II 

113TH CONGRESS 

1ST SESSION S. 696 

To amend the Toxic Substances Control Act to ensure that risks from 

chemicals are adequately understood and managed, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 10, 2013 

Mr. REID (for Mr. LAUTENBERG (for himself, Mrs. GILLIBRAND, Mr. SCHUMER, Mr. DURBIN, Mrs. MURRAY, Mrs. BOXER, Mr. UDALL of New Mexico, Mr. BAUCUS, Ms. MIKULSKI, Mr. BENNET, Ms. KLOBUCHAR, Mr. 

FRANKEN, Mr. TESTER, Mr. WHITEHOUSE, Mrs. FEINSTEIN, Mr. 

BLUMENTHAL, Mr. COWAN, Mr. SANDERS, Ms. WARREN, Mr. HARKIN, 

Mr. MERKLEY, Mr. WYDEN, Mr. CARDIN, Mr. LEAHY, Mr. MENENDEZ, 

Mr. SCHATZ, Mr. NELSON, Ms. CANTWELL, and Mr. KING)) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To amend the Toxic Substances Control Act to ensure that 

risks from chemicals are adequately understood and managed, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Chemicals Act 

5 of 2013’’. 

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1 SEC. 2. PURPOSES. 

2 The purpose of this Act is to ensure that risks from 

3 chemicals are adequately understood and managed. 

4 SEC. 3. FINDINGS, POLICY, AND GOAL. 

5 Section 2 of the Toxic Substances Control Act (15 

6 U.S.C. 2601) is amended— 

7 (1) in the heading, by striking ‘‘INTENT’’ and 

8 inserting ‘‘GOAL’’; and 

9 (2) by striking subsections (a) through (c) and 

10 inserting the following: 

11 ‘‘(a) FINDINGS.—Congress finds that— 

12 ‘‘(1) each year human beings and the environ13 ment are exposed to a large number of chemical sub14 stances; 

15 ‘‘(2) the chemical industry, an important part 

16 of the United States economy, provides valuable 

17 products that are used in diverse manufacturing in18 dustries and other commercial, institutional, and 

19 consumer applications; 

20 ‘‘(3) more than 3 decades after the enactment 

21 of this Act, people and the environment in the 

22 United States are still exposed to thousands of 

23 chemicals whose safety has not been adequately re24 viewed and may harm health and the environment; 

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1 ‘‘(4) the incidence of some diseases and dis2 orders linked to chemical substance exposures is on 

3 the rise; 

4 ‘‘(5) biomonitoring of chemical substances in 

5 humans reveals that people in the United States 

6 carry hundreds of hazardous chemicals in their bod7 ies; 

8 ‘‘(6) the concentrations of certain chemical sub9 stances that persist and accumulate are increasing 

10 in the environment and in human bodies and are 

11 found across the world, including in the remote Arc12 tic in which Native Americans face increasing con13 tamination of traditional foods; 

14 ‘‘(7) differences in metabolism and physiology 

15 at certain stages of development can make infants 

16 and children more vulnerable than adults to the ef17 fects of chemical exposure, especially exposure that 

18 occurs in utero, during infancy, and during other 

19 critical periods of development; 

20 ‘‘(8) manufacturers and processors of chemicals 

21 should supply sufficient health and environmental 

22 information before distributing products in com23 merce; 

24 ‘‘(9) the Administrator must have and exercise 

25 the authority to develop sufficient information to asmstockstill on DSK4VPTVN1PROD with BILLS

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1 sess chemical safety, and to act effectively when the 

2 Administrator obtains information that indicates 

3 there are risks of harmful exposure to chemical sub4 stances; 

5 ‘‘(10) there is significant global trade in the 

6 chemical sector and many of the companies that con7 duct business in the United States must also comply 

8 with chemical safety regulatory programs in other 

9 countries, and the data that is generated to comply 

10 with those other regulatory programs may be useful 

11 in understanding hazards and exposures of chemical 

12 substances presented in the United States; and 

13 ‘‘(11) a revised policy on the safety of chemical 

14 substances will assist in renewing the manufacturing 

15 sector of the United States, create new and safer 

16 jobs, spur innovations in green chemistry, restore 

17 confidence domestically and internationally in the 

18 safety of products of the United States, and ensure 

19 that products of the United States remain competi20 tive in the global market. 

21 ‘‘(b) POLICY.—It is the policy of the United States— 

22 ‘‘(1) to protect the health of children, workers, 

23 consumers, and the public, and to protect the envi24 ronment from harmful exposures to chemical sub25 stances; 

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1 ‘‘(2) to promote the use of safer alternatives 

2 and other actions that reduce the use of and expo3 sure to hazardous chemical substances and reward 

4 innovation toward safer chemicals, processes, and 

5 products; 

6 ‘‘(3) to require that chemicals in commerce 

7 meet a risk-based safety standard that protects vul8 nerable and affected populations and the environ9 ment; 

10 ‘‘(4) to require companies to provide sufficient 

11 health and environmental information for the chem12 ical substances that the companies manufacture, 

13 process, or import as a condition of allowing those 

14 companies to distribute chemical substances in com15 merce; 

16 ‘‘(5) to improve the quality of information on 

17 chemical safety and use; 

18 ‘‘(6) to guarantee the right of the public and 

19 workers to know about the hazards and uses of 

20 chemical substances that the public and workers 

21 may be exposed to by maximizing public access to 

22 information on chemical safety and use; and 

23 ‘‘(7) to strengthen cooperation between and 

24 among the Federal Government and State, munic25 ipal, tribal, and foreign governments. 

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1 ‘‘(c) GOAL.—It is the goal of the United States to 

2 address the harmful exposure of vulnerable or affected 

3 populations to chemical substances caused by the distribu4 tion of chemical substances in commerce by— 

5 ‘‘(1) reviewing all chemical substances for safe6 ty and identifying the highest priority chemical sub7 stances for expedited review; 

8 ‘‘(2) determining whether chemical substances 

9 in commerce meet the safety standard under this 

10 title; 

11 ‘‘(3) applying appropriate restrictions to the use 

12 of a chemical substance, where warranted; and 

13 ‘‘(4) encouraging the replacement of harmful 

14 chemicals and processes with safer alternatives.’’. 

15 SEC. 4. DEFINITIONS. 

16 Section 3 of the Toxic Substances Control Act (15 

17 U.S.C. 2602) is amended— 

18 (1) by striking paragraph (12); 

19 (2) by redesignating paragraphs (2), (3), (4), 

20 (5), (6), (7), (8), (9), (10), (11), (13), and (14), as 

21 paragraphs (5), (6), (8), (10), (12), (13), (14), (15), 

22 (18), (19), (21), and (24), respectively; 

23 (3) by inserting after paragraph (1) the fol24 lowing: 

25 ‘‘(2) AGGREGATE EXPOSURE.— 

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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the term ‘aggregate exposure’ means 

3 exposure from all sources of a chemical sub4 stance, including exposure from— 

5 ‘‘(i) the manufacture, processing, dis6 tribution, use, and disposal of that chem7 ical substance; and 

8 ‘‘(ii) all other sources of that chemical 

9 substance, including— 

10 ‘‘(I) contamination of food, air, 

11 water, soil, and house dust from cur12 rent or prior uses or activity; 

13 ‘‘(II) accidental releases; 

14 ‘‘(III) permitted sources of pollu15 tion; 

16 ‘‘(IV) nonpoint sources of pollu17 tion; 

18 ‘‘(V) documented background lev19 els from natural and anthropogenic 

20 sources; and 

21 ‘‘(VI) a mixture or article con22 taining that chemical substance. 

23 ‘‘(B) INCLUSIONS.—The term ‘aggregate 

24 exposure’ includes exposure from a chemical 

25 substance that is not considered to be a chemmstockstill on DSK4VPTVN1PROD with BILLS

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1 ical substance under this Act solely because of 

2 the use of that substance as, or in, a food, food 

3 additive, cosmetic, or device (as those terms are 

4 defined in section 201 of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 321)). 

6 ‘‘(3) BIOACCUMULATIVE.— 

7 ‘‘(A) IN GENERAL.—The term ‘bioaccumu8 lative’ means, with respect to a chemical sub9 stance or mixture, that the chemical substance 

10 or mixture, as determined by the Administrator, 

11 can significantly accumulate in biota, as indi12 cated through monitoring data, or is highly 

13 likely to accumulate in biota, as indicated by 

14 other evidence. 

15 ‘‘(B) UPDATE.—To reflect the best avail16 able science, the Administrator may, by rule, 

17 revise the definition of the term ‘bioaccumula18 tive’ in such a way that reflects the state of the 

19 science and provides for equal or greater protec20 tion of human health and the environment. 

21 ‘‘(4) CHEMICAL IDENTITY.—The term ‘chemical 

22 identity’ includes— 

23 ‘‘(A) each common and trade name of a 

24 chemical substance; 

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1 ‘‘(B) the name of a chemical substance ap2 pearing in International Union of Pure and Ap3 plied Chemistry nomenclature and the most 

4 current Collective Index format; 

5 ‘‘(C) each Chemical Abstracts Service reg6 istration number of a chemical substance; and 

7 ‘‘(D) the molecular structure of a chemical 

8 substance.’’; 

9 (4) in paragraph (5) (as redesignated by para10 graph (2))— 

11 (A) by striking ‘‘(2)(A) Except as provided 

12 in subparagraph (B)’’ and inserting the fol13 lowing: 

14 ‘‘(5) CHEMICAL SUBSTANCE.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraphs (B) and (C)’’; 

17 (B) in subparagraph (B), by striking ‘‘(B) 

18 Such term’’ and inserting the following: 

19 ‘‘(B) EXCLUSIONS.—The term ‘chemical 

20 substance’ ’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(C) INCLUSIONS.—Notwithstanding mo23 lecular identity, the Administrator may deter24 mine that a variant of a chemical substance is 

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1 a new chemical substance under section 

2 5(a)(6).’’; 

3 (5) by inserting after paragraph (6) (as redesig4 nated by paragraph (2)) the following: 

5 ‘‘(7) CUMULATIVE EXPOSURE.—The term ‘cu6 mulative exposure’ means the sum of aggregate ex7 posure to each of the chemical substances that are 

8 known or suspected to contribute appreciably to the 

9 risk of the same or a similar adverse effect.’’; 

10 (6) by striking paragraph (8) (as redesignated 

11 by paragraph (2)) and inserting the following: 

12 ‘‘(8) DISTRIBUTE IN COMMERCE.—The terms 

13 ‘distribute in commerce’ and ‘distribution in com14 merce’, when used to describe an action taken with 

15 respect to a chemical substance (or mixture or arti16 cle containing that chemical substance), mean— 

17 ‘‘(A) to sell, or the sale of, the substance, 

18 mixture, or article in commerce; 

19 ‘‘(B) to introduce or deliver for introduc20 tion into commerce, or the introduction or deliv21 ery for introduction into commerce of, the sub22 stance, mixture, or article; 

23 ‘‘(C) to hold, or the holding of, the sub24 stance, mixture, or article after its introduction 

25 into commerce; or 

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1 ‘‘(D) to export or offer for export the sub2 stance, mixture, or article.’’; 

3 (7) by inserting after paragraph (8) (as redesig4 nated by paragraph (2)) the following: 

5 ‘‘(9) END CONSUMER.—The term ‘end con6 sumer’ means an individual or other entity that pur7 chases and uses or consumes a chemical substance 

8 (or mixture or article containing that chemical sub9 stance).’’; 

10 (8) in paragraph (10) (as redesignated by para11 graph (2)), by inserting ‘‘ambient and indoor’’ after 

12 ‘‘includes water,’’; 

13 (9) by inserting after paragraph (10) (as redes14 ignated by paragraph (2)) the following: 

15 ‘‘(11) FEDERAL AGENCY.—The term ‘Federal 

16 agency’ means any department, agency, or other in17 strumentality of the Federal Government, any inde18 pendent agency or establishment of the Federal Gov19 ernment including any Government corporation, and 

20 the Government Printing Office.’’; 

21 (10) in paragraph (15) (as redesignated by 

22 paragraph (2)), by striking ‘‘which is not included in 

23 the chemical substance list compiled and published 

24 under section 8(b)’’ and inserting ‘‘for which the 

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1 manufacturer or processor of the chemical substance 

2 has not submitted a declaration under section 8(a)’’; 

3 (11) by inserting after paragraph (15) (as re4 designated by paragraph (2)) the following: 

5 ‘‘(16) PERSISTENT.— 

6 ‘‘(A) IN GENERAL.—The term ‘persistent’ 

7 means, with respect to a chemical substance or 

8 mixture, that the chemical substance or mix9 ture, as determined by the Administrator, sig10 nificantly persists in 1 or more environmental 

11 media, as indicated by monitoring data or other 

12 evidence. 

13 ‘‘(B) UPDATE.—To reflect the best avail14 able science, the Administrator may, by rule, 

15 revise the definition of the term ‘persistent’ in 

16 such a way that reflects the state of the science 

17 and provides for equal or greater protection of 

18 human health and the environment. 

19 ‘‘(17) PERSON.— 

20 ‘‘(A) IN GENERAL.—The term ‘person’ 

21 means an individual, trust, firm, joint stock 

22 company, corporation (including a Government 

23 corporation), partnership, association, State, 

24 municipality, commission, political subdivision 

25 of a State, or any interstate body. 

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1 ‘‘(B) INCLUSIONS.—The term ‘person’ in2 cludes each Federal agency and any officer, 

3 agent, or employee of a Federal agency.’’; 

4 (12) by inserting after paragraph (19) (as re5 designated by paragraph (2)) the following: 

6 ‘‘(20) SPECIAL SUBSTANCE CHARACTERISTIC.— 

7 ‘‘(A) IN GENERAL.—The term ‘special sub8 stance characteristic’ means a physical, chem9 ical, or biological characteristic, other than mo10 lecular identity, that the Administrator deter11 mines, by order or rule, may significantly affect 

12 the risks posed by substances exhibiting that 

13 characteristic. 

14 ‘‘(B) CONSIDERATIONS.—In determining 

15 the existence of special substance characteris16 tics, the Administrator may consider— 

17 ‘‘(i) size or size distribution; 

18 ‘‘(ii) shape and surface structure; 

19 ‘‘(iii) reactivity; and 

20 ‘‘(iv) any other properties that may 

21 significantly affect the risks posed.’’; 

22 (13) by inserting after paragraph (21) (as re23 designated by paragraph (2)) the following: 

24 ‘‘(22) TOXIC.—The term ‘toxic’, with respect to 

25 a chemical substance or mixture, means that the 

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1 chemical substance or mixture has a toxicological 

2 property— 

3 ‘‘(A) meeting the criteria for Category 1 or 

4 Category 2 for any of the toxicity endpoints es5 tablished by the Globally Harmonized System 

6 for the Classification and Labeling of Haz7 ardous Substances; 

8 ‘‘(B) that causes an adverse effect that has 

9 been demonstrated in humans or other exposed 

10 organisms; or 

11 ‘‘(C) for which the weight of evidence 

12 (such as demonstration of an adverse effect de13 scribed in subparagraph (B), laboratory studies, 

14 or data for a chemical from the same chemical 

15 class that exhibits that adverse effect) dem16 onstrates the potential for an adverse effect in 

17 humans or other exposed organisms. 

18 ‘‘(23) TOXICOLOGICAL PROPERTY.—The term 

19 ‘toxicological property’ means actual or potential 

20 toxicity or other adverse effects of a chemical sub21 stance or mixture, including actual or potential ef22 fects of exposure to a chemical substance or mixture 

23 on— 

24 ‘‘(A) mortality; 

25 ‘‘(B) morbidity, including carcinogenesis; 

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1 ‘‘(C) reproduction; 

2 ‘‘(D) growth and development; 

3 ‘‘(E) the immune system; 

4 ‘‘(F) the endocrine system; 

5 ‘‘(G) the brain or nervous system; 

6 ‘‘(H) other organ systems; or 

7 ‘‘(I) any other biological functions in hu8 mans or nonhuman organisms.’’; and 

9 (14) by adding at the end the following: 

10 ‘‘(25) VULNERABLE HUMAN POPULATION.— 

11 The term ‘vulnerable human population’ means a 

12 human population that is subject to disproportionate 

13 exposure to, or the potential for disproportionate ad14 verse effect from exposure to, a chemical substance 

15 or mixture, including— 

16 ‘‘(A) infants, children, and adolescents; 

17 ‘‘(B) pregnant women; 

18 ‘‘(C) elderly; 

19 ‘‘(D) individuals with preexisting medical 

20 conditions; 

21 ‘‘(E) workers that work with chemical sub22 stances and mixtures; and 

23 ‘‘(F) members of any other appropriate 

24 population identified by the Administrator.’’. 

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1 SEC. 5. MINIMUM INFORMATION SETS AND TESTING OF 

2 CHEMICAL SUBSTANCES. 

3 Section 4 of the Toxic Substances Control Act (15 

4 U.S.C. 2603) is amended to read as follows: 

5 ‘‘SEC. 4. MINIMUM INFORMATION SETS AND TESTING OF 

6 CHEMICAL SUBSTANCES. 

7 ‘‘(a) MINIMUM INFORMATION SETS.— 

8 ‘‘(1) RULE.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graphs (B) and (C), and not later than 1 year 

11 after the date of enactment of the Safe Chemi12 cals Act of 2013, the Administrator shall estab13 lish, by rule, such minimum information sets as 

14 the Administrator determines to be appropriate 

15 to evaluate chemical substances under sections 

16 5 and 6. 

17 ‘‘(B) GENERAL REQUIREMENTS.—The rule 

18 promulgated pursuant to subparagraph (A) 

19 shall— 

20 ‘‘(i) provide for varied or tiered infor21 mation to be provided for different chem22 ical substances; 

23 ‘‘(ii) identify the particular minimum 

24 information set that applies to a chemical 

25 substance; 

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1 ‘‘(iii) require each minimum informa2 tion set to include sufficient information 

3 for the Administrator to conduct a screen4 ing-level risk assessment of the chemical 

5 substance, including information on the 

6 characteristics, toxicological properties, en7 vironmental and biological fate and behav8 ior, exposure, and use of a chemical sub9 stance; 

10 ‘‘(iv) specify information quality and 

11 reliability requirements applicable to the 

12 information submitted in the minimum in13 formation sets; and 

14 ‘‘(v) accommodate the use of alter15 native testing methods and testing strate16 gies to generate information quickly, at low 

17 cost, and with reduced use of animal-based 

18 testing, including toxicity pathway-based 

19 risk assessment, in vitro studies, systems 

20 biology, computational toxicology, 

21 bioinformatics, and high-throughput 

22 screening, to the extent such methods and 

23 strategies would yield information of equiv24 alent quality and reliability. 

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1 ‘‘(C) SPECIFIC REQUIREMENTS.—The rule 

2 promulgated pursuant to subparagraph (A) 

3 shall establish minimum information sets suffi4 cient for the Administrator to administer this 

5 Act, including to carry out— 

6 ‘‘(i) categorization of new chemical 

7 substances under section 5(b)(2), including 

8 the identification of information— 

9 ‘‘(I) sufficiently robust to gen10 erally support the categorization of a 

11 new chemical substance as a sub12 stance of very low concern under sec13 tion 5(b)(2)(D)(iii)(II); and 

14 ‘‘(II) in the absence of which the 

15 Administrator shall designate a new 

16 chemical substance to be a substance 

17 with insufficient information under 

18 section 5(b)(2)(D)(iv); 

19 ‘‘(ii) categorization of existing chem20 ical substances under section 6(b)(3), in21 cluding the identification of information— 

22 ‘‘(I) sufficiently robust to gen23 erally support the categorization of an 

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1 stance of very low concern under sec2 tion 6(b)(3)(B)(ii); and 

3 ‘‘(II) in the absence of which the 

4 Administrator shall designate an ex5 isting chemical substance to be a sub6 stance with insufficient information 

7 under section 6(b)(3)(B)(iv); 

8 ‘‘(iii) assignment of chemical sub9 stances to priority classes under section 

10 6(b)(4); 

11 ‘‘(iv) safety standard determina12 tions— 

13 ‘‘(I) for new uses of existing 

14 chemical substances under section 

15 5(b)(2); and 

16 ‘‘(II) for chemical substances 

17 under section 6(d); and 

18 ‘‘(v) safety standard redeterminations 

19 under section 6(d)(5)(E). 

20 ‘‘(2) SUBMISSION OF MINIMUM INFORMATION

21 SET.—Each manufacturer and processor of a chem22 ical substance shall submit the minimum informa23 tion set for the chemical substance to the Adminis24 trator— 

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1 ‘‘(A) for new chemical substances, concur2 rent with the notice required under section 

3 (5)(b)(1)(A); and 

4 ‘‘(B) for existing chemical substances, as 

5 specified in section 6 or otherwise specified by 

6 the Administrator in the rule promulgated pur7 suant to paragraph (1)(A). 

8 ‘‘(3) PROHIBITION.—In addition to any other 

9 authorities available under this Act, the Adminis10 trator may, by order, take any action authorized 

11 under section 6(f) if a manufacturer or processor is 

12 in violation of paragraph (2). 

13 ‘‘(b) TESTING.— 

14 ‘‘(1) GENERAL SUBMISSIONS.— 

15 ‘‘(A) IN GENERAL.—The Administrator 

16 may, by rule or order, require testing with re17 spect to any chemical substance, and the sub18 mission of test results by a specified date, as 

19 appropriate for making any determination or 

20 carrying out any provision of this Act. Such 

21 testing may be required— 

22 ‘‘(i) to provide information in addition 

23 to the information specified in any applica24 ble minimum information set under sub25 section (a); and 

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1 ‘‘(ii) of persons to whom the Adminis2 trator decides not to apply a requirement 

3 to submit a minimum information set 

4 under subsection (a). 

5 ‘‘(B) EFFECT ON OTHER AUTHORITY.— 

6 Nothing in this paragraph limits the authority 

7 of the Administrator under paragraph (2). 

8 ‘‘(2) SAMPLE SUBMISSIONS.— 

9 ‘‘(A) IN GENERAL.—The Administrator 

10 may, by rule or order, require the submission of 

11 a sample of any chemical substance in such 

12 manner as the Administrator determines en13 ables the Administrator to conduct any tests 

14 necessary for making any determination or car15 rying out any provision of this Act. 

16 ‘‘(B) EFFECT ON OTHER AUTHORITY.— 

17 Nothing in this paragraph limits the authority 

18 of the Administrator under paragraph (1). 

19 ‘‘(3) PROHIBITION.—In addition to any other 

20 authorities available under this Act, the Adminis21 trator may, by order, take any action authorized 

22 under section 6(f) if a manufacturer or processor is 

23 in violation of a rule or order under paragraph (1). 

24 ‘‘(4) EXEMPTION.—If a manufacturer or proc25 essor ceases all manufacture or processing of a 

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1 chemical substance pursuant to its submission of a 

2 declaration of cessation of manufacture or proc3 essing under section 8(b)(4) for the chemical sub4 stance, the manufacturer or processor shall be ex5 empted from the requirements of this subsection. 

6 ‘‘(c) TEST RULES OR ORDERS.— 

7 ‘‘(1) IN GENERAL.—A rule or order issued 

8 under subsection (b) shall include— 

9 ‘‘(A) identification of the chemical sub10 stance for which testing is required under the 

11 rule or order; 

12 ‘‘(B) standards for the development of test 

13 information for that substance; and 

14 ‘‘(C) a specification of the period (which 

15 may not be of unreasonable duration) within 

16 which the persons required to conduct the test17 ing shall submit to the Administrator informa18 tion developed in accordance with the standards 

19 referred to in subparagraph (B). 

20 ‘‘(2) CONSIDERATIONS.— 

21 ‘‘(A) IN GENERAL.—In determining the 

22 standards and period to be required under sub23 paragraphs (B) and (C) of paragraph (1), the 

24 Administrator shall consider— 

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1 ‘‘(i) the relative costs of the various 

2 test protocols and methodologies that may 

3 be required under the rule or order; and 

4 ‘‘(ii) the reasonably foreseeable avail5 ability of the facilities and personnel need6 ed to perform the testing required under 

7 the rule. 

8 ‘‘(B) PRELIMINARY INFORMATION.—Any 

9 rule or order issued by the Administrator under 

10 this subsection may require a manufacturer or 

11 processor to submit preliminary information 

12 during the period described in paragraph 

13 (1)(C). 

14 ‘‘(3) TYPES OF HEALTH AND ENVIRONMENTAL

15 INFORMATION.— 

16 ‘‘(A) IN GENERAL.—The Administrator 

17 may prescribe standards for the development of 

18 test information under this subsection for 

19 health and environmental information, includ20 ing— 

21 ‘‘(i) information pertaining to carcino22 genesis, mutagenesis, teratogenesis, behav23 ioral disorders, or cumulative, synergistic, 

24 or any other effect that may be considered 

25 in a safety standard determination; 

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1 ‘‘(ii) information pertaining to expo2 sure to the chemical substance, including 

3 information regarding the presence of the 

4 chemical substance in human blood, fluids, 

5 or tissue; and 

6 ‘‘(iii) information pertaining to— 

7 ‘‘(I) bioaccumulation; 

8 ‘‘(II) persistence; 

9 ‘‘(III) acute toxicity; 

10 ‘‘(IV) subacute toxicity; 

11 ‘‘(V) chronic toxicity; and 

12 ‘‘(VI) any other characteristic 

13 that may present an adverse effect. 

14 ‘‘(B) METHODOLOGIES.— 

15 ‘‘(i) IN GENERAL.—The Administrator 

16 may prescribe methodologies in standards 

17 for the development of test information, in18 cluding— 

19 ‘‘(I) epidemiologic studies; 

20 ‘‘(II) biomonitoring or environ21 mental monitoring studies; 

22 ‘‘(III) serial or hierarchical tests; 

23 ‘‘(IV) in vitro tests; 

24 ‘‘(V) whole animal tests, con25 sistent with section 30; and 

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1 ‘‘(VI) any other methodology 

2 deemed appropriate by the Adminis3 trator. 

4 ‘‘(ii) REQUIREMENT.—Prior to pre5 scribing epidemiologic studies of employ6 ees, the Administrator shall consult with 

7 the Director of the National Institute for 

8 Occupational Safety and Health. 

9 ‘‘(C) REVIEW.—Periodically, but not less 

10 frequently than once every 3 years, the Admin11 istrator shall— 

12 ‘‘(i) review the adequacy of the stand13 ards for development of information pre14 scribed under subparagraph (A); and 

15 ‘‘(ii) if necessary, institute pro16 ceedings to make appropriate revisions of 

17 those standards. 

18 ‘‘(4) PERSONS REQUIRED TO CONDUCT TESTS

19 AND SUBMIT INFORMATION.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), a rule or order under sub22 section (b) respecting a chemical substance 

23 shall specify the persons required to conduct 

24 tests and submit information to the Adminis25 trator on the substance. 

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1 ‘‘(B) EXCEPTION.—The Administrator 

2 may permit 2 or more of the persons described 

3 in subparagraph (A) to designate 1 of the per4 sons or a qualified third party to conduct the 

5 tests and submit the information on behalf of 

6 the persons making the designation. 

7 ‘‘(C) LIABILITY.—All persons described in 

8 subparagraphs (A) and (B) shall remain liable 

9 for compliance with any requirements subject to 

10 the designation. 

11 ‘‘(5) EXPIRATION OF RULES AND ORDERS.— 

12 ‘‘(A) IN GENERAL.—Any rule or order 

13 under subsection (b) that requires the testing 

14 and submission of information for a particular 

15 chemical substance shall expire at the end of 

16 the applicable reimbursement period (as defined 

17 in subsection (d)(3)) unless, prior to that date, 

18 the Administrator withdraws the rule or order. 

19 ‘‘(B) CATEGORY OF CHEMICAL SUB20 STANCES.—A rule or order under subsection (b) 

21 that requires the testing and submission of in22 formation for a category of chemical substances 

23 shall expire with respect to a chemical sub24 stance included in the category at the end of 

25 the applicable reimbursement period (as defined 

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1 in subsection (d)(3)) unless, prior to that date, 

2 the Administrator withdraws the rule or order 

3 with respect to the substance entirely. 

4 ‘‘(d) EXEMPTIONS.— 

5 ‘‘(1) IN GENERAL.—Any person required by a 

6 rule or order under subsections (a) or (b) to conduct 

7 tests and submit information for a chemical sub8 stance may apply to the Administrator (in such form 

9 and manner as the Administrator determines nec10 essary) for an exemption from the requirement. 

11 ‘‘(2) ACTION BY ADMINISTRATOR.—In accord12 ance with paragraph (3) or (4), the Administrator 

13 shall exempt an applicant under paragraph (1), if, 

14 on receipt of the application, the Administrator de15 termines that— 

16 ‘‘(A) the chemical substance for which the 

17 application was submitted is equivalent to a 

18 chemical substance for which— 

19 ‘‘(i) information has been submitted 

20 to the Administrator in accordance with a 

21 rule or order under subsection (a) or (b); 

22 or 

23 ‘‘(ii) information is being developed in 

24 accordance with the rule or order; and 

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1 ‘‘(B) submission of information by the ap2 plicant for the substance would be duplicative of 

3 information that— 

4 ‘‘(i) has been submitted to the Admin5 istrator in accordance with the rule or 

6 order under subsection (a) or (b); or 

7 ‘‘(ii) is being developed in accordance 

8 with the rule or order. 

9 ‘‘(3) REIMBURSEMENT DUE TO EXEMPTION.— 

10 ‘‘(A) DEFINITION OF REIMBURSEMENT PE11 RIOD.—In this paragraph, the term ‘reimburse12 ment period’, with respect to any test informa13 tion for a chemical substance, means a period 

14 that— 

15 ‘‘(i) begins on the date on which the 

16 test information is submitted in accordance 

17 with a rule or order issued under sub18 section (a) or (b); and 

19 ‘‘(ii) ends on the later of— 

20 ‘‘(I) 5 years after the date re21 ferred to in clause (i); and 

22 ‘‘(II) the date which, as deter23 mined by the Administrator, provides 

24 the applicant with a time period which 

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1 is sufficient to develop the test infor2 mation. 

3 ‘‘(B) REIMBURSEMENT FOR PREVIOUSLY

4 SUBMITTED TEST INFORMATION.— 

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in clause (ii), for an exemption under 

7 paragraph (2)(B)(i), if the exemption is 

8 granted during the reimbursement period 

9 for the test information, the Administrator 

10 shall order the person granted the exemp11 tion to provide fair and equitable reim12 bursement (in an amount determined by 

13 the Administrator) to— 

14 ‘‘(I) the person who previously 

15 submitted the test information, for a 

16 portion of the costs incurred by the 

17 person in complying with the informa18 tion submission requirement; and 

19 ‘‘(II) any other person who has 

20 been required under this subsection to 

21 contribute with respect to the costs, 

22 for a portion of the amount the per23 son was required to contribute. 

24 ‘‘(ii) EXCEPTION.—Clause (i) shall 

25 not apply if there is agreement on the 

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1 amount and method of reimbursement be2 tween an exempted person described in 

3 clause (i) and the persons described in sub4 clauses (I) and (II) of that clause. 

5 ‘‘(iii) CONSIDERATIONS.—In promul6 gating rules for the determination of fair 

7 and equitable reimbursement to the per8 sons described in subclauses (I) and (II) of 

9 clause (i) for costs incurred with respect to 

10 a chemical substance, the Administrator 

11 shall, after consultation with the Attorney 

12 General and the Federal Trade Commis13 sion, consider all relevant factors, includ14 ing— 

15 ‘‘(I) the effect on the competitive 

16 position of the person required to pro17 vide reimbursement in relation to the 

18 person to be reimbursed; and 

19 ‘‘(II) the share of the market for 

20 the substance of the person required 

21 to provide reimbursement in relation 

22 to the share of the market of the per23 sons to be reimbursed. 

24 ‘‘(C) REIMBURSEMENT DUE TO EXEMP25 TION FOR TEST INFORMATION BEING DEVELmstockstill on DSK4VPTVN1PROD with BILLS

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1 OPED IN ACCORDANCE WITH RULE OR

2 ORDER.— 

3 ‘‘(i) IN GENERAL.—Except as pro4 vided in clause (ii), for an exemption under 

5 paragraph (2)(B)(ii), the Administrator 

6 shall order the person granted the exemp7 tion to provide fair and equitable reim8 bursement (in an amount determined by 

9 the Administrator) to— 

10 ‘‘(I) each person who is devel11 oping the test information, for the 

12 portion of the costs incurred by each 

13 person in complying with the rule or 

14 order; and 

15 ‘‘(II) any other person who has 

16 been required under this subsection to 

17 contribute with respect to the costs of 

18 complying with the rule or order, for 

19 a portion of the amount the person 

20 was required to contribute. 

21 ‘‘(ii) EXCEPTION.—Clause (i) shall 

22 not apply if there is agreement on the 

23 amount and method of reimbursement be24 tween an exempted person described in 

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1 clause (i) and the persons described in sub2 clauses (I) and (II) of that clause. 

3 ‘‘(iii) CONSIDERATIONS.—In promul4 gating rules for the determination of fair 

5 and equitable reimbursement to the per6 sons described in subclauses (I) and (II) of 

7 clause (i) for costs incurred with respect to 

8 a chemical substance, the Administrator 

9 shall, after consultation with the Attorney 

10 General and the Federal Trade Commis11 sion, consider the factors described in sub12 paragraph (B)(iii). 

13 ‘‘(iv) LACK OF COMPLIANCE.—If any 

14 exemption is granted under paragraph (2) 

15 on the basis that 1 or more persons are de16 veloping test information pursuant to a 

17 rule or order promulgated or issued under 

18 subsection (a) or (b), and after the exemp19 tion is granted, the Administrator deter20 mines that no person has complied with 

21 the rule or order, the Administrator 

22 shall— 

23 ‘‘(I) after providing written no24 tice and an opportunity for a hearing 

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1 tion, by order, terminate the exemp2 tion; and 

3 ‘‘(II) notify in writing the person 

4 of the requirements of the rule or 

5 order with respect to which the ex6 emption was granted. 

7 ‘‘(e) NOTICE.— 

8 ‘‘(1) IN GENERAL.—Not later than 15 days 

9 after the date of receipt of any test information pur10 suant to a rule or order under subsection (a) or (b), 

11 the Administrator shall publish in the Federal Reg12 ister a notice of the receipt of the test information. 

13 ‘‘(2) REQUIREMENTS.—Subject to section 14, 

14 each notice shall— 

15 ‘‘(A) identify the chemical substance for 

16 which information has been received; 

17 ‘‘(B) list— 

18 ‘‘(i) the commercial and consumer 

19 uses or intended commercial and consumer 

20 uses of the substance known to the Admin21 istrator; and 

22 ‘‘(ii) the information required by the 

23 applicable standards for the development 

24 of test information; and 

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1 ‘‘(C) describe the nature of the test infor2 mation developed. 

3 ‘‘(3) AVAILABILITY.—Subject to section 14, the 

4 Administrator shall make the test information de5 scribed in this subsection available on a publicly ac6 cessible Internet site. 

7 ‘‘(f) REQUESTS FROM OTHER AGENCIES FOR ADDI8 TIONAL INFORMATION OR TESTING.— 

9 ‘‘(1) IN GENERAL.—The head of a Federal 

10 agency may request the Administrator to seek the 

11 information on behalf of that agency if the head of 

12 that Federal agency determines that— 

13 ‘‘(A) information relating to a chemical 

14 substance, including information derived from 

15 new testing or monitoring, would assist that 

16 Federal agency in carrying out the duties or ex17 ercising the authority of that agency; but 

18 ‘‘(B) the requested information is not 

19 available to that agency. 

20 ‘‘(2) DUTY OF ADMINISTRATOR.—Not later 

21 than 60 days after the date of receipt of a request 

22 under paragraph (1), the Administrator shall— 

23 ‘‘(A) subject to section 14, make the infor24 mation available to the requesting agency or in25 stitution; 

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1 ‘‘(B) issue a request under section 8(k) to 

2 require— 

3 ‘‘(i) the submission of existing perti4 nent information to the Administrator; and 

5 ‘‘(ii) a copy of any such submission to 

6 be furnished to the requesting agency or 

7 institution; 

8 ‘‘(C) issue a rule or order under subsection 

9 (b)— 

10 ‘‘(i) to develop the information; and 

11 ‘‘(ii) to require the developed informa12 tion to be furnished to the requesting 

13 agency or institution; or 

14 ‘‘(D) publish in the Federal Register the 

15 reason for which none of the actions described 

16 in this paragraph were taken. 

17 ‘‘(g) CERTIFICATION.—Each person who submits in18 formation under this section or under a rule or an order 

19 promulgated or issued by the Administrator under this 

20 section shall accompany the information with a certifi21 cation signed by a responsible official that each statement 

22 contained in the submission— 

23 ‘‘(1) is accurate and reliable; and 

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1 ‘‘(2) includes all material facts known to, in the 

2 possession or control of, or reasonably ascertainable 

3 by, the person.’’. 

4 SEC. 6. NEW CHEMICAL SUBSTANCES AND NEW USES OF 

5 CHEMICAL SUBSTANCES. 

6 Section 5 of the Toxic Substances Control Act (15 

7 U.S.C. 2604) is amended to read as follows: 

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

9 CHEMICAL SUBSTANCES. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) MANUFACTURE AND PROCESS.—The terms 

12 ‘manufacture’ and ‘process’ mean manufacture or 

13 process, respectively, for commercial purposes. 

14 ‘‘(2) TEST MARKETING.—The term ‘test mar15 keting’ does not include any provision of a chemical 

16 substance or mixture, or an article containing a 

17 chemical substance or mixture, to an end consumer 

18 of the chemical substance, mixture, or article. 

19 ‘‘(b) NEW CHEMICAL SUBSTANCES.— 

20 ‘‘(1) NOTICES.—Except as provided in sub21 section (h), no person may manufacture a new 

22 chemical substance, or process the chemical sub23 stance for a use that is proposed to meet the criteria 

24 described in section 6(h)(2)(B), unless— 

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1 ‘‘(A) the person submits to the Adminis2 trator a notice, in accordance with subsection 

3 (g)(1)(A), of the intention of the person to 

4 manufacture or process the substance; 

5 ‘‘(B) the person complies with subsection 

6 (f); and 

7 ‘‘(C) the Administrator finds that— 

8 ‘‘(i) the new chemical substance is 

9 likely to meet the safety standard under 

10 section 6(d), which shall be limited to sub11 stances assigned by the Administrator to 1 

12 of the categories described in paragraph 

13 (2)(D)(iii); or 

14 ‘‘(ii) the person has established by 

15 clear and convincing evidence that 1 or 

16 more uses of the new chemical substance 

17 meet the criteria described in section 

18 6(h)(2)(B), in which case— 

19 ‘‘(I) the Administrator may by 

20 order allow the person to manufacture 

21 or process the substance only for such 

22 use or uses in accordance with sub23 paragraph (A) of section 6(h)(2); 

24 ‘‘(II) the procedures and require25 ments specified in subparagraphs (A), 

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1 (C), (D), and (E) of section 6(h)(2) 

2 shall apply; and 

3 ‘‘(III) the Administrator shall 

4 not, upon receipt of a notice of com5 mencement for the chemical substance 

6 under subsection (d), add the chem7 ical substance to the active inventory 

8 established under section 8(h)(1). 

9 ‘‘(2) CATEGORIZATION OF NEW CHEMICAL SUB10 STANCES.— 

11 ‘‘(A) RULE.—Not later than 1 year after 

12 the date of enactment of the Safe Chemicals 

13 Act of 2013, the Administrator shall promul14 gate a rule that— 

15 ‘‘(i) designates the categories in ac16 cordance with subparagraph (D) and speci17 fies the process and criteria the Adminis18 trator will use to categorize new chemical 

19 substances; and 

20 ‘‘(ii) describes criteria and factors the 

21 Administrator will use to assess weight of 

22 evidence and the quality and reliability of 

23 information used to inform categorization 

24 decisions. 

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1 ‘‘(B) INFORMATION SOURCES.—In catego2 rizing a new chemical substance, the Adminis3 trator shall consider information on the sub4 stance available to the Administrator at the 

5 time the categorization decision is to be made, 

6 including information— 

7 ‘‘(i) received by the Administrator 

8 from the manufacturer or processor of the 

9 substance in accordance with subsection 

10 (f); 

11 ‘‘(ii) submitted to a governmental 

12 body in another jurisdiction, to the extent 

13 that the information is accessible to the 

14 Administrator; 

15 ‘‘(iii) derived through application of 

16 validated structure-activity relationship or 

17 other models developed by the Adminis18 trator to estimate the environmental and 

19 human health effects, environmental and 

20 biological fate and behavior, and exposure 

21 potential of chemical substances; 

22 ‘‘(iv) inferred based on the degree of 

23 similarity of the structure or properties of 

24 the new chemical substance to those of 1 

25 or more other chemical substances for 

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1 which reliable information exists that is 

2 relevant to predicting the potential envi3 ronmental or human health effects, envi4 ronmental or biological fate and behavior, 

5 or exposure potential of the new chemical 

6 substance; and 

7 ‘‘(v) any additional information the 

8 Administrator determines is needed to cat9 egorize the substance, including informa10 tion identified as needed based on the 

11 analysis by the Administrator of estimated 

12 or inferred information described in 

13 clauses (iii) and (iv). 

14 ‘‘(C) TIMING.—Not later than 90 days 

15 after the date of receipt of a notice under para16 graph (1)(A), the Administrator shall assign 

17 the new chemical substance for which the notice 

18 was submitted to 1 of the categories described 

19 in subparagraph (D). 

20 ‘‘(D) CATEGORIES.— 

21 ‘‘(i) IN GENERAL.—The rule promul22 gated pursuant to subparagraph (A) shall 

23 incorporate, establish criteria for, and fur24 ther specify as needed, the categories de25 scribed in this subparagraph, to 1 of which 

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1 each new chemical substance for which a 

2 notice is submitted pursuant to paragraph 

3 (1) shall be assigned. 

4 ‘‘(ii) SUBSTANCES OF VERY HIGH

5 CONCERN.— 

6 ‘‘(I) IN GENERAL.—The Admin7 istrator shall designate as a substance 

8 of very high concern any new chemical 

9 substance that— 

10 ‘‘(aa) is toxic, persists in the 

11 environment, and is bioaccumula12 tive; or 

13 ‘‘(bb) is highly hazardous. 

14 ‘‘(II) REQUIREMENTS.— 

15 ‘‘(aa) IN GENERAL.—The 

16 Administrator shall allow the 

17 submitter of a notice under para18 graph (1)(A) for a new chemical 

19 substance assigned to the cat20 egory described in this clause to 

21 manufacture or process the new 

22 chemical substance only in ac23 cordance with paragraph 

24 (1)(C)(ii). 

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1 ‘‘(bb) PROHIBITION.—No 

2 other person may manufacture or 

3 process the chemical substance 

4 unless the person has submitted 

5 a notice pursuant to paragraph 

6 (1) and the requirements of para7 graph (1)(C)(ii) have been met 

8 with respect to that notice. 

9 ‘‘(iii) SUBSTANCES LIKELY TO MEET

10 THE SAFETY STANDARD.— 

11 ‘‘(I) IN GENERAL.— 

12 ‘‘(aa) The Administrator 

13 shall designate as a substance 

14 likely to meet the safety standard 

15 any new chemical substance that 

16 the Administrator determines, 

17 based on available information, 

18 would likely meet the safety 

19 standard under section 6(d)— 

20 ‘‘(AA) for uses and 

21 under conditions specified by 

22 the submitter of the notice 

23 for the new chemical sub24 stance pursuant to para25 graph (1); or 

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1 ‘‘(BB) for uses and 

2 under additional conditions 

3 that could be specified by 

4 the Administrator in making 

5 a safety standard determina6 tion for the substance. 

7 ‘‘(bb) The Administrator 

8 shall assign to the category de9 scribed in item (aa) any new 

10 chemical substance that meets 

11 the criteria specified in subclause 

12 (II) or (III). 

13 ‘‘(II) SUBSTANCES OF VERY LOW

14 CONCERN.— 

15 ‘‘(aa) IN GENERAL.—Within 

16 the category described in sub17 clause (I), the Administrator 

18 shall designate as a substance of 

19 very low concern any new chem20 ical substance that, based on ro21 bust information, the Adminis22 trator determines possesses in23 trinsic low-hazard properties so 

24 that no further action by the Ad25 ministrator is warranted unless 

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1 and until the Administrator re2 ceives new information that war3 rants a different categorization of 

4 the chemical substance. 

5 ‘‘(bb) BASIS OF DESIGNA6 TION.—In identifying new chem7 ical substances to be placed in 

8 the category described in this 

9 subclause, the Administrator 

10 shall base the designation of a 

11 new chemical substance as a sub12 stance of very low concern on the 

13 applicable minimum information 

14 set required under section 4, un15 less the Administrator determines 

16 that such designation of a par17 ticular new chemical substance— 

18 ‘‘(AA) can be made to a 

19 high degree of confidence 

20 based on less information; or 

21 ‘‘(BB) requires infor22 mation in addition to the 

23 full minimum information 

24 set to address conflicting or 

25 ambiguous findings, in 

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1 which case the Adminis2 trator may require the devel3 opment and submission of 

4 the additional information. 

5 ‘‘(III) SUBSTANCES TO UNDERGO

6 SAFETY STANDARD DETERMINA7 TIONS.—Within the category de8 scribed in subclause (I), the Adminis9 trator shall designate as a substance 

10 to undergo a safety standard deter11 mination any new chemical substance 

12 that the Administrator determines, 

13 based on a screening of available use, 

14 hazard, and exposure information, has 

15 information available for the chemical 

16 substance that is sufficiently robust to 

17 determine that the chemical substance 

18 does not meet the criteria for the cat19 egories described in subclause (II) or 

20 clause (ii) or (iv). 

21 ‘‘(IV) REQUIREMENT.—For a 

22 new chemical substance designated as 

23 likely to meet the safety standard pur24 suant to subclause (II) or (III), the 

25 Administrator shall, upon submission 

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1 of a notice of commencement de2 scribed in subsection (d)— 

3 ‘‘(aa) add the chemical sub4 stance to the active inventory de5 scribed in section 8(h)(1); and 

6 ‘‘(bb) for a chemical sub7 stance designated to undergo a 

8 safety standard determination, at 

9 the discretion of the Adminis10 trator accounting for timing of 

11 the submission and workload con12 siderations, add the chemical 

13 substance to the current batch or 

14 hold the substance until the next 

15 batch of substances to be 

16 prioritized in accordance with 

17 section 6(b)(4). 

18 ‘‘(V) MANUFACTURING AND

19 PROCESSING.—Pending the comple20 tion of a safety standard determina21 tion under section 6(d), a chemical 

22 substance designated as a substance 

23 likely to meet the safety standard may 

24 be manufactured or processed for uses 

25 and under conditions specified by the 

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1 Administrator in determining that the 

2 chemical substance is likely to meet 

3 the safety standard— 

4 ‘‘(aa) by the submitter of 

5 the notice for the chemical sub6 stance submitted pursuant to 

7 paragraph (1)(A), upon submis8 sion of a notice for the chemical 

9 substance pursuant to subsection 

10 (d); 

11 ‘‘(bb) by other manufactur12 ers of the chemical substance, 

13 once the chemical substance has 

14 been placed on the active inven15 tory described in section 8(h)(1), 

16 upon submission of a declaration 

17 for the chemical substance pursu18 ant to section 8(b)(1)(B); or 

19 ‘‘(cc) by processors of the 

20 substance, upon compliance with 

21 the requirements of section 8(e). 

22 ‘‘(iv) SUBSTANCES WITH INSUFFI23 CIENT INFORMATION.— 

24 ‘‘(I) IN GENERAL.—The Admin25 istrator shall designate as a substance 

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1 with insufficient information any new 

2 chemical substance for which the Ad3 ministrator concludes, after gathering 

4 and screening available use, hazard, 

5 and exposure information, that needed 

6 information for the chemical sub7 stance is not available, is insufficient, 

8 or is not of sufficient quality and reli9 ability to allow for an informed cat10 egorization decision. 

11 ‘‘(II) REQUIRED SUBMISSION.— 

12 For substances designated under this 

13 clause, the Administrator shall require 

14 submission of the applicable minimum 

15 information set specified under section 

16 4 as needed to inform categorization 

17 decisionmaking for new chemical sub18 stances. 

19 ‘‘(III) RECATEGORIZATION.— 

20 Following submission of the applicable 

21 minimum information set for the 

22 chemical substance pursuant to sub23 clause (II), the Administrator shall re24 categorize the chemical substance 

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1 using the categories and process de2 scribed in this paragraph. 

3 ‘‘(IV) PROHIBITION.—Notwith4 standing paragraph (1)(C)(ii), no per5 son may manufacture or process a 

6 chemical substance designated under 

7 this clause until and unless the infor8 mation described in subclause (II) has 

9 been submitted and the Administrator 

10 has recategorized the substance, at 

11 which time the provisions applicable 

12 to the category to which the substance 

13 has been assigned shall apply. 

14 ‘‘(v) SUBSTANCES UNLIKELY TO MEET

15 THE SAFETY STANDARD.— 

16 ‘‘(I) IN GENERAL.—The Admin17 istrator shall designate as a substance 

18 unlikely to meet the safety standard 

19 any new chemical substance that the 

20 Administrator determines, based on 

21 available information, would be un22 likely to meet the safety standard 

23 under section 6(d)— 

24 ‘‘(aa) for uses and under 

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1 mitter of the notice for the chem2 ical substance pursuant to para3 graph (1); or 

4 ‘‘(bb) for other uses or 

5 under additional conditions that 

6 the Administrator may evaluate 

7 in making a safety standard de8 termination for the chemical sub9 stance. 

10 ‘‘(II) PROHIBITION.—Except as 

11 provided under clause (ii), no person 

12 may manufacture or process a chem13 ical substance designated under this 

14 clause. 

15 ‘‘(c) NEW USES OF EXISTING CHEMICAL SUB16 STANCES.— 

17 ‘‘(1) NEW USES OF EXISTING CHEMICAL SUB18 STANCES PRIOR TO SAFETY STANDARD DETERMINA19 TION.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), with respect to an existing 

22 chemical substance for which the Administrator 

23 has not made a safety standard determination 

24 under section 6(d), no person may manufacture 

25 or process the chemical substance— 

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1 ‘‘(i) for a use that was not ongoing on 

2 the date of enactment of the Safe Chemi3 cals Act of 2013; or 

4 ‘‘(ii) at a volume that is significantly 

5 increased from the volume as of the date 

6 of enactment of the Safe Chemicals Act of 

7 2013. 

8 ‘‘(B) EXCEPTION.—A person may manu9 facture or process a chemical substance in a 

10 manner prohibited by subparagraph (A) if— 

11 ‘‘(i) the person submits to the Admin12 istrator the notice specified in subsection 

13 (g)(1)(B); 

14 ‘‘(ii) the person complies with sub15 section (f); and 

16 ‘‘(iii) such manufacturing or proc17 essing is consistent with subsection 

18 (b)(2)(D)(iii)(V). 

19 ‘‘(C) GUIDANCE.—Not later than 90 days 

20 after the date of enactment of the Safe Chemi21 cals Act of 2013, the Administrator shall issue 

22 guidance for the purpose of identifying what 

23 constitute new uses and significantly increased 

24 production volumes under this paragraph. 

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1 ‘‘(2) NEW USES OF EXISTING CHEMICAL SUB2 STANCES THAT MEET THE SAFETY STANDARD.— 

3 ‘‘(A) IN GENERAL.—For an existing chem4 ical substance for which the Administrator has 

5 determined under section 6(d) that the manu6 facturers and processors of the chemical sub7 stance have established that the substance 

8 meets the applicable safety standard, no person 

9 may manufacture, process, distribute in com10 merce, use, or dispose of the chemical sub11 stance, or a mixture or article containing the 

12 chemical substance for uses, at production vol13 umes, or in manners other than those the Ad14 ministrator specified in the safety standard de15 termination, unless— 

16 ‘‘(i) the person submits to the Admin17 istrator a notice in accordance with sub18 section (g)(1)(C) of the intention of the 

19 person to manufacture, process, distribute 

20 in commerce, use, or dispose of the chem21 ical substance, or a mixture or article con22 taining the chemical substance, for the new 

23 use or at a new production volume, or in 

24 such other manner that is inconsistent 

25 with a specified condition or term in the 

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1 safety standard determination made by the 

2 Administrator for that substance; and 

3 ‘‘(ii) the Administrator determines 

4 that the person submitting the notice has 

5 established that the chemical substance 

6 will continue to meet the safety standard if 

7 the allowed uses, production volumes, or 

8 other specified conditions or terms for that 

9 substance, are revised to encompass the 

10 new use, new production volume, or other 

11 manner of manufacturing, processing, dis12 tribution in commerce, use, or disposal. 

13 ‘‘(B) AMENDMENT TO SAFETY STANDARD

14 DETERMINATION.—If the conditions described 

15 in clauses (i) and (ii) of subparagraph (A) are 

16 satisfied, the Administrator shall, by order, 

17 amend the safety standard determination for 

18 the chemical substance to include the new use, 

19 production volume, or other manner of manu20 facturing or processing among the allowed uses, 

21 production volumes, or manners of manufac22 turing, processing, distribution in commerce, 

23 use, or disposal of the chemical substance. 

24 ‘‘(C) SAFETY STANDARD DETERMINA25 TION.— 

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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clauses (ii) and (iii), not later 

3 than 180 days after the date of receipt of 

4 a notice pursuant to subparagraph (A)(i), 

5 the Administrator shall determine whether 

6 the person submitting the notice has estab7 lished that the chemical substance will con8 tinue to meet the safety standard under 

9 section 6(d). 

10 ‘‘(ii) EXTENSION.—The Administrator 

11 may extend the determination deadline 

12 under clause (i) by 1 or more additional 

13 periods not to exceed 1 year in the aggre14 gate, in such manner as the Administrator 

15 determines necessary. 

16 ‘‘(iii) FAILURE TO MAKE A TIMELY

17 DETERMINATION.—The failure of the Ad18 ministrator to make a timely determination 

19 in accordance with this paragraph shall not 

20 be sufficient to satisfy subparagraph 

21 (A)(ii). 

22 ‘‘(d) NOTICE OF COMMENCEMENT.— 

23 ‘‘(1) IN GENERAL.—Not later than 30 days 

24 after the date on which a manufacturer or processor 

25 commences manufacturing or processing of a new 

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1 chemical substance, the manufacturer or processor 

2 shall submit to the Administrator a notice of com3 mencement of manufacture or processing. 

4 ‘‘(2) REQUIREMENTS.—The notice of com5 mencement shall— 

6 ‘‘(A) be considered equivalent to the dec7 laration required under subparagraph (A) or 

8 (C) of section 8(b)(2); and 

9 ‘‘(B) include the information described in 

10 section 8(b)(5). 

11 ‘‘(3) WITHDRAWAL.—A person who has sub12 mitted a notice for a chemical substance under sub13 section (b) or (c), and has not commenced with man14 ufacture or processing of the substance, may with15 draw the notice. 

16 ‘‘(e) CHEMICAL SUBSTANCES EXHIBITING SPECIAL

17 SUBSTANCE CHARACTERISTICS.— 

18 ‘‘(1) DETERMINATION.—The Administrator 

19 shall determine by order or rule that a variant of a 

20 chemical substance exhibiting 1 or more special sub21 stance characteristics— 

22 ‘‘(A) is a use that is separate from any use 

23 of the chemical substance that does not exhibit 

24 the special substance characteristics; or 

25 ‘‘(B) is a distinct chemical substance. 

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1 ‘‘(2) REQUIREMENTS FOR VARIANTS THAT ARE

2 SEPARATE USES.—In the case of a chemical sub3 stance that the Administrator determines to be a 

4 separate use based on the special substance charac5 teristics of the chemical substance, the manufacturer 

6 or processor shall satisfy such further conditions as 

7 the Administrator establishes, by order or rule. 

8 ‘‘(3) REQUIREMENTS FOR VARIANTS THAT ARE

9 DISTINCT CHEMICAL SUBSTANCES.—In the case of a 

10 chemical substance that the Administrator deter11 mines to be a distinct chemical substance based on 

12 the special substance characteristics of the chemical 

13 substance, and that is not listed on the active inven14 tory established under section 8(h)(1), the manufac15 turer or processor shall comply with the require16 ments of subsection (b). 

17 ‘‘(f) SUBMISSION OF DATA.— 

18 ‘‘(1) IN GENERAL.—A person shall submit to 

19 the Administrator data in accordance with the rule 

20 or order at the time that notice is submitted under 

21 subsection (b) or (c) if the person is required to sub22 mit to the Administrator— 

23 ‘‘(A) under subsection (b) or (c), a notice 

24 prior to beginning the manufacture or proc25 essing of a chemical substance; and 

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1 ‘‘(B) under section 4(b), test data for the 

2 chemical substance prior to the submission of 

3 the notice. 

4 ‘‘(2) AVAILABILITY.—Subject to section 14, the 

5 Administrator shall make any test data submitted 

6 under paragraph (1) available on a publicly acces7 sible Internet site. 

8 ‘‘(3) TIMING.—Except as provided under sub9 section (b)(2)(D)(iv), the Administrator may require 

10 a person subject to an information requirement for 

11 a chemical substance under this subsection or sec12 tion 4 to submit the information— 

13 ‘‘(A) prior to and as a condition of the Ad14 ministrator assigning the substance to a cat15 egory; 

16 ‘‘(B) as a condition of commencement of 

17 manufacture or processing; or 

18 ‘‘(C) as a condition of exceeding a specified 

19 manufacturing volume or expanding use of the 

20 substance. 

21 ‘‘(g) CONTENT AND AVAILABILITY OF NOTICE.— 

22 ‘‘(1) CONTENT.— 

23 ‘‘(A) NEW CHEMICAL SUBSTANCES.—A no24 tice under subsection (b)(1) shall include— 

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1 ‘‘(i) the chemical identity and any 

2 special substance characteristics of the 

3 chemical substance; 

4 ‘‘(ii) the identity and primary business 

5 location of the manufacturer; 

6 ‘‘(iii) the information described in sec7 tion 8(h)(5)(B)(ii); 

8 ‘‘(iv) the minimum information set de9 scribed in section 4(a), where applicable; 

10 and 

11 ‘‘(v) a statement that— 

12 ‘‘(I) the new chemical substance 

13 is likely to meet the safety standard 

14 under section 6(d); or 

15 ‘‘(II) the 1 or more uses pro16 posed for the new chemical substance 

17 meet the criteria described in section 

18 6(h)(2)(B). 

19 ‘‘(B) NEW USES OF EXISTING CHEMICAL

20 SUBSTANCES PRIOR TO SAFETY STANDARD DE21 TERMINATION.—A notice under subsection 

22 (c)(1) shall include all updates to the declara23 tion described in section 8(b)(2) and informa24 tion described in section 8(h)(5)(B)(ii) that is 

25 relevant to the new use, new production volume, 

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1 or other new manner of manufacturing or proc2 essing. 

3 ‘‘(C) NEW USES OF EXISTING CHEMICAL

4 SUBSTANCES THAT MEET THE SAFETY STAND5 ARD.—A notice under subsection (c)(2) shall in6 clude— 

7 ‘‘(i) all updates to the declaration de8 scribed in section 8(b)(2); 

9 ‘‘(ii) information described in section 

10 8(h)(5)(B)(ii) that is relevant to the new 

11 use, new production volume, or other new 

12 manner of manufacturing or processing; 

13 ‘‘(iii) all updates to the minimum in14 formation set described in section 4(a) rel15 evant to the new use, new production vol16 ume, or other new manner of manufac17 turing or processing; and 

18 ‘‘(iv) a statement that the chemical 

19 substance will continue to meet the safety 

20 standard if the allowed uses, production 

21 volumes, or other specified conditions or 

22 terms for that chemical substance are re23 vised to encompass the new use, produc24 tion volume, or other manner of manufac25 turing or processing. 

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1 ‘‘(2) AVAILABILITY.—Subject to section 14, the 

2 Administrator shall make the notices under para3 graph (1) available on a publicly accessible Internet 

4 site. 

5 ‘‘(3) PUBLIC INFORMATION.—Subject to section 

6 14, not later than 5 days (excluding Saturdays, Sun7 days, and legal holidays) after the date of the receipt 

8 of a notice under subsection (b), (c), or (d), or of 

9 data under subsection (f), the Administrator shall 

10 make available on a publicly accessible Internet site 

11 a notice that— 

12 ‘‘(A) identifies the chemical substance for 

13 which notice or information has been received; 

14 ‘‘(B) lists the uses or intended uses of the 

15 chemical substance; 

16 ‘‘(C) for substances for which a notice is 

17 submitted under subsection (b)(1), is promptly 

18 updated to specify the category to which the 

19 Administrator has assigned the substance pur20 suant to subsection (b)(2) once the assignment 

21 has been made; 

22 ‘‘(D) in the case of the receipt of data 

23 under subsection (f), describes— 

24 ‘‘(i) the nature of the tests performed 

25 with respect to the chemical substance; and 

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1 ‘‘(ii) any data that were received 

2 under subsection (f) or a rule or order 

3 under section 4; and 

4 ‘‘(E) references the availability of the min5 imum information set, where applicable. 

6 ‘‘(4) LIST OF NOTICES.—At the beginning of 

7 each month, the Administrator shall make available 

8 on a publicly accessible Internet site a list of each 

9 chemical substance for which a notice has been re10 ceived under subsection (b), (c), or (d). 

11 ‘‘(h) EXEMPTIONS.— 

12 ‘‘(1) INTRINSICALLY SAFE SUBSTANCES.— 

13 ‘‘(A) EXEMPTION.— 

14 ‘‘(i) IN GENERAL.—If the Adminis15 trator determines that scientific consensus 

16 exists that the intrinsic properties of a new 

17 chemical substance are such that the 

18 chemical substance does not and would not 

19 pose any risk of injury to human health or 

20 the environment under any intended or 

21 reasonably anticipated levels of production, 

22 patterns of use, or exposures arising at 

23 any stage across the lifecycle of the chem24 ical substance, the Administrator may, by 

25 order, exempt the chemical substance, or 

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1 particular uses of such substances, from 1 

2 or more of the requirements of this section. 

3 ‘‘(ii) BASIS OF DETERMINATION.—A 

4 determination under clause (i)— 

5 ‘‘(I) shall be based on consider6 ation of the intrinsic properties of the 

7 chemical substance; and 

8 ‘‘(II) shall not be based on find9 ings or assumptions of low human or 

10 environmental exposure to such sub11 stances. 

12 ‘‘(B) NOTICE OF DETERMINATION AND EX13 EMPTION.—Not later than 30 days after pro14 viding an exemption pursuant to subparagraph 

15 (A), the Administrator shall publish in the Fed16 eral Register a notice that— 

17 ‘‘(i) subject to section 14, provides the 

18 specific identity of the chemical substance 

19 or category; 

20 ‘‘(ii) if a particular use of the chem21 ical substance is exempted under subpara22 graph (A), describes the particular use of 

23 the chemical substance that the Adminis24 trator has exempted; and 

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1 ‘‘(iii) explains and documents the 

2 basis for the determination and exemption 

3 of the Administrator. 

4 ‘‘(C) RECONSIDERATION OF EXEMPTION.— 

5 ‘‘(i) IN GENERAL.—The Administrator 

6 may reconsider and revoke or modify any 

7 exemption provided under subparagraph 

8 (A) at any time if the Administrator deter9 mines that— 

10 ‘‘(I) the conditions specified in 

11 subparagraph (A) are no longer met; 

12 or 

13 ‘‘(II) such action is necessary to 

14 protect human health or the environ15 ment or is otherwise in the public in16 terest. 

17 ‘‘(ii) PUBLICATION.—In the event of a 

18 revocation or modification under clause (i), 

19 the Administrator shall publish a notice of 

20 the grounds for the revocation. 

21 ‘‘(D) PRIOR REGULATORY EXEMPTIONS.— 

22 ‘‘(i) REVIEW.— 

23 ‘‘(I) IN GENERAL.—Not later 

24 than 180 days after the date of enact25 ment of the Safe Chemicals Act of 

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1 2013, the Administrator shall review 

2 exemptions that were granted pursu3 ant to subsection (h)(4) of this section 

4 as in effect on the day before that 

5 date of enactment. 

6 ‘‘(II) EFFECT OF EXEMPTION.— 

7 An exemption described in subclause 

8 (I) shall continue to be in effect until 

9 the date on which the Administrator 

10 determines, by order, that— 

11 ‘‘(aa) the exemption is not 

12 appropriate under this section, at 

13 which time the exemption shall 

14 cease to be in effect; or 

15 ‘‘(bb) the exemption is ap16 propriate under this section, at 

17 which time the Administrator 

18 may issue an order to modify or 

19 continue in effect the exemption 

20 pursuant to subparagraph (A). 

21 ‘‘(ii) POLYMERIC CHEMICAL SUB22 STANCES.—Notwithstanding subparagraph 

23 (A) and any previously issued exemption 

24 applicable to polymeric chemical sub25 stances— 

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1 ‘‘(I) subsection (d) shall apply to 

2 new polymeric chemical substances eli3 gible for the previously issued exemp4 tion— 

5 ‘‘(aa) during the period 

6 prior to a determination by the 

7 Administrator pursuant to clause 

8 (i) applicable to such substances; 

9 and 

10 ‘‘(bb) after a determination 

11 by the Administrator pursuant to 

12 clause (i)(II)(bb) that continu13 ation of the prior exemption is 

14 appropriate for some or all such 

15 substances, for such substances 

16 to which the continuation applies; 

17 and 

18 ‘‘(II) all of this section shall 

19 apply to new polymeric chemical sub20 stances eligible for the previously 

21 issued exemption after a determina22 tion by the Administrator pursuant to 

23 clause (i)(II)(aa) that continuation of 

24 the prior exemption is not appropriate 

25 for some or all such substances, for 

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1 such substances to which the deter2 mination applies. 

3 ‘‘(E) NO LIMITATION ON AUTHORITY.— 

4 Nothing in this paragraph limits or otherwise 

5 affects the authority of the Administrator under 

6 any other provision of this Act. 

7 ‘‘(2) TEST MARKETING PURPOSES.—Subject to 

8 paragraph (6), the Administrator may, upon applica9 tion, exempt any person from any requirement of 

10 subsection (b), (c), or (f) to permit the person to 

11 manufacture or process a chemical substance for test 

12 marketing purposes— 

13 ‘‘(A) upon a showing by the person, in a 

14 manner that the Administrator determines, that 

15 the manufacture, processing, distribution in 

16 commerce, use, and disposal of the chemical 

17 substance (including any combination of those 

18 activities) will not endanger human health or 

19 the environment; and 

20 ‘‘(B) under such restrictions as the Admin21 istrator considers appropriate. 

22 ‘‘(3) EQUIVALENT CHEMICAL SUBSTANCES.— 

23 ‘‘(A) IN GENERAL.—The Administrator 

24 shall, upon application, fully or partially exempt 

25 any person from the requirement to submit any 

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1 data under subsection (b) or (f) if, on receipt 

2 of an application, the Administrator determines 

3 that— 

4 ‘‘(i) the chemical substance for which 

5 the application was submitted is equivalent 

6 to a chemical substance for which data has 

7 been submitted to the Administrator as re8 quired by this Act; and 

9 ‘‘(ii) submission of data by the appli10 cant on the chemical substance would be 

11 duplicative of data which has been sub12 mitted to the Administrator in accordance 

13 with this Act. 

14 ‘‘(B) EFFECTIVE DATE.—No exemption 

15 under this paragraph may take effect before the 

16 beginning of the reimbursement period applica17 ble to the data. 

18 ‘‘(C) FAIR AND EQUITABLE REIMBURSE19 MENT.— 

20 ‘‘(i) DEFINITION OF REIMBURSEMENT

21 PERIOD.—In this subparagraph, the term 

22 ‘reimbursement period’, with respect to 

23 any previously submitted data for a chem24 ical substance, means a period— 

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1 ‘‘(I) beginning on the date of the 

2 termination of the prohibition, im3 posed under this section, on the man4 ufacture or processing of the chemical 

5 substance by the person who sub6 mitted the data to the Administrator; 

7 and 

8 ‘‘(II) ending on the later of— 

9 ‘‘(aa) the date that is 5 

10 years after the date referred to in 

11 subclause (I); or 

12 ‘‘(bb) the expiration of the 

13 period, which begins on the date 

14 referred to in subclause (I) and 

15 is equal to the period that the 

16 Administrator determines to be 

17 necessary to develop the data. 

18 ‘‘(ii) REIMBURSEMENT.—Except as 

19 provided in clause (iii), if the Adminis20 trator exempts any person, under subpara21 graph (A), and the exemption is granted 

22 during the reimbursement period for that 

23 data, the Administrator shall order the 

24 person granted the exemption to provide 

25 fair and equitable reimbursement (in an 

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1 amount determined by the Adminis2 trator)— 

3 ‘‘(I) to the person who previously 

4 submitted the data on which the ex5 emption was based, for a portion of 

6 the costs incurred by the person in 

7 complying with the requirement under 

8 this title to submit the data; and 

9 ‘‘(II) to any other person who 

10 has been required under this subpara11 graph to contribute with respect to 

12 the costs, for a portion of the amount 

13 the person was required to contribute. 

14 ‘‘(iii) EXCEPTION.—Clause (ii) shall 

15 not apply if the person exempted under 

16 that clause and the persons described in 

17 subclauses (I) and (II) of that clause agree 

18 on the amount and method of reimburse19 ment. 

20 ‘‘(iv) CONSIDERATIONS.—In promul21 gating rules for the determination of fair 

22 and equitable reimbursement to the per23 sons described in subclauses (I) and (II) of 

24 clause (ii) for costs incurred with respect 

25 to a chemical substance, the Administrator 

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1 shall, after consultation with the Attorney 

2 General and the Federal Trade Commis3 sion, consider all relevant factors, includ4 ing— 

5 ‘‘(I) the effect on the competitive 

6 position of the person required to pro7 vide reimbursement in relation to the 

8 persons to be reimbursed; and 

9 ‘‘(II) the share of the market for 

10 the chemical substance of the person 

11 required to provide reimbursement to 

12 the share of the market of the persons 

13 to be reimbursed. 

14 ‘‘(4) SMALL QUANTITIES SOLELY FOR EXPERI15 MENTATION, RESEARCH, AND ANALYSIS.— 

16 ‘‘(A) IN GENERAL.—If the conditions de17 scribed in subparagraph (B) are met, sub18 sections (b), (c), and (f) shall not apply with re19 spect to the manufacturing or processing of any 

20 chemical substance that is manufactured or 

21 processed, or proposed to be manufactured or 

22 processed, only in small quantities (as defined 

23 by the Administrator by rule) solely for pur24 poses of— 

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1 ‘‘(i) scientific experimentation or anal2 ysis; or 

3 ‘‘(ii) chemical research on, or analysis 

4 of the chemical substance or another chem5 ical substance, including such research or 

6 analysis for the development of a product. 

7 ‘‘(B) CONDITIONS.—All persons engaged 

8 in the experimentation, research, or analysis for 

9 a manufacturer or processor shall be notified 

10 (in such form and manner as the Administrator 

11 may prescribe) of any risk to human health 

12 that the manufacturer, processor, or the Ad13 ministrator has reason to believe may be associ14 ated with that chemical substance. 

15 ‘‘(5) TEMPORARY EXISTENCE.—Subject to 

16 paragraph (6), the Administrator may, upon applica17 tion, exempt from subsections (b), (c), and (f) the 

18 manufacturing or processing of any chemical sub19 stance— 

20 ‘‘(A) that exists temporarily as a result of 

21 a chemical reaction in the manufacturing or 

22 processing of a mixture or another chemical 

23 substance; and 

24 ‘‘(B) to which there is no, and will not be, 

25 human or environmental exposure. 

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1 ‘‘(6) PUBLICATION.— 

2 ‘‘(A) IN GENERAL.—As soon as practicable 

3 after the date of receipt of an application under 

4 paragraph (2) or (5), the Administrator shall 

5 publish in the Federal Register notice of the re6 ceipt of the application. 

7 ‘‘(B) REQUIREMENTS.—The Administrator 

8 shall— 

9 ‘‘(i) give interested persons an oppor10 tunity to comment upon any application 

11 described in subparagraph (A); 

12 ‘‘(ii) not later than 45 days after the 

13 date of receipt of an application, approve 

14 or deny the application; and 

15 ‘‘(iii) publish in the Federal Register 

16 notice of the approval or denial of the ap17 plication. 

18 ‘‘(i) CERTIFICATION.—Each submission required 

19 under this section or under a rule or an order promulgated 

20 or issued by the Administrator under this section shall be 

21 accompanied by a certification signed by a responsible offi22 cial of the manufacturer or processor that each statement 

23 contained in the submission— 

24 ‘‘(1) is accurate and reliable; and 

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1 ‘‘(2) includes all material facts required by the 

2 applicable provision of this section or rule or order 

3 under this section.’’. 

4 SEC. 7. BATCHING, CATEGORIZATION, PRIORITIZATION, 

5 SAFETY STANDARD DETERMINATION, AND 

6 RISK MANAGEMENT. 

7 (a) IN GENERAL.—Section 6 of the Toxic Substances 

8 Control Act (15 U.S.C. 2605) is amended— 

9 (1) by striking subsection (f); 

10 (2) by redesignating subsection (e) as sub11 section (i); 

12 (3) by striking the section heading and designa13 tion and all that follows through subsection (d) and 

14 inserting the following: 

15 ‘‘SEC. 6. BATCHING, CATEGORIZATION, PRIORITIZATION, 

16 SAFETY STANDARD DETERMINATION, AND 

17 RISK MANAGEMENT. 

18 ‘‘(a) BATCHING.— 

19 ‘‘(1) IN GENERAL.—To ensure that an efficient 

20 and orderly process and pace is established for the 

21 determination of safety of chemical substances in 

22 commerce and the application of risk management 

23 measures as needed, the Administrator shall estab24 lish a system for assigning chemical substances into 

25 batches in accordance with this subsection. 

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1 ‘‘(2) REQUIREMENTS.— 

2 ‘‘(A) TIMING.—Not later than 270 days 

3 after the date of enactment of the Safe Chemi4 cals Act of 2013, and not less frequently than 

5 once every 5 years thereafter until all chemical 

6 substances listed on the active portion of the in7 ventory established under section 8(h)(1) have 

8 been assigned to a batch, the Administrator 

9 shall assign chemical substances on the active 

10 portion of the inventory to batches of chemical 

11 substances under this subsection. 

12 ‘‘(B) NUMBER.—Each batch established 

13 under this subsection shall include a number of 

14 chemical substances approximately equal to the 

15 number of chemical substances for which re16 ports are submitted to the Administrator under 

17 the chemical data reporting rule as of the date 

18 of enactment of the Safe Chemicals Act of 

19 2013. 

20 ‘‘(C) PUBLICATION.—The Administrator 

21 shall publish, subject to section 14, the list of 

22 chemical substances assigned to each batch 

23 promptly on designation of the chemical sub24 stances to the batch. 

25 ‘‘(3) INITIAL BATCH.— 

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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the initial batch of chemical sub3 stances designated under paragraph (2)(A) 

4 shall include the chemical substances for which 

5 reports are submitted to the Administrator 

6 under the chemical data reporting rule as of the 

7 date of enactment of the Safe Chemicals Act of 

8 2013. 

9 ‘‘(B) INCLUSIONS AND EXCLUSIONS.—Not10 withstanding subparagraph (A), the Adminis11 trator may— 

12 ‘‘(i) include in the initial batch chem13 ical substances that— 

14 ‘‘(I) are manufactured at vol15 umes below the threshold used under 

16 the chemical data reporting rule to 

17 designate chemical substances subject 

18 to basic reporting under that rule; but 

19 ‘‘(II) are used or released into 

20 the environment in a manner that the 

21 Administrator determines warrants 

22 early evaluation; and 

23 ‘‘(ii) exclude from the initial batch 

24 chemical substances that— 

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1 ‘‘(I) are reported to the Adminis2 trator under the chemical data report3 ing rule; but 

4 ‘‘(II) are used or released into 

5 the environment in a manner that the 

6 Administrator determines does not 

7 warrant early evaluation. 

8 ‘‘(4) SUBSEQUENT BATCHES.—The Adminis9 trator shall assign chemical substances to subse10 quent batches in a manner that the Administrator 

11 determines reflects the extent to which the chemical 

12 substances warrant earlier or later evaluation. 

13 ‘‘(b) CATEGORIZATION AND PRIORITIZATION.— 

14 ‘‘(1) REGULATIONS.—Not later than 1 year 

15 after the date of enactment of the Safe Chemicals 

16 Act of 2013, the Administrator shall promulgate 

17 regulations that— 

18 ‘‘(A) establish the categories and specify 

19 the process and criteria the Administrator will 

20 use to categorize chemical substances, which 

21 shall be consistent with paragraph (3)(B), be22 ginning with those chemical substances as23 signed to the initial batch described in sub24 section (a)(3); 

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1 ‘‘(B) designate the process and criteria the 

2 Administrator will use to prioritize chemical 

3 substances that are placed in the category of 

4 chemical substances to undergo safety standard 

5 determinations, which shall be consistent with 

6 the priorities described in paragraph (4); 

7 ‘‘(C) describe how the categorization and 

8 prioritization process and criteria relate to, and 

9 take into account, the categorization and 

10 prioritization decisions made in other jurisdic11 tions, including States and foreign govern12 ments; and 

13 ‘‘(D) describe criteria and factors the Ad14 ministrator will use to weigh evidence and as15 sess the quality and reliability of information 

16 used to inform categorization and prioritization 

17 decisions. 

18 ‘‘(2) INFORMATION SOURCES.— 

19 ‘‘(A) IN GENERAL.—In making categoriza20 tion and prioritization decisions, the Adminis21 trator shall take into consideration information 

22 regarding chemical substances that is available 

23 to the Administrator at the time the decisions 

24 are made, including information that is— 

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1 ‘‘(i) received by the Administrator 

2 from manufacturers or processors pursu3 ant to requirements under section 8(b) and 

4 (c); 

5 ‘‘(ii) included in any minimum infor6 mation set required under section 4; 

7 ‘‘(iii) submitted to the Administrator 

8 that is relevant to the categorization or 

9 prioritization of the chemical substance; 

10 and 

11 ‘‘(iv) identified through an active 

12 search by the Administrator of information 

13 sources that are publicly available or other14 wise accessible to the Administrator. 

15 ‘‘(B) INFORMATION FROM MANUFACTUR16 ERS AND PROCESSORS.— 

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), on designation by the Administrator 

19 under paragraph (3)(B)(iii) of a chemical 

20 substance safety standard determination, 

21 any manufacturer or processor of a des22 ignated chemical substance and any trade 

23 association or voluntary consortium that 

24 represents a manufacturer or processor of 

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1 vide to the Administrator information 

2 that— 

3 ‘‘(I) relates to the chemical sub4 stances manufactured or processed by 

5 the applicable manufacturer or proc6 essor; 

7 ‘‘(II) is in the possession of, or 

8 known to, the manufacturer, proc9 essor, trade association, or consor10 tium; and 

11 ‘‘(III) is not already available to 

12 the Administrator. 

13 ‘‘(ii) REQUIREMENT.—If a manufac14 turer, processor, trade association, or con15 sortium elects to provide information to 

16 the Administrator under clause (i), the 

17 manufacturer, processor, trade association, 

18 or consortium shall provide all relevant in19 formation in the possession of, or known 

20 to, the manufacturer, processor, trade as21 sociation, or consortium for each chemical 

22 substance designated by the Administrator 

23 that is manufactured or processed by the 

24 applicable manufacturer or processor. 

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1 ‘‘(iii) METHOD OF SUBMISSION.—In2 formation described in this subparagraph 

3 may be submitted to the Administrator 

4 by— 

5 ‘‘(I) a manufacturer or proc6 essor— 

7 ‘‘(aa) on an individual basis; 

8 or 

9 ‘‘(bb) through a trade asso10 ciation or voluntary consortium; 

11 and 

12 ‘‘(II) a trade association or vol13 untary consortium that has developed 

14 relevant information on behalf of the 

15 manufacturers or processors of des16 ignated chemical substances rep17 resented by the trade association or 

18 voluntary consortium. 

19 ‘‘(3) CATEGORIZATION OF CHEMICAL SUB20 STANCES.— 

21 ‘‘(A) TIMING.— 

22 ‘‘(i) INITIAL BATCH.—Not later than 

23 180 days after the date of promulgation of 

24 regulations pursuant to paragraph (1), the 

25 Administrator shall publish, subject to secmstockstill on DSK4VPTVN1PROD with BILLS

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1 tion 14, the category assignments for the 

2 initial batch of chemical substances identi3 fied under subsection (a)(3), using the cat4 egories described in subparagraph (B). 

5 ‘‘(ii) SUBSEQUENT BATCHES.—Not 

6 later than 180 days after the date on 

7 which the Administrator designates each 

8 subsequent batch of chemical substances 

9 under subsection (a)(2)(A), the Adminis10 trator shall publish the category assign11 ments for the chemical substances in the 

12 batch. 

13 ‘‘(B) CATEGORIES.—The regulation pro14 mulgated pursuant to paragraph (1) shall incor15 porate, establish criteria for, and further specify 

16 as needed, the following categories into which 

17 chemical substances in each batch shall be 

18 placed: 

19 ‘‘(i) SUBSTANCES OF VERY HIGH CON20 CERN.— 

21 ‘‘(I) IN GENERAL.—The Admin22 istrator shall designate as substances 

23 of very high concern those chemical 

24 substances— 

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1 ‘‘(aa) for which there is evi2 dence of widespread exposure and 

3 that— 

4 ‘‘(AA) are toxic, persist 

5 in the environment, and are 

6 bioaccumulative; or 

7 ‘‘(BB) are highly haz8 ardous; or 

9 ‘‘(bb) that are subject to 

10 regulation under section 6 or 7 of 

11 this Act (as in effect on the day 

12 before the date of enactment of 

13 the Safe Chemicals Act of 2013). 

14 ‘‘(II) INFORMATION SET.—A 

15 minimum information set, as specified 

16 under section 4, need not be sub17 mitted or otherwise available for a 

18 chemical substance to be designated a 

19 substance of very high concern under 

20 this clause. 

21 ‘‘(ii) SUBSTANCES OF VERY LOW CON22 CERN.— 

23 ‘‘(I) IN GENERAL.—The Admin24 istrator shall designate as substances 

25 of very low concern those chemical 

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1 substances that, based on robust in2 formation, the Administrator deter3 mines possess intrinsic low-hazard 

4 properties such that no further action 

5 by the Administrator is warranted, 

6 unless the Administrator receives new 

7 information that warrants a different 

8 categorization of the chemical sub9 stance. 

10 ‘‘(II) FACTORS FOR CONSIDER11 ATION.—In designating chemical sub12 stances to be placed in the very low 

13 concern category under this clause, 

14 the Administrator shall— 

15 ‘‘(aa) take into consideration 

16 whether chemical substances in 

17 commerce have received, as of 

18 the date of enactment of the Safe 

19 Chemicals Act of 2013, exemp20 tions under section 5 of this Act 

21 (as in effect on the day before 

22 the date of enactment of the Safe 

23 Chemicals Act of 2013) based on 

24 anticipated low intrinsic hazard; 

25 and 

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1 ‘‘(bb) in general, base the 

2 designation on a minimum infor3 mation set as required under sec4 tion 4, unless the Administrator 

5 determines that such designation 

6 of a particular chemical sub7 stance— 

8 ‘‘(AA) can be made to a 

9 high degree of confidence 

10 based on less information; or 

11 ‘‘(BB) requires infor12 mation in addition to the 

13 full minimum information 

14 set to address conflicting or 

15 ambiguous findings, in 

16 which case the Adminis17 trator may require the devel18 opment and submission of 

19 the additional information. 

20 ‘‘(iii) SUBSTANCES TO UNDERGO

21 SAFETY STANDARD DETERMINATIONS.— 

22 The Administrator shall designate as sub23 stances to undergo safety standard deter24 minations those chemical substances that 

25 the Administrator determines— 

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1 ‘‘(I) based on a screening of 

2 available use, hazard, and exposure 

3 information, do not meet the criteria 

4 for the categories described in clauses 

5 (i) and (ii); and 

6 ‘‘(II) are the subject of available 

7 information that is sufficiently robust 

8 to inform prioritization decisions to be 

9 made for the chemical substances 

10 under paragraph (4). 

11 ‘‘(iv) SUBSTANCES WITH INSUFFI12 CIENT INFORMATION.— 

13 ‘‘(I) IN GENERAL.—The Admin14 istrator shall designate as substances 

15 with insufficient information those 

16 chemical substances for which the Ad17 ministrator determines, after gath18 ering and screening available use, haz19 ard, and exposure information, that 

20 information is not available, is insuffi21 cient, or is not of sufficient quality 

22 and reliability to allow for an in23 formed categorization decision. 

24 ‘‘(II) MINIMUM INFORMATION

25 SET.— 

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1 ‘‘(aa) IN GENERAL.—For 

2 chemical substances designated 

3 under this clause, the Adminis4 trator shall require submission of 

5 the applicable minimum informa6 tion set specified under section 4 

7 as needed to inform categoriza8 tion decisionmaking. 

9 ‘‘(bb) TIMING.—The min10 imum information set shall be 

11 submitted to the Administrator— 

12 ‘‘(AA) not later than 5 

13 years after the date of en14 actment of the Safe Chemi15 cals Act of 2013 for the ini16 tial batch of chemical sub17 stances identified under sub18 section (a)(3); and 

19 ‘‘(BB) not later than 5 

20 years after the assignment 

21 of a chemical substance to 

22 the category under this 

23 clause for subsequent 

24 batches. 

25 ‘‘(III) RECATEGORIZATION.— 

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1 ‘‘(aa) IN GENERAL.—After 

2 submission of the minimum in3 formation set for a chemical sub4 stance pursuant to subclause (I), 

5 the Administrator shall recat6 egorize the chemical substance 

7 using the categories and process 

8 described in this paragraph. 

9 ‘‘(bb) DISCRETION OF AD10 MINISTRATOR.—The Adminis11 trator, taking into account the 

12 timing of the submission and 

13 workload considerations, may— 

14 ‘‘(AA) add a chemical 

15 substance to a current 

16 batch; or 

17 ‘‘(BB) hold the chem18 ical substance until the next 

19 batch of chemical substances 

20 for recategorization. 

21 ‘‘(v) DESIGNATION TO ONLY 1 CAT22 EGORY.—A chemical substance shall not be 

23 simultaneously in more than 1 of the cat24 egories designated under clause (i) through 

25 (iv). 

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1 ‘‘(4) PRIORITIZATION OF CHEMICAL SUB2 STANCES.— 

3 ‘‘(A) TIMING.— 

4 ‘‘(i) INITIAL BATCH.—Not later than 

5 270 days after the date of promulgation of 

6 regulations pursuant to paragraph (1), the 

7 Administrator shall publish, subject to sec8 tion 14, the priority class assignments, 

9 using the priority classes described in sub10 paragraph (B), for the chemical substances 

11 in the initial batch of chemical substances 

12 identified under subsection (a)(3) that the 

13 Administrator has assigned to the category 

14 of chemical substances to undergo safety 

15 standard determinations. 

16 ‘‘(ii) SUBSEQUENT BATCHES.—Not 

17 later than 270 days after the date on 

18 which the Administrator designates each 

19 subsequent batch of chemical substances 

20 under subsection (a)(2)(A), the Adminis21 trator shall publish the priority class as22 signments for the chemical substances in 

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1 stances to undergo safety standard deter2 minations. 

3 ‘‘(B) CRITERIA.—The criteria used by the 

4 Administrator to assign chemical substances to 

5 priority classes shall take into account— 

6 ‘‘(i) potential impacts of the chemical 

7 substance on human health and the envi8 ronment; 

9 ‘‘(ii) the hazard potential of the chem10 ical substance, including classifications and 

11 designations of hazard characteristics by 

12 other authoritative entities; 

13 ‘‘(iii) the potential for exposure to the 

14 chemical substance; and 

15 ‘‘(iv) measurements of exposure for a 

16 given pathway of exposure, if available and 

17 reliable, in preference to less direct indica18 tors of, or surrogates for, exposure poten19 tial for the same pathway. 

20 ‘‘(C) PRIORITY CLASSES.—The regulations 

21 promulgated pursuant to paragraph (1) shall 

22 establish the following priority classes and cri23 teria, and further specify the process the Ad24 ministrator will use to assign to the priority 

25 classes the chemical substances in each batch 

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1 that the Administrator has assigned to the cat2 egory of chemical substances to undergo safety 

3 standard determinations: 

4 ‘‘(i) PRIORITY CLASS 1.— 

5 ‘‘(I) IN GENERAL.—In each 

6 batch, the Administrator shall des7 ignate as Priority Class 1 those chem8 ical substances that the Administrator 

9 determines warrant safety standard 

10 determinations in the near term. 

11 ‘‘(II) INITIAL ASSIGNMENT.—The 

12 Administrator shall in each batch ini13 tially designate as Priority Class 1 

14 chemical substances that possess rel15 atively greater hazard potential and 

16 for which there is evidence of more 

17 significant or widespread exposure. 

18 ‘‘(III) REASSIGNMENT.—As safe19 ty standard determinations for the 

20 chemical substance are completed, the 

21 Administrator may designate as Pri22 ority Class 1 any chemical substance 

23 initially assigned to a lower priority 

24 class, including chemical substances— 

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1 ‘‘(aa) posing significant haz2 ard concerns but of less or un3 known exposure concern; 

4 ‘‘(bb) posing significant ex5 posure concern but of less or un6 known hazard concern; or 

7 ‘‘(cc) posing less hazard and 

8 exposure concerns. 

9 ‘‘(IV) FACTORS FOR CONSIDER10 ATION.—In determining the number 

11 of chemical substances to be placed in 

12 Priority Class 1, the Administrator 

13 shall seek to balance considerations 

14 relating to— 

15 ‘‘(aa) the number of chem16 ical substances for which safety 

17 standard determinations need to 

18 be conducted; 

19 ‘‘(bb) the resources available 

20 to the Administrator for con21 ducting safety standard deter22 minations; and 

23 ‘‘(cc) the deadlines for com24 pletion of safety standard determstockstill on DSK4VPTVN1PROD with BILLS

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1 minations specified in subsection 

2 (d)(4). 

3 ‘‘(ii) PRIORITY CLASS 2.— 

4 ‘‘(I) IN GENERAL.—The Admin5 istrator shall designate as Priority 

6 Class 2 those chemical substances 

7 that the Administrator determines are 

8 of lower priority than Priority Class 1 

9 substances with respect to the timing 

10 for conducting safety standard deter11 minations. 

12 ‘‘(II) MINIMUM INFORMATION

13 SET.— 

14 ‘‘(aa) IN GENERAL.—For 

15 chemical substances designated 

16 under this clause, the Adminis17 trator shall require submission of 

18 the applicable minimum informa19 tion set specified under section 4 

20 as needed to inform prioritization 

21 decisionmaking. 

22 ‘‘(bb) TIMING.—The min23 imum information set shall be 

24 submitted to the Administrator— 

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1 ‘‘(AA) not later than 5 

2 years after the date of en3 actment of the Safe Chemi4 cals Act of 2013 for chem5 ical substances in the initial 

6 batch identified under sub7 section (a)(3) that are as8 signed to Priority Class 2; 

9 and 

10 ‘‘(BB) not later than 5 

11 years after the assignment 

12 of a chemical substance to 

13 Priority Class 2 under this 

14 clause for subsequent 

15 batches. 

16 ‘‘(III) REPRIORITIZATION.—After 

17 submission of the minimum informa18 tion set for a chemical substance 

19 under subclause (II), the Adminis20 trator shall, if warranted, recategorize 

21 or otherwise reprioritize the chemical 

22 substance using the priority classes 

23 and process described in this para24 graph, together with other chemical 

25 substances in the batch undergoing 

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1 prioritization at the time of the sub2 mission. 

3 ‘‘(IV) REPRIORITIZATION TO PRI4 ORITY CLASS 1.—As safety standard 

5 determinations are completed on Pri6 ority Class 1 chemical substances pur7 suant to subsection (d), the Adminis8 trator shall reprioritize Priority Class 

9 2 substances as Priority Class 1 at a 

10 pace consistent with— 

11 ‘‘(aa) the resources available 

12 to the Administrator for con13 ducting safety standard deter14 minations; and 

15 ‘‘(bb) the deadlines for com16 pletion of safety standard deter17 minations specified in subsection 

18 (d)(4). 

19 ‘‘(iii) PRIORITY CLASS 3.— 

20 ‘‘(I) IN GENERAL.—The Admin21 istrator shall designate as Priority 

22 Class 3 those chemical substances 

23 that the Administrator determines 

24 may be set aside for further assess25 ment until such time as— 

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1 ‘‘(aa) safety standard deter2 minations are completed on all 

3 Priority Class 1 and 2 sub4 stances; or 

5 ‘‘(bb) new information arises 

6 that warrants reprioritization of 

7 such a substance to a higher pri8 ority class. 

9 ‘‘(II) MINIMUM INFORMATION

10 SET.— 

11 ‘‘(aa) IN GENERAL.—For a 

12 chemical substance designated 

13 under this clause, the Adminis14 trator shall not require submis15 sion of the applicable minimum 

16 information set specified under 

17 section 4 until such time as the 

18 chemical substance is reassigned 

19 to Priority Class 1 or 2. 

20 ‘‘(bb) SUBMISSION.—On re21 assignment of a chemical sub22 stance to Priority Class 1 or 2 

23 under item (aa), the minimum 

24 information set shall be sub25 mitted to the Administrator not 

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1 later than 5 years after the date 

2 of the reassignment. 

3 ‘‘(III) REPRIORITIZATION.—After 

4 submission of the minimum informa5 tion set for a chemical substance pur6 suant to subclause (II), the Adminis7 trator shall reprioritize the chemical 

8 substance using the priority classes 

9 and process described in this para10 graph, together with chemical sub11 stances in the batch undergoing 

12 prioritization at the time of the sub13 mission. 

14 ‘‘(IV) REPRIORITIZATION TO PRI15 ORITY CLASSES 1 AND 2.—In conjunc16 tion with the reprioritization by the 

17 Administrator of Priority Class 2 sub18 stances as Priority Class 1, the Ad19 ministrator shall reprioritize Priority 

20 Class 3 substances as Priority Class 1 

21 or 2, at a pace consistent with— 

22 ‘‘(aa) the resources available 

23 to the Administrator for con24 ducting safety standard deter25 minations; and 

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1 ‘‘(bb) the deadlines for com2 pletion of safety standard deter3 minations specified in subsection 

4 (d)(4). 

5 ‘‘(c) TREATMENT AS FINAL AGENCY ACTION; NO JU6 DICIAL REVIEW; NONDISCRETIONARY DUTY.— 

7 ‘‘(1) IN GENERAL.—The designation by the Ad8 ministrator of batches of chemical substances pursu9 ant to subsection (a), the assignment of chemical 

10 substances to categories pursuant to subsection 

11 (b)(3), and the assignment of chemical substances to 

12 priority classes pursuant to subsection (b)(4), in13 cluding any determination of the Administrator to 

14 include a specific chemical substance in, or exclude 

15 a specific chemical substance from, a designated 

16 batch, category, or priority class under this section, 

17 shall not be— 

18 ‘‘(A) considered to be a final agency action 

19 for the purpose of subchapter II of chapter 5, 

20 and chapter 7, of title 5, United States Code 

21 (commonly known as ‘the Administrative Proce22 dure Act’); or 

23 ‘‘(B) subject to judicial review. 

24 ‘‘(2) FAILURE TO ACT.—A failure by the Ad25 ministrator to designate or publish a list of chemical 

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1 substances assigned to a batch, category, or priority 

2 class in accordance with this subsection shall be— 

3 ‘‘(A) considered to be a failure to perform 

4 a nondiscretionary duty; and 

5 ‘‘(B) subject to judicial review. 

6 ‘‘(d) SAFETY STANDARD DETERMINATIONS FOR

7 CHEMICAL SUBSTANCES.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) APPLICATION.—This paragraph ap10 plies to any determination or redetermination 

11 regarding whether a chemical substance meets 

12 the safety standards of this Act. 

13 ‘‘(B) RESPONSIBILITIES.— 

14 ‘‘(i) IN GENERAL.—For purposes of 

15 this Act, each manufacturer and processor 

16 of a chemical substance shall at all times 

17 bear the burden of proof in any legal pro18 ceeding relating to a decision of the Ad19 ministrator regarding whether the chemical 

20 substance meets the safety standard. 

21 ‘‘(ii) DUTIES.—For purposes of this 

22 Act— 

23 ‘‘(I) it shall be the duty of the 

24 manufacturer or processor of a chem25 ical substance to provide sufficient inmstockstill on DSK4VPTVN1PROD with BILLS

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1 formation for the Administrator to de2 termine whether the chemical sub3 stance meets the safety standard; and 

4 ‘‘(II) it shall be the duty of the 

5 Administrator to determine whether a 

6 chemical substance meets the safety 

7 standard. 

8 ‘‘(2) ASSESSMENT OF RISK.— 

9 ‘‘(A) ASSESSMENT.— 

10 ‘‘(i) IN GENERAL.—A chemical sub11 stance that undergoes a safety standard 

12 determination under this section may be 

13 manufactured, processed, or distributed in 

14 commerce only if the Administrator deter15 mines that the chemical substance— 

16 ‘‘(I) meets the safety standard, 

17 taking into account any existing con18 ditions or controls already in effect; or 

19 ‘‘(II) can meet the safety stand20 ard for all or some uses through the 

21 imposition of additional conditions. 

22 ‘‘(ii) REQUIREMENT.—Any assess23 ment of risk used to support a determina24 tion that a chemical substance meets the 

25 safety standard under clause (i) shall be 

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1 conducted by employees of the Environ2 mental Protection Agency who are com3 petent to conduct such assessments. 

4 ‘‘(B) SAFETY STANDARD.— 

5 ‘‘(i) IN GENERAL.—The Administrator 

6 shall base a determination of whether a 

7 safety standard for a chemical substance 

8 has been met under subparagraph (A) sole9 ly on considerations of human health and 

10 the environment, including the health of 

11 vulnerable populations. 

12 ‘‘(ii) CONSIDERATIONS.—In making a 

13 safety standard determination under this 

14 subsection, for each chemical substance, 

15 the Administrator shall— 

16 ‘‘(I) to the extent practicable, re17 view and incorporate any available sci18 entific information relating to the ef19 fect of cumulative exposure relevant to 

20 that chemical substance on human 

21 health and the environment; and 

22 ‘‘(II) find that a chemical sub23 stance meets the safety standard only 

24 if the Administrator finds that there 

25 is a reasonable certainty that no harm 

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1 will result to human health or the en2 vironment from aggregate exposure to 

3 the chemical substance. 

4 ‘‘(C) FINANCIAL INTERESTS.—No person 

5 conducting an assessment described in subpara6 graph (A), or a peer review of such an assess7 ment, may have a direct or indirect financial in8 terest in the outcome of the assessment. 

9 ‘‘(D) METHODOLOGY.— 

10 ‘‘(i) IN GENERAL.—Subject to clause 

11 (ii), the Administrator shall use the best 

12 available science when conducting an as13 sessment described in subparagraph (A). 

14 ‘‘(ii) CONSIDERATIONS.—For the pur15 pose of determining the current best avail16 able science the Administrator shall base 

17 the determination on the recommendations 

18 of the National Academy of Sciences in the 

19 report entitled ‘Science and Decisions’. 

20 ‘‘(iii) REVIEW.—Not later than 5 

21 years after the date of enactment of the 

22 Safe Chemicals Act of 2013, and not less 

23 frequently than once every 5 years there24 after, the Administrator shall review the 

25 methodology under this paragraph and 

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1 may revise the methodology to reflect new 

2 scientific developments or understandings. 

3 ‘‘(E) SCOPE.—An assessment described in 

4 subparagraph (A) shall address health or envi5 ronmental impacts including potential or dem6 onstrated cancer and noncancer endpoints. 

7 ‘‘(F) TRANSPARENCY.—In carrying out 

8 this subsection, the Administrator shall ensure 

9 that the approaches and resulting assessments 

10 are communicated in a manner that is trans11 parent and understandable to— 

12 ‘‘(i) the public; and 

13 ‘‘(ii) risk managers. 

14 ‘‘(G) MANUFACTURE OR PROCESSING FOR

15 EXPORT.—In the case of a chemical substance 

16 that is manufactured or processed in whole or 

17 in part for export, in determining whether the 

18 chemical substance meets the safety standard 

19 under subparagraph (A)(i), the Administrator 

20 shall take into account any risk— 

21 ‘‘(i) that the chemical substance may 

22 pose in the United States, including risks 

23 involving long-range transport of the chem24 ical substance in the environment; or 

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1 ‘‘(ii) involving the import of articles 

2 and mixtures containing the chemical sub3 stance. 

4 ‘‘(H) RISK ASSESSMENT NOT REQUIRED.— 

5 The Administrator shall not be required to con6 duct a risk assessment to determine that a 

7 manufacturer or processor has not met the bur8 den of proof under paragraph (1)(B). 

9 ‘‘(I) NO JUDICIAL REVIEW.—A determina10 tion by the Administrator that a manufacturer 

11 or processor has not established that the chem12 ical substance meets the applicable safety 

13 standard under this subsection shall not be sub14 ject to judicial review. 

15 ‘‘(3) INFORMATION FOR SAFETY STANDARD DE16 TERMINATIONS.— 

17 ‘‘(A) IN GENERAL.—In making a safety 

18 standard determination with respect to a chem19 ical substance, the Administrator— 

20 ‘‘(i) shall take into consideration in21 formation regarding the chemical sub22 stance that is already available to the Ad23 ministrator at the time the determination 

24 is to be made, including information— 

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1 ‘‘(I) received by the Adminis2 trator from manufacturers or proc3 essors under this section or section 8; 

4 ‘‘(II) contained in any minimum 

5 information sets previously required 

6 under section 4; 

7 ‘‘(III) voluntarily submitted by 

8 manufacturers and processors in ac9 cordance with subsection (b)(2)(B); 

10 ‘‘(IV) submitted by any other 

11 party to the Administrator that is rel12 evant to the conduct of a safety 

13 standard determination of the chem14 ical substance; or 

15 ‘‘(V) identified through an active 

16 search by the Administrator of infor17 mation sources that are publicly avail18 able or otherwise accessible to the Ad19 ministrator; 

20 ‘‘(ii) shall require information needed 

21 to complete the applicable minimum infor22 mation set for the chemical substance re23 quired under section 4(a); 

24 ‘‘(iii) may require, by regulation or 

25 order pursuant to section 4(b) or 8(e), 

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1 manufacturers or processors of the chem2 ical substance to develop and submit any 

3 additional information the Administrator 

4 determines is needed to conduct the safety 

5 standard determination of the chemical 

6 substance; and 

7 ‘‘(iv) shall take into consideration, but 

8 not rely on, assessments of safety or anal9 yses of the effectiveness of existing control 

10 measures— 

11 ‘‘(I) submitted to the Adminis12 trator by any party; or 

13 ‘‘(II) conducted by a govern14 mental entity in another jurisdiction. 

15 ‘‘(4) TIMING OF SAFETY STANDARD DETER16 MINATIONS.— 

17 ‘‘(A) PRIORITY CLASS 1.— 

18 ‘‘(i) IN GENERAL.—Beginning with 

19 chemical substances initially designated as 

20 Priority Class 1 under subsection 

21 (b)(4)(C)(i), the Administrator shall con22 duct safety standard determinations of all 

23 chemical substances assigned to the cat24 egory of substances to undergo safety 

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1 standard determinations pursuant to sub2 section (b)(3)(B)(iii). 

3 ‘‘(ii) INITIAL BATCH.—Not later than 

4 5 years after the date of enactment of the 

5 Safe Chemicals Act of 2013, the Adminis6 trator shall complete and publish safety 

7 standard determinations for all chemical 

8 substances designated as Priority Class 1 

9 substances in the initial batch of chemical 

10 substances identified under subsection 

11 (a)(3). 

12 ‘‘(iii) SUBSEQUENT BATCHES.—Not 

13 later than 5 years after the date on which 

14 the Administrator designates chemical sub15 stances as Priority Class 1 in each subse16 quent batch of chemical substances under 

17 subsection (a)(2)(A), the Administrator 

18 shall complete and publish safety standard 

19 determinations for those Priority Class 1 

20 substances in the batch. 

21 ‘‘(B) PRIORITY CLASSES 2 AND 3.— 

22 ‘‘(i) IN GENERAL.—Each chemical 

23 substance initially designated as Priority 

24 Class 2 or 3 shall become subject to 

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1 minations in accordance with subsection 

2 (b)(4). 

3 ‘‘(ii) REPRIORITIZATION.—Not later 

4 than 5 years after the date on which the 

5 Administrator designates a Priority Class 

6 2 or 3 substance to be Priority Class 1, the 

7 Administrator shall complete and publish 

8 the safety standard determination on the 

9 chemical substance. 

10 ‘‘(C) NOTICE OF OVERDUE DETERMINA11 TION.—If the Administrator fails to act by an 

12 applicable deadline under subparagraph (A) or 

13 (B), each manufacturer and processor of a 

14 chemical substance for which the Administrator 

15 has failed to act shall provide to the Adminis16 trator, the public, employees and recognized 

17 bargaining agents of any employees who are 

18 represented by bargaining agents of the manu19 facturer or processor, and each known customer 

20 who has purchased the chemical substance with21 in a reasonable timeframe, as determined by 

22 the Administrator by regulation or order, a 

23 written notice that a determination by the Ad24 ministrator of the safety of the chemical sub25 stance is pending. 

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1 ‘‘(D) FAILURE OF MANUFACTURER OR

2 PROCESSOR TO MEET DUTIES.—If a manufac3 turer or processor fails to meet any duty under 

4 this paragraph for a chemical substance, the 

5 Administrator, by order, may take any action 

6 authorized under subsection (f). 

7 ‘‘(5) OUTCOME OF SAFETY STANDARD DETER8 MINATIONS.— 

9 ‘‘(A) DETERMINATION.— 

10 ‘‘(i) IN GENERAL.—In making a safe11 ty standard determination for a chemical 

12 substance, the Administrator, by order, 

13 shall determine or redetermine, as appro14 priate, whether the manufacturers and 

15 processors of the chemical substance have 

16 established that the chemical substance 

17 meets the safety standard. 

18 ‘‘(ii) CONCURRENT PUBLICATION.— 

19 The Administrator— 

20 ‘‘(I) shall seek to publish safety 

21 standard determination and risk man22 agement decisions concurrently, to the 

23 maximum extent practicable; but 

24 ‘‘(II) shall not unduly delay the 

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1 mination if more information or anal2 ysis is required to make a determina3 tion regarding risk management. 

4 ‘‘(iii) OTHER REQUIREMENTS.—The 

5 Administrator— 

6 ‘‘(I) may publish safety standard 

7 determinations for chemical sub8 stances individually or in groups; but 

9 ‘‘(II) shall publish completed de10 terminations— 

11 ‘‘(aa) not less frequently 

12 than annually; and 

13 ‘‘(bb) at a pace sufficient to 

14 demonstrate steady progress to15 ward completing all such safety 

16 standard determinations within 

17 the required timeframe. 

18 ‘‘(iv) PUBLIC NOTICE AND COM19 MENT.—The Administrator shall provide 

20 reasonable public notice and opportunity 

21 for comment on all published safety stand22 ard determinations through any reasonable 

23 means of publication and solicitation of 

24 comments, including electronic means. 

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1 ‘‘(B) POSITIVE SAFETY STANDARD DETER2 MINATION WITHOUT NEW CONDITIONS.—If the 

3 Administrator determines that a chemical sub4 stance meets the safety standard for all current 

5 uses and under conditions currently used, the 

6 Administrator shall specify in the order— 

7 ‘‘(i) the allowed uses of the chemical 

8 substance, which shall be limited to the 

9 uses evaluated in the determination; and 

10 ‘‘(ii) conditions on the specified uses 

11 that are currently used and are to be fol12 lowed to ensure the safety standard is met, 

13 including conditions relating to the manu14 facture, processing, use, distribution in 

15 commerce, or disposal of a chemical sub16 stance or mixture or article containing the 

17 chemical substance. 

18 ‘‘(C) POSITIVE SAFETY STANDARD DETER19 MINATION WITH NEW CONDITIONS.—If the Ad20 ministrator determines that a chemical sub21 stance can only meet the safety standard for a 

22 subset of all current uses or only under condi23 tions beyond those currently used, the Adminis24 trator shall specify in the order— 

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1 ‘‘(i) the allowed uses of the chemical 

2 substance, which shall be limited to the 

3 uses evaluated in the determination that 

4 the Administrator determines meet the 

5 safety standard; and 

6 ‘‘(ii) all current and all newly required 

7 conditions on the specified uses needed to 

8 ensure the safety standard is met, includ9 ing conditions relating to the manufacture, 

10 processing, use, distribution in commerce, 

11 or disposal of a chemical substance or mix12 ture or article containing the chemical sub13 stance, and any conditions described in 

14 subsection (f). 

15 ‘‘(D) EFFECTIVE DATE FOR POSITIVE

16 SAFETY STANDARD DETERMINATION.— 

17 ‘‘(i) WITHOUT NEW CONDITIONS.— 

18 Effective beginning on the date that is 90 

19 days after the date of a determination by 

20 the Administrator under subparagraph 

21 (B), no person shall manufacture, process, 

22 or distribute in commerce the chemical 

23 substance subject to the determination, or 

24 any mixture or article containing the 

25 chemical substance, for any use or under 

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1 any condition other than those specified in 

2 the determination order. 

3 ‘‘(ii) WITH NEW CONDITIONS.—Effec4 tive beginning on the date that is 18 

5 months after the date of a determination 

6 by the Administrator under subparagraph 

7 (C), except as provided in clause (iii), no 

8 person shall manufacture, process, or dis9 tribute in commerce the chemical sub10 stance subject to the determination, or any 

11 mixture or article containing the chemical 

12 substance, for any use or under any condi13 tion other than those specified in the deter14 mination order. 

15 ‘‘(iii) EXCEPTIONAL CIR16 CUMSTANCE.—The Administrator may 

17 grant a manufacturer or processor of a 

18 chemical substance a 1-time extension of 

19 the deadline for complying with a restric20 tion under clause (ii), for a period of not 

21 longer than 5 years after the date of the 

22 determination by the Administrator under 

23 subparagraph (C), if the manufacturer or 

24 processor demonstrates— 

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1 ‘‘(I) a compelling technological 

2 need to continue a restricted activity 

3 beyond the applicable 18-month time 

4 period; or 

5 ‘‘(II) that a factor wholly beyond 

6 the control of the manufacturer or 

7 processor prevents compliance with 

8 the restriction within that 18-month 

9 time period. 

10 ‘‘(E) REDETERMINATION.— 

11 ‘‘(i) IN GENERAL.—The Administrator 

12 shall initiate a redetermination of whether 

13 a chemical substance meets the safety 

14 standard if new information or significant 

15 changes in manufacture, processing, use, 

16 or distribution in commerce of the chem17 ical substance, or mixtures or articles con18 taining the chemical substance, raise a 

19 credible question as to whether the chem20 ical substance continues to meet the safety 

21 standard. 

22 ‘‘(ii) NEW METHODOLOGIES.—The 

23 Administrator may initiate a redetermina24 tion of whether a chemical substance meets 

25 the safety standard if significant changes 

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1 have occurred in the methodologies used in 

2 the initial safety standard determination 

3 such that a redetermination using the 

4 newer methodologies would provide a sig5 nificantly improved determination of the 

6 safety of the chemical substance. 

7 ‘‘(iii) NEW INFORMATION.—For a 

8 chemical substance for which a safety 

9 standard determination has been com10 pleted, the Administrator shall assess, on 

11 an ongoing basis, new information, includ12 ing that obtained from reporting under 

13 section 8, to decide whether such informa14 tion raises a credible question as to wheth15 er a chemical substance continues to meet 

16 the safety standard. 

17 ‘‘(iv) PETITION FOR REDETERMINA18 TION.— 

19 ‘‘(I) IN GENERAL.—Any person 

20 may petition the Administrator for a 

21 redetermination of whether a chemical 

22 substance continues to meet the safety 

23 standard. 

24 ‘‘(II) BASIS.—A person shall in25 clude in a petition under this clause a 

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1 description of the basis for requesting 

2 the redetermination. 

3 ‘‘(III) ACTION BY ADMINIS4 TRATOR.—On receipt of a petition 

5 under this clause, the Administrator 

6 shall— 

7 ‘‘(aa) not later than 30 days 

8 after the date of receipt, publish 

9 in the Federal Register a notice 

10 of receipt of the petition that 

11 specifies the chemical identity of 

12 the chemical substance to which 

13 the petition pertains; 

14 ‘‘(bb) make the petition 

15 available on request; 

16 ‘‘(cc) provide a reasonable 

17 opportunity for public review and 

18 comment on the petition and give 

19 due consideration to any com20 ments received; 

21 ‘‘(dd) decide whether to 

22 make the requested redetermina23 tion; and 

24 ‘‘(ee) not later than 180 

25 days after the date of receipt, 

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1 publish in the Federal Register 

2 the decision and the basis for the 

3 decision. 

4 ‘‘(v) DEADLINE FOR COMPLETION.— 

5 Each redetermination carried out under 

6 this subparagraph shall be completed by 

7 not later than 3 years after the date of the 

8 decision to make the redetermination. 

9 ‘‘(F) NEGATIVE SAFETY STANDARD DE10 TERMINATION.— 

11 ‘‘(i) RESTRICTION.—Except as pro12 vided in clause (ii) and subsection (h), ef13 fective beginning on the date that is 18 

14 months after the date on which the Admin15 istrator makes a determination under this 

16 subsection that a chemical substance fails 

17 to meet the safety standard, regardless of 

18 whether additional restrictions on use or 

19 risk management conditions are imposed, 

20 no person shall manufacture, process, or 

21 distribute in commerce that chemical sub22 stance or any mixture or article containing 

23 the chemical substance. 

24 ‘‘(ii) EXCEPTIONAL CIRCUMSTANCE.— 

25 The Administrator may grant a manufacmstockstill on DSK4VPTVN1PROD with BILLS

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1 turer or processor of a chemical substance 

2 a 1-time extension of the deadline for com3 plying with the restriction under clause (i), 

4 for a period of not longer than 5 years 

5 after the date of the determination by the 

6 Administrator under this subparagraph, if 

7 the manufacturer or processor dem8 onstrates— 

9 ‘‘(I) a compelling technological 

10 need to continue a restricted activity 

11 beyond the applicable 18-month time 

12 period; or 

13 ‘‘(II) that a factor wholly beyond 

14 the control of the manufacturer or 

15 processor prevents compliance with 

16 the restriction within that 18-month 

17 time period. 

18 ‘‘(e) EXPEDITED ACTION FOR SUBSTANCES OF VERY

19 HIGH CONCERN.— 

20 ‘‘(1) USE AND EXPOSURE ASSESSMENT.— 

21 ‘‘(A) IN GENERAL.—Not later than 180 

22 days after the date on which a chemical sub23 stance is assigned to the category of substances 

24 of very high concern under subsection 

25 (b)(3)(B)(i), the Administrator may require, by 

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1 order pursuant to section 8(g), the submission 

2 by manufacturers or processors of the chemical 

3 substance of any additional information the Ad4 ministrator determines to be necessary to con5 duct an expedited assessment of the known uses 

6 of, and exposures to, the chemical substance. 

7 ‘‘(B) PUBLICATION.—Not later than 1 

8 year after the date on which a chemical sub9 stance is assigned to the category of substances 

10 of very high concern under subsection 

11 (b)(3)(B)(i), the Administrator shall complete 

12 and publish an identification and assessment of 

13 the known uses of, and exposures to, the chem14 ical substance. 

15 ‘‘(2) EXPOSURE REDUCTION.— 

16 ‘‘(A) USE RESTRICTIONS AND OTHER CON17 DITIONS.—As soon as practicable, but not later 

18 than 18 months, after the date on which a 

19 chemical substance is assigned to the category 

20 of substances of very high concern under sub21 section (b)(3)(B)(i), the Administrator shall im22 pose, by order, use restrictions and other condi23 tions, including the conditions specified in sub24 section (f), on the manufacturing, processing, 

25 use, distribution in commerce, and disposal of 

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1 the chemical substance that the Administrator 

2 determines to be necessary to achieve the max3 imum practicable reduction in human or envi4 ronmental exposure to the chemical substance. 

5 ‘‘(B) TIMING.—Except as provided in sub6 paragraph (C) and subsection (h), effective be7 ginning on the date that is 18 months after the 

8 date of issuance by the Administrator of the 

9 order described in subparagraph (A), no person 

10 shall manufacture, process, or distribute in 

11 commerce the chemical substance subject to the 

12 determination, or any mixture or article con13 taining the chemical substance, for any use or 

14 under any condition other than those specified 

15 in the order issued under subparagraph (A). 

16 ‘‘(C) EXCEPTIONAL CIRCUMSTANCE.—The 

17 Administrator may grant a manufacturer or 

18 processor of a chemical substance a 1-time ex19 tension of the deadline for complying with the 

20 restriction under subparagraph (B), for a pe21 riod of not longer than 5 years after the date 

22 of the determination by the Administrator 

23 under this paragraph, if the manufacturer or 

24 processor demonstrates— 

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1 ‘‘(i) a compelling technological need to 

2 continue a restricted activity beyond the 

3 applicable 18-month time period; or 

4 ‘‘(ii) that a factor wholly beyond the 

5 control of the manufacturer or processor 

6 prevents compliance with the restriction 

7 within that 18-month time period. 

8 ‘‘(3) RESIDUAL RISK ASSESSMENT.—Not later 

9 than 1 year after the deadline specified in paragraph 

10 (2)(B), or of an alternative deadline provided under 

11 paragraph (2)(C), the Administrator shall— 

12 ‘‘(A) determine whether the chemical sub13 stance meets the safety standard for the chem14 ical substance, taking into account the residual 

15 risk posed by continued exposure to the chem16 ical substance; and 

17 ‘‘(B) impose any additional restrictions on 

18 use or other conditions under subsection (f) 

19 that the Administrator determines to be nec20 essary to ensure that the chemical substance 

21 meets the safety standard. 

22 ‘‘(f) RISK MANAGEMENT.—In issuing an order under 

23 subsection (d) or (e), the Administrator may impose condi24 tions on the manufacture, processing, use, distribution in 

25 commerce, or disposal of a chemical substance, or mixture 

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1 or article containing a chemical substance, including a re2 quirement— 

3 ‘‘(1) limiting the quantity of the chemical sub4 stance (or mixture or article containing that chem5 ical substance) that may be manufactured, proc6 essed, or distributed in commerce; 

7 ‘‘(2)(A) prohibiting the manufacturing, proc8 essing, or distribution in commerce of the chemical 

9 substance (or mixture or article containing that 

10 chemical substance) for a particular use in a con11 centration in excess of a level specified by the Ad12 ministrator; or 

13 ‘‘(B) limiting the quantity of the chemical sub14 stance (or mixture or article containing that chem15 ical substance) that may be manufactured, proc16 essed, or distributed in commerce for— 

17 ‘‘(i) a particular use; or 

18 ‘‘(ii) a particular use in a concentration in 

19 excess of a level specified by the Administrator; 

20 ‘‘(3) that the chemical substance (or mixture, 

21 or article containing that chemical substance) be 

22 marked with, or accompanied by, clear and adequate 

23 warnings and instructions with respect to use, dis24 tribution in commerce, or disposal, or any combina25 tion of such activities, with the form and content of 

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1 the warnings and instructions prescribed by the Ad2 ministrator; 

3 ‘‘(4) that manufacturers and processors of the 

4 chemical substance (or mixture or article containing 

5 that chemical substance)— 

6 ‘‘(A) make and retain records of the proc7 esses used to manufacture or process the chem8 ical substance (or mixture or article containing 

9 that chemical substance); and 

10 ‘‘(B) monitor or conduct tests that are rea11 sonable and necessary to ensure compliance 

12 with this Act; 

13 ‘‘(5) prohibiting or otherwise regulating any 

14 manner or method of commercial use of the chemical 

15 substance (or mixture or article containing that 

16 chemical substance); 

17 ‘‘(6) prohibiting or otherwise regulating any 

18 manner or method of disposal of the chemical sub19 stance, mixture, or article, by— 

20 ‘‘(A) the manufacturer or processor of the 

21 chemical substance (or mixture or article con22 taining that chemical substance); or 

23 ‘‘(B) any other person that uses or dis24 poses of the chemical substance (or mixture or 

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1 article containing that chemical substance) for 

2 commercial purposes; 

3 ‘‘(7) that the manufacturers and processors of 

4 the chemical substance, mixture, or article develop a 

5 risk reduction management plan, under subsection 

6 (h) or (e) of this section, to achieve a risk reduction 

7 specified by the Administrator; or 

8 ‘‘(8) that the Administrator otherwise deter9 mines is appropriate. 

10 ‘‘(g) QUALITY CONTROL ORDERS.— 

11 ‘‘(1) IN GENERAL.—If the Administrator has a 

12 reasonable basis to conclude that a particular manu13 facturer or processor is manufacturing or processing 

14 a chemical substance in a manner that may present 

15 a substantial endangerment to health or the environ16 ment, the Administrator may require, by order, that 

17 the manufacturer or processor submit to the Admin18 istrator a description of the quality control proce19 dures followed in the manufacturing or processing of 

20 the chemical substance or mixture. 

21 ‘‘(2) ORDERS.— 

22 ‘‘(A) IN GENERAL.—If the Administrator 

23 determines that quality control procedures de24 scribed in paragraph (1) are inadequate to pre25 vent a chemical substance from presenting a 

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1 risk of injury to human health or the environ2 ment, the Administrator may order the manu3 facturer or processor to revise the quality con4 trol procedures to the extent necessary to rem5 edy the inadequacy. 

6 ‘‘(B) SUBSTANTIAL ENDANGERMENT.—If 

7 the Administrator determines that quality con8 trol procedures described in paragraph (1) have 

9 resulted in the distribution in commerce of a 

10 chemical substance that may present a substan11 tial endangerment to human health or the envi12 ronment, the Administrator may order the man13 ufacturer or processor— 

14 ‘‘(i) to give notice of the 

15 endangerment to— 

16 ‘‘(I) processors or distributors (or 

17 both) in commerce of the chemical 

18 substance or mixture; and 

19 ‘‘(II) to the extent reasonably as20 certainable, any other person in pos21 session of or exposed to the chemical 

22 substance or mixture; 

23 ‘‘(ii) to give public notice of the 

24 endangerment; and 

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1 ‘‘(iii) to provide for the replacement 

2 or repurchase, as prescribed by the Admin3 istrator, of the chemical substance as the 

4 Administrator determines to be necessary 

5 to adequately protect human health or the 

6 environment. 

7 ‘‘(h) EXEMPTIONS TO RESTRICTIONS.— 

8 ‘‘(1) APPLICATION.—This subsection applies to 

9 the restrictions established under section 

10 5(b)(1)(C)(ii)(I), subsection (d)(5), and subsections 

11 (e) and (f). 

12 ‘‘(2) EXEMPTIONS.— 

13 ‘‘(A) IN GENERAL.— 

14 ‘‘(i) REQUEST.—A person who manu15 facturers, processes, distributes in com16 merce, uses, or disposes of a chemical sub17 stance, or a mixture or article containing a 

18 chemical substance may request an exemp19 tion from any restriction referred to in 

20 paragraph (1) to which they are subject 

21 for a specified use of the chemical sub22 stance. 

23 ‘‘(ii) ORDER.—The Administrator 

24 may grant, by order, an exemption from 

25 any restriction referred to in paragraph (1) 

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1 for a period of not longer than 5 years if 

2 the person has established by clear and 

3 convincing evidence that the uses to be ex4 empted meet the exemption criteria de5 scribed in subparagraph (B). 

6 ‘‘(B) CRITERIA.—The Administrator may 

7 grant an exemption for the use of a chemical 

8 substance under subparagraph (A)(ii) if— 

9 ‘‘(i) the exemption is in the para10 mount interest of national security; 

11 ‘‘(ii) the lack of availability of the 

12 chemical substance would cause significant 

13 disruption in the national economy; or 

14 ‘‘(iii) the use for which the exemption 

15 is sought is a critical or essential use for 

16 which— 

17 ‘‘(I) no feasible safer alternative 

18 for the specified use of the chemical 

19 substance is available; or 

20 ‘‘(II) the specified use of the 

21 chemical substance, as compared to 

22 all available alternatives, provides a 

23 substantial net benefit to human 

24 health, the environment, or public 

25 safety. 

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1 ‘‘(C) PUBLIC NOTICE.—If the Adminis2 trator grants an exemption for a chemical sub3 stance under this paragraph— 

4 ‘‘(i) the manufacturer or processor of 

5 the chemical substance shall provide a no6 tice of the exemption to each known pur7 chaser of— 

8 ‘‘(I) the chemical substance; and 

9 ‘‘(II) a mixture or article con10 taining the chemical substance; and 

11 ‘‘(ii) the Administrator shall provide 

12 the public with a notice of the exemption. 

13 ‘‘(D) RENEWAL.—The Administrator may 

14 renew, by order, an exemption under this para15 graph for 1 or more additional 5-year periods 

16 if the Administrator concludes, after providing 

17 public notice and an opportunity for comment, 

18 that the use of the chemical substance con19 tinues to meet the criteria described in subpara20 graph (B). 

21 ‘‘(E) CONDITIONS.— 

22 ‘‘(i) IN GENERAL.—The Administrator 

23 may impose, by order, any condition on an 

24 exemption issued under this paragraph 

25 that the Administrator determines to be 

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1 necessary to ensure the protection of 

2 human health and the environment on the 

3 use of a chemical substance exempted 

4 under this paragraph. 

5 ‘‘(ii) COMPLIANCE.—Effective imme6 diately after the Administrator establishes 

7 conditions on an exempted use under 

8 clause (i), the manufacturing, processing, 

9 or distribution in commerce of the chem10 ical substance, or any mixture or article 

11 containing the chemical substance, shall be 

12 prohibited except to the extent that the 

13 conditions are satisfied. 

14 ‘‘(3) SALE OF USED ARTICLES AND LEASE OF

15 EXISTING ARTICLES.—Any restriction referred to in 

16 paragraph (1) that would otherwise be applicable to 

17 the sale or lease of an article shall not apply to— 

18 ‘‘(A) the sale of an article that was pre19 viously purchased by an end consumer; or 

20 ‘‘(B) the lease of an article that was pur21 chased by the lessor subsequent to the manu22 facture of the article. 

23 ‘‘(4) EXTENSIONS OF EFFECTIVE DATES FOR

24 RETAIL SALE OF ARTICLES TO END CONSUMERS.— 

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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), in the case of the retail sale 

3 to an end consumer of a chemical substance (or 

4 mixture or article containing that chemical sub5 stance) that is subject to a restriction described 

6 in paragraph (1), the Administrator may ex7 tend, by order, the effective date of the restric8 tion by a period of not longer than 3 years, if 

9 the Administrator determines that the exten10 sion— 

11 ‘‘(i) is necessary and appropriate to 

12 allow for depletion of the existing retail in13 ventory; and 

14 ‘‘(ii) will not present a substantial 

15 endangerment to human health or the en16 vironment. 

17 ‘‘(B) EXCEPTION.—An extension under 

18 subparagraph (A) shall not apply to any retailer 

19 that the Administrator determines has failed to 

20 comply with an order requesting information 

21 issued by the Administrator pursuant to section 

22 8.’’; 

23 (4) in subsection (i) (as redesignated by para24 graph (2))— 

25 (A) by striking paragraph (4); and 

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1 (B) by redesignating paragraph (5) as 

2 paragraph (4); and 

3 (5) by inserting after subsection (i) (as redesig4 nated by paragraph (2)) the following: 

5 ‘‘(j) MERCURY.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), no Federal agency shall convey, sell, or 

8 distribute to any other Federal agency, any State or 

9 local government agency, or any private individual or 

10 entity any elemental mercury, other than mercury 

11 contained within an article, under the control or ju12 risdiction of the Federal agency. 

13 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

14 apply to— 

15 ‘‘(A) a transfer between Federal agencies 

16 of elemental mercury for the sole purpose of fa17 cilitating storage of mercury to carry out this 

18 Act; or 

19 ‘‘(B) a conveyance, sale, distribution, or 

20 transfer of coal. 

21 ‘‘(3) LEASES OF FEDERAL COAL.—Nothing in 

22 this subsection prohibits the leasing of coal. 

23 ‘‘(k) ASBESTOS.— 

24 ‘‘(1) EXPOSURE REDUCTION.— 

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1 ‘‘(A) CATEGORY.—Not later than 90 days 

2 after the enactment of the Safe Chemicals Act 

3 of 2013, the Administrator shall designate as4 bestos as a chemical substance of very high con5 cern under subsection (b)(3)(B)(i). 

6 ‘‘(B) USE AND EXPOSURE ASSESSMENT.— 

7 Not later than 90 days after the date on which 

8 asbestos is assigned to the category of sub9 stances of very high concern under subsection 

10 (b)(3)(B)(i), the Administrator shall complete 

11 and publish an identification and assessment of 

12 the known uses of, and exposures to asbestos. 

13 ‘‘(C) EXPOSURE REDUCTION.—As soon as 

14 practicable, but not later than 12 months after 

15 the date of enactment of the Safe Chemicals 

16 Act of 2013, the Administrator shall impose, by 

17 order, use restrictions and other conditions, in18 cluding the conditions specified in subsection (f) 

19 on the manufacturing, processing, use, distribu20 tion in commerce, and disposal of asbestos that 

21 the Administrator determines to be necessary to 

22 achieve the maximum practicable reduction in 

23 human or environmental exposure to asbestos. 

24 The Administrator shall select conditions that 

25 permanently reduce or eliminate the possibility 

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1 of exposures to the maximum extent prac2 ticable. 

3 ‘‘(D) TIMING OF EXPOSURE REDUC4 TIONS.—Except as provided in clauses (i) and 

5 (ii) of subsection (h)(2)(B), effective beginning 

6 on the date that is 12 months after the date of 

7 issuance by the Administrator of the order de8 scribed in subparagraph (C), no person shall 

9 manufacture, process, or distribute in commerce 

10 asbestos subject to the determination, or any 

11 mixture or article containing asbestos, for any 

12 use or under any condition other than those 

13 specified in the order issued under subpara14 graph (C). 

15 ‘‘(2) MANAGEMENT OF MATERIAL.— 

16 ‘‘(A) DRAFT GUIDANCE.—Not later than 

17 180 days after the date of enactment of the 

18 Safe Chemicals Act of 2013, the Administrator, 

19 in consultation with the Director of the Na20 tional Institutes of Occupational Safety and 

21 Health, shall publish draft guidance describing 

22 the steps that Federal agencies and contractors 

23 of Federal agencies shall take to enhance pro24 tections for public health and safety and the en25 vironment, and to better solicit information 

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1 from members of the public who may poten2 tially be affected by asbestos, when Federal 

3 agencies and contractors of Federal Agencies 

4 handle or dispose of asbestos. The Adminis5 trator shall allow 30 days of public comment on 

6 this draft guidance and hold no fewer than two 

7 public meetings on this draft guidance in com8 munities impacted by asbestos contamination. 

9 ‘‘(B) FINAL GUIDANCE.—Not later than 

10 12 months after the date of enactment of the 

11 Safe Chemicals Act of 2013, the Administrator, 

12 in consultation with the Director of the Na13 tional Institutes of Occupational Safety and 

14 Health, shall publish final guidance describing 

15 the steps that Federal agencies and contractors 

16 of Federal Agencies shall take to enhance pro17 tections for public health and safety and the en18 vironment when handling and disposing of as19 bestos. The final guidance shall also include 

20 steps that shall be taken to better solicit infor21 mation from and protect the health and safety 

22 of people located near areas where asbestos is 

23 located, where asbestos is transported, and 

24 where asbestos disposal occurs. 

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1 ‘‘(3) DEFINITION.—For purposes of this sec2 tion, the term ‘asbestos’ has the meaning given such 

3 term under section 202(3). 

4 ‘‘(4) NO EFFECT ON COMPLIANCE WITH ENVI5 RONMENTAL LAWS.—Nothing in paragraph (2) or 

6 any amendment made by paragraph (2) shall be con7 strued to affect or limit the application of or obliga8 tion to comply with any environmental law, including 

9 the Comprehensive Environmental Response, Com10 pensation, and Liability Act of 1980 (42 U.S.C. 

11 9601 et seq.). 

12 ‘‘(l) CERTIFICATION.—Each submission required 

13 under this section (or a regulation or order promulgated 

14 or issued by the Administrator pursuant to this section) 

15 shall be accompanied by a certification signed by a respon16 sible official of the manufacturer or processor that each 

17 statement contained in the submission— 

18 ‘‘(1) is accurate and reliable; and 

19 ‘‘(2) includes all material facts required by the 

20 applicable provision of this section or rule or order 

21 under this section. 

22 ‘‘(m) EFFECTIVE DATE.—In any regulation or order 

23 under this section, the Administrator shall specify the date 

24 on which the regulation or order shall take effect, which 

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1 date shall be as soon as practicable after the date of pro2 mulgation or issuance of the regulation or order.’’. 

3 (b) DEFINITION OF ASBESTOS.—Section 202(3) of 

4 the Toxic Substances Control Act (15 U.S.C. 2642(3)) is 

5 amended— 

6 (1) in subparagraph (E), by striking ‘‘or’’; 

7 (2) in subparagraph (F), by striking the period 

8 at the end and inserting ‘‘, and’’; and 

9 (3) by adding at the end the following 

10 ‘‘(G) any material formally classified as 

11 tremolite, including— 

12 ‘‘(i) winchire asbestos, and 

13 ‘‘(ii) richterite asbestos, and 

14 ‘‘(H) any asbestiform amphibole mineral.’’. 

15 SEC. 8. IMMINENT HAZARDS. 

16 Section 7 of the Toxic Substances Control Act (15 

17 U.S.C. 2606) is amended to read as follows: 

18 ‘‘SEC. 7. IMMINENT HAZARDS. 

19 ‘‘(a) ACTIONS AUTHORIZED AND REQUIRED.— 

20 ‘‘(1) IN GENERAL.—The Administrator may 

21 commence a civil action in an appropriate district 

22 court of the United States for— 

23 ‘‘(A) seizure of a chemical substance or 

24 mixture, or any article containing a chemical 

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1 minent and substantial endangerment to health 

2 or the environment; 

3 ‘‘(B) relief authorized under subsection (b) 

4 against any person that— 

5 ‘‘(i) manufactures, processes, distrib6 utes in commerce, uses, or disposes of a 

7 chemical substance or mixture, or any arti8 cle containing a chemical substance or mix9 ture, if the manufacture, processing, dis10 tribution in commerce, use, or disposal 

11 may present an imminent and substantial 

12 endangerment to health or the environ13 ment; or 

14 ‘‘(ii) contributes to an activity de15 scribed in clause (i); or 

16 ‘‘(C) both seizure and relief described in 

17 subparagraphs (A) and (B), respectively. 

18 ‘‘(2) OTHER ACTIONS.— 

19 ‘‘(A) IN GENERAL.—The Administrator 

20 may issue such orders as are necessary to pro21 tect health or the environment from any manu22 facturing, processing, distribution in commerce, 

23 use, or disposal of a chemical substance or mix24 ture, or any article containing such a substance 

25 or mixture, that may present an imminent and 

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1 substantial endangerment to health or the envi2 ronment, as determined by the Administrator. 

3 ‘‘(B) REQUIREMENT.—An order under 

4 subparagraph (A) may include such require5 ments imposed on the manufacture, processing, 

6 distribution in commerce, use, or disposal of a 

7 chemical substance or mixture, or article con8 taining the chemical substance or mixture, as 

9 the Administrator determines are necessary to 

10 protect health or the environment, including— 

11 ‘‘(i) the requirements described in sec12 tion 6(c); and 

13 ‘‘(ii) the relief authorized under sub14 section (b). 

15 ‘‘(3) RELATIONSHIP TO EXISTING RULES, OR16 DERS, AND PROCEEDINGS.—A civil action may be 

17 commenced under paragraph (1), or other action 

18 may be taken under paragraph (2), notwith19 standing— 

20 ‘‘(A) the existence of a rule or order under 

21 this Act; and 

22 ‘‘(B) the pendency of any administrative or 

23 judicial proceeding under this Act. 

24 ‘‘(b) RELIEF AUTHORIZED.— 

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1 ‘‘(1) IN GENERAL.—The district court of the 

2 United States in which a civil action under sub3 section (a)(1) is brought shall have jurisdiction to 

4 grant such temporary or permanent relief as are 

5 necessary to protect health or the environment from 

6 the risk associated with the activity involved in the 

7 civil action. 

8 ‘‘(2) TYPES OF RELIEF.—In the case of a civil 

9 action under subsection (a)(1) brought against a 

10 person that manufactures, processes, distributes in 

11 commerce, uses, or disposes of a chemical substance 

12 or mixture or an article containing a chemical sub13 stance or mixture, the relief authorized by para14 graph (1) may include— 

15 ‘‘(A) the issuance of a mandatory order 

16 imposing any of the requirements described in 

17 section 6(c); and 

18 ‘‘(B) in the case of purchasers of the sub19 stance, mixture, or article known to the defend20 ant— 

21 ‘‘(i) notification to the purchasers of 

22 the risk associated with the substance, 

23 mixture, or article; 

24 ‘‘(ii) public notice of the risk; 

25 ‘‘(iii) recall; 

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1 ‘‘(iv) the replacement or repurchase of 

2 the substance, mixture, or article; or 

3 ‘‘(v) any combination of the actions 

4 described in section 6(c) or in clauses (i) 

5 through (iv) of this subparagraph; or 

6 ‘‘(C) such other relief as is necessary to 

7 protect health or the environment from the risk 

8 associated with the activity involved in the civil 

9 action. 

10 ‘‘(3) SEIZURE AND CONDEMNATION.— 

11 ‘‘(A) IN GENERAL.—A civil action under 

12 subsection (a)(1) against a chemical substance, 

13 mixture, or article may be proceeded against by 

14 process of libel for seizure and condemnation of 

15 the chemical substance, mixture, or article. 

16 ‘‘(B) PROCEEDINGS.—Proceedings in a 

17 civil action described in subparagraph (A) shall 

18 conform, to the maximum extent practicable, to 

19 proceedings in rem in admiralty. 

20 ‘‘(c) VENUE AND CONSOLIDATION.— 

21 ‘‘(1) VENUE.— 

22 ‘‘(A) IN GENERAL.—A civil action under 

23 subsection (a)(1) against a person that manu24 factures, processes, or distributes a chemical 

25 substance or mixture or an article containing a 

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1 chemical substance or mixture may be brought 

2 in the United States District Court for the Dis3 trict of Columbia, or in any judicial district in 

4 which any of the defendants is found, resides, 

5 or transacts business. 

6 ‘‘(B) PROCESS.—Process in an action de7 scribed in subparagraph (A) may be served on 

8 a defendant in any other district in which the 

9 defendant resides or may be found. 

10 ‘‘(C) CHEMICAL SUBSTANCES, MIXTURES, 

11 OR ARTICLES.—A civil action under subsection 

12 (a)(1) against a chemical substance, mixture, or 

13 article may be brought in any United States 

14 district court within the jurisdiction of which 

15 the chemical substance, mixture, or article is 

16 found. 

17 ‘‘(D) MULTIPLE JUDICIAL DISTRICTS.—In 

18 determining the judicial district in which a civil 

19 action may be brought under subsection (a)(1) 

20 in instances in which the action may be brought 

21 in more than 1 judicial district, the Adminis22 trator shall take into account the convenience of 

23 the parties. 

24 ‘‘(E) SUBPOENAS.—Subpoenas requiring 

25 attendance of witnesses in a civil action brought 

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1 under subsection (a)(1) may be served in any 

2 judicial district. 

3 ‘‘(2) CONSOLIDATION.—If proceedings under 

4 subsection (a)(1) involving identical chemical sub5 stances, mixtures, or articles are pending in courts 

6 in 2 or more judicial districts, the proceedings shall 

7 be consolidated for trial by order of any such court 

8 on application reasonably made by any party in in9 terest, on notice to all parties in interest.’’. 

10 SEC. 9. REPORTING AND RETENTION OF INFORMATION. 

11 Section 8 of the Toxic Substances Control Act (15 

12 U.S.C. 2607) is amended to read as follows: 

13 ‘‘SEC. 8. REPORTING AND RETENTION OF INFORMATION. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) KNOWN TO, OR REASONABLY ASCERTAIN16 ABLE BY.—The term ‘known to, or reasonably ascer17 tainable by’ has the meaning given the term in sec18 tion 704.3 of title 40, Code of Federal Regulations 

19 (or successor regulations). 

20 ‘‘(2) MANUFACTURE AND PROCESS.—The terms 

21 ‘manufacture’ and ‘process’ mean manufacture and 

22 process, respectively, for commercial purposes. 

23 ‘‘(b) DECLARATIONS OF CHEMICAL SUBSTANCES IN

24 COMMERCE.— 

25 ‘‘(1) SCOPE AND CRITERIA.— 

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1 ‘‘(A) SCOPE.—The declarations described 

2 in this subsection shall apply only to chemical 

3 substances in commerce as of the date of enact4 ment of the Safe Chemicals Act of 2013. 

5 ‘‘(B) CRITERIA.—The following criteria 

6 shall apply in identifying chemical substances to 

7 which the declarations described in this sub8 section apply: 

9 ‘‘(i) CURRENT COMMERCIAL INTER10 EST.—A chemical substance in which a 

11 manufacturer or processor has a current 

12 commercial interest shall include only 

13 chemical substances that the manufacturer 

14 or processor— 

15 ‘‘(I) is currently manufacturing 

16 or processing; or 

17 ‘‘(II) has manufactured or proc18 essed in the recent past and expects 

19 to manufacture or process again in 

20 the near future. 

21 ‘‘(ii) POTENTIAL COMMERCIAL INTER22 EST.—A chemical substance in which a 

23 manufacturer or processor has a potential 

24 commercial interest shall include only a 

25 chemical substance that may serve as a 

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1 reasonable substitute for a chemical sub2 stance in which the manufacturer or proc3 essor has declared a current commercial 

4 interest. 

5 ‘‘(C) GUIDANCE.—Not later than 90 days 

6 after the date of enactment of the Safe Chemi7 cals Act of 2013, the Administrator shall issue 

8 guidance further describing the criteria de9 scribed in subparagraph (B) and specifying the 

10 supporting information manufacturers and 

11 processors are to include in declarations they 

12 submit pursuant to paragraph (2) or (3) for 

13 chemical substances in which they have a cur14 rent or potential commercial interest. 

15 ‘‘(2) DECLARATION OF CURRENT COMMERCIAL

16 INTEREST IN A CHEMICAL SUBSTANCE.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding any 

18 other provision of law, not later than 180 days 

19 after the date of enactment of the Safe Chemi20 cals Act of 2013, each manufacturer of a chem21 ical substance in which the manufacturer has a 

22 current commercial interest shall submit to the 

23 Administrator a declaration of the interest for 

24 the chemical substance. 

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1 ‘‘(B) EXCLUSIONS OR EXEMPTIONS.—Dec2 larations are required for all chemical sub3 stances in which a manufacturer has a current 

4 commercial interest, notwithstanding any exclu5 sions or exemptions from other notification or 

6 reporting requirements provided in any other 

7 provision of this Act. 

8 ‘‘(C) PROCESSORS.—A processor of a 

9 chemical substance in which the processor has 

10 a current commercial interest that meets the 

11 criteria described in paragraph (1)(B)(i) may 

12 voluntarily submit to the Administrator a dec13 laration for the chemical substance. Such a dec14 laration shall be submitted not later than 1 

15 year after the date of enactment of the Safe 

16 Chemicals Act of 2013. 

17 ‘‘(3) DECLARATION OF POTENTIAL COMMER18 CIAL INTEREST IN A CHEMICAL SUBSTANCE.— 

19 ‘‘(A) A manufacturer or processor may vol20 untarily submit to the Administrator, not later 

21 than 180 days after the date of enactment of 

22 the Safe Chemicals Act of 2013, a declaration 

23 for a chemical substance in which the manufac24 turer or processor— 

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1 ‘‘(i) does not have a current commer2 cial interest; but 

3 ‘‘(ii) has a potential commercial inter4 est that meets the criteria described in 

5 paragraph (1)(B)(ii). 

6 ‘‘(B) If a manufacturer or processor com7 mences the manufacture or processing of a 

8 chemical substance for which it submitted a 

9 declaration under this paragraph, the manufac10 turer or processor shall comply with the re11 quirements of subsection (h)(5)(B). 

12 ‘‘(4) DECLARATION OF CESSATION OF MANU13 FACTURING OR PROCESSING.—A former or current 

14 manufacturer or processor of a chemical substance 

15 in which the manufacturer or processor no longer 

16 has a commercial interest may voluntarily submit to 

17 the Administrator, not later than 180 days after the 

18 date of enactment of the Safe Chemicals Act of 

19 2013, a declaration that the manufacturer or proc20 essor has ceased, or will cease not later than 180 

21 days after the date on which the declaration is sub22 mitted, all production, importation, processing, and 

23 export of the chemical substance. 

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1 ‘‘(5) CONTENTS.—A declaration submitted 

2 under this subsection shall include for each chemical 

3 substance— 

4 ‘‘(A) the chemical identity and any special 

5 substance characteristics of the chemical sub6 stance; 

7 ‘‘(B) the identity and primary business lo8 cation of the manufacturer or processor; and 

9 ‘‘(C) information supporting the declar10 ant’s basis for meeting the applicable criteria 

11 under paragraph (1)(B). 

12 ‘‘(6) REVIEW BY ADMINISTRATOR.— 

13 ‘‘(A) IN GENERAL.—The Administrator 

14 shall— 

15 ‘‘(i) review each declaration received 

16 under this subsection to determine whether 

17 the declaration conforms to the criteria 

18 and requirements of this subsection; and 

19 ‘‘(ii)(I) for a chemical substance for 

20 which 1 or more conforming declarations 

21 are submitted under paragraph (2), add 

22 the chemical substance to the list of active 

23 chemical substances in the inventory estab24 lished under subsection (h)(1); 

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1 ‘‘(II) for a chemical substance for 

2 which the only conforming declarations 

3 submitted for the substance are submitted 

4 under paragraph (3), add the chemical 

5 substance to the list of inactive chemical 

6 substances in the inventory established 

7 under subsection (h)(5); and 

8 ‘‘(III) for a chemical substance for 

9 which the only conforming declarations 

10 submitted for the substance are submitted 

11 under paragraph (4), or for which no dec12 laration has been submitted, remove the 

13 chemical substance from the inventories es14 tablished under subsection (h). 

15 ‘‘(B) REVISIONS.—The Administrator shall 

16 allow a manufacturer or processor, as applica17 ble, to promptly revise and resubmit any dec18 laration submitted to the Administrator under 

19 this subsection if the Administrator determines 

20 that any omission or error in the original dec21 laration was not intentional. 

22 ‘‘(c) PERIODIC REPORTING BY MANUFACTURERS.— 

23 ‘‘(1) IN GENERAL.—The Administrator shall— 

24 ‘‘(A) maintain the periodic reporting pro25 gram of the agency applicable to manufacturers 

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1 of chemical substances set forth in part 711 of 

2 title 40, Code of Federal Regulations (as in ef3 fect on the date of enactment of the Safe 

4 Chemicals Act of 2013), unless such reporting 

5 requirements are superseded pursuant to sub6 paragraph (B); or 

7 ‘‘(B) establish a new periodic reporting 

8 program consistent with this subsection. 

9 ‘‘(2) RULEMAKING.— 

10 ‘‘(A) IN GENERAL.—Not later than 180 

11 days after the date of enactment of the Safe 

12 Chemicals Act of 2013, the Administrator shall 

13 specify, by rule— 

14 ‘‘(i) the chemical substances for which 

15 periodic reporting is required; and 

16 ‘‘(ii) the information a chemical man17 ufacturer is required to submit to the Ad18 ministrator for the chemical substances in19 cluded under the periodic reporting pro20 gram. 

21 ‘‘(B) EXEMPTIONS.—The rule promulgated 

22 under subparagraph (A) may exempt certain 

23 manufacturers, including small manufacturers, 

24 from— 

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1 ‘‘(i) a requirement to participate in 

2 the periodic reporting program, if the Ad3 ministrator determines that the participa4 tion of those manufacturers would not as5 sist in the administration of this Act; or 

6 ‘‘(ii) specific reporting requirements, 

7 if the Administrator determines that the 

8 value of a particular reporting require9 ment, for the administration of this Act, 

10 would not be commensurate with the bur11 den of the requirement on submitters. 

12 ‘‘(C) CONTENTS.—The rule promulgated 

13 under subparagraph (A) shall, at a minimum, 

14 require each manufacturer of a chemical sub15 stance included in the periodic reporting pro16 gram to submit to the Administrator— 

17 ‘‘(i) the chemical identity and any 

18 special substance characteristics of the 

19 chemical substance, the identity and pri20 mary business location of the manufac21 turer, and any updates to the supporting 

22 information submitted by the manufacturer 

23 in any declaration for an included chemical 

24 substance submitted under subsection (b); 

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1 ‘‘(ii) a list of health and safety studies 

2 conducted or initiated by or for, known to, 

3 or reasonably ascertainable by, the manu4 facturer with respect to each included 

5 chemical substance; 

6 ‘‘(iii) a copy of each study described 

7 in clause (ii) in the possession or control of 

8 the manufacturer that has not previously 

9 been submitted to the Administrator; and 

10 ‘‘(iv) all other information specified by 

11 the Administrator in the rules promulgated 

12 under this subsection that is known to, in 

13 the possession or control of, or reasonably 

14 ascertainable by, the manufacturer or proc15 essor that has not previously been sub16 mitted to the Administrator regarding— 

17 ‘‘(I) the physical, chemical, and 

18 toxicological properties of the chemical 

19 substance; 

20 ‘‘(II) the manufacturer’s annual 

21 production volume of the chemical 

22 substance; 

23 ‘‘(III) the uses of, and exposure 

24 and fate information relating to the 

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1 manufacturer’s production or import 

2 of the chemical substance; and 

3 ‘‘(IV) the name and location of 

4 each facility to which the manufac5 turer sends the chemical substance 

6 after manufacture for subsequent 

7 processing, distribution, or use. 

8 ‘‘(d) RECORDS TO SUPPORT DECLARATIONS AND

9 PERIODIC REPORTS.— 

10 ‘‘(1) IN GENERAL.—Each manufacturer and 

11 processor of a chemical substance that is distributed 

12 in commerce shall— 

13 ‘‘(A) maintain records of the information 

14 submitted to the Administrator under sub15 sections (b) and (c), as well as supporting infor16 mation; and 

17 ‘‘(B) submit those records or that informa18 tion to the Administrator upon request by the 

19 Administrator. 

20 ‘‘(2) BURDEN OF PROOF.—Each manufacturer 

21 and processor that submits to the Administrator a 

22 declaration under subsection (b) or a notice under 

23 subsection (h)(5)(B) shall at all times bear the bur24 den of proving that the manufacturer or processor— 

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1 ‘‘(A) has a current or potential commercial 

2 interest in the applicable chemical substance; or 

3 ‘‘(B) has ceased the production, importa4 tion, processing, and export of, the applicable 

5 chemical substance. 

6 ‘‘(e) SUBSTANCE IDENTIFICATION AND INFORMA7 TION FOR CHEMICAL PROCESSORS.— 

8 ‘‘(1) RULEMAKING.— 

9 ‘‘(A) IN GENERAL.—Not later than 1 year 

10 after the date of enactment of the Safe Chemi11 cals Act of 2013, the Administrator shall speci12 fy, by rule, the information that chemical proc13 essors are required to submit for chemical sub14 stances under this subsection as will assist the 

15 Administrator in the administration of this Act. 

16 ‘‘(B) EXEMPTIONS.—The rule promulgated 

17 under this paragraph may exempt certain proc18 essors, including small processors, from— 

19 ‘‘(i) a requirement to participate in 

20 the periodic reporting program, if the Ad21 ministrator determines that the participa22 tion of those processors would not assist in 

23 the administration of this Act; or 

24 ‘‘(ii) specific reporting requirements, 

25 if the Administrator determines that the 

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1 value of a particular reporting require2 ment, for the administration of this Act, 

3 would not be commensurate with the bur4 den of the requirement on submitters. 

5 ‘‘(2) INFORMATION REQUIREMENTS.—The rule 

6 promulgated under paragraph (1) shall— 

7 ‘‘(A) specify the information that proc8 essors are required to submit for chemical sub9 stances that are— 

10 ‘‘(i) processed for use in 1 or more 

11 consumer or commercial product cat12 egories, as determined by the Adminis13 trator; and 

14 ‘‘(ii) intentionally added to 1 or more 

15 products during processing and not inci16 dental to the end uses of the products; 

17 ‘‘(B) require each processor of a chemical 

18 substance identified under subparagraph (A) to 

19 submit the information specified in clauses (i) 

20 through (iii) of subparagraph (C) for the chem21 ical substance, and to submit the information 

22 specified in clauses (iv) through (viii) of sub23 paragraph (C)— 

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1 ‘‘(i) separately for each applicable 

2 consumer and commercial product cat3 egory; and 

4 ‘‘(ii) in aggregate form, taking into 

5 account the use by the processor of the 

6 chemical substance in all product cat7 egories; 

8 ‘‘(C) require each processor of a chemical 

9 substance identified under subparagraph (A) to 

10 identify in the submission of the processor— 

11 ‘‘(i) the corporate name and primary 

12 business location of the processor; 

13 ‘‘(ii) the chemical identity and any 

14 special substance characteristics of the 

15 chemical substance; 

16 ‘‘(iii) the applicable consumer or com17 mercial product category or categories for 

18 which the processor processes the chemical 

19 substance; 

20 ‘‘(iv) the annual volume of the chem21 ical substance processed by the submitter; 

22 ‘‘(v) any products intended for use by 

23 children aged 14 years or younger for use 

24 in which the processor processes the chem25 ical substance; 

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1 ‘‘(vi) the concentration range within 

2 which the maximum concentration of the 

3 substance used in each consumer and com4 mercial product category falls; 

5 ‘‘(vii) the range within which the total 

6 number of commercial workers reasonably 

7 likely to be exposed to the chemical sub8 stance at the processing site falls; and 

9 ‘‘(viii) any other information regard10 ing processing activities or product 

11 descriptors relating to the processor’s proc12 essing of the chemical substance identified 

13 by the Administrator as necessary to un14 derstand the potential exposure from proc15 essed chemical substances or products in 

16 which the chemical substances are used; 

17 and 

18 ‘‘(D) require each processor to periodically 

19 report the information described in subpara20 graphs (B) and (C) for the chemical substances 

21 described in subparagraph (A). 

22 ‘‘(3) RECORDS.—The rules promulgated under 

23 paragraph (1) shall require processors of chemical 

24 substances to which those rules apply— 

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1 ‘‘(A) to maintain records of the informa2 tion described in paragraph (2); and 

3 ‘‘(B) to submit those records to the Ad4 ministrator upon request by the Administrator. 

5 ‘‘(f) UPDATING OF INFORMATION.— 

6 ‘‘(1) IN GENERAL.—Each manufacturer or 

7 processor of a chemical substance that submits in8 formation to the Administrator under subsection (c) 

9 or (e) shall update the information— 

10 ‘‘(A) at a minimum every 4 years; and 

11 ‘‘(B) at any time that— 

12 ‘‘(i) the manufacturer or processor ob13 tains knowledge of, comes into possession 

14 of, or generates significant new informa15 tion regarding the production, processing, 

16 use, distribution, hazard, or exposure po17 tential of the chemical substance; or 

18 ‘‘(ii) there is a significant change in 

19 the production, distribution in commerce, 

20 or use of the chemical substance by or 

21 known to the manufacturer or processor. 

22 ‘‘(2) GUIDANCE.—Not later than 1 year after 

23 the date of enactment of the Safe Chemicals Act of 

24 2013, the Administrator shall issue guidance on 

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1 ing or significant changes in the production, dis2 tribution in commerce, or use of a chemical sub3 stance. 

4 ‘‘(g) REPORTS.— 

5 ‘‘(1) REQUIREMENT.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 paragraph (2), the Administrator may by rule 

8 or order require any person who manufactures, 

9 processes, distributes in commerce, uses, or dis10 poses of a chemical substance, or a mixture or 

11 article containing the chemical substance to 

12 maintain records of and report by a specified 

13 date any existing information concerning the 

14 substance that, in the judgment of the Adminis15 trator, would assist the Administrator in— 

16 ‘‘(i) making a safety standard deter17 mination with respect to a chemical sub18 stance; 

19 ‘‘(ii) determining testing or informa20 tion needs for a chemical substance; 

21 ‘‘(iii) assigning a chemical substance 

22 to a batch, category, or priority class pur23 suant to section 6; 

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1 ‘‘(iv) evaluating, developing, and im2 plementing risk management conditions for 

3 a chemical substance; 

4 ‘‘(v) assessing hazards, exposures, or 

5 risks related to the manufacture, use, dis6 tribution, processing, or disposal of a 

7 chemical substance; 

8 ‘‘(vi) determining compliance with any 

9 provision of this Act; or 

10 ‘‘(vii) any other aspect of admin11 istering this Act. 

12 ‘‘(B) CHARACTERISTICS.—The Adminis13 trator may by rule or order require that any re14 port or information submitted pursuant to this 

15 Act include chemical identity and special sub16 stance characteristics, as appropriate to the 

17 chemical substance that is the subject of the re18 port or information. 

19 ‘‘(C) REQUIRED INFORMATION.—The Ad20 ministrator shall by rule or order specify or 

21 modify the information that is required to be 

22 submitted with a particular report or informa23 tion submission to establish the chemical iden24 tity and special substance characteristics of the 

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1 cle containing that chemical substance) for the 

2 purposes of the report or information submis3 sion. 

4 ‘‘(2) EXEMPTIONS.— 

5 ‘‘(A) SMALL QUANTITIES FOR RESEARCH

6 OR ANALYSIS.—In the case of the manufacture, 

7 processing, distribution in commerce, use, or 

8 disposal of a chemical substance in small quan9 tities (as defined by the Administrator by rule) 

10 solely for purposes of scientific experimentation 

11 or analysis or chemical research (including any 

12 such research or analysis for the development of 

13 a product), the Administrator may promulgate 

14 a rule or order under paragraph (1) only to the 

15 extent that the Administrator determines that 

16 the maintenance of records, submission of re17 ports, or both, is necessary for the effective en18 forcement of this Act. 

19 ‘‘(B) SMALL BUSINESS.—The rules pro20 mulgated under this subsection may exempt 

21 certain small businesses from the rules promul22 gated under this subsection, if the Adminis23 trator determines that the participation of those 

24 small businesses would not assist in the admin25 istration of this Act. 

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1 ‘‘(h) INVENTORIES.— 

2 ‘‘(1) ACTIVE INVENTORY.—The Administrator 

3 shall compile, keep current, and, subject to section 

4 14, publish a list of each chemical substance that is 

5 manufactured or processed in the United States. 

6 ‘‘(2) CONTENTS.— 

7 ‘‘(A) IN GENERAL.—The list shall consist 

8 of those chemical substances for which— 

9 ‘‘(i) a notice is submitted under sec10 tion 5(d), consistent with the requirements 

11 of section 5(b); or 

12 ‘‘(ii) a valid declaration is submitted 

13 under paragraph (2) of subsection (b). 

14 ‘‘(B) EXCLUSIONS.—The list shall not in15 clude— 

16 ‘‘(i) any chemical substance for which 

17 the only declarations submitted are sub18 mitted under paragraph (3) or (4) of sub19 section (b), or for which no declaration has 

20 been submitted; or 

21 ‘‘(ii) any chemical substance for which 

22 an exemption has been granted under sec23 tion 5(b)(1)(C)(ii) or section 6(h)(2). 

24 ‘‘(3) TIMING.— 

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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 paragraph (2)(B), for a chemical substance for 

3 which a notice is submitted under section 5(d), 

4 the chemical substance shall be included in the 

5 list established under paragraph (1) as of the 

6 earliest date (as determined by the Adminis7 trator) on which the substance was manufac8 tured or processed in the United States. 

9 ‘‘(B) PUBLICATION.—The Administrator 

10 shall first publish a list under paragraph (1) 

11 not later than 1 year after the date of enact12 ment of the Safe Chemicals Act of 2013. 

13 ‘‘(4) SMALL QUANTITIES FOR RESEARCH OR

14 ANALYSIS.—The Administrator shall not include in 

15 the list established under paragraph (1) any chem16 ical substance that is manufactured or processed 

17 only in small quantities (as defined by the Adminis18 trator by rule) solely for purposes of scientific ex19 perimentation or analysis or chemical research on, or 

20 analysis of, the substance or another substance, in21 cluding research or analysis for the development of 

22 a product. 

23 ‘‘(5) INACTIVE INVENTORY.— 

24 ‘‘(A) IN GENERAL.—The Administrator 

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1 tion 14, publish an inactive list on which the 

2 Administrator shall include each chemical sub3 stance for which the only declarations sub4 mitted for the substance are submitted under 

5 subsection (b)(3). 

6 ‘‘(B) REQUIREMENTS.—If a manufacturer 

7 or processor commences the manufacture or 

8 processing of a chemical substance on the inac9 tive list, the manufacturer or processor shall— 

10 ‘‘(i) not less than 30 days before re11 commencing the manufacture or processing 

12 of the chemical substance, notify the Ad13 ministrator; and 

14 ‘‘(ii) provide with the notification 

15 under clause (i)— 

16 ‘‘(I) the chemical identity and 

17 any special substance characteristics 

18 of the chemical substance; 

19 ‘‘(II) the identity and primary 

20 business location of the manufacturer; 

21 ‘‘(III) a list of health and safety 

22 studies conducted or initiated by or 

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1 essor with respect to the chemical 

2 substance; 

3 ‘‘(IV) upon request of the Ad4 ministrator, a copy of each study de5 scribed in subclause (III) in the pos6 session or control of the manufacturer 

7 that has not previously been sub8 mitted to the Administrator; 

9 ‘‘(V) the projected annual manu10 facturing or processing volume for the 

11 chemical substance for each of the 

12 subsequent 3 years; 

13 ‘‘(VI) the name and location of 

14 each facility to which the chemical 

15 substance is expected to be sent, after 

16 manufacture or processing, for subse17 quent processing, distribution in com18 merce, or use; and 

19 ‘‘(VII) all other existing informa20 tion known to, in the possession or 

21 control of, or reasonably ascertainable 

22 by the manufacturer or processor that 

23 has not previously been submitted to 

24 the Administrator regarding— 

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1 ‘‘(aa) the toxicological prop2 erties of the chemical substance; 

3 and 

4 ‘‘(bb) the uses of, and expo5 sure and fate information relat6 ing to, the chemical substance. 

7 ‘‘(C) ADMINISTRATOR ACTIONS.—For any 

8 chemical substance for which the Administrator 

9 receives a valid notification under subparagraph 

10 (B), the Administrator shall promptly— 

11 ‘‘(i) move the chemical substance to 

12 the active inventory established under 

13 paragraph (1); and 

14 ‘‘(ii) add the chemical substance to 

15 the current batch of chemical substances 

16 identified pursuant to section 6(a), and 

17 categorize the chemical substance with 

18 other chemical substances in the batch, 

19 pursuant to section 6(b). 

20 ‘‘(D) ADMINISTRATION.—Disclosure of any 

21 information provided in the notice described in 

22 subparagraph (B) shall be subject to section 14. 

23 ‘‘(6) CHEMICALS NOT LISTED ON OR REMOVED

24 FROM THE INVENTORIES.—If a manufacturer or 

25 processor seeks to commence the manufacture or 

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1 processing of a chemical substance that is not listed 

2 on the inventories established under paragraph (1) 

3 or (5), or that has been removed from the inven4 tories pursuant to subsection (b)(6)(A)(ii)(III), the 

5 manufacturer or processor shall comply with section 

6 5. 

7 ‘‘(i) PUBLIC ACCESS TO SIGNIFICANT INFORMA8 TION.— 

9 ‘‘(1) ELECTRONIC DATABASE.—Not later than 

10 1 year after the date of enactment of the Safe 

11 Chemicals Act of 2013, the Administrator, through 

12 collaboration as appropriate, shall establish— 

13 ‘‘(A) an electronic, Internet-accessible 

14 database for the storing and sharing of infor15 mation relating to the toxicity and use of, and 

16 exposure to, chemical substances; and 

17 ‘‘(B) procedures for use in maintaining 

18 and updating the database. 

19 ‘‘(2) PUBLIC ACCESS.—Not later than 18 

20 months after the date of enactment of the Safe 

21 Chemicals Act of 2013 or for decisions made or in22 formation submitted after that 18-month period, not 

23 later than 90 days after the date on which a decision 

24 is made by the Administrator or information sub25 mitted under this title is received by the Adminismstockstill on DSK4VPTVN1PROD with BILLS

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1 trator, the Administrator shall, subject to section 14, 

2 make available to the public via the Internet-acces3 sible database described in paragraph (1) a descrip4 tion of all significant— 

5 ‘‘(A) decisions made by the Administrator 

6 under this title; and 

7 ‘‘(B) information submitted pursuant to 

8 this title. 

9 ‘‘(j) RECORDS OF SIGNIFICANT ADVERSE REAC10 TIONS.— 

11 ‘‘(1) IN GENERAL.—Any person that manufac12 tures, processes, or distributes in commerce any 

13 chemical substance shall maintain, and on request 

14 submit to the Administrator, records of significant 

15 adverse reactions to human health or the environ16 ment, as determined by the Administrator by rule, 

17 alleged to have been caused by the substance or mix18 ture. 

19 ‘‘(2) DURATION.— 

20 ‘‘(A) IN GENERAL.—Records of the ad21 verse reactions to the health of employees shall 

22 be retained for a period of 30 years after the 

23 date on which the reactions were first reported 

24 to or known by the person maintaining the 

25 records. 

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1 ‘‘(B) OTHER RECORDS.—Any record of 

2 other adverse reactions shall be retained for a 

3 period of 5 years after the date on which infor4 mation contained in the record was first re5 ported to or known by the person maintaining 

6 the record. 

7 ‘‘(3) CONTENTS.—Records required to be main8 tained under this subsection shall include— 

9 ‘‘(A) records of consumer allegations of 

10 personal injury or harm to health; 

11 ‘‘(B) reports of occupational disease or in12 jury; and 

13 ‘‘(C) reports or complaints of injury to the 

14 environment submitted to the manufacturer, 

15 processor, or distributor in commerce from any 

16 source. 

17 ‘‘(k) INFORMATION IN THE POSSESSION OF OTHER

18 FEDERAL AGENCIES.— 

19 ‘‘(1) SYNOPSES.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding any 

21 other provision of law, from time to time, each 

22 Federal agency and Federal institution shall 

23 submit to the Administrator a synopsis of the 

24 data and records in the possession or control of 

25 the agency or institution, respectively, that may 

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1 be useful to the Administrator in carrying out 

2 this Act. 

3 ‘‘(B) FORMAT AND CONTENT.—Not later 

4 than 1 year after the date of enactment of the 

5 Safe Chemicals Act of 2013, the Administrator 

6 shall prescribe, by order, the format, content, 

7 and level of detail of the synopses. 

8 ‘‘(C) INITIAL SUBMISSION.—Not later than 

9 18 months after the date of enactment of the 

10 Safe Chemicals Act of 2013, each Federal agen11 cy and Federal institution shall make the initial 

12 submission of a synopsis of the agency and in13 stitution, respectively, to the Administrator. 

14 ‘‘(D) UPDATES.—At least once every 3 

15 years, each Federal agency and Federal institu16 tion shall— 

17 ‘‘(i) update the synopsis of the agency 

18 and institution, respectively; and 

19 ‘‘(ii) submit the updated synopsis to 

20 the Administrator. 

21 ‘‘(2) REQUESTS BY THE ADMINISTRATOR.— 

22 Notwithstanding any other provision of law, on the 

23 request of the Administrator, any information in the 

24 possession or control of an agency or institution re25 lating to a hazard of, use of, exposure to, or risk of, 

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1 a chemical substance (or mixture or article con2 taining that chemical substance) shall be submitted 

3 to the Administrator. 

4 ‘‘(l) NOTICE TO ADMINISTRATOR OF SUBSTANTIAL

5 RISKS.—Any person that manufactures, processes, or dis6 tributes in commerce a chemical substance and that ob7 tains information that reasonably supports the conclusion 

8 that the substance presents a substantial risk of injury 

9 to health or the environment shall immediately inform the 

10 Administrator of the information unless the person has ac11 tual knowledge that the Administrator has been ade12 quately informed of the information. 

13 ‘‘(m) CERTIFICATION.—Each submission required 

14 pursuant to this section or pursuant to a rule or an order 

15 promulgated or issued by the Administrator under this 

16 section, other than a submission under subsection (k), 

17 shall be accompanied by a certification signed by a respon18 sible official of the manufacturer, processor, distributor, 

19 user, or disposer of a chemical substance that each state20 ment contained in the submission— 

21 ‘‘(1) is accurate and reliable; and 

22 ‘‘(2) includes all material facts required by the 

23 applicable provision of this section or rule or order 

24 under this section. 

25 ‘‘(n) ADMINISTRATION.— 

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1 ‘‘(1) IN GENERAL.—Nothing in this section lim2 its the authority of the Administrator to require re3 porting under any other provision of this Act by any 

4 person who manufactures, processes, distributes in 

5 commerce, uses, or disposes of a chemical substance, 

6 or a mixture or article containing a chemical sub7 stance. 

8 ‘‘(2) VIOLATIONS.—In addition to all other au9 thorities available for the enforcement of this Act, 

10 the Administrator may, by order, take any action 

11 authorized under section 6(f) if a person who manu12 factures, processes, distributes in commerce, uses, or 

13 disposes of a chemical substance, or a mixture or ar14 ticle containing a chemical substance violates any 

15 provision of this section.’’. 

16 SEC. 10. RELATIONSHIP TO OTHER FEDERAL LAWS. 

17 Section 9 of the Toxic Substances Control Act (15 

18 U.S.C. 2608) is amended— 

19 (1) in subsection (a)— 

20 (A) by striking paragraphs (1) and (2) and 

21 inserting the following: 

22 ‘‘(1) REPORT.— 

23 ‘‘(A) IN GENERAL.—If the Administrator 

24 determines that the manufacture, processing, 

25 distribution in commerce, use, or disposal of a 

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1 chemical substance, or that any combination of 

2 those activities, does not meet a safety standard 

3 under this title or requires conditions or restric4 tions in order to the meet the safety standard, 

5 and the Administrator determines that action 

6 may be taken under a Federal law not adminis7 tered by the Administrator to address the uses 

8 of, or exposure to, the chemical substance, the 

9 Administrator shall submit to the agency that 

10 administers the Federal law a report that— 

11 ‘‘(i) describes with specification the 

12 activity or combination of activities that 

13 prevent the chemical substance from meet14 ing the safety standard or restrictions or 

15 conditions required to meet the safety 

16 standard under this title; 

17 ‘‘(ii) requests that the agency— 

18 ‘‘(I) determine whether the 1 or 

19 more actions may be taken under 

20 Federal law administered by the agen21 cy; 

22 ‘‘(II) if the agency determines 

23 under clause (i) that the 1 or more 

24 actions may be taken, initiate and 

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1 provide a timetable for the 1 or more 

2 actions; and 

3 ‘‘(III) respond to the Adminis4 trator with respect to the matters de5 scribed in the report; and 

6 ‘‘(iii) includes a detailed statement of 

7 the information on which the report is 

8 based. 

9 ‘‘(B) PUBLICATION.—A report of the Ad10 ministrator submitted under subparagraph (A) 

11 shall be promptly published in the Federal Reg12 ister. 

13 ‘‘(C) ACTION BY RECIPIENT AGENCY.—Not 

14 later than 90 days after the date of receipt of 

15 a report from the Administrator under subpara16 graph (A), or by such earlier date as the Ad17 ministrator may specify in such a report, an 

18 agency that receives the report shall— 

19 ‘‘(i) make all determinations requested 

20 by the Administrator in the report; 

21 ‘‘(ii) take all action necessary to en22 sure that a chemical substance meets the 

23 safety standard under this title, if appro24 priate; 

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1 ‘‘(iii) include with the response of the 

2 agency a detailed statement of the findings 

3 and conclusions of the agency; and 

4 ‘‘(iv) publish that statement in the 

5 Federal Register. 

6 ‘‘(2) INITIATION OF ACTION.—If the Adminis7 trator submits a report under paragraph (1) with re8 spect to a chemical substance to an agency, and the 

9 agency that receives the report initiates, within the 

10 period specified in the request under paragraph (1), 

11 a civil action under Federal law administered by the 

12 agency to ensure that a chemical substance meets 

13 the safety standard under this title, or requires re14 strictions or conditions to meet that safety standard, 

15 the Administrator may not take action under this 

16 Act with respect to the civil action (other than any 

17 action taken pursuant to section 7).’’; 

18 (B) by redesignating paragraph (3) as 

19 paragraph (4); 

20 (C) by inserting after paragraph (2) the 

21 following: 

22 ‘‘(3) NO ACTION.—The Administrator may, by 

23 order, initiate action or a combination of actions 

24 under this Act to ensure compliance with the safety 

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1 standard for a chemical substance under this title 

2 if— 

3 ‘‘(A) the Administrator submits a report 

4 under paragraph (1) with respect to a chemical 

5 substance; and 

6 ‘‘(B) the agency to which the report was 

7 submitted— 

8 ‘‘(i) determines that action cannot be 

9 taken under the authorities of the agency; 

10 ‘‘(ii) does not initiate action, if appro11 priate, within the period specified in the 

12 request under paragraph (1); 

13 ‘‘(iii) does not complete the action 

14 within the timeframe provided by the agen15 cy; or 

16 ‘‘(iv) fails to respond.’’; and 

17 (D) in paragraph (4) (as redesignated by 

18 subparagraph (B))— 

19 (i) by striking ‘‘(4) If the Adminis20 trator has initiated action under section 6 

21 or 7’’ and inserting the following: 

22 ‘‘(4) CONSULTATION.—If the Administrator has 

23 initiated action under this Act’’; and 

24 (ii) by striking ‘‘against such risk’’ 

25 after ‘‘Federal action’’; 

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1 (2) in subsection (c)— 

2 (A) by striking ‘‘the Administrator shall 

3 not’’ and inserting ‘‘Administrator— 

4 ‘‘(1) shall not’’; and 

5 (B) by striking the period at the end and 

6 inserting ‘‘; and’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(2) shall ensure that any actions to address 

9 workplace exposures that the Administrator takes or 

10 requires to be taken by manufacturers or processors 

11 of a chemical substance are consistent with the in12 dustrial hygiene hierarchy of controls.’’; and 

13 (3) in subsection (d)— 

14 (A) in the first sentence, by striking ‘‘while 

15 imposing the least burden of duplicative re16 quirements on those subject to the Act and for 

17 other purposes’’; and 

18 (B) in the second sentence, by striking ‘‘, 

19 in the report required by section 30,’’. 

20 SEC. 11. INSPECTIONS AND SUBPOENAS. 

21 Section 11 of the Toxic Substances Control Act (15 

22 U.S.C. 2610) is amended to read as follows: 

23 ‘‘SEC. 11. INSPECTIONS AND SUBPOENAS. 

24 ‘‘(a) INSPECTIONS.— 

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1 ‘‘(1) IN GENERAL.—For purposes of admin2 istering this Act, the Administrator, and any duly 

3 designated representative of the Administrator, may 

4 inspect— 

5 ‘‘(A) any establishment, facility, or other 

6 premises in which chemical substances, mix7 tures, or articles subject to this Act are manu8 factured, processed, stored, or held before or 

9 after distribution in commerce; 

10 ‘‘(B) any conveyance being used to trans11 port such chemical substances, mixtures, or ar12 ticles in connection with distribution in com13 merce; and 

14 ‘‘(C) any place at which records relating to 

15 the chemical substances, mixtures, or articles, 

16 or otherwise relating to compliance with this 

17 Act, are held. 

18 ‘‘(2) METHOD.—Each inspection under para19 graph (1) shall be— 

20 ‘‘(A) commenced and completed with rea21 sonable promptness; and 

22 ‘‘(B) conducted at reasonable times, within 

23 reasonable limits, and in a reasonable manner. 

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1 ‘‘(3) SAMPLES.—The Administrator, and any 

2 duly designated representative of the Administrator, 

3 may inspect and obtain samples of any— 

4 ‘‘(A) chemical substance, mixture, or arti5 cle; and 

6 ‘‘(B) container or labeling of a chemical 

7 substance, mixture, or article. 

8 ‘‘(b) SCOPE.—An inspection conducted under sub9 section (a) shall extend to all things within the premises 

10 or conveyance inspected (including records, files, papers, 

11 processes, controls, and facilities) regarding whether the 

12 owner or operator of the premises, conveyance, or records 

13 has complied with provisions of this Act applicable to the 

14 chemical substances, mixtures, articles, or records. 

15 ‘‘(c) INFORMATION GATHERING.— 

16 ‘‘(1) IN GENERAL.—In carrying out this Act, 

17 the Administrator may require the attendance and 

18 testimony of witnesses and the production of such 

19 reports, papers, documents, items, answers to ques20 tions, and other information, including the develop21 ment of analyses and other information, as the Ad22 ministrator determines to be necessary. 

23 ‘‘(2) PAYMENT OF WITNESSES.—A witness de24 scribed in paragraph (1) shall be paid the same fees 

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1 and mileage that are paid witnesses in the courts of 

2 the United States. 

3 ‘‘(d) WARRANTS.—For purposes of enforcing this 

4 Act, upon a showing to an officer or court of competent 

5 jurisdiction that there is reason to believe that a provision 

6 of this Act has been violated, officers or employees duly 

7 designated by the Administrator are empowered to obtain 

8 and to execute warrants authorizing— 

9 ‘‘(1) entry, inspection, and copying of records 

10 for purposes of this Act; and 

11 ‘‘(2) the seizure of any chemical substance, mix12 ture, or article that is in violation of this Act.’’. 

13 SEC. 12. EXPORTS. 

14 Section 12 of the Toxic Substances Control Act (15 

15 U.S.C. 2611) is amended— 

16 (1) by striking subsection (a); 

17 (2) by redesignating subsections (b) and (c) as 

18 subsections (a) and (b), respectively; 

19 (3) in subsection (a) (as redesignated by para20 graph (2))— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘or intends to export’’; 

23 (ii) by striking ‘‘section 4 or 5(b)’’ 

24 and inserting ‘‘section 4, 5, or 6(b)’’; 

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1 (iii) by striking ‘‘or intent to export’’ 

2 and inserting ‘‘, not later than 30 days 

3 after the date of exportation of the sub4 stance or mixture,’’; and 

5 (iv) by inserting ‘‘promptly there6 after’’ before ‘‘furnish’’; 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘or intends to export’’; 

9 (ii) by striking ‘‘an order has been 

10 issued under section 5 or a rule has been 

11 proposed or promulgated under section 5 

12 or 6, or with respect to which an action is 

13 pending or relief has been granted under 

14 section 5 or 7’’ and inserting ‘‘an action 

15 has been taken pursuant to section 6 or 

16 7’’; 

17 (iii) by striking ‘‘or intent to export’’ 

18 and inserting ‘‘, not later than 30 days 

19 after the date of exportation of the sub20 stance or mixture,’’; 

21 (iv) by inserting ‘‘promptly there22 after’’ before ‘‘furnish’’; and 

23 (v) by striking ‘‘such rule, order, ac24 tion, or relief’’ and inserting ‘‘the action 

25 taken pursuant to section 6 or 7’’; and 

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1 (C) by adding at the end the following: 

2 ‘‘(3) CHANGE IN EXPORT STATUS.— 

3 ‘‘(A) IN GENERAL.—Any person that has 

4 notified the Administrator of the exportation of 

5 a chemical substance or mixture under this sec6 tion shall notify the Administrator of any 

7 change in the export status of the substance or 

8 mixture by not later than 30 days after such a 

9 change in status. 

10 ‘‘(B) UPDATED NOTICE.—The Adminis11 trator shall promptly furnish an updated notice 

12 to the governments that have been notified pur13 suant to paragraphs (1) and (2) regarding the 

14 exportation of any chemical substance or mix15 ture subject to this section if— 

16 ‘‘(i) data for the substance or mixture 

17 have been received by the Administrator 

18 pursuant to section 4, 5, 6(b), or 8; 

19 ‘‘(ii) a change has occurred in the ex20 port status of the substance or mixture; or 

21 ‘‘(iii) a change has been made in any 

22 risk management action taken pursuant to 

23 section 6 or 7 for the substance or mix24 ture.’’; 

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1 (4) in subsection (b), as redesignated by para2 graph (2) of this section— 

3 (A) by striking paragraph (2); and 

4 (B) by redesignating paragraphs (3), (4), 

5 (5), and (6) as paragraphs (2), (3), (4), and 

6 (5), respectively; and 

7 (5) by adding at the end the following: 

8 ‘‘(c) PUBLIC RECORDS.—The Administrator shall— 

9 ‘‘(1) maintain copies of all current notices pro10 vided to other governments under this section; and 

11 ‘‘(2) make such copies available to the public in 

12 electronic format.’’. 

13 SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE 

14 UNITED STATES. 

15 Section 13 of the Toxic Substances Control Act (15 

16 U.S.C. 2612) is amended— 

17 (1) by striking ‘‘Secretary of the Treasury’’ 

18 each place it appears and inserting ‘‘Secretary of 

19 Homeland Security’’; 

20 (2) in subsection (a)— 

21 (A) in paragraph (1), by striking ‘‘if—’’ 

22 and subparagraphs (A) and (B) and inserting 

23 ‘‘if the substance, mixture, or article fails to 

24 comply with or is offered for entry in violation 

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1 of any rule or order in effect under this Act.’’; 

2 and 

3 (B) by adding at the end the following: 

4 ‘‘(3) IMPORT AS PART OF AN ARTICLE.—Chem5 ical substances and mixtures imported as part of an 

6 article shall be subject to the same requirements 

7 under this Act as if the substances and mixtures had 

8 been imported in bulk, except as the Administrator 

9 may provide by rule under this Act, or as the Sec10 retary of Homeland Security may provide by rule 

11 under subsection (b).’’. 

12 SEC. 14. DISCLOSURE OF DATA. 

13 Section 14 of the Toxic Substances Control Act (15 

14 U.S.C. 2613) is amended to read as follows: 

15 ‘‘SEC. 14. DISCLOSURE OF DATA. 

16 ‘‘(a) APPLICABILITY.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

18 and except as provided under subsections (b) and 

19 (e), any information reported to, or otherwise ob20 tained by, the Administrator (or any representative 

21 of the Administrator) that is exempt from disclosure 

22 under subsection (a) of section 552 of title 5, United 

23 States Code, (commonly known as the ‘Freedom of 

24 Information Act’) under subsection (b)(4) of that 

25 section, shall not be disclosed by the Administrator 

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1 or by any officer or employee of the United States, 

2 unless the designation of the information as exempt 

3 from disclosure is prohibited under Federal law. 

4 ‘‘(2) EXEMPTIONS.— 

5 ‘‘(A) MANDATORY EXEMPTIONS.—Notwith6 standing any other provision of law, the Admin7 istrator shall disclose the information described 

8 in paragraph (1)— 

9 ‘‘(i) to any officer or employee of the 

10 United States— 

11 ‘‘(I) in connection with the offi12 cial duties of that officer or employee 

13 under any law for the protection of 

14 human health or the environment; or 

15 ‘‘(II) for specific law enforcement 

16 purposes; 

17 ‘‘(ii) to a contractor with the United 

18 States and employees of that contractor if, 

19 in the opinion of the Administrator, the 

20 disclosure is necessary for the satisfactory 

21 performance by the contractor of a con22 tract with the United States entered into 

23 on or after the date of enactment of the 

24 Safe Chemicals Act of 2013 for the per25 formance of work in connection with this 

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1 Act and under such conditions as the Ad2 ministrator may specify; 

3 ‘‘(iii) if the Administrator determines 

4 that the disclosure is necessary to protect 

5 human health or the environment; 

6 ‘‘(iv) on request, to a State or tribal 

7 government for the purpose of development 

8 or potential development, administration, 

9 or enforcement of a law, if 1 or more ap10 plicable agreements ensure that the recipi11 ent government will take appropriate steps, 

12 and has adequate authority, to maintain 

13 the confidentiality of the information in ac14 cordance with procedures comparable to 

15 those which the Administrator uses to 

16 safeguard the information; and 

17 ‘‘(v) on request, to public health or 

18 environmental health professionals or med19 ical personnel if the Administrator deter20 mines that— 

21 ‘‘(I) disclosure is in the public in22 terest; 

23 ‘‘(II) the recipient does not have 

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1 terest with respect to the submitter of 

2 the information; and 

3 ‘‘(III) 1 or more applicable 

4 agreements are in place to ensure that 

5 the recipient of the information pro6 vides comparable protections to those 

7 provided by the Administrator to 

8 maintain the confidentiality of the in9 formation. 

10 ‘‘(B) OPTIONAL EXEMPTIONS.—Notwith11 standing any other provision of law, the Admin12 istrator may disclose the information described 

13 in paragraph (1) if relevant, in any proceeding 

14 under this Act, except that disclosure in such a 

15 proceeding shall be made in such manner as to 

16 preserve confidentiality to the maximum extent 

17 practicable without impairing the proceeding. 

18 ‘‘(3) EFFECT ON OTHER LAWS.—In any pro19 ceeding under section 552(a) of title 5, United 

20 States Code (commonly referred to as the ‘Freedom 

21 of Information Act’), to obtain information, the dis22 closure of which has been denied pursuant to this 

23 section, the Administrator may not rely on sub24 section (b)(3) of that section to sustain the action of 

25 the Administrator. 

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1 ‘‘(b) CATEGORIES OF CONFIDENTIAL BUSINESS IN2 FORMATION.— 

3 ‘‘(1) INFORMATION THAT IS ALWAYS ELIGIBLE

4 FOR PROTECTION.—Subject to subsection (a)(2) and 

5 any other applicable provision of Federal law, the 

6 Administrator shall review and approve a request 

7 that conforms to the requirements described in sub8 section (c)(2) to treat as confidential under this sec9 tion the following information: 

10 ‘‘(A) Precise information describing the 

11 manufacture, processing, or distribution of a 

12 chemical substance or mixture. 

13 ‘‘(B) Marketing and sales information. 

14 ‘‘(C) Information identifying the customers 

15 of a manufacturer, processor, or distributor. 

16 ‘‘(D) Details of the full composition of a 

17 mixture of a particular manufacturer or proc18 essor. 

19 ‘‘(E) Precise information about the use, 

20 function, or application of a chemical substance 

21 or mixture in a process, mixture, or product of 

22 a particular manufacturer or processor. 

23 ‘‘(F) Precise production or import volumes 

24 of a particular manufacturer, processor, or dis25 tributor. 

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1 ‘‘(2) INFORMATION THAT MAY BE ELIGIBLE

2 FOR PROTECTION.— 

3 ‘‘(A) IN GENERAL.—Subject to subsection 

4 (a) and any other applicable provision of Fed5 eral law, and except as provided in paragraphs 

6 (1) and (3), information submitted by a manu7 facturer, processor, or distributor to the Admin8 istrator may be protected if the manufacturer, 

9 processor, or distributor complies with sub10 section (c)(2) and the Administrator determines 

11 that a request to maintain the confidentiality of 

12 the information meets the applicable require13 ments of this subsection and any rule promul14 gated by the Administrator under subsection 

15 (c)(1). 

16 ‘‘(B) IDENTITIES OF CERTAIN CHEMICAL

17 SUBSTANCES.— 

18 ‘‘(i) IN GENERAL.—Notwithstanding 

19 subparagraph (A), the Administrator shall 

20 not disclose precise information on the 

21 identity of a chemical substance if— 

22 ‘‘(I) the manufacturer or proc23 essor of the substance has, in accord24 ance with subsection (c)(2)— 

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1 ‘‘(aa) included in a notice 

2 under section 5(b) a request, in3 cluding a justification and docu4 mentation for the request, that 

5 the identity of the substance be 

6 treated as confidential business 

7 information; or 

8 ‘‘(bb) submitted to the Ad9 ministrator not later than 180 

10 days after the date of enactment 

11 of the Safe Chemicals Act of 

12 2013 a request, including a jus13 tification and documentation for 

14 the request, that the identity of a 

15 substance for which a notice has 

16 been submitted under section 

17 5(b) as of the date of enactment 

18 of the Safe Chemicals Act of 

19 2013 be treated as confidential 

20 business information; and 

21 ‘‘(II) the Administrator deter22 mines that— 

23 ‘‘(aa) the request complies 

24 with all applicable requirements 

25 of this section; 

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1 ‘‘(bb) the chemical identity 

2 is not readily discoverable 

3 through reverse engineering; 

4 ‘‘(cc) the manufacturer or 

5 processor takes reasonable meas6 ures to protect the confidentiality 

7 of the chemical substance; 

8 ‘‘(dd) no other Federal stat9 ute requires disclosure; 

10 ‘‘(ee) disclosure of the iden11 tity of the chemical substance 

12 would cause financial or competi13 tive harm to the manufacturer or 

14 processor; 

15 ‘‘(ff) the chemical substance 

16 is not, based on information that 

17 is initially available or that later 

18 becomes available to the Admin19 istrator, a known or probable re20 productive, developmental, neuro21 logical, or immunological toxi22 cant, carcinogen, or mutagen; 

23 ‘‘(gg) the chemical substance 

24 is not persistent, bioaccumula25 tive, and toxic; and 

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1 ‘‘(hh) if a safety standard 

2 determination has been made for 

3 a chemical substance, the Admin4 istrator determines that the 

5 chemical substance meets the ap6 plicable safety standard either 

7 under current conditions or 

8 under additional conditions re9 quired by the Administrator. 

10 ‘‘(ii) NOTICE.—In cases where all of 

11 the requirements specified in clause (i) are 

12 met— 

13 ‘‘(I) the notice required to be 

14 made public by the Administrator 

15 under section 5(f)(3) shall include a 

16 justification for the determination of 

17 the Administrator and identify the 

18 chemical substance by generic class 

19 unless the Administrator determines 

20 that more specific identification is re21 quired in the public interest; and 

22 ‘‘(II) as part of a claim to pro23 tect the identity of a chemical sub24 stance under subsection (c)(2), a 

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1 vide a ‘public name’ for the chemical 

2 substance for use by the Adminis3 trator when sharing information on 

4 the chemical substance under this 

5 subsection. The public names should 

6 disclose a maximum amount of infor7 mation on the chemical structure of 

8 the substance, while protecting those 

9 features of the chemical structure that 

10 are considered confidential and the 

11 disclosure of which would potentially 

12 harm the owner of that information. 

13 ‘‘(iii) DURATION OF PROTECTION FOR

14 CHEMICAL IDENTITY.—Notwithstanding 

15 subsection (c)(1)(B)(iv), the identity of a 

16 chemical substance for which a request has 

17 been submitted pursuant to clause (i)(I) 

18 and meets the requirements of clause (i) 

19 shall be protected as confidential business 

20 information— 

21 ‘‘(I) for such period of time as 

22 the Administrator, after reviewing the 

23 request, determines to be reasonable; 

24 and 

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1 ‘‘(II) upon expiration of a time 

2 period specified under this clause, for 

3 an additional 5-year period, if the Ad4 ministrator, after reviewing the re5 quest, determines that the request for 

6 protection continues to meet the cri7 teria established in this subparagraph. 

8 ‘‘(iv) PUBLICATION REQUIREMENT.— 

9 The Administrator shall annually publish a 

10 notice that— 

11 ‘‘(I) includes an updated, cumu12 lative list of each new chemical sub13 stance for which the Administrator 

14 has approved a request to protect in15 formation under this paragraph, iden16 tified by a unique identifier, other 

17 than the precise chemical identity, 

18 and including the period of time for 

19 which the protection applies; and 

20 ‘‘(II) for each chemical substance 

21 for which the protection provided 

22 under this paragraph has expired, 

23 provides the precise identity of the 

24 chemical substance, and provides pub25 lic access to any information that had 

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1 been submitted to the Administrator 

2 which concealed the identity of the 

3 chemical substance in accordance with 

4 this paragraph. 

5 ‘‘(C) IMPURITIES.—Notwithstanding sub6 paragraph (A), the Administrator may deter7 mine not to disclose information relating to the 

8 degree of purity or the identity of impurities 

9 present in a chemical substance or mixture if 

10 the Administrator determines that knowledge of 

11 the information would reveal processes used in 

12 the manufacturing or processing of the chemical 

13 substance or mixture. 

14 ‘‘(3) INFORMATION THAT IS NEVER ELIGIBLE

15 FOR PROTECTION.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 paragraph (2), the Administrator shall disclose 

18 the following information: 

19 ‘‘(i) The identity of a chemical sub20 stance. 

21 ‘‘(ii) Any safety standard determina22 tion developed under section 6, including 

23 supporting analysis developed by the Ad24 ministrator. 

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1 ‘‘(iii) Any health and safety study 

2 data that is submitted under this Act with 

3 respect to— 

4 ‘‘(I) any chemical substance or 

5 mixture— 

6 ‘‘(aa) that has been offered 

7 for commercial distribution as of 

8 the date on which the study is to 

9 be disclosed; or 

10 ‘‘(bb) for which testing is re11 quired under section 4 or for 

12 which notification is required 

13 under section 5; and 

14 ‘‘(II) any data reported to, or 

15 otherwise obtained by, the Adminis16 trator from a health and safety study 

17 that relates to a chemical substance 

18 or mixture described in subclause (I). 

19 ‘‘(iv) Health and safety data in no20 tices of substantial risk submitted pursu21 ant to section 8(l) and in the underlying 

22 studies. 

23 ‘‘(v) General information describing 

24 the manufacturing volumes, expressed in 

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1 sumer functions and uses of a chemical 

2 substance or mixture. 

3 ‘‘(vi) Any information indicating the 

4 presence of a chemical substance in con5 sumer products intended for use, or rea6 sonably expected to be used, by children 

7 aged 14 years or younger, if— 

8 ‘‘(I) the Administrator, or an9 other authoritative body, has deter10 mined that the chemical substance— 

11 ‘‘(aa) is a known or probable 

12 reproductive, developmental, neu13 rological, or immunological toxi14 cant, carcinogen, or mutagen; or 

15 ‘‘(bb) is persistent, bio16 accumulative, and toxic; or 

17 ‘‘(II) for a chemical substance for 

18 which a safety standard determination 

19 has been made, the Administrator has 

20 not found that the chemical substance 

21 meets the safety standard. 

22 ‘‘(B) PROHIBITION.—Nothing in this para23 graph authorizes the release of any data that 

24 discloses a process used in the manufacturing 

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1 ture, or in the case of a mixture, the release of 

2 data disclosing the portion of the mixture com3 prised by any of the chemical substances in the 

4 mixture. 

5 ‘‘(C) APPLICABILITY OF OTHER LAWS.— 

6 Except as provided in paragraph (2), if the Ad7 ministrator receives a request for information 

8 under section 552(a) of title 5, United States 

9 Code, (commonly known as the ‘Freedom of In10 formation Act’) for information described in 

11 subparagraph (A), which is not information de12 scribed in subparagraph (B), the Administrator 

13 shall not deny the request under subsection 

14 (b)(4) of that section. 

15 ‘‘(c) DESIGNATION AND TREATMENT OF CONFIDEN16 TIAL BUSINESS INFORMATION.— 

17 ‘‘(1) DUTIES OF THE ADMINISTRATOR.— 

18 ‘‘(A) RULES.—Not later than 1 year after 

19 the date of enactment of the Safe Chemicals 

20 Act of 2013, the Administrator shall promul21 gate rules that specify— 

22 ‘‘(i) the acceptable bases on which 

23 written requests to maintain confidentiality 

24 of information may be approved, which 

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1 shall be consistent with the requirements 

2 of this section; 

3 ‘‘(ii) the nature of the documentation 

4 and justification that must accompany 

5 such a request; and 

6 ‘‘(iii) the types of information the Ad7 ministrator determines warrant protection 

8 for an indefinite period of time, for which 

9 the term of confidentiality specified in sub10 paragraph (B)(iv)(I) shall not apply. 

11 ‘‘(B) REVIEW OF REQUESTS.— 

12 ‘‘(i) IN GENERAL.—Not later than 90 

13 days after the date of receipt of informa14 tion under paragraph (2), the Adminis15 trator shall review a request to maintain 

16 confidentiality of information submitted 

17 under this Act and determine whether to 

18 approve, modify, or deny that request 

19 based on the regulations promulgated by 

20 the Administrator under subparagraph 

21 (A). 

22 ‘‘(ii) PROCESS.—The Administrator 

23 shall, in accordance with clause (i)— 

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1 ‘‘(I) review all requests received 

2 to maintain confidentiality of sub3 mitted information; or 

4 ‘‘(II) if it is not feasible for the 

5 Administrator to review all of the re6 quests— 

7 ‘‘(aa) review all requests re8 lating to information described in 

9 subsection (b)(2)(B); and 

10 ‘‘(bb) review a representa11 tive subset that includes not less 

12 than 25 percent of all other re13 quests received; and 

14 ‘‘(III) publish in the Federal 

15 Register on at least an annual basis a 

16 description of the number and types 

17 of requests received and reviewed by 

18 the Administrator. 

19 ‘‘(iii) DENIALS.—If a request to main20 tain confidentiality of submitted informa21 tion is denied in accordance with subpara22 graph (D), the Administrator shall 

23 promptly make the information available to 

24 the public in accordance with section 

25 8(i)(2). 

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1 ‘‘(iv) APPROVALS.—If a request to 

2 maintain confidentiality of submitted infor3 mation is approved, the Administrator 

4 shall— 

5 ‘‘(I) except with respect to re6 quests subject to a rule issued pursu7 ant to subparagraph (A)(iii) and re8 quests submitted pursuant to sub9 section (b)(2)(B)(i)(I), specify a time 

10 period not to exceed 5 years for which 

11 the submitted information shall be 

12 kept confidential, unless the informa13 tion otherwise becomes available to 

14 the public during the period; and 

15 ‘‘(II) upon the expiration of the 

16 protection period, make the informa17 tion available to the public unless the 

18 manufacturer, processor, or dis19 tributor has submitted, documented, 

20 and justified to the satisfaction of the 

21 Administrator and in accordance with 

22 this subsection the basis for a renewal 

23 of the protection, for a time period 

24 not to exceed 5 years. 

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1 ‘‘(C) AUTHORITY OF THE ADMINIS2 TRATOR.—Nothing in subparagraph (A) or (B) 

3 limits the authority of the Administrator to de4 termine that particular information, previously 

5 treated as confidential, is no longer entitled to 

6 confidential treatment. 

7 ‘‘(D) NOTIFICATIONS.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), if the Administrator 

10 proposes to release information for which a 

11 request for confidential treatment has been 

12 approved under this section, the Adminis13 trator shall electronically notify the manu14 facturer, processor, or distributor in com15 merce who submitted the request of the in16 tent of the Administrator to release the in17 formation not less than 15 days prior to 

18 the release of the information. 

19 ‘‘(ii) ADMINISTRATION.—The Admin20 istrator shall release the information de21 scribed in clause (i) in accordance with the 

22 disclosure and procedural requirements of 

23 section 552 of title 5, United States Code 

24 (commonly known as the ‘Freedom of In25 formation Act’), except that— 

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1 ‘‘(I) if the release of the informa2 tion is to be made pursuant to a re3 quest made under section 552(a) of 

4 title 5, United States Code, the notice 

5 shall be given immediately upon ap6 proval of the request by the Adminis7 trator; 

8 ‘‘(II) if the Administrator deter9 mines that the release of information 

10 pursuant to subsection (a)(2)(A)(iii) 

11 is necessary to protect against immi12 nent and substantial harm to human 

13 health or the environment, no notice 

14 shall be required; and 

15 ‘‘(III) the requirements of this 

16 subparagraph shall not apply to the 

17 release of information under— 

18 ‘‘(aa) clauses (i) through 

19 (iii) of subsection (a)(2)(A); or 

20 ‘‘(bb) subsection (b)(3)(A). 

21 ‘‘(2) DUTIES OF MANUFACTURERS, PROC22 ESSORS, AND DISTRIBUTORS.— 

23 ‘‘(A) IN GENERAL.—In submitting data 

24 under this Act, a manufacturer, processor, or 

25 distributor in commerce may— 

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1 ‘‘(i) designate information, other than 

2 information described in subsection (b)(3), 

3 for which the manufacturer, processor, or 

4 distributor requests confidential treatment 

5 under subsection (a) or (b); and 

6 ‘‘(ii) submit the designated data sepa7 rately from other data submitted under 

8 this Act. 

9 ‘‘(B) REQUIREMENTS.—A designation 

10 under this paragraph shall be made in writing 

11 and in such manner as the Administrator may 

12 prescribe, and shall include— 

13 ‘‘(i) documentation and justification 

14 for each request for confidentiality, except 

15 for requests relating to the information de16 scribed in subsection (b)(1); 

17 ‘‘(ii) the period of time for which 

18 maintenance of confidentiality of the infor19 mation is requested except with respect to 

20 requests subject to a rule issued pursuant 

21 to subsection (c)(1)(A)(iii); 

22 ‘‘(iii) a certification that the informa23 tion is not otherwise publicly available; 

24 ‘‘(iv) separate copies of all submitted 

25 information, with 1 copy containing and 1 

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1 copy excluding the information to which 

2 the request applies; and 

3 ‘‘(v) any additional information re4 quired by the Administrator. 

5 ‘‘(C) REQUEST FOR RENEWAL.—Prior to 

6 the expiration of the specified time period de7 termined by the Administrator under paragraph 

8 (1)(B)(iv), a manufacturer, processor, or dis9 tributor may submit a request for renewal of 

10 protection for protected information. This re11 quest for renewal shall follow the same proce12 dures and requirements as the initial submis13 sion under subparagraphs (A) and (B). 

14 ‘‘(d) CIVIL PENALTY FOR WRONGFUL DISCLOSURE

15 OR WRONGFUL REQUESTS FOR PROTECTION.— 

16 ‘‘(1) IN GENERAL.—Any officer or employee of 

17 the United States or former officer or employee of 

18 the United States, who, by virtue of employment or 

19 official position has obtained possession of, or has 

20 access to, material the disclosure of which is prohib21 ited by subsection (a), and who knowing that disclo22 sure of the material is prohibited by that subsection, 

23 willfully discloses the material in any manner to any 

24 person not entitled to receive the information, shall 

25 be subject to appropriate disciplinary action and 

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1 subject to a civil money penalty of not more than 

2 $10,000 for each violation. 

3 ‘‘(2) APPLICABILITY OF OTHER LAWS.—Section 

4 1905 of title 18, United States Code, shall not apply 

5 with respect to the publishing, divulging, disclosure, 

6 making known, or making available of, information 

7 reported or otherwise obtained under this Act. 

8 ‘‘(3) CONTRACTORS.—For the purposes of 

9 paragraph (1), any contractor with the United 

10 States who is furnished information as authorized by 

11 subsection (a)(2), including any employee of such a 

12 contractor, shall be considered to be an employee of 

13 the United States. 

14 ‘‘(4) FALSE REQUESTS.—Any officer or em15 ployee of a company that submits information under 

16 this Act who willfully designates information as eligi17 ble for confidential treatment, knowing that the in18 formation is ineligible for such treatment, shall be 

19 subject to a civil money penalty of not more than 

20 $10,000 for each such violation. 

21 ‘‘(e) ACCESS BY CONGRESS.—Notwithstanding this 

22 section or any other provision of law, all information re23 ported to or otherwise obtained by the Administrator (or 

24 any representative of the Administrator) under this Act 

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1 shall be made available, on written request of any duly 

2 authorized committee of Congress, to that committee. 

3 ‘‘(f) RISK INFORMATION FOR WORKERS.—The Ad4 ministrator shall facilitate the sharing of information that 

5 pertains to chemical substances or mixtures or articles 

6 containing chemical substances that workers may come 

7 into contact with or may otherwise be exposed to during 

8 the course of work with those workers and representatives 

9 of each certified or recognized bargaining agent rep10 resenting those workers. Nothing in this subsection au11 thorizes disclosure of information other than those disclo12 sures that may be made pursuant to subsections (a) 

13 through (e).’’. 

14 SEC. 15. PROHIBITED ACTS. 

15 Section 15 of the Toxic Substances Control Act (15 

16 U.S.C. 2614) is amended— 

17 (1) by striking paragraph (1) and inserting the 

18 following: 

19 ‘‘(1) fail or refuse to comply with any rule, 

20 order, prohibition, restriction, or other requirement 

21 imposed by this Act or by the Administrator under 

22 this Act;’’; 

23 (2) in paragraph (2)— 

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1 (A) by striking ‘‘use’’ and inserting ‘‘man2 ufacture, process, distribute in commerce, use, 

3 or dispose of’’; 

4 (B) by striking ‘‘or mixture’’ and inserting 

5 ‘‘, mixture, or article’’; and 

6 (C) by striking ‘‘section 5 or 6, a rule or 

7 order under section 5 or 6, or an order issued 

8 in action brought under section 5 or 7’’ and in9 serting ‘‘any rule, order, prohibition, restriction, 

10 or other requirement imposed by this Act or by 

11 the Administrator under this Act’’; 

12 (3) in paragraph (3)— 

13 (A) in subparagraph (A), by inserting ‘‘ac14 curate and complete’’ after ‘‘maintain’’; 

15 (B) in subparagraph (B)— 

16 (i) by inserting ‘‘or make accurate 

17 and complete’’ after ‘‘submit’’; and 

18 (ii) by inserting ‘‘information submis19 sions, disclosures, declarations, certifi20 cations,’’ after ‘‘notices,’’; and 

21 (C) in subparagraph (C), by striking ‘‘or’’ 

22 after the semicolon; 

23 (4) in paragraph (4), by striking the period at 

24 the end and inserting a semicolon; and 

25 (5) by adding at the end the following: 

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1 ‘‘(5) make or submit a statement, declaration, 

2 disclosure, certification, writing, data set, or rep3 resentation that is materially false, in whole or in 

4 part, or to falsify or conceal any material fact, in 

5 taking any action or making any communication 

6 pursuant to this Act or pursuant to any rule or 

7 order promulgated or issued under this Act; or 

8 ‘‘(6) take any action prohibited by this Act.’’. 

9 SEC. 16. PENALTIES. 

10 Section 16 of the Toxic Substances Control Act (15 

11 U.S.C. 2615) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) in the first sentence— 

15 (I) by inserting ‘‘this Act or a 

16 rule or order promulgated or issued 

17 pursuant to this Act, as described in’’ 

18 after ‘‘a provision of’’; and 

19 (II) by striking ‘‘$25,000’’ and 

20 inserting ‘‘$37,500’’; and 

21 (ii) in the second sentence, by striking 

22 ‘‘violation of section 15 or 409’’ and in23 serting ‘‘violation of this Act’’; 

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1 (B) by redesignating paragraphs (2), (3), 

2 and (4) as paragraphs (3), (4), and (5), respec3 tively; 

4 (C) by inserting after paragraph (1) the 

5 following: 

6 ‘‘(2) In the case of any violation described in 

7 paragraph (1), the Administrator may commence a 

8 civil action in the appropriate United States district 

9 court to assess penalties pursuant to that para10 graph.’’; 

11 (D) in subparagraph (A) of paragraph (3) 

12 (as redesignated by subparagraph (B))— 

13 (i) in the first sentence, by inserting 

14 ‘‘this Act, as described in’’ before ‘‘section 

15 15 or 409’’; and 

16 (ii) in the last sentence, by striking 

17 ‘‘within 15 days of’’ and inserting ‘‘not 

18 later than 15 days after’’; 

19 (E) in the first sentence of paragraph (4) 

20 (as redesignated by subparagraph (B))— 

21 (i) by striking ‘‘paragraph (2)(A)’’ 

22 and inserting ‘‘paragraph (3)(A)’’; and 

23 (ii) by striking ‘‘the United States 

24 Court of Appeals for the District of Co25 lumbia Circuit or for any other circuit’’ 

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1 and inserting ‘‘the appropriate district 

2 court of the United States for the dis3 trict’’; and 

4 (F) in paragraph (5) (as redesignated by 

5 subparagraph (B)), by striking ‘‘paragraph (3)’’ 

6 each place it appears and inserting ‘‘paragraph 

7 (4)’’; and 

8 (2) in subsection (b)— 

9 (A) by striking ‘‘Any person’’ and inserting 

10 the following: 

11 ‘‘(1) IN GENERAL.—Any person’’; 

12 (B) by striking ‘‘or willfully’’; 

13 (C) by inserting ‘‘this Act, as described in’’ 

14 after ‘‘any provision of’’; 

15 (D) by striking ‘‘$25,000’’ and inserting 

16 ‘‘$50,000’’; 

17 (E) by striking ‘‘one year’’ and inserting 

18 ‘‘5 years’’; and 

19 (F) by adding at the end the following: 

20 ‘‘(2) IMMINENT DANGER OF DEATH OR SERIOUS

21 BODILY INJURY.— 

22 ‘‘(A) IN GENERAL.—Any individual who 

23 knowingly violates any provision of this Act and 

24 who knows at the time that the violation places 

25 another person in imminent danger of death or 

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1 serious bodily injury shall upon conviction be 

2 subject to a fine of not more than $250,000, or 

3 imprisonment of not more than 15 years, or 

4 both. 

5 ‘‘(B) OTHER PERSONS.—A person that is 

6 not an individual shall, upon conviction of vio7 lating this paragraph, be subject to a fine of 

8 not more than $1,000,000.’’. 

9 SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE. 

10 Section 17 of the Toxic Substances Control Act (15 

11 U.S.C. 2616) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘(1) The district 

15 courts’’ and all that follows through the 

16 end of subparagraph (C) and inserting the 

17 following: 

18 ‘‘(1) AUTHORITY OF THE ADMINISTRATOR.— 

19 ‘‘(A) IN GENERAL.—The Administrator 

20 may commence a civil action in the appropriate 

21 United States district court to compel compli22 ance of any person with any provision of this 

23 Act or any rule or order promulgated pursuant 

24 to this Act. 

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1 ‘‘(B) ENFORCEMENT.—The authority of 

2 the Administrator to enforce this Act includes 

3 the authority— 

4 ‘‘(i) to seek civil or criminal penalties 

5 under section 16 for any violation of this 

6 Act, as described in sections 15 and 409; 

7 ‘‘(ii) to enjoin any violation of this 

8 Act, or of a rule or order promulgated or 

9 issued under this Act, as described in sec10 tions 15 and 409; 

11 ‘‘(iii) to order the compliance of any 

12 person with any provision of this Act, or 

13 with any rule or order promulgated or 

14 issued under this Act, through an adminis15 trative proceeding (which may proceed con16 currently with action under this section), 

17 in which the Administrator may levy pen18 alties under section 16; and’’; and 

19 (ii) in subparagraph (D)— 

20 (I) by redesignating clause (i) 

21 through (iii) as subclauses (I) through 

22 (III), respectively, and indenting ap23 propriately; 

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1 (II) by striking ‘‘(D) direct any 

2 manufacturer’’ and inserting the fol3 lowing: 

4 ‘‘(iv) to order any manufacturer’’; 

5 (III) by striking ‘‘product subject 

6 to title IV’’ and inserting ‘‘article sub7 ject to this Act’’; 

8 (IV) by striking ‘‘product’’ each 

9 place it appears and inserting ‘‘arti10 cle’’; 

11 (V) by striking ‘‘of section 5, 6, 

12 or title IV’’ and inserting ‘‘this Act’’; 

13 and 

14 (VI) by striking ‘‘under section 

15 5, 6, or title IV’’ and inserting ‘‘pro16 mulgated and issued under this Act, 

17 as described in section 15 or 409,’’; 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘(2) A civil action’’ and 

20 all that follows through ‘‘described in sub21 paragraph (A) of such paragraph’’ in sub22 paragraph (A) and inserting the following: 

23 ‘‘(2) CIVIL ACTIONS.— 

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1 ‘‘(A) IN GENERAL.—The district courts of 

2 the United States shall have jurisdiction over a 

3 civil action described in paragraph (1). 

4 ‘‘(B) REQUIREMENTS.—A civil action de5 scribed in paragraph (1) may be brought— 

6 ‘‘(i) in the case of a civil action de7 scribed in subparagraphs (A) and (B) of 

8 paragraph (1)’’; 

9 (ii) in clause (i) (as so designated), by 

10 striking ‘‘of section 15’’ and inserting ‘‘of 

11 this Act, as described in section 15 or 

12 409’’; 

13 (iii) by redesignating subparagraph 

14 (B) as clause (ii) and indenting appro15 priately; and 

16 (iv) in clause (ii) (as so designated), 

17 by striking ‘‘such paragraph’’ and insert18 ing ‘‘paragraph (1)’’; and 

19 (C) in the undesignated matter following 

20 paragraph (2), by striking ‘‘In any’’ and insert21 ing the following: 

22 ‘‘(3) SERVING OF PROCESS AND SUBPOENAS.— 

23 In any’’; and 

24 (2) in the first sentence of subsection (b)— 

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1 (A) by striking ‘‘title IV’’ and inserting 

2 ‘‘this Act’’; 

3 (B) by striking ‘‘product’’ the first place it 

4 appears and inserting ‘‘article’’; and 

5 (C) by striking ‘‘product,’’ both places it 

6 appears. 

7 SEC. 18. PREEMPTION. 

8 Section 18 of the Toxic Substances Control Act (15 

9 U.S.C. 2617) is amended to read as follows: 

10 ‘‘SEC. 18. PREEMPTION. 

11 ‘‘Nothing in this Act affects the right of a State or 

12 a political subdivision of a State to adopt or enforce any 

13 regulation, requirement, or standard of performance that 

14 is different from, or in addition to, a regulation, require15 ment, liability, or standard of performance established 

16 pursuant to this Act unless compliance with both this Act 

17 and the State or political subdivision of a State regulation, 

18 requirement, or standard of performance is impossible, in 

19 which case the applicable provisions of this Act shall con20 trol.’’. 

21 SEC. 19. JUDICIAL REVIEW. 

22 Section 19 of the Toxic Substances Control Act (15 

23 U.S.C. 2618) is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (1)— 

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1 (i) by striking subparagraph (B); 

2 (ii) in subparagraph (A), by striking 

3 ‘‘(1)(A) Not later’’ and all that follows 

4 through ‘‘under title II or IV,’’ and insert5 ing the following: 

6 ‘‘(1) JUDICIAL REVIEW.—Not later than 60 

7 days after the date of the promulgation or issuance 

8 of a rule under of this Act,’’; 

9 (iii) by inserting ‘‘or order’’ after 

10 ‘‘rule’’ each place it appears; and 

11 (iv) in the second sentence, by strik12 ing ‘‘(other than in an enforcement pro13 ceeding)’’; 

14 (B) in paragraph (2)— 

15 (i) in the first sentence, by striking 

16 ‘‘paragraph (1)(A)’’ and inserting ‘‘para17 graph (1)’’; and 

18 (ii) in the second sentence, by insert19 ing ‘‘or order’’ after ‘‘rule’’; and 

20 (C) by striking paragraph (3); 

21 (2) in subsection (b), by inserting ‘‘or order’’ 

22 after ‘‘rule’’ each place it appears; and 

23 (3) in subsection (c), by striking paragraph (1) 

24 and inserting the following: 

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1 ‘‘(1) IN GENERAL.—Upon the filing of a peti2 tion under subsection (a)(1) for judicial review of a 

3 rule or order, the court shall have jurisdiction— 

4 ‘‘(A) to grant appropriate relief, including 

5 interim relief, as provided in chapter 7 of title 

6 5, United States Code; and 

7 ‘‘(B) to review the rule or order in accord8 ance with that chapter.’’. 

9 SEC. 20. CITIZENS’ CIVIL ACTION. 

10 Section 20 of the Toxic Substances Control Act (15 

11 U.S.C. 2619) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by striking ‘‘under 

14 section 4, 5, or 6, or title II or IV, or order 

15 issued under section 5 or title II or IV to re16 strain such violation,’’ and inserting ‘‘or order 

17 issued under this Act;’’; and 

18 (B) in the third sentence of the undesig19 nated language following paragraph (2), by in20 serting ‘‘, to enforce this Act or any rule pro21 mulgated or order issued under this Act, or to 

22 order the Administrator to perform an act or 

23 duty described in this Act, as the case may be’’ 

24 after ‘‘citizenship of the parties’’; and 

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1 (2) in subsection (b)(1), by striking ‘‘to re2 strain’’ and inserting ‘‘respecting’’. 

3 SEC. 21. CITIZENS’ PETITIONS. 

4 Section 21 of the Toxic Substances Control Act (15 

5 U.S.C. 2620) is amended— 

6 (1) in subsection (a), by striking ‘‘under section 

7 4, 6, or 8 or an order under section 5(e) or 

8 (6)(b)(2)’’ and inserting ‘‘, order, or any other ac9 tion authorized under this Act’’; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (1), by striking ‘‘under 

12 section 4, 6, or 8 or an order under section 

13 5(e), 6(b)(1)(A), or 6(b)(1)(B)’’ and inserting 

14 ‘‘or order or to initiate other action authorized 

15 under this Act’’; 

16 (B) in the first sentence of paragraph (3), 

17 by striking ‘‘section 4, 5, 6, or 8’’ and inserting 

18 ‘‘the applicable provisions of this Act’’; and 

19 (C) in paragraph (4)— 

20 (i) in the first sentence of subpara21 graph (A), by striking ‘‘a rulemaking pro22 ceeding’’ and inserting ‘‘proceedings au23 thorized under this Act’’; and 

24 (ii) in subparagraph (B)— 

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1 (I) in the matter preceding clause 

2 (i)— 

3 (aa) in the first sentence, by 

4 striking ‘‘a proceeding to issue a 

5 rule under section 4, 6, or 8 or 

6 an order under section 5(e) or 

7 6(b)(2)’’ and inserting ‘‘pro8 ceedings authorized under this 

9 Act’’; and 

10 (bb) by inserting ‘‘Notwith11 standing the preceding sentence, 

12 in the case of a petition to delist 

13 a chemical substance under sec14 tion 6(a), the delisting may not 

15 proceed except as authorized 

16 under that subsection.’’ after the 

17 first sentence; 

18 (II) in clause (i)— 

19 (aa) in the matter preceding 

20 subclause (I), by striking ‘‘in the 

21 case of a petition to initiate a 

22 proceeding for the issuance of a 

23 rule under section 4 or an order 

24 under section 5(e)’’ and inserting 

25 ‘‘except as provided in clause (ii), 

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1 in the case of a petition to ini2 tiate a proceeding for the 

3 issuance of a rule or an order 

4 under this Act’’; and 

5 (bb) in subclause (II), by 

6 striking ‘‘an unreasonable risk 

7 to’’ and inserting ‘‘substantial 

8 endangerment’’; and 

9 (III) in clause (ii)— 

10 (aa) by striking ‘‘issuance of 

11 a rule under section 6 or 8 or an 

12 order under section 6(b)(2)’’ and 

13 inserting ‘‘imposition or issuance 

14 of a restriction, use condition, or 

15 order under this chapter’’; 

16 (bb) by striking ‘‘an unrea17 sonable risk of injury’’ and in18 serting ‘‘a substantial 

19 endangerment’’; and 

20 (cc) by striking the period at 

21 the end and inserting a semi22 colon. 

23 SEC. 22. EMPLOYMENT EFFECTS. 

24 Section 24 of the Toxic Substances Control Act (15 

25 U.S.C. 2623) is amended— 

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1 (1) in subsection (a), in the matter preceding 

2 paragraph (1)— 

3 (A) by striking ‘‘continuing’’ and inserting 

4 ‘‘periodic’’; and 

5 (B) by striking ‘‘plant closures)’’ and all 

6 that follows through the end of paragraph (2) 

7 and inserting ‘‘plant closures) of the implemen8 tation of this Act.’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (1), in the undesignated 

11 language following subparagraph (B), by strik12 ing ‘‘section 4, 5, or 6 or a requirement of sec13 tion 5 or 6’’ and inserting ‘‘this Act’’; 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A)(ii), by strik16 ing ‘‘by order issued’’ and inserting ‘‘in 

17 writing,’’; and 

18 (ii) in subparagraph (B)— 

19 (I) in clause (i), by striking the 

20 comma after ‘‘such request’’ and in21 serting ‘‘; and’’; 

22 (II) by striking clause (ii); and 

23 (III) by redesignating clause (iii) 

24 as clause (ii); and 

25 (C) by striking paragraph (4); and 

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1 (3) by adding at the end the following: 

2 ‘‘(c) EFFECT.—Nothing in this section— 

3 ‘‘(1) requires the Administrator to amend or re4 peal any rule or order in effect under this Act; or 

5 ‘‘(2) conditions the authority of the Adminis6 trator to issue orders or promulgate rules under this 

7 Act.’’. 

8 SEC. 23. ADMINISTRATION OF THE TOXIC SUBSTANCES 

9 CONTROL ACT. 

10 Section 26 of the Toxic Substances Control Act (15 

11 U.S.C. 2625) is amended— 

12 (1) by striking subsection (b) and inserting the 

13 following: 

14 ‘‘(b) FEES.— 

15 ‘‘(1) IN GENERAL.—The Administrator may, by 

16 rule, require the payment of a reasonable fee from 

17 any person required to submit data to defray the 

18 cost of administering this Act. 

19 ‘‘(2) CONSIDERATIONS.—In setting a fee under 

20 this subsection, the Administrator shall take into ac21 count— 

22 ‘‘(A) the ability to pay of the person re23 quired to submit the data; and 

24 ‘‘(B) the cost to the Administrator of re25 viewing the data. 

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1 ‘‘(3) FEE SHARING.—Rules described in para2 graph (1) may provide for sharing a fee in any case 

3 in which the expenses of testing are shared under 

4 this Act.’’; 

5 (2) in subsection (c)— 

6 (A) in the subsection heading, by adding 

7 ‘‘AND MIXTURES’’ after ‘‘CATEGORIES’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(3) MIXTURES.—Any action authorized or re10 quired to be taken by the Administrator or any other 

11 person under any provision of this Act with respect 

12 to a chemical substance is likewise also authorized or 

13 required with respect to a mixture, if the Adminis14 trator determines that such extension is reasonable 

15 and efficient.’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(h) RULEMAKING OR ORDERS.—In carrying out this 

18 Act, the Administrator may issue such orders and pre19 scribe such regulations as are necessary to carry out this 

20 Act.’’. 

21 SEC. 24. STATE PROGRAMS. 

22 Section 28 of the Toxic Substances Control Act (15 

23 U.S.C. 2627) is amended— 

24 (1) in the first sentence of subsection (a)— 

25 (A) by striking ‘‘unreasonable’’; and 

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1 (B) by striking ‘‘is unable or is not likely 

2 to take’’ and inserting ‘‘has not taken’’; 

3 (2) by redesignating subsections (b), (c), and 

4 (d) as subsections (c), (d), and (e), respectively; 

5 (3) by inserting after subsection (a) the fol6 lowing: 

7 ‘‘(b) COORDINATION.—The Administrator shall es8 tablish a process to coordinate with States, on an on-going 

9 basis, to share data and priorities relating to the manage10 ment of chemical substances under this title and under 

11 programs operated by States, in accordance with section 

12 14.’’; and 

13 (4) in subsection (c)(2) (as redesignated by 

14 paragraph (2)), by striking ‘‘including cancer, birth 

15 defects, and gene mutations,’’. 

16 SEC. 25. AUTHORIZATION OF APPROPRIATIONS. 

17 Title I of the Toxic Substances Control Act (15 

18 U.S.C. 2601 et seq.) is amended— 

19 (1) by redesignating section 29 (15 U.S.C. 

20 2628) as section 38; 

21 (2) by redesignating section 30 (15 U.S.C. 

22 2629) as section 37; 

23 (3) by striking section 31 (Public Law 94–469; 

24 100 Stat. 2989); and 

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1 (4) by amending section 38 (as redesignated by 

2 paragraph (1)) to read as follows: 

3 ‘‘SEC. 38. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘There are authorized to be appropriated to the Ad5 ministrator to carry out this Act such sums as are nec6 essary for each of fiscal years 2013 through 2020.’’. 

7 SEC. 26. ADDITIONAL REQUIREMENTS. 

8 (a) RESTRICTIONS ON CERTAIN CHEMICAL SUB9 STANCES.—The Toxic Substances Control Act is amended 

10 by inserting after section 28 (15 U.S.C. 2627) the fol11 lowing: 

12 ‘‘SEC. 29. CHILDREN’S ENVIRONMENTAL HEALTH RE13 SEARCH PROGRAM. 

14 ‘‘(a) CHILDREN’S ENVIRONMENTAL HEALTH RE15 SEARCH PROGRAM.— 

16 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

17 after the date of enactment of the Safe Chemicals 

18 Act of 2013, the Administrator shall establish within 

19 the Environmental Protection Agency a program to 

20 be known as the ‘Children’s Environmental Health 

21 Research Program’ (referred to in this subsection as 

22 the ‘Program’). 

23 ‘‘(2) PURPOSE.—Subject to amounts made 

24 available in advance in appropriations Acts, the Ad25 ministrator may enter into contracts and make 

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1 grants under the Program to further understanding 

2 of the vulnerability of children to chemical sub3 stances and mixtures. 

4 ‘‘(3) CONSULTATION.—Contracts and grants 

5 under this section shall be provided in consultation 

6 with the Interagency Science Advisory Board on 

7 Children’s Health Research established under sub8 section (b)(1). 

9 ‘‘(b) INTERAGENCY SCIENCE ADVISORY BOARD ON

10 CHILDREN’S HEALTH RESEARCH.— 

11 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

12 after the date of enactment of the Safe Chemicals 

13 Act of 2013, the Administrator shall establish an ad14 visory board to be known as the ‘Interagency 

15 Science Advisory Board on Children’s Health Re16 search’ (referred to in this subsection as the 

17 ‘Board’). 

18 ‘‘(2) PURPOSE.—The purpose of the Board 

19 shall be to provide independent advice, expert con20 sultation, and peer review, on request of the Admin21 istrator or Congress, with respect to the scientific 

22 and technical aspects of issues relating to the imple23 mentation of this title with respect to research on 

24 protecting children’s health. 

25 ‘‘(3) COMPOSITION.—The Administrator shall— 

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1 ‘‘(A) appoint the members of the Board, 

2 including, at a minimum, representatives of— 

3 ‘‘(i) the National Institute of Environ4 mental Health Sciences; 

5 ‘‘(ii) the Centers for Disease Control 

6 and Prevention; 

7 ‘‘(iii) the National Toxicology Pro8 gram; 

9 ‘‘(iv) the National Cancer Institute; 

10 ‘‘(v) the National EPA-Tribal Science 

11 Council; and 

12 ‘‘(vi) not fewer than 3 centers of chil13 dren’s health at leading institutions of 

14 higher education; 

‘‘(B) ensure that at least 1 15 ⁄3 of the mem16 bers of the Board have specific scientific exper17 tise in the relationship of chemical exposures to 

18 prenatal, infant, and children’s health; and 

19 ‘‘(C) ensure that no individual appointed 

20 to serve on the Board has a conflict of interest 

21 that is relevant to the functions performed by 

22 the Board, unless— 

23 ‘‘(i) the individual promptly and pub24 licly discloses the conflict; and 

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1 ‘‘(ii) the Administrator determines 

2 that the conflict is unavoidable. 

3 ‘‘(4) APPLICABLE LAW.—The Board shall be 

4 subject to subchapter II of chapter 5, and chapter 

5 7, of title 5, United States Code (commonly known 

6 as the ‘Administrative Procedure Act’). 

7 ‘‘(c) PRENATAL AND INFANT EXPOSURES.— 

8 ‘‘(1) MONITORING.—If, through studies per9 formed under subsection (a) or section 4 or in any 

10 other available research, the Administrator identifies 

11 a chemical substance that may be present in human 

12 biological media that may have adverse effects on 

13 early childhood development, the Administrator shall 

14 coordinate with the Secretary of Health and Human 

15 Services to conduct, not later than 2 years after the 

16 date on which the Administrator identifies the chem17 ical substance, a biomonitoring study to determine 

18 the presence of the chemical substance in human bi19 ological media in, at a minimum, pregnant women 

20 and infants. 

21 ‘‘(2) PUBLICATION.—On completion of any 

22 study conducted under paragraph (1), the Secretary 

23 of Health and Human Services shall— 

24 ‘‘(A) notify the Administrator of the re25 sults of the study; and 

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1 ‘‘(B) publish the results of the study in a 

2 publicly available electronic format. 

3 ‘‘(3) POSITIVE RESULTS.— 

4 ‘‘(A) MANUFACTURE DISCLOSURE.—If a 

5 chemical substance or mixture is determined to 

6 be present in a study conducted under para7 graph (1), the manufacturers and processors of 

8 the chemical substance or mixture shall, not 

9 later than 180 days after the date of publica10 tion of the study, disclose to the Administrator, 

11 commercial customers of the manufacturers and 

12 processors, consumers, and the public— 

13 ‘‘(i) all known uses of the chemical 

14 substance or mixture; and 

15 ‘‘(ii) all articles in which the chemical 

16 substance or mixture is, or is expected to 

17 be, present. 

18 ‘‘(B) COST AND FORM OF DISCLOSURE.— 

19 Information under clauses (i) and (ii) of sub20 paragraph (A) shall be— 

21 ‘‘(i) made available by the Adminis22 trator in electronic format; and 

23 ‘‘(ii) made readily accessible and free 

24 of charge by each applicable manufacturer 

25 and processor in electronic format to the 

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1 commercial customers of such manufac2 turer or processor, consumers, and the 

3 public. 

4 ‘‘SEC. 30. REDUCTION OF ANIMAL-BASED TESTING. 

5 ‘‘(a) ADMINISTRATION.—The Administrator shall 

6 take action to minimize the use of animals in testing of 

7 chemical substances or mixtures, including— 

8 ‘‘(1) encouraging and facilitating, to the max9 imum extent practicable— 

10 ‘‘(A) the use of existing data of sufficient 

11 scientific quality; 

12 ‘‘(B) the use of test methods that eliminate 

13 or reduce the use of animals while providing 

14 data of high scientific quality; 

15 ‘‘(C) the grouping of 2 or more chemical 

16 substances into scientifically appropriate cat17 egories in cases in which testing of 1 chemical 

18 substance would provide reliable and useful 

19 data on others in the category; 

20 ‘‘(D) the formation of industry consortia to 

21 jointly conduct testing to avoid unnecessary du22 plication of tests; and 

23 ‘‘(E) the parallel submission of data from 

24 animal-based studies and from emerging meth25 ods and models; and 

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1 ‘‘(2) funding research and validation studies to 

2 reduce, refine, and replace the use of animal tests in 

3 accordance with this subsection. 

4 ‘‘(b) INTERAGENCY SCIENCE ADVISORY BOARD ON

5 ALTERNATIVE TESTING METHODS.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

7 after the date of enactment of the Safe Chemicals 

8 Act of 2013, the Administrator shall establish an ad9 visory board to be known as the ‘Interagency 

10 Science Advisory Board on Alternative Testing 

11 Methods’ (referred to in this subsection and sub12 section (c) as the ‘Board’). 

13 ‘‘(2) COMPOSITION.—The Administrator shall— 

14 ‘‘(A) appoint the members of the Board, 

15 including, at a minimum, representatives of— 

16 ‘‘(i) the National Institute of Environ17 mental Health Sciences; 

18 ‘‘(ii) the Centers for Disease Control 

19 and Prevention; 

20 ‘‘(iii) the National Toxicology Pro21 gram; 

22 ‘‘(iv) the National Cancer Institute; 

23 and 

24 ‘‘(v) the National EPA-Tribal Science 

25 Council; and 

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1 ‘‘(B) ensure that no individual appointed 

2 to serve on the Board has a conflict of interest 

3 that is relevant to the functions to be per4 formed, unless— 

5 ‘‘(i) the individual promptly and pub6 licly discloses the conflict; and 

7 ‘‘(ii) the Administrator determines 

8 that the conflict is unavoidable. 

9 ‘‘(3) PURPOSE.—The purpose of the Board 

10 shall be to provide independent advice and peer re11 view to Congress and the Administrator on the sci12 entific and technical aspects of issues relating to the 

13 implementation of this title with respect to mini14 mizing the use of animals in testing chemical sub15 stances or mixtures. 

16 ‘‘(4) APPLICABLE LAW.—The Board shall be 

17 subject to subchapter II of chapter 5, and chapter 

18 7, of title 5, United States Code (commonly known 

19 as the ‘Administrative Procedure Act’). 

20 ‘‘(5) REPORT.—Not later than 1 year after the 

21 date of enactment of the Safe Chemicals Act of 

22 2013, and every 3 years thereafter, the Adminis23 trator, in consultation with the Board, shall publish 

24 in the Federal Register a list of testing methods that 

25 reduce the use of animals in testing under section 4. 

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1 ‘‘(c) IMPLEMENTATION OF ALTERNATIVE TESTING

2 METHODS.—To promote the development and timely in3 corporation of new testing methods that are not animal4 based, the Administrator shall— 

5 ‘‘(1) in consultation with the Board, and after 

6 providing an opportunity for public comment, de7 velop a strategic plan to promote the development 

8 and implementation of alternative test methods and 

9 testing strategies to generate information used for 

10 safety standard determinations under section 6(b) 

11 that do not use animals, including toxicity pathway12 based risk assessment, in vitro studies, systems biol13 ogy, computational toxicology, bioinformatics, and 

14 high-throughput screening; 

15 ‘‘(2) beginning on the date that is 2 years after 

16 the date of enactment of the Safe Chemicals Act of 

17 2013 and every 2 years thereafter, submit to Con18 gress a report that describes the progress made in 

19 implementing this section; and 

20 ‘‘(3) fund and carry out research, development, 

21 performance assessment, and translational studies to 

22 accelerate the development of test methods and test23 ing strategies that are not animal-based for use in 

24 safety standard determinations under section 6(b). 

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1 ‘‘(d) CRITERIA FOR ADAPTING OR WAIVING ANIMAL

2 TESTING REQUIREMENTS.—On request from a manufac3 turer or processor that is required to conduct animal4 based testing of a chemical substance or mixture under 

5 this title, the Administrator may adapt or waive the ani6 mal testing requirement if the Administrator determines 

7 that— 

8 ‘‘(1) there is a sufficient weight of evidence 

9 from several independent sources of information to 

10 support a conclusion that a chemical substance or 

11 mixture has, or does not have, a particular property, 

12 in any case in which the information from each indi13 vidual source alone is regarded as insufficient to 

14 support the conclusion; 

15 ‘‘(2) because of 1 or more physical or chemical 

16 properties of the chemical substance or mixture, 

17 testing for a specific endpoint is technically not 

18 practicable to conduct; or 

19 ‘‘(3) a chemical substance or mixture cannot be 

20 tested in animals at concentrations that do not re21 sult in significant pain or distress, because of phys22 ical or chemical properties of the chemical substance 

23 or mixture, such as potential to cause severe corro24 sion or severe irritation to tissues. 

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1 ‘‘SEC. 31. SAFER ALTERNATIVES AND GREEN CHEMISTRY 

2 AND ENGINEERING. 

3 ‘‘(a) SAFER ALTERNATIVES PROGRAM.— 

4 ‘‘(1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of the Safe Chemicals Act of 

6 2013, the Administrator shall establish a program to 

7 create market incentives for the development of safer 

8 alternatives to existing chemical substances that re9 duce or avoid the use and generation of hazardous 

10 substances. 

11 ‘‘(2) REQUIREMENTS.—The program estab12 lished under paragraph (1) shall include— 

13 ‘‘(A) expedited review of new chemical sub14 stances for which the manufacturer or proc15 essor submits an alternatives analysis indicating 

16 that the new chemical substance is the safer al17 ternative for a particular use than existing 

18 chemical substances used for the same purpose; 

19 ‘‘(B) recognition for a chemical substance 

20 or product determined by the Administrator to 

21 be a safer alternative for a particular use by 

22 means of a special designation intended for use 

23 in marketing the safer alternative, and periodic 

24 public awards or rewards; and 

25 ‘‘(C) such other incentives, as the Adminis26 trator considers to be appropriate to encourage 

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1 the development, marketing, and use of chem2 ical substances or products determined by the 

3 Administrator to be safer alternatives for the 

4 particular uses, such as job training and worker 

5 assistance. 

6 ‘‘(b) GREEN CHEMISTRY RESEARCH NETWORK.— 

7 The Administrator shall establish a network of not less 

8 than 4 green chemistry and engineering centers, located 

9 in various regions of the United States, to support the 

10 development and adoption of safer alternatives to chemical 

11 substances, particularly chemical substances listed under 

12 section 6(a). 

13 ‘‘(c) GREEN CHEMISTRY AND ENGINEERING RE14 SEARCH GRANTS.—The Administrator shall make grants 

15 to promote and support the research, development, and 

16 adoption of safer alternatives to hazardous substances. 

17 ‘‘(d) GREEN CHEMISTRY WORKFORCE EDUCATION

18 AND TRAINING PROGRAM.— 

19 ‘‘(1) IN GENERAL.—The Administrator shall es20 tablish a program to facilitate the development of a 

21 workforce, including industrial and scientific work22 ers, that produces safer alternatives to existing 

23 chemical substances. 

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1 ‘‘(2) GOALS.—The goals of the program estab2 lished under paragraph (1) are to provide workforce 

3 training on skills that would— 

4 ‘‘(A) facilitate the expansion of green 

5 chemistry; 

6 ‘‘(B) develop scientific and technical lead7 ership in green chemistry; 

8 ‘‘(C) facilitate the successful and safe inte9 gration of green chemistry into infrastructure 

10 projects; 

11 ‘‘(D) inform and engage communities 

12 about green chemistry; and 

13 ‘‘(E) promote innovation and strong public 

14 health and environmental protections. 

15 ‘‘(3) IMPLEMENTATION.—The Administrator 

16 shall implement the program to achieve the goals of 

17 this Act, including by— 

18 ‘‘(A) helping to develop a broad range of 

19 skills relevant to the production and use of the 

20 safer alternatives, including the design, manu21 facturing, use, and disposal of the alternatives; 

22 ‘‘(B) offering to develop partnerships with 

23 educational institutions, training organizations, 

24 private sector companies, and community orga25 nizations; and 

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1 ‘‘(C) providing grants to States, units of 

2 local government, and the partnerships devel3 oped under subparagraph (B) to promote and 

4 support activities consistent with achieving the 

5 goals of the program established under this 

6 subsection. 

7 ‘‘SEC. 32. COOPERATION WITH INTERNATIONAL EFFORTS. 

8 ‘‘In cooperation with the Secretary of State and the 

9 head of any other appropriate Federal agency (as deter10 mined by the Administrator), the Administrator shall co11 operate with international efforts as appropriate— 

12 ‘‘(1) to develop a common protocol or electronic 

13 database relating to chemical substances; or 

14 ‘‘(2) to develop safer alternatives for chemical 

15 substances. 

16 ‘‘SEC. 33. RELIABLE INFORMATION AND ADVICE. 

17 ‘‘Not later than 18 months after the date of enact18 ment of the Safe Chemicals Act of 2013, the Adminis19 trator shall, by order, establish and implement procedures 

20 to ensure data reliability including, at a minimum, re21 quirements that the Administrator— 

22 ‘‘(1) not less than annually randomly inspect 

23 laboratories that develop the data required under 

24 this title on the various properties and characteris25 tics of a chemical substance; 

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1 ‘‘(2) annually perform a comprehensive data 

2 audit on a subset, as chosen by the Administrator, 

3 of the data submissions under this title; 

4 ‘‘(3) establish and maintain a registry of all 

5 health- and safety-related studies initiated in re6 sponse to requirements under this title; 

7 ‘‘(4) have access to all records of health- and 

8 safety-related studies initiated in response to re9 quirements under this title; and 

10 ‘‘(5) require the submitter of any research 

11 study conducted by a third party in response to re12 quirements under this title to disclose to the Admin13 istrator and the public, at the time of submission, 

14 the sources of any funding used for the conduct or 

15 publication of the study received by the researchers 

16 who conducted the study. 

17 ‘‘SEC. 34. HOT SPOTS. 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) DISPROPORTIONATE EXPOSURE.—The 

20 term ‘disproportionate exposure’ means residential 

21 population exposure to 1 or more toxic chemical sub22 stances or mixtures at levels that are significantly 

23 greater than the average exposure in the United 

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1 trator in accordance with the criteria established 

2 under subsection (b). 

3 ‘‘(2) LOCALITY.—The term ‘locality’ means any 

4 geographical area (including a county, city, town, 

5 neighborhood, census tract, zip code area, or other 

6 commonly understood political or geographical sub7 division) in which the Administrator identifies dis8 proportionate exposure. 

9 ‘‘(b) CRITERIA.—Not later than 180 days after the 

10 date of enactment of the Safe Chemicals Act of 2013, the 

11 Administrator shall promulgate a rule to establish criteria 

12 consistent with this section that— 

13 ‘‘(1) defines disproportionate exposure; and 

14 ‘‘(2) identifies any locality that is disproportion15 ately exposed. 

16 ‘‘(c) IDENTIFICATION.— 

17 ‘‘(1) IN GENERAL.—Not later than 120 days 

18 after the date on which the rule is promulgated 

19 under subsection (b), the Administrator shall iden20 tify localities in the United States that are subject 

21 to disproportionate exposure. 

22 ‘‘(2) USE OF DATA.—In identifying localities 

23 under paragraph (1), the Administrator— 

24 ‘‘(A) shall use data contained in the Na25 tional Air Toxic Assessment Database; and 

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1 ‘‘(B) may use other data available to the 

2 Administrator, including data developed 

3 under— 

4 ‘‘(i) the Safe Drinking Water Act (42 

5 U.S.C. 300f et seq.); 

6 ‘‘(ii) the Solid Waste Disposal Act (42 

7 U.S.C. 6901 et seq.); 

8 ‘‘(iii) the Comprehensive Environ9 mental Response, Compensation, and Li10 ability Act of 1980 (42 U.S.C. 9601 et 

11 seq.); and 

12 ‘‘(iv) the Emergency Planning and 

13 Community Right-to-Know Act of 1986 

14 (42 U.S.C. 11001 et seq.). 

15 ‘‘(3) PUBLIC PARTICIPATION.—The Adminis16 trator shall provide an opportunity for members of 

17 the public to nominate localities in which dispropor18 tionate exposure may be found for inclusion in the 

19 identification of localities under paragraph (1). 

20 ‘‘(d) LOCALITY LIST.— 

21 ‘‘(1) IN GENERAL.—Not later than 180 days 

22 after completing the identification of localities under 

23 subsection (c)(1), the Administrator, after notice 

24 and consultation with applicable State, local, county 

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1 health, and environmental officials, State, local, and 

2 county legislators, and other elected officials, shall— 

3 ‘‘(A) publish a list of the localities subject 

4 to disproportionate exposure identified under 

5 that subsection in the Federal Register; and 

6 ‘‘(B) make the list published under sub7 paragraph (A) available electronically. 

8 ‘‘(2) UPDATED LIST.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), not later than 5 years after the date 

11 on which the list is published under paragraph 

12 (1)(A), and at least once every 5 years there13 after, the Administrator shall update and re14 publish the list. 

15 ‘‘(B) DISCRETIONARY UPDATES.—The Ad16 ministrator may update and republish the list 

17 under paragraph (1) more frequently than every 

18 5 years— 

19 ‘‘(i) to add new localities that meet 

20 the criteria established under subsection 

21 (b); or 

22 ‘‘(ii) to remove localities, if the Ad23 ministrator determines that the exposure 

24 reduction has been achieved and no further 

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1 action is needed after actions are taken 

2 under subsection (f). 

3 ‘‘(C) NOTIFICATION.—The Administrator 

4 shall notify all applicable State, local, county 

5 health, and environmental officials, State, local, 

6 and county legislators, and other elected offi7 cials of the updated listing. 

8 ‘‘(e) NO JUDICIAL REVIEW; NONDISCRETIONARY

9 DUTY.— 

10 ‘‘(1) NO JUDICIAL REVIEW.—The following ac11 tions under this section shall not be subject to judi12 cial review: 

13 ‘‘(A) A decision to include on the list pub14 lished under subsection (d)(1) a locality identi15 fied under subsection (c)(1). 

16 ‘‘(B) A decision in response to nominations 

17 submitted under subsection (c)(3). 

18 ‘‘(C) A decision to list localities under sub19 section (d)(1) or update the list under sub20 section (d)(2). 

21 ‘‘(2) NONDISCRETIONARY DUTY.—Notwith22 standing paragraph (1), the failure of the Adminis23 trator to publish or update the list of localities in ac24 cordance with this section shall be— 

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1 ‘‘(A) considered to be a failure to perform 

2 a nondiscretionary duty; and 

3 ‘‘(B) subject to judicial review. 

4 ‘‘(f) ACTION PLANS.— 

5 ‘‘(1) IN GENERAL.—Not later than 1 year after 

6 the date on which the list is published or updated 

7 under subsection (d), the Administrator shall de8 velop and publish, for each locality identified on the 

9 list, an action plan that includes— 

10 ‘‘(A) an identification of the chemical sub11 stances and mixtures that contribute to the dis12 proportionate exposure (including exposure lev13 els, sources, and pathways); and 

14 ‘‘(B) a description of actions planned by 

15 the Administrator to reduce disproportionate 

16 exposure in the locality. 

17 ‘‘(2) GOALS.—The goal of each action plan 

18 under this subsection shall be to reduce dispropor19 tionate exposure in the locality by establishing— 

20 ‘‘(A) a percentage exposure reduction goal 

21 for each chemical substance and mixture; and 

22 ‘‘(B) a timeline to achieve the percentage 

23 exposure reduction goal. 

24 ‘‘(g) REPORT TO CONGRESS.—The Administrator 

25 shall— 

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1 ‘‘(1) submit to Congress an annual report that 

2 identifies— 

3 ‘‘(A) each locality added to the list in the 

4 prior year under subsection (d); 

5 ‘‘(B) each action plan developed in the 

6 prior year under subsection (f); and 

7 ‘‘(C) the progress on each action plan to 

8 date; and 

9 ‘‘(2) make the report available to the public in 

10 electronic format. 

11 ‘‘SEC. 35. APPLICATION OF THIS ACT TO FEDERAL AGEN12 CIES. 

13 ‘‘(a) IN GENERAL.—Except as provided in subsection 

14 (e), each Federal agency, and any officer, agent, or em15 ployee of a Federal agency, shall be subject to, and comply 

16 with, all applicable requirements of this Act described in 

17 subsection (b), both substantive and procedural, in the 

18 same manner, and to the same extent, as any person sub19 ject to the requirements. 

20 ‘‘(b) DESCRIPTION OF REQUIREMENTS.—The sub21 stantive and procedural requirements referred to in this 

22 subsection include— 

23 ‘‘(1) any administrative order; 

24 ‘‘(2) any civil or administrative penalty or fine, 

25 regardless of whether the penalty or fine is— 

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1 ‘‘(A) punitive or coercive in nature; or 

2 ‘‘(B) imposed for isolated, intermittent, or 

3 continuing violations; 

4 ‘‘(3) any requirement for reporting; 

5 ‘‘(4) any provision for injunctive relief and 

6 sanctions that may be imposed by a court to enforce 

7 such relief; and 

8 ‘‘(5) payment of reasonable service charges. 

9 ‘‘(c) WAIVER OF IMMUNITY.—The United States ex10 pressly waives any immunity otherwise applicable to the 

11 United States with respect to any substantive or proce12 dural requirement referred to under subsection (a). 

13 ‘‘(d) CIVIL PENALTIES.—No agent, employee, or offi14 cer of the United States shall be personally liable for any 

15 civil penalty under this title with respect to any act or 

16 omission within the scope of the official duties of the 

17 agent, employee, or officer. 

18 ‘‘(e) CRIMINAL SANCTIONS.—An agent, employee, or 

19 officer of the United States shall be subject to any crimi20 nal sanction (including any fine or imprisonment) under 

21 this Act, but no department, agency, or instrumentality 

22 of the executive, legislative, or judicial branch of the Fed23 eral Government shall be subject to such sanction. 

24 ‘‘(f) EXEMPTION.— 

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1 ‘‘(1) IN GENERAL.—If the President determines 

2 it is in the paramount interest of the United States, 

3 the President may grant an exemption for any Fed4 eral agency from compliance with any requirement 

5 of this Act. 

6 ‘‘(2) LACK OF APPROPRIATION.—No exemption 

7 shall be granted under paragraph (1) due to lack of 

8 appropriation unless— 

9 ‘‘(A) the President has specifically re10 quested the appropriation as a part of the 

11 budgetary process; and 

12 ‘‘(B) Congress has failed to make the re13 quested appropriation available. 

14 ‘‘(3) PERIOD OF EXEMPTION.—Any exemption 

15 granted under paragraph (1) shall be for a period of 

16 not more than 1 year, but additional exemptions 

17 may be granted for periods not to exceed 1 year, if 

18 the President makes a subsequent determination 

19 that the exemption is in the paramount interest of 

20 the United States. 

21 ‘‘(4) REPORT.—Each January after the date of 

22 enactment of this section, the President shall submit 

23 to Congress a report that describes— 

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1 ‘‘(A) all exemptions granted under this 

2 subsection during the preceding calendar year; 

3 and 

4 ‘‘(B) the reason for granting each exemp5 tion. 

6 ‘‘(g) ADMINISTRATIVE ENFORCEMENT ACTIONS.— 

7 ‘‘(1) IN GENERAL.—The Administrator may ini8 tiate an administrative enforcement action against 

9 any Federal agency— 

10 ‘‘(A) in accordance with the enforcement 

11 authorities of this Act; and 

12 ‘‘(B) in the same manner and under the 

13 same circumstances as an action would be initi14 ated against another person. 

15 ‘‘(2) SETTLEMENT.—Any voluntary resolution 

16 or settlement of an administrative enforcement ac17 tion initiated under this subsection shall be set forth 

18 in a consent order. 

19 ‘‘(3) FINALITY OF ADMINISTRATIVE ORDER.— 

20 No administrative order issued to a Federal depart21 ment, agency, or instrumentality under this sub22 section shall become final until the Federal depart23 ment, agency, or instrumentality has had the oppor24 tunity to confer with the Administrator. 

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1 ‘‘SEC. 36. IMPLEMENTATION OF STOCKHOLM CONVENTION, 

2 THE LRTAP POPS PROTOCOL, AND THE ROT3 TERDAM CONVENTION. 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) CHEMICAL.—The term ‘chemical’ includes 

6 any substance or mixture of substances, including a 

7 substance that is part of an article. 

8 ‘‘(2) LRTAP CONVENTION.—The term 

9 ‘LRTAP Convention’ means the Convention on 

10 Long-Range Transboundary Air Pollution, done at 

11 Geneva on November 13, 1979 (TIAS 10541), and 

12 any subsequent amendments to which the United 

13 States is a party. 

14 ‘‘(3) LRTAP POPS CHEMICAL.—The term 

15 ‘LRTAP POPs chemical’ means any chemical listed 

16 on any Annex of the LRTAP POPs Protocol, if such 

17 listing has entered into force for the United States. 

18 ‘‘(4) LRTAP POPS PROTOCOL.—The term 

19 ‘LRTAP POPs Protocol’ means the Protocol on Per20 sistent Organic Pollutants to the LRTAP Conven21 tion, done at Aarhus on June 24, 1998, and any 

22 subsequent amendment to which the United States 

23 is a party. 

24 ‘‘(5) MEETING OF THE PARTIES.—The term 

25 ‘meeting of the parties’ means— 

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1 ‘‘(A) the Conference of the Parties estab2 lished by and operating under Article 19 of the 

3 Stockholm Convention; 

4 ‘‘(B) the Executive Body established by 

5 and operating under Article 10 of the LRTAP 

6 POPs Convention; and 

7 ‘‘(C) the Conference of the Parties estab8 lished by and operating under Article 18 of the 

9 Rotterdam Convention. 

10 ‘‘(6) PIC CHEMICAL.—The term ‘PIC chemical’ 

11 means any chemical identified by notification to the 

12 Secretariat of the Rotterdam Convention by the 

13 United States as banned or severely restricted in the 

14 United States, and any chemical listed on any Annex 

15 of the Rotterdam Convention, if such listing has en16 tered into force for the United States. 

17 ‘‘(7) POPS CHEMICAL.—The term ‘POPs chem18 ical’ means any chemical that is listed on any Annex 

19 of the Stockholm Convention, if such listing has en20 tered into force for the United States. 

21 ‘‘(8) ROTTERDAM CONVENTION.—The term 

22 ‘Rotterdam Convention’ means the Rotterdam Con23 vention on the Prior Informed Consent Procedure 

24 for Certain Hazardous Chemicals and Pesticides in 

25 International Trade, done at Rotterdam on Sepmstockstill on DSK4VPTVN1PROD with BILLS

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1 tember 10, 1998, and any subsequent amendment to 

2 which the United States is a party. 

3 ‘‘(9) STOCKHOLM CONVENTION.—The term 

4 ‘Stockholm Convention’ means the Stockholm Con5 vention on Persistent Organic Pollutants, done at 

6 Stockholm on May 22, 2001, and any subsequent 

7 amendment to which the United States is a party. 

8 ‘‘(b) IMPLEMENTATION OF INTERNATIONAL AGREE9 MENTS.— 

10 ‘‘(1) IN GENERAL.—The Administrator, in co11 operation with appropriate Federal agencies, shall 

12 implement and support the implementation by the 

13 United States of the provisions of the Stockholm 

14 Convention, the LRTAP POPs Protocol, and the 

15 Rotterdam Convention that have entered into effect 

16 for the United States. 

17 ‘‘(2) PROHIBITIONS.—Notwithstanding any 

18 other provision of law, no person may manufacture, 

19 process, distribute in commerce, use, dispose of, or 

20 take any other action with respect to a POPs chem21 ical, LRTAP POPs chemical, or PIC chemical in a 

22 manner inconsistent with applicable obligations for 

23 that chemical under the Stockholm Convention, 

24 LRTAP POPs Protocol, or Rotterdam Convention. 

25 ‘‘(3) PUBLIC NOTICE AND COMMENT.— 

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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall provide timely public notice and oppor3 tunity to comment on a chemical proposed for 

4 listing to any Annex to the Stockholm Conven5 tion, the LRTAP POPs Protocol, or the Rot6 terdam Convention. 

7 ‘‘(B) CONTENTS.—The Administrator shall 

8 identify in the notice under subparagraph (A) 

9 any relevant toxicity, exposure, and risk infor10 mation on the chemical known to the Adminis11 trator, and any domestic activities involving the 

12 chemical known to the Administrator. 

13 ‘‘(C) NOTICE AND COMMENT.— 

14 ‘‘(i) IN GENERAL.—Any interested 

15 person may provide relevant comment and 

16 information on the chemical in response to 

17 the notice under subparagraph (A). 

18 ‘‘(ii) REQUEST FOR INFORMATION.— 

19 The Administrator may require the provi20 sion of relevant information related to a 

21 proposed chemical from any person, as the 

22 Administrator determines necessary to as23 sist the United States in the review. 

24 ‘‘(iii) PUBLIC DOCKET.—The Admin25 istrator shall consider all comments and inmstockstill on DSK4VPTVN1PROD with BILLS

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1 formation received under this subpara2 graph in the review of the proposal and in3 clude the comments and information in an 

4 established public docket. 

5 ‘‘(D) POST-RECOMMENDATION.— 

6 ‘‘(i) IN GENERAL.—The Administrator 

7 shall provide timely public notice and op8 portunity to comment after a recommenda9 tion is made to list a chemical on any 

10 Annex to the Stockholm Convention, the 

11 LRTAP POPs Protocol, or the Rotterdam 

12 Convention. 

13 ‘‘(ii) MEETING OF THE PARTIES.— 

14 The Administrator shall provide the notice 

15 under clause (i) in advance of the meeting 

16 of the Parties at which the recommenda17 tion is to be considered. 

18 ‘‘(iii) REQUEST FOR INFORMATION.— 

19 The Administrator shall request comment 

20 and information on all aspects of the rec21 ommendation and may, if the Adminis22 trator determines it to be necessary to as23 sist the United States in the review, re24 quire the provision of relevant information 

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1 related to a proposed chemical from any 

2 person. 

3 ‘‘(iv) PUBLIC DOCKET.—The Adminis4 trator shall consider all comments and in5 formation received under this subpara6 graph in the review of the proposal and in7 clude the comments and information in an 

8 established public docket. 

9 ‘‘(E) DECISIONS.— 

10 ‘‘(i) IN GENERAL.—Not later than 30 

11 days after a decision by the meeting of the 

12 parties, the Administrator shall provide 

13 timely public notice and opportunity to 

14 comment on any decision by the meeting of 

15 the parties to list a chemical on any Annex 

16 to the Stockholm Convention. 

17 ‘‘(ii) CONTENTS.—The Administrator 

18 shall provide in the notice under clause (i) 

19 a description of the amendments to the in20 struments and identify the changes to the 

21 domestic activities that the Administrator 

22 believes, based on information available to 

23 the Administrator, would be necessary if 

24 the United States chose to be bound by the 

25 listing decision. 

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1 ‘‘(iii) PUBLIC COMMENT.—Any inter2 ested person may provide relevant com3 ment and information in response to the 

4 notice under clause (i). 

5 ‘‘(iv) PUBLIC DOCKET.—The Adminis6 trator shall consider all comments and in7 formation received under this subpara8 graph in the review of the proposal and in9 clude the comments and information in an 

10 established public docket. 

11 ‘‘(F) RATIFICATION.—Not later than 30 

12 days after the United States deposits the in13 strument of ratification for the Stockholm Con14 vention, the LRTAP POPs Protocol, or the 

15 Rotterdam Convention, or not later than 30 

16 days after the listing of any chemical subse17 quently added under those instruments has en18 tered into force for the United States (which19 ever date is earlier), the Administrator— 

20 ‘‘(i) shall provide public notice of— 

21 ‘‘(I) the chemicals that are sub22 ject to those instruments; and 

23 ‘‘(II) any chemical subsequently 

24 added under those instruments; and 

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1 ‘‘(ii) may specify the requirements 

2 that are applicable for individual chemicals 

3 in a public notice under this subparagraph. 

4 ‘‘(4) GENERAL RULEMAKING AUTHORITY.—The 

5 Administrator may promulgate regulations necessary 

6 to carry out the Stockholm Convention, the LRTAP 

7 POPs Protocol, or the Rotterdam Convention, or to 

8 ensure compliance with any obligations under such 

9 instruments. 

10 ‘‘(5) OBLIGATIONS.—If a chemical is subject to 

11 obligations under more than 1 of the instruments 

12 that includes the Stockholm Convention, the LRTAP 

13 POPs Protocol, or the Rotterdam Convention, the 

14 most stringent of the obligations shall apply to en15 sure compliance with each of the instruments. 

16 ‘‘(c) ENFORCEMENT.—The prohibitions and any 

17 other requirements of this section shall be enforced in the 

18 same manner as final rules or orders under section 6.’’. 

19 (b) CONFORMING AMENDMENTS.—The table of con20 tents for the Toxic Substances Control Act (15 U.S.C. 

21 2601 et seq.) is amended— 

22 (1) by striking the item relating to section 2 

23 and inserting the following: 

‘‘Sec. 2. Findings, policy, and goal.’’; 

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1 (2) by striking the item relating to section 4 

2 and inserting the following: 

‘‘Sec. 4. Minimum data set and testing of chemical substances.’’; 

3 (3) by striking the item relating to section 6 

4 and inserting the following: 

‘‘Sec. 6. Prioritization, safety standard determination, and risk management.’’; 

5 (4) by striking the items relating to sections 29 

6 through 31; and 

7 (5) by adding after the item relating to section 

8 28 the following: 

‘‘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.’’. 

Æ 

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