                                substance to be a substance 
                                with insufficient information 
                                under section 5(b)(2)(D)(iv);
                          (ii) categorization of existing 
                        chemical substances under section 
                        6(b)(3), including the identification 
                        of information--
                                  (I) sufficiently robust to 
                                generally support the 
                                categorization of an existing 
                                chemical substance as a 
                                substance of very low concern 
                                under section 6(b)(3)(B)(ii); 
                                and
                                  (II) in the absence of which 
                                the Administrator shall 
                                designate an existing chemical 
                                substance to be a substance 
                                with insufficient information 
                                under section 6(b)(3)(B)(iv);
                          (iii) assignment of chemical 
                        substances to priority classes under 
                        section 6(b)(4);
                          (iv) safety standard determinations--
                                  (I) for new uses of existing 
                                chemical substances under 
                                section 5(b)(2); and
                                  (II) for chemical substances 
                                under section 6(d); and
                          (v) safety standard redeterminations 
                        under section 6(d)(5)(E).
          (2) Submission of minimum information set.--Each 
        manufacturer and processor of a chemical substance 
        shall submit the minimum information set for the 
        chemical substance to the Administrator--
                  (A) for new chemical substances, concurrent 
                with the notice required under section 
                (5)(b)(1)(A); and
                  (B) for existing chemical substances, as 
                specified in section 6 or otherwise specified 
                by the Administrator in the rule promulgated 
                pursuant to paragraph (1)(A).
          (3) Prohibition.--In addition to any other 
        authorities available under this Act, the Administrator 
        may, by order, take any action authorized under section 
        6(f) if a manufacturer or processor is in violation of 
        paragraph (2).
  (b) Testing.--
          (1) General submissions.--
                  (A) In general.--The Administrator may, by 
                rule or order, require testing with respect to 
                any chemical substance, and the submission of 
                test results by a specified date, as 
                appropriate for making any determination or 
                carrying out any provision of this Act. Such 
                testing may be required--
                          (i) to provide information in 
                        addition to the information specified 
                        in any applicable minimum information 
                        set under subsection (a); and
                          (ii) of persons to whom the 
                        Administrator decides not to apply a 
                        requirement to submit a minimum 
                        information set under subsection (a).
                  (B) Effect on other authority.--Nothing in 
                this paragraph limits the authority of the 
                Administrator under paragraph (2).
          (2) Sample submissions.--
                  (A) In general.--The Administrator may, by 
                rule or order, require the submission of a 
                sample of any chemical substance in such manner 
                as the Administrator determines enables the 
                Administrator to conduct any tests necessary 
                for making any determination or carrying out 
                any provision of this Act.
                  (B) Effect on other authority.--Nothing in 
                this paragraph limits the authority of the 
                Administrator under paragraph (1).
          (3) Prohibition.--In addition to any other 
        authorities available under this Act, the Administrator 
        may, by order, take any action authorized under section 
        6(f) if a manufacturer or processor is in violation of 
        a rule or order under paragraph (1).
          (4) Exemption.--If a manufacturer or processor ceases 
        all manufacture or processing of a chemical substance 
        pursuant to its submission of a declaration of 
        cessation of manufacture or processing under section 
        8(b)(4) for the chemical substance, the manufacturer or 
        processor shall be exempted from the requirements of 
        this subsection.
  (c) Test Rules or Orders.--
          (1) In general.--A rule or order issued under 
        subsection (b) shall include--
                  (A) identification of the chemical substance 
                for which testing is required under the rule or 
                order;
                  (B) standards for the development of test 
                information for that substance; and
                  (C) a specification of the period (which may 
                not be of unreasonable duration) within which 
                the persons required to conduct the testing 
                shall submit to the Administrator information 
                developed in accordance with the standards 
                referred to in subparagraph (B).
          (2) Considerations.--
                  (A) In general.--In determining the standards 
                and period to be required under subparagraphs 
                (B) and (C) of paragraph (1), the Administrator 
                shall consider--
                          (i) the relative costs of the various 
                        test protocols and methodologies that 
                        may be required under the rule or 
                        order; and
                          (ii) the reasonably foreseeable 
                        availability of the facilities and 
                        personnel needed to perform the testing 
                        required under the rule.
                  (B) Preliminary information.--Any rule or 
                order issued by the Administrator under this 
                subsection may require a manufacturer or 
                processor to submit preliminary information 
                during the period described in paragraph 
                (1)(C).
          (3) Types of health and environmental information.--
                  (A) In general.--The Administrator may 
                prescribe standards for the development of test 
                information under this subsection for health 
                and environmental information, including--
                          (i) information pertaining to 
                        carcinogenesis, mutagenesis, 
                        teratogenesis, behavioral disorders, or 
                        cumulative, synergistic, or any other 
                        effect that may be considered in a 
                        safety standard determination;
                          (ii) information pertaining to 
                        exposure to the chemical substance, 
                        including information regarding the 
                        presence of the chemical substance in 
                        human blood, fluids, or tissue; and
                          (iii) information pertaining to--
                                  (I) bioaccumulation;
                                  (II) persistence;
                                  (III) acute toxicity;
                                  (IV) subacute toxicity;
                                  (V) chronic toxicity; and
                                  (VI) any other characteristic 
                                that may present an adverse 
                                effect.
                  (B) Methodologies.--
                          (i) In general.--The Administrator 
                        may prescribe methodologies in 
                        standards for the development of test 
                        information, including--
                                  (I) epidemiologic studies;
                                  (II) biomonitoring or 
                                environmental monitoring 
                                studies;
                                  (III) serial or hierarchical 
                                tests;
                                  (IV) in vitro tests;
                                  (V) whole animal tests, 
                                consistent with section 30; and
                                  (VI) any other methodology 
                                deemed appropriate by the 
                                Administrator.
                          (ii) Requirement.--Prior to 
                        prescribing epidemiologic studies of 
                        employees, the Administrator shall 
                        consult with the Director of the 
                        National Institute for Occupational 
                        Safety and Health.
                  (C) Review.--Periodically, but not less 
                frequently than once every 3 years, the 
                Administrator shall--
                          (i) review the adequacy of the 
                        standards for development of 
                        information prescribed under 
                        subparagraph (A); and
                          (ii) if necessary, institute 
                        proceedings to make appropriate 
                        revisions of those standards.
          (4) Persons required to conduct tests and submit 
        information.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a rule or order under 
                subsection (b) respecting a chemical substance 
                shall specify the persons required to conduct 
                tests and submit information to the 
                Administrator on the substance.
                  (B) Exception.--The Administrator may permit 
                2 or more of the persons described in 
                subparagraph (A) to designate 1 of the persons 
                or a qualified third party to conduct the tests 
                and submit the information on behalf of the 
                persons making the designation.
                  (C) Liability.--All persons described in 
                subparagraphs (A) and (B) shall remain liable 
                for compliance with any requirements subject to 
                the designation.
          (5) Expiration of rules and orders.--
                  (A) In general.--Any rule or order under 
                subsection (b) that requires the testing and 
                submission of information for a particular 
                chemical substance shall expire at the end of 
                the applicable reimbursement period (as defined 
                in subsection (d)(3)) unless, prior to that 
                date, the Administrator withdraws the rule or 
                order.
                  (B) Category of chemical substances.--A rule 
                or order under subsection (b) that requires the 
                testing and submission of information for a 
                category of chemical substances shall expire 
                with respect to a chemical substance included 
                in the category at the end of the applicable 
                reimbursement period (as defined in subsection 
                (d)(3)) unless, prior to that date, the 
                Administrator withdraws the rule or order with 
                respect to the substance entirely.
  (d) Exemptions.--
          (1) In general.--Any person required by a rule or 
        order under subsections (a) or (b) to conduct tests and 
        submit information for a chemical substance may apply 
        to the Administrator (in such form and manner as the 
        Administrator determines necessary) for an exemption 
        from the requirement.
          (2) Action by administrator.--In accordance with 
        paragraph (3) or (4), the Administrator shall exempt an 
        applicant under paragraph (1), if, on receipt of the 
        application, the Administrator determines that--
                  (A) the chemical substance for which the 
                application was submitted is equivalent to a 
                chemical substance for which--
                          (i) information has been submitted to 
                        the Administrator in accordance with a 
                        rule or order under subsection (a) or 
                        (b); or
                          (ii) information is being developed 
                        in accordance with the rule or order; 
                        and
                  (B) submission of information by the 
                applicant for the substance would be 
                duplicative of information that--
                          (i) has been submitted to the 
                        Administrator in accordance with the 
                        rule or order under subsection (a) or 
                        (b); or
                          (ii) is being developed in accordance 
                        with the rule or order.
          (3) Reimbursement due to exemption.--
                  (A) Definition of reimbursement period.--In 
                this paragraph, the term `reimbursement 
                period', with respect to any test information 
                for a chemical substance, means a period that--
                          (i) begins on the date on which the 
                        test information is submitted in 
                        accordance with a rule or order issued 
                        under subsection (a) or (b); and
                          (ii) ends on the later of--
                                  (I) 5 years after the date 
                                referred to in clause (i); and
                                  (II) the date which, as 
                                determined by the 
                                Administrator, provides the 
                                applicant with a time period 
                                which is sufficient to develop 
                                the test information.
                  (B) Reimbursement for previously submitted 
                test information.--
                          (i) In general.--Except as provided 
                        in clause (ii), for an exemption under 
                        paragraph (2)(B)(i), if the exemption 
                        is granted during the reimbursement 
                        period for the test information, the 
                        Administrator shall order the person 
                        granted the exemption to provide fair 
                        and equitable reimbursement (in an 
                        amount determined by the Administrator) 
                        to--
                                  (I) the person who previously 
                                submitted the test information, 
                                for a portion of the costs 
                                incurred by the person in 
                                complying with the information 
                                submission requirement; and
                                  (II) any other person who has 
                                been required under this 
                                subsection to contribute with 
                                respect to the costs, for a 
                                portion of the amount the 
                                person was required to 
                                contribute.
                          (ii) Exception.--Clause (i) shall not 
                        apply if there is agreement on the 
                        amount and method of reimbursement 
                        between an exempted person described in 
                        clause (i) and the persons described in 
                        subclauses (I) and (II) of that clause.
                          (iii) Considerations.--In 
                        promulgating rules for the 
                        determination of fair and equitable 
                        reimbursement to the persons described 
                        in subclauses (I) and (II) of clause 
                        (i) for costs incurred with respect to 
                        a chemical substance, the Administrator 
                        shall, after consultation with the 
                        Attorney General and the Federal Trade 
                        Commission, consider all relevant 
                        factors, including--
                                  (I) the effect on the 
                                competitive position of the 
                                person required to provide 
                                reimbursement in relation to 
                                the person to be reimbursed; 
                                and
                                  (II) the share of the market 
                                for the substance of the person 
                                required to provide 
                                reimbursement in relation to 
                                the share of the market of the 
                                persons to be reimbursed.
                  (C) Reimbursement due to exemption for test 
                information being developed in accordance with 
                rule or order.--
                          (i) In general.--Except as provided 
                        in clause (ii), for an exemption under 
                        paragraph (2)(B)(ii), the Administrator 
                        shall order the person granted the 
                        exemption to provide fair and equitable 
                        reimbursement (in an amount determined 
                        by the Administrator) to--
                                  (I) each person who is 
                                developing the test 
                                information, for the portion of 
                                the costs incurred by each 
                                person in complying with the 
                                rule or order; and
                                  (II) any other person who has 
                                been required under this 
                                subsection to contribute with 
                                respect to the costs of 
                                complying with the rule or 
                                order, for a portion of the 
                                amount the person was required 
                                to contribute.
                          (ii) Exception.--Clause (i) shall not 
                        apply if there is agreement on the 
                        amount and method of reimbursement 
                        between an exempted person described in 
                        clause (i) and the persons described in 
                        subclauses (I) and (II) of that clause.
                          (iii) Considerations.--In 
                        promulgating rules for the 
                        determination of fair and equitable 
                        reimbursement to the persons described 
                        in subclauses (I) and (II) of clause 
                        (i) for costs incurred with respect to 
                        a chemical substance, the Administrator 
                        shall, after consultation with the 
                        Attorney General and the Federal Trade 
                        Commission, consider the factors 
                        described in subparagraph (B)(iii).
                          (iv) Lack of compliance.--If any 
                        exemption is granted under paragraph 
                        (2) on the basis that 1 or more persons 
                        are developing test information 
                        pursuant to a rule or order promulgated 
                        or issued under subsection (a) or (b), 
                        and after the exemption is granted, the 
                        Administrator determines that no person 
                        has complied with the rule or order, 
                        the Administrator shall--
                                  (I) after providing written 
                                notice and an opportunity for a 
                                hearing to the person who holds 
                                the exemption, by order, 
                                terminate the exemption; and
                                  (II) notify in writing the 
                                person of the requirements of 
                                the rule or order with respect 
                                to which the exemption was 
                                granted.
  (e) Notice.--
          (1) In general.--Not later than 15 days after the 
        date of receipt of any test information pursuant to a 
        rule or order under subsection (a) or (b), the 
        Administrator shall publish in the Federal Register a 
        notice of the receipt of the test information.
          (2) Requirements.--Subject to section 14, each notice 
        shall--
                  (A) identify the chemical substance for which 
                information has been received;
                  (B) list--
                          (i) the commercial and consumer uses 
                        or intended commercial and consumer 
                        uses of the substance known to the 
                        Administrator; and
                          (ii) the information required by the 
                        applicable standards for the 
                        development of test information; and
                  (C) describe the nature of the test 
                information developed.
          (3) Availability.--Subject to section 14, the 
        Administrator shall make the test information described 
        in this subsection available on a publicly accessible 
        Internet site.
  (f) Requests From Other Agencies for Additional Information 
or Testing.--
          (1) In general.--The head of a Federal agency may 
        request the Administrator to seek the information on 
        behalf of that agency if the head of that Federal 
        agency determines that--
                  (A) information relating to a chemical 
                substance, including information derived from 
                new testing or monitoring, would assist that 
                Federal agency in carrying out the duties or 
                exercising the authority of that agency; but
                  (B) the requested information is not 
                available to that agency.
          (2) Duty of administrator.--Not later than 60 days 
        after the date of receipt of a request under paragraph 
        (1), the Administrator shall--
                  (A) subject to section 14, make the 
                information available to the requesting agency 
                or institution;
                  (B) issue a request under section 8(k) to 
                require--
                          (i) the submission of existing 
                        pertinent information to the 
                        Administrator; and
                          (ii) a copy of any such submission to 
                        be furnished to the requesting agency 
                        or institution;
                  (C) issue a rule or order under subsection 
                (b)--
                          (i) to develop the information; and
                          (ii) to require the developed 
                        information to be furnished to the 
                        requesting agency or institution; or
                  (D) publish in the Federal Register the 
                reason for which none of the actions described 
                in this paragraph were taken.
  (g) Certification.--Each person who submits information under 
this section or under a rule or an order promulgated or issued 
by the Administrator under this section shall accompany the 
information with a certification signed by a responsible 
official that each statement contained in the submission--
          (1) is accurate and reliable; and
          (2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable 
        by, the person.

[SEC. 5. MANUFACTURING AND PROCESSING NOTICES.

    [(a) In General.--(1) Except as provided in subsection (h), 
no person may--
          [(A) manufacture a new chemical substance on or after 
        the 30th day after the date on which the Administrator 
        first publishes the list required by section 8(b), or
          [(B) manufacture or process any chemical substance 
        for a use which the Administrator has determined, in 
        accordance with paragraph (2), is a significant new 
        use,
unless such person submits to the Administrator, at least 90 
days before such manufacture or processing, a notice, in 
accordance with subsection (d), of such person's intention to 
manufacture or process such substance and such person complies 
with any applicable requirement of subsection (b).
    [(2) A determination by the Administrator that a use of a 
chemical substance is a significant new use with respect to 
which notification is required under paragraph (1) shall be 
made by a rule promulgated after a consideration of all 
relevant factors, including--
          [(A) the projected volume of manufacturing and 
        processing of a chemical substance,
          [(B) the extent to which a use changes the type or 
        form of exposure of human beings or the environment to 
        a chemical substance,
          [(C) the extent to which a use increases the 
        magnitude and duration of exposure of human beings or 
        the environment to a chemical substance, and
          [(D) the reasonably anticipated manner and methods of 
        manufacturing, processing, distribution in commerce, 
        and disposal of a chemical substance.
    [(b) Submission of Test Data.--(1)(A) If (i) a person is 
required by subsection (a)(1) to submit a notice to the 
Administrator before beginning the manufacture or processing of 
a chemical substance, and (ii) such person is required to 
submit test data for such substance pursuant to a rule 
promulgated under section 4 before the submission of such 
notice, such person shall submit to the Administrator such data 
in accordance with such rule at the time notice is submitted in 
accordance with subsection (a)(1).
    [(B) If--
          [(i) a person is required by subsection (a)(1) to 
        submit a notice to the Administrator, and
          [(ii) such person has been granted an exemption under 
        section 4(c) from the requirements of a rule 
        promulgated under section 4 before the submission of 
        such notice,
such person may not, before the expiration of the 90-day period 
which begins on the date of the submission in accordance with 
such rule of the test data the submission or development of 
which was the basis for the exemption, manufacture such 
substance if such person is subject to subsection (a)(1)(A) or 
manufacture or process such substance for a significant new use 
if the person is subject to subsection (a)(1)(B).
    [(2)(A) If a person--
          [(i) is required by subsection (a)(1) to submit a 
        notice to the Administrator before beginning the 
        manufacture or processing of a chemical substance 
        listed under paragraph (4), and
          [(ii) is not required by a rule promulgated under 
        section 4 before the submission of such notice to 
        submit test data for such substance, such person shall 
        submit to the Administrator data prescribed by 
        subparagraph (B) at the time notice is submitted in 
        accordance with subsection (a)(1).
    [(B) Data submitted pursuant to subparagraph (A) shall be 
data which the person submitting the data believes show that--
          [(i) in the case of a substance with respect to which 
        notice is required under subsection (a)(1)(A), the 
        manufacture, processing, distribution in commerce, use, 
        and disposal of the chemical substance or any 
        combination of such activities will not present an 
        unreasonable risk of injury to health or the 
        environment, or
          [(ii) in the case of a chemical substance with 
        respect to which notice is required under subsection 
        (a)(1)(B), the intended significant new use of the 
        chemical substance will not present an unreasonable 
        risk of injury to health or the environment.
    [(3) Data submitted under paragraph (1) or (2) shall be 
made available, subject to section 14, for examination by 
interested persons.
    [(4)(A)(i) The Administrator may, by rule, compile and keep 
current a list of chemical substances with respect to which the 
Administrator finds that the manufacture, processing, 
distribution in commerce, use, or disposal, or any combination 
of such activities, presents or may present an unreasonable 
risk of injury to health or the environment.
    [(ii) In making a finding under clause (i) that the 
manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or any combination of such 
activities presents or may present an unreasonable risk of 
injury to health or the environment, the Administrator shall 
consider all relevant factors, including--
          [(I) the effects of the chemical substance on health 
        and the magnitude of human exposure to such substance; 
        and
          [(II) the effects of the chemical substance on the 
        environment and the magnitude of environmental exposure 
        to such substance.
    [(B) The Administrator shall, in prescribing a rule under 
subparagraph (A) which lists any chemical substance, identify 
those uses, if any, which the Administrator determines, by rule 
under subsection (a)(2), would constitute a significant new use 
of such substance.
    [(C) Any rule under subparagraph (A), and any substantive 
amendment or repeal of such a rule, shall be promulgated 
pursuant to the procedures specified in section 553 of title 5, 
United States Code, except that (i) the Administrator shall 
give interested persons an opportunity for the oral 
presentation of data, views, or arguments, in addition to an 
opportunity to make written submissions, (ii) a transcript 
shall be kept of any oral presentation, and (iii) the 
Administrator shall make and publish with the rule the finding 
described in subparagraph (A).
    [(c) Extension of Notice Period.--The Administrator may for 
good cause extend for additional periods (not to exceed in the 
aggregate 90 days) the period, prescribed by subsection (a) or 
(b) before which the manufacturing or processing of a chemical 
substance subject to such subsection may begin. Subject to 
section 14, such an extension and the reasons therefor shall be 
published in the Federal Register and shall constitute a final 
agency action subject to judicial review.
    [(d) Content of Notice; Publications in the Federal 
Register.--(1) The notice required by subsection (a) shall 
include--
          [(A) insofar as known to the person submitting the 
        notice or insofar as reasonably ascertainable, the 
        information described in subparagraphs (A), (B), (C), 
        (D), (F), and (G) of section 8(a)(2), and
          [(B) in such form and manner as the Administrator may 
        prescribe, any test data in the possession or control 
        of the person giving such notice which are related to 
        the effect of any manufacture, processing, distribution 
        in commerce, use, or disposal of such substance or any 
        article containing such substance, or of any 
        combination of such activities, on health or the 
        environment, and
          [(C) a description of any other data concerning the 
        environmental and health effects of such substance, 
        insofar as known to the person making the notice or 
        insofar as reasonably ascertainable. Such a notice 
        shall be made available, subject to section 14, for 
        examination by interested persons.
    [(2) Subject to section 14, not later than five days 
(excluding Saturdays, Sundays and legal holidays) after the 
date of the receipt of a notice under subsection (a) or of data 
under subsection (b), the Administrator shall publish in the 
Federal Register a notice which--
          [(A) identifies the chemical substance for which 
        notice or data has been received;
          [(B) lists the uses or intended uses of such 
        substance; and
          [(C) in the case of the receipt of data under 
        subsection (b), describes the nature of the tests 
        performed on such substance and any data which was 
        developed pursuant to subsection (b) or a rule under 
        section 4.
A notice under this paragraph respecting a chemical substance 
shall identify the chemical substance by generic class unless 
the Administrator determines that more specific identification 
is required in the public interest.
    [(3) At the beginning of each month the Administrator shall 
publish a list in the Federal Register of (A) each chemical 
substance for which notice has been received under subsection 
(a) and for which the notification period prescribed by 
subsection (a), (b), or (c) has not expired, and (B) each 
chemical substance for which such notification period has 
expired since the last publication in the Federal Register of 
such list.
    [(e) Regulation Pending Development of Information.--(1)(A) 
If the Administrator determines that--
          [(i) the information available to the Administrator 
        is insufficient to permit a reasoned evaluation of the 
        health and environmental effects of a chemical 
        substance with respect to which notice is required by 
        subsection (a); and
          [(ii)(I) in the absence of sufficient information to 
        permit the Administrator to make such an evaluation, 
        the manufacture, processing, distribution in commerce, 
        use, or disposal of such substance, or any combination 
        of such activities, may present an unreasonable risk of 
        injury to health or the environment, or
          [(II) such substance is or will be produced in 
        substantial quantities, and such substance either 
        enters or may reasonably be anticipated to enter the 
        environment in substantial quantities or there is or 
        may be significant or substantial human exposure to the 
        substance,the Administrator may issue a proposed order, 
        to take effect on the expiration of the notification 
        period applicable to the manufacturing or processing of 
        such substance under subsection (a), (b), or (c), to 
        prohibit or limit the manufacture, processing, 
        distribution in commerce, use, or disposal of such 
        substance or to prohibit or limit any combination of 
        such activities.
    [(B) A proposed order may not be issued under subparagraph 
(A) respecting a chemical substance (i) later than 45 days 
before the expiration of the notification period applicable to 
the manufacture or processing of such substance under 
subsection (a), (b), or (c), and (ii) unless the Administrator 
has, on or before the issuance of the proposed order, notified, 
in writing, each manufacturer or processor, as the case may be, 
of such substance of the determination which underlies such 
order.
    [(C) If a manufacturer or processor of a chemical substance 
to be subject to a proposed order issued under subparagraph (A) 
files with the Administrator (within the 30-day period 
beginning on the date such manufacturer or processor received 
the notice required by subparagraph (B)(ii)) objections 
specifying with particularity the provisions of the order 
deemed objectionable and stating the grounds therefor, the 
proposed order shall not take effect.
    [(2)(A)(i) Except as provided in clause (ii), if with 
respect to a chemical substance with respect to which notice is 
required by subsection (a), the Administrator makes the 
determination described in paragraph (1)(A) and if--
          [(I) the Administrator does not issue a proposed 
        order under paragraph (1) respecting such substance, or
          [(II) the Administrator issues such an order 
        respecting such substance but such order does not take 
        effect because objections were filed under paragraph 
        (1)(C) with respect to it,the Administrator, through 
        attorneys of the Environmental Protection Agency, shall 
        apply to the United States District Court for the 
        District of Columbia or the United States district 
        court for the judicial district in which the 
        manufacturer or processor, as the case may be, of such 
        substance is found, resides, or transacts business for 
        an injunction to prohibit or limit the manufacture, 
        processing, distribution in commerce, use, or disposal 
        of such substance (or to prohibit or limit any 
        combination of such activities).
    [(ii) If the Administrator issues a proposed order under 
paragraph (1)(A) respecting a chemical substance but such order 
does not take effect because objections have been filed under 
paragraph (1)(C) with respect to it, the Administrator is not 
required to apply for an injunction under clause (i) respecting 
such substance if the Administrator determines, on the basis of 
such objections, that the determinations under paragraph (1)(A) 
may not be made.
    [(B) A district court of the United States which receives 
an application under subparagraph (A)(i) for an injunction 
respecting a chemical substance shall issue such injunction if 
the court finds that--
          [(i) the information available to the Administrator 
        is insufficient to permit a reasoned evaluation of the 
        health and environmental effects of a chemical 
        substance with respect to which notice is required by 
        subsection (a); and
          [(ii)(I) in the absence of sufficient information to 
        permit the Administrator to make such an evaluation, 
        the manufacture, processing, distribution in commerce, 
        use, or disposal of such substance, or any combination 
        of such activities, may present an unreasonable risk of 
        injury to health or the environment, or
          [(II) such substance is or will be produced in 
        substantial quantities, and such substance either 
        enters or may reasonably be anticipated to enter the 
        environment in substantial quantities or there is or 
        may be significant or substantial human exposure to the 
        substance.
    [(C) Pending the completion of a proceeding for the 
issuance of an injunction under subparagraph (B) respecting a 
chemical substance, the court may, upon application of the 
Administrator made through attorneys of the Environmental 
Protection Agency, issue a temporary restraining order or a 
preliminary injunction to prohibit the manufacture, processing, 
distribution in commerce, use, or disposal of such a substance 
(or any combination of such activities) if the court finds that 
the notification period applicable under subsection (a), (b), 
or (c) to the manufacturing or processing of such substance may 
expire before such proceeding can be completed.
    [(D) After the submission to the Administrator of test data 
sufficient to evaluate the health and environmental effects of 
a chemical substance subject to an injunction issued under 
subparagraph (B) and the evaluation of such data by the 
Administrator, the district court of the United States which 
issued such injunction shall, upon petition, dissolve the 
injunction unless the Administrator has initiated a proceeding 
for the issuance of a rule under section 6(a) respecting the 
substance. If such a proceeding has been initiated, such court 
shall continue the injunction in effect until the effective 
date of the rule promulgated in such proceeding or, if such 
proceeding is terminated without the promulgation of a rule, 
upon the termination of the proceeding, whichever occurs first.
    [(f) Protection Against Unreasonable Risks.--(1) If the 
Administrator finds that there is a reasonable basis to 
conclude that the manufacture, processing, distribution in 
commerce, use, or disposal of a chemical substance with respect 
to which notice is required by subsection (a), or that any 
combination of such activities, presents or will present an 
unreasonable risk of injury to health or environment before a 
rule promulgated under section 6 can protect against such risk, 
the Administrator shall, before the expiration of the 
notification period applicable under subsection (a), (b), or 
(c) to the manufacturing or processing of such substance, take 
the action authorized by paragraph (2) or (3) to the extent 
necessary to protect against such risk.
    [(2) The Administrator may issue a proposed rule under 
section 6(a) to apply to a chemical substance with respect to 
which a finding was made under paragraph (1)--
          [(A) a requirement limiting the amount of such 
        substance which may be manufactured, processed, or 
        distributed in commerce,
          [(B) a requirement described in paragraph (2), (3), 
        (4), (5), (6), or (7) of section 6(a), or
          [(C) any combination of the requirements referred to 
        in subparagraph (B). Such a proposed rule shall be 
        effective upon its publication in the Federal Register. 
        Section 6(d)(2)(B) shall apply with respect to such 
        rule.
    [(3)(A) The Administrator may--
          [(i) issue a proposed order to prohibit the 
        manufacture, processing, or distribution in commerce of 
        a substance with respect to which a finding was made 
        under paragraph (1), or
          [(ii) apply, through attorneys of the Environmental 
        Protection Agency, to the United States District Court 
        for the District of Columbia or the United States 
        district court for the judicial district in which the 
        manufacturer, or processor, as the case may be, of such 
        substance, is found, resides, or transacts business for 
        an injunction to prohibit the manufacture, processing, 
        or distribution in commerce of such substance. A 
        proposed order issued under clause (i) respecting a 
        chemical substance shall take effect on the expiration 
        of the notification period applicable under subsection 
        (a), (b), or (c) to the manufacture or processing of 
        such substance.
    [(B) If the district court of the United States to which an 
application has been made under subparagraph (A)(ii) finds that 
there is a reasonable basis to conclude that the manufacture, 
processing, distribution in commerce, use, or disposal of the 
chemical substance with respect to which such application was 
made, or that any combination of such activities, presents or 
will present an unreasonable risk of injury to health or the 
environment before a rule promulgated under section 6 can 
protect against such risk, the court shall issue an injunction 
to prohibit the manufacture, processing or distribution in 
commerce of such substance or to prohibit any combination of 
such activities.
    [(C) The provisions of subparagraphs (B) and (C) of 
subsection (e)(1) shall apply with respect to an order issued 
under clause (i) of subparagraph (A); and the provisions of 
subparagraph (C) of subsection (e)(2) shall apply with respect 
to an injunction issued under subparagraph (B).
    [(D) If the Administrator issues an order pursuant to 
subparagraph (A)(i) respecting a chemical substance and 
objections are filed in accordance with subsection (e)(1)(C), 
the Administrator shall seek an injunction under subparagraph 
(A)(ii) respecting such substance unless the Administrator 
determines, on the basis of such objections, that such 
substance does not or will not present an unreasonable risk of 
injury to health or the environment.
    [(g) Statement of Reasons for Not Taking Action.--If the 
Administrator has not initiated any action under this section 
or section 6 or 7 to prohibit or limit the manufacture, 
processing, distribution in commerce, use, or disposal of a 
chemical substance, with respect to which notification or data 
is required by subsection (a)(1)(B) or (b), before the 
expiration of the notification period applicable to the 
manufacturing or processing of such substance, the 
Administrator shall publish a statement of the Administrator's 
reasons for not initiating such action. Such a statement shall 
be published in the Federal Register before the expiration of 
such period. Publication of such statement in accordance with 
the preceding sentence is not a prerequisite to the 
manufacturing or processing of the substance with respect to 
which the statement is to be published.
    [(h) Exemptions.--(1) The Administrator may, upon 
application, exempt any person from any requirement of 
subsection (a) or (b) to permit such person to manufacture or 
process a chemical substance for test marketing purposes--
          [(A) upon a showing by such person satisfactory to 
        the Administrator that the manufacture, processing, 
        distribution in commerce, use, and disposal of such 
        substance, and that any combination of such activities, 
        for such purposes will not present any unreasonable 
        risk of injury to health or the environment, and
          [(B) under such restrictions as the Administrator 
        considers appropriate.
    [(2)(A) The Administrator may, upon application, exempt any 
person from the requirement of subsection (b)(2) to submit data 
for a chemical substance. If, upon receipt of an application 
under the preceding sentence, the Administrator determines 
that--
          [(i) the chemical substance with respect to which 
        such application was submitted is equivalent to a 
        chemical substance for which data has been submitted to 
        the Administrator as required by subsection (b)(2), and
          [(ii) submission of data by the applicant on such 
        substance would be duplicative of data which has been 
        submitted to the Administrator in accordance with such 
        subsection, the Administrator shall exempt the 
        applicant from the requirement to submit such data on 
        such substance. No exemption which is granted under 
        this subparagraph with respect to the submission of 
        data for a chemical substance may take effect before 
        the beginning of the reimbursement period applicable to 
        such data.
    [(B) If the Administrator exempts any person, under 
subparagraph (A), from submitting data required under 
subsection (b)(2) for a chemical substance because of the 
existence of previously submitted data and if such exemption is 
granted during the reimbursement period for such data, then 
(unless such person and the persons referred to in clauses (i) 
and (ii) agree on the amount and method of reimbursement) the 
Administrator shall order the person granted the exemption to 
provide fair and equitable reimbursement (in an amount 
determined under rules of the Administrator)--
          [(i) to the person who previously submitted the data 
        on which the exemption was based, for a portion of the 
        costs incurred by such person in complying with the 
        requirement under subsection (b)(2) to submit such 
        data, and
          [(ii) to any other person who has been required under 
        this subparagraph to contribute with respect to such 
        costs, for a portion of the amount such person was 
        required to contribute. In promulgating rules for the 
        determination of fair and equitable reimbursement to 
        the persons described in clauses (i) and (ii) for costs 
        incurred with respect to a chemical substance, the 
        Administrator shall, after consultation with the 
        Attorney General and the Federal Trade Commission, 
        consider all relevant factors, including the effect on 
        the competitive position of the person required to 
        provide reimbursement in relation to the persons to be 
        reimbursed and the share of the market for such 
        substance of the person required to provide 
        reimbursement in relation to the share of such market 
        of the persons to be reimbursed. For purposes of 
        judicial review, an order under this subparagraph shall 
        be considered final agency action.
    [(C) For purposes of this paragraph, the reimbursement 
period for any previously submitted data for a chemical 
substance is a period--
          [(i) beginning on the date of the termination of the 
        prohibition, imposed under this section, on the 
        manufacture or processing of such substance by the 
        person who submitted such data to the Administrator, 
        and
          [(ii) ending--
                  [(I) five years after the date referred to in 
                clause (i), or
                  [(II) at the expiration of a period which 
                begins on the date referred to in clause (i) 
                and is equal to the period which the 
                Administrator determines was necessary to 
                develop such data, whichever is later.
    [(3) The requirements of subsections (a) and (b) do not 
apply with respect to the manufacturing or processing of any 
chemical substance which is manufactured or processed, or 
proposed to be manufactured or processed, only in small 
quantities (as defined by the Administrator by rule) solely for 
purposes of--
          [(A) scientific experimentation or analysis, or
          [(B) chemical research on, or analysis of such 
        substance or another substance, including such research 
        or analysis for the development of a product, if all 
        persons engaged in such experimentation, research, or 
        analysis for a manufacturer or processor are notified 
        (in such form and manner as the Administrator may 
        prescribe) of any risk to health which the 
        manufacturer, processor, or the Administrator has 
        reason to believe may be associated with such chemical 
        substance.
    [(4) The Administrator may, upon application and by rule, 
exempt the manufacturer of any new chemical substance from all 
or part of the requirements of this section if the 
Administrator determines that the manufacture, processing, 
distribution in commerce, use, or disposal of such chemical 
substance, or that any combination of such activities, will not 
present an unreasonable risk of injury to health or the 
environment. A rule promulgated under this paragraph (and any 
substantive amendment to, or repeal of, such a rule) shall be 
promulgated in accordance with paragraphs (2) and (3) of 
section 6(c).
    [(5) The Administrator may, upon application, make the 
requirements of subsections (a) and (b) inapplicable with 
respect to the manufacturing or processing of any chemical 
substance (A) which exists temporarily as a result of a 
chemical reaction in the manufacturing or processing of a 
mixture or another chemical substance, and (B) to which there 
is no, and will not be, human or environmental exposure.
    [(6) Immediately upon receipt of an application under 
paragraph (1) or (5) the Administrator shall publish in the 
Federal Register notice of the receipt of such application. The 
Administrator shall give interested persons an opportunity to 
comment upon any such application and shall, within 45 days of 
its receipt, either approve or deny the application. The 
Administrator shall publish in the Federal Register notice of 
the approval or denial of such an application.
    [(i) Definition.--For purposes of this section, the terms 
``manufacture'' and ``process'' mean manufacturing or 
processing for commercial purposes.]

SEC. 5. NEW CHEMICAL SUBSTANCES AND NEW USES OF CHEMICAL SUBSTANCES.

  (a) Definitions.--In this section:
          (1) Manufacture and process.--The terms `manufacture' 
        and `process' mean manufacture or process, 
        respectively, for commercial purposes.
          (2) Test marketing.--The term `test marketing' does 
        not include any provision of a chemical substance or 
        mixture, or an article containing a chemical substance 
        or mixture, to an end consumer of the chemical 
        substance, mixture, or article.
  (b) New Chemical Substances.--
          (1) Notices.--Except as provided in subsection (h), 
        no person may manufacture a new chemical substance, or 
        process the chemical substance for a use that is 
        proposed to meet the criteria described in section 
        6(h)(2)(B), unless--
                  (A) the person submits to the Administrator a 
                notice, in accordance with subsection 
                (g)(1)(A), of the intention of the person to 
                manufacture or process the substance;
                  (B) the person complies with subsection (f); 
                and
                  (C) the Administrator finds that--
                          (i) the new chemical substance is 
                        likely to meet the safety standard 
                        under section 6(d), which shall be 
                        limited to substances assigned by the 
                        Administrator to 1 of the categories 
                        described in paragraph (2)(D)(iii); or
                          (ii) the person has established by 
                        clear and convincing evidence that 1 or 
                        more uses of the new chemical substance 
                        meet the criteria described in section 
                        6(h)(2)(B), in which case--
                                  (I) the Administrator may by 
                                order allow the person to 
                                manufacture or process the 
                                substance only for such use or 
                                uses in accordance with 
                                subparagraph (A) of section 
                                6(h)(2);
                                  (II) the procedures and 
                                requirements specified in 
                                subparagraphs (A), (C), (D), 
                                and (E) of section 6(h)(2) 
                                shall apply; and
                                  (III) the Administrator shall 
                                not, upon receipt of a notice 
                                of commencement for the 
                                chemical substance under 
                                subsection (d), add the 
                                chemical substance to the 
                                active inventory established 
                                under section 8(h)(1).
          (2) Categorization of new chemical substances.--
                  (A) Rule.--Not later than 1 year after the 
                date of enactment of the Safe Chemicals Act of 
                2011, the Administrator shall promulgate a rule 
                that--
                          (i) designates the categories in 
                        accordance with subparagraph (D) and 
                        specifies the process and criteria the 
                        Administrator will use to categorize 
                        new chemical substances; and
                          (ii) describes criteria and factors 
                        the Administrator will use to assess 
                        weight of evidence and the quality and 
                        reliability of information used to 
                        inform categorization decisions.
                  (B) Information sources.--In categorizing a 
                new chemical substance, the Administrator shall 
                consider information on the substance available 
                to the Administrator at the time the 
                categorization decision is to be made, 
                including information--
                          (i) received by the Administrator 
                        from the manufacturer or processor of 
                        the substance in accordance with 
                        subsection (f);
                          (ii) submitted to a governmental body 
                        in another jurisdiction, to the extent 
                        that the information is accessible to 
                        the Administrator;
                          (iii) derived through application of 
                        validated structure-activity 
                        relationship or other models developed 
                        by the Administrator to estimate the 
                        environmental and human health effects, 
                        environmental and biological fate and 
                        behavior, and exposure potential of 
                        chemical substances;
                          (iv) inferred based on the degree of 
                        similarity of the structure or 
                        properties of the new chemical 
                        substance to those of 1 or more other 
                        chemical substances for which reliable 
                        information exists that is relevant to 
                        predicting the potential environmental 
                        or human health effects, environmental 
                        or biological fate and behavior, or 
                        exposure potential of the new chemical 
                        substance; and
                          (v) any additional information the 
                        Administrator determines is needed to 
                        categorize the substance, including 
                        information identified as needed based 
                        on the analysis by the Administrator of 
                        estimated or inferred information 
                        described in clauses (iii) and (iv).
                  (C) Timing.--Not later than 90 days after the 
                date of receipt of a notice under paragraph 
                (1)(A), the Administrator shall assign the new 
                chemical substance for which the notice was 
                submitted to 1 of the categories described in 
                subparagraph (D).
                  (D) Categories.--
                          (i) In general.--The rule promulgated 
                        pursuant to subparagraph (A) shall 
                        incorporate, establish criteria for, 
                        and further specify as needed, the 
                        categories described in this 
                        subparagraph, to 1 of which each new 
                        chemical substance for which a notice 
                        is submitted pursuant to paragraph (1) 
                        shall be assigned.
                          (ii) Substances of very high 
                        concern.--
                                  (I) In general.--The 
                                Administrator shall designate 
                                as a substance of very high 
                                concern any new chemical 
                                substance that--
                                          (aa) is toxic, 
                                        persists in the 
                                        environment, and is 
                                        bioaccumulative; or
                                          (bb) is highly 
                                        hazardous.
                                  (II) Requirements.--
                                          (aa) In general.--The 
                                        Administrator shall 
                                        allow the submitter of 
                                        a notice under 
                                        paragraph (1)(A) for a 
                                        new chemical substance 
                                        assigned to the 
                                        category described in 
                                        this clause to 
                                        manufacture or process 
                                        the new chemical 
                                        substance only in 
                                        accordance with 
                                        paragraph (1)(C)(ii).
                                          (bb) Prohibition.--No 
                                        other person may 
                                        manufacture or process 
                                        the chemical substance 
                                        unless the person has 
                                        submitted a notice 
                                        pursuant to paragraph 
                                        (1) and the 
                                        requirements of 
                                        paragraph (1)(C)(ii) 
                                        have been met with 
                                        respect to that notice.
                          (iii) Substances likely to meet the 
                        safety standard.--
                                  (I) In general.--
                                          (aa) The 
                                        Administrator shall 
                                        designate as a 
                                        substance likely to 
                                        meet the safety 
                                        standard any new 
                                        chemical substance that 
                                        the Administrator 
                                        determines, based on 
                                        available information, 
                                        would likely meet the 
                                        safety standard under 
                                        section 6(d)--
                                                  (AA) for uses 
                                                and under 
                                                conditions 
                                                specified by 
                                                the submitter 
                                                of the notice 
                                                for the new 
                                                chemical 
                                                substance 
                                                pursuant to 
                                                paragraph (1); 
                                                or
                                                  (BB) for uses 
                                                and under 
                                                additional 
                                                conditions that 
                                                could be 
                                                specified by 
                                                the 
                                                Administrator 
                                                in making a 
                                                safety standard 
                                                determination 
                                                for the 
                                                substance.
                                          (bb) The 
                                        Administrator shall 
                                        assign to the category 
                                        described in item (aa) 
                                        any new chemical 
                                        substance that meets 
                                        the criteria specified 
                                        in subclause (II) or 
                                        (III).
                                  (II) Substances of very low 
                                concern.--
                                          (aa) In general.--
                                        Within the category 
                                        described in subclause 
                                        (I), the Administrator 
                                        shall designate as a 
                                        substance of very low 
                                        concern any new 
                                        chemical substance 
                                        that, based on robust 
                                        information, the 
                                        Administrator 
                                        determines possesses 
                                        intrinsic low-hazard 
                                        properties so that no 
                                        further action by the 
                                        Administrator is 
                                        warranted unless and 
                                        until the Administrator 
                                        receives new 
                                        information that 
                                        warrants a different 
                                        categorization of the 
                                        chemical substance.
                                          (bb) Basis of 
                                        designation.--In 
                                        identifying new 
                                        chemical substances to 
                                        be placed in the 
                                        category described in 
                                        this subclause, the 
                                        Administrator shall 
                                        base the designation of 
                                        a new chemical 
                                        substance as a 
                                        substance of very low 
                                        concern on the 
                                        applicable minimum 
                                        information set 
                                        required under section 
                                        4, unless the 
                                        Administrator 
                                        determines that such 
                                        designation of a 
                                        particular new chemical 
                                        substance--
                                                  (AA) can be 
                                                made to a high 
                                                degree of 
                                                confidence 
                                                based on less 
                                                information; or
                                                  (BB) requires 
                                                information in 
                                                addition to the 
                                                full minimum 
                                                information set 
                                                to address 
                                                conflicting or 
                                                ambiguous 
                                                findings, in 
                                                which case the 
                                                Administrator 
                                                may require the 
                                                development and 
                                                submission of 
                                                the additional 
                                                information.
                                  (III) Substances to undergo 
                                safety standard 
                                determinations.--Within the 
                                category described in subclause 
                                (I), the Administrator shall 
                                designate as a substance to 
                                undergo a safety standard 
                                determination any new chemical 
                                substance that the 
                                Administrator determines, based 
                                on a screening of available 
                                use, hazard, and exposure 
                                information, has information 
                                available for the chemical 
                                substance that is sufficiently 
                                robust to determine that the 
                                chemical substance does not 
                                meet the criteria for the 
                                categories described in 
                                subclause (II) or clause (ii) 
                                or (iv).
                                  (IV) Requirement.--For a new 
                                chemical substance designated 
                                as likely to meet the safety 
                                standard pursuant to subclause 
                                (II) or (III), the 
                                Administrator shall, upon 
                                submission of a notice of 
                                commencement described in 
                                subsection (d)--
                                          (aa) add the chemical 
                                        substance to the active 
                                        inventory described in 
                                        section 8(h)(1); and
                                          (bb) for a chemical 
                                        substance designated to 
                                        undergo a safety 
                                        standard determination, 
                                        at the discretion of 
                                        the Administrator 
                                        accounting for timing 
                                        of the submission and 
                                        workload 
                                        considerations, add the 
                                        chemical substance to 
                                        the current batch or 
                                        hold the substance 
                                        until the next batch of 
                                        substances to be 
                                        prioritized in 
                                        accordance with section 
                                        6(b)(4).
                                  (V) Manufacturing and 
                                processing.--Pending the 
                                completion of a safety standard 
                                determination under section 
                                6(d), a chemical substance 
                                designated as a substance 
                                likely to meet the safety 
                                standard may be manufactured or 
                                processed for uses and under 
                                conditions specified by the 
                                Administrator in determining 
                                that the chemical substance is 
                                likely to meet the safety 
                                standard--
                                          (aa) by the submitter 
                                        of the notice for the 
                                        chemical substance 
                                        submitted pursuant to 
                                        paragraph (1)(A), upon 
                                        submission of a notice 
                                        for the chemical 
                                        substance pursuant to 
                                        subsection (d);
                                          (bb) by other 
                                        manufacturers of the 
                                        chemical substance, 
                                        once the chemical 
                                        substance has been 
                                        placed on the active 
                                        inventory described in 
                                        section 8(h)(1), upon 
                                        submission of a 
                                        declaration for the 
                                        chemical substance 
                                        pursuant to section 
                                        8(b)(1)(B); or
                                          (cc) by processors of 
                                        the substance, upon 
                                        compliance with the 
                                        requirements of section 
                                        8(e).
                          (iv) Substances with insufficient 
                        information.--
                                  (I) In general.--The 
                                Administrator shall designate 
                                as a substance with 
                                insufficient information any 
                                new chemical substance for 
                                which the Administrator 
                                concludes, after gathering and 
                                screening available use, 
                                hazard, and exposure 
                                information, that needed 
                                information for the chemical 
                                substance is not available, is 
                                insufficient, or is not of 
                                sufficient quality and 
                                reliability to allow for an 
                                informed categorization 
                                decision.
                                  (II) Required submission.--
                                For substances designated under 
                                this clause, the Administrator 
                                shall require submission of the 
                                applicable minimum information 
                                set specified under section 4 
                                as needed to inform 
                                categorization decisionmaking 
                                for new chemical substances.
                                  (III) Recategorization.--
                                Following submission of the 
                                applicable minimum information 
                                set for the chemical substance 
                                pursuant to subclause (II), the 
                                Administrator shall 
                                recategorize the chemical 
                                substance using the categories 
                                and process described in this 
                                paragraph.
                                  (IV) Prohibition.--
                                Notwithstanding paragraph 
                                (1)(C)(ii), no person may 
                                manufacture or process a 
                                chemical substance designated 
                                under this clause until and 
                                unless the information 
                                described in subclause (II) has 
                                been submitted and the 
                                Administrator has recategorized 
                                the substance, at which time 
                                the provisions applicable to 
                                the category to which the 
                                substance has been assigned 
                                shall apply.
                          (v) Substances unlikely to meet the 
                        safety standard.--
                                  (I) In general.--The 
                                Administrator shall designate 
                                as a substance unlikely to meet 
                                the safety standard any new 
                                chemical substance that the 
                                Administrator determines, based 
                                on available information, would 
                                be unlikely to meet the safety 
                                standard under section 6(d)--
                                          (aa) for uses and 
                                        under conditions 
                                        specified by the 
                                        submitter of the notice 
                                        for the chemical 
                                        substance pursuant to 
                                        paragraph (1); or
                                          (bb) for other uses 
                                        or under additional 
                                        conditions that the 
                                        Administrator may 
                                        evaluate in making a 
                                        safety standard 
                                        determination for the 
                                        chemical substance.
                                  (II) Prohibition.--Except as 
                                provided under clause (ii), no 
                                person may manufacture or 
                                process a chemical substance 
                                designated under this clause.
  (c) New Uses of Existing Chemical Substances.--
          (1) New uses of existing chemical substances prior to 
        safety standard determination.--
                  (A) In general.--Except as provided in 
                subparagraph (B), with respect to an existing 
                chemical substance for which the Administrator 
                has not made a safety standard determination 
                under section 6(d), no person may manufacture 
                or process the chemical substance--
                          (i) for a use that was not ongoing on 
                        the date of enactment of the Safe 
                        Chemicals Act of 2011; or
                          (ii) at a volume that is 
                        significantly increased from the volume 
                        as of the date of enactment of the Safe 
                        Chemicals Act of 2011.
                  (B) Exception.--A person may manufacture or 
                process a chemical substance in a manner 
                prohibited by subparagraph (A) if--
                          (i) the person submits to the 
                        Administrator the notice specified in 
                        subsection (g)(1)(B);
                          (ii) the person complies with 
                        subsection (f); and
                          (iii) such manufacturing or 
                        processing is consistent with 
                        subsection (b)(2)(D)(iii)(V).
                  (C) Guidance.--Not later than 90 days after 
                the date of enactment of the Safe Chemicals Act 
                of 2011, the Administrator shall issue guidance 
                for the purpose of identifying what constitute 
                new uses and significantly increased production 
                volumes under this paragraph.
          (2) New uses of existing chemical substances that 
        meet the safety standard.--
                  (A) In general.--For an existing chemical 
                substance for which the Administrator has 
                determined under section 6(d) that the 
                manufacturers and processors of the chemical 
                substance have established that the substance 
                meets the applicable safety standard, no person 
                may manufacture, process, distribute in 
                commerce, use, or dispose of the chemical 
                substance, or a mixture or article containing 
                the chemical substance for uses, at production 
                volumes, or in manners other than those the 
                Administrator specified in the safety standard 
                determination, unless--
                          (i) the person submits to the 
                        Administrator a notice in accordance 
                        with subsection (g)(1)(C) of the 
                        intention of the person to manufacture, 
                        process, distribute in commerce, use, 
                        or dispose of the chemical substance, 
                        or a mixture or article containing the 
                        chemical substance, for the new use or 
                        at a new production volume, or in such 
                        other manner that is inconsistent with 
                        a specified condition or term in the 
                        safety standard determination made by 
                        the Administrator for that substance; 
                        and
                          (ii) the Administrator determines 
                        that the person submitting the notice 
                        has established that the chemical 
                        substance will continue to meet the 
                        safety standard if the allowed uses, 
                        production volumes, or other specified 
                        conditions or terms for that substance, 
                        are revised to encompass the new use, 
                        new production volume, or other manner 
                        of manufacturing, processing, 
                        distribution in commerce, use, or 
                        disposal.
                  (B) Amendment to safety standard 
                determination.--If the conditions described in 
                clauses (i) and (ii) of subparagraph (A) are 
                satisfied, the Administrator shall, by order, 
                amend the safety standard determination for the 
                chemical substance to include the new use, 
                production volume, or other manner of 
                manufacturing or processing among the allowed 
                uses, production volumes, or manners of 
                manufacturing, processing, distribution in 
                commerce, use, or disposal of the chemical 
                substance.
                  (C) Safety standard determination.--
                          (i) In general.--Except as provided 
                        in clauses (ii) and (iii), not later 
                        than 180 days after the date of receipt 
                        of a notice pursuant to subparagraph 
                        (A)(i), the Administrator shall 
                        determine whether the person submitting 
                        the notice has established that the 
                        chemical substance will continue to 
                        meet the safety standard under section 
                        6(d).
                          (ii) Extension.--The Administrator 
                        may extend the determination deadline 
                        under clause (i) by 1 or more 
                        additional periods not to exceed 1 year 
                        in the aggregate, in such manner as the 
                        Administrator determines necessary.
                          (iii) Failure to make a timely 
                        determination.--The failure of the 
                        Administrator to make a timely 
                        determination in accordance with this 
                        paragraph shall not be sufficient to 
                        satisfy subparagraph (A)(ii).
  (d) Notice of Commencement.--
          (1) In general.--Not later than 30 days after the 
        date on which a manufacturer or processor commences 
        manufacturing or processing of a new chemical 
        substance, the manufacturer or processor shall submit 
        to the Administrator a notice of commencement of 
        manufacture or processing.
          (2) Requirements.--The notice of commencement shall--
                  (A) be considered equivalent to the 
                declaration required under subparagraph (A) or 
                (C) of section 8(b)(2); and
                  (B) include the information described in 
                section 8(b)(5).
          (3) Withdrawal.--A person who has submitted a notice 
        for a chemical substance under subsection (b) or (c), 
        and has not commenced with manufacture or processing of 
        the substance, may withdraw the notice.
  (e) Chemical Substances Exhibiting Special Substance 
Characteristics.--
          (1) Determination.--The Administrator shall determine 
        by order or rule that a variant of a chemical substance 
        exhibiting 1 or more special substance 
        characteristics--
                  (A) is a use that is separate from any use of 
                the chemical substance that does not exhibit 
                the special substance characteristics; or
                  (B) is a distinct chemical substance.
          (2) Requirements for variants that are separate 
        uses.--In the case of a chemical substance that the 
        Administrator determines to be a separate use based on 
        the special substance characteristics of the chemical 
        substance, the manufacturer or processor shall satisfy 
        such further conditions as the Administrator 
        establishes, by order or rule.
          (3) Requirements for variants that are distinct 
        chemical substances.--In the case of a chemical 
        substance that the Administrator determines to be a 
        distinct chemical substance based on the special 
        substance characteristics of the chemical substance, 
        and that is not listed on the active inventory 
        established under section 8(h)(1), the manufacturer or 
        processor shall comply with the requirements of 
        subsection (b).
  (f) Submission of Data.--
          (1) In general.--A person shall submit to the 
        Administrator data in accordance with the rule or order 
        at the time that notice is submitted under subsection 
        (b) or (c) if the person is required to submit to the 
        Administrator--
                  (A) under subsection (b) or (c), a notice 
                prior to beginning the manufacture or 
                processing of a chemical substance; and
                  (B) under section 4(b), test data for the 
                chemical substance prior to the submission of 
                the notice.
          (2) Availability.--Subject to section 14, the 
        Administrator shall make any test data submitted under 
        paragraph (1) available on a publicly accessible 
        Internet site.
          (3) Timing.--Except as provided under subsection 
        (b)(2)(D)(iv), the Administrator may require a person 
        subject to an information requirement for a chemical 
        substance under this subsection or section 4 to submit 
        the information--
                  (A) prior to and as a condition of the 
                Administrator assigning the substance to a 
                category;
                  (B) as a condition of commencement of 
                manufacture or processing; or
                  (C) as a condition of exceeding a specified 
                manufacturing volume or expanding use of the 
                substance.
  (g) Content and Availability of Notice.--
          (1) Content.--
                  (A) New chemical substances.--A notice under 
                subsection (b)(1) shall include--
                          (i) the chemical identity and any 
                        special substance characteristics of 
                        the chemical substance;
                          (ii) the identity and primary 
                        business location of the manufacturer;
                          (iii) the information described in 
                        section 8(h)(5)(B)(ii);
                          (iv) the minimum information set 
                        described in section 4(a), where 
                        applicable; and
                          (v) a statement that--
                                  (I) the new chemical 
                                substance is likely to meet the 
                                safety standard under section 
                                6(d); or
                                  (II) the 1 or more uses 
                                proposed for the new chemical 
                                substance meet the criteria 
                                described in section 
                                6(h)(2)(B).
                  (B) New uses of existing chemical substances 
                prior to safety standard determination.--A 
                notice under subsection (c)(1) shall include 
                all updates to the declaration described in 
                section 8(b)(2) and information described in 
                section 8(h)(5)(B)(ii) that is relevant to the 
                new use, new production volume, or other new 
                manner of manufacturing or processing.
                  (C) New uses of existing chemical substances 
                that meet the safety standard.--A notice under 
                subsection (c)(2) shall include--
                          (i) all updates to the declaration 
                        described in section 8(b)(2);
                          (ii) information described in section 
                        8(h)(5)(B)(ii) that is relevant to the 
                        new use, new production volume, or 
                        other new manner of manufacturing or 
                        processing;
                          (iii) all updates to the minimum 
                        information set described in section 
                        4(a) relevant to the new use, new 
                        production volume, or other new manner 
                        of manufacturing or processing; and
                          (iv) a statement that the chemical 
                        substance will continue to meet the 
                        safety standard if the allowed uses, 
                        production volumes, or other specified 
                        conditions or terms for that chemical 
                        substance are revised to encompass the 
                        new use, production volume, or other 
                        manner of manufacturing or processing.
          (2) Availability.--Subject to section 14, the 
        Administrator shall make the notices under paragraph 
        (1) available on a publicly accessible Internet site.
          (3) Public information.--Subject to section 14, not 
        later than 5 days (excluding Saturdays, Sundays, and 
        legal holidays) after the date of the receipt of a 
        notice under subsection (b), (c), or (d), or of data 
        under subsection (f), the Administrator shall make 
        available on a publicly accessible Internet site a 
        notice that--
                  (A) identifies the chemical substance for 
                which notice or information has been received;
                  (B) lists the uses or intended uses of the 
                chemical substance;
                  (C) for substances for which a notice is 
                submitted under subsection (b)(1), is promptly 
                updated to specify the category to which the 
                Administrator has assigned the substance 
                pursuant to subsection (b)(2) once the 
                assignment has been made;
                  (D) in the case of the receipt of data under 
                subsection (f), describes--
                          (i) the nature of the tests performed 
                        with respect to the chemical substance; 
                        and
                          (ii) any data that were received 
                        under subsection (f) or a rule or order 
                        under section 4; and
                  (E) references the availability of the 
                minimum information set, where applicable.
          (4) List of notices.--At the beginning of each month, 
        the Administrator shall make available on a publicly 
        accessible Internet site a list of each chemical 
        substance for which a notice has been received under 
        subsection (b), (c), or (d).
  (h) Exemptions.--
          (1) Intrinsically safe substances.--
                  (A) Exemption.--
                          (i) In general.--If the Administrator 
                        determines that scientific consensus 
                        exists that the intrinsic properties of 
                        a new chemical substance are such that 
                        the chemical substance does not and 
                        would not pose any risk of injury to 
                        human health or the environment under 
                        any intended or reasonably anticipated 
                        levels of production, patterns of use, 
                        or exposures arising at any stage 
                        across the lifecycle of the chemical 
                        substance, the Administrator may, by 
                        order, exempt the chemical substance, 
                        or particular uses of such substances, 
                        from 1 or more of the requirements of 
                        this section.
                          (ii) Basis of determination.--A 
                        determination under clause (i)--
                                  (I) shall be based on 
                                consideration of the intrinsic 
                                properties of the chemical 
                                substance; and
                                  (II) shall not be based on 
                                findings or assumptions of low 
                                human or environmental exposure 
                                to such substances.
                  (B) Notice of determination and exemption.--
                Not later than 30 days after providing an 
                exemption pursuant to subparagraph (A), the 
                Administrator shall publish in the Federal 
                Register a notice that--
                          (i) subject to section 14, provides 
                        the specific identity of the chemical 
                        substance or category;
                          (ii) if a particular use of the 
                        chemical substance is exempted under 
                        subparagraph (A), describes the 
                        particular use of the chemical 
                        substance that the Administrator has 
                        exempted; and
                          (iii) explains and documents the 
                        basis for the determination and 
                        exemption of the Administrator.
                  (C) Reconsideration of exemption.--
                          (i) In general.--The Administrator 
                        may reconsider and revoke or modify any 
                        exemption provided under subparagraph 
                        (A) at any time if the Administrator 
                        determines that--
                                  (I) the conditions specified 
                                in subparagraph (A) are no 
                                longer met; or
                                  (II) such action is necessary 
                                to protect human health or the 
                                environment or is otherwise in 
                                the public interest.
                          (ii) Publication.--In the event of a 
                        revocation or modification under clause 
                        (i), the Administrator shall publish a 
                        notice of the grounds for the 
                        revocation.
                  (D) Prior regulatory exemptions.--
                          (i) Review.--
                                  (I) In general.--Not later 
                                than 180 days after the date of 
                                enactment of the Safe Chemicals 
                                Act of 2011, the Administrator 
                                shall review exemptions that 
                                were granted pursuant to 
                                subsection (h)(4) of this 
                                section as in effect on the day 
                                before that date of enactment.
                                  (II) Effect of exemption.--An 
                                exemption described in 
                                subclause (I) shall continue to 
                                be in effect until the date on 
                                which the Administrator 
                                determines, by order, that--
                                          (aa) the exemption is 
                                        not appropriate under 
                                        this section, at which 
                                        time the exemption 
                                        shall cease to be in 
                                        effect; or
                                          (bb) the exemption is 
                                        appropriate under this 
                                        section, at which time 
                                        the Administrator may 
                                        issue an order to 
                                        modify or continue in 
                                        effect the exemption 
                                        pursuant to 
                                        subparagraph (A).
                          (ii) Polymeric chemical substances.--
                        Notwithstanding subparagraph (A) and 
                        any previously issued exemption 
                        applicable to polymeric chemical 
                        substances--
                                  (I) subsection (d) shall 
                                apply to new polymeric chemical 
                                substances eligible for the 
                                previously issued exemption--
                                          (aa) during the 
                                        period prior to a 
                                        determination by the 
                                        Administrator pursuant 
                                        to clause (i) 
                                        applicable to such 
                                        substances; and
                                          (bb) after a 
                                        determination by the 
                                        Administrator pursuant 
                                        to clause (i)(II)(bb) 
                                        that continuation of 
                                        the prior exemption is 
                                        appropriate for some or 
                                        all such substances, 
                                        for such substances to 
                                        which the continuation 
                                        applies; and
                                  (II) all of this section 
                                shall apply to new polymeric 
                                chemical substances eligible 
                                for the previously issued 
                                exemption after a determination 
                                by the Administrator pursuant 
                                to clause (i)(II)(aa) that 
                                continuation of the prior 
                                exemption is not appropriate 
                                for some or all such 
                                substances, for such substances 
                                to which the determination 
                                applies.
                  (E) No limitation on authority.--Nothing in 
                this paragraph limits or otherwise affects the 
                authority of the Administrator under any other 
                provision of this Act.
          (2) Test marketing purposes.--Subject to paragraph 
        (6), the Administrator may, upon application, exempt 
        any person from any requirement of subsection (b), (c), 
        or (f) to permit the person to manufacture or process a 
        chemical substance for test marketing purposes--
                  (A) upon a showing by the person, in a manner 
                that the Administrator determines, that the 
                manufacture, processing, distribution in 
                commerce, use, and disposal of the chemical 
                substance (including any combination of those 
                activities) will not endanger human health or 
                the environment; and
                  (B) under such restrictions as the 
                Administrator considers appropriate.
          (3) Equivalent chemical substances.--
                  (A) In general.--The Administrator shall, 
                upon application, fully or partially exempt any 
                person from the requirement to submit any data 
                under subsection (b) or (f) if, on receipt of 
                an application, the Administrator determines 
                that--
                          (i) the chemical substance for which 
                        the application was submitted is 
                        equivalent to a chemical substance for 
                        which data has been submitted to the 
                        Administrator as required by this Act; 
                        and
                          (ii) submission of data by the 
                        applicant on the chemical substance 
                        would be duplicative of data which has 
                        been submitted to the Administrator in 
                        accordance with this Act.
                  (B) Effective date.--No exemption under this 
                paragraph may take effect before the beginning 
                of the reimbursement period applicable to the 
                data.
                  (C) Fair and equitable reimbursement.--
                          (i) Definition of reimbursement 
                        period.--In this subparagraph, the term 
                        `reimbursement period', with respect to 
                        any previously submitted data for a 
                        chemical substance, means a period--
                                  (I) beginning on the date of 
                                the termination of the 
                                prohibition, imposed under this 
                                section, on the manufacture or 
                                processing of the chemical 
                                substance by the person who 
                                submitted the data to the 
                                Administrator; and
                                  (II) ending on the later of--
                                          (aa) the date that is 
                                        5 years after the date 
                                        referred to in 
                                        subclause (I); or
                                          (bb) the expiration 
                                        of the period, which 
                                        begins on the date 
                                        referred to in 
                                        subclause (I) and is 
                                        equal to the period 
                                        that the Administrator 
                                        determines to be 
                                        necessary to develop 
                                        the data.
                          (ii) Reimbursement.--Except as 
                        provided in clause (iii), if the 
                        Administrator exempts any person, under 
                        subparagraph (A), and the exemption is 
                        granted during the reimbursement period 
                        for that data, the Administrator shall 
                        order the person granted the exemption 
                        to provide fair and equitable 
                        reimbursement (in an amount determined 
                        by the Administrator)--
                                  (I) to the person who 
                                previously submitted the data 
                                on which the exemption was 
                                based, for a portion of the 
                                costs incurred by the person in 
                                complying with the requirement 
                                under this title to submit the 
                                data; and
                                  (II) to any other person who 
                                has been required under this 
                                subparagraph to contribute with 
                                respect to the costs, for a 
                                portion of the amount the 
                                person was required to 
                                contribute.
                          (iii) Exception.--Clause (ii) shall 
                        not apply if the person exempted under 
                        that clause and the persons described 
                        in subclauses (I) and (II) of that 
                        clause agree on the amount and method 
                        of reimbursement.
                          (iv) Considerations.--In promulgating 
                        rules for the determination of fair and 
                        equitable reimbursement to the persons 
                        described in subclauses (I) and (II) of 
                        clause (ii) for costs incurred with 
                        respect to a chemical substance, the 
                        Administrator shall, after consultation 
                        with the Attorney General and the 
                        Federal Trade Commission, consider all 
                        relevant factors, including--
                                  (I) the effect on the 
                                competitive position of the 
                                person required to provide 
                                reimbursement in relation to 
                                the persons to be reimbursed; 
                                and
                                  (II) the share of the market 
                                for the chemical substance of 
                                the person required to provide 
                                reimbursement to the share of 
                                the market of the persons to be 
                                reimbursed.
          (4) Small quantities solely for experimentation, 
        research, and analysis.--
                  (A) In general.--If the conditions described 
                in subparagraph (B) are met, subsections (b), 
                (c), and (f) shall not apply with respect to 
                the manufacturing or processing of any chemical 
                substance that is manufactured or processed, or 
                proposed to be manufactured or processed, only 
                in small quantities (as defined by the 
                Administrator by rule) solely for purposes of--
                          (i) scientific experimentation or 
                        analysis; or
                          (ii) chemical research on, or 
                        analysis of the chemical substance or 
                        another chemical substance, including 
                        such research or analysis for the 
                        development of a product.
                  (B) Conditions.--All persons engaged in the 
                experimentation, research, or analysis for a 
                manufacturer or processor shall be notified (in 
                such form and manner as the Administrator may 
                prescribe) of any risk to human health that the 
                manufacturer, processor, or the Administrator 
                has reason to believe may be associated with 
                that chemical substance.
          (5) Temporary existence.--Subject to paragraph (6), 
        the Administrator may, upon application, exempt from 
        subsections (b), (c), and (f) the manufacturing or 
        processing of any chemical substance--
                  (A) that exists temporarily as a result of a 
                chemical reaction in the manufacturing or 
                processing of a mixture or another chemical 
                substance; and
                  (B) to which there is no, and will not be, 
                human or environmental exposure.
          (6) Publication.--
                  (A) In general.--As soon as practicable after 
                the date of receipt of an application under 
                paragraph (2) or (5), the Administrator shall 
                publish in the Federal Register notice of the 
                receipt of the application.
                  (B) Requirements.--The Administrator shall--
                          (i) give interested persons an 
                        opportunity to comment upon any 
                        application described in subparagraph 
                        (A);
                          (ii) not later than 45 days after the 
                        date of receipt of an application, 
                        approve or deny the application; and
                          (iii) publish in the Federal Register 
                        notice of the approval or denial of the 
                        application.
  (i) Certification.--Each submission required under this 
section or under a rule or an order promulgated or issued by 
the Administrator under this section shall be accompanied by a 
certification signed by a responsible official of the 
manufacturer or processor that each statement contained in the 
submission--
          (1) is accurate and reliable; and
          (2) includes all material facts required by the 
        applicable provision of this section or rule or order 
        under this section.

[SEC. 6. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND MIXTURES.

    [(a) Scope of Regulation.--If the Administrator finds that 
there is a reasonable basis to conclude that the manufacture, 
processing, distribution in commerce, use, or disposal of a 
chemical substance or mixture, or that any combination of such 
activities, presents, or will present an unreasonable risk of 
injury to health or the environment, the Administrator shall by 
rule apply one or more of the following requirements to such 
substance or mixture to the extent necessary to protect 
adequately against such risk using the least burdensome 
requirements:
          [(1) A requirement (A) prohibiting the manufacturing, 
        processing, or distribution in commerce of such 
        substance or mixture, or (B) limiting the amount of 
        such substance or mixture which may be manufactured, 
        processed, or distributed in commerce.
          [(2) A requirement--
                  [(A) prohibiting the manufacture, processing, 
                or distribution in commerce of such substance 
                or mixture for (i) a particular use or (ii) a 
                particular use in a concentration in excess of 
                a level specified by the Administrator in the 
                rule imposing the requirement, or
                  [(B) limiting the amount of such substance or 
                mixture which may be manufactured, processed, 
                or distributed in commerce for (i) a particular 
                use or (ii) a particular use in a concentration 
                in excess of a level specified by the 
                Administrator in the rule imposing the 
                requirement.
          [(3) A requirement that such substance or mixture or 
        any article containing such substance or mixture be 
        marked with or accompanied by clear and adequate 
        warnings and instructions with respect to its use, 
        distribution in commerce, or disposal or with respect 
        to any combination of such activities. The form and 
        content of such warnings and instructions shall be 
        prescribed by the Administrator.
          [(4) A requirement that manufacturers and processors 
        of such substance or mixture make and retain records of 
        the processes used to manufacture or process such 
        substance or mixture and monitor or conduct tests which 
        are reasonable and necessary to assure compliance with 
        the requirements of any rule applicable under this 
        subsection.
          [(5) A requirement prohibiting or otherwise 
        regulating any manner or method of commercial use of 
        such substance or mixture.
          [(6)(A) A requirement prohibiting or otherwise 
        regulating any manner or method of disposal of such 
        substance or mixture, or of any article containing such 
        substance or mixture, by its manufacturer or processor 
        or by any other person who uses, or disposes of, it for 
        commercial purposes.
          [(B) A requirement under subparagraph (A) may not 
        require any person to take any action which would be in 
        violation of any law or requirement of, or in effect 
        for, a State or political subdivision, and shall 
        require each person subject to it to notify each State 
        and political subdivision in which a required disposal 
        may occur of such disposal.
          [(7) A requirement directing manufacturers or 
        processors of such substance or mixture (A) to give 
        notice of such unreasonable risk of injury to 
        distributors in commerce of such substance or mixture 
        and, to the extent reasonably ascertainable, to other 
        persons in possession of such substance or mixture or 
        exposed to such substance or mixture, (B) to give 
        public notice of such risk of injury, and (C) to 
        replace or repurchase such substance or mixture as 
        elected by the person to which the requirement is 
        directed.
Any requirement (or combination of requirements) imposed under 
this subsection may be limited in application to specified 
geographic areas.
    [(b) Quality Control.--If the Administrator has a 
reasonable basis to conclude that a particular manufacturer or 
processor is manufacturing or processing a chemical substance 
or mixture in a manner which unintentionally causes the 
chemical substance or mixture to present or which will cause it 
to present an unreasonable risk of injury to health or the 
environment--
          [(1) the Administrator may by order require such 
        manufacturer or processor to submit a description of 
        the relevant quality control procedures followed in the 
        manufacturing or processing of such chemical substance 
        or mixture; and
          [(2) if the Administrator determines--
                  [(A) that such quality control procedures are 
                inadequate to prevent the chemical substance or 
                mixture from presenting such risk of injury, 
                the Administrator may order the manufacturer or 
                processor to revise such quality control 
                procedures to the extent necessary to remedy 
                such inadequacy; or
                  [(B) that the use of such quality control 
                procedures has resulted in the distribution in 
                commerce of chemical substances or mixtures 
                which present an unreasonable risk of injury to 
                health or the environment, the Administrator 
                may order the manufacturer or processor to (i) 
                give notice of such risk to processors or 
                distributors in commerce of any such substance 
                or mixture, or to both, and, to the extent 
                reasonably ascertainable, to any other person 
                in possession of or exposed to any such 
                substance, (ii) to give public notice of such 
                risk, and (iii) to provide such replacement or 
                repurchase of any such substance or mixture as 
                is necessary to adequately protect health or 
                the environment.
[A determination under subparagraph (A) or (B) of paragraph (2) 
shall be made on the record after opportunity for hearing in 
accordance with section 554 of title 5, United States Code. Any 
manufacturer or processor subject to a requirement to replace 
or repurchase a chemical substance or mixture may elect either 
to replace or repurchase the substance or mixture and shall 
take either such action in the manner prescribed by the 
Administrator.
    [(c) Promulgation of Subsection (a) Rules.--(1) In 
promulgating any rule under subsection (a) with respect to a 
chemical substance or mixture, the Administrator shall consider 
and publish a statement with respect to--
          [(A) the effects of such substance or mixture on 
        health and the magnitude of the exposure of human 
        beings to such substance or mixture,
          [(B) the effects of such substance or mixture on the 
        environment and the magnitude of the exposure of the 
        environment to such substance or mixture,
          [(C) the benefits of such substance or mixture for 
        various uses and the availability of substitutes for 
        such uses, and
          [(D) the reasonably ascertainable economic 
        consequences of the rule, after consideration of the 
        effect on the national economy, small business, 
        technological innovation, the environment, and public 
        health.
[If the Administrator determines that a risk of injury to 
health or the environment could be eliminated or reduced to a 
sufficient extent by actions taken under another Federal law 
(or laws) administered in whole or in part by the 
Administrator, the Administrator may not promulgate a rule 
under subsection (a) to protect against such risk of injury 
unless the Administrator finds, in the Administrator's 
discretion, that it is in the public interest to protect 
against such risk under this Act. In making such a finding the 
Administrator shall consider (i) all relevant aspects of the 
risk, as determined by the Administrator in the Administrator's 
discretion, (ii) a comparison of the estimated costs of 
complying with actions taken under this Act and under such law 
(or laws), and (iii) the relative efficiency of actions under 
this Act and under such law (or laws) to protect against such 
risk of injury.
    [(2) When prescribing a rule under subsection (a) the 
Administrator shall proceed in accordance with section 553 of 
title 5, United States Code (without regard to any reference in 
such section to sections 556 and 557 of such title), and shall 
also (A) publish a notice of proposed rulemaking stating with 
particularity the reason for the proposed rule; (B) allow 
interested persons to submit written data, views, and 
arguments, and make all such submissions publicly available; 
(C) provide an opportunity for an informal hearing in 
accordance with paragraph (3); (D) promulgate, if appropriate, 
a final rule based on the matter in the rulemaking record (as 
defined in section 19(a)), and (E) make and publish with the 
rule the finding described in subsection (a).
    [(3) Informal hearings required by paragraph (2)(C) shall 
be conducted by the Administrator in accordance with the 
following requirements:
          [(A) Subject to subparagraph (B), an interested 
        person is entitled--
                  [(i) to present such person's position orally 
                or by documentary submissions (or both), and
                  [(ii) if the Administrator determines that 
                there are disputed issues of material fact it 
                is necessary to resolve, to present such 
                rebuttal submissions and to conduct (or have 
                conducted under subparagraph (B)(ii)) such 
                cross-examination of persons as the 
                Administrator determines (I) to be appropriate, 
                and (II) to be required for a full and true 
                disclosure with respect to such issues.
          [(B) The Administrator may prescribe such rules and 
        make such rulings concerning procedures in such 
        hearings to avoid unnecessary costs or delay. Such 
        rules or rulings may include (i) the imposition of 
        reasonable time limits on each interested person's oral 
        presentations, and (ii) requirements that any cross-
        examination to which a person may be entitled under 
        subparagraph (A) be conducted by the Administrator on 
        behalf of that person in such manner as the 
        Administrator determines (I) to be appropriate, and 
        (II) to be required for a full and true disclosure with 
        respect to disputed issues of material fact.
          [(C)(i) Except as provided in clause (ii), if a group 
        of persons each of whom under subparagraphs (A) and (B) 
        would be entitled to conduct (or have conducted) cross-
        examination and who are determined by the Administrator 
        to have the same or similar interests in the proceeding 
        cannot agree upon a single representative of such 
        interests for purposes of cross-examination, the 
        Administrator may make rules and rulings (I) limiting 
        the representation of such interest for such purposes, 
        and (II) governing the manner in which such cross-
        examination shall be limited.
          [(ii) When any person who is a member of a group with 
        respect to which the Administrator has made a 
        determination under clause (i) is unable to agree upon 
        group representation with the other members of the 
        group, then such person shall not be denied under the 
        authority of clause (i) the opportunity to conduct (or 
        have conducted) cross-examination as to issues 
        affecting the person's particular interests if (I) the 
        person satisfies the Administrator that the person has 
        made a reasonable and good faith effort to reach 
        agreement upon group representation with the other 
        members of the group and (II) the Administrator 
        determines that there are substantial and relevant 
        issues which are not adequately presented by the group 
        representative.
          [(D) A verbatim transcript shall be taken of any oral 
        presentation made, and cross-examination conducted in 
        any informal hearing under this subsection. Such 
        transcript shall be available to the public.
    [(4)(A) The Administrator may, pursuant to rules prescribed 
by the Administrator, provide compensation for reasonable 
attorneys' fees, expert witness fees, and other costs of 
participating in a rulemaking proceeding for the promulgation 
of a rule under subsection (a) to any person--
          [(i) who represents an interest which would 
        substantially contribute to a fair determination of the 
        issues to be resolved in the proceeding, and
          [(ii) if--
                  [(I) the economic interest of such person is 
                small in comparison to the costs of effective 
                participation in the proceeding by such person, 
                or
                  [(II) such person demonstrates to the 
                satisfaction of the Administrator that such 
                person does not have sufficient resources 
                adequately to participate in the proceeding 
                without compensation under this subparagraph.
[In determining for purposes of clause (i) if an interest will 
substantially contribute to a fair determination of the issues 
to be resolved in a proceeding, the Administrator shall take 
into account the number and complexity of such issues and the 
extent to which representation of such interest will contribute 
to widespread public participation in the proceeding and 
representation of a fair balance of interests for the 
resolution of such issues.
    [(B) In determining whether compensation should be provided 
to a person under subparagraph (A) and the amount of such 
compensation, the Administrator shall take into account the 
financial burden which will be incurred by such person in 
participating in the rulemaking proceeding. The Administrator 
shall take such action as may be necessary to ensure that the 
aggregate amount of compensation paid under this paragraph in 
any fiscal year to all persons who, in rulemaking proceedings 
in which they receive compensation, are persons who either--
          [(i) would be regulated by the proposed rule, or
          [(ii) represent persons who would be so regulated,
may not exceed 25 per centum of the aggregate amount paid as 
compensation under this paragraph to all persons in such fiscal 
year.
    [(5) Paragraphs (1), (2), (3), and (4) of this subsection 
apply to the promulgation of a rule repealing, or making a 
substantive amendment to, a rule promulgated under subsection 
(a).
    [(d) Effective Date.--(1) The Administrator shall specify 
in any rule under subsection (a) the date on which it shall 
take effect, which date shall be as soon as feasible.
    [(2)(A) The Administrator may declare a proposed rule under 
subsection (a) to be effective upon its publication in the 
Federal Register and until the effective date of final action 
taken, in accordance with subparagraph (B), respecting such 
rule if--
          [(i) the Administrator determines that--
                  [(I) the manufacture, processing, 
                distribution in commerce, use, or disposal of 
                the chemical substance or mixture subject to 
                such proposed rule or any combination of such 
                activities is likely to result in an 
                unreasonable risk of serious or widespread 
                injury to health or the environment before such 
                effective date; and
                  [(II) making such proposed rule so effective 
                is necessary to protect the public interest; 
                and
          [(ii) in the case of a proposed rule to prohibit the 
        manufacture, processing, or distribution of a chemical 
        substance or mixture because of the risk determined 
        under clause (i)(I), a court has in an action under 
        section 7 granted relief with respect to such risk 
        associated with such substance or mixture.
[Such a proposed rule which is made so effective shall not, for 
purposes of judicial review, be considered final agency action.
    [(B) If the Administrator makes a proposed rule effective 
upon its publication in the Federal Register, the Administrator 
shall, as expeditiously as possible, give interested persons 
prompt notice of such action, provide reasonable opportunity, 
in accordance with paragraphs (2) and (3) of subsection (c), 
for a hearing on such rule, and either promulgate such rule (as 
proposed or with modifications) or revoke it; and if such a 
hearing is requested, the Administrator shall commence the 
hearing within five days from the date such request is made 
unless the Administrator and the person making the request 
agree upon a later date for the hearing to begin, and after the 
hearing is concluded the Administrator shall, within ten days 
of the conclusion of the hearing, either promulgate such rule 
(as proposed or with modifications) or revoke it.]

SEC. 6. BATCHING, CATEGORIZATION, PRIORITIZATION, SAFETY STANDARD 
                    DETERMINATION, AND RISK MANAGEMENT.

  (a) Batching.--
          (1) In general.--To ensure that an efficient and 
        orderly process and pace is established for the 
        determination of safety of chemical substances in 
        commerce and the application of risk management 
        measures as needed, the Administrator shall establish a 
        system for assigning chemical substances into batches 
        in accordance with this subsection.
          (2) Requirements.--
                  (A) Timing.--Not later than 270 days after 
                the date of enactment of the Safe Chemicals Act 
                of 2011, and not less frequently than once 
                every 5 years thereafter until all chemical 
                substances listed on the active portion of the 
                inventory established under section 8(h)(1) 
                have been assigned to a batch, the 
                Administrator shall assign chemical substances 
                on the active portion of the inventory to 
                batches of chemical substances under this 
                subsection.
                  (B) Number.--Each batch established under 
                this subsection shall include a number of 
                chemical substances approximately equal to the 
                number of chemical substances for which reports 
                are submitted to the Administrator under the 
                chemical data reporting rule as of the date of 
                enactment of the Safe Chemicals Act of 2011.
                  (C) Publication.--The Administrator shall 
                publish, subject to section 14, the list of 
                chemical substances assigned to each batch 
                promptly on designation of the chemical 
                substances to the batch.
          (3) Initial batch.--
                  (A) In general.--Subject to subparagraph (B), 
                the initial batch of chemical substances 
                designated under paragraph (2)(A) shall include 
                the chemical substances for which reports are 
                submitted to the Administrator under the 
                chemical data reporting rule as of the date of 
                enactment of the Safe Chemicals Act of 2011.
                  (B) Inclusions and exclusions.--
                Notwithstanding subparagraph (A), the 
                Administrator may--
                          (i) include in the initial batch 
                        chemical substances that--
                                  (I) are manufactured at 
                                volumes below the threshold 
                                used under the chemical data 
                                reporting rule to designate 
                                chemical substances subject to 
                                basic reporting under that 
                                rule; but
                                  (II) are used or released 
                                into the environment in a 
                                manner that the Administrator 
                                determines warrants early 
                                evaluation; and
                          (ii) exclude from the initial batch 
                        chemical substances that--
                                  (I) are reported to the 
                                Administrator under the 
                                chemical data reporting rule; 
                                but
                                  (II) are used or released 
                                into the environment in a 
                                manner that the Administrator 
                                determines does not warrant 
                                early evaluation.
          (4) Subsequent batches.--The Administrator shall 
        assign chemical substances to subsequent batches in a 
        manner that the Administrator determines reflects the 
        extent to which the chemical substances warrant earlier 
        or later evaluation.
  (b) Categorization and Prioritization.--
          (1) Regulations.--Not later than 1 year after the 
        date of enactment of the Safe Chemicals Act of 2011, 
        the Administrator shall promulgate regulations that--
                  (A) establish the categories and specify the 
                process and criteria the Administrator will use 
                to categorize chemical substances, which shall 
                be consistent with paragraph (3)(B), beginning 
                with those chemical substances assigned to the 
                initial batch described in subsection (a)(3);
                  (B) designate the process and criteria the 
                Administrator will use to prioritize chemical 
                substances that are placed in the category of 
                chemical substances to undergo safety standard 
                determinations, which shall be consistent with 
                the priorities described in paragraph (4);
                  (C) describe how the categorization and 
                prioritization process and criteria relate to, 
                and take into account, the categorization and 
                prioritization decisions made in other 
                jurisdictions, including States and foreign 
                governments; and
                  (D) describe criteria and factors the 
                Administrator will use to weigh evidence and 
                assess the quality and reliability of 
                information used to inform categorization and 
                prioritization decisions.
          (2) Information sources.--
                  (A) In general.--In making categorization and 
                prioritization decisions, the Administrator 
                shall take into consideration information 
                regarding chemical substances that is available 
                to the Administrator at the time the decisions 
                are made, including information that is--
                          (i) received by the Administrator 
                        from manufacturers or processors 
                        pursuant to requirements under section 
                        8(b) and (c);
                          (ii) included in any minimum 
                        information set required under section 
                        4;
                          (iii) submitted to the Administrator 
                        that is relevant to the categorization 
                        or prioritization of the chemical 
                        substance; and
                          (iv) identified through an active 
                        search by the Administrator of 
                        information sources that are publicly 
                        available or otherwise accessible to 
                        the Administrator.
                  (B) Information from manufacturers and 
                processors.--
                          (i) In general.--Subject to clause 
                        (ii), on designation by the 
                        Administrator under paragraph 
                        (3)(B)(iii) of a chemical substance 
                        safety standard determination, any 
                        manufacturer or processor of a 
                        designated chemical substance and any 
                        trade association or voluntary 
                        consortium that represents a 
                        manufacturer or processor of a 
                        designated chemical substance may 
                        provide to the Administrator 
                        information that--
                                  (I) relates to the chemical 
                                substances manufactured or 
                                processed by the applicable 
                                manufacturer or processor;
                                  (II) is in the possession of, 
                                or known to, the manufacturer, 
                                processor, trade association, 
                                or consortium; and
                                  (III) is not already 
                                available to the Administrator.
                          (ii) Requirement.--If a manufacturer, 
                        processor, trade association, or 
                        consortium elects to provide 
                        information to the Administrator under 
                        clause (i), the manufacturer, 
                        processor, trade association, or 
                        consortium shall provide all relevant 
                        information in the possession of, or 
                        known to, the manufacturer, processor, 
                        trade association, or consortium for 
                        each chemical substance designated by 
                        the Administrator that is manufactured 
                        or processed by the applicable 
                        manufacturer or processor.
                          (iii) Method of submission.--
                        Information described in this 
                        subparagraph may be submitted to the 
                        Administrator by--
                                  (I) a manufacturer or 
                                processor--
                                          (aa) on an individual 
                                        basis; or
                                          (bb) through a trade 
                                        association or 
                                        voluntary consortium; 
                                        and
                                  (II) a trade association or 
                                voluntary consortium that has 
                                developed relevant information 
                                on behalf of the manufacturers 
                                or processors of designated 
                                chemical substances represented 
                                by the trade association or 
                                voluntary consortium.
          (3) Categorization of chemical substances.--
                  (A) Timing.--
                          (i) Initial batch.--Not later than 
                        180 days after the date of promulgation 
                        of regulations pursuant to paragraph 
                        (1), the Administrator shall publish, 
                        subject to section 14, the category 
                        assignments for the initial batch of 
                        chemical substances identified under 
                        subsection (a)(3), using the categories 
                        described in subparagraph (B).
                          (ii) Subsequent batches.--Not later 
                        than 180 days after the date on which 
                        the Administrator designates each 
                        subsequent batch of chemical substances 
                        under subsection (a)(2)(A), the 
                        Administrator shall publish the 
                        category assignments for the chemical 
                        substances in the batch.
                  (B) Categories.--The regulation promulgated 
                pursuant to paragraph (1) shall incorporate, 
                establish criteria for, and further specify as 
                needed, the following categories into which 
                chemical substances in each batch shall be 
                placed:
                          (i) Substances of very high 
                        concern.--
                                  (I) In general.--The 
                                Administrator shall designate 
                                as substances of very high 
                                concern those chemical 
                                substances--
                                          (aa) for which there 
                                        is evidence of 
                                        widespread exposure and 
                                        that--
                                                  (AA) are 
                                                toxic, persist 
                                                in the 
                                                environment, 
                                                and are 
                                                bioaccumulative;
                                                 or
                                                  (BB) are 
                                                highly 
                                                hazardous;
                                          (bb) that are subject 
                                        to regulation under 
                                        section 6 or 7 of this 
                                        Act (as in effect on 
                                        the day before the date 
                                        of enactment of the 
                                        Safe Chemicals Act of 
                                        2011); or
                                          (cc) that are subject 
                                        to a voluntary phase-
                                        out, administered by 
                                        the Administrator, that 
                                        has been completed or 
                                        is underway at the time 
                                        the category 
                                        designation is made.
                                  (II) Information set.--A 
                                minimum information set, as 
                                specified under section 4, need 
                                not be submitted or otherwise 
                                available for a chemical 
                                substance to be designated a 
                                substance of very high concern 
                                under this clause.
                          (ii) Substances of very low 
                        concern.--
                                  (I) In general.--The 
                                Administrator shall designate 
                                as substances of very low 
                                concern those chemical 
                                substances that, based on 
                                robust information, the 
                                Administrator determines 
                                possess intrinsic low-hazard 
                                properties such that no further 
                                action by the Administrator is 
                                warranted, unless the 
                                Administrator receives new 
                                information that warrants a 
                                different categorization of the 
                                chemical substance.
                                  (II) Factors for 
                                consideration.--In designating 
                                chemical substances to be 
                                placed in the very low concern 
                                category under this clause, the 
                                Administrator shall--
                                          (aa) take into 
                                        consideration whether 
                                        chemical substances in 
                                        commerce have received, 
                                        as of the date of 
                                        enactment of the Safe 
                                        Chemicals Act of 2011, 
                                        exemptions under 
                                        section 5 of this Act 
                                        (as in effect on the 
                                        day before the date of 
                                        enactment of the Safe 
                                        Chemicals Act of 2011) 
                                        based on anticipated 
                                        low intrinsic hazard; 
                                        and
                                          (bb) in general, base 
                                        the designation on a 
                                        minimum information set 
                                        as required under 
                                        section 4, unless the 
                                        Administrator 
                                        determines that such 
                                        designation of a 
                                        particular chemical 
                                        substance--
                                                  (AA) can be 
                                                made to a high 
                                                degree of 
                                                confidence 
                                                based on less 
                                                information; or
                                                  (BB) requires 
                                                information in 
                                                addition to the 
                                                full minimum 
                                                information set 
                                                to address 
                                                conflicting or 
                                                ambiguous 
                                                findings, in 
                                                which case the 
                                                Administrator 
                                                may require the 
                                                development and 
                                                submission of 
                                                the additional 
                                                information.
                          (iii) Substances to undergo safety 
                        standard determinations.--The 
                        Administrator shall designate as 
                        substances to undergo safety standard 
                        determinations those chemical 
                        substances that the Administrator 
                        determines--
                                  (I) based on a screening of 
                                available use, hazard, and 
                                exposure information, do not 
                                meet the criteria for the 
                                categories described in clauses 
                                (i) and (ii); and
                                  (II) are the subject of 
                                available information that is 
                                sufficiently robust to inform 
                                prioritization decisions to be 
                                made for the chemical 
                                substances under paragraph (4).
                          (iv) Substances with insufficient 
                        information.--
                                  (I) In general.--The 
                                Administrator shall designate 
                                as substances with insufficient 
                                information those chemical 
                                substances for which the 
                                Administrator determines, after 
                                gathering and screening 
                                available use, hazard, and 
                                exposure information, that 
                                information is not available, 
                                is insufficient, or is not of 
                                sufficient quality and 
                                reliability to allow for an 
                                informed categorization 
                                decision.
                                  (II) Minimum information 
                                set.--
                                          (aa) In general.--For 
                                        chemical substances 
                                        designated under this 
                                        clause, the 
                                        Administrator shall 
                                        require submission of 
                                        the applicable minimum 
                                        information set 
                                        specified under section 
                                        4 as needed to inform 
                                        categorization 
                                        decisionmaking.
                                          (bb) Timing.--The 
                                        minimum information set 
                                        shall be submitted to 
                                        the Administrator--
                                                  (AA) not 
                                                later than 5 
                                                years after the 
                                                date of 
                                                enactment of 
                                                the Safe 
                                                Chemicals Act 
                                                of 2011 for the 
                                                initial batch 
                                                of chemical 
                                                substances 
                                                identified 
                                                under 
                                                subsection 
                                                (a)(3); and
                                                  (BB) not 
                                                later than 5 
                                                years after the 
                                                assignment of a 
                                                chemical 
                                                substance to 
                                                the category 
                                                under this 
                                                clause for 
                                                subsequent 
                                                batches.
                                  (III) Recategorization.--
                                          (aa) In general.--
                                        After submission of the 
                                        minimum information set 
                                        for a chemical 
                                        substance pursuant to 
                                        subclause (I), the 
                                        Administrator shall 
                                        recategorize the 
                                        chemical substance 
                                        using the categories 
                                        and process described 
                                        in this paragraph.
                                          (bb) Discretion of 
                                        administrator.--The 
                                        Administrator, taking 
                                        into account the timing 
                                        of the submission and 
                                        workload 
                                        considerations, may--
                                                  (AA) add a 
                                                chemical 
                                                substance to a 
                                                current batch; 
                                                or
                                                  (BB) hold the 
                                                chemical 
                                                substance until 
                                                the next batch 
                                                of chemical 
                                                substances for 
                                                recategorization
                                                .
          (4) Prioritization of chemical substances.--
                  (A) Timing.--
                          (i) Initial batch.--Not later than 
                        270 days after the date of promulgation 
                        of regulations pursuant to paragraph 
                        (1), the Administrator shall publish, 
                        subject to section 14, the priority 
                        class assignments, using the priority 
                        classes described in subparagraph (B), 
                        for the chemical substances in the 
                        initial batch of chemical substances 
                        identified under subsection (a)(3) that 
                        the Administrator has assigned to the 
                        category of chemical substances to 
                        undergo safety standard determinations.
                          (ii) Subsequent batches.--Not later 
                        than 270 days after the date on which 
                        the Administrator designates each 
                        subsequent batch of chemical substances 
                        under subsection (a)(2)(A), the 
                        Administrator shall publish the 
                        priority class assignments for the 
                        chemical substances in the batch that 
                        the Administrator has assigned to the 
                        category of chemical substances to 
                        undergo safety standard determinations.
                  (B) Criteria.--The criteria used by the 
                Administrator to assign chemical substances to 
                priority classes shall take into account--
                          (i) potential impacts of the chemical 
                        substance on human health and the 
                        environment;
                          (ii) the hazard potential of the 
                        chemical substance, including 
                        classifications and designations of 
                        hazard characteristics by other 
                        authoritative entities;
                          (iii) the potential for exposure to 
                        the chemical substance; and
                          (iv) measurements of exposure for a 
                        given pathway of exposure, if available 
                        and reliable, in preference to less 
                        direct indicators of, or surrogates 
                        for, exposure potential for the same 
                        pathway.
                  (C) Priority classes.--The regulations 
                promulgated pursuant to paragraph (1) shall 
                establish the following priority classes and 
                criteria, and further specify the process the 
                Administrator will use to assign to the 
                priority classes the chemical substances in 
                each batch that the Administrator has assigned 
                to the category of chemical substances to 
                undergo safety standard determinations:
                          (i) Priority class 1.--
                                  (I) In general.--In each 
                                batch, the Administrator shall 
                                designate as Priority Class 1 
                                those chemical substances that 
                                the Administrator determines 
                                warrant safety standard 
                                determinations in the near 
                                term.
                                  (II) Initial assignment.--The 
                                Administrator shall in each 
                                batch initially designate as 
                                Priority Class 1 chemical 
                                substances that possess 
                                relatively greater hazard 
                                potential and for which there 
                                is evidence of more significant 
                                or widespread exposure.
                                  (III) Reassignment.--As 
                                safety standard determinations 
                                for the chemical substance are 
                                completed, the Administrator 
                                may designate as Priority Class 
                                1 any chemical substance 
                                initially assigned to a lower 
                                priority class, including 
                                chemical substances--
                                          (aa) posing 
                                        significant hazard 
                                        concerns but of less or 
                                        unknown exposure 
                                        concern;
                                          (bb) posing 
                                        significant exposure 
                                        concern but of less or 
                                        unknown hazard concern; 
                                        or
                                          (cc) posing less 
                                        hazard and exposure 
                                        concerns.
                                  (IV) Factors for 
                                consideration.--In determining 
                                the number of chemical 
                                substances to be placed in 
                                Priority Class 1, the 
                                Administrator shall seek to 
                                balance considerations relating 
                                to--
                                          (aa) the number of 
                                        chemical substances for 
                                        which safety standard 
                                        determinations need to 
                                        be conducted;
                                          (bb) the resources 
                                        available to the 
                                        Administrator for 
                                        conducting safety 
                                        standard 
                                        determinations; and
                                          (cc) the deadlines 
                                        for completion of 
                                        safety standard 
                                        determinations 
                                        specified in subsection 
                                        (d)(4).
                          (ii) Priority class 2.--
                                  (I) In general.--The 
                                Administrator shall designate 
                                as Priority Class 2 those 
                                chemical substances that the 
                                Administrator determines are of 
                                lower priority than Priority 
                                Class 1 substances with respect 
                                to the timing for conducting 
                                safety standard determinations.
                                  (II) Minimum information 
                                set.--
                                          (aa) In general.--For 
                                        chemical substances 
                                        designated under this 
                                        clause, the 
                                        Administrator shall 
                                        require submission of 
                                        the applicable minimum 
                                        information set 
                                        specified under section 
                                        4 as needed to inform 
                                        prioritization 
                                        decisionmaking.
                                          (bb) Timing.--The 
                                        minimum information set 
                                        shall be submitted to 
                                        the Administrator--
                                                  (AA) not 
                                                later than 5 
                                                years after the 
                                                date of 
                                                enactment of 
                                                the Safe 
                                                Chemicals Act 
                                                of 2011 for 
                                                chemical 
                                                substances in 
                                                the initial 
                                                batch 
                                                identified 
                                                under 
                                                subsection 
                                                (a)(3) that are 
                                                assigned to 
                                                Priority Class 
                                                2; and
                                                  (BB) not 
                                                later than 5 
                                                years after the 
                                                assignment of a 
                                                chemical 
                                                substance to 
                                                Priority Class 
                                                2 under this 
                                                clause for 
                                                subsequent 
                                                batches.
                                  (III) Reprioritization.--
                                After submission of the minimum 
                                information set for a chemical 
                                substance under subclause (II), 
                                the Administrator shall, if 
                                warranted, recategorize or 
                                otherwise reprioritize the 
                                chemical substance using the 
                                priority classes and process 
                                described in this paragraph, 
                                together with other chemical 
                                substances in the batch 
                                undergoing prioritization at 
                                the time of the submission.
                                  (IV) Reprioritization to 
                                priority class 1.--As safety 
                                standard determinations are 
                                completed on Priority Class 1 
                                chemical substances pursuant to 
                                subsection (d), the 
                                Administrator shall 
                                reprioritize Priority Class 2 
                                substances as Priority Class 1 
                                at a pace consistent with--
                                          (aa) the resources 
                                        available to the 
                                        Administrator for 
                                        conducting safety 
                                        standard 
                                        determinations; and
                                          (bb) the deadlines 
                                        for completion of 
                                        safety standard 
                                        determinations 
                                        specified in subsection 
                                        (d)(4).
                          (iii) Priority class 3.--
                                  (I) In general.--The 
                                Administrator shall designate 
                                as Priority Class 3 those 
                                chemical substances that the 
                                Administrator determines may be 
                                set aside for further 
                                assessment until such time as--
                                          (aa) safety standard 
                                        determinations are 
                                        completed on all 
                                        Priority Class 1 and 2 
                                        substances; or
                                          (bb) new information 
                                        arises that warrants 
                                        reprioritization of 
                                        such a substance to a 
                                        higher priority class.
                                  (II) Minimum information 
                                set.--
                                          (aa) In general.--For 
                                        a chemical substance 
                                        designated under this 
                                        clause, the 
                                        Administrator shall not 
                                        require submission of 
                                        the applicable minimum 
                                        information set 
                                        specified under section 
                                        4 until such time as 
                                        the chemical substance 
                                        is reassigned to 
                                        Priority Class 1 or 2.
                                          (bb) Submission.--On 
                                        reassignment of a 
                                        chemical substance to 
                                        Priority Class 1 or 2 
                                        under item (aa), the 
                                        minimum information set 
                                        shall be submitted to 
                                        the Administrator not 
                                        later than 5 years 
                                        after the date of the 
                                        reassignment.
                                  (III) Reprioritization.--
                                After submission of the minimum 
                                information set for a chemical 
                                substance pursuant to subclause 
                                (II), the Administrator shall 
                                reprioritize the chemical 
                                substance using the priority 
                                classes and process described 
                                in this paragraph, together 
                                with chemical substances in the 
                                batch undergoing prioritization 
                                at the time of the submission.
                                  (IV) Reprioritization to 
                                priority classes 1 and 2.--In 
                                conjunction with the 
                                reprioritization by the 
                                Administrator of Priority Class 
                                2 substances as Priority Class 
                                1, the Administrator shall 
                                reprioritize Priority Class 3 
                                substances as Priority Class 1 
                                or 2, at a pace consistent 
                                with--
                                          (aa) the resources 
                                        available to the 
                                        Administrator for 
                                        conducting safety 
                                        standard 
                                        determinations; and
                                          (bb) the deadlines 
                                        for completion of 
                                        safety standard 
                                        determinations 
                                        specified in subsection 
                                        (d)(4).
  (c) Treatment as Final Agency Action; No Judicial Review; 
Nondiscretionary Duty.--
          (1) In general.--The designation by the Administrator 
        of batches of chemical substances pursuant to 
        subsection (a), the assignment of chemical substances 
        to categories pursuant to subsection (b)(3), and the 
        assignment of chemical substances to priority classes 
        pursuant to subsection (b)(4), including any 
        determination of the Administrator to include a 
        specific chemical substance in, or exclude a specific 
        chemical substance from, a designated batch, category, 
        or priority class under this section, shall not be--
                  (A) considered to be a final agency action 
                for the purpose of subchapter II of chapter 5, 
                and chapter 7, of title 5, United States Code 
                (commonly known as `the Administrative 
                Procedure Act'); or
                  (B) subject to judicial review.
          (2) Failure to act.--A failure by the Administrator 
        to designate or publish a list of chemical substances 
        assigned to a batch, category, or priority class in 
        accordance with this subsection shall be--
                  (A) considered to be a failure to perform a 
                nondiscretionary duty; and
                  (B) subject to judicial review.
  (d) Safety Standard Determinations for Chemical Substances.--
          (1) In general.--
                  (A) Application.--This paragraph applies to 
                any determination or redetermination regarding 
                whether a chemical substance meets the safety 
                standards of this Act.
                  (B) Responsibilities.--
                          (i) In general.--For purposes of this 
                        Act, each manufacturer and processor of 
                        a chemical substance shall at all times 
                        bear the burden of proof in any legal 
                        proceeding relating to a decision of 
                        the Administrator regarding whether the 
                        chemical substance meets the safety 
                        standard.
                          (ii) Duties.--For purposes of this 
                        Act--
                                  (I) it shall be the duty of 
                                the manufacturer or processor 
                                of a chemical substance to 
                                provide sufficient information 
                                for the Administrator to 
                                determine whether the chemical 
                                substance meets the safety 
                                standard; and
                                  (II) it shall be the duty of 
                                the Administrator to determine 
                                whether a chemical substance 
                                meets the safety standard.
          (2) Assessment of risk.--
                  (A) Assessment.--
                          (i) In general.--A chemical substance 
                        that undergoes a safety standard 
                        determination under this section may be 
                        manufactured, processed, or distributed 
                        in commerce only if the Administrator 
                        determines that the chemical 
                        substance--
                                  (I) meets the safety 
                                standard, taking into account 
                                any existing conditions or 
                                controls already in effect; or
                                  (II) can meet the safety 
                                standard for all or some uses 
                                through the imposition of 
                                additional conditions.
                          (ii) Requirement.--Any assessment of 
                        risk used to support a determination 
                        that a chemical substance meets the 
                        safety standard under clause (i) shall 
                        be conducted by employees of the 
                        Environmental Protection Agency who are 
                        competent to conduct such assessments.
                  (B) Safety standard.--
                          (i) In general.--The Administrator 
                        shall base a determination of whether a 
                        safety standard for a chemical 
                        substance has been met under 
                        subparagraph (A) solely on 
                        considerations of human health and the 
                        environment, including the health of 
                        vulnerable populations.
                          (ii) Considerations.--In making a 
                        safety standard determination under 
                        this subsection, for each chemical 
                        substance, the Administrator shall--
                                  (I) to the extent 
                                practicable, review and 
                                incorporate any available 
                                scientific information relating 
                                to the effect of cumulative 
                                exposure relevant to that 
                                chemical substance on human 
                                health and the environment; and
                                  (II) find that a chemical 
                                substance meets the safety 
                                standard only if the 
                                Administrator finds that there 
                                is a reasonable certainty that 
                                no harm will result to human 
                                health or the environment from 
                                aggregate exposure to the 
                                chemical substance.
                  (C) Financial interests.--No person 
                conducting an assessment described in 
                subparagraph (A), or a peer review of such an 
                assessment, may have a direct or indirect 
                financial interest in the outcome of the 
                assessment.
                  (D) Methodology.--
                          (i) In general.--Subject to clause 
                        (ii), the Administrator shall use the 
                        best available science when conducting 
                        an assessment described in subparagraph 
                        (A).
                          (ii) Considerations.--For the purpose 
                        of determining the current best 
                        available science the Administrator 
                        shall base the determination on the 
                        recommendations of the National Academy 
                        of Sciences in the report entitled 
                        `Science and Decisions'.
                          (iii) Review.--Not later than 5 years 
                        after the date of enactment of the Safe 
                        Chemicals Act of 2011, and not less 
                        frequently than once every 5 years 
                        thereafter, the Administrator shall 
                        review the methodology under this 
                        paragraph and may revise the 
                        methodology to reflect new scientific 
                        developments or understandings.
                  (E) Scope.--An assessment described in 
                subparagraph (A) shall address health or 
                environmental impacts including potential or 
                demonstrated cancer and noncancer endpoints.
                  (F) Transparency.--In carrying out this 
                subsection, the Administrator shall ensure that 
                the approaches and resulting assessments are 
                communicated in a manner that is transparent 
                and understandable to--
                          (i) the public; and
                          (ii) risk managers.
                  (G) Manufacture or processing for export.--In 
                the case of a chemical substance that is 
                manufactured or processed in whole or in part 
                for export, in determining whether the chemical 
                substance meets the safety standard under 
                subparagraph (A)(i), the Administrator shall 
                take into account any risk--
                          (i) that the chemical substance may 
                        pose in the United States, including 
                        risks involving long-range transport of 
                        the chemical substance in the 
                        environment; or
                          (ii) involving the import of articles 
                        and mixtures containing the chemical 
                        substance.
                  (H) Risk assessment not required.--The 
                Administrator shall not be required to conduct 
                a risk assessment to determine that a 
                manufacturer or processor has not met the 
                burden of proof under paragraph (1)(B).
                  (I) No judicial review.--A determination by 
                the Administrator that a manufacturer or 
                processor has not established that the chemical 
                substance meets the applicable safety standard 
                under this subsection shall not be subject to 
                judicial review.
          (3) Information for safety standard determinations.--
                  (A) In general.--In making a safety standard 
                determination with respect to a chemical 
                substance, the Administrator--
                          (i) shall take into consideration 
                        information regarding the chemical 
                        substance that is already available to 
                        the Administrator at the time the 
                        determination is to be made, including 
                        information--
                                  (I) received by the 
                                Administrator from 
                                manufacturers or processors 
                                under this section or section 
                                8;
                                  (II) contained in any minimum 
                                information sets previously 
                                required under section 4;
                                  (III) voluntarily submitted 
                                by manufacturers and processors 
                                in accordance with subsection 
                                (b)(2)(B);
                                  (IV) submitted by any other 
                                party to the Administrator that 
                                is relevant to the conduct of a 
                                safety standard determination 
                                of the chemical substance; or
                                  (V) identified through an 
                                active search by the 
                                Administrator of information 
                                sources that are publicly 
                                available or otherwise 
                                accessible to the 
                                Administrator;
                          (ii) shall require information needed 
                        to complete the applicable minimum 
                        information set for the chemical 
                        substance required under section 4(a);
                          (iii) may require, by regulation or 
                        order pursuant to section 4(b) or 8(e), 
                        manufacturers or processors of the 
                        chemical substance to develop and 
                        submit any additional information the 
                        Administrator determines is needed to 
                        conduct the safety standard 
                        determination of the chemical 
                        substance; and
                          (iv) shall take into consideration, 
                        but not rely on, assessments of safety 
                        or analyses of the effectiveness of 
                        existing control measures--
                                  (I) submitted to the 
                                Administrator by any party; or
                                  (II) conducted by a 
                                governmental entity in another 
                                jurisdiction.
          (4) Timing of safety standard determinations.--
                  (A) Priority class 1.--
                          (i) In general.--Beginning with 
                        chemical substances initially 
                        designated as Priority Class 1 under 
                        subsection (b)(4)(C)(i), the 
                        Administrator shall conduct safety 
                        standard determinations of all chemical 
                        substances assigned to the category of 
                        substances to undergo safety standard 
                        determinations pursuant to subsection 
                        (b)(3)(B)(iii).
                          (ii) Initial batch.--Not later than 5 
                        years after the date of enactment of 
                        the Safe Chemicals Act of 2011, the 
                        Administrator shall complete and 
                        publish safety standard determinations 
                        for all chemical substances designated 
                        as Priority Class 1 substances in the 
                        initial batch of chemical substances 
                        identified under subsection (a)(3).
                          (iii) Subsequent batches.--Not later 
                        than 5 years after the date on which 
                        the Administrator designates chemical 
                        substances as Priority Class 1 in each 
                        subsequent batch of chemical substances 
                        under subsection (a)(2)(A), the 
                        Administrator shall complete and 
                        publish safety standard determinations 
                        for those Priority Class 1 substances 
                        in the batch.
                  (B) Priority classes 2 and 3.--
                          (i) In general.--Each chemical 
                        substance initially designated as 
                        Priority Class 2 or 3 shall become 
                        subject to reprioritization and safety 
                        standard determinations in accordance 
                        with subsection (b)(4).
                          (ii) Reprioritization.--Not later 
                        than 5 years after the date on which 
                        the Administrator designates a Priority 
                        Class 2 or 3 substance to be Priority 
                        Class 1, the Administrator shall 
                        complete and publish the safety 
                        standard determination on the chemical 
                        substance.
                  (C) Notice of overdue determination.--If the 
                Administrator fails to act by an applicable 
                deadline under subparagraph (A) or (B), each 
                manufacturer and processor of a chemical 
                substance for which the Administrator has 
                failed to act shall provide to the 
                Administrator, the public, employees and 
                recognized bargaining agents of any employees 
                who are represented by bargaining agents of the 
                manufacturer or processor, and each known 
                customer who has purchased the chemical 
                substance within a reasonable timeframe, as 
                determined by the Administrator by regulation 
                or order, a written notice that a determination 
                by the Administrator of the safety of the 
                chemical substance is pending.
                  (D) Failure of manufacturer or processor to 
                meet duties.--If a manufacturer or processor 
                fails to meet any duty under this paragraph for 
                a chemical substance, the Administrator, by 
                order, may take any action authorized under 
                subsection (f).
          (5) Outcome of safety standard determinations.--
                  (A) Determination.--
                          (i) In general.--In making a safety 
                        standard determination for a chemical 
                        substance, the Administrator, by order, 
                        shall determine or redetermine, as 
                        appropriate, whether the manufacturers 
                        and processors of the chemical 
                        substance have established that the 
                        chemical substance meets the safety 
                        standard.
                          (ii) Concurrent publication.--The 
                        Administrator--
                                  (I) shall seek to publish 
                                safety standard determination 
                                and risk management decisions 
                                concurrently, to the maximum 
                                extent practicable; but
                                  (II) shall not unduly delay 
                                the issuance of any safety 
                                standard determination if more 
                                information or analysis is 
                                required to make a 
                                determination regarding risk 
                                management.
                          (iii) Other requirements.--The 
                        Administrator--
                                  (I) may publish safety 
                                standard determinations for 
                                chemical substances 
                                individually or in groups; but
                                  (II) shall publish completed 
                                determinations--
                                          (aa) not less 
                                        frequently than 
                                        annually; and
                                          (bb) at a pace 
                                        sufficient to 
                                        demonstrate steady 
                                        progress toward 
                                        completing all such 
                                        safety standard 
                                        determinations within 
                                        the required timeframe.
                          (iv) Public notice and comment.--The 
                        Administrator shall provide reasonable 
                        public notice and opportunity for 
                        comment on all published safety 
                        standard determinations through any 
                        reasonable means of publication and 
                        solicitation of comments, including 
                        electronic means.
                  (B) Positive safety standard determination 
                without new conditions.--If the Administrator 
                determines that a chemical substance meets the 
                safety standard for all current uses and under 
                conditions currently used, the Administrator 
                shall specify in the order--
                          (i) the allowed uses of the chemical 
                        substance, which shall be limited to 
                        the uses evaluated in the 
                        determination; and
                          (ii) conditions on the specified uses 
                        that are currently used and are to be 
                        followed to ensure the safety standard 
                        is met, including conditions relating 
                        to the manufacture, processing, use, 
                        distribution in commerce, or disposal 
                        of a chemical substance or mixture or 
                        article containing the chemical 
                        substance.
                  (C) Positive safety standard determination 
                with new conditions.--If the Administrator 
                determines that a chemical substance can only 
                meet the safety standard for a subset of all 
                current uses or only under conditions beyond 
                those currently used, the Administrator shall 
                specify in the order--
                          (i) the allowed uses of the chemical 
                        substance, which shall be limited to 
                        the uses evaluated in the determination 
                        that the Administrator determines meet 
                        the safety standard; and
                          (ii) all current and all newly 
                        required conditions on the specified 
                        uses needed to ensure the safety 
                        standard is met, including conditions 
                        relating to the manufacture, 
                        processing, use, distribution in 
                        commerce, or disposal of a chemical 
                        substance or mixture or article 
                        containing the chemical substance, and 
                        any conditions described in subsection 
                        (f).
                  (D) Effective date for positive safety 
                standard determination.--
                          (i) Without new conditions.--
                        Effective beginning on the date that is 
                        90 days after the date of a 
                        determination by the Administrator 
                        under subparagraph (B), no person shall 
                        manufacture, process, or distribute in 
                        commerce the chemical substance subject 
                        to the determination, or any mixture or 
                        article containing the chemical 
                        substance, for any use or under any 
                        condition other than those specified in 
                        the determination order.
                          (ii) With new conditions.--Effective 
                        beginning on the date that is 18 months 
                        after the date of a determination by 
                        the Administrator under subparagraph 
                        (C), except as provided in clause 
                        (iii), no person shall manufacture, 
                        process, or distribute in commerce the 
                        chemical substance subject to the 
                        determination, or any mixture or 
                        article containing the chemical 
                        substance, for any use or under any 
                        condition other than those specified in 
                        the determination order.
                          (iii) Exceptional circumstance.--The 
                        Administrator may grant a manufacturer 
                        or processor of a chemical substance a 
                        1-time extension of the deadline for 
                        complying with a restriction under 
                        clause (ii), for a period of not longer 
                        than 5 years after the date of the 
                        determination by the Administrator 
                        under subparagraph (C), if the 
                        manufacturer or processor 
                        demonstrates--
                                  (I) a compelling 
                                technological need to continue 
                                a restricted activity beyond 
                                the applicable 18-month time 
                                period; or
                                  (II) that a factor wholly 
                                beyond the control of the 
                                manufacturer or processor 
                                prevents compliance with the 
                                restriction within that 18-
                                month time period.
                  (E) Redetermination.--
                          (i) In general.--The Administrator 
                        shall initiate a redetermination of 
                        whether a chemical substance meets the 
                        safety standard if new information or 
                        significant changes in manufacture, 
                        processing, use, or distribution in 
                        commerce of the chemical substance, or 
                        mixtures or articles containing the 
                        chemical substance, raise a credible 
                        question as to whether the chemical 
                        substance continues to meet the safety 
                        standard.
                          (ii) New methodologies.--The 
                        Administrator may initiate a 
                        redetermination of whether a chemical 
                        substance meets the safety standard if 
                        significant changes have occurred in 
                        the methodologies used in the initial 
                        safety standard determination such that 
                        a redetermination using the newer 
                        methodologies would provide a 
                        significantly improved determination of 
                        the safety of the chemical substance.
                          (iii) New information.--For a 
                        chemical substance for which a safety 
                        standard determination has been 
                        completed, the Administrator shall 
                        assess, on an ongoing basis, new 
                        information, including that obtained 
                        from reporting under section 8, to 
                        decide whether such information raises 
                        a credible question as to whether a 
                        chemical substance continues to meet 
                        the safety standard
                          (iv) Petition for redetermination.--
                                  (I) In general.--Any person 
                                may petition the Administrator 
                                for a redetermination of 
                                whether a chemical substance 
                                continues to meet the safety 
                                standard.
                                  (II) Basis.--A person shall 
                                include in a petition under 
                                this clause a description of 
                                the basis for requesting the 
                                redetermination.
                                  (III) Action by 
                                administrator.--On receipt of a 
                                petition under this clause, the 
                                Administrator shall--
                                          (aa) not later than 
                                        30 days after the date 
                                        of receipt, publish in 
                                        the Federal Register a 
                                        notice of receipt of 
                                        the petition that 
                                        specifies the chemical 
                                        identity of the 
                                        chemical substance to 
                                        which the petition 
                                        pertains;
                                          (bb) make the 
                                        petition available on 
                                        request;
                                          (cc) provide a 
                                        reasonable opportunity 
                                        for public review and 
                                        comment on the petition 
                                        and give due 
                                        consideration to any 
                                        comments received;
                                          (dd) decide whether 
                                        to make the requested 
                                        redetermination; and
                                          (ee) not later than 
                                        180 days after the date 
                                        of receipt, publish in 
                                        the Federal Register 
                                        the decision and the 
                                        basis for the decision.
                          (v) Deadline for completion.--Each 
                        redetermination carried out under this 
                        subparagraph shall be completed by not 
                        later than 3 years after the date of 
                        the decision to make the 
                        redetermination.
                  (F) Negative safety standard determination.--
                          (i) Restriction.--Except as provided 
                        in clause (ii) and subsection (h), 
                        effective beginning on the date that is 
                        18 months after the date on which the 
                        Administrator makes a determination 
                        under this subsection that a chemical 
                        substance fails to meet the safety 
                        standard, regardless of whether 
                        additional restrictions on use or risk 
                        management conditions are imposed, no 
                        person shall manufacture, process, or 
                        distribute in commerce that chemical 
                        substance or any mixture or article 
                        containing the chemical substance.
                          (ii) Exceptional circumstance.--The 
                        Administrator may grant a manufacturer 
                        or processor of a chemical substance a 
                        1-time extension of the deadline for 
                        complying with the restriction under 
                        clause (i), for a period of not longer 
                        than 5 years after the date of the 
                        determination by the Administrator 
                        under this subparagraph, if the 
                        manufacturer or processor 
                        demonstrates--
                                  (I) a compelling 
                                technological need to continue 
                                a restricted activity beyond 
                                the applicable 18-month time 
                                period; or
                                  (II) that a factor wholly 
                                beyond the control of the 
                                manufacturer or processor 
                                prevents compliance with the 
                                restriction within that 18-
                                month time period.
  (e) Expedited Action for Substances of Very High Concern.--
          (1) Use and exposure assessment.--
                  (A) In general.--Not later than 180 days 
                after the date on which a chemical substance is 
                assigned to the category of substances of very 
                high concern under subsection (b)(3)(B)(i), the 
                Administrator may require, by order pursuant to 
                section 8(g), the submission by manufacturers 
                or processors of the chemical substance of any 
                additional information the Administrator 
                determines to be necessary to conduct an 
                expedited assessment of the known uses of, and 
                exposures to, the chemical substance.
                  (B) Publication.--Not later than 1 year after 
                the date on which a chemical substance is 
                assigned to the category of substances of very 
                high concern under subsection (b)(3)(B)(i), the 
                Administrator shall complete and publish an 
                identification and assessment of the known uses 
                of, and exposures to, the chemical substance.
          (2) Exposure reduction.--
                  (A) Use restrictions and other conditions.--
                As soon as practicable, but not later than 18 
                months, after the date on which a chemical 
                substance is assigned to the category of 
                substances of very high concern under 
                subsection (b)(3)(B)(i), the Administrator 
                shall impose, by order, use restrictions and 
                other conditions, including the conditions 
                specified in subsection (f), on the 
                manufacturing, processing, use, distribution in 
                commerce, and disposal of the chemical 
                substance that the Administrator determines to 
                be necessary to achieve the maximum practicable 
                reduction in human or environmental exposure to 
                the chemical substance.
                  (B) Timing.--Except as provided in 
                subparagraph (C) and subsection (h), effective 
                beginning on the date that is 18 months after 
                the date of issuance by the Administrator of 
                the order described in subparagraph (A), no 
                person shall manufacture, process, or 
                distribute in commerce the chemical substance 
                subject to the determination, or any mixture or 
                article containing the chemical substance, for 
                any use or under any condition other than those 
                specified in the order issued under 
                subparagraph (A).
                  (C) Exceptional circumstance.--The 
                Administrator may grant a manufacturer or 
                processor of a chemical substance a 1-time 
                extension of the deadline for complying with 
                the restriction under subparagraph (B), for a 
                period of not longer than 5 years after the 
                date of the determination by the Administrator 
                under this paragraph, if the manufacturer or 
                processor demonstrates--
                          (i) a compelling technological need 
                        to continue a restricted activity 
                        beyond the applicable 18-month time 
                        period; or
                          (ii) that a factor wholly beyond the 
                        control of the manufacturer or 
                        processor prevents compliance with the 
                        restriction within that 18-month time 
                        period.
          (3) Residual risk assessment.--Not later than 1 year 
        after the deadline specified in paragraph (2)(B), or of 
        an alternative deadline provided under paragraph 
        (2)(C), the Administrator shall--
                  (A) determine whether the chemical substance 
                meets the safety standard for the chemical 
                substance, taking into account the residual 
                risk posed by continued exposure to the 
                chemical substance; and
                  (B) impose any additional restrictions on use 
                or other conditions under subsection (f) that 
                the Administrator determines to be necessary to 
                ensure that the chemical substance meets the 
                safety standard.
  (f) Risk Management.--In issuing an order under subsection 
(d) or (e), the Administrator may impose conditions on the 
manufacture, processing, use, distribution in commerce, or 
disposal of a chemical substance, or mixture or article 
containing a chemical substance, including a requirement--
          (1) limiting the quantity of the chemical substance 
        (or mixture or article containing that chemical 
        substance) that may be manufactured, processed, or 
        distributed in commerce;
          (2)(A) prohibiting the manufacturing, processing, or 
        distribution in commerce of the chemical substance (or 
        mixture or article containing that chemical substance) 
        for a particular use in a concentration in excess of a 
        level specified by the Administrator; or
          (B) limiting the quantity of the chemical substance 
        (or mixture or article containing that chemical 
        substance) that may be manufactured, processed, or 
        distributed in commerce for--
                  (i) a particular use; or
                  (ii) a particular use in a concentration in 
                excess of a level specified by the 
                Administrator;
          (3) that the chemical substance (or mixture, or 
        article containing that chemical substance) be marked 
        with, or accompanied by, clear and adequate warnings 
        and instructions with respect to use, distribution in 
        commerce, or disposal, or any combination of such 
        activities, with the form and content of the warnings 
        and instructions prescribed by the Administrator;
          (4) that manufacturers and processors of the chemical 
        substance (or mixture or article containing that 
        chemical substance)--
                  (A) make and retain records of the processes 
                used to manufacture or process the chemical 
                substance (or mixture or article containing 
                that chemical substance); and
                  (B) monitor or conduct tests that are 
                reasonable and necessary to ensure compliance 
                with this Act;
          (5) prohibiting or otherwise regulating any manner or 
        method of commercial use of the chemical substance (or 
        mixture or article containing that chemical substance);
          (6) prohibiting or otherwise regulating any manner or 
        method of disposal of the chemical substance, mixture, 
        or article, by--
                  (A) the manufacturer or processor of the 
                chemical substance (or mixture or article 
                containing that chemical substance); or
                  (B) any other person that uses or disposes of 
                the chemical substance (or mixture or article 
                containing that chemical substance) for 
                commercial purposes;
          (7) that the manufacturers and processors of the 
        chemical substance, mixture, or article develop a risk 
        reduction management plan, under subsection (h) or (e) 
        of this section, to achieve a risk reduction specified 
        by the Administrator; or
          (8) that the Administrator otherwise determines is 
        appropriate.
  (g) Quality Control Orders.--
          (1) In general.--If the Administrator has a 
        reasonable basis to conclude that a particular 
        manufacturer or processor is manufacturing or 
        processing a chemical substance in a manner that may 
        present a substantial endangerment to health or the 
        environment, the Administrator may require, by order, 
        that the manufacturer or processor submit to the 
        Administrator a description of the quality control 
        procedures followed in the manufacturing or processing 
        of the chemical substance or mixture.
          (2) Orders.--
                  (A) In general.--If the Administrator 
                determines that quality control procedures 
                described in paragraph (1) are inadequate to 
                prevent a chemical substance from presenting a 
                risk of injury to human health or the 
                environment, the Administrator may order the 
                manufacturer or processor to revise the quality 
                control procedures to the extent necessary to 
                remedy the inadequacy.
                  (B) Substantial endangerment.--If the 
                Administrator determines that quality control 
                procedures described in paragraph (1) have 
                resulted in the distribution in commerce of a 
                chemical substance that may present a 
                substantial endangerment to human health or the 
                environment, the Administrator may order the 
                manufacturer or processor--
                          (i) to give notice of the 
                        endangerment to--
                                  (I) processors or 
                                distributors (or both) in 
                                commerce of the chemical 
                                substance or mixture; and
                                  (II) to the extent reasonably 
                                ascertainable, any other person 
                                in possession of or exposed to 
                                the chemical substance or 
                                mixture;
                          (ii) to give public notice of the 
                        endangerment; and
                          (iii) to provide for the replacement 
                        or repurchase, as prescribed by the 
                        Administrator, of the chemical 
                        substance as the Administrator 
                        determines to be necessary to 
                        adequately protect human health or the 
                        environment.
  (h) Exemptions to Restrictions.--
          (1) Application.--This subsection applies to the 
        restrictions established under section 
        5(b)(1)(C)(ii)(I), subsection (d)(5), and subsection 
        (e).
          (2) Exemptions.--
                  (A) In general.--
                          (i) Request.--A person who 
                        manufacturers, processes, distributes 
                        in commerce, uses, or disposes of a 
                        chemical substance, or a mixture or 
                        article containing a chemical substance 
                        may request an exemption from any 
                        restriction referred to in paragraph 
                        (1) to which they are subject for a 
                        specified use of the chemical 
                        substance.
                          (ii) Order.--The Administrator may 
                        grant, by order, an exemption from any 
                        restriction referred to in paragraph 
                        (1) for a period of not longer than 5 
                        years if the person has established by 
                        clear and convincing evidence that the 
                        uses to be exempted meet the exemption 
                        criteria described in subparagraph (B).
                  (B) Criteria.--The Administrator may grant an 
                exemption for the use of a chemical substance 
                under subparagraph (A)(ii) if--
                          (i) the exemption is in the paramount 
                        interest of national security;
                          (ii) the lack of availability of the 
                        chemical substance would cause 
                        significant disruption in the national 
                        economy; or
                          (iii) the use for which the exemption 
                        is sought is a critical or essential 
                        use for which--
                                  (I) no feasible safer 
                                alternative for the specified 
                                use of the chemical substance 
                                is available; or
                                  (II) the specified use of the 
                                chemical substance, as compared 
                                to all available alternatives, 
                                provides a substantial net 
                                benefit to human health, the 
                                environment, or public safety.
                  (C) Public notice.--If the Administrator 
                grants an exemption for a chemical substance 
                under this paragraph--
                          (i) the manufacturer or processor of 
                        the chemical substance shall provide a 
                        notice of the exemption to each known 
                        purchaser of--
                                  (I) the chemical substance; 
                                and
                                  (II) a mixture or article 
                                containing the chemical 
                                substance; and
                          (ii) the Administrator shall provide 
                        the public with a notice of the 
                        exemption.
                  (D) Renewal.--The Administrator may renew, by 
                order, an exemption under this paragraph for 1 
                or more additional 5-year periods if the 
                Administrator concludes, after providing public 
                notice and an opportunity for comment, that the 
                use of the chemical substance continues to meet 
                the criteria described in subparagraph (B).
                  (E) Conditions.--
                          (i) In general.--The Administrator 
                        may impose, by order, any condition on 
                        an exemption issued under this 
                        paragraph that the Administrator 
                        determines to be necessary to ensure 
                        the protection of human health and the 
                        environment on the use of a chemical 
                        substance exempted under this 
                        paragraph.
                          (ii) Compliance.--Effective 
                        immediately after the Administrator 
                        establishes conditions on an exempted 
                        use under clause (i), the 
                        manufacturing, processing, or 
                        distribution in commerce of the 
                        chemical substance, or any mixture or 
                        article containing the chemical 
                        substance, shall be prohibited except 
                        to the extent that the conditions are 
                        satisfied.
          (3) Resale of used articles.--
                  (A) In general.--The restrictions referred to 
                in paragraph (1) shall not apply to the resale 
                of an article subject to a restriction under 
                subsection (b) if the article has previously 
                been used by an end consumer.
                  (B) Compliance.--The Administrator may 
                utilize the authorities contained in section 7 
                to address potential threats to public health 
                and the environment from such articles.
          (4) Extensions of effective dates for retail sale of 
        articles to end consumers.--
                  (A) In general.--Except as provided in 
                subparagraph (B), in the case of the retail 
                sale to an end consumer of a chemical substance 
                (or mixture or article containing that chemical 
                substance) that is subject to a restriction 
                described in paragraph (1), the Administrator 
                may extend, by order, the effective date of the 
                restriction by a period of not longer than 3 
                years, if the Administrator determines that the 
                extension--
                          (i) is necessary and appropriate to 
                        allow for depletion of the existing 
                        retail inventory; and
                          (ii) will not present a substantial 
                        endangerment to human health or the 
                        environment.
                  (B) Exception.--An extension under 
                subparagraph (A) shall not apply to any 
                retailer that the Administrator determines has 
                failed to comply with an order requesting 
                information issued by the Administrator 
                pursuant to section 8;
    [(e)](i) Polychlorinated Biphenyls.--(1) Within six months 
after the effective date of this Act the Administrator shall 
promulgate rules to--
          (A) prescribe methods for the disposal of 
        polychlorinated biphenyls, and
          (B) require polychlorinated biphenyls to be marked 
        with clear and adequate warnings, and instructions with 
        respect to their processing, distribution in commerce, 
        use, or disposal or with respect to any combination of 
        such activities.
Requirements prescribed by rules under this paragraph shall be 
consistent with the requirements of paragraphs (2) and (3).
    (2)(A) Except as provided under subparagraph (B), effective 
one year after the effective date of this Act no person may 
manufacture, process, or distribute in commerce or use any 
polychlorinated biphenyl in any manner other than in a totally 
enclosed manner.
    (B) The Administrator may by rule authorize the 
manufacture, processing, distribution in commerce or use (or 
any combination of such activities) of any polychlorinated 
biphenyl in a manner other than in a totally enclosed manner if 
the Administrator finds that such manufacture, processing, 
distribution in commerce, or use (or combination of such 
activities) will not present an unreasonable risk of injury to 
health or the environment.
    (C) For the purposes of this paragraph, the term ``totally 
enclosed manner'' means any manner which will ensure that any 
exposure of human beings or the environment by the 
polychlorinated biphenyl will be insignificant as determined by 
the Administrator by rule.
    (3)(A) Except as provided in subparagraphs (B), (C), and 
(D)--
          (i) no person may manufacture any polychlorinated 
        biphenyl after two years after the effective date of 
        this Act, and
          (ii) no person may process or distribute in commerce 
        any polychlorinated biphenyl after two and one-half 
        years after such date.
    (B) Any person may petition the Administrator for an 
exemption from the requirements of subparagraph (A), and the 
Administrator may grant by rule such an exemption if the 
Administrator finds that--
          (i) an unreasonable risk of injury to health or 
        environment would not result, and
          (ii) good faith efforts have been made to develop a 
        chemical substance which does not present an 
        unreasonable risk of injury to health or the 
        environment and which may be substituted for such 
        polychlorinated biphenyl.
An exemption granted under this subparagraph shall be subject 
to such terms and conditions as the Administrator may prescribe 
and shall be in effect for such period (but not more than 1 
year from the date it is granted, except as provided in 
subparagraph (D)) as the Administrator may prescribe.
    (C) Subparagraph (A) shall not apply to the distribution in 
commerce of any polychlorinated biphenyl if such 
polychlorinated biphenyl was sold for purposes other than 
resale before two and one-half years after the date of 
enactment of this Act.
  (D)\1\ The Administrator may extend an exemption granted 
pursuant to subparagraph (B) that has not yet expired for a 
period not to exceed 60 days for the purpose of authorizing the 
Secretary of Defense and the Secretaries of the military 
departments to provide for the transportation into the customs 
territory of the United States of polychlorinated biphenyls 
generated by or under the control of the Department of Defense 
for purposes of their disposal, treatment, or storage in the 
customs territory of the United States if those polychlorinated 
biphenyls are already in transit from their storage locations 
but the Administrator determines, in the sole discretion of the 
Administrator, they would not otherwise arrive in the customs 
territory of the United States within the period of the 
original exemption. The Administrator shall promptly publish 
notice of such extension in the Federal Register.
---------------------------------------------------------------------------
    \1\Section 317(a) of Public Law 109-364 (120 Stat. 2142) amends 
paragraph (3) of section 6(e). Subsection (b) of section 317 of such 
Public Law provides as follows:

    (b) Sunset Date.--The amendments made by subsection (a) shall cease 
to have effect on September 30, 2012. The termination of the authority 
to grant exemptions pursuant to such amendments shall not effect the 
validity of any exemption granted prior to such date.
---------------------------------------------------------------------------
    (4) Any rule under paragraph (1), (2)(B), or (3)(B) shall 
be promulgated in accordance with paragraphs (2), (3), and (4) 
of subsection (c).
    (5) This subsection does not limit the authority of the 
Administrator, under any other provision of this Act or any 
other Federal law, to take action respecting any 
polychlorinated biphenyl.
  [(f) Mercury.--
          [(1) Prohibition on sale, distribution, or transfer 
        of elemental mercury by federal agencies.--Except as 
        provided in paragraph (2), effective beginning on the 
        date of enactment of this subsection, no Federal agency 
        shall convey, sell, or distribute to any other Federal 
        agency, any State or local government agency, or any 
        private individual or entity any elemental mercury 
        under the control or jurisdiction of the Federal 
        agency.
          [(2) Exceptions.--Paragraph (1) shall not apply to--
                  [(A) a transfer between Federal agencies of 
                elemental mercury for the sole purpose of 
                facilitating storage of mercury to carry out 
                this Act; or
                  [(B) a conveyance, sale, distribution, or 
                transfer of coal.
          [(3) Leases of federal coal.--Nothing in this 
        subsection prohibits the leasing of coal.]

[SEC. 7. IMMINENT HAZARDS.

    [(a) Actions Authorized and Required.--(1) The 
Administrator may commence a civil action in an appropriate 
district court of the United States--
          [(A) for seizure of an imminently hazardous chemical 
        substance or mixture or any article containing such a 
        substance or mixture,
          [(B) for relief (as authorized by subsection (b)) 
        against any person who manufactures, processes, 
        distributes in commerce, or uses, or disposes of, an 
        imminent hazardous chemical substance or mixture or any 
        article containing such a substance or mixture, or
          [(C) for both such seizure and relief.
[A civil action may be commenced under this paragraph 
notwithstanding the existence of a rule under section 4, 5, 6, 
or title IV or an order under section 5 or title IV, and 
notwithstanding the pendency of any administrative or judicial 
proceeding under any provision of this Act.
    [(2) If the Administrator has not made a rule under section 
6(a) immediately effective (as authorized by subsection 
6(d)(2)(A)(i)) with respect to an imminently hazardous chemical 
substance or mixture, the Administrator shall commence in a 
district court of the United States with respect to such 
substance or mixture or article containing such substance or 
mixture a civil action described in subparagraph (A), (B), or 
(C) of paragraph (1).
    [(b) Relief Authorized.--(1) The district court of the 
United States in which an action under subsection (a) is 
brought shall have jurisdiction to grant such temporary or 
permanent relief as may be necessary to protect health or the 
environment from the unreasonable risk associated with the 
chemical substance, mixture, or article involved in such 
action.
    [(2) In the case of an action under subsection (a) brought 
against a person who manufactures, processes, or distributes in 
commerce a chemical substance or mixture or an article 
containing a chemical substance or mixture, the relief 
authorized by paragraph (1) may include the issuance of a 
mandatory order requiring (A) in the case of purchasers of such 
substance, mixture, or article known to the defendant, 
notification to such purchasers of the risk associated with it; 
(B) public notice of such risk; (C) recall; (D) the replacement 
or repurchase of such substance, mixture, or article; or (E) 
any combination of the actions described in the preceding 
clauses.
    [(3) In the case of an action under subsection (a) against 
a chemical substance, mixture, or article, such substance, 
mixture, or article may be proceeded against by process of 
libel for its seizure and condemnation. Proceedings in such an 
action shall conform as nearly as possible to proceedings in 
rem in admiralty.
    [(c) Venue and Consolidation.--(1)(A) An action under 
subsection (a) against a person who manufactures, processes, or 
distributes a chemical substance or mixture or an article 
containing a chemical substance or mixture may be brought in 
the United States District Court for the District of Columbia 
or for any judicial district in which any of the defendants is 
found, resides, or transacts business; and process in such an 
action may be served on a defendant in any other district in 
which such defendant resides or may be found. An action under 
subsection (a) against a chemical substance, mixture, or 
article may be brought in any United States district court 
within the jurisdiction of which the substance, mixture, or 
article is found.
    [(B) In determining the judicial district in which an 
action may be brought under subsection (a) in instances in 
which such action may be brought in more than one judicial 
district, the Administrator shall take into account the 
convenience of the parties.
    [(C) Subpoenas\1\ requiring attendance of witnesses in an 
action brought under subsection (a) may be served in any 
judicial district.
---------------------------------------------------------------------------
    \1\In Public Law 94-469, the word ``subpoenas'' is spelled 
``subpeonas''. The spelling is corrected in this print to reflect the 
probable intent of Congress.
---------------------------------------------------------------------------
    [(2) Whenever proceedings under subsection (a) involving 
identical chemical substances, mixtures, or articles are 
pending in courts in two or more judicial districts, they shall 
be consolidated for trial by order of any such court upon 
application reasonably made by any party in interest, upon 
notice to all parties in interest.
    [(d) Action Under Section 6.--Where appropriate, 
concurrently with the filing of an action under subsection (a) 
or as soon thereafter as may be practicable, the Administrator 
shall initiate a proceeding for the promulgation of a rule 
under section 6(a).
    [(e) Representation.--Notwithstanding any other provision 
of law, in any action under subsection (a), the Administrator 
may direct attorneys of the Environmental Protection Agency to 
appear and represent the Administrator in such an action.
    [(f) Definition.--For the purposes of subsection (a), the 
term ``imminently hazardous chemical substance or mixture'' 
means a chemical substance or mixture which presents an 
imminent and unreasonable risk of serious or widespread injury 
to health or the environment. Such a risk to health or the 
environment shall be considered imminent if it is shown that 
the manufacture, processing, distribution in commerce, use, or 
disposal of the chemical substance or mixture, or that any 
combination of such activities, is likely to result in such 
injury to health or the environment before a final rule under 
section 6 can protect against such risk.]

SEC. 7. IMMINENT HAZARDS.

  (a) Actions Authorized and Required.--
          (1) In general.--The Administrator may commence a 
        civil action in an appropriate district court of the 
        United States for--
                  (A) seizure of a chemical substance or 
                mixture, or any article containing a chemical 
                substance or mixture, that may present an 
                imminent and substantial endangerment to health 
                or the environment;
                  (B) relief authorized under subsection (b) 
                against any person that--
                          (i) manufactures, processes, 
                        distributes in commerce, uses, or 
                        disposes of a chemical substance or 
                        mixture, or any article containing a 
                        chemical substance or mixture, if the 
                        manufacture, processing, distribution 
                        in commerce, use, or disposal may 
                        present an imminent and substantial 
                        endangerment to health or the 
                        environment; or
                          (ii) contributes to an activity 
                        described in clause (i); or
                  (C) both seizure and relief described in 
                subparagraphs (A) and (B), respectively.
          (2) Other actions.--
                  (A) In general.--The Administrator may issue 
                such orders as are necessary to protect health 
                or the environment from any manufacturing, 
                processing, distribution in commerce, use, or 
                disposal of a chemical substance or mixture, or 
                any article containing such a substance or 
                mixture, that may present an imminent and 
                substantial endangerment to health or the 
                environment, as determined by the 
                Administrator.
                  (B) Requirement.--An order under subparagraph 
                (A) may include such requirements imposed on 
                the manufacture, processing, distribution in 
                commerce, use, or disposal of a chemical 
                substance or mixture, or article containing the 
                chemical substance or mixture, as the 
                Administrator determines are necessary to 
                protect health or the environment, including--
                          (i) the requirements described in 
                        section 6(c); and
                          (ii) the relief authorized under 
                        subsection (b).
          (3) Relationship to existing rules, orders, and 
        proceedings.--A civil action may be commenced under 
        paragraph (1), or other action may be taken under 
        paragraph (2), notwithstanding--
                  (A) the existence of a rule or order under 
                this Act; and
                  (B) the pendency of any administrative or 
                judicial proceeding under this Act.
  (b) Relief Authorized.--
          (1) In general.--The district court of the United 
        States in which a civil action under subsection (a)(1) 
        is brought shall have jurisdiction to grant such 
        temporary or permanent relief as are necessary to 
        protect health or the environment from the risk 
        associated with the activity involved in the civil 
        action.
          (2) Types of relief.--In the case of a civil action 
        under subsection (a)(1) brought against a person that 
        manufactures, processes, distributes in commerce, uses, 
        or disposes of a chemical substance or mixture or an 
        article containing a chemical substance or mixture, the 
        relief authorized by paragraph (1) may include--
                  (A) the issuance of a mandatory order 
                imposing any of the requirements described in 
                section 6(c); and
                  (B) in the case of purchasers of the 
                substance, mixture, or article known to the 
                defendant--
                          (i) notification to the purchasers of 
                        the risk associated with the substance, 
                        mixture, or article;
                          (ii) public notice of the risk;
                          (iii) recall;
                          (iv) the replacement or repurchase of 
                        the substance, mixture, or article; or
                          (v) any combination of the actions 
                        described in section 6(c) or in clauses 
                        (i) through (iv) of this subparagraph; 
                        or
                  (C) such other relief as is necessary to 
                protect health or the environment from the risk 
                associated with the activity involved in the 
                civil action.
          (3) Seizure and condemnation.--
                  (A) In general.--A civil action under 
                subsection (a)(1) against a chemical substance, 
                mixture, or article may be proceeded against by 
                process of libel for seizure and condemnation 
                of the chemical substance, mixture, or article.
                  (B) Proceedings.--Proceedings in a civil 
                action described in subparagraph (A) shall 
                conform, to the maximum extent practicable, to 
                proceedings in rem in admiralty.
  (c) Venue and Consolidation.--
          (1) Venue.--
                  (A) In general.--A civil action under 
                subsection (a)(1) against a person that 
                manufactures, processes, or distributes a 
                chemical substance or mixture or an article 
                containing a chemical substance or mixture may 
                be brought in the United States District Court 
                for the District of Columbia, or in any 
                judicial district in which any of the 
                defendants is found, resides, or transacts 
                business.
                  (B) Process.--Process in an action described 
                in subparagraph (A) may be served on a 
                defendant in any other district in which the 
                defendant resides or may be found.
                  (C) Chemical substances, mixtures, or 
                articles.--A civil action under subsection 
                (a)(1) against a chemical substance, mixture, 
                or article may be brought in any United States 
                district court within the jurisdiction of which 
                the chemical substance, mixture, or article is 
                found.
                  (D) Multiple judicial districts.--In 
                determining the judicial district in which a 
                civil action may be brought under subsection 
                (a)(1) in instances in which the action may be 
                brought in more than 1 judicial district, the 
                Administrator shall take into account the 
                convenience of the parties.
                  (E) Subpoenas.--Subpoenas requiring 
                attendance of witnesses in a civil action 
                brought under subsection (a)(1) may be served 
                in any judicial district.
          (2) Consolidation.--If proceedings under subsection 
        (a)(1) involving identical chemical substances, 
        mixtures, or articles are pending in courts in 2 or 
        more judicial districts, the proceedings shall be 
        consolidated for trial by order of any such court on 
        application reasonably made by any party in interest, 
        on notice to all parties in interest.

[SEC. 8. REPORTING AND RETENTION OF INFORMATION.

    [(a) Reports.--(1) The Administrator shall promulgate rules 
under which--
          (A) each person (other than a small manufacturer or 
        processor) who manufactures or processes or proposes to 
        manufacture or process a chemical substance (other than 
        a chemical substance described in subparagraph (B)(ii) 
        shall maintain such records, and shall submit to the 
        Administrator such reports, as the Administrator may 
        reasonably require, and
          [(B) each person (other than a small manufacturer or 
        processor) who manufactures or processes or proposes to 
        manufacture or process--
                  [(i) a mixture, or
                  [(ii) a chemical substance in small 
                quantities (as defined by the Administrator by 
                rule) solely for purposes of scientific 
                experimentation or analysis or chemical 
                research on, or analysis of, such substance or 
                another substance, including any such research 
                or analysis for the development of a product,
        [shall maintain records and submit to the Administrator 
        reports but only to the extent the Administrator 
        determines the maintenance of records or submission of 
        reports, or both, is necessary for the effective 
        enforcement of this Act.
[The Administrator may not require in a rule promulgated under 
this paragraph the maintenance of records or the submission of 
reports with respect to changes in the proportions of the 
components of a mixture unless the Administrator finds that the 
maintenance of such records or the submission of such reports, 
or both, is necessary for the effective enforcement of this 
Act. For purposes of the compilation of the list of chemical 
substances required under subsection (b), the Administrator 
shall promulgate rules pursuant to this subsection not later 
than 180 days after the effective date of this Act.
    [(2) The Administrator may require under paragraph (1) 
maintenance of records and reporting with respect to the 
following insofar as known to the person making the report or 
insofar as reasonably ascertainable:
          [(A) The common or trade name, the chemical identity, 
        and molecular structure of each chemical substance or 
        mixture for which such a report is required.
          [(B) The categories or proposed categories of use of 
        each such substance or mixture.
          [(C) The total amount of each substance and mixture 
        manufactured or processed, reasonable estimates of the 
        total amount to be manufactured or processed, the 
        amount manufactured or processed for each of its 
        categories of use, and reasonable estimates of the 
        amount to be manufactured or processed for each of its 
        categories of use or proposed categories of use.
          [(D) A description of the byproducts resulting from 
        the manufacture, processing, use, or disposal of each 
        such substance or mixture.
          [(E) All existing data concerning the environmental 
        and health effects of such substance or mixture.
          (F) The number of individuals exposed, and reasonable 
        estimates of the number who will be exposed, to such 
        substance or mixture in their places of employment and 
        the duration of such exposure.
          [(G) In the initial report under paragraph (1) on 
        such substance or mixture, the manner or method of its 
        disposal, and in any subsequent report on such 
        substance or mixture, any change in such manner or 
        method.
[To the extent feasible, the Administrator shall not require 
under paragraph (1), any reporting which is unnecessary or 
duplicative.
    [(3)(A)(i) The Administrator may by rule require a small 
manufacturer or processor of a chemical substance to submit to 
the Administrator such information respecting the chemical 
substance as the Administrator may require for publication of 
the first list of chemical substances required by subsection 
(b).
    [(ii) The Administrator may by rule require a small 
manufacturer or processor of a chemical substance or mixture--
          [(I) subject to a rule proposed or promulgated under 
        section 4, 5(b)(4), or 6, or an order in effect under 
        section 5(e), or
          [(II) with respect to which relief has been granted 
        pursuant to a civil action brought under section 5 or 
        7,
to maintain such records on such substance or mixture, and to 
submit to the Administrator such reports on such substance or 
mixture, as the Administrator may reasonably require. A rule 
under this clause requiring reporting may require reporting 
with respect to the matters referred to in paragraph (2).
    [(B) The Administrator, after consultation with the 
Administrator of the Small Business Administration, shall by 
rule prescribe standards for determining the manufacturers and 
processors which qualify as small manufacturers and processors 
for purposes of this paragraph and paragraph (1).
    [(b) Inventory.--(1) The Administrator shall compile, keep 
current, and publish a list of each chemical substance which is 
manufactured or processed in the United States. Such list shall 
at least include each chemical substance which any person 
reports, under section 5 or subsection (a) of this section, is 
manufactured or processed in the United States. Such list may 
not include any chemical substance which was not manufactured 
or processed in the United States within three years before the 
effective date of the rules promulgated pursuant to the last 
sentence of subsection (a)(1). In the case of a chemical 
substance for which a notice is submitted in accordance with 
section 5, such chemical substance shall be included in such 
list as of the earliest date (as determined by the 
Administrator) on which such substance was manufactured or 
processed in the United States. The Administrator shall first 
publish such a list not later than 315 days after the effective 
date of this Act. The Administrator shall not include in such 
list any chemical substance which is manufactured or processed 
only in small quantities (as defined by the Administrator by 
rule) solely for purposes of scientific experimentation or 
analysis or chemical research on, or analysis of, such 
substance or another substance, including such research or 
analysis for the development of a product.
    [(2) To the extent consistent with the purposes of this 
Act, the Administrator may, in lieu of listing, pursuant to 
paragraph (1), a chemical substance individually, list a 
category of chemical substances in which such substance is 
included.
    [(c) Records.--Any person who manufactures, processes, or 
distributes in commerce any chemical substance or mixture shall 
maintain records of significant adverse reactions to health or 
the environment, as determined by the Administrator by rule, 
alleged to have been caused by the substance or mixture. 
Records of such adverse reactions to the health of employees 
shall be retained for a period of 30 years from the date such 
reactions were first reported to or known by the person 
maintaining such records. Any other record of such adverse 
reactions shall be retained for a period of five years from the 
date the information contained in the record was first reported 
to or known by the person maintaining the record. Records 
required to be maintained under this subsection shall include 
records of consumer allegations of personal injury or harm to 
health, reports of occupational disease or injury, and reports 
or complaints of injury to the environment submitted to the 
manufacturer, processor, or distributor in commerce from any 
source. Upon request of any duly designated representative of 
the Administrator, each person who is required to maintain 
records under this subsection shall permit the inspection of 
such records and shall submit copies of such records.
    [(d) Health and Safety Studies.--The Administrator shall 
promulgate rules under which the Administrator shall require 
any person who manufactures, processes, or distributes in 
commerce or who proposes to manufacture, process, or distribute 
in commerce any chemical substance or mixture (or with respect 
to paragraph (2), any person who has possession of a study) to 
submit to the Administrator--
          [(1) lists of health and safety studies (A) conducted 
        or initiated by or for such person with respect to such 
        substance or mixture at any time, (B) known to such 
        person, or (C) reasonably ascertainable by such person, 
        except that the Administrator may exclude certain types 
        or categories of studies from the requirements of this 
        subsection if the Administrator finds that submission 
        of lists of such studies are unnecessary to carry out 
        the purposes of this Act; and
          [(2) copies of any study contained on a list 
        submitted pursuant to paragraph (1) or otherwise known 
        by such person.
    [(e) Notice to Administrator of Substantial Risks.--Any 
person who manufactures, processes, or distributes in commerce 
a chemical substance or mixture and who obtains information 
which reasonably supports the conclusion that such substance or 
mixture presents a substantial risk of injury to health or the 
environment shall immediately inform the Administrator of such 
information unless such person has actual knowledge that the 
Administrator has been adequately informed of such information.
    [(f) Definitions.--For purposes of this section, the terms 
``manufacture'' and ``process'' mean manufacture or process for 
commercial purposes.]

SEC. 8. REPORTING AND RETENTION OF INFORMATION.

  (a) Definitions.--In this section:
          (1) Known to, or reasonably ascertainable by.--The 
        term ``known to, or reasonably ascertainable by'' has 
        the meaning given the term in section 704.3 of title 
        40, Code of Federal Regulations (or successor 
        regulations).
          (2) Manufacture and process.--The terms 
        ``manufacture'' and ``process'' mean manufacture and 
        process, respectively, for commercial purposes.
  (b) Declarations of Chemical Substances in Commerce.--
          (1) Scope and criteria.--
                  (A) Scope.--The declarations described in 
                this subsection shall apply only to chemical 
                substances in commerce as of the date of 
                enactment of the Safe Chemicals Act of 2011.
                  (B) Criteria.--The following criteria shall 
                apply in identifying chemical substances to 
                which the declarations described in this 
                subsection apply:
                          (i) Current commercial interest.--A 
                        chemical substance in which a 
                        manufacturer or processor has a current 
                        commercial interest shall include only 
                        chemical substances that the 
                        manufacturer or processor--
                                  (I) is currently 
                                manufacturing or processing; or
                                  (II) has manufactured or 
                                processed in the recent past 
                                and expects to manufacture or 
                                process again in the near 
                                future.
                          (ii) Potential commercial interest.--
                        A chemical substance in which a 
                        manufacturer or processor has a 
                        potential commercial interest shall 
                        include only a chemical substance that 
                        may serve as a reasonable substitute 
                        for a chemical substance in which the 
                        manufacturer or processor has declared 
                        a current commercial interest.
                  (C) Guidance.--Not later than 90 days after 
                the date of enactment of the Safe Chemicals Act 
                of 2011, the Administrator shall issue guidance 
                further describing the criteria described in 
                subparagraph (B) and specifying the supporting 
                information manufacturers and processors are to 
                include in declarations they submit pursuant to 
                paragraph (2) or (3) for chemical substances in 
                which they have a current or potential 
                commercial interest.
          (2) Declaration of current commercial interest in a 
        chemical substance.--
                  (A) In general.--Notwithstanding any other 
                provision of law, not later than 180 days after 
                the date of enactment of the Safe Chemicals Act 
                of 2011, each manufacturer of a chemical 
                substance in which the manufacturer has a 
                current commercial interest shall submit to the 
                Administrator a declaration of the interest for 
                the chemical substance.
                  (B) Exclusions or exemptions.--Declarations 
                are required for all chemical substances in 
                which a manufacturer has a current commercial 
                interest, notwithstanding any exclusions or 
                exemptions from other notification or reporting 
                requirements provided in any other provision of 
                this Act.
                  (C) Processors.--A processor of a chemical 
                substance in which the processor has a current 
                commercial interest that meets the criteria 
                described in paragraph (1)(B)(i) may 
                voluntarily submit to the Administrator a 
                declaration for the chemical substance. Such a 
                declaration shall be submitted not later than 1 
                year after the date of enactment of the Safe 
                Chemicals Act of 2011.
          (3) Declaration of potential commercial interest in a 
        chemical substance.--
                  (A) A manufacturer or processor may 
                voluntarily submit to the Administrator, not 
                later than 180 days after the date of enactment 
                of the Safe Chemicals Act of 2011, a 
                declaration for a chemical substance in which 
                the manufacturer or processor--
                          (i) does not have a current 
                        commercial interest; but
                          (ii) has a potential commercial 
                        interest that meets the criteria 
                        described in paragraph (1)(B)(ii).
                  (B) If a manufacturer or processor commences 
                the manufacture or processing of a chemical 
                substance for which it submitted a declaration 
                under this paragraph, the manufacturer or 
                processor shall comply with the requirements of 
                subsection (h)(5)(B).
          (4) Declaration of cessation of manufacturing or 
        processing.--A former or current manufacturer or 
        processor of a chemical substance in which the 
        manufacturer or processor no longer has a commercial 
        interest may voluntarily submit to the Administrator, 
        not later than 180 days after the date of enactment of 
        the Safe Chemicals Act of 2011, a declaration that the 
        manufacturer or processor has ceased, or will cease not 
        later than 180 days after the date on which the 
        declaration is submitted, all production, importation, 
        processing, and export of the chemical substance.
          (5) Contents.--A declaration submitted under this 
        subsection shall include for each chemical substance--
                  (A) the chemical identity and any special 
                substance characteristics of the chemical 
                substance;
                  (B) the identity and primary business 
                location of the manufacturer or processor; and
                  (C) information supporting the declarant's 
                basis for meeting the applicable criteria under 
                paragraph (1)(B).
          (6) Review by administrator.--
                  (A) In general.--The Administrator shall--
                          (i) review each declaration received 
                        under this subsection to determine 
                        whether the declaration conforms to the 
                        criteria and requirements of this 
                        subsection; and
                          (ii)(I) for a chemical substance for 
                        which 1 or more conforming declarations 
                        are submitted under paragraph (2), add 
                        the chemical substance to the list of 
                        active chemical substances in the 
                        inventory established under subsection 
                        (h)(1);
                          (II) for a chemical substance for 
                        which the only conforming declarations 
                        submitted for the substance are 
                        submitted under paragraph (3), add the 
                        chemical substance to the list of 
                        inactive chemical substances in the 
                        inventory established under subsection 
                        (h)(5); and
                          (III) for a chemical substance for 
                        which the only conforming declarations 
                        submitted for the substance are 
                        submitted under paragraph (4), or for 
                        which no declaration has been 
                        submitted, remove the chemical 
                        substance from the inventories 
                        established under subsection (h).
                  (B) Revisions.--The Administrator shall allow 
                a manufacturer or processor, as applicable, to 
                promptly revise and resubmit any declaration 
                submitted to the Administrator under this 
                subsection if the Administrator determines that 
                any omission or error in the original 
                declaration was not intentional.
  (c) Periodic Reporting by Manufacturers.--
          (1) In general.--The Administrator shall--
                  (A) maintain the periodic reporting program 
                of the agency applicable to manufacturers of 
                chemical substances set forth in part 711 of 
                title 40, Code of Federal Regulations (as in 
                effect on the date of enactment of the Safe 
                Chemicals Act of 2011), unless such reporting 
                requirements are superseded pursuant to 
                subparagraph (B); or
                  (B) establish a new periodic reporting 
                program consistent with this subsection.
          (2) Rulemaking.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of the Safe 
                Chemicals Act of 2011, the Administrator shall 
                specify, by rule--
                          (i) the chemical substances for which 
                        periodic reporting is required; and
                          (ii) the information a chemical 
                        manufacturer is required to submit to 
                        the Administrator for the chemical 
                        substances included under the periodic 
                        reporting program.
                  (B) Exemptions.--The rule promulgated under 
                subparagraph (A) may exempt certain 
                manufacturers, including small manufacturers, 
                from--
                          (i) a requirement to participate in 
                        the periodic reporting program, if the 
                        Administrator determines that the 
                        participation of those manufacturers 
                        would not assist in the administration 
                        of this Act; or
                          (ii) specific reporting requirements, 
                        if the Administrator determines that 
                        the value of a particular reporting 
                        requirement, for the administration of 
                        this Act, would not be commensurate 
                        with the burden of the requirement on 
                        submitters.
                  (C) Contents.--The rule promulgated under 
                subparagraph (A) shall, at a minimum, require 
                each manufacturer of a chemical substance 
                included in the periodic reporting program to 
                submit to the Administrator--
                          (i) the chemical identity and any 
                        special substance characteristics of 
                        the chemical substance, the identity 
                        and primary business location of the 
                        manufacturer, and any updates to the 
                        supporting information submitted by the 
                        manufacturer in any declaration for an 
                        included chemical substance submitted 
                        under subsection (b);
                          (ii) a list of health and safety 
                        studies conducted or initiated by or 
                        for, known to, or reasonably 
                        ascertainable by, the manufacturer with 
                        respect to each included chemical 
                        substance;
                          (iii) a copy of each study described 
                        in clause (ii) in the possession or 
                        control of the manufacturer that has 
                        not previously been submitted to the 
                        Administrator; and
                          (iv) all other information specified 
                        by the Administrator in the rules 
                        promulgated under this subsection that 
                        is known to, in the possession or 
                        control of, or reasonably ascertainable 
                        by, the manufacturer or processor that 
                        has not previously been submitted to 
                        the Administrator regarding--
                                  (I) the physical, chemical, 
                                and toxicological properties of 
                                the chemical substance;
                                  (II) the manufacturer's 
                                annual production volume of the 
                                chemical substance;
                                  (III) the uses of, and 
                                exposure and fate information 
                                relating to the manufacturer's 
                                production or import of the 
                                chemical substance; and
                                  (IV) the name and location of 
                                each facility to which the 
                                manufacturer sends the chemical 
                                substance after manufacture for 
                                subsequent processing, 
                                distribution, or use.
  (d) Records to Support Declarations and Periodic Reports.--
          (1) In general.--Each manufacturer and processor of a 
        chemical substance that is distributed in commerce 
        shall--
                  (A) maintain records of the information 
                submitted to the Administrator under 
                subsections (b) and (c), as well as supporting 
                information; and
                  (B) submit those records or that information 
                to the Administrator upon request by the 
                Administrator.
          (2) Burden of proof.--Each manufacturer and processor 
        that submits to the Administrator a declaration under 
        subsection (b) or a notice under subsection (h)(5)(B) 
        shall at all times bear the burden of proving that the 
        manufacturer or processor--
                  (A) has a current or potential commercial 
                interest in the applicable chemical substance; 
                or
                  (B) has ceased the production, importation, 
                processing, and export of, the applicable 
                chemical substance.
  (e) Substance Identification and Information for Chemical 
Processors.--
          (1) Rulemaking.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of the Safe Chemicals Act 
                of 2011, the Administrator shall specify, by 
                rule, the information that chemical processors 
                are required to submit for chemical substances 
                under this subsection as will assist the 
                Administrator in the administration of this 
                Act.
                  (B) Exemptions.--The rule promulgated under 
                this paragraph may exempt certain processors, 
                including small processors, from--
                          (i) a requirement to participate in 
                        the periodic reporting program, if the 
                        Administrator determines that the 
                        participation of those processors would 
                        not assist in the administration of 
                        this Act; or
                          (ii) specific reporting requirements, 
                        if the Administrator determines that 
                        the value of a particular reporting 
                        requirement, for the administration of 
                        this Act, would not be commensurate 
                        with the burden of the requirement on 
                        submitters.
          (2) Information requirements.--The rule promulgated 
        under paragraph (1) shall--
                  (A) specify the information that processors 
                are required to submit for chemical substances 
                that are--
                          (i) processed for use in 1 or more 
                        consumer or commercial product 
                        categories, as determined by the 
                        Administrator; and
                          (ii) intentionally added to 1 or more 
                        products during processing and not 
                        incidental to the end uses of the 
                        products;
                  (B) require each processor of a chemical 
                substance identified under subparagraph (A) to 
                submit the information specified in clauses (i) 
                through (iii) of subparagraph (C) for the 
                chemical substance, and to submit the 
                information specified in clauses (iv) through 
                (viii) of subparagraph (C)--
                          (i) separately for each applicable 
                        consumer and commercial product 
                        category; and
                          (ii) in aggregate form, taking into 
                        account the use by the processor of the 
                        chemical substance in all product 
                        categories;
                  (C) require each processor of a chemical 
                substance identified under subparagraph (A) to 
                identify in the submission of the processor--
                          (i) the corporate name and primary 
                        business location of the processor;
                          (ii) the chemical identity and any 
                        special substance characteristics of 
                        the chemical substance;
                          (iii) the applicable consumer or 
                        commercial product category or 
                        categories for which the processor 
                        processes the chemical substance;
                          (iv) the annual volume of the 
                        chemical substance processed by the 
                        submitter;
                          (v) any products intended for use by 
                        children aged 14 years or younger for 
                        use in which the processor processes 
                        the chemical substance;
                          (vi) the concentration range within 
                        which the maximum concentration of the 
                        substance used in each consumer and 
                        commercial product category falls;
                          (vii) the range within which the 
                        total number of commercial workers 
                        reasonably likely to be exposed to the 
                        chemical substance at the processing 
                        site falls; and
                          (viii) any other information 
                        regarding processing activities or 
                        product descriptors relating to the 
                        processor's processing of the chemical 
                        substance identified by the 
                        Administrator as necessary to 
                        understand the potential exposure from 
                        processed chemical substances or 
                        products in which the chemical 
                        substances are used; and
                  (D) require each processor to periodically 
                report the information described in 
                subparagraphs (B) and (C) for the chemical 
                substances described in subparagraph (A).
          (3) Records.--The rules promulgated under paragraph 
        (1) shall require processors of chemical substances to 
        which those rules apply--
                  (A) to maintain records of the information 
                described in paragraph (2); and
                  (B) to submit those records to the 
                Administrator upon request by the 
                Administrator.
  (f) Updating of Information.--
          (1) In general.--Each manufacturer or processor of a 
        chemical substance that submits information to the 
        Administrator under subsection (c) or (e) shall update 
        the information--
                  (A) at a minimum every 4 years; and
                  (B) at any time that--
                          (i) the manufacturer or processor 
                        obtains knowledge of, comes into 
                        possession of, or generates significant 
                        new information regarding the 
                        production, processing, use, 
                        distribution, hazard, or exposure 
                        potential of the chemical substance; or
                          (ii) there is a significant change in 
                        the production, distribution in 
                        commerce, or use of the chemical 
                        substance by or known to the 
                        manufacturer or processor.
          (2) Guidance.--Not later than 1 year after the date 
        of enactment of the Safe Chemicals Act of 2011, the 
        Administrator shall issue guidance on what constitutes 
        significant new information regarding or significant 
        changes in the production, distribution in commerce, or 
        use of a chemical substance.
  (g) Reports.--
          (1) Requirement.--
                  (A) In general.--Except as provided in 
                paragraph (2), the Administrator may by rule or 
                order require any person who manufactures, 
                processes, distributes in commerce, uses, or 
                disposes of a chemical substance, or a mixture 
                or article containing the chemical substance to 
                maintain records of and report by a specified 
                date any existing information concerning the 
                substance that, in the judgment of the 
                Administrator, would assist the Administrator 
                in--
                          (i) making a safety standard 
                        determination with respect to a 
                        chemical substance;
                          (ii) determining testing or 
                        information needs for a chemical 
                        substance;
                          (iii) assigning a chemical substance 
                        to a batch, category, or priority class 
                        pursuant to section 6;
                          (iv) evaluating, developing, and 
                        implementing risk management conditions 
                        for a chemical substance;
                          (v) assessing hazards, exposures, or 
                        risks related to the manufacture, use, 
                        distribution, processing, or disposal 
                        of a chemical substance;
                          (vi) determining compliance with any 
                        provision of this Act; or
                          (vii) any other aspect of 
                        administering this Act.
                  (B) Characteristics.--The Administrator may 
                by rule or order require that any report or 
                information submitted pursuant to this Act 
                include chemical identity and special substance 
                characteristics, as appropriate to the chemical 
                substance that is the subject of the report or 
                information.
                  (C) Required information.--The Administrator 
                shall by rule or order specify or modify the 
                information that is required to be submitted 
                with a particular report or information 
                submission to establish the chemical identity 
                and special substance characteristics of the 
                subject chemical substance (or mixture or 
                article containing that chemical substance) for 
                the purposes of the report or information 
                submission.
          (2) Exemptions.--
                  (A) Small quantities for research or 
                analysis.--In the case of the manufacture, 
                processing, distribution in commerce, use, or 
                disposal of a chemical substance in small 
                quantities (as defined by the Administrator by 
                rule) solely for purposes of scientific 
                experimentation or analysis or chemical 
                research (including any such research or 
                analysis for the development of a product), the 
                Administrator may promulgate a rule or order 
                under paragraph (1) only to the extent that the 
                Administrator determines that the maintenance 
                of records, submission of reports, or both, is 
                necessary for the effective enforcement of this 
                Act.
                  (B) Small business.--The rules promulgated 
                under this subsection may exempt certain small 
                businesses from the rules promulgated under 
                this subsection, if the Administrator 
                determines that the participation of those 
                small businesses would not assist in the 
                administration of this Act.
  (h) Inventories.--
          (1) Active inventory.--The Administrator shall 
        compile, keep current, and, subject to section 14, 
        publish a list of each chemical substance that is 
        manufactured or processed in the United States.
          (2) Contents.--
                  (A) In general.--The list shall consist of 
                those chemical substances for which--
                          (i) a notice is submitted under 
                        section 5(d), consistent with the 
                        requirements of section 5(b); or
                          (ii) a valid declaration is submitted 
                        under paragraph (2) of subsection (b).
                  (B) Exclusions.--The list shall not include--
                          (i) any chemical substance for which 
                        the only declarations submitted are 
                        submitted under paragraph (3) or (4) of 
                        subsection (b), or for which no 
                        declaration has been submitted; or
                          (ii) any chemical substance for which 
                        an exemption has been granted under 
                        section 5(b)(1)(C)(ii) or section 
                        6(h)(2).
          (3) Timing.--
                  (A) In general.--Except as provided in 
                paragraph (2)(B), for a chemical substance for 
                which a notice is submitted under section 5(d), 
                the chemical substance shall be included in the 
                list established under paragraph (1) as of the 
                earliest date (as determined by the 
                Administrator) on which the substance was 
                manufactured or processed in the United States.
                  (B) Publication.--The Administrator shall 
                first publish a list under paragraph (1) not 
                later than 1 year after the date of enactment 
                of the Safe Chemicals Act of 2011.
          (4) Small quantities for research or analysis.--The 
        Administrator shall not include in the list established 
        under paragraph (1) any chemical substance that is 
        manufactured or processed only in small quantities (as 
        defined by the Administrator by rule) solely for 
        purposes of scientific experimentation or analysis or 
        chemical research on, or analysis of, the substance or 
        another substance, including research or analysis for 
        the development of a product.
          (5) Inactive inventory.--
                  (A) In general.--The Administrator shall 
                compile, keep current, and, subject to section 
                14, publish an inactive list on which the 
                Administrator shall include each chemical 
                substance for which the only declarations 
                submitted for the substance are submitted under 
                subsection (b)(3).
                  (B) Requirements.--If a manufacturer or 
                processor commences the manufacture or 
                processing of a chemical substance on the 
                inactive list, the manufacturer or processor 
                shall--
                          (i) not less than 30 days before 
                        recommencing the manufacture or 
                        processing of the chemical substance, 
                        notify the Administrator; and
                          (ii) provide with the notification 
                        under clause (i)--
                                  (I) the chemical identity and 
                                any special substance 
                                characteristics of the chemical 
                                substance;
                                  (II) the identity and primary 
                                business location of the 
                                manufacturer;
                                  (III) a list of health and 
                                safety studies conducted or 
                                initiated by or for, known to, 
                                or reasonably ascertainable by, 
                                the manufacturer or processor 
                                with respect to the chemical 
                                substance;
                                  (IV) upon request of the 
                                Administrator, a copy of each 
                                study described in subclause 
                                (III) in the possession or 
                                control of the manufacturer 
                                that has not previously been 
                                submitted to the Administrator;
                                  (V) the projected annual 
                                manufacturing or processing 
                                volume for the chemical 
                                substance for each of the 
                                subsequent 3 years;
                                  (VI) the name and location of 
                                each facility to which the 
                                chemical substance is expected 
                                to be sent, after manufacture 
                                or processing, for subsequent 
                                processing, distribution in 
                                commerce, or use; and
                                  (VII) all other existing 
                                information known to, in the 
                                possession or control of, or 
                                reasonably ascertainable by the 
                                manufacturer or processor that 
                                has not previously been 
                                submitted to the Administrator 
                                regarding--
                                          (aa) the 
                                        toxicological 
                                        properties of the 
                                        chemical substance; and
                                          (bb) the uses of, and 
                                        exposure and fate 
                                        information relating 
                                        to, the chemical 
                                        substance.
                  (C) Administrator actions.--For any chemical 
                substance for which the Administrator receives 
                a valid notification under subparagraph (B), 
                the Administrator shall promptly--
                          (i) move the chemical substance to 
                        the active inventory established under 
                        paragraph (1); and
                          (ii) add the chemical substance to 
                        the current batch of chemical 
                        substances identified pursuant to 
                        section 6(a), and categorize the 
                        chemical substance with other chemical 
                        substances in the batch, pursuant to 
                        section 6(b).
                  (D) Administration.--Disclosure of any 
                information provided in the notice described in 
                subparagraph (B) shall be subject to section 
                14.
          (6) Chemicals not listed on or removed from the 
        inventories.--If a manufacturer or processor seeks to 
        commence the manufacture or processing of a chemical 
        substance that is not listed on the inventories 
        established under paragraph (1) or (5), or that has 
        been removed from the inventories pursuant to 
        subsection (b)(6)(A)(ii)(III), the manufacturer or 
        processor shall comply with section 5.
  (i) Public Access to Significant Information.--
          (1) Electronic database.--Not later than 1 year after 
        the date of enactment of the Safe Chemicals Act of 
        2011, the Administrator, through collaboration as 
        appropriate, shall establish--
                  (A) an electronic, Internet-accessible 
                database for the storing and sharing of 
                information relating to the toxicity and use 
                of, and exposure to, chemical substances; and
                  (B) procedures for use in maintaining and 
                updating the database.
          (2) Public access.--Not later than 18 months after 
        the date of enactment of the Safe Chemicals Act of 2011 
        or for decisions made or information submitted after 
        that 18-month period, not later than 90 days after the 
        date on which a decision is made by the Administrator 
        or information submitted under this title is received 
        by the Administrator, the Administrator shall, subject 
        to section 14, make available to the public via the 
        Internet-accessible database described in paragraph (1) 
        a description of all significant--
                  (A) decisions made by the Administrator under 
                this title; and
                  (B) information submitted pursuant to this 
                title.
  (j) Records of Significant Adverse Reactions.--
          (1) In general.--Any person that manufactures, 
        processes, or distributes in commerce any chemical 
        substance shall maintain, and on request submit to the 
        Administrator, records of significant adverse reactions 
        to human health or the environment, as determined by 
        the Administrator by rule, alleged to have been caused 
        by the substance or mixture.
          (2) Duration.--
                  (A) In general.--Records of the adverse 
                reactions to the health of employees shall be 
                retained for a period of 30 years after the 
                date on which the reactions were first reported 
                to or known by the person maintaining the 
                records.
                  (B) Other records.--Any record of other 
                adverse reactions shall be retained for a 
                period of 5 years after the date on which 
                information contained in the record was first 
                reported to or known by the person maintaining 
                the record.
          (3) Contents.--Records required to be maintained 
        under this subsection shall include--
                  (A) records of consumer allegations of 
                personal injury or harm to health;
                  (B) reports of occupational disease or 
                injury; and
                  (C) reports or complaints of injury to the 
                environment submitted to the manufacturer, 
                processor, or distributor in commerce from any 
                source.
  (k) Information in the Possession of Other Federal 
Agencies.--
          (1) Synopses.--
                  (A) In general.--Notwithstanding any other 
                provision of law, from time to time, each 
                Federal agency and Federal institution shall 
                submit to the Administrator a synopsis of the 
                data and records in the possession or control 
                of the agency or institution, respectively, 
                that may be useful to the Administrator in 
                carrying out this Act.
                  (B) Format and content.--Not later than 1 
                year after the date of enactment of the Safe 
                Chemicals Act of 2011, the Administrator shall 
                prescribe, by order, the format, content, and 
                level of detail of the synopses.
                  (C) Initial submission.--Not later than 18 
                months after the date of enactment of the Safe 
                Chemicals Act of 2011, each Federal agency and 
                Federal institution shall make the initial 
                submission of a synopsis of the agency and 
                institution, respectively, to the 
                Administrator.
                  (D) Updates.--At least once every 3 years, 
                each Federal agency and Federal institution 
                shall--
                          (i) update the synopsis of the agency 
                        and institution, respectively; and
                          (ii) submit the updated synopsis to 
                        the Administrator.
          (2) Requests by the administrator.--Notwithstanding 
        any other provision of law, on the request of the 
        Administrator, any information in the possession or 
        control of an agency or institution relating to a 
        hazard of, use of, exposure to, or risk of, a chemical 
        substance (or mixture or article containing that 
        chemical substance) shall be submitted to the 
        Administrator.
  (l) Notice to Administrator of Substantial Risks.--Any person 
that manufactures, processes, or distributes in commerce a 
chemical substance and that obtains information that reasonably 
supports the conclusion that the substance presents a 
substantial risk of injury to health or the environment shall 
immediately inform the Administrator of the information unless 
the person has actual knowledge that the Administrator has been 
adequately informed of the information.
  (m) Certification.--Each submission required pursuant to this 
section or pursuant to a rule or an order promulgated or issued 
by the Administrator under this section, other than a 
submission under subsection (k), shall be accompanied by a 
certification signed by a responsible official of the 
manufacturer, processor, distributor, user, or disposer of a 
chemical substance that each statement contained in the 
submission--
          (1) is accurate and reliable; and
          (2) includes all material facts required by the 
        applicable provision of this section or rule or order 
        under this section.
  (n) Administration.--
          (1) In general.--Nothing in this section limits the 
        authority of the Administrator to require reporting 
        under any other provision of this Act by any person who 
        manufactures, processes, distributes in commerce, uses, 
        or disposes of a chemical substance, or a mixture or 
        article containing a chemical substance.
          (2) Violations.--In addition to all other authorities 
        available for the enforcement of this Act, the 
        Administrator may, by order, take any action authorized 
        under section 6(f) if a person who manufactures, 
        processes, distributes in commerce, uses, or disposes 
        of a chemical substance, or a mixture or article 
        containing a chemical substance violates any provision 
        of this section.
          (1) Report.--
                  (A) In general.--If the Administrator 
                determines that the manufacture, processing, 
                distribution in commerce, use, or disposal of a 
                chemical substance, or that any combination of 
                those activities, does not meet a safety 
                standard under this title or requires 
                conditions or restrictions in order to the meet 
                the safety standard, and the Administrator 
                determines that action may be taken under a 
                Federal law not administered by the 
                Administrator to address the uses of, or 
                exposure to, the chemical substance, the 
                Administrator shall submit to the agency that 
                administers the Federal law a report that--
                          (i) describes with specification the 
                        activity or combination of activities 
                        that prevent the chemical substance 
                        from meeting the safety standard or 
                        restrictions or conditions required to 
                        meet the safety standard under this 
                        title;
                          (ii) requests that the agency--
                                  (I) determine whether the 1 
                                or more actions may be taken 
                                under Federal law administered 
                                by the agency;
                                  (II) if the agency determines 
                                under clause (i) that the 1 or 
                                more actions may be taken, 
                                initiate and provide a 
                                timetable for the 1 or more 
                                actions; and
                                  (III) respond to the 
                                Administrator with respect to 
                                the matters described in the 
                                report; and
                          (iii) includes a detailed statement 
                        of the information on which the report 
                        is based.
                  (B) Publication.--A report of the 
                Administrator submitted under subparagraph (A) 
                shall be promptly published in the Federal 
                Register.
                  (C) Action by recipient agency.--Not later 
                than 90 days after the date of receipt of a 
                report from the Administrator under 
                subparagraph (A), or by such earlier date as 
                the Administrator may specify in such a report, 
                an agency that receives the report shall--
                          (i) make all determinations requested 
                        by the Administrator in the report;
                          (ii) take all action necessary to 
                        ensure that a chemical substance meets 
                        the safety standard under this title, 
                        if appropriate;
                          (iii) include with the response of 
                        the agency a detailed statement of the 
                        findings and conclusions of the agency; 
                        and
                          (iv) publish that statement in the 
                        Federal Register.
          (2) Initiation of action.--If the Administrator 
        submits a report under paragraph (1) with respect to a 
        chemical substance to an agency, and the agency that 
        receives the report initiates, within the period 
        specified in the request under paragraph (1), a civil 
        action under Federal law administered by the agency to 
        ensure that a chemical substance meets the safety 
        standard under this title, or requires restrictions or 
        conditions to meet that safety standard, the 
        Administrator may not take action under this Act with 
        respect to the civil action (other than any action 
        taken pursuant to section 7).

SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS.

    (a) Laws Not Administered by the Administrator.--[(1) If 
the Administrator has reasonable basis to conclude that the 
manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or mixture, or that any 
combination of such activities, presents or will present an 
unreasonable risk of injury to health or the environment and 
determines, in the Administrator's discretion, that such risk 
may be prevented or reduced to a sufficient extent by action 
taken under a Federal law not administered by the 
Administrator, the Administrator shall submit to the agency 
which administers such law a report which describes such risk 
and includes in such description a specification of the 
activity or combination of activities which the Administrator 
has reason to believe so presents such risk. Such report shall 
also request such agency--
          [(A)(i) to determine if the risk described in such 
        report may be prevented or reduced to a sufficient 
        extent by action taken under such law, and
          [(ii) if the agency determines that such risk may be 
        so prevented or reduced, to issue an order declaring 
        whether or not the activity or combination of 
        activities specified in the description of such risk 
        presents such risk; and
          [(B) to respond to the Administrator with respect to 
        the matters described in subparagraph (A).
Any report of the Administrator shall include a detailed 
statement of the information on which it is based and shall be 
published in the Federal Register. The agency receiving a 
request under such a report shall make the requested 
determination, issue the requested order, and make the 
requested response within such time as the Administrator 
specifies in the request, but such time specified may not be 
less than 90 days from the date the request was made. The 
response of an agency shall be accompanied by a detailed 
statement of the findings and conclusions of the agency and 
shall be published in the Federal Register.
    [(2) If the Administrator makes a report under paragraph 
(1) with respect to a chemical substance or mixture and the 
agency to which such report was made either--
          [(A) issues an order declaring that the activity or 
        combination of activities specified in the description 
        of the risk described in the report does not present 
        the risk described in the report, or
          [(B) initiates, within 90 days of the publication in 
        the Federal Register of the response of the agency 
        under paragraph (1), action under the law (or laws) 
        administered by such agency to protect against such 
        risk associated with such activity or combination of 
        activities, the Administrator may not take any action 
        under section 6 or 7 with respect to such risk.]
          (3) No action.--The Administrator may, by order, 
        initiate action or a combination of actions under this 
        Act to ensure compliance with the safety standard for a 
        chemical substance under this title if--
                  (A) the Administrator submits a report under 
                paragraph (1) with respect to a chemical 
                substance; and
                  (B) the agency to which the report was 
                submitted--
                          (i) determines that action cannot be 
                        taken under the authorities of the 
                        agency;
                          (ii) does not initiate action, if 
                        appropriate, within the period 
                        specified in the request under 
                        paragraph (1);
                          (iii) does not complete the action 
                        within the timeframe provided by the 
                        agency; or
                          (iv) fails to respond.
    [(3)] [(4) If the Administrator has initiated action under 
section 6 or 7]
          (4) Consultation.--If the Administrator has initiated 
        action under this Act with respect to a risk associated 
        with a chemical substance or mixture which was the 
        subject of a report made to an agency under paragraph 
        (1), such agency shall before taking action under the 
        law (or laws) administered by it to protect against 
        such risk consult with the Administrator for the 
        purpose of avoiding duplication of Federal action 
        [against such risk].
    (b) Laws Administered by the Administrator.--The 
Administrator shall coordinate actions taken under this Act 
with actions taken under other Federal laws administered in 
whole or in part by the Administrator. If the Administrator 
determines that a risk to health or the environment associated 
with a chemical substance or mixture could be eliminated or 
reduced to a sufficient extent by actions taken under the 
authorities contained in such other Federal laws, the 
Administrator shall use such authorities to protect against 
such risk unless the Administrator determines, in the 
Administrator's discretion, that it is in the public interest 
to protect against such risk by actions taken under this Act. 
This subsection shall not be construed to relieve the 
Administrator of any requirement imposed on the Administrator 
by such other Federal laws.
    (c) Occupational Safety and Health.--In exercising any 
authority under this Act, [the Administrator shall not] 
Administrator (1) shall not, for purposes of section 4(b)(1) of 
the Occupational Safety and Health Act of 1970, be deemed to be 
exercising statutory authority to prescribe or enforce 
standards or regulations affecting occupational safety and 
health[.]; and
    (2) shall ensure that any actions to address workplace 
exposures that the Administrator takes or requires to be taken 
by manufacturers or processors of a chemical substance are 
consistent with the industrial hygiene hierarchy of controls
    (d) Coordination.--In administering this Act, the 
Administrator shall consult and coordinate with the Secretary 
of Health, Education, and Welfare and the heads of any other 
appropriate Federal executive department or agency, any 
relevant independent regulatory agency, and any other 
appropriate instrumentality of the Federal Government for the 
purpose of achieving the maximum enforcement of this Act [while 
imposing the least burdens of duplicative requirements on those 
subject to the Act and for other purposes]. The Administrator 
shall[, in the report required by section 30,] report annually 
to the Congress on actions taken to coordinate with such other 
Federal departments, agencies, or instrumentalities, and on 
actions taken to coordinate the authority under this Act with 
the authority granted under other Acts referred to in 
subsection (b).

[SEC. 11. INSPECTIONS AND SUBPOENAS.

    [(a) In General.--For purposes of administering this Act, 
the Administrator, and any duly designated representative of 
the Administrator, may inspect any establishment, facility, or 
other premises in which chemical substances, mixtures, or 
products subject to title IV are manufactured, processed, 
stored, or held before or after their distribution in commerce 
and any conveyance being used to transport chemical substances, 
mixtures, such products, or such articles in connection with 
distribution in commerce. Such an inspection may only be made 
upon the presentation of appropriate credentials and of a 
written notice to the owner, operator, or agent in charge of 
the premises or conveyance to be inspected. A separate notice 
shall be given for each such inspection, but a notice shall not 
be required for each entry made during the period covered by 
the inspection. Each such inspection shall be commenced and 
completed with reasonable promptness and shall be conducted at 
reasonable times, within reasonable limits, and in a reasonable 
manner.
    [(b) Scope.--(1) Except as provided in paragraph (2), an 
inspection conducted under subsection (a) shall extend to all 
things within the premises or conveyance inspected (including 
records, files, papers, processes, controls, and facilities) 
bearing on whether the requirements of this Act applicable to 
the chemical substances, mixtures, or products subject to title 
IV within such premises or conveyance have been complied with.
    [(2) No inspection under subsection (a) shall extend to--
          [(A) financial data,
          [(B) sales data (other than shipment data),
          [(C) pricing data,
          [(D) personnel data, or
          [(E) research data (other than data required by this 
        Act or under a rule promulgated thereunder),
unless, the nature and extent of such data are described with 
reasonable specificity in the written notice required by 
subsection (a) for such inspection.
    [(c) Subpoenas.--In carrying out this Act, the 
Administrator may by subpoena require the attendance and 
testimony of witnesses and the production of reports, papers, 
documents, answers to questions, and other information that the 
Administrator deems necessary. Witnesses shall be paid the same 
fees and mileage that are paid witnesses in the courts of the 
United States. In the event of contumacy, failure, or refusal 
of any person to obey any such subpoena, any district court of 
the United States in which venue is proper shall have 
jurisdiction to order any such person to comply with such 
subpoena. Any failure to obey such an order of the court is 
punishable by the court as a contempt thereof.]

SEC. 11. INSPECTIONS AND SUBPOENAS.

  (a) Inspections.--
          (1) In general.--For purposes of administering this 
        Act, the Administrator, and any duly designated 
        representative of the Administrator, may inspect--
                  (A) any establishment, facility, or other 
                premises in which chemical substances, 
                mixtures, or articles subject to this Act are 
                manufactured, processed, stored, or held before 
                or after distribution in commerce;
                  (B) any conveyance being used to transport 
                such chemical substances, mixtures, or articles 
                in connection with distribution in commerce; 
                and
                  (C) any place at which records relating to 
                the chemical substances, mixtures, or articles, 
                or otherwise relating to compliance with this 
                Act, are held.
          (2) Method.--Each inspection under paragraph (1) 
        shall be--
                  (A) commenced and completed with reasonable 
                promptness; and
                  (B) conducted at reasonable times, within 
                reasonable limits, and in a reasonable manner.
          (3) Samples.--The Administrator, and any duly 
        designated representative of the Administrator, may 
        inspect and obtain samples of any--
                  (A) chemical substance, mixture, or article; 
                and
                  (B) container or labeling of a chemical 
                substance, mixture, or article.
  (b) Scope.--An inspection conducted under subsection (a) 
shall extend to all things within the premises or conveyance 
inspected (including records, files, papers, processes, 
controls, and facilities) regarding whether the owner or 
operator of the premises, conveyance, or records has complied 
with provisions of this Act applicable to the chemical 
substances, mixtures, articles, or records.
  (c) Information Gathering.--
          (1) In general.--In carrying out this Act, the 
        Administrator may require the attendance and testimony 
        of witnesses and the production of such reports, 
        papers, documents, items, answers to questions, and 
        other information, including the development of 
        analyses and other information, as the Administrator 
        determines to be necessary.
          (2) Payment of witnesses.--A witness described in 
        paragraph (1) shall be paid the same fees and mileage 
        that are paid witnesses in the courts of the United 
        States.
  (d) Warrants.--For purposes of enforcing this Act, upon a 
showing to an officer or court of competent jurisdiction that 
there is reason to believe that a provision of this Act has 
been violated, officers or employees duly designated by the 
Administrator are empowered to obtain and to execute warrants 
authorizing--
          (1) entry, inspection, and copying of records for 
        purposes of this Act; and
          (2) the seizure of any chemical substance, mixture, 
        or article that is in violation of this Act.

SEC. 12. EXPORTS.

  [(a) In General.--(1) Except as provided in paragraph (2) and 
subsections (b) and (c), this Act (other than section 8) shall 
not apply to any chemical substance, mixture, or to an article 
containing a chemical substance or mixture, if--
          [(A) it can be shown that such substance, mixture, or 
        article is being manufactured, processed, or 
        distributed in commerce for export from the United 
        States, unless such substance, mixture, or article was, 
        in fact, manufactured, processed, or distributed in 
        commerce, for use in the United States, and
          [(B) such substance, mixture, or article (when 
        distributed in commerce), or any container in which it 
        is enclosed (when so distributed), bears a stamp or 
        label stating that such substance, mixture, or article 
        is intended for export.
    [(2) Paragraph (1) shall not apply to any chemical 
substance, mixture, or article if the Administrator finds that 
the substance, mixture, or article will present an unreasonable 
risk of injury to health within the United States or to the 
environment of the United States. The Administrator may 
require, under section 4, testing of any chemical substance or 
mixture exempted from this Act by paragraph (1) for the purpose 
of determining whether or not such substance or mixture 
presents an unreasonable risk of injury to health within the 
United States or to the environment of the United States.]
    [(b)] (a) Notice.--(1) If any person exports [or intends to 
export] to a foreign country a chemical substance or mixture 
for which the submission of data is required under [section 4 
or 5(b)] section 4, 5, or 6(b), such person shall notify the 
Administrator of such exportation [or intent to export] , not 
later than 30 days after the date of exportation of the 
substance or mixture, and the Administrator shall promptly 
thereafter furnish to the government of such country notice of 
the availability of the data submitted to the Administrator 
under such section for such substance or mixture.
    (2) If any person exports [or intends to export] to a 
foreign country a chemical substance or mixture for which [an 
order has been issued under section 5 or a rule has been 
proposed or promulgated under section 5 or 6, or with respect 
to which an action is pending, or relief has been granted under 
section 5 or 7]  an action has been taken pursuant to section 6 
or 7, such person shall notify the Administrator of such 
exportation [or intent to export] , not later than 30 days 
after the date of exportation of the substance or mixture, and 
the Administrator shall  promptly thereafter furnish to the 
government of such country notice of [such rule, order, action, 
or relief] the action taken pursuant to section 6 or 7.
  (3) Change in export status.--
          (A) In general.--Any person that has notified the 
        Administrator of the exportation of a chemical 
        substance or mixture under this section shall notify 
        the Administrator of any change in the export status of 
        the substance or mixture by not later than 30 days 
        after such a change in status.
          (B) Updated notice.--The Administrator shall promptly 
        furnish an updated notice to the governments that have 
        been notified pursuant to paragraphs (1) and (2) 
        regarding the exportation of any chemical substance or 
        mixture subject to this section if--
                  (i) data for the substance or mixture have 
                been received by the Administrator pursuant to 
                section 4, 5, 6(b), or 8;
                  (ii) a change has occurred in the export 
                status of the substance or mixture; or
                  (iii) a change has been made in any risk 
                management action taken pursuant to section 6 
                or 7 for the substance or mixture.
  [(c)] (b) Prohibition on Export of Elemental Mercury.--
          (1) Prohibition.--Effective January 1, 2013, the 
        export of elemental mercury from the United States is 
        prohibited.
          [(2) Inapplicability of subsection (a).--Subsection 
        (a) shall not apply to this subsection.]
          [(3)](2) Report to congress on mercury compounds.--
                  (A) Report.--Not later than one year after 
                the date of enactment of the Mercury Export Ban 
                Act of 2008, the Administrator shall publish 
                and submit to Congress a report on mercuric 
                chloride, mercurous chloride or calomel, 
                mercuric oxide, and other mercury compounds, if 
                any, that may currently be used in significant 
                quantities in products or processes. Such 
                report shall include an analysis of--
                          (i) the sources and amounts of each 
                        of the mercury compounds imported into 
                        the United States or manufactured in 
                        the United States annually;
                          (ii) the purposes for which each of 
                        these compounds are used domestically, 
                        the amount of these compounds currently 
                        consumed annually for each purpose, and 
                        the estimated amounts to be consumed 
                        for each purpose in 2010 and beyond;
                          (iii) the sources and amounts of each 
                        mercury compound exported from the 
                        United States annually in each of the 
                        last three years;
                          (iv) the potential for these 
                        compounds to be processed into 
                        elemental mercury after export from the 
                        United States; and
                          (v) other relevant information that 
                        Congress should consider in determining 
                        whether to extend the export 
                        prohibition to include one or more of 
                        these mercury compounds.
                  (B) Procedure.--For the purpose of preparing 
                the report under this paragraph, the 
                Administrator may utilize the information 
                gathering authorities of this title, including 
                sections 10 and 11.
          [(4)](3) Essential use exemption.--(A) Any person 
        residing in the United States may petition the 
        Administrator for an exemption from the prohibition in 
        paragraph (1), and the Administrator may grant by rule, 
        after notice and opportunity for comment, an exemption 
        for a specified use at an identified foreign facility 
        if the Administrator finds that--
                  (i) nonmercury alternatives for the specified 
                use are not available in the country where the 
                facility is located;
                  (ii) there is no other source of elemental 
                mercury available from domestic supplies (not 
                including new mercury mines) in the country 
                where the elemental mercury will be used;
                  (iii) the country where the elemental mercury 
                will be used certifies its support for the 
                exemption;
                  (iv) the export will be conducted in such a 
                manner as to ensure the elemental mercury will 
                be used at the identified facility as described 
                in the petition, and not otherwise diverted for 
                other uses for any reason;
                  (v) the elemental mercury will be used in a 
                manner that will protect human health and the 
                environment, taking into account local, 
                regional, and global human health and 
                environmental impacts;
                  (vi) the elemental mercury will be handled 
                and managed in a manner that will protect human 
                health and the environment, taking into account 
                local, regional, and global human health and 
                environmental impacts; and
                  (vii) the export of elemental mercury for the 
                specified use is consistent with international 
                obligations of the United States intended to 
                reduce global mercury supply, use, and 
                pollution.
          (B) Each exemption issued by the Administrator 
        pursuant to this paragraph shall contain such terms and 
        conditions as are necessary to minimize the export of 
        elemental mercury and ensure that the conditions for 
        granting the exemption will be fully met, and shall 
        contain such other terms and conditions as the 
        Administrator may prescribe. No exemption granted 
        pursuant to this paragraph shall exceed three years in 
        duration and no such exemption shall exceed 10 metric 
        tons of elemental mercury.
          (C) The Administrator may by order suspend or cancel 
        an exemption under this paragraph in the case of a 
        violation described in subparagraph (D).
          (D) A violation of this subsection or the terms and 
        conditions of an exemption, or the submission of false 
        information in connection therewith, shall be 
        considered a prohibited act under section 15, and shall 
        be subject to penalties under section 16, injunctive 
        relief under section 17, and citizen suits under 
        section 20.
          [(5)](4) Consistency with trade obligations.--Nothing 
        in this subsection affects, replaces, or amends prior 
        law relating to the need for consistency with 
        international trade obligations.
          [(6)](5) Export of coal.--Nothing in this subsection 
        shall be construed to prohibit the export of coal.
  (c) Public Records.--The Administrator shall--
          (1) maintain copies of all current notices provided 
        to other governments under this section; and
          (2) make such copies available to the public in 
        electronic format.

SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE UNITED STATES.

    (a) In General.--(1) The [Secretary of the Treasury]  
Secretary of Homeland Security shall refuse entry into the 
customs territory of the United States (as defined in general 
note 2 of the Harmonized Tariff Schedule of the United States) 
of any chemical substance, mixture, or article containing a 
chemical substance or mixture offered for such entry [if--]
          [(A) it fails to comply with any rule in effect under 
        this Act, or
          [(B) it is offered for entry in violation of section 
        5, 6, or title IV a rule or order under section 5, 6, 
        or title IV or an order issued in a civil action 
        brought under section 5, 7 or title IV.] if the 
        substance, mixture, or article fails to comply with or 
        is offered for entry in violation of any rule or order 
        in effect under this Act.
    (2) If a chemical substance, mixture, or article is refused 
entry under paragraph (1), the [Secretary of the Treasury]  
Secretary of Homeland Security shall notify the consignee of 
such entry refusal, shall not release it to the consignee, and 
shall cause its disposal or storage (under such rules as the 
[Secretary of the Treasury]  Secretary of Homeland Security may 
prescribe) if it has not been exported by the consignee within 
90 days from the date of receipt of notice of such refusal, 
except that the [Secretary of the Treasury]  Secretary of 
Homeland Security may, pending a review by the Administrator of 
the entry refusal, release to the consignee such substance, 
mixture, or article on execution of bond for the amount of the 
full invoice of such substance, mixture, or article (as such 
value is set forth in the customs entry), together with the 
duty thereon. On failure to return such substance, mixture, or 
article for any cause to the custody of the [Secretary of the 
Treasury]  Secretary of Homeland Security when demanded, such 
consignee shall be liable to the United States for liquidated 
damages equal to the full amount of such bond. All charges for 
storage, cartage, and labor on and for disposal of substances, 
mixtures, or articles which are refused entry or released under 
this section shall be paid by the owner or consignee, and in 
default of such payment shall constitute a lien against any 
future entry made by such owner or consignee.
          (3) Import as part of an article.--Chemical 
        substances and mixtures imported as part of an article 
        shall be subject to the same requirements under this 
        Act as if the substances and mixtures had been imported 
        in bulk, except as the Administrator may provide by 
        rule under this Act, or as the Secretary of Homeland 
        Security may provide by rule under subsection (b).
    (b) Rules.--The [Secretary of the Treasury] , Secretary of 
Homeland Security after consultation with the Administrator, 
shall issue rules for the administration of subsection (a) of 
this section.

[SEC. 14. DISCLOSURE OF DATA.

    [(a) In General.--Except as provided by subsection (b), any 
information reported to, or otherwise obtained by, the 
Administrator (or any representative of the Administrator) 
under this Act, which is exempt from disclosure pursuant to 
subsection (a) of section 552 of title 5, United States Code, 
by reason of subsection (b)(4) of such section, shall, 
notwithstanding the provisions of any other section of this 
Act, not be disclosed by the Administrator or by any officer or 
employee of the United States, except that such information--
          [(1) shall be disclosed to any officer or employee of 
        the United States--
                  [(A) in connection with the official duties 
                of such officer or employee under any law for 
                the protection of health or the environment, or
                  [(B) for specific law enforcement purposes;
          [(2) shall be disclosed to contractors with the 
        United States and employees of such contractors if in 
        the opinion of the Administrator such disclosure is 
        necessary for the satisfactory performance by the 
        contractor of a contract with the United States entered 
        into on or after the date of enactment of this Act for 
        the performance of work in connection with this Act and 
        under such conditions as the Administrator may specify;
          [(3) shall be disclosed if the Administrator 
        determines it necessary to protect health or the 
        environment against an unreasonable risk of injury to 
        health or the environment; or
          [(4) may be disclosed when relevant in any proceeding 
        under this Act, except that disclosure in such a 
        proceeding shall be made in such manner as to preserve 
        confidentiality to the extent practicable without 
        impairing the proceeding.
In any proceeding under section 552(a) of title 5, United 
States Code, to obtain information the disclosure of which has 
been denied because of the provisions of this subsection, the 
Administrator may not rely on section 552(b)(3) of such title 
to sustain the Administrator's action.
    [(b) Data From Health and Safety Studies.--(1) Subsection 
(a) does not prohibit the disclosure of--
          [(A) any health and safety study which is submitted 
        under this Act with respect to--
                  [(i) any chemical substance or mixture which, 
                on the date on which such study is to be 
                disclosed has been offered for commercial 
                distribution, or
                  [(ii) any chemical substance or mixture for 
                which testing is required under section 4 or 
                for which notification is required under 
                section 5, and
          [(B) any data reported to, or otherwise obtained by, 
        the Administrator from a health and safety study which 
        relates to a chemical substance or mixture described in 
        clause (i) or (ii) of subparagraph (A).
This paragraph does not authorize the release of any data which 
discloses processes used in the manufacturing or processing of 
a chemical substance or mixture or, in the case of a mixture, 
the release of data disclosing the portion of the mixture 
comprised by any of the chemical substances in the mixture.
    [(2) If a request is made to the Administrator under 
subsection (a) of section 552 of title 5, United States Code, 
for information which is described in the first sentence of 
paragraph (1) and which is not information described in the 
second sentence of such paragraph, the Administrator may not 
deny such request on the basis of subsection (b)(4) of such 
section.
    [(c) Designation and Release of Confidential Data.--(1) In 
submitting data under this Act, a manufacturer, processor, or 
distributor in commerce may (A) designate the data which such 
person believes is entitled to confidential treatment under 
subsection (a), and (B) submit such designated data separately 
from other data submitted under this Act. A designation under 
this paragraph shall be made in writing and in such manner as 
the Administrator may prescribe.
    [(2)(A) Except as provided by subparagraph (B), if the 
Administrator proposes to release for inspection data which has 
been designated under paragraph (1)(A), the Administrator shall 
notify, in writing and by certified mail, the manufacturer, 
processor, or distributor in commerce who submitted such data 
of the intent to release such data. If the release of such data 
is to be made pursuant to a request made under section 552(a) 
of title 5, United States Code, such notice shall be given 
immediately upon approval of such request by the Administrator. 
The Administrator may not release such data until the 
expiration of 30 days after the manufacturer, processor, or 
distributor in commerce submitting such data has received the 
notice required by this subparagraph.
    [(B)(i) Subparagraph (A) shall not apply to the release of 
information under paragraph (1), (2), (3), or (4) of subsection 
(a), except that the Administrator may not release data under 
paragraph (3) of subsection (a) unless the Administrator has 
notified each manufacturer, processor, and distributor in 
commerce who submitted such data of such release. Such notice 
shall be made in writing by certified mail at least 15 days 
before the release of such data, except that if the 
Administrator determines that the release of such data is 
necessary to protect against an imminent, unreasonable risk of 
injury to health or the environment, such notice may be made by 
such means as the Administrator determines will provide notice 
at least 24 hours before such release is made.
    [(ii) Subparagraph (A) shall not apply to the release of 
information described in subsection (b)(1) other than 
information described in the second sentence of such 
subsection.
    [(d) Criminal Penalty for Wrongful Disclosure.--(1) Any 
officer or employee of the United States or former officer or 
employee of the United States, who by virtue of such employment 
or official position has obtained possession of, or has access 
to, material the disclosure of which is prohibited by 
subsection (a), and who knowing that disclosure of such 
material is prohibited by such subsection, willfully 
disclosures the material in any manner to any person not 
entitled to receive it, shall be guilty of a misdemeanor and 
fined not more than $5,000 or imprisoned for not more than one 
year, or both. Section 1905 of title 18, United States Code, 
does not apply with respect to the publishing, divulging, 
disclosure, or making known of, or making available, 
information reported or otherwise obtained under this Act.
    [(2) For the purposes of paragraph (1), any contractor with 
the United States who is furnished information as authorized by 
subsection (a)(2), and any employee of any such contractor, 
shall be considered to be an employee of the United States.
    [(e) Access by Congress.--Notwithstanding any limitation 
contained in this section or any other provision of law, all 
information reported to or otherwise obtained by the 
Administrator (or any representative of the Administrator) 
under this Act shall be made available, upon written request of 
any duly authorized committee of the Congress, to such 
committee.]

SEC. 14. DISCLOSURE OF DATA.

  (a) Applicability.--
          (1) In general.--Subject to paragraph (2) and except 
        as provided under subsections (b) and (e), any 
        information reported to, or otherwise obtained by, the 
        Administrator (or any representative of the 
        Administrator) that is exempt from disclosure under 
        subsection (a) of section 552 of title 5, United States 
        Code, (commonly known as the ``Freedom of Information 
        Act'') under subsection (b)(4) of that section, shall 
        not be disclosed by the Administrator or by any officer 
        or employee of the United States, unless the 
        designation of the information as exempt from 
        disclosure is prohibited under Federal law.
          (2) Exemptions.--
                  (A) Mandatory exemptions.--Notwithstanding 
                any other provision of law, the Administrator 
                shall disclose the information described in 
                paragraph (1)--
                          (i) to any officer or employee of the 
                        United States--
                                  (I) in connection with the 
                                official duties of that officer 
                                or employee under any law for 
                                the protection of human health 
                                or the environment; or
                                  (II) for specific law 
                                enforcement purposes;
                          (ii) to a contractor with the United 
                        States and employees of that contractor 
                        if, in the opinion of the 
                        Administrator, the disclosure is 
                        necessary for the satisfactory 
                        performance by the contractor of a 
                        contract with the United States entered 
                        into on or after the date of enactment 
                        of the Safe Chemicals Act of 2011 for 
                        the performance of work in connection 
                        with this Act and under such conditions 
                        as the Administrator may specify;
                          (iii) if the Administrator determines 
                        that the disclosure is necessary to 
                        protect human health or the 
                        environment;
                          (iv) on request, to a State or tribal 
                        government for the purpose of 
                        development or potential development, 
                        administration, or enforcement of a 
                        law, if 1 or more applicable agreements 
                        ensure that the recipient government 
                        will take appropriate steps, and has 
                        adequate authority, to maintain the 
                        confidentiality of the information in 
                        accordance with procedures comparable 
                        to those which the Administrator uses 
                        to safeguard the information;
                          (v) on request, to public health or 
                        environmental health professionals or 
                        medical personnel if the Administrator 
                        determines that--
                                  (I) disclosure is in the 
                                public interest;
                                  (II) the recipient does not 
                                have a conflict of interest or 
                                competitive interest with 
                                respect to the submitter of the 
                                information; and
                                  (III) 1 or more applicable 
                                agreements are in place to 
                                ensure that the recipient of 
                                the information provides 
                                comparable protections to those 
                                provided by the Administrator 
                                to maintain the confidentiality 
                                of the information.
                  (B) Optional exemptions.--Notwithstanding any 
                other provision of law, the Administrator may 
                disclose the information described in paragraph 
                (1) if relevant, in any proceeding under this 
                Act, except that disclosure in such a 
                proceeding shall be made in such manner as to 
                preserve confidentiality to the maximum extent 
                practicable without impairing the proceeding.
          (3) Effect on other laws.--In any proceeding under 
        section 552(a) of title 5, United States Code (commonly 
        referred to as the `Freedom of Information Act'), to 
        obtain information, the disclosure of which has been 
        denied pursuant to this section, the Administrator may 
        not rely on subsection (b)(3) of that section to 
        sustain the action of the Administrator.
  (b) Categories of Confidential Business Information.--
          (1) Information that is always eligible for 
        protection.--Subject to subsection (a)(2) and any other 
        applicable provision of Federal law, the Administrator 
        shall review and approve a request that conforms to the 
        requirements described in subsection (c)(2) to treat as 
        confidential under this section the following 
        information:
                  (A) Precise information describing the 
                manufacture, processing, or distribution of a 
                chemical substance or mixture.
                  (B) Marketing and sales information.
                  (C) Information identifying the customers of 
                a manufacturer, processor, or distributor.
                  (D) Details of the full composition of a 
                mixture of a particular manufacturer or 
                processor.
                  (E) Precise information about the use, 
                function, or application of a chemical 
                substance or mixture in a process, mixture, or 
                product of a particular manufacturer or 
                processor.
                  (F) Precise production or import volumes of a 
                particular manufacturer, processor, or 
                distributor.
          (2) Information that may be eligible for 
        protection.--
                  (A) In general.--Subject to subsection (a) 
                and any other applicable provision of Federal 
                law, and except as provided in paragraphs (1) 
                and (3), information submitted by a 
                manufacturer, processor, or distributor to the 
                Administrator may be protected if the 
                manufacturer, processor, or distributor 
                complies with subsection (c)(2) and the 
                Administrator determines that a request to 
                maintain the confidentiality of the information 
                meets the applicable requirements of this 
                subsection and any rule promulgated by the 
                Administrator under subsection (c)(1).
                  (B) Identities of certain chemical 
                substances.--
                          (i) In general.--Notwithstanding 
                        subparagraph (A), the Administrator 
                        shall not disclose precise information 
                        on the identity of a chemical substance 
                        if--
                                  (I) the manufacturer or 
                                processor of the substance has, 
                                in accordance with subsection 
                                (c)(2)--
                                          (aa) included in a 
                                        notice under section 
                                        5(b) a request, 
                                        including a 
                                        justification and 
                                        documentation for the 
                                        request, that the 
                                        identity of the 
                                        substance be treated as 
                                        confidential business 
                                        information; or
                                          (bb) submitted to the 
                                        Administrator not later 
                                        than 180 days after the 
                                        date of enactment of 
                                        the Safe Chemicals Act 
                                        of 2011 a request, 
                                        including a 
                                        justification and 
                                        documentation for the 
                                        request, that the 
                                        identity of a substance 
                                        for which a notice has 
                                        been submitted under 
                                        section 5(b) as of the 
                                        date of enactment of 
                                        the Safe Chemicals Act 
                                        of 2011 be treated as 
                                        confidential business 
                                        information; and
                                  (II) the Administrator 
                                determines that--
                                          (aa) the request 
                                        complies with all 
                                        applicable requirements 
                                        of this section;
                                          (bb) the chemical 
                                        identity is not readily 
                                        discoverable through 
                                        reverse engineering;
                                          (cc) the manufacturer 
                                        or processor takes 
                                        reasonable measures to 
                                        protect the 
                                        confidentiality of the 
                                        chemical substance;
                                          (dd) no other Federal 
                                        statute requires 
                                        disclosure;
                                          (ee) disclosure of 
                                        the identity of the 
                                        chemical substance 
                                        would cause financial 
                                        or competitive harm to 
                                        the manufacturer or 
                                        processor;
                                          (ff) the chemical 
                                        substance is not, based 
                                        on information that is 
                                        initially available or 
                                        that later becomes 
                                        available to the 
                                        Administrator, a known 
                                        or probable 
                                        reproductive, 
                                        developmental, 
                                        neurological, or 
                                        immunological toxicant, 
                                        carcinogen, or mutagen;
                                          (gg) the chemical 
                                        substance is not 
                                        persistent, 
                                        bioaccumulative, and 
                                        toxic; and
                                          (hh) if a safety 
                                        standard determination 
                                        has been made for a 
                                        chemical substance, the 
                                        Administrator 
                                        determines that the 
                                        chemical substance 
                                        meets the applicable 
                                        safety standard either 
                                        under current 
                                        conditions or under 
                                        additional conditions 
                                        required by the 
                                        Administrator.
                          (ii) Notice.--In cases where all of 
                        the requirements specified in clause 
                        (i) are met--
                                  (I) the notice required to be 
                                made public by the 
                                Administrator under section 
                                5(f)(3) shall include a 
                                justification for the 
                                determination of the 
                                Administrator and identify the 
                                chemical substance by generic 
                                class unless the Administrator 
                                determines that more specific 
                                identification is required in 
                                the public interest; and
                                  (II) as part of a claim to 
                                protect the identity of a 
                                chemical substance under 
                                subsection (c)(2), a 
                                manufacturer or processor may 
                                provide a `public name' for the 
                                chemical substance for use by 
                                the Administrator when sharing 
                                information on the chemical 
                                substance under this 
                                subsection. The public names 
                                should disclose a maximum 
                                amount of information on the 
                                chemical structure of the 
                                substance, while protecting 
                                those features of the chemical 
                                structure that are considered 
                                confidential and the disclosure 
                                of which would potentially harm 
                                the owner of that information.
                          (iii) Duration of protection for 
                        chemical identity.--Notwithstanding 
                        subsection (c)(1)(B)(iv), the identity 
                        of a chemical substance for which a 
                        request has been submitted pursuant to 
                        clause (i)(I) and meets the 
                        requirements of clause (i) shall be 
                        protected as confidential business 
                        information--
                                  (I) for such period of time 
                                as the Administrator, after 
                                reviewing the request, 
                                determines to be reasonable; 
                                and
                                  (II) upon expiration of a 
                                time period specified under 
                                this clause, for an additional 
                                5-year period, if the 
                                Administrator, after reviewing 
                                the request, determines that 
                                the request for protection 
                                continues to meet the criteria 
                                established in this 
                                subparagraph.
                          (iv) Publication requirement.--The 
                        Administrator shall annually publish a 
                        notice that--
                                  (I) includes an updated, 
                                cumulative list of each new 
                                chemical substance for which 
                                the Administrator has approved 
                                a request to protect 
                                information under this 
                                paragraph, identified by a 
                                unique identifier, other than 
                                the precise chemical identity, 
                                and including the period of 
                                time for which the protection 
                                applies; and
                                  (II) for each chemical 
                                substance for which the 
                                protection provided under this 
                                paragraph has expired, provides 
                                the precise identity of the 
                                chemical substance, and 
                                provides public access to any 
                                information that had been 
                                submitted to the Administrator 
                                which concealed the identity of 
                                the chemical substance in 
                                accordance with this paragraph.
                  (C) Impurities.--Notwithstanding subparagraph 
                (A), the Administrator may determine not to 
                disclose information relating to the degree of 
                purity or the identity of impurities present in 
                a chemical substance or mixture if the 
                Administrator determines that knowledge of the 
                information would reveal processes used in the 
                manufacturing or processing of the chemical 
                substance or mixture.
          (3) Information that is never eligible for 
        protection.--
                  (A) In general.--Except as provided in 
                paragraph (2), the Administrator shall disclose 
                the following information:
                          (i) The identity of a chemical 
                        substance.
                          (ii) Any safety standard 
                        determination developed under section 
                        6, including supporting analysis 
                        developed by the Administrator.
                          (iii) Any health and safety study 
                        data that is submitted under this Act 
                        with respect to--
                                  (I) any chemical substance or 
                                mixture--
                                          (aa) that has been 
                                        offered for commercial 
                                        distribution as of the 
                                        date on which the study 
                                        is to be disclosed; or
                                          (bb) for which 
                                        testing is required 
                                        under section 4 or for 
                                        which notification is 
                                        required under section 
                                        5; and
                                  (II) any data reported to, or 
                                otherwise obtained by, the 
                                Administrator from a health and 
                                safety study that relates to a 
                                chemical substance or mixture 
                                described in subclause (I).
                          (iv) Health and safety data in 
                        notices of substantial risk submitted 
                        pursuant to section 8(l) and in the 
                        underlying studies.
                          (v) General information describing 
                        the manufacturing volumes, expressed in 
                        ranges, and industrial, commercial, or 
                        consumer functions and uses of a 
                        chemical substance or mixture.
                          (vi) Any information indicating the 
                        presence of a chemical substance in 
                        consumer products intended for use, or 
                        reasonably expected to be used, by 
                        children aged 14 years or younger, if--
                                  (I) the Administrator, or 
                                another authoritative body, has 
                                determined that the chemical 
                                substance--
                                          (aa) is a known or 
                                        probable reproductive, 
                                        developmental, 
                                        neurological, or 
                                        immunological toxicant, 
                                        carcinogen, or mutagen; 
                                        or
                                          (bb) is persistent, 
                                        bioaccumulative, and 
                                        toxic; or
                                  (II) for a chemical substance 
                                for which a safety standard 
                                determination has been made, 
                                the Administrator has not found 
                                that the chemical substance 
                                meets the safety standard.
                  (B) Prohibition.--Nothing in this paragraph 
                authorizes the release of any data that 
                discloses a process used in the manufacturing 
                or processing of a chemical substance or 
                mixture, or in the case of a mixture, the 
                release of data disclosing the portion of the 
                mixture comprised by any of the chemical 
                substances in the mixture.
                  (C) Applicability of other laws.--Except as 
                provided in paragraph (2), if the Administrator 
                receives a request for information under 
                section 552(a) of title 5, United States Code, 
                (commonly known as the `Freedom of Information 
                Act') for information described in subparagraph 
                (A), which is not information described in 
                subparagraph (B), the Administrator shall not 
                deny the request under subsection (b)(4) of 
                that section.
  (c) Designation and Treatment of Confidential Business 
Information.--
          (1) Duties of the administrator.--
                  (A) Rules.--Not later than 1 year after the 
                date of enactment of the Safe Chemicals Act of 
                2011, the Administrator shall promulgate rules 
                that specify--
                          (i) the acceptable bases on which 
                        written requests to maintain 
                        confidentiality of information may be 
                        approved, which shall be consistent 
                        with the requirements of this section;
                          (ii) the nature of the documentation 
                        and justification that must accompany 
                        such a request; and
                          (iii) the types of information the 
                        Administrator determines warrant 
                        protection for an indefinite period of 
                        time, for which the term of 
                        confidentiality specified in 
                        subparagraph (B)(iv)(I) shall not 
                        apply.
                  (B) Review of requests.--
                          (i) In general.--Not later than 90 
                        days after the date of receipt of 
                        information under paragraph (2), the 
                        Administrator shall review a request to 
                        maintain confidentiality of information 
                        submitted under this Act and determine 
                        whether to approve, modify, or deny 
                        that request based on the regulations 
                        promulgated by the Administrator under 
                        subparagraph (A).
                          (ii) Process.--The Administrator 
                        shall, in accordance with clause (i)--
                                  (I) review all requests 
                                received to maintain 
                                confidentiality of submitted 
                                information; or
                                  (II) if it is not feasible 
                                for the Administrator to review 
                                all of the requests--
                                          (aa) review all 
                                        requests relating to 
                                        information described 
                                        in subsection 
                                        (b)(2)(B); and
                                          (bb) review a 
                                        representative subset 
                                        that includes not less 
                                        than 25 percent of all 
                                        other requests 
                                        received; and
                                  (III) publish in the Federal 
                                Register on at least an annual 
                                basis a description of the 
                                number and types of requests 
                                received and reviewed by the 
                                Administrator.
                          (iii) Denials.--If a request to 
                        maintain confidentiality of submitted 
                        information is denied in accordance 
                        with subparagraph (D), the 
                        Administrator shall promptly make the 
                        information available to the public in 
                        accordance with section 8(i)(2).
                          (iv) Approvals.--If a request to 
                        maintain confidentiality of submitted 
                        information is approved, the 
                        Administrator shall--
                                  (I) except with respect to 
                                requests subject to a rule 
                                issued pursuant to subparagraph 
                                (A)(iii) and requests submitted 
                                pursuant to subsection 
                                (b)(2)(B)(i)(I), specify a time 
                                period not to exceed 5 years 
                                for which the submitted 
                                information shall be kept 
                                confidential, unless the 
                                information otherwise becomes 
                                available to the public during 
                                the period; and
                                  (II) upon the expiration of 
                                the protection period, make the 
                                information available to the 
                                public unless the manufacturer, 
                                processor, or distributor has 
                                submitted, documented, and 
                                justified to the satisfaction 
                                of the Administrator and in 
                                accordance with this subsection 
                                the basis for a renewal of the 
                                protection, for a time period 
                                not to exceed 5 years.
                  (C) Authority of the administrator.--Nothing 
                in subparagraph (A) or (B) limits the authority 
                of the Administrator to determine that 
                particular information, previously treated as 
                confidential, is no longer entitled to 
                confidential treatment.
                  (D) Notifications.--
                          (i) In general.--Except as provided 
                        in clause (ii), if the Administrator 
                        proposes to release information for 
                        which a request for confidential 
                        treatment has been approved under this 
                        section, the Administrator shall 
                        electronically notify the manufacturer, 
                        processor, or distributor in commerce 
                        who submitted the request of the intent 
                        of the Administrator to release the 
                        information not less than 15 days prior 
                        to the release of the information.
                          (ii) Administration.--The 
                        Administrator shall release the 
                        information described in clause (i) in 
                        accordance with the disclosure and 
                        procedural requirements of section 552 
                        of title 5, United States Code 
                        (commonly known as the `Freedom of 
                        Information Act'), except that--
                                  (I) if the release of the 
                                information is to be made 
                                pursuant to a request made 
                                under section 552(a) of title 
                                5, United States Code, the 
                                notice shall be given 
                                immediately upon approval of 
                                the request by the 
                                Administrator;
                                  (II) if the Administrator 
                                determines that the release of 
                                information pursuant to 
                                subsection (a)(2)(A)(iii) is 
                                necessary to protect against 
                                imminent and substantial harm 
                                to human health or the 
                                environment, no notice shall be 
                                required; and
                                  (III) the requirements of 
                                this subparagraph shall not 
                                apply to the release of 
                                information under--
                                          (aa) clauses (i) 
                                        through (iii) of 
                                        subsection (a)(2)(A); 
                                        or
                                          (bb) subsection 
                                        (b)(3)(A).
          (2) Duties of manufacturers, processors, and 
        distributors.--
                  (A) In general.--In submitting data under 
                this Act, a manufacturer, processor, or 
                distributor in commerce may--
                          (i) designate information, other than 
                        information described in subsection 
                        (b)(3), for which the manufacturer, 
                        processor, or distributor requests 
                        confidential treatment under subsection 
                        (a) or (b); and
                          (ii) submit the designated data 
                        separately from other data submitted 
                        under this Act.
                  (B) Requirements.--A designation under this 
                paragraph shall be made in writing and in such 
                manner as the Administrator may prescribe, and 
                shall include--
                          (i) documentation and justification 
                        for each request for confidentiality, 
                        except for requests relating to the 
                        information described in subsection 
                        (b)(1);
                          (ii) the period of time for which 
                        maintenance of confidentiality of the 
                        information is requested except with 
                        respect to requests subject to a rule 
                        issued pursuant to subsection 
                        (c)(1)(A)(iii);
                          (iii) a certification that the 
                        information is not otherwise publicly 
                        available;
                          (iv) separate copies of all submitted 
                        information, with 1 copy containing and 
                        1 copy excluding the information to 
                        which the request applies; and
                          (v) any additional information 
                        required by the Administrator.
                  (C) Request for renewal.--Prior to the 
                expiration of the specified time period 
                determined by the Administrator under paragraph 
                (1)(B)(iv), a manufacturer, processor, or 
                distributor may submit a request for renewal of 
                protection for protected information. This 
                request for renewal shall follow the same 
                procedures and requirements as the initial 
                submission under subparagraphs (A) and (B).
  (d) Civil Penalty for Wrongful Disclosure or Wrongful 
Requests for Protection.--
          (1) In general.--Any officer or employee of the 
        United States or former officer or employee of the 
        United States, who, by virtue of employment or official 
        position has obtained possession of, or has access to, 
        material the disclosure of which is prohibited by 
        subsection (a), and who knowing that disclosure of the 
        material is prohibited by that subsection, willfully 
        discloses the material in any manner to any person not 
        entitled to receive the information, shall be subject 
        to appropriate disciplinary action and subject to a 
        civil money penalty of not more than $10,000 for each 
        violation.
          (2) Applicability of other laws.--Section 1905 of 
        title 18, United States Code, shall not apply with 
        respect to the publishing, divulging, disclosure, 
        making known, or making available of, information 
        reported or otherwise obtained under this Act.
          (3) Contractors.--For the purposes of paragraph (1), 
        any contractor with the United States who is furnished 
        information as authorized by subsection (a)(2), 
        including any employee of such a contractor, shall be 
        considered to be an employee of the United States.
          (4) False requests.--Any officer or employee of a 
        company that submits information under this Act who 
        willfully designates information as eligible for 
        confidential treatment, knowing that the information is 
        ineligible for such treatment, shall be subject to a 
        civil money penalty of not more than $10,000 for each 
        such violation.
  (e) Access by Congress.--Notwithstanding this section or any 
other provision of law, all information reported to or 
otherwise obtained by the Administrator (or any representative 
of the Administrator) under this Act shall be made available, 
on written request of any duly authorized committee of 
Congress, to that committee.
  (f) Risk Information for Workers.--The Administrator shall 
facilitate the sharing of information that pertains to chemical 
substances or mixtures or articles containing chemical 
substances that workers may come into contact with or may 
otherwise be exposed to during the course of work with those 
workers and representatives of each certified or recognized 
bargaining agent representing those workers. Nothing in this 
subsection authorizes disclosure of information other than 
those disclosures that may be made pursuant to subsections (a) 
through (e).

SEC. 15. PROHIBITED ACTS.

    It shall be unlawful for any person to--
          [(1) fail or refuse to comply with (A) any rule 
        promulgated or order issued under section 4, (B) any 
        requirement prescribed by section 5 or 6, (C) any rule 
        promulgated or order issued under section 5 or 6, or 
        (D) any requirement of title II or any rule promulgated 
        or order issued under title II;]
          (1) fail or refuse to comply with any rule, order, 
        prohibition, restriction, or other requirement imposed 
        by this Act or by the Administrator under this Act;
          (2) [use] manufacture, process, distribute in 
        commerce, use, or dispose of for commercial purposes a 
        chemical substance [or mixture] , mixture, or article[ 
        which such person knew or had reason to know was 
        manufactured, processed, or distributed in commerce in 
        violation of section 5 or 6, a rule or order under 
        section 5 or 6, or an order issued in action brought 
        under section 5 or 7] any rule, order, prohibition, 
        restriction, or other requirement imposed by this Act 
        or by the Administrator under this Act;
          (3) fail or refuse to (A) establish or maintain 
        acurate and complete records, (B) submit or make 
        accurate and complete reports, notices, information 
        submissions, disclosures, declarations, certifications, 
        or other information, or (C) permit access to or 
        copying of records, as required by this Act or a rule 
        thereunder; [or]
          (4) fail or refuse to permit entry or inspection as 
        required by section 11[.];
          (5) make or submit a statement, declaration, 
        disclosure, certification, writing, data set, or 
        representation that is materially false, in whole or in 
        part, or to falsify or conceal any material fact, in 
        taking any action or making any communication pursuant 
        to this Act or pursuant to any rule or order 
        promulgated or issued under this Act; or
          (6) take any action prohibited by this Act.

SEC. 16. PENALTIES.

    (a) Civil.--(1) Any person who violates a provision of this 
Act or a rule or order promulgated or issued pursuant to this 
Act, as described insection 15 or 409 shall be liable to the 
United States for a civil penalty in an amount not to exceed 
[$25,000] $37,500 for each such violation. Each day such a 
violation continues shall, for purposes of this subsection, 
constitute a separate [violation of section 15 or 409] 
violation of this Act.
          (2) In the case of any violation described in 
        paragraph (1), the Administrator may commence a civil 
        action in the appropriate United States district court 
        to assess penalties pursuant to that paragraph.
    [(2)](3)(A) A civil penalty for a violation of this Act, as 
described in section 15 or 409 shall be assessed by the 
Administrator by an order made on the record after opportunity 
(provided in accordance with this subparagraph) for a hearing 
in accordance with section 554 of title 5, United States Code. 
Before issuing such an order, the Administrator shall give 
written notice to the person to be assessed a civil penalty 
under such order of the Administrator's proposal to issue such 
order and provide such person an opportunity to request, 
[within 15 days of] not later than 15 days after the date the 
notice is received by such person, such a hearing on the order.
    (B) In determining the amount of a civil penalty, the 
Administrator shall take into account the nature, 
circumstances, extent, and gravity of the violation or 
violations and, with respect to the violator, ability to pay, 
effect on ability to continue to do business, any history of 
prior such violations, the degree of culpability, and such 
other matters as justice may require.
    (C) The Administrator may compromise, modify, or remit, 
with or without conditions, any civil penalty which may be 
imposed under this subsection. The amount of such penalty, when 
finally determined, or the amount agreed upon in compromise, 
may be deducted from any sums owing by the United States to the 
person charged.
    [(3)](4) Any person who requested in accordance with 
[paragraph (2)(A)] paragraph (3)(A) a hearing respecting the 
assessment of a civil penalty and who is aggrieved by an order 
assessing a civil penalty may file a petition for judicial 
review of such order with [the United States Court of Appeals 
for the District of Columbia Circuit or for any other circuit] 
the appropriate district court of the United States for the 
district in which such person resides or transacts business. 
Such a petition may only be filed within the 30-day period 
beginning on the date the order making such assessment was 
issued.
    [(4)](5) If any person fails to pay an assessment of a 
civil penalty--
          (A) after the order making the assessment has become 
        a final order and if such person does not file a 
        petition for judicial review of the order in accordance 
        with [paragraph (3)] paragraph (4), or
          (B) after a court in an action brought under 
        [paragraph (3)] paragraph (4) has entered a final 
        judgment in favor of the Administrator,
the Attorney General shall recover the amount assessed (plus 
interest at currently prevailing rates from the date of the 
expiration of the 30-day period referred to in [paragraph (3)] 
paragraph (4) or the date of such final judgment, as the case 
may be) in an action brought in any appropriate district court 
of the United States. In such an action, the validity, amount, 
and appropriateness of such penalty shall not be subject to 
review.
    (b) Criminal.--[Any person]
          (1) In general.--Any person who knowingly [or 
        willfully] violates any provision of this Act, as 
        described in section 15 or 409 shall, in addition to or 
        in lieu of any civil penalty which may be imposed under 
        subsection (a) of this section for such violation, be 
        subject, upon conviction, to a fine of not more than 
        [$25,000] $50,000 for each day of violation, or to 
        imprisonment for not more than [one year] 5 years, or 
        both.
          (2) Imminent danger of death or serious bodily 
        injury.--
                  (A) In general.--Any individual who knowingly 
                violates any provision of this Act and who 
                knows at the time that the violation places 
                another person in imminent danger of death or 
                serious bodily injury shall upon conviction be 
                subject to a fine of not more than $250,000, or 
                imprisonment of not more than 15 years, or 
                both.
                  (B) Other persons.--A person that is not an 
                individual shall, upon conviction of violating 
                this paragraph, be subject to a fine of not 
                more than $1,000,000.

SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE.

  (a) Specific Enforcement.--[(1) The district courts of the 
United States shall have jurisdiction over civil actions to--
          [(A) restrain any violation of section 15 or 409,
          [(B) restrain any person from taking any action 
        prohibited by section 5, 6, or title IV, or by a rule 
        or order under section 5, 6, or title IV,
          [(C) compel the taking of any action required by or 
        under this Act, or]
          (1) Authority of the administrator.--
                  (A) In general.--The Administrator may 
                commence a civil action in the appropriate 
                United States district court to compel 
                compliance of any person with any provision of 
                this Act or any rule or order promulgated 
                pursuant to this Act.
                  (B) Enforcement.--The authority of the 
                Administrator to enforce this Act includes the 
                authority--
                          (i) to seek civil or criminal 
                        penalties under section 16 for any 
                        violation of this Act, as described in 
                        sections 15 and 409;
                          (ii) to enjoin any violation of this 
                        Act, or of a rule or order promulgated 
                        or issued under this Act, as described 
                        in sections 15 and 409;
                          (iii) to order the compliance of any 
                        person with any provision of this Act, 
                        or with any rule or order promulgated 
                        or issued under this Act, through an 
                        administrative proceeding (which may 
                        proceed concurrently with action under 
                        this section), in which the 
                        Administrator may levy penalties under 
                        section 16
          [(D) direct any manufacturer]
                          (iv) to order any manufacturer;or 
                        processor of a chemical substance, 
                        mixture, or [product subject to title 
                        IV] article subject to this Act 
                        manufactured or processed in violation 
                        [of section 5, 6, or title IV] this 
                        Act, or a rule or order [under section 
                        5, 6, or title IV] promulgated and 
                        issued under this Act, as described in 
                        section 15 or 409, and distributed in 
                        commerce,[(i)]
                                  (I) to give notice of such 
                                fact to distributors in 
                                commerce of such substance, 
                                mixture, or [product] article 
                                and, to the extent reasonably 
                                ascertainable, to other persons 
                                in possession of such 
                                substance, mixture, or 
                                [product] article or exposed to 
                                such substance, mixture, or 
                                [product] article, [(ii)]
                                  (II) to give public notice of 
                                such risk of injury, and 
                                [(iii)]
                                  (III) to either replace or 
                                repurchase such substance, 
                                mixture, or [product] article, 
                                whichever the person to which 
                                the requirement is directed 
                                elects.
    [(2) A civil action described in paragraph (1) may be 
brought--
          [(A) in the case of a civil action described in 
        subparagraph (A) of such paragraph]
          (2) Civil actions.--
                  (A) In general.--The district courts of the 
                United States shall have jurisdiction over a 
                civil action described in paragraph (1).
                  (B) Requirements.--A civil action described 
                in paragraph (1) may be brought--
                          (i) in the case of a civil action 
                        described in subparagraphs (A) and (B) 
                        of paragraph (1), in the United States 
                        district court for the judicial 
                        district wherein any act, omission, or 
                        transaction constituting a violation 
                        [of section 15]of this Act, as 
                        described in section 15 or 409 occurred 
                        or wherein the defendant is found or 
                        transacts business, or
          [(B)]
                          (ii) in the case of any other civil 
                        action described in [such paragraph] 
                        paragraph (1), in the United States 
                        district court for the judicial 
                        district wherein the defendant is found 
                        or transacts business.
          (3) Serving of process and subpoenas.--In any
[In any] such civil action process may be served on a defendant 
in any judicial district in which a defendant resides or may be 
found. Subpoenas requiring attendance of witnesses in any such 
action may be served in any judicial district.
    (b) Seizure.--Any chemical substance, mixture, or [product] 
article subject to [title IV] this Act which was manufactured, 
processed, or distributed in commerce in violation of this Act 
or any rule promulgated or order issued under this Act or any 
article containing such a substance or mixture shall be liable 
to be proceeded against, by process of libel for the seizure 
and condemnation of such substance, mixture, [product,] or 
article, in any district court of the United States within the 
jurisdiction of which such substance, mixture, [product,] or 
article is found. Such proceeding shall conform as nearly as 
possible to proceedings in rem in admiralty.

[SEC. 18. PREEMPTION.

    [(a) Effect on State Law.--(1) Except as provided in 
paragraph (2), nothing in this Act shall affect the authority 
of any State or political subdivision of a State to establish 
or continue in effect regulation of any chemical substance, 
mixture, or article containing a chemical substance or mixture.
    [(2) Except as provided in subsection (b)--
          [(A) if the Administrator requires by a rule 
        promulgated under section 4 the testing of a chemical 
        substance or mixture, no State or political subdivision 
        may, after the effective date of such rule, establish 
        or continue in effect a requirement for the testing of 
        such substance or mixture for purposes similar to those 
        for which testing is required under such rule; and
          [(B) if the Administrator prescribes a rule or order 
        under section 5 or 6 (other than a rule imposing a 
        requirement described in subsection (a)(6) of section 
        6) which is applicable to a chemical substance or 
        mixture, and which is designed to protect against a 
        risk of injury to health or the environment associated 
        with such substance or mixture, no State or political 
        subdivision of a State may, after the effective date of 
        such requirement, establish or continue in effect, any 
        requirement which is applicable to such substance or 
        mixture, or an article containing such substance or 
        mixture, and which is designed to protect against such 
        risk unless such requirement (i) is identical to the 
        requirement prescribed by the Administrator, (ii) is 
        adopted under the authority of the Clean Air Act or any 
        other Federal law, or (iii) prohibits the use of such 
        substance or mixture in such State or political 
        subdivision (other than its use in the manufacture or 
        processing of other substances or mixtures).
    [(b) Exemption.--Upon application of a State or political 
subdivision of a State the Administrator may by rule exempt 
from subsection (a)(2), under such conditions as may be 
prescribed in such rule, a requirement of such State or 
political subdivision designed to protect against a risk of 
injury to health or the environment associated with a chemical 
substance, mixture, or article containing a chemical substance 
or mixture if--
          [(1) compliance with the requirement would not cause 
        the manufacturing, processing, distribution in 
        commerce, or use of the substance, mixture, or article 
        to be in violation of the applicable requirement under 
        this Act described in subsection (a)(2), and
          [(2) the State or political subdivision requirement 
        (A) provides a significantly higher degree of 
        protection from such risk than the requirement under 
        this Act described in subsection (a)(2) and (B) does 
        not, through difficulties in marketing, distribution, 
        or other factors, unduly burden interstate commerce.]
  Nothing in this Act affects the right of a State or a 
political subdivision of a State to adopt or enforce any 
regulation, requirement, or standard of performance that is 
different from, or in addition to, a regulation, requirement, 
liability, or standard of performance established pursuant to 
this Act unless compliance with both this Act and the State or 
political subdivision of a State regulation, requirement, or 
standard of performance is impossible, in which case the 
applicable provisions of this Act shall control.

SEC. 19. JUDICIAL REVIEW.

    (a) In General.--[(1)(A) Not later than 60 days after the 
date of the promulgation of a rule or order under section 4(a), 
5(a)(2), 5(b)(4), 6(a), 6(e), or 8, or under title II or IV,]
          (1) Judicial review.--Not later than 60 days after 
        the date of the promulgation or issuance of a rule 
        under of this Act,any person may file a petition for 
        judicial review of such rule or order with the United 
        States Court of Appeals for the District of Columbia 
        Circuit or for the circuit in which such person resides 
        or in which such person's principal place of business 
        is located. Courts of appeals of the United States 
        shall have exclusive jurisdiction of any action to 
        obtain judicial review [(other than in an enforcement 
        proceeding)] of such a rule or order if any district 
        court of the United States would have had jurisdiction 
        of such action but for this subparagraph.
    [(B) Courts of appeals of the United States shall have 
exclusive jurisdiction of any action to obtain judicial review 
(other than in an enforcement proceeding) of an order issued 
under subparagraph (A) or (B) of section 6(b)(1) if any 
district court of the United States would have had jurisdiction 
of such action but for this subparagraph.]
    (2) Copies of any petition filed under [paragraph (1)(A)] 
paragraph (1) shall be transmitted forthwith to the 
Administrator and to the Attorney General by the clerk of the 
court with which such petition was filed. The provisions of 
section 2112 of title 28, United States Code, shall apply to 
the filing of the rulemaking record of proceedings on which the 
Administrator based the rule or order being reviewed under this 
section and to the transfer of proceedings between United 
States courts of appeals.
    [(3) For purposes of this section, the term ``rulemaking 
record'' means--
          [(A) the rule being reviewed under this section;
          [(B) in the case of a rule under section 4(a), the 
        finding required by such section, in the case of a rule 
        under section 5(b)(4), the finding required by such 
        section, in the case of a rule under section 6(a) the 
        finding required by section 5(f) or 6(a), as the case 
        may be, in the case of a rule under section 6(a), the 
        statement required by section 6(c)(1), and in the case 
        of a rule under section 6(e), the findings required by 
        paragraph (2)(B) or (3)(B) of such section, as the case 
        may be\1\ and in the case of a rule under title IV, the 
        finding required for the issuance of such a rule;
---------------------------------------------------------------------------
    \1\So in law. Probably should be followed by a comma.
---------------------------------------------------------------------------
          [(C) any transcript required to be made of oral 
        presentations made in proceedings for the promulgation 
        of such rule;
          [(D) any written submission of interested parties 
        respecting the promulgation of such rule; and
          [(E) any other information which the Administrator 
        considers to be relevant to such rule and which the 
        Administrator identified, on or before the date of the 
        promulgation of such rule, in a notice published in the 
        Federal Register.]
    (b) Additional Submissions and Presentations; 
Modifications.--If in an action under this section to review a 
rule or order the petitioner or the Administrator applies to 
the court for leave to make additional oral submissions or 
written presentations respecting such rule or order and shows 
to the satisfaction of the court that such submissions and 
presentations would be material and that there were reasonable 
grounds for the submissions and failure to make such 
submissions and presentations in the proceeding before the 
Administrator, the court may order the Administrator to provide 
additional opportunity to make such submissions and 
presentations. The Administrator may modify or set aside the 
rule or order being reviewed or make a new rule or order by 
reason of the additional submissions and presentations and 
shall file such modified or new rule or order with the return 
of such submissions and presentations. The court shall 
thereafter review such new or modified rule or order.
    (c) Standard of Review.--[(1)(A) Upon the filing of a 
petition under subsection (a)(1) for judicial review of a rule, 
the court shall have jurisdiction (i) to grant appropriate 
relief, including interim relief, as provided in chapter 7 of 
title 5, United States Code, and (ii) except as otherwise 
provided in subparagraph (B), to review such rule in accordance 
with chapter 7 of title 5, United States Code.
    [(B) Section 706 of title 5, United States Code, shall 
apply to review of a rule under this section, except that--
          [(i) in the case of review of a rule under section 
        4(a), 5(b)(4), 6(a), or 6(e), the standard for review 
        prescribed by paragraph (2)(E) of such section 706 
        shall not apply and the court shall hold unlawful and 
        set aside such rule if the court finds that the rule is 
        not supported by substantial evidence in the rulemaking 
        record (as defined in subsection (a)(3)) taken as a 
        whole;
          [(ii) in the case of review of a rule under section 
        6(a), the court shall hold unlawful and set aside such 
        rule if it finds that--
                  [(I) a determination by the Administrator 
                under section 6(c)(3) that the petitioner 
                seeking review of such rule is not entitled to 
                conduct (or have conducted) cross-examination 
                or to present rebuttal submissions, or
                  [(II) a rule of, or ruling by, the 
                Administrator under section 6(c)(3) limiting 
                such petitioner's cross-examination or oral 
                presentations,
        has precluded disclosure of disputed material facts 
        which was necessary to a fair determination by the 
        Administrator of the rulemaking proceeding taken as a 
        whole; and section 706(2)(D) shall not apply with 
        respect to a determination, rule, or ruling referred to 
        in subclause (I) or (II); and
          [(iii) the court may not review the contents and 
        adequacy of--
                  [(I) any statement required to be made 
                pursuant to section 6(c)(1), or
                  [(II) 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 a review of the rulemaking record 
        taken as a whole.
The term ``evidence'' as used in clause (i) means any matter in 
the rulemaking record.
    [(C) A determination, rule, or ruling of the Administrator 
described in subparagraph (B)(ii) may be reviewed only in an 
action under this section and only in accordance with such 
subparagraph.]
          (1) In general.--Upon the filing of a petition under 
        subsection (a)(1) for judicial review of a rule or 
        order, the court shall have jurisdiction--
                  (A) to grant appropriate relief, including 
                interim relief, as provided in chapter 7 of 
                title 5, United States Code; and
                  (B) to review the rule or order in accordance 
                with that chapter.
          (2) The judgment of the court affirming or setting 
        aside, in whole or in part, any rule reviewed in 
        accordance with this section shall be final, subject to 
        review by the Supreme Court of the United States upon 
        certiorari or certification, as provided in section 
        1254 of title 28, United States Code.
    (d) Fees and Costs.--The decision of the court in an action 
commenced under subsection (a), or of the Supreme Court of the 
United States on review of such a decision, may include an 
award of costs of suit and reasonable fees for attorneys and 
expert witnesses if the court determines that such an award is 
appropriate.
    (e) Other Remedies.--The remedies as provided in this 
section shall be in addition to and not in lieu of any other 
remedies provided by law.

SEC. 20. CITIZENS' CIVIL ACTIONS.

    (a) In General.--Except as provided in subsection (b), any 
person may commence a civil action--
          (1) against any person (including (A) the United 
        States, and (B) any other governmental instrumentality 
        or agency to the extent permitted by the eleventh 
        amendment to the Constitution) who is alleged to be in 
        violation of this Act or any rule promulgated [under 
        section 4, 5, or 6, or title II or IV, or order issued 
        under section 5 or title II or IV to restrain such 
        violation,]  or order issued under this Act;
          (2) against the Administrator to compel the 
        Administrator to perform any act or duty under this Act 
        which is not discretionary.
Any civil action under paragraph (1) shall be brought in the 
United States district court for the district in which the 
alleged violation occurred or in which the defendant resides or 
in which the defendant's principal place of business is 
located. Any action brought under paragraph (2) shall be 
brought in the United States District Court for the District of 
Columbia, or the United States district court for the judicial 
district in which the plaintiff is domiciled. The district 
courts of the United States shall have jurisdiction over suits 
brought under this section, without regard to the amount in 
controversy or the citizenship of the parties , to enforce this 
Act or any rule promulgated or order issued under this Act, or 
to order the Administrator to perform an act or duty described 
in this Act, as the case may be. In any civil action under this 
subsection process may be served on a defendant in any judicial 
district in which the defendant resides or may be found and 
subpoenas for witnesses may be served in any judicial district.
    (b) Limitation.--No civil action may be commenced--
          (1) under subsection (a)(1) [to restrain] respecting 
        a violation of this Act or rule or order under this 
        Act--
                  (A) before the expiration of 60 days after 
                the plaintiff has given notice of such 
                violation (i) to the Administrator, and (ii) to 
                the person who is alleged to have committed 
                such violation, or
                  (B) if the Administrator has commenced and is 
                diligently prosecuting a proceeding for the 
                issuance of an order under section 16(a)(2) to 
                require compliance with this Act or with such 
                rule or order or if the Attorney General has 
                commenced and is diligently prosecuting a civil 
                action in a court of the United States to 
                require compliance with this Act or with such 
                rule or order, but if such proceeding or civil 
                action is commenced after the giving of notice, 
                any person giving such notice may intervene as 
                a matter of right in such proceeding or action; 
                or
          (2) under subsection (a)(2) before the expiration of 
        60 days after the plaintiff has given notice to the 
        Administrator of the alleged failure of the 
        Administrator to perform an act or duty which is the 
        basis for such action or, in the case of an action 
        under such subsection for the failure of the 
        Administrator to file an action under section 7, before 
        the expiration of ten days after such notification.
Notice under this subsection shall be given in such manner as 
the Administrator shall prescribe by rule.
    (c) General.--(1) In any action under this section, the 
Administrator, if not a party, may intervene as a matter of 
right.
    (2) The court, in issuing any final order in any action 
brought pursuant to subsection (a), may award costs of suit and 
reasonable fees for attorneys and expert witnesses if the court 
determines that such an award is appropriate. Any court, in 
issuing its decision in an action brought to review such an 
order, may award costs of suit and reasonable fees for 
attorneys if the court determines that such an award is 
appropriate.
    (3) Nothing in this section shall restrict any right which 
any person (or class of persons) may have under any statute or 
common law to seek enforcement of this Act or any rule or order 
under this Act or to seek any other relief.
    (d) Consolidation.--When two or more civil actions brought 
under subsection (a) involving the same defendant and the same 
issues or violations are pending in two or more judicial 
districts, such pending actions, upon application of such 
defendants to such actions which is made to a court in which 
any such action is brought, may, if such court in its 
discretion so decides, be consolidated for trial by order 
(issued after giving all parties reasonable notice and 
opportunity to be heard) of such court and tried in--
          (1) any district which is selected by such defendant 
        and in which one of such actions is pending,
          (2) a district which is agreed upon by stipulation 
        between all the parties to such actions and in which 
        one of such actions is pending, or
          (3) a district which is selected by the court and in 
        which one of such actions is pending.
The court issuing such an order shall give prompt notification 
of the order to the other courts in which the civil actions 
consolidated under the order are pending.

SEC. 21. CITIZENS' PETITIONS.

    (a) In General.--Any person may petition the Administrator 
to initiate a proceeding for the issuance, amendment, or repeal 
of a rule [under section 4, 6, or 8 or an order under section 
5(e) or (6)(b)(2)] , order, or any other action authorized 
under this Act.
    (b) Procedures.--(1) Such petition shall be filed in the 
principal office of the Administrator and shall set forth the 
facts which it is claimed establish that it is necessary to 
issue, amend, or repeal a rule [under section 4, 6, or 8 or an 
order under section 5(e), 6(b)(1)(A), or 6(b)(1)(B)] or order 
or to initiate other action authorized under this Act.
    (2) The Administrator may hold a public hearing or may 
conduct such investigation or proceeding as the Administrator 
deems appropriate in order to determine whether or not such 
petition should be granted.
    (3) Within 90 days after filing of a petition described in 
paragraph (1), the Administrator shall either grant or deny the 
petition. If the Administrator grants such petition, the 
Administrator shall promptly commence an appropriate proceeding 
in accordance with [section 4, 5, 6, or 8] the applicable 
provisions of this Act. If the Administrator denies such 
petition, the Administrator shall publish in the Federal 
Register the Administrator's reasons for such denial.
    (4)(A) If the Administrator denies a petition filed under 
this section (or if the Administrator fails to grant or deny 
such petition within the 90-day period) the petitioner may 
commence a civil action in a district court of the United 
States to compel the Administrator to initiate [a rulemaking 
proceeding] proceedings authorized under this Act as requested 
in the petition. Any such action shall be filed within 60 days 
after the Administrator's denial of the petition or, if the 
Administrator fails to grant or deny the petition within 90 
days after filing the petition, within 60 days after the 
expiration of the 90-day period.
    (B) In an action under subparagraph (A) respecting a 
petition to initiate [a proceeding to issue a rule under 
section 4, 6, or 8 or an order under section 5(e) or 6(b)(2)] 
proceedings authorized under this Act, the petitioner shall be 
provided an opportunity to have such petition considered by the 
court in a de novo proceeding. Notwithstanding the preceding 
sentence, in the case of a petition to delist a chemical 
substance under section 6(a), the delisting may not proceed 
except as authorized under that subsection. If the petitioner 
demonstrates to the satisfaction of the court by a 
preponderance of the evidence that--
          (i) [in the case of a petition to initiate a 
        proceeding for the issuance of a rule under section 4 
        or an order under section 5(e)] except as provided in 
        clause (ii), in the case of a petition to initiate a 
        proceeding for the issuance of a rule or an order under 
        this Act--
                  (I) information available to the 
                Administrator is insufficient to permit a 
                reasoned evaluation of the health and 
                environmental effects of the chemical substance 
                to be subject to such rule or order; and
                  (II) in the absence of such information, the 
                substance may present [an unreasonable risk to] 
                substantial endangerment health or the 
                environment, or the substance is or will be 
                produced in substantial quantities and it 
                enters or may reasonably be anticipated to 
                enter the environment in substantial quantities 
                or there is or may be significant or 
                substantial human exposure to it; or
          (ii) in the case of a petition to initiate a 
        proceeding for the [issuance of a rule under section 6 
        or 8 or an order under section 6(b)(2)] imposition or 
        issuance of a restriction, use condition, or order 
        under this chapter, there is a reasonable basis to 
        conclude that the issuance of such a rule or order is 
        necessary to protect health or the environment against 
        [an unreasonable risk of injury] a substantial 
        endangerment to health or the environment;\1\
---------------------------------------------------------------------------
    \1\In Public Law 94-469, a period appears after ``environment''. 
The semicolon is shown in this print to reflect the probable intent of 
Congress.
---------------------------------------------------------------------------
the court shall order the Administrator to initiate the action 
requested by the petitioner. If the court finds that 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 there are insufficient resources 
available to the Administrator to take the action requested by 
the petitioner, the court may permit the Administrator to defer 
initiating the action requested by the petitioner until such 
time as the court prescribes[.] ;
    (C) The court in issuing any final order in any action 
brought pursuant to subparagraph (A) may award costs of suit 
and reasonable fees for attorneys and expert witnesses if the 
court determines that such an award is appropriate. Any court, 
in issuing its decision in an action brought to review such an 
order, may award costs of suit and reasonable fees for 
attorneys if the court determines that such an award is 
appropriate.
    (5) The remedies under this section shall be in addition 
to, and not in lieu of, other remedies provided by law.
          * * * * * * *

SEC. 24. EMPLOYMENT EFFECTS.

    (a) In General.--The Administrator shall evaluate on a 
[continuing] periodic basis the potential effects on employment 
(including reductions in employment or loss of employment from 
threatened [plant closures) of--
          (1) the issuance of a rule or order under section 4, 
        5, or 6, or
          (2) a requirement of section 5 or 6.] plant closures) 
        of the implementation of this Act.
    (b)(1) Investigations.--Any employee (or any representative 
of an employee) may request the Administrator to make an 
investigation of--
          (A) a discharge or layoff or threatened discharge or 
        layoff of the employee, or
          (B) adverse or threatened adverse effects on the 
        employee's employment,
allegedly resulting from a rule or order under [section 4, 5, 
or 6 or a requirement of section 5 or 6] this Act. Any such 
request shall be made in writing, shall set forth with 
reasonable particularity the grounds for the request, and shall 
be signed by the employee, or representative of such employee, 
making the request.
    (2)(A) Upon receipt of a request made in accordance with 
paragraph (1) the Administrator shall (i) conduct the 
investigation requested, and (ii) if requested by any 
interested person, hold public hearings on any matter involved 
in the investigation unless the Administrator, [by order 
issued] in writing, within 45 days of the date such hearings 
are requested, denies the request for the hearings because the 
Administrator determines there are no reasonable grounds for 
holding such hearings. If the Administrator makes such a 
determination, the Administrator shall notify in writing the 
person requesting the hearing of the determination and the 
reasons therefor and shall publish the determination and the 
reasons therefor in the Federal Register.
    (B) If public hearings are to be held on any matter 
involved in an investigation conducted under this subsection--
          (i) at least five days' notice shall be provided the 
        person making the request for the investigation and any 
        person identified in such request[,] ;and
          [(ii) such hearings shall be held in accordance with 
        section 6(c)(3), and]
          [(iii)] (ii) each employee who made or for whom was 
        made a request for such hearings and the employer of 
        such employee shall be required to present information 
        respecting the applicable matter referred to in 
        paragraph (1)(A) or (1)(B) together with the basis for 
        such information.
    (3) Upon completion of an investigation under paragraph 
(2), the Administrator shall make findings of fact, shall make 
such recommendations as the Administrator deems appropriate, 
and shall make available to the public such findings and 
recommendations.
    [(4) This section shall not be construed to require the 
Administrator to amend or repeal any rule or order in effect 
under this Act.]
  (c) Effect.--Nothing in this section--
          (1) requires the Administrator to amend or repeal any 
        rule or order in effect under this Act; or
          (2) conditions the authority of the Administrator to 
        issue orders or promulgate rules under this Act.

SEC. 26. ADMINISTRATION OF THE ACT.

    (a) Cooperation of Federal Agencies.--Upon request by the 
Administrator, each Federal department and agency is 
authorized--
          (1) to make its services, personnel, and facilities 
        available (with or without reimbursement) to the 
        Administrator to assist the Administrator in the 
        administration of this Act; and
          (2) to furnish to the Administrator such information, 
        data, estimates, and statistics, and to allow the 
        Administrator access to all information in its 
        possession as the Administrator may reasonably 
        determine to be necessary for the administration of 
        this Act.
    [(b) Fees.--(1) The Administrator may, by rule, require the 
payment of a reasonable fee from any person required to submit 
data under section 4 or 5 to defray the cost of administering 
this Act. Such rules shall not provide for any fee in excess of 
$2,500 or, in the case of a small business concern, any fee in 
excess of $100. In setting a fee under this paragraph, the 
Administrator shall take into account the ability to pay of the 
person required to submit the data and the cost to the 
Administrator of reviewing such data. Such rules may provide 
for sharing such a fee in any case in which the expenses of 
testing are shared under section 4 or 5.
    [(2) The Administrator, after consultation with the 
Administrator of the Small Business Administration, shall by 
rule prescribe standards for determining the persons which 
qualify as small business concerns for purposes of paragraph 
(1).]
  (b) Fees.--
          (1) In general.--The Administrator may, by rule, 
        require the payment of a reasonable fee from any person 
        required to submit data to defray the cost of 
        administering this Act.
          (2) Considerations.--In setting a fee under this 
        subsection, the Administrator shall take into account--
                  (A) the ability to pay of the person required 
                to submit the data; and
                  (B) the cost to the Administrator of 
                reviewing the data.
          (3) Fee sharing.--Rules described in paragraph (1) 
        may provide for sharing a fee in any case in which the 
        expenses of testing are shared under this Act.
    (c) Action With Respect to Categories and Mixtures.--(1) 
Any action authorized or required to be taken by the 
Administrator under any provision of this Act with respect to a 
chemical substance or mixture may be taken by the Administrator 
in accordance with that provision with respect to a category of 
chemical substances or mixtures. Whenever the Administrator 
takes action under a provision of this Act with respect to a 
category of chemical substances or mixtures, any reference in 
this Act to a chemical substance or mixture (insofar as it 
relates to such action) shall be deemed to be a reference to 
each chemical substance or mixture in such category.
    (2) For purposes of paragraph (1):
          (A) The term ``category of chemical substances'' 
        means a group of chemical substances the members of 
        which are similar in molecular structure, in physical, 
        chemical, or biological properties, in use, or in mode 
        of entrance into the human body or into the 
        environment, or the members of which are in some other 
        way suitable for classification as such for purposes of 
        this Act, except that such term does not mean a group 
        of chemical substances which are grouped together 
        solely on the basis of their being new chemical 
        substances.
          (B) The term ``category of mixtures'' means a group 
        of mixtures the members of which are similar in 
        molecular structure, in physical, chemical, or 
        biological 1properties, in use, or in the mode of 
        entrance into the human body or into the environment, 
        or the members of which are in some other way suitable 
        for classification as such for purposes of this Act.
          (3) Mixtures.--Any action authorized or required to 
        be taken by the Administrator or any other person under 
        any provision of this Act with respect to a chemical 
        substance is likewise also authorized or required with 
        respect to a mixture, if the Administrator determines 
        that such extension is reasonable and efficient.
    (d) Assistance Office.--The Administrator shall establish 
in the Environmental Protection Agency an identifiable office 
to provide technical and other nonfinancial assistance to 
manufacturers and processors of chemical substances and 
mixtures respecting the requirements of this Act applicable to 
such manufacturers and processors, the policy of the Agency 
respecting the application of such requirements to such 
manufacturers and processors, and the means and methods by 
which such manufacturers and processors may comply with such 
requirements.
    (e) Financial Disclosures.--(1) Except as provided under 
paragraph (3), each officer or employee of the Environmental 
Protection Agency and the Department of Health, Education, and 
Welfare who--
          (A) performs any function or duty under this Act, and
          (B) has any known financial interest (i) in any 
        person subject to this Act or any rule or order in 
        effect under this Act, or (ii) in any person who 
        applies for or receives any grant or contract under 
        this Act,
shall, on February 1, 1978, and on February 1 of each year 
thereafter, file with the Administrator or the Secretary of 
Health, Education, and Welfare (hereinafter in this subsection 
referred to as the ``Secretary''), as appropriate, a written 
statement concerning all such interests held by such officer or 
employee during the preceding calendar year. Such statement 
shall be made available to the public.
    (2) The Administrator and the Secretary shall--
          (A) act within 90 days of the effective date of this 
        Act--
                  (i) to define the term ``known financial 
                interests'' for purposes of paragraph (1), and
                  (ii) to establish the methods by which the 
                requirement to file written statements 
                specified in paragraph (1) will be monitored 
                and enforced, including appropriate provisions 
                for review by the Administrator and the 
                Secretary of such statements; and
          (B) report to the Congress on June 1, 1978, and on 
        June 1 of each year thereafter with respect to such 
        statements and the actions taken in regard thereto 
        during the preceding calendar year.
    (3) The Administrator may by rule identify specific 
positions with the Environmental Protection Agency, and the 
Secretary may by rule identify specific positions with the 
Department of Health, Education, and Welfare, which are of a 
nonregulatory or nonpolicy-making nature, and the Administrator 
and the Secretary may by rule provide that officers or 
employees occupying such positions shall be exempt from the 
requirements of paragraph (1).
    (4) This subsection does not supersede any requirement of 
chapter 11 of title 18, United States Code.
    (5) Any officer or employee who is subject to, and 
knowingly violates, this subsection or any rule issued 
thereunder, shall be fined not more than $2,500 or imprisoned 
not more than one year, or both.
    (f) Statement of Basis and Purpose.--Any final order issued 
under this Act shall be accompanied by a statement of its basis 
and purpose. The contents and adequacy of any such statement 
shall not be subject to judicial review in any respect.
    (g) Assistant Administrator.--(1) The President, by and 
with the advice and consent of the Senate, shall appoint an 
Assistant Administrator for Toxic Substances of the 
Environmental Protection Agency. Such Assistant Administrator 
shall be a qualified individual who is, by reason of background 
and experience, especially qualified to direct a program 
concerning the effects of chemicals on human health and the 
environment. Such Assistant Administrator shall be responsible 
for (A) the collection of data, (B) the preparation of studies, 
(C) the making of recommendations to the Administrator for 
regulatory and other actions to carry out the purposes and to 
facilitate the administration of this Act, and (D) such other 
functions as the Administrator may assign or delegate.
    (2) The Assistant Administrator to be appointed under 
paragraph (1) shall be in addition to the Assistant 
Administrators of the Environmental Protection Agency 
authorized by section 1(d) of Reorganization Plan No. 3 of 
1970.
  (h) Rulemaking or Orders.--In carrying out this Act, the 
Administrator may issue such orders and prescribe such 
regulations as are necessary to carry out this Act.

           *       *       *       *       *       *       *


SEC. 28. STATE PROGRAMS.

    (a) In General.--For the purpose of complementing (but not 
reducing) the authority of, or actions taken by, the 
Administrator under this Act, the Administrator may make grants 
to States for the establishment and operation of programs to 
prevent or eliminate [unreasonable] risks within the States to 
health or the environment which are associated with a chemical 
substance or mixture and with respect to which the 
Administrator [is unable or is not likely to take] has not 
taken action under this Act for their prevention or 
elimination. The amount of a grant under this subsection shall 
be determined by the Administrator, except that no grant for 
any State program may exceed 75 per centum of the establishment 
and operation costs (as determined by the Administrator) of 
such program during the period for which the grant is made.
  (b) Coordination.--The Administrator shall establish a 
process to coordinate with States, on an on-going basis, to 
share data and priorities relating to the management of 
chemical substances under this title and under programs 
operated by States, in accordance with section 14.
    [(b)] (c) Approval by Administrator.--(1) No grant may be 
made under subsection (a) unless an application therefor is 
submitted to and approved by the Administrator. Such an 
application shall be submitted in such form and manner as the 
Administrator may require and shall--
          (A) set forth the need of the applicant for a grant 
        under subsection (a),
          (B) identify the agency or agencies of the State 
        which shall establish or operate, or both, the program 
        for which the application is submitted,
          (C) describe the actions proposed to be taken under 
        such program,
          (D) contain or be supported by assurances 
        satisfactory to the Administrator that such program 
        shall, to the extent feasible, be integrated with other 
        programs of the applicant for environmental and public 
        health protection,
          (E) provide for the making of such reports and 
        evaluations as the Administrator may require, and
          (F) contain such other information as the 
        Administrator may prescribe.
    (2) The Administrator may approve an application submitted 
in accordance with paragraph (1) only if the applicant has 
established to the satisfaction of the Administrator a priority 
need, as determined under rules of the Administrator, for the 
grant for which the application has been submitted. Such rules 
shall take into consideration the seriousness of the health 
effects in a State which are associated with chemical 
substances or mixtures, [including cancer, birth defects, and 
gene mutations,] the extent of the exposure in a state of human 
beings and the environment to chemical substances and mixtures, 
and the extent to which chemical substances and mixtures are 
manufactured, processed, used, and disposed of in a State.
    [(c)] (d) Annual Reports.--Not later than six months after 
the end of each of the fiscal years 1979, 1980, and 1981, the 
Administrator shall submit to the Congress a report respecting 
the programs assisted by grants under subsection (a) in the 
preceding fiscal year and the extent to which the Administrator 
has disseminated information respecting such programs.
    [(d)] (e) Authorization.--For the purpose of making grants 
under subsection (a), there are authorized to be appropriated 
$1,500,000 for each of the fiscal years 1982 and 1983. Sums 
appropriated under this subsection shall remain available until 
expended.

SEC. 29. CHILDREN'S ENVIRONMENTAL HEALTH RESEARCH PROGRAM.

  (a) Children's Environmental Health Research Program.--
          (1) Establishment.--Not later than 90 days after the 
        date of enactment of the Safe Chemicals Act of 2011, 
        the Administrator shall establish within the 
        Environmental Protection Agency a program to be known 
        as the `Children's Environmental Health Research 
        Program' (referred to in this subsection as the 
        `Program').
          (2) Purpose.--Subject to amounts made available in 
        advance in appropriations Acts, the Administrator may 
        enter into contracts and make grants under the Program 
        to further understanding of the vulnerability of 
        children to chemical substances and mixtures.
          (3) Consultation.--Contracts and grants under this 
        section shall be provided in consultation with the 
        Interagency Science Advisory Board on Children's Health 
        Research established under subsection (b)(1).
  (b) Interagency Science Advisory Board on Children's Health 
Research.--
          (1) Establishment.--Not later than 90 days after the 
        date of enactment of the Safe Chemicals Act of 2011, 
        the Administrator shall establish an advisory board to 
        be known as the `Interagency Science Advisory Board on 
        Children's Health Research' (referred to in this 
        subsection as the `Board').
          (2) Purpose.--The purpose of the Board shall be to 
        provide independent advice, expert consultation, and 
        peer review, on request of the Administrator or 
        Congress, with respect to the scientific and technical 
        aspects of issues relating to the implementation of 
        this title with respect to research on protecting 
        children's health.
          (3) Composition.--The Administrator shall--
                  (A) appoint the members of the Board, 
                including, at a minimum, representatives of--
                          (i) the National Institute of 
                        Environmental Health Sciences;
                          (ii) the Centers for Disease Control 
                        and Prevention;
                          (iii) the National Toxicology 
                        Program;
                          (iv) the National Cancer Institute;
                          (v) the National EPA-Tribal Science 
                        Council; and
                          (vi) not fewer than 3 centers of 
                        children's health at leading 
                        institutions of higher education;
                  (B) ensure that at least \1/3\ of the members 
                of the Board have specific scientific expertise 
                in the relationship of chemical exposures to 
                prenatal, infant, and children's health; and
                  (C) ensure that no individual appointed to 
                serve on the Board has a conflict of interest 
                that is relevant to the functions performed by 
                the Board, unless--
                          (i) the individual promptly and 
                        publicly discloses the conflict; and
                          (ii) the Administrator determines 
                        that the conflict is unavoidable.
          (4) Applicable law.--The Board shall be subject to 
        subchapter II of chapter 5, and chapter 7, of title 5, 
        United States Code (commonly known as the 
        `Administrative Procedure Act').
  (c) Prenatal and Infant Exposures.--
          (1) Monitoring.--If, through studies performed under 
        subsection (a) or section 4 or in any other available 
        research, the Administrator identifies a chemical 
        substance that may be present in human biological media 
        that may have adverse effects on early childhood 
        development, the Administrator shall coordinate with 
        the Secretary of Health and Human Services to conduct, 
        not later than 2 years after the date on which the 
        Administrator identifies the chemical substance, a 
        biomonitoring study to determine the presence of the 
        chemical substance in human biological media in, at a 
        minimum, pregnant women and infants.
          (2) Publication.--On completion of any study 
        conducted under paragraph (1), the Secretary of Health 
        and Human Services shall--
                  (A) notify the Administrator of the results 
                of the study; and
                  (B) publish the results of the study in a 
                publicly available electronic format.
          (3) Positive results.--
                  (A) Manufacture disclosure.--If a chemical 
                substance or mixture is determined to be 
                present in a study conducted under paragraph 
                (1), the manufacturers and processors of the 
                chemical substance or mixture shall, not later 
                than 180 days after the date of publication of 
                the study, disclose to the Administrator, 
                commercial customers of the manufacturers and 
                processors, consumers, and the public--
                          (i) all known uses of the chemical 
                        substance or mixture; and
                          (ii) all articles in which the 
                        chemical substance or mixture is, or is 
                        expected to be, present.
                  (B) Cost and form of disclosure.--Information 
                under clauses (i) and (ii) of subparagraph (A) 
                shall be--
                          (i) made available by the 
                        Administrator in electronic format; and
                          (ii) made readily accessible and free 
                        of charge by each applicable 
                        manufacturer and processor in 
                        electronic format to the commercial 
                        customers of such manufacturer or 
                        processor, consumers, and the public.

SEC. 30. REDUCTION OF ANIMAL-BASED TESTING.

  (a) Administration.--The Administrator shall take action to 
minimize the use of animals in testing of chemical substances 
or mixtures, including--
          (1) encouraging and facilitating, to the maximum 
        extent practicable--
                  (A) the use of existing data of sufficient 
                scientific quality;
                  (B) the use of test methods that eliminate or 
                reduce the use of animals while providing data 
                of high scientific quality;
                  (C) the grouping of 2 or more chemical 
                substances into scientifically appropriate 
                categories in cases in which testing of 1 
                chemical substance would provide reliable and 
                useful data on others in the category;
                  (D) the formation of industry consortia to 
                jointly conduct testing to avoid unnecessary 
                duplication of tests; and
                  (E) the parallel submission of data from 
                animal-based studies and from emerging methods 
                and models; and
          (2) funding research and validation studies to 
        reduce, refine, and replace the use of animal tests in 
        accordance with this subsection.
  (b) Interagency Science Advisory Board on Alternative Testing 
Methods.--
          (1) Establishment.--Not later than 90 days after the 
        date of enactment of the Safe Chemicals Act of 2011, 
        the Administrator shall establish an advisory board to 
        be known as the `Interagency Science Advisory Board on 
        Alternative Testing Methods' (referred to in this 
        subsection and subsection (c) as the `Board').
          (2) Composition.--The Administrator shall--
                  (A) appoint the members of the Board, 
                including, at a minimum, representatives of--
                          (i) the National Institute of 
                        Environmental Health Sciences;
                          (ii) the Centers for Disease Control 
                        and Prevention;
                          (iii) the National Toxicology 
                        Program;
                          (iv) the National Cancer Institute; 
                        and
                          (v) the National EPA-Tribal Science 
                        Council; and
                  (B) ensure that no individual appointed to 
                serve on the Board has a conflict of interest 
                that is relevant to the functions to be 
                performed, unless--
                          (i) the individual promptly and 
                        publicly discloses the conflict; and
                          (ii) the Administrator determines 
                        that the conflict is unavoidable.
          (3) Purpose.--The purpose of the Board shall be to 
        provide independent advice and peer review to Congress 
        and the Administrator on the scientific and technical 
        aspects of issues relating to the implementation of 
        this title with respect to minimizing the use of 
        animals in testing chemical substances or mixtures.
          (4) Applicable law.--The Board shall be subject to 
        subchapter II of chapter 5, and chapter 7, of title 5, 
        United States Code (commonly known as the 
        `Administrative Procedure Act').
          (5) Report.--Not later than 1 year after the date of 
        enactment of the Safe Chemicals Act of 2011, and every 
        3 years thereafter, the Administrator, in consultation 
        with the Board, shall publish in the Federal Register a 
        list of testing methods that reduce the use of animals 
        in testing under section 4.
  (c) Implementation of Alternative Testing Methods.--To 
promote the development and timely incorporation of new testing 
methods that are not animal-based, the Administrator shall--
          (1) in consultation with the Board, and after 
        providing an opportunity for public comment, develop a 
        strategic plan to promote the development and 
        implementation of alternative test methods and testing 
        strategies to generate information used for safety 
        standard determinations under section 6(b) that do not 
        use animals, including toxicity pathway-based risk 
        assessment, in vitro studies, systems biology, 
        computational toxicology, bioinformatics, and high-
        throughput screening;
          (2) beginning on the date that is 2 years after the 
        date of enactment of the Safe Chemicals Act of 2011 and 
        every 2 years thereafter, submit to Congress a report 
        that describes the progress made in implementing this 
        section; and
          (3) fund and carry out research, development, 
        performance assessment, and translational studies to 
        accelerate the development of test methods and testing 
        strategies that are not animal-based for use in safety 
        standard determinations under section 6(b).
  (d) Criteria for Adapting or Waiving Animal Testing 
Requirements.--On request from a manufacturer or processor that 
is required to conduct animal-based testing of a chemical 
substance or mixture under this title, the Administrator may 
adapt or waive the animal testing requirement if the 
Administrator determines that--
          (1) there is a sufficient weight of 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, in any case in 
        which the information from each individual source alone 
        is regarded as insufficient to support the conclusion;
          (2) because of 1 or more physical or chemical 
        properties of the chemical substance or mixture, 
        testing for a specific endpoint is technically not 
        practicable to conduct; or
          (3) a chemical substance or mixture cannot be tested 
        in 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 potential to cause severe corrosion or 
        severe irritation to tissues.

SEC. 31. SAFER ALTERNATIVES AND GREEN CHEMISTRY AND ENGINEERING.

  (a) Safer Alternatives Program.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Safe Chemicals Act of 2011, the 
        Administrator shall establish a program to create 
        market incentives for the development of safer 
        alternatives to existing chemical substances that 
        reduce or avoid the use and generation of hazardous 
        substances.
          (2) Requirements.--The program established under 
        paragraph (1) shall include--
                  (A) expedited review of new chemical 
                substances for which the manufacturer or 
                processor submits an alternatives analysis 
                indicating that the new chemical substance is 
                the safer alternative for a particular use than 
                existing chemical substances used for the same 
                purpose;
                  (B) recognition for a chemical substance or 
                product determined by the Administrator to be a 
                safer alternative for a particular use by means 
                of a special designation intended for use in 
                marketing the safer alternative, and periodic 
                public awards or rewards; and
                  (C) such other incentives, as the 
                Administrator considers to be appropriate to 
                encourage the development, marketing, and use 
                of chemical substances or products determined 
                by the Administrator to be safer alternatives 
                for the particular uses, such as job training 
                and worker assistance.
  (b) Green Chemistry Research Network.--The Administrator 
shall establish a network of not less than 4 green chemistry 
and engineering centers, located in various regions of the 
United States, to support the development and adoption of safer 
alternatives to chemical substances, particularly chemical 
substances listed under section 6(a).
  (c) Green Chemistry and Engineering Research Grants.--The 
Administrator shall make grants to promote and support the 
research, development, and adoption of safer alternatives to 
hazardous substances.
  (d) Green Chemistry Workforce Education and Training 
Program.--
          (1) In general.--The Administrator shall establish a 
        program to facilitate the development of a workforce, 
        including industrial and scientific workers, that 
        produces safer alternatives to existing chemical 
        substances.
          (2) Goals.--The goals of the program established 
        under paragraph (1) are to provide workforce training 
        on skills that would--
                  (A) facilitate the expansion of green 
                chemistry;
                  (B) develop scientific and technical 
                leadership in green chemistry;
                  (C) facilitate the successful and safe 
                integration of green chemistry into 
                infrastructure projects;
                  (D) inform and engage communities about green 
                chemistry; and
                  (E) promote innovation and strong public 
                health and environmental protections.
          (3) Implementation.--The Administrator shall 
        implement the program to achieve the goals of this Act, 
        including by--
                  (A) helping to develop a broad range of 
                skills relevant to the production and use of 
                the safer alternatives, including the design, 
                manufacturing, use, and disposal of the 
                alternatives;
                  (B) offering to develop partnerships with 
                educational institutions, training 
                organizations, private sector companies, and 
                community organizations; and
                  (C) providing grants to States, units of 
                local government, and the partnerships 
                developed under subparagraph (B) to promote and 
                support activities consistent with achieving 
                the goals of the program established under this 
                subsection.

SEC. 32. COOPERATION WITH INTERNATIONAL EFFORTS.

  In cooperation with the Secretary of State and the head of 
any other appropriate Federal agency (as determined by the 
Administrator), the Administrator shall cooperate with 
international efforts as appropriate--
          (1) to develop a common protocol or electronic 
        database relating to chemical substances; or
          (2) to develop safer alternatives for chemical 
        substances.

SEC. 33. RELIABLE INFORMATION AND ADVICE.

  Not later than 18 months after the date of enactment of the 
Safe Chemicals Act of 2011, the Administrator shall, by order, 
establish and implement procedures to ensure data reliability 
including, at a minimum, requirements that the Administrator--
          (1) not less than annually randomly inspect 
        laboratories that develop the data required under this 
        title on the various properties and characteristics of 
        a chemical substance;
          (2) annually perform a comprehensive data audit on a 
        subset, as chosen by the Administrator, of the data 
        submissions under this title;
          (3) establish and maintain a registry of all health- 
        and safety-related studies initiated in response to 
        requirements under this title;
          (4) have access to all records of health- and safety-
        related studies initiated in response to requirements 
        under this title; and
          (5) require the submitter of any research study 
        conducted by a third party in response to requirements 
        under this title to disclose to the Administrator and 
        the public, at the time of submission, the sources of 
        any funding used for the conduct or publication of the 
        study received by the researchers who conducted the 
        study.

SEC. 34. HOT SPOTS.

  (a) Definitions.--In this section:
          (1) Disproportionate exposure.--The term 
        `disproportionate exposure' means residential 
        population exposure to 1 or more toxic chemical 
        substances or mixtures at levels that are significantly 
        greater than the average exposure in the United States, 
        as defined and identified by the Administrator in 
        accordance with the criteria established under 
        subsection (b).
          (2) Locality.--The term `locality' means any 
        geographical area (including a county, city, town, 
        neighborhood, census tract, zip code area, or other 
        commonly understood political or geographical 
        subdivision) in which the Administrator identifies 
        disproportionate exposure.
  (b) Criteria.--Not later than 180 days after the date of 
enactment of the Safe Chemicals Act of 2011, the Administrator 
shall promulgate a rule to establish criteria consistent with 
this section that--
          (1) defines disproportionate exposure; and
          (2) identifies any locality that is 
        disproportionately exposed.
  (c) Identification.--
          (1) In general.--Not later than 120 days after the 
        date on which the rule is promulgated under subsection 
        (b), the Administrator shall identify localities in the 
        United States that are subject to disproportionate 
        exposure.
          (2) Use of data.--In identifying localities under 
        paragraph (1), the Administrator--
                  (A) shall use data contained in the National 
                Air Toxic Assessment Database; and
                  (B) may use other data available to the 
                Administrator, including data developed under--
                          (i) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                          (ii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                          (iii) the Comprehensive Environmental 
                        Response, Compensation, and Liability 
                        Act of 1980 (42 U.S.C. 9601 et seq.); 
                        and
                          (iv) the Emergency Planning and 
                        Community Right-to-Know Act of 1986 (42 
                        U.S.C. 11001 et seq.).
          (3) Public participation.--The Administrator shall 
        provide an opportunity for members of the public to 
        nominate localities in which disproportionate exposure 
        may be found for inclusion in the identification of 
        localities under paragraph (1).
  (d) Locality List.--
          (1) In general.--Not later than 180 days after 
        completing the identification of localities under 
        subsection (c)(1), the Administrator, after notice and 
        consultation with applicable State, local, county 
        health, and environmental officials, State, local, and 
        county legislators, and other elected officials, 
        shall--
                  (A) publish a list of the localities subject 
                to disproportionate exposure identified under 
                that subsection in the Federal Register; and
                  (B) make the list published under 
                subparagraph (A) available electronically.
          (2) Updated list.--
                  (A) In general.--Subject to subparagraph (B), 
                not later than 5 years after the date on which 
                the list is published under paragraph (1)(A), 
                and at least once every 5 years thereafter, the 
                Administrator shall update and republish the 
                list.
                  (B) Discretionary updates.--The Administrator 
                may update and republish the list under 
                paragraph (1) more frequently than every 5 
                years--
                          (i) to add new localities that meet 
                        the criteria established under 
                        subsection (b); or
                          (ii) to remove localities, if the 
                        Administrator determines that the 
                        exposure reduction has been achieved 
                        and no further action is needed after 
                        actions are taken under subsection (f).
                  (C) Notification.--The Administrator shall 
                notify all applicable State, local, county 
                health, and environmental officials, State, 
                local, and county legislators, and other 
                elected officials of the updated listing.
  (e) No Judicial Review; Nondiscretionary Duty.--
          (1) No judicial review.--The following actions under 
        this section shall not be subject to judicial review:
                  (A) A decision to include on the list 
                published under subsection (d)(1) a locality 
                identified under subsection (c)(1).
                  (B) A decision in response to nominations 
                submitted under subsection (c)(3).
                  (C) A decision to list localities under 
                subsection (d)(1) or update the list under 
                subsection (d)(2).
          (2) Nondiscretionary duty.--Notwithstanding paragraph 
        (1), the failure of the Administrator to publish or 
        update the list of localities in accordance with this 
        section shall be--
                  (A) considered to be a failure to perform a 
                nondiscretionary duty; and
                  (B) subject to judicial review.
  (f) Action Plans.--
          (1) In general.--Not later than 1 year after the date 
        on which the list is published or updated under 
        subsection (d), the Administrator shall develop and 
        publish, for each locality identified on the list, an 
        action plan that includes--
                  (A) an identification of the chemical 
                substances and mixtures that contribute to the 
                disproportionate exposure (including exposure 
                levels, sources, and pathways); and
                  (B) a description of actions planned by the 
                Administrator to reduce disproportionate 
                exposure in the locality.
          (2) Goals.--The goal of each action plan under this 
        subsection shall be to reduce disproportionate exposure 
        in the locality by establishing--
                  (A) a percentage exposure reduction goal for 
                each chemical substance and mixture; and
                  (B) a timeline to achieve the percentage 
                exposure reduction goal.
  (g) Report to Congress.--The Administrator shall--
          (1) submit to Congress an annual report that 
        identifies--
                  (A) each locality added to the list in the 
                prior year under subsection (d);
                  (B) each action plan developed in the prior 
                year under subsection (f); and
                  (C) the progress on each action plan to date; 
                and
          (2) make the report available to the public in 
        electronic format.

SEC. 35. APPLICATION OF THIS ACT TO FEDERAL AGENCIES.

  (a) In General.--Except as provided in subsection (e), each 
Federal agency, and any officer, agent, or employee of a 
Federal agency, shall be subject to, and comply with, all 
applicable requirements of this Act described in subsection 
(b), both substantive and procedural, in the same manner, and 
to the same extent, as any person subject to the requirements.
  (b) Description of Requirements.--The substantive and 
procedural requirements referred to in this subsection 
include--
          (1) any administrative order;
          (2) any civil or administrative penalty or fine, 
        regardless of whether the penalty or fine is--
                  (A) punitive or coercive in nature; or
                  (B) imposed for isolated, intermittent, or 
                continuing violations;
          (3) any requirement for reporting;
          (4) any provision for injunctive relief and sanctions 
        that may be imposed by a court to enforce such relief; 
        and
          (5) payment of reasonable service charges.
  (c) Waiver of Immunity.--The United States expressly waives 
any immunity otherwise applicable to the United States with 
respect to any substantive or procedural requirement referred 
to under subsection (a).
  (d) Civil Penalties.--No agent, employee, or officer of the 
United States shall be personally liable for any civil penalty 
under this title with respect to any act or omission within the 
scope of the official duties of the agent, employee, or 
officer.
  (e) Criminal Sanctions.--An agent, employee, or officer of 
the United States shall be subject to any criminal sanction 
(including any fine or imprisonment) under this Act, but no 
department, agency, or instrumentality of the executive, 
legislative, or judicial branch of the Federal Government shall 
be subject to such sanction.
  (f) Exemption.--
          (1) In general.--If the President determines it is in 
        the paramount interest of the United States, the 
        President may grant an exemption for any Federal agency 
        from compliance with any requirement of this Act.
          (2) Lack of appropriation.--No exemption shall be 
        granted under paragraph (1) due to lack of 
        appropriation unless--
                  (A) the President has specifically requested 
                the appropriation as a part of the budgetary 
                process; and
                  (B) Congress has failed to make the requested 
                appropriation available.
          (3) Period of exemption.--Any exemption granted under 
        paragraph (1) shall be for a period of not more than 1 
        year, but additional exemptions may be granted for 
        periods not to exceed 1 year, if the President makes a 
        subsequent determination that the exemption is in the 
        paramount interest of the United States.
          (4) Report.--Each January after the date of enactment 
        of this section, the President shall submit to Congress 
        a report that describes--
                  (A) all exemptions granted under this 
                subsection during the preceding calendar year; 
                and
                  (B) the reason for granting each exemption.
  (g) Administrative Enforcement Actions.--
          (1) In general.--The Administrator may initiate an 
        administrative enforcement action against any Federal 
        agency--
                  (A) in accordance with the enforcement 
                authorities of this Act; and
                  (B) in the same manner and under the same 
                circumstances as an action would be initiated 
                against another person.
          (2) Settlement.--Any voluntary resolution or 
        settlement of an administrative enforcement action 
        initiated under this subsection shall be set forth in a 
        consent order.
          (3) Finality of administrative order.--No 
        administrative order issued to a Federal department, 
        agency, or instrumentality under this subsection shall 
        become final until the Federal department, agency, or 
        instrumentality has had the opportunity to confer with 
        the Administrator.

SEC. 36. IMPLEMENTATION OF STOCKHOLM CONVENTION, THE LRTAP POPS 
                    PROTOCOL, AND THE ROTTERDAM CONVENTION.

  (a) Definitions.--In this section:
          (1) Chemical.--The term `chemical' includes any 
        substance or mixture of substances, including a 
        substance that is part of an article.
          (2) LRTAP convention.--The term `LRTAP Convention' 
        means the Convention on Long-Range Transboundary Air 
        Pollution, done at Geneva on November 13, 1979 (TIAS 
        10541), and any subsequent amendments to which the 
        United States is a party.
          (3) LRTAP pops chemical.--The term `LRTAP POPs 
        chemical' means any chemical listed on any Annex of the 
        LRTAP POPs Protocol, if such listing has entered into 
        force for the United States.
          (4) LRTAP pops protocol.--The term `LRTAP POPs 
        Protocol' means the Protocol on Persistent Organic 
        Pollutants to the LRTAP Convention, done at Aarhus on 
        June 24, 1998, and any subsequent amendment to which 
        the United States is a party.
          (5) Meeting of the parties.--The term `meeting of the 
        parties' means--
                  (A) the Conference of the Parties established 
                by and operating under Article 19 of the 
                Stockholm Convention;
                  (B) the Executive Body established by and 
                operating under Article 10 of the LRTAP POPs 
                Convention; and
                  (C) the Conference of the Parties established 
                by and operating under Article 18 of the 
                Rotterdam Convention.
          (6) PIC chemical.--The term `PIC chemical' means any 
        chemical identified by notification to the Secretariat 
        of the Rotterdam Convention by the United States as 
        banned or severely restricted in the United States, and 
        any chemical listed on any Annex of the Rotterdam 
        Convention, if such listing has entered into force for 
        the United States.
          (7) Pops chemical.--The term `POPs chemical' means 
        any chemical that is listed on any Annex of the 
        Stockholm Convention, if such listing has entered into 
        force for the United States.
          (8) Rotterdam convention.--The term `Rotterdam 
        Convention' means the Rotterdam Convention on the Prior 
        Informed Consent Procedure for Certain Hazardous 
        Chemicals and Pesticides in International Trade, done 
        at Rotterdam on September 10, 1998, and any subsequent 
        amendment to which the United States is a party.
          (9) Stockholm convention.--The term `Stockholm 
        Convention' means the Stockholm Convention on 
        Persistent Organic Pollutants, done at Stockholm on May 
        22, 2001, and any subsequent amendment to which the 
        United States is a party.
  (b) Implementation of International Agreements.--
          (1) In general.--The Administrator, in cooperation 
        with appropriate Federal agencies, shall implement and 
        support the implementation by the United States of the 
        provisions of the Stockholm Convention, the LRTAP POPs 
        Protocol, and the Rotterdam Convention that have 
        entered into effect for the United States.
          (2) Prohibitions.--Notwithstanding any other 
        provision of law, no person may manufacture, process, 
        distribute in commerce, use, dispose of, or take any 
        other action with respect to a POPs chemical, LRTAP 
        POPs chemical, or PIC chemical in a manner inconsistent 
        with applicable obligations for that chemical under the 
        Stockholm Convention, LRTAP POPs Protocol, or Rotterdam 
        Convention.
          (3) Public notice and comment.--
                  (A) In general.--The Administrator shall 
                provide timely public notice and opportunity to 
                comment on a chemical proposed for listing to 
                any Annex to the Stockholm Convention, the 
                LRTAP POPs Protocol, or the Rotterdam 
                Convention.
                  (B) Contents.--The Administrator shall 
                identify in the notice under subparagraph (A) 
                any relevant toxicity, exposure, and risk 
                information on the chemical known to the 
                Administrator, and any domestic activities 
                involving the chemical known to the 
                Administrator.
                  (C) Notice and comment.--
                          (i) In general.--Any interested 
                        person may provide relevant comment and 
                        information on the chemical in response 
                        to the notice under subparagraph (A).
                          (ii) Request for information.--The 
                        Administrator may require the provision 
                        of relevant information related to a 
                        proposed chemical from any person, as 
                        the Administrator determines necessary 
                        to assist the United States in the 
                        review.
                          (iii) Public docket.--The 
                        Administrator shall consider all 
                        comments and information received under 
                        this subparagraph in the review of the 
                        proposal and include the comments and 
                        information in an established public 
                        docket.
                  (D) Post-recommendation.--
                          (i) In general.--The Administrator 
                        shall provide timely public notice and 
                        opportunity to comment after a 
                        recommendation is made to list a 
                        chemical on any Annex to the Stockholm 
                        Convention, the LRTAP POPs Protocol, or 
                        the Rotterdam Convention.
                          (ii) Meeting of the parties.--The 
                        Administrator shall provide the notice 
                        under clause (i) in advance of the 
                        meeting of the Parties at which the 
                        recommendation is to be considered.
                          (iii) Request for information.--The 
                        Administrator shall request comment and 
                        information on all aspects of the 
                        recommendation and may, if the 
                        Administrator determines it to be 
                        necessary to assist the United States 
                        in the review, require the provision of 
                        relevant information related to a 
                        proposed chemical from any person.
                          (iv) Public docket.--The 
                        Administrator shall consider all 
                        comments and information received under 
                        this subparagraph in the review of the 
                        proposal and include the comments and 
                        information in an established public 
                        docket.
                  (E) Decisions.--
                          (i) In general.--Not later than 30 
                        days after a decision by the meeting of 
                        the parties, the Administrator shall 
                        provide timely public notice and 
                        opportunity to comment on any decision 
                        by the meeting of the parties to list a 
                        chemical on any Annex to the Stockholm 
                        Convention.
                          (ii) Contents.--The Administrator 
                        shall provide in the notice under 
                        clause (i) a description of the 
                        amendments to the instruments and 
                        identify the changes to the domestic 
                        activities that the Administrator 
                        believes, based on information 
                        available to the Administrator, would 
                        be necessary if the United States chose 
                        to be bound by the listing decision.
                          (iii) Public comment.--Any interested 
                        person may provide relevant comment and 
                        information in response to the notice 
                        under clause (i).
                          (iv) Public docket.--The 
                        Administrator shall consider all 
                        comments and information received under 
                        this subparagraph in the review of the 
                        proposal and include the comments and 
                        information in an established public 
                        docket.
                  (F) Ratification.--Not later than 30 days 
                after the United States deposits the instrument 
                of ratification for the Stockholm Convention, 
                the LRTAP POPs Protocol, or the Rotterdam 
                Convention, or not later than 30 days after the 
                listing of any chemical subsequently added 
                under those instruments has entered into force 
                for the United States (whichever date is 
                earlier), the Administrator--
                          (i) shall provide public notice of--
                                  (I) the chemicals that are 
                                subject to those instruments; 
                                and
                                  (II) any chemical 
                                subsequently added under those 
                                instruments; and
                          (ii) may specify the requirements 
                        that are applicable for individual 
                        chemicals in a public notice under this 
                        subparagraph.
          (4) General rulemaking authority.--The Administrator 
        may promulgate regulations necessary to carry out the 
        Stockholm Convention, the LRTAP POPs Protocol, or the 
        Rotterdam Convention, or to ensure compliance with any 
        obligations under such instruments.
          (5) Obligations.--If a chemical is subject to 
        obligations under more than 1 of the instruments that 
        includes the Stockholm Convention, the LRTAP POPs 
        Protocol, or the Rotterdam Convention, the most 
        stringent of the obligations shall apply to ensure 
        compliance with each of the instruments.
  (c) Enforcement.--The prohibitions and any other requirements 
of this section shall be enforced in the same manner as final 
rules or orders under section 6.

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TITLE I--CONTROL OF TOXIC SUBSTANCES

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SEC. [30]37. ANNUAL REPORT.

    The Administrator shall prepare and submit to the President 
and the Congress on or before January 1, 1978, and on or before 
January 1 of each succeeding year a comprehensive report on the 
administration of this Act during the preceding fiscal year. 
Such report shall include--
          (1) a list of the testing required under section 4 
        during the year for which the report is made and an 
        estimate of the costs incurred during such year by the 
        persons required to perform such tests;
          (2) the number of notices received during such year 
        under section 5, the number of such notices received 
        during such year under such section for chemical 
        substances subject to a section 4 rule, and a summary 
        of any action taken during such year under section 
        5(g);
          (3) a list of rules issued during such year under 
        section 6;
          (4) a list, with a brief statement of the issues, of 
        completed or pending judicial actions under this Act 
        and administrative actions under section 16 during such 
        year;
          (5) a summary of major problems encountered in the 
        administration of this Act; and
          (6) such recommendations for additional legislation 
        as the Administrator deems necessary to carry out the 
        purposes of this Act.

[SEC. 31. EFFECTIVE DATE.

    [Except as provided in section 4(f), this Act shall take 
effect on January 1, 1977.]

[SEC. [29]38. AUTHORIZATION FOR APPROPRIATIONS.

    [There are authorized to be appropriated to the 
Administrator for purposes of carrying out this Act (other than 
sections 27 and 28 and subsections (a) and (c) through (g) of 
section 10 thereof) $10,100,000 for the fiscal year ending 
September 30, 1977, $58,646,000 for the fiscal year 1982 and 
$62,000,000 for the fiscal year 1983. No part of the funds 
appropriated under this section may be used to construct any 
research laboratories.]

SEC. 38. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Administrator 
to carry out this Act such sums as are necessary for each of 
fiscal years 2011 through 2018.

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