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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4394 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4394

    To provide for a phased ban on decabrominated diphenylether and 
 mixtures or products containing that chemical, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

Ms. Pingree of Maine introduced the following bill; which was referred 
    to the Committee on Energy and Commerce, and in addition to the 
 Committees on Foreign Affairs and Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
    To provide for a phased ban on decabrominated diphenylether and 
 mixtures or products containing that chemical, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Decabromine Elimination and Control 
Act of 2009''.

SEC. 2. BAN ON DECABDE, DECABDE MIXTURES, AND DECABDE PRODUCTS.

    Beginning January 1, 2013, it shall be unlawful for any entity to 
produce for distribution in commerce, distribute in commerce, import, 
or export--
            (1) decaBDE;
            (2) decaBDE mixtures; or
            (3) decaBDE products.

SEC. 3. PHASING IN OF BAN.

    (a) Report of DecaBDE Activity During 2009.--Not later than 90 days 
after the date of enactment of this Act, each entity who, during 2009, 
engaged in any activity that will be prohibited under paragraph (1) or 
(2) of section 2 shall report to the Administrator of the Environmental 
Protection Agency (hereinafter in this Act referred to as the 
``Administrator''), in such form and detail as the Administrator 
requires in order to carry out this Act, the following:
            (1) Each such activity engaged in with regard to decaBDE, 
        including the amount of decaBDE used in that activity.
            (2) Each such activity engaged in with regard to decaBDE 
        mixtures, including the amount of such mixtures used in that 
        activity.
    (b) Establishment of Quotas for Each Entity.--Not later than 15 
days after receiving a report from an entity under subsection (a), the 
Administrator shall establish an annual quota for that entity for each 
activity that entity reports, in accordance with the following:
            (1) For activities with regard to decaBDE, each such annual 
        quota shall be equal to the amount of decaBDE reported to have 
        been used in that activity.
            (2) For activities with regard to decaBDE mixtures, each 
        such annual quota shall be equal to the amount of such mixtures 
        reported to have been used in that activity.
    (c) Only Entities With Quotas Able To Engage in Activities.--Not 
later than 90 days after the date of enactment of this Act, it shall be 
unlawful for any entity to engage in an activity that will be 
prohibited under paragraph (1) or (2) of section 2 if the Administrator 
has not established an annual quota for that entity for that activity.
    (d) Annual Quotas.--During each year shown on the left column of 
the table below, it shall be unlawful for any entity to engage in an 
activity with regard to an amount of decaBDE or decaBDE mixture that 
exceeds the percentage, shown on the right column of the table below, 
of the annual quota established for that entity for that activity:

  2010.................................  100 percent
  2011.................................   66 percent
  2012.................................  33 percent.
 

SEC. 4. REPORTING DURING PHASE OUT.

    Beginning on the date that is 1 year after the date on which an 
entity reports an activity under section 3(a), that entity shall submit 
to the Administrator an annual report on that activity, in such manner 
as the Administrator determines appropriate.

SEC. 5. DISCLOSURE OF INFORMATION REGARDING DECABDE PRODUCTS.

    (a) In General.--Beginning on the date of enactment of this Act, 
any entity that produces for distribution in commerce, distributes in 
commerce, imports, or exports decaBDE, decaBDE mixtures, or decaBDE 
products shall disclose to any entity that receives such decaBDE, 
decaBDE mixtures, or decaBDE products that such decaBDE, decaBDE 
mixtures, or decaBDE products contain decaBDE.
    (b) DecaBDE Products.--Not later than 1 year after the date of 
enactment of this Act, any entity that produces for distribution in 
commerce, distributes in commerce, imports, or exports decaBDE products 
shall disclose to the Administrator any articles that contain decaBDE.

SEC. 6. ENFORCEMENT RELATING TO VIOLATIONS.

    (a) Same Enforcement Mechanism as Used for Violations of Section 15 
of the Toxic Substances Control Act.--The same enforcement procedures 
as would apply to a violation of section 15 of the Toxic Substances 
Control Act shall apply to each violation of this Act.
    (b) Rules.--
            (1) The Administrator shall make rules to enforce the 
        annual quotas and ban of this Act on the production for 
        distribution in commerce, distribution in commerce, or 
        importation of decaBDE, decaBDE mixtures, or decaBDE products.
            (2) The President shall exercise the authorities set forth 
        in section 203 of the International Emergency Economic Powers 
        Act, consistent with the requirements of this Act, to enforce 
        the annual quotas and ban of this Act on the exportation of 
        decaBDE, decaBDE mixtures, or decaBDE products.
    (c) Citizens' Civil Actions.--Any entity may commence a civil 
action against any other entity that is alleged to be in violation of 
this Act to restrain such violation. To the extent practicable, such an 
action shall be handled in the same way as a civil action under section 
7002 of the Solid Waste Disposal Act.

SEC. 7. EXCEPTIONS.

    (a) Critical Uses.--A use of decaBDE, decaBDE mixtures, or decaBDE 
products by the Armed Forces or the aviation industry shall be exempt 
from the annual quotas or ban imposed by this Act if the Administrator 
determines that there is not a feasible alternative to such use. Such 
exemption shall be for a term of 5 years, and the Administrator may 
renew such exemption only if the Administrator determines that there is 
not a feasible alternative to such use at the time of such renewal.
    (b) Recycled Articles.--A recycled article that contains decaBDE 
shall be exempt from the annual quotas and ban imposed by this Act, 
unless the Administrator determines by rule that the article poses a 
threat to public health.
    (c) Resold Articles.--This Act does not apply with regard to a 
decaBDE product subsequent to its first sale at retail.
    (d) Low Concentration Articles.--The Administrator may by rule make 
exemptions from this Act for articles that contain decaBDE in 
concentrations that the Administrator determines to be unavoidable due 
to contamination of the environment by decaBDE.

SEC. 8. SAFER ALTERNATIVES.

    (a) Policy.--DecaBDE shall be replaced by safer alternatives. For 
the purposes of this section, a ``safer alternative'' means a 
substitute process, product, material, chemical, strategy, or 
combination of these that serves a functionally equivalent purpose to 
decaBDE that, when compared to decaBDE, would reduce the potential for 
harm to human health or the environment.
    (b) Replacements.--With regard to a use of decaBDE, decaBDE 
mixtures, or decaBDE products, no chemical substance (as defined in 
section 3(2) of the Toxic Substances Control Act), mixture (as defined 
in section 3(8) of the Toxic Substances Control Act) containing that 
chemical substance, or article containing that chemical substance may 
be used in lieu thereof if the Administrator determines that such 
chemical substance is a persistent, bioaccumulative, and toxic 
chemical.
    (c) Studies and Notification.--The Administrator shall require any 
entity who produces for distribution in commerce a chemical substance 
that is a substitute for decaBDE to provide the Administrator with all 
existing information about the hazard and exposure characteristics of 
the chemical substance that--
            (1) is known to, in the possession or control of, or 
        reasonably ascertainable by the entity; and
            (2) has not previously been submitted to the Administrator. 
        The Administrator shall require any such entity to notify the 
        Administrator not less than 90 days before new or existing 
        chemicals are introduced into interstate commerce for 
        significant new uses as substitutes for decaBDE.

SEC. 9. REPORT TO CONGRESS.

    The Administrator shall monitor, and, not later than December 31, 
2014, submit a report to Congress on, the production, use, and 
consumption of decaBDE. Such report shall include data on production, 
use, and consumption of decaBDE in the United States and on the 
environmental and economic effects of decaBDE.

SEC. 10. RELATION TO OTHER LAWS.

    Nothing in this Act affects the right of a State or local 
government to adopt or enforce any regulation, requirement, or 
liability that is more stringent than a regulation, requirement, or 
liability established by this Act.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) The term ``decaBDE'' means decabromodiphenyl ether, CAS 
        No. 1163-19-5, either pure or in commercial mixtures which are 
        predominantly decabromodiphenyl ether.
            (2) The term ``decaBDE mixture'' means any mixture (as 
        defined in section 3(8) of the Toxic Substances Control Act) 
        containing decaBDE.
            (3) The term ``decaBDE product'' means any article 
        containing decaBDE.
            (4) The terms ``distribute in commerce'' and ``distribution 
        in commerce'' have the meanings given such terms in section 
        3(4) of the Toxic Substances Control Act.
            (5) The term ``export'' means to engage in any of the 
        actions that the President has authority over under section 203 
        of the International Emergency Economic Powers Act.
            (6) The term ``first sale at retail'' means, with regard to 
        an article, the first occasion on which that article is sold to 
        an end user.
                                 <all>
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