I 

111TH CONGRESS 

2D SESSION H. R. 5820 

To amend the Toxic Substances Control Act to ensure that the public and 

the environment are protected from risks of chemical exposure, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2010 

Mr. RUSH (for himself, Mr. WAXMAN, Ms. CASTOR of Florida, Ms. DEGETTE, 

Ms. SCHAKOWSKY, and Mr. SARBANES) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Toxic Substances Control Act to ensure that 

the public and the environment are protected from risks 

of chemical exposure, 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 ‘‘Toxic Chemicals Safety 

5 Act of 2010’’. 

6 SEC. 2. FINDINGS, POLICY, AND GOAL. 

7 (a) FINDINGS, POLICY, AND GOAL.—Section 2 of the 

8 Toxic Substances Control Act (15 U.S.C. 2601) is amend9 ed— 


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1 (1) by striking ‘‘INTENT’’ in the section head2 ing and inserting ‘‘GOAL’’; and 

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

4 inserting the following: 

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

6 ‘‘(1) the chemical industry is an important part 

7 of the United States economy and provides valuable 

8 products that are used in diverse manufacturing in9 dustries and other commercial, institutional, and 

10 consumer applications; 

11 ‘‘(2) more than 3 decades after the enactment 

12 of the Toxic Substances Control Act, the public and 

13 the environment in the United States are still ex14 posed to thousands of chemicals whose safety has 

15 not been adequately reviewed; 

16 ‘‘(3) biomonitoring reveals that people in the 

17 United States have many hazardous chemicals in 

18 their bodies; 

19 ‘‘(4) the potential for adverse effects from 

20 chemical exposures is modulated by developmental 

21 changes in metabolism, physiology, and pathways of 

22 exposure, with increased potential for adverse effects 

23 from exposures that occur in utero, during infancy, 

24 and during other critical periods of development; 


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

2 chemical sector and many of the companies that con3 duct business in the United States must also comply 

4 with chemical safety regulatory programs in other 

5 countries, and the data that are generated to comply 

6 with these other regulatory programs may be useful 

7 in understanding the hazards of and exposures to 

8 chemicals in the United States; and 

9 ‘‘(6) a revised policy on the safety of chemicals 

10 will assist in renewing the manufacturing sector of 

11 the United States, create new and safer jobs, spur 

12 innovations in green chemistry, restore confidence 

13 domestically and internationally in the safety of 

14 products of the United States, and ensure that prod15 ucts of the United States remain competitive in the 

16 global market. 

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

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

19 consumers, and the public, and to protect the envi20 ronment from adverse effects of exposures to chemi21 cals; 

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

23 and other actions that reduce use of and exposure 

24 to hazardous chemicals and reward innovation in de25 veloping safer chemicals, processes, and products; 


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1 ‘‘(3) to require that all chemicals in commerce 

2 meet a risk-based safety standard that protects dis3 proportionately vulnerable and affected populations 

4 and the environment; 

5 ‘‘(4) to require manufacturers and processors to 

6 provide sufficient health and environmental informa7 tion for the chemicals which they manufacture or 

8 process as a condition of allowing distribution of 

9 such chemicals in commerce; 

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

11 chemical safety and use; 

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

13 workers to know about the risks associated with 

14 chemicals that they may be exposed to by maxi15 mizing public access to information on such chemi16 cals; 

17 ‘‘(7) to strengthen cooperation between and 

18 among the Federal Government and State, munic19 ipal, tribal, and foreign governments; 

20 ‘‘(8) to ensure the Administrator has the au21 thority to develop sufficient information to assess 

22 chemical safety, and to act effectively when the Ad23 ministrator obtains information that indicates there 

24 are risks of harmful chemical exposure; and 


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1 ‘‘(9) to replace, reduce, and refine testing on 

2 animals by promoting and funding the development 

3 of more efficient test methods and strategies. 

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

5 protect health and the environment by addressing expo6 sure to harmful chemicals distributed in commerce, includ7 ing exposure of vulnerable or disproportionately affected 

8 populations, by— 

9 ‘‘(1) determining whether all chemicals in com10 merce meet the safety standard under this title; 

11 ‘‘(2) restricting the manufacture, processing, 

12 use, distribution in commerce, or disposal of a chem13 ical, where warranted; and 

14 ‘‘(3) encouraging the replacement of harmful 

15 chemicals and processes with safer alternatives.’’. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents for the Toxic Substances Control Act is amended 

18 by amending the item relating to section 2 to read as fol19 lows: 

‘‘Sec. 2. Findings, policy, and goal.’’. 

20 SEC. 3. DEFINITIONS AND DETERMINATIONS. 

21 (a) DEFINITIONS AND DETERMINATIONS.—Section 3 

22 of the Toxic Substances Control Act (15 U.S.C. 2602) is 

23 amended— 

24 (1) by striking— 


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1 ‘‘SEC. 3. DEFINITIONS. 

2 ‘‘As used in this Act:’’ and inserting the following: 

3 ‘‘SEC. 3. DEFINITIONS AND DETERMINATIONS. 

4 ‘‘(a) DEFINITIONS.—As used in this Act:’’; 

5 (2) in subsection (a), (relating to definitions, as 

6 designated by paragraph (1))— 

7 (A) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) by striking ‘‘Except as pro10 vided in subparagraph (B), the term’’ 

11 and inserting ‘‘The term’’; 

12 (II) in clause (i), by striking 

13 ‘‘and’’ after ‘‘nature,’’; 

14 (III) in clause (ii), by striking 

15 the period at the end and inserting ‘‘, 

16 and’’; and 

17 (IV) by adding at the end the fol18 lowing new clause: 

19 ‘‘(iii) any form of a substance determined 

20 by the Administrator to be a chemical sub21 stance under subsection (b)(1).’’; and 

22 (ii) in subparagraph (B)— 

23 (I) by striking clause (ii) and in24 serting the following: 


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1 ‘‘(ii) any alcoholic beverage (as de2 fined in section 214 of the Federal Alcohol 

3 Administration Act),’’; 

4 (II) in clause (iii), by striking 

5 ‘‘product,’’ inserting ‘‘product (as de6 fined in section 201 of the Federal 

7 Food, Drug, and Cosmetic Act), and’’; 

8 and 

9 (III) by striking clauses (v) and 

10 (vi) and the matter following clause 

11 (vi); 

12 (B) in paragraph (4)— 

13 (i) by striking ‘‘or’’ after ‘‘or article;’’; 

14 and 

15 (ii) by inserting ‘‘; or to export or 

16 offer for export the substance, mixture, or 

17 article, except for demonstrated use solely 

18 as a pesticide (as defined in the Federal 

19 Insecticide, Fungicide, and Rodenticide 

20 Act), food, food additive, drug, cosmetic, or 

21 device (as such terms are defined in sec22 tion 201 of the Federal Food, Drug, and 

23 Cosmetic Act) and including poultry, poul24 try products, meat, meat food products (as 

25 defined in section 1(j) of the Federal Meat 


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1 Inspection Act), eggs, and egg products (as 

2 defined in section 4 of the Egg Products 

3 Inspection Act)’’ after ‘‘article after its in4 troduction into commerce’’; 

5 (C) in paragraph (5), by inserting ‘‘ambi6 ent and indoor’’ after ‘‘includes water,’’; 

7 (D) in paragraph (7), by inserting ‘‘, ex8 cept for demonstrated use solely as a pesticide 

9 (as defined in the Federal Insecticide, Fun10 gicide, and Rodenticide Act), food, food addi11 tive, drug, cosmetic, or device (as such terms 

12 are defined in section 201 of the Federal Food, 

13 Drug, and Cosmetic Act) and including poultry, 

14 poultry products, meat, meat food products (as 

15 defined in section 1(j) of the Federal Meat In16 spection Act), eggs, and egg products (as de17 fined in section 4 of the Egg Products Inspec18 tion Act)’’ after ‘‘produce, or manufacture’’; 

19 (E) in paragraph (9), by striking ‘‘which is 

20 not included in the chemical substance list com21 piled and published under section 8(b)’’ and in22 serting ‘‘for which no declaration has been sub23 mitted under section 8(a)(2), except that, with 

24 respect to the first year after the date of enact25 ment of the Toxic Chemicals Safety Act of 


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1 2010, such term shall not include a chemical 

2 substance distributed in commerce as of such 

3 date of enactment’’; 

4 (F) in paragraph (10), after subparagraph 

5 (B), by adding the following: 

6 ‘‘Except such term shall not include preparation for 

7 demonstrated use solely as a pesticide (as defined in 

8 the Federal Insecticide, Fungicide, and Rodenticide 

9 Act), food, food additive, drug, cosmetic, or device 

10 (as such terms are defined in section 201 of the 

11 Federal Food, Drug, and Cosmetic Act) and includ12 ing poultry, poultry products, meat, meat food prod13 ucts (as defined in section 1(j) of the Federal Meat 

14 Inspection Act), eggs, and egg products (as defined 

15 in section 4 of the Egg Products Inspection Act). 

16 Relabeling or redistributing a container holding a 

17 chemical substance or mixture where no repackaging 

18 of the chemical substance or mixture occurs does not 

19 constitute processing of the chemical substance or 

20 mixture. Relabeling, redistributing, or repackaging 

21 an article containing a chemical substance or mix22 ture, including incorporating the article into another 

23 article, does not constitute processing of the chem24 ical substance or mixture.’’. 


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1 (G) by striking paragraph (12) and redes2 ignating paragraphs (13) and (14) as para3 graphs (12) and (13), respectively; and 

4 (H) by adding at the end the following new 

5 paragraphs: 

6 ‘‘(14) The term ‘adverse effect’ means a chem7 ical or biochemical change, anatomic change, or 

8 functional impairment, or a known precursor to such 

9 a change or impairment, that— 

10 ‘‘(A) has the potential to impair the per11 formance of an anatomic structure of a vital 

12 system of an organism or progeny of an orga13 nism; 

14 ‘‘(B) causes irreversible change in the ho15 meostasis of an organism; 

16 ‘‘(C) increases the susceptibility of an or17 ganism or progeny of an organism to other 

18 chemical or biological stressors or reduces the 

19 ability of an organism or progeny of an orga20 nism to respond to additional health or environ21 mental challenges; or 

22 ‘‘(D) affects, alters, or harms the environ23 ment such that the health of humans or other 

24 organisms is directly or indirectly threatened. 


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1 In order to reflect best available science, the Admin2 istrator may, by rule, revise the definition of such 

3 term for purposes of this Act in such a way that re4 flects the state of the science and provides for equal 

5 or greater protection of health and the environment. 

6 ‘‘(15) The term ‘aggregate exposure’ means all 

7 exposure from— 

8 ‘‘(A) manufacture, processing, distribution, 

9 use, and disposal; 

10 ‘‘(B) manufacturing or processing of the 

11 substance for use as a pesticide, food, food ad12 ditive, drug, cosmetic, or device; 

13 ‘‘(C) contamination of food, air, water, 

14 soil, house dust, and any other environmental 

15 media from current or prior uses or activity; 

16 ‘‘(D) permitted sources of pollution; 

17 ‘‘(E) nonpoint sources of pollution; and 

18 ‘‘(F) documented background levels from 

19 natural and anthropogenic sources. 

20 ‘‘(16) The term ‘bioaccumulative’ means, with 

21 respect to a chemical substance or mixture, that the 

22 chemical substance or mixture, as determined by the 

23 Administrator, can significantly accumulate in biota, 

24 as indicated through monitoring data, or is highly 

25 likely to accumulate in biota, as indicated by other 


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1 evidence. In order to reflect best available science, 

2 the Administrator may, by rule, revise the definition 

3 of such term for purposes of this Act in such a way 

4 that reflects the state of the science and provides for 

5 equal or greater protection of health and the envi6 ronment. 

7 ‘‘(17) The term ‘chemical identity’ means, with 

8 respect to a chemical substance— 

9 ‘‘(A) each common and trade name of the 

10 chemical substance; 

11 ‘‘(B) the name of the chemical substance 

12 appearing in International Union of Pure and 

13 Applied Chemistry nomenclature and 9th Col14 lective Index format; 

15 ‘‘(C) the Chemical Abstracts Service reg16 istration number of the chemical substance; and 

17 ‘‘(D) the molecular structure and the mo18 lecular identity of the chemical substance. 

19 ‘‘(18) The term ‘cumulative exposure’ means 

20 the sum of aggregate exposure to— 

21 ‘‘(A) each of the chemical substances that 

22 are known or, where supported by scientific 

23 consensus, suspected to contribute appreciably 

24 to the risk of the same adverse effect; and 


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1 ‘‘(B) mixtures containing chemical sub2 stances described in subparagraph (A). 

3 ‘‘(19) The term ‘Federal agency’ means any de4 partment, agency, or other instrumentality of the 

5 Federal Government, any independent agency or es6 tablishment of the Federal Government including 

7 any Government corporation, and the Government 

8 Printing Office. 

9 ‘‘(20) The term ‘importer’ means any person 

10 who imports a chemical substance or mixture, or any 

11 article containing a chemical substance or mixture, 

12 for distribution in commerce. 

13 ‘‘(21) The term ‘persistent’ means, with respect 

14 to a chemical substance or mixture, that the chem15 ical substance or mixture, as determined by the Ad16 ministrator, significantly persists in 1 or more envi17 ronmental media, as indicated by monitoring data or 

18 other evidence. In order to reflect best available 

19 science, the Administrator may, by rule, revise the 

20 definition of such term for purposes of this Act in 

21 such a way that reflects the state of the science and 

22 provides for equal or greater protection of health 

23 and the environment. 

24 ‘‘(22) The term ‘substance characteristic’ 

25 means, with respect to a particular chemical subVerDate Mar 15 2010 01:07 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5820.IH H5820

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1 stance, the physical and chemical characteristics 

2 that may vary for such substance, and whose vari3 ation may bear on the toxicological properties or the 

4 exposure potential of the substance, including— 

5 ‘‘(A) structure and composition; 

6 ‘‘(B) size or size distribution; 

7 ‘‘(C) shape; 

8 ‘‘(D) surface structure; 

9 ‘‘(E) reactivity; and 

10 ‘‘(F) other characteristics and properties 

11 that may bear on toxicological properties or ex12 posure potential. 

13 ‘‘(23) The term ‘toxic’, with respect to a chem14 ical substance or mixture, means that the chemical 

15 substance or mixture, or a metabolite or degradation 

16 product of such substance or mixture, has a toxi17 cological property— 

18 ‘‘(A) that causes an adverse effect that has 

19 been demonstrated in humans or other orga20 nisms; or 

21 ‘‘(B) for which the weight of evidence 

22 (such as demonstration of such an adverse ef23 fect as described in subparagraph (A) in labora24 tory studies or data for a chemical from the 

25 same chemical class that exhibits such an adVerDate Mar 15 2010 01:07 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5820.IH H5820

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1 verse effect) demonstrates the potential for an 

2 adverse effect in humans or other organisms. 

3 ‘‘(24) The term ‘toxicological property’ means 

4 established toxicity, adverse effects, or established 

5 precursors to such toxicity or adverse effects, includ6 ing effects of exposure to a chemical substance or 

7 mixture on— 

8 ‘‘(A) mortality; 

9 ‘‘(B) morbidity, including carcinogenesis; 

10 ‘‘(C) genetics, including mutagenicity, 

11 genotoxicity, and epigenetics; 

12 ‘‘(D) reproduction; 

13 ‘‘(E) growth and development; 

14 ‘‘(F) the immune system; 

15 ‘‘(G) the endocrine system; 

16 ‘‘(H) the brain or nervous system; 

17 ‘‘(I) other organ systems; or 

18 ‘‘(J) any other biological functions in hu19 mans or other organisms. 

20 ‘‘(25) The term ‘use’ means any utilization of 

21 a chemical substance or mixture that is not other22 wise covered by the terms manufacture or process, 

23 and may include— 

24 ‘‘(A) any composition of the chemical sub25 stance with other chemical substances; 


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1 ‘‘(B) any group of utilizations determined 

2 by the Administrator to be a single use under 

3 subsection (b)(2). 

4 Relabeling or redistributing a container holding a 

5 chemical substance or mixture where no repackaging 

6 of the chemical substance or mixture occurs does not 

7 constitute use of the chemical substance or mixture. 

8 ‘‘(26) The term ‘vulnerable population’ means a 

9 population that is subject to a disproportionate expo10 sure to, or potential for a disproportionate adverse 

11 effect from exposure to, a chemical substance or 

12 mixture, including— 

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

14 ‘‘(B) pregnant women (including effects on 

15 fetal development); 

16 ‘‘(C) the elderly; 

17 ‘‘(D) individuals with preexisting medical 

18 conditions; 

19 ‘‘(E) workers; and 

20 ‘‘(F) members of any other appropriate 

21 population identified by the Administrator 

22 based on consideration of— 

23 ‘‘(i) socioeconomic status; 

24 ‘‘(ii) racial or ethnic background; 


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1 ‘‘(iii) culturally influenced dietary or 

2 other practices or factors; or 

3 ‘‘(iv) other similar factors identified 

4 by the Administrator.’’; and 

5 (3) by adding at the end the following new sub6 section: 

7 ‘‘(b) DETERMINATIONS.— 

8 ‘‘(1) The Administrator may determine dif9 ferent forms of a chemical substance with a par10 ticular molecular identity to be different chemical 

11 substances for purposes of this Act, based on vari12 ations in the substance characteristics. New forms of 

13 existing chemical substances so determined shall be 

14 considered new chemical substances for purposes of 

15 this Act. 

16 ‘‘(2) The Administrator may determine dif17 ferent uses of a chemical substance or mixture to be 

18 the same use for purposes of this Act, based on in19 dustry classification systems or factors determined 

20 by the Administrator to indicate similarity in use 

21 and exposure, provided that such systems or factors 

22 ensure that the different uses treated as the same 

23 use under this paragraph do not involve materially 

24 different patterns, pathways, or degrees of expo25 sure.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for the Toxic Substances Control Act is amended 

3 by amending the item relating to section 3 to read as fol4 lows: 

‘‘Sec. 3. Definitions and Determinations.’’. 

5 SEC. 4. MINIMUM DATA SET AND TESTING OF CHEMICAL 

6 SUBSTANCES AND MIXTURES. 

7 Section 4 of the Toxic Substances Control Act (15 

8 U.S.C. 2603) is amended as follows: 

9 (1) By amending subsection (a) to read as fol10 lows: 

11 ‘‘(a) MINIMUM DATA SET.— 

12 ‘‘(1) Not later than 1 year after the date of en13 actment of the Toxic Chemicals Safety Act of 2010, 

14 the Administrator shall establish, by rule, the data 

15 that constitute the minimum data set for substances 

16 described in paragraph (2). The rule shall— 

17 ‘‘(A) require manufacturers and processors 

18 to submit a minimum data set that the Admin19 istrator determines will be useful in conducting 

20 safety standard determinations pursuant to sec21 tion 6(b) or carrying out any provision of this 

22 Act, and shall include information on— 

23 ‘‘(i) chemical identity; 

24 ‘‘(ii) substance characteristics; 


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1 ‘‘(iii) biological and environmental 

2 fate and transport; 

3 ‘‘(iv) toxicological properties; 

4 ‘‘(v) volume manufactured, processed, 

5 or imported; 

6 ‘‘(vi) intended uses; and 

7 ‘‘(vii) exposures from all stages of the 

8 chemical substance or mixture’s lifecycle 

9 that are known or reasonably foreseeable 

10 to the party submitting the data set; 

11 ‘‘(B) provide for varied or tiered testing; 

12 ‘‘(C) establish requirements for manufac13 turers and processors to update their minimum 

14 data set submissions, as appropriate; and 

15 ‘‘(D) be updated by the Administrator not 

16 less often than once every 5 years. 

17 ‘‘(2) Except as provided in paragraph (3), the 

18 manufacturers and processors of a chemical sub19 stance or mixture shall submit the minimum data 

20 set established by the rule under paragraph (1), ac21 companied by the certification described in section 

22 8(i), to the Administrator— 

23 ‘‘(A) for an existing chemical substance or 

24 mixture, not later than the earlier of— 


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1 ‘‘(i) 18 months after the date on 

2 which the Administrator lists the chemical 

3 substance or mixture on the priority list 

4 under section 6(a); or 

5 ‘‘(ii) for chemical substances pro6 duced— 

7 ‘‘(I) at high volumes, as deter8 mined by the Administrator, 3 years 

9 after the date of enactment of the 

10 Toxic Chemicals Safety Act of 2010; 

11 ‘‘(II) at moderate volumes, as de12 termined by the Administrator, 4 

13 years after the date of enactment of 

14 the Toxic Chemicals Safety Act of 

15 2010; or 

16 ‘‘(III) at low volumes, as deter17 mined by the Administrator, 5 years 

18 after the date of enactment of the 

19 Toxic Chemicals Safety Act of 2010; 

20 or 

21 ‘‘(B) for a new chemical substance, the 

22 date on which the notice required under section 

23 5(a)(1)(A) is submitted. 

24 ‘‘(3) No minimum data set shall be required to 

25 be submitted by manufacturers and processors of a 


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1 chemical substance listed under section 6(a)(1)(A) 

2 or exempted from the requirement pursuant to sec3 tion 39 or section 32 or for a safer alternative ap4 proved pursuant to section 35. 

5 ‘‘(4) If a manufacturer or processor is in viola6 tion of paragraph (2), the Administrator may impose 

7 penalties, pursuant to section 16, on such manufac8 turer or processor, or, by order, impose conditions, 

9 including prohibitions, on the manufacture, proc10 essing, or distribution in commerce of the chemical 

11 substance, or any mixture or article containing the 

12 chemical substance, by such manufacturer or proc13 essor.’’. 

14 (2) In subsection (b)— 

15 (A) by redesignating paragraphs (2) and 

16 (3) as paragraphs (4) and (5), respectively; 

17 (B) by redesignating paragraphs (4) and 

18 (5) as paragraphs (7) and (8), respectively; 

19 (C) in paragraph (1)— 

20 (i) by striking ‘‘A rule under sub21 section (a) shall include’’ and all that fol22 lows through ‘‘during the period prescribed 

23 under subparagraph (C)’’; and 

24 (D) by striking the following: 


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1 ‘‘(b)(1) TESTING REQUIREMENT RULE.—’’ and in2 serting the following: 

3 ‘‘(b) TESTING RULES AND ORDERS.— 

4 ‘‘(1) The Administrator may, by rule or order, 

5 after notice and opportunity for comment, require 

6 testing in addition to the requirements for the min7 imum data set under subsection (a) with respect to 

8 any chemical substance or mixture and the submis9 sion of test results by a specified date, as necessary 

10 for making a safety standard determination under 

11 section 6(b) or carrying out any provision of this 

12 Act. 

13 ‘‘(2) If a manufacturer or processor is in viola14 tion of paragraph (1), the Administrator may impose 

15 penalties, pursuant to section 16, on such manufac16 turer or processor, or, by order, impose conditions, 

17 including prohibitions, on the manufacture, proc18 essing, or distribution in commerce of the chemical 

19 substance, or any mixture or article containing the 

20 chemical substance, by such manufacturer or proc21 essor. 

22 ‘‘(3) A rule or order under paragraph (1) shall 

23 include— 

24 ‘‘(A) identification of the chemical sub25 stance or mixture for which testing is required; 


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1 ‘‘(B) the testing required and justification 

2 for such testing, and may specify test protocols 

3 and methodology for testing for such substance 

4 or mixture in accordance with section 34(c); 

5 and 

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

7 period may not be of unreasonable duration) 

8 within which the persons required to conduct 

9 the testing shall submit to the Administrator 

10 data developed in accordance with a method11 ology referred to in subparagraph (B). 

12 In determining the testing, test protocols, and meth13 odology, and period to be included, pursuant to sub14 paragraphs (B) and (C), in a rule or order under 

15 paragraph (1), the Administrator shall consider the 

16 relative costs of the various test protocols and meth17 odologies which may be required under the rule or 

18 order and the reasonably foreseeable availability of 

19 the facilities and personnel needed to perform the 

20 testing required under the rule or order. Any such 

21 rule or order may require the submission to the Ad22 ministrator of preliminary data during the period 

23 prescribed under subparagraph (C).’’; 


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1 (E) by amending paragraph (4), as redes2 ignated by subparagraph (A) of this paragraph, 

3 to read as follows: 

4 ‘‘(4)(A)(i) The health and environmental effects for 

5 which testing may be prescribed include any toxicological 

6 property and any other adverse effect which may be con7 sidered in a safety standard determination under section 

8 6(b). 

9 ‘‘(ii) The exposure information for which test10 ing may be prescribed includes biological or environ11 mental fate and transport, monitoring for the pres12 ence of the chemical substance or mixture (or a me13 tabolite or degradation byproduct of the chemical 

14 substance or mixture) in animal or human biological 

15 media or environmental media, and any other expo16 sure information which may be considered in a safe17 ty standard determination under section 6(b). 

18 ‘‘(iii) The characteristics of chemical substances 

19 and mixtures for which testing may be prescribed in20 clude persistence, bioaccumulation, and any other 

21 relevant substance characteristic which may be con22 sidered in a safety standard determination under 

23 section 6(b). 

24 ‘‘(B) The methodologies that may be prescribed in 

25 testing include epidemiologic studies, industrial hygiene 


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1 surveys, biomonitoring studies, serial or hierarchical tests, 

2 in vitro tests, and whole animal tests consistent with sec3 tion 34, except that before prescribing epidemiologic stud4 ies or industrial hygiene surveys of employees, the Admin5 istrator shall consult with the Director of the National In6 stitute for Occupational Safety and Health. 

7 ‘‘(C) From time to time, but not less than once each 

8 12 months, the Administrator shall review the adequacy 

9 of the methodology for testing prescribed in rules or orders 

10 under paragraph (1) and shall, if necessary, institute pro11 ceedings to make appropriate revisions of such method12 ology.’’; 

13 (F) in paragraph (5), as redesignated by 

14 subparagraph (A) of this paragraph— 

15 (i) by striking subparagraph (B); 

16 (ii) by striking ‘‘(A) A rule under sub17 section (a) respecting a chemical substance 

18 or mixture shall require the persons de19 scribed in subparagraph (B)’’ and insert20 ing ‘‘A rule or order under paragraph (1) 

21 respecting a chemical substance or mixture 

22 shall specify the persons required’’; and 

23 (iii) by inserting ‘‘in which case all 

24 parties remain individually liable for the 


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1 testing requirements’’ after ‘‘on behalf of 

2 the persons making the designation’’; 

3 (G) by inserting after paragraph (5), as re4 designated by subparagraph (A) of this para5 graph, the following new paragraph: 

6 ‘‘(6) Any biomonitoring study of the public regarding 

7 a chemical substance or any metabolite or degradation by8 product of such substance shall be conducted by the Direc9 tor of the Centers for Disease Control and Prevention in 

10 collaboration with the Administrator, at the expense of the 

11 manufacturers and processors of the chemical substance. 

12 Any biomonitoring study of employees regarding a chem13 ical substance or any metabolite or degradation byproduct 

14 of such substance may be conducted by the relevant em15 ployer, at the expense of the manufacturers and processors 

16 of the chemical substance, in collaboration with the Direc17 tor of the National Institute of Occupational Safety and 

18 Health and the Administrator.’’; 

19 (H) in paragraph (7), as redesignated by 

20 subparagraph (B) of this paragraph— 

21 (i) by striking ‘‘under subsection (a)’’ 

22 in both places it appears and inserting ‘‘or 

23 order under paragraph (1)’’; 


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1 (ii) by striking ‘‘repeals the rule’’ in 

2 both places it appears and inserting ‘‘with3 draws the rule or order’’; and 

4 (iii) by striking ‘‘repeals the applica5 tion of the rule’’ and inserting ‘‘withdraws 

6 the rule or order as applied’’; and 

7 (I) by amending paragraph (8), as redesig8 nated by subparagraph (B) of this paragraph, 

9 to read as follows: 

10 ‘‘(8) Rules issued under subsection (a) and para11 graph (1) (and any substantive amendment thereto or re12 peal thereof) shall be promulgated pursuant to section 553 

13 of title 5, United States Code.’’. 

14 (3) In subsection (c)— 

15 (A) in paragraph (1)— 

16 (i) by inserting ‘‘or order’’ after 

17 ‘‘rule’’; and 

18 (ii) by striking ‘‘subsection (a)’’ and 

19 inserting ‘‘subsection (a) or (b)(1)’’; 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘under subsection (a)’’ 

22 and inserting ‘‘under subsection (b)(1)’’; 

23 and 

24 (ii) by inserting ‘‘or order’’ after 

25 ‘‘rule’’ each place it appears; 


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1 (C) in paragraph (3)(B)(i), by striking 

2 ‘‘promulgated under subsection (a)’’ and insert3 ing ‘‘or order issued under subsection (b)(1)’’; 

4 (D) in paragraph (4)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘promulgated 

7 under subsection (a)’’ and inserting 

8 ‘‘issued under subsection (b)(1)’’; and 

9 (II) by inserting ‘‘or order’’ after 

10 ‘‘rule’’ each place it appears; and 

11 (ii) in subparagraph (B)— 

12 (I) by striking ‘‘promulgated 

13 under subsection (a)’’ and inserting 

14 ‘‘or order issued under subsection 

15 (b)(1)’’; and 

16 (II) by inserting ‘‘or order’’ after 

17 ‘‘such rule’’; and 

18 (III) by inserting ‘‘or order’’ 

19 after ‘‘requirements of the rule’’; and 

20 (E) by adding at the end the following new 

21 paragraph: 

22 ‘‘(5) If a manufacturer or processor has sub23 mitted a declaration of permanent cessation of man24 ufacture or processing under section 8(a)(3) for a 

25 chemical substance or mixture, the manufacturer or 


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1 processor shall be exempted from the requirements 

2 of this section with regard to such chemical sub3 stance or mixture.’’. 

4 (4) In subsection (d)— 

5 (A) by striking ‘‘under subsection (a)’’ and 

6 inserting ‘‘or order issued under subsection (a) 

7 or (b)(1)’’; 

8 (B) by inserting ‘‘Such notice shall not be 

9 interpreted as meeting the requirements of the 

10 rule or order, unless otherwise indicated.’’ be11 fore ‘‘Subject to section 14, each notice shall’’; 

12 and 

13 (C) by inserting ‘‘and be added to the pub14 lic database established pursuant to section 

15 8(d)’’ after ‘‘Administrator for examination by 

16 any person’’. 

17 (5) In subsection (e)— 

18 (A) in the subsection heading, by striking 

19 ‘‘PRIORITY LIST’’ and inserting ‘‘INTERAGENCY

20 TESTING COMMITTEE’’; 

21 (B) in paragraph (1)— 

22 (i) in subparagraph (A)— 

23 (I) by striking ‘‘for the promul24 gation of a rule under subsection (a)’’ 

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1 tion 6(a)(1) and promulgation of test2 ing rules or orders under subsection 

3 (b)(1)’’; 

4 (II) in clause (v), by striking ‘‘an 

5 unreasonable’’ and inserting ‘‘a sub6 stantial’’; and 

7 (III) in the matter following 

8 clause (viii)— 

9 (aa) by striking ‘‘cancer, 

10 gene mutations, or birth defects’’ 

11 and inserting ‘‘adverse effects on 

12 health or the environment’’; 

13 (bb) by striking ‘‘under sub14 section (a)’’ each place it appears 

15 and inserting ‘‘under subsection 

16 (b)(1)’’; and 

17 (cc) by striking ‘‘The total 

18 number of chemical substances 

19 and mixtures on the list which 

20 are designated under the pre21 ceding sentence may not, at any 

22 time, exceed 50.’’; and 

23 (ii) in subparagraph (B), by striking 

24 ‘‘rulemaking proceeding under subsection 

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1 gate a rule or issue an order under sub2 section (b)(1)’’; and 

3 (C) in paragraph (2)(A)— 

4 (i) by striking ‘‘eight members’’ and 

5 inserting ‘‘10 members’’; and 

6 (ii) by adding at the end the following 

7 new clauses: 

8 ‘‘(ix) One member appointed by the Com9 missioner of the Food and Drug Administration 

10 from officers or employees of the Administra11 tion. 

12 ‘‘(x) One member appointed by the Chair13 man of the Consumer Product Safety Commis14 sion from officers or employees of the Commis15 sion.’’. 

16 (6) By amending subsection (f) to read as fol17 lows: 

18 ‘‘(f) REQUESTS FROM OTHER FEDERAL AGENCIES

19 FOR ADDITIONAL INFORMATION OR TESTING.— 

20 ‘‘(1) IN GENERAL.—If a Federal agency deter21 mines that information relating to a chemical sub22 stance or mixture, including data derived from new 

23 testing or monitoring, would assist such agency in 

24 carrying out duties or exercising authority of such 

25 agency, but such information is not available to the 


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1 agency, such agency may request the Administrator 

2 to seek such information on its behalf. 

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

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

5 under paragraph (1), the Administrator shall— 

6 ‘‘(A) if in possession of the requested data, 

7 make such data available to the requesting 

8 agency, subject to section 14; 

9 ‘‘(B) issue an order, under section 8(b)(1), 

10 requiring the submission of existing data to the 

11 requesting agency and to the Administrator; 

12 ‘‘(C) issue a rule or order, under sub13 section (b), to develop such data, and require 

14 such data be furnished to the requesting agency 

15 and to the Administrator; or 

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

17 reason for not taking any of the actions de18 scribed in subparagraphs (A) through (C).’’. 

19 (7) By striking subsection (g). 

20 SEC. 5. MANUFACTURING AND PROCESSING NOTICES. 

21 Section 5 of the Toxic Substances Control Act (15 

22 U.S.C. 2604) is amended as follows: 

23 (1) By amending subsection (a) to read as fol24 lows: 


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1 ‘‘(a) NEW CHEMICAL SUBSTANCES AND MIXTURES

2 AND NEW USES OF CHEMICAL SUBSTANCES AND MIX3 TURES.— 

4 ‘‘(1) Except as provided in subsection (d), no 

5 person may manufacture or process a new chemical 

6 substance or mixture, or manufacture or process any 

7 chemical substance or mixture for a use which the 

8 Administrator has determined, in accordance with 

9 paragraph (2), is a new use, unless— 

10 ‘‘(A) such person submits to the Adminis11 trator, at least 90 days before such manufac12 ture or processing, a notice, in accordance with 

13 subsection (c) and section 8(i), of such person’s 

14 intention to manufacture or process such chem15 ical substance or mixture and such person com16 plies with any applicable requirement of sub17 section (b); and 

18 ‘‘(B) the Administrator finds that— 

19 ‘‘(i) such use is a critical use as deter20 mined pursuant to section 6(e); 

21 ‘‘(ii) in the case of a chemical sub22 stance or mixture that has not already 

23 been determined to meet the safety stand24 ard under section 6(b), the chemical sub25 stance or mixture meets the safety standVerDate Mar 15 2010 01:07 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5820.IH H5820

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1 ard under section 6(b), with or without 

2 conditions; or 

3 ‘‘(iii) in the case of a chemical sub4 stance or mixture that has already been 

5 determined to meet the safety standard 

6 under section 6(b) without inclusion of the 

7 proposed new use, the chemical substance 

8 or mixture continues to meet the safety 

9 standard under section 6 for all intended 

10 uses including the new use, with or without 

11 conditions. 

12 ‘‘(2) A use shall be determined by the Adminis13 trator to be new if— 

14 ‘‘(A) the chemical substance or mixture 

15 has already received a safety standard deter16 mination under section 6(b) which did not in17 clude the use; or 

18 ‘‘(B) the proposed use will result in manu19 facturing or processing of the chemical sub20 stance or mixture at a significantly increased 

21 volume, as determined by the Administrator, 

22 above that considered in the safety standard de23 termination under section 6(b). 

24 ‘‘(3) Not later than 30 days after the date on 

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1 ufacturing or processing of a new chemical sub2 stance or mixture or commences manufacturing or 

3 processing of a chemical substance or mixture for a 

4 new use, the manufacturer or processor shall submit 

5 to the Administrator a notice of commencement of 

6 manufacture or processing.’’. 

7 (2) By amending subsection (b) to read as fol8 lows: 

9 ‘‘(b) SUBMISSION OF DATA FOR USES AND MANU10 FACTURERS OR PROCESSORS NOT PREVIOUSLY DE11 CLARED.— 

12 ‘‘(1) For a chemical substance or mixture which 

13 is not new that has not yet received a safety stand14 ard determination under section 6(b), any manufac15 turer or processor who manufactures, processes, or 

16 distributes in commerce the chemical substance or 

17 mixture for a use that has not previously been de18 clared under section 8(a), shall submit the declara19 tion required by section 8(a) within 6 months of ini20 tiating manufacture, processing, or distribution, for 

21 that use. 

22 ‘‘(2) Any manufacturer or processor who manu23 factures, processes, or distributes in commerce a 

24 chemical substance for a use that the particular 

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1 clared under section 8(a), even where such use has 

2 previously been declared by another party, shall sub3 mit the declaration required by section 8(a) within 

4 6 months of initiating manufacture, processing, or 

5 distribution for that use. 

6 ‘‘(3) For any chemical substance subject to a 

7 Significant New Use Rule pursuant to part 721 of 

8 title 40, Code of Federal Regulations, as of the date 

9 of enactment of the Toxic Chemicals Safety Act of 

10 2010, the requirements of that rule shall apply to all 

11 manufacturers and processors of the chemical sub12 stance whether or not the Administrator determines 

13 a use to be new pursuant to subsection (a), unless 

14 and until the chemical substance receives a safety 

15 standard determination and, if appropriate, condi16 tions or prohibitions are imposed pursuant to section 

17 6, after which the Significant New Use Rule shall 

18 cease to apply. 

19 ‘‘(4) For a chemical substance or mixture that 

20 is subject to a rule or order under section 4, the 

21 manufacturer or processor of such chemical for any 

22 use which has not previously been declared under 

23 section 8 shall submit to the Administrator any data 

24 required in accordance with such rule or order with 


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1 the notice under subsection (a)(1)(A) or the declara2 tion under this subsection, as appropriate. 

3 ‘‘(5) Not later than 90 days after submission of 

4 a notice under subsection (a)(1)(A), and data under 

5 paragraph (4), if required, the Administrator shall 

6 determine, pursuant to subsection (a)(1)(B), wheth7 er the use is a critical use or whether a safety stand8 ard determination is required by that paragraph. 

9 Not later than 9 months after the date of such de10 termination, the Administrator shall complete any 

11 such required safety standard determination. The 

12 Administrator’s failure to make a determination pur13 suant to this paragraph in a timely manner shall not 

14 be deemed to satisfy subsection (a)(1)(B).’’. 

15 (3) By striking subsection (c) and redesignating 

16 subsection (d) as subsection (c). 

17 (4) By amending subsection (c), as redesig18 nated by paragraph (3) of this section, to read as 

19 follows: 

20 ‘‘(c) CONTENT OF NOTICE; PUBLICATIONS.—The no21 tice required by subsection (a)(1)(A) shall include— 

22 ‘‘(1) the declaration under section 8(a)(2); 

23 ‘‘(2) the minimum data set, as defined pursuant 

24 to section 4(a); and 


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1 ‘‘(3) a statement that the chemical substance or 

2 mixture is reasonably anticipated to meet or con3 tinue to meet the safety standard under section 6(b), 

4 and a justification for such statement. 

5 Such a notice shall be made available, subject to sec6 tion 14, in the public database established pursuant 

7 to section 8(d).’’; 

8 (5) By striking subsections (e), (f), and (g), 

9 and redesignating subsections (h) and (i) as sub10 sections (d) and (e), respectively. 

11 (6) In subsection (d), as redesignated by para12 graph (5) of this section— 

13 (A) by redesignating paragraphs (1) 

14 through (3) as paragraphs (3) through (5), re15 spectively; 

16 (B) by redesignating paragraphs (5) and 

17 (6) as paragraphs (6) and (7), respectively; 

18 (C) by striking paragraph (4); 

19 (D) by inserting, before paragraph (3), as 

20 redesignated by subparagraph (A) of this para21 graph, the following new paragraphs: 

22 ‘‘(1) Any new chemical substance or new use of 

23 a chemical substance or mixture approved pursuant 

24 to section 35 as a safer alternative shall be exempt 

25 from the requirements of this section. 


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1 ‘‘(2) The Administrator may exempt any new 

2 chemical substance or new use of a chemical sub3 stance or mixture from the requirements of this sec4 tion pursuant to section 39.’’; 

5 (E) in paragraph (3), as redesignated by 

6 subparagraph (A) of this paragraph— 

7 (i) by inserting ‘‘and by order,’’ after 

8 ‘‘upon application,’’; and 

9 (ii) by striking ‘‘any unreasonable’’ 

10 and inserting ‘‘a substantial’’; 

11 (F) in paragraph (4), as redesignated by 

12 subparagraph (A) of this paragraph— 

13 (i) by amending subparagraph (A) to 

14 read as follows: 

15 ‘‘(A) The Administrator shall exempt any per16 son from the requirement to submit data for a 

17 chemical substance or mixture pursuant to sub18 section (b)(4), if upon receipt of an application from 

19 such person, the Administrator determines that— 

20 ‘‘(i) the chemical substance or mixture 

21 with respect to which such application was sub22 mitted is equivalent to a chemical substance or 

23 mixture for which data has been submitted to 

24 the Administrator as required by this Act; and 


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1 ‘‘(ii) submission of data by the applicant 

2 on such substance or mixture would be duplica3 tive of data which has been submitted to the 

4 Administrator in accordance with subsection 

5 (b)(4). 

6 No exemption which is granted under this subpara7 graph with respect to the submission of data for a 

8 chemical substance or mixture may take effect be9 fore the beginning of the reimbursement period ap10 plicable to such data.’’; and 

11 (ii) in subparagraph (B), by striking 

12 ‘‘subsection (b)(2)’’ each place it appears 

13 and inserting ‘‘subsection (b)(4)’’; 

14 (G) in paragraph (6), as redesignated by 

15 subparagraph (B) or this paragraph, by insert16 ing ‘‘, including occupational exposure’’ after 

17 ‘‘human or environmental exposure’’; and 

18 (H) in paragraph (7), as redesignated by 

19 subparagraph (B) of this paragraph, by striking 

20 ‘‘(1) or (5)’’ and inserting ‘‘(3) or (6)’’. 

21 SEC. 6. PRIORITIZATION, SAFETY STANDARD DETERMINA22 TION, AND RISK MANAGEMENT. 

23 (a) SAFETY STANDARD DETERMINATION.—Section 6 

24 of the Toxic Substances Control Act (15 U.S.C. 2605) is 

25 amended as follows: 


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1 (1) By amending the section heading to read as 

2 follows: ‘‘PRIORITIZATION, SAFETY STANDARD

3 DETERMINATION, AND RISK MANAGEMENT’’. 

4 (2) By striking subsection (d). 

5 (3) By redesignating subsections (e) and (f) as 

6 subsections (f) and (g), respectively. 

7 (4) By redesignating subsections (a) through 

8 (c) as subsections (c) through (e), respectively. 

9 (5) By inserting before subsection (c), as redes10 ignated by paragraph (4) of this subsection, the fol11 lowing new subsections: 

12 ‘‘(a) PRIORITY LIST FOR SAFETY STANDARD DETER13 MINATIONS.— 

14 ‘‘(1) ESTABLISHMENT OF LIST.— 

15 ‘‘(A) As of the date of enactment of the 

16 Toxic Chemicals Safety Act of 2010, there shall 

17 be established a list of chemical substances for 

18 which safety standard determinations under 

19 this section shall first be made, which shall con20 sist of the following chemical substances: 

21 ‘‘(i) Bisphenol A. 

22 ‘‘(ii) Formaldehyde. 

23 ‘‘(iii) N–Hexane. 

24 ‘‘(iv) Hexavalent chromium. 

25 ‘‘(v) Methylene chloride. 


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1 ‘‘(vi) Trichloroethylene. 

2 ‘‘(vii) Vinyl chloride. 

3 ‘‘(viii) The following phthalates: 

4 ‘‘(I) Benzylbutyl phthalate. 

5 ‘‘(II) Dibutyl phthalate. 

6 ‘‘(III) Diethylhexyl phthalate. 

7 ‘‘(IV) Di-isodecyl phthalate. 

8 ‘‘(V) Di-isononyl phthalate. 

9 ‘‘(VI) Di-n-hexyl phthalate. 

10 ‘‘(VII) Di-n-octyl phthalate. 

11 ‘‘(ix) Perchlorate. 

12 ‘‘(x) Tetrachloroethylene. 

13 ‘‘(xi) Tris (1,3-dichloro-2-propyl) 

14 phosphate. 

15 ‘‘(xii) Tris (2-chloroethyl) phosphate. 

16 ‘‘(xiii) Tris (2,3-dibromopropyl) phos17 phate. 

18 ‘‘(B) Not later than 12 months after the 

19 date of enactment of the Toxic Chemicals Safe20 ty Act of 2010, the Administrator shall update 

21 the list established in subparagraph (A) and 

22 publish in the Federal Register, after notice 

23 and opportunity for comment, the updated list 

24 which shall consist of not fewer than 300 chem25 ical substances, along with a justification for 


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1 such listing. Chemical substances shall be listed 

2 at the Administrator’s discretion, based on 

3 available scientific evidence and consideration of 

4 their hazard, exposure, or risk relative to other 

5 chemical substances, aggregate or cumulative 

6 exposure, evidence of exposure to humans in7 cluding presence in human or animal biological 

8 and environmental media including in the work9 place, use, volume of manufacture, toxicological 

10 properties, persistence, bioaccumulation, or 

11 other properties indicating risk. 

12 ‘‘(2) UPDATING OF LIST.—The Administrator 

13 shall— 

14 ‘‘(A) remove a chemical substance from the 

15 list under paragraph (1) only after the safety 

16 standard determination has been made for such 

17 chemical substance pursuant to subsection (b); 

18 and 

19 ‘‘(B) add chemical substances to the list 

20 periodically so that the number of chemical sub21 stances on the list will not be fewer than 300 

22 at any given time, until such time as all chem23 ical substances manufactured, processed, or dis24 tributed in commerce have been listed, have re25 ceived a safety standard determination, or have 


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1 been exempted from the requirement to receive 

2 a safety standard determination pursuant to 

3 section 35 or section 39. Additions to the list 

4 shall be consistent with paragraph (1) and, to 

5 the extent practicable, based on consideration of 

6 hazard, exposure, or risk relative to listed 

7 chemical substances. Such additions to the list 

8 may be made in response to petitions under sec9 tion 21 or recommendations from the Inter10 agency Testing Committee under section 4(e). 

11 ‘‘(3) MIXTURES.—The Administrator may add 

12 a mixture to the priority list based on available sci13 entific evidence and the considerations for listing de14 scribed in paragraph (1). 

15 ‘‘(b) SAFETY STANDARD DETERMINATIONS.— 

16 ‘‘(1) SAFETY STANDARD.— 

17 ‘‘(A) The Administrator shall apply, as the 

18 safety standard under this title, a standard that 

19 takes into account aggregate exposure to a 

20 chemical substance or mixture and ensures 

21 that, for all intended uses— 

22 ‘‘(i) with regard to public health, 

23 there is a reasonable certainty that no 

24 harm will result, including to vulnerable 

25 populations; and 


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1 ‘‘(ii) the public welfare is protected. 

2 ‘‘(B) In making a determination under this 

3 subsection, the Administrator shall consider, 

4 among other relevant factors–— 

5 ‘‘(i) the lifecycle of the chemical sub6 stance or mixture; and 

7 ‘‘(ii) available information concerning 

8 the cumulative effects of exposure to chem9 ical substances or mixtures. 

10 ‘‘(2) BURDEN OF PROOF.—The manufacturers 

11 and processors of a chemical substance or mixture 

12 shall bear the burden of proving that the chemical 

13 substance or mixture meets the safety standard. 

14 ‘‘(3) DETERMINATION.— 

15 ‘‘(A) For each chemical substance or mix16 ture listed under subsection (a), the Adminis17 trator shall determine whether the chemical 

18 substance or mixture meets the safety standard, 

19 taking into account any existing conditions or 

20 controls already in effect, or can be made to 

21 meet the safety standard through the imposi22 tion of additional conditions under subsection 

23 (c), and whether intended uses that do not meet 

24 the safety standard are critical. In making this 

25 determination, the Administrator may consider 


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1 exposures associated with known or foreseeable 

2 uses that are not intended uses identified by the 

3 manufacturers and processors of the substance 

4 or mixture. 

5 ‘‘(B) The determination under subpara6 graph (A) shall be made in keeping with stand7 ards for assessment developed under paragraph 

8 (4). 

9 ‘‘(C) Except as provided in subparagraph 

10 (D), the determination under subparagraph (A) 

11 shall be completed and published not later than 

12 30 months after the date on which the chemical 

13 substance or mixture is placed on the priority 

14 list, or, for a chemical substance listed in sub15 section (a)(1)(A), not later than 18 months 

16 after the date of enactment of the Toxic Chemi17 cals Safety Act of 2010. 

18 ‘‘(D) In assessing risk to make the deter19 mination under subparagraph (A), the Adminis20 trator may require the submission of additional 

21 information by the manufacturer or processor. 

22 If additional information is required, the deter23 mination shall be completed and published not 

24 later than 12 months after the submission of all 

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1 quired information in the period specified in 

2 section 4(b)(3)(C), as applicable, or by such 

3 other reasonable deadlines as the Administrator 

4 shall establish shall constitute grounds for de5 termining that the chemical substance or mix6 ture does not meet the safety standard. 

7 ‘‘(4) STANDARDS FOR ASSESSMENT OF DATA.— 

8 ‘‘(A) Not later than 18 months after the 

9 date of enactment of the Toxic Chemicals Safe10 ty Act of 2010, the Administrator shall, after 

11 providing for notice and opportunity for com12 ment, develop and publish guidance regarding 

13 the use of science in making determinations 

14 under this subsection. In developing such guid15 ance, the Administrator shall rely upon the rec16 ommendations of the National Academy of 

17 Sciences report entitled ‘Science and Decisions’. 

18 ‘‘(B) Not later than 5 years after the date 

19 of enactment of the Toxic Chemicals Safety Act 

20 of 2010, and not less often than once every 5 

21 years thereafter, the Administrator shall review 

22 the guidance under this paragraph and may re23 vise the guidance to reflect new scientific devel24 opments or understanding. 


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1 ‘‘(5) PUBLICATION.—The Administrator shall 

2 make publicly available, and enter into the public 

3 database established pursuant to section 8(d), the 

4 determination made pursuant to paragraph (3) with 

5 a list of allowed uses and any conditions on those 

6 uses necessary to ensure that the safety standard is 

7 met. 

8 ‘‘(6) RENEWAL AND REDETERMINATION.—The 

9 determination made pursuant to paragraph (3) re10 garding a chemical substance or mixture shall re11 main in effect for 15 years, except that the Adminis12 trator shall make a redetermination pursuant to 

13 paragraph (3) if a new use of such chemical sub14 stance or mixture is proposed under section 5, or 

15 new information related to such chemical substance 

16 or mixture raises a credible question as to whether 

17 the chemical substance or mixture continues to meet 

18 the safety standard. The Administrator may renew 

19 a determination made pursuant to paragraph (3) for 

20 additional 15 year periods. The burden of proof for 

21 renewal of a determination or redetermination shall 

22 remain with the manufacturers and processors of 

23 each chemical substance or mixture. 

24 ‘‘(7) FAILURE TO MEET DEADLINES.—If the 

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1 tion or publish a redetermination by the applicable 

2 deadline pursuant to this subsection, the Adminis3 trator shall promptly publish notice of such failure 

4 in the Federal Register, identifying the chemical 

5 substance or mixture and any information gaps that 

6 have impeded the determination, shall prohibit new 

7 manufacturers or processors or new uses of the 

8 chemical substance or mixture until the determina9 tion is published, and shall require manufacturers 

10 and processors of the chemical substance or mixture 

11 to provide, within a reasonable timeframe as deter12 mined by the Administrator, written notice to the 

13 public, their employees and their commercial cus14 tomers that a safety standard determination of the 

15 chemical substance or mixture is pending.’’. 

16 (6) By amending subsection (c), as redesig17 nated by paragraph (4) of this subsection, to read 

18 as follows: 

19 ‘‘(c) RISK MANAGEMENT.— 

20 ‘‘(1) CHEMICAL SUBSTANCES AND MIXTURES

21 DETERMINED TO MEET THE SAFETY STANDARD

22 WITHOUT CONDITIONS.—A chemical substance or 

23 mixture, for which the Administrator has deter24 mined, pursuant to subsection (b)(3), that the chem25 ical substance or mixture meets the safety standard 


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1 without imposition of conditions under this sub2 section, may be manufactured, processed, and dis3 tributed in commerce for uses identified and in4 cluded in the safety standard determination. The 

5 Administrator may make such determination contin6 gent on the continuation of conditions or controls al7 ready in effect, if any. 

8 ‘‘(2) CHEMICAL SUBSTANCES AND MIXTURES

9 DETERMINED TO MEET THE SAFETY STANDARD

10 WITH CONDITIONS.—Except as the Administrator 

11 determines pursuant to subsection (e), a chemical 

12 substance or mixture, for which the Administrator 

13 has determined, pursuant to subsection (b)(3), that 

14 imposition of conditions under this subsection is re15 quired to ensure that the chemical substance or mix16 ture meets the safety standard, shall be subject to 

17 conditions on manufacture, processing, use, distribu18 tion in commerce, or disposal, as specified by the 

19 Administrator. Such conditions shall be identified in 

20 a manner that ensures effective and efficient protec21 tion of health and the environment and may include: 

22 ‘‘(A) A requirement— 

23 ‘‘(i) prohibiting the manufacturing, 

24 processing, or distribution in commerce of 

25 such substance or mixture; or 


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1 ‘‘(ii) limiting the amount of such sub2 stance or mixture which may be manufac3 tured, processed, or distributed in com4 merce. 

5 ‘‘(B) A requirement— 

6 ‘‘(i) prohibiting the manufacture, 

7 processing, or distribution in commerce of 

8 such substance or mixture for— 

9 ‘‘(I) a particular use; or 

10 ‘‘(II) a particular use in a con11 centration in excess of a level specified 

12 by the Administrator in the safety 

13 standard determination; or 

14 ‘‘(ii) limiting the amount of such sub15 stance or mixture which may be manufac16 tured, processed, or distributed in com17 merce for— 

18 ‘‘(I) a particular use; or 

19 ‘‘(II) a particular use in a con20 centration in excess of a level specified 

21 by the Administrator in the safety 

22 standard determination. 

23 ‘‘(C) A requirement that such substance or 

24 mixture, or any article containing such sub25 stance or mixture, be marked with or accomVerDate Mar 15 2010 01:07 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5820.IH H5820

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1 panied by clear and adequate warnings and in2 structions with respect to its use, distribution in 

3 commerce, or disposal or with respect to any 

4 combination of such activities. The form and 

5 content of such warnings and instructions shall 

6 be prescribed by the Administrator or by the 

7 appropriate agency as determined under section 

8 9, and shall be consistent with the Globally 

9 Harmonized System of Labeling and Classifica10 tion of Chemicals. 

11 ‘‘(D) A requirement that manufacturers 

12 and processors of such substance or mixture 

13 make and retain records of the processes used 

14 to manufacture or process such substance or 

15 mixture, or any article containing such sub16 stance or mixture, and monitor or conduct tests 

17 which are reasonable and necessary to assure 

18 compliance with the requirements of any rule 

19 applicable under this paragraph. 

20 ‘‘(E) A requirement prohibiting or other21 wise regulating any manner or method of man22 ufacturing, processing, distribution in commerce 

23 or commercial use of such substance or mix24 ture. 


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1 ‘‘(F) A requirement that prescribes specific 

2 control measures to reduce occupational expo3 sures shall reflect the industrial hygiene hier4 archy of controls. 

5 ‘‘(G)(i) A requirement prohibiting or other6 wise regulating any manner or method of dis7 posal of such substance or mixture, or of any 

8 article containing such substance or mixture, by 

9 its manufacturer or processor or by any other 

10 person who uses, or disposes of, it for commer11 cial purposes. 

12 ‘‘(ii) A requirement under clause (i) may 

13 not require any person to take any action which 

14 would be in violation of any law or requirement 

15 of, or in effect for, a State or political subdivi16 sion, and shall require each person subject to it 

17 to notify each State and political subdivision or 

18 tribe in which a required disposal may occur of 

19 such disposal. 

20 ‘‘(H) A requirement that the manufactur21 ers and processors of such chemical substance 

22 or mixture, or article containing such chemical 

23 substance or mixture, develop a risk reduction 

24 management plan to achieve a risk reduction 

25 specified by the Administrator. For all cases in 


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1 which a risk reduction management plan re2 quires a reduction in occupational exposure, the 

3 specified level or risk reduction is to be achieved 

4 through application of the industrial hygiene hi5 erarchy of controls. 

6 Where the Administrator determines that conditions 

7 under this subsection are necessary to ensure that a 

8 chemical substance or mixture meets the safety 

9 standard, the Administrator shall require that such 

10 conditions be met within one year after publication 

11 of the determination under subsection (b), or as 

12 quickly as feasible and in no case later than 3 years 

13 after such publication. The Administrator, in deter14 mining the deadline for compliance with conditions 

15 pursuant to this subsection, shall consider human 

16 health and the environment as the primary and 

17 paramount concern, and shall also consider the tech18 nological feasibility of compliance, the economic im19 pact of compliance, the benefits of earlier compli20 ance, and other relevant considerations. After the 

21 date or dates on which conditions become effective, 

22 no person shall manufacture, process, use for com23 mercial purposes, distribute in commerce, or dispose 

24 of the chemical substance or mixture, or any article 

25 containing such substance or mixture, unless the apVerDate Mar 15 2010 01:07 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5820.IH H5820

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1 plicable conditions of the determination are met with 

2 respect to that person’s activities. 

3 ‘‘(3) CHEMICAL SUBSTANCES AND MIXTURES

4 DETERMINED NOT TO MEET THE SAFETY STAND5 ARD.—Except as the Administrator determines pur6 suant to subsection (e): 

7 ‘‘(A) If the Administrator determines that 

8 an existing chemical substance or mixture has 

9 not been proven to meet the safety standard, 

10 pursuant to subsection (b)(3), effective 1 year 

11 after publication of that determination, or as 

12 quickly as feasible and in no case later than 3 

13 years after such publication, no person shall 

14 manufacture, process, use for commercial pur15 poses or distribute in commerce the chemical 

16 substance or mixture. The Administrator, in de17 termining the deadline for compliance with this 

18 subsection, shall consider human health and the 

19 environment as the primary and paramount 

20 concern, and shall also consider the techno21 logical feasibility of compliance, the economic 

22 impact of compliance, and other relevant con23 siderations. 

24 ‘‘(B) If the Administrator determines that 

25 a new chemical substance or mixture has not 


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1 been proven to meet the safety standard, no 

2 person shall manufacture, process, or distribute 

3 in commerce the new chemical substance or 

4 mixture. 

5 ‘‘(C) If the Administrator determines that 

6 an existing chemical substance or mixture has 

7 not been proven to meet the safety standard for 

8 a new use, no person shall manufacture, proc9 ess, use, or distribute in commerce the existing 

10 chemical substance or mixture for the new 

11 use.’’. 

12 (7) In subsection (d), as redesignated by para13 graph (4) of this subsection, by striking ‘‘present an 

14 unreasonable’’ each place it appears and inserting 

15 ‘‘present a significant’’. 

16 (8) By amending subsection (e), as redesig17 nated by paragraph (4) of this subsection, to read 

18 as follows: 

19 ‘‘(e) CRITICAL USE EXEMPTIONS.— 

20 ‘‘(1) Exemptions from restrictions on manufac21 ture, processing, use, distribution in commerce, or 

22 disposal imposed under subsection (c) may be re23 quested for a specific use by a manufacturer or proc24 essor of a chemical substance or mixture, and may 

25 be granted by the Administrator, after providing 


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1 public notice and opportunity for comment, if the 

2 Administrator determines that the manufacturer or 

3 processor has demonstrated by clear and convincing 

4 evidence that— 

5 ‘‘(A)(i) an exemption for the specific use is 

6 in the paramount interest of national security 

7 as determined under section 22; 

8 ‘‘(ii) the restriction would significantly dis9 rupt the national economy; or 

10 ‘‘(iii) the specific use is a critical or essen11 tial use; and 

12 ‘‘(B)(i) no feasible safer alternative for the 

13 specified use is available; or 

14 ‘‘(ii) the specified use of the chemical sub15 stance or mixture provides a net benefit to 

16 health or the environment when compared to all 

17 available alternatives. 

18 ‘‘(2) Exemptions granted under paragraph (1) 

19 shall expire after a period not to exceed 5 years, but 

20 may be renewed for one or more additional 5 year 

21 periods if the Administrator finds that the use con22 tinues to meet the requirements of paragraph (1). 

23 ‘‘(3) Notice of any exemption granted under 

24 this subsection shall be provided— 


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1 ‘‘(A) to known commercial purchasers by 

2 the manufacturers and processors of the subject 

3 chemical substance or mixture; and 

4 ‘‘(B) to the public by the Administrator. 

5 ‘‘(4) The Administrator shall impose conditions 

6 on any use receiving an exemption under this sub7 section to reduce risk from the chemical substance 

8 or mixture to the greatest extent feasible. Such con9 ditions shall take effect upon the granting of such 

10 exemption under paragraph (1). For cases in which 

11 such conditions are related to occupational exposure, 

12 exposure shall be controlled through application of 

13 the industrial hygiene hierarchy of controls.’’. 

14 (9) In subsection (f), as redesignated by para15 graph (3) of this subsection— 

16 (A) in paragraph (2), by striking ‘‘an un17 reasonable risk of injury to health or the envi18 ronment’’ and inserting ‘‘a substantial risk of 

19 injury to health or the environment, and will 

20 comply with section 37 and any regulations pre21 scribed thereunder’’; 

22 (B) in paragraph (3)(B)— 

23 (i) in clause (i)— 

24 (I) by striking ‘‘an unreasonable’’ 

25 and inserting ‘‘a substantial’’; and 


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1 (II) by striking ‘‘, and’’ and in2 serting a semicolon; 

3 (ii) in clause (ii)— 

4 (I) by striking ‘‘which does not 

5 present an unreasonable risk of injury 

6 to health or the environment’’ and in7 serting ‘‘that meets the safety stand8 ard under subsection (b)’’; and 

9 (II) by inserting ‘‘and’’ after 

10 ‘‘biphenyl;’’; and 

11 (iii) by adding at the end the fol12 lowing new clause: 

13 ‘‘(iii) the terms of the exemption will 

14 comply with section 37 and any regulations 

15 prescribed thereunder.’’; 

16 (C) by striking paragraph (4); and 

17 (D) by redesignating paragraph (5) as 

18 paragraph (4). 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents for the Toxic Substances Control Act is amended 

21 by amending the item relating to section 6 to read as fol22 lows: 

‘‘Sec. 6. Prioritization, safety standard determination, and risk management.’’. 

23 SEC. 7. IMMINENT HAZARDS. 

24 Section 7 of the Toxic Substances Control Act (15 

25 U.S.C. 2606) is amended as follows: 


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1 (1) By amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) ACTIONS AUTHORIZED AND REQUIRED.— 

4 ‘‘(1) CIVIL ACTION.—The Administrator may 

5 commence a civil action in an appropriate district 

6 court of the United States for— 

7 ‘‘(A) seizure of a chemical substance or 

8 mixture or any article containing such a sub9 stance or mixture, that may present an immi10 nent and substantial endangerment to health or 

11 the environment; 

12 ‘‘(B) relief (as authorized by subsection 

13 (b)) against any person who manufactures, 

14 processes, distributes in commerce, uses, or dis15 poses of, a chemical substance or mixture or 

16 any article containing such a substance or mix17 ture, that may present an imminent and sub18 stantial endangerment to health or the environ19 ment; or 

20 ‘‘(C) both such seizure described in sub21 paragraph (A) and relief described in subpara22 graph (B). 

23 ‘‘(2) OTHER ACTIONS.—The Administrator may 

24 issue such orders as may be necessary to protect 

25 health or the environment from a chemical substance 


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1 or mixture or article containing such substance or 

2 mixture that may present an imminent and substan3 tial endangerment to health or the environment. 

4 Such orders may include any requirements on the 

5 manufacture, processing, distribution in commerce, 

6 use, or disposal of a chemical substance or mixture, 

7 or article containing such substance or mixture, as 

8 the Administrator determines are necessary to pro9 tect health or the environment, including the condi10 tions that may be imposed under section 6(c)(2) and 

11 the relief authorized in subsection (b) of this section. 

12 ‘‘(3) RELATIONSHIP TO EXISTING RULES, OR13 DERS, AND PROCEEDINGS.—A civil action may be 

14 commenced under paragraph (1) or other action may 

15 be taken under paragraph (2), notwithstanding the 

16 existence of a rule or order under this Act and not17 withstanding the pendency of any administrative or 

18 judicial proceeding under this Act.’’. 

19 (2) In subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘subsection (a)’’ and 

22 inserting ‘‘subsection (a)(1)’’; and 

23 (ii) by striking ‘‘unreasonable risk’’ 

24 and inserting ‘‘imminent and substantial 

25 endangerment’’; 


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1 (B) in paragraph (2)— 

2 (i) by striking ‘‘subsection (a)’’ and 

3 inserting ‘‘subsection (a)(1)’’; 

4 (ii) by striking ‘‘or distributes in com5 merce’’ and inserting ‘‘distributes in com6 merce, uses, or disposes of’’; 

7 (iii) by striking ‘‘risk’’ each place it 

8 appears and inserting ‘‘hazard’’; and 

9 (iv) by striking ‘‘or (E)’’ and inserting 

10 ‘‘(E) conditions that may be imposed 

11 under section 6(c); or (F)’’; and 

12 (C) in paragraph (3), by striking ‘‘sub13 section (a)’’ and inserting ‘‘subsection (a)(1)’’. 

14 (3) In subsection (c), by striking ‘‘subsection 

15 (a)’’ each place it appears and inserting ‘‘subsection 

16 (a)(1)’’. 

17 (4) By amending subsection (d) to read as fol18 lows: 

19 ‘‘(d) ACTION UNDER SECTION 6.—As appropriate, 

20 concurrently with the filing of an action under subsection 

21 (a)(1) or as soon thereafter as may be practicable, the Ad22 ministrator shall add the subject chemical substance or 

23 mixture to the priority list under section 6(a) or initiate 

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1 stance or mixture meets the safety standard under section 

2 6(b).’’. 

3 (5) In subsection (e), by striking ‘‘subsection 

4 (a)’’ and inserting ‘‘subsection (a)(1)’’. 

5 (6) By striking subsection (f). 

6 SEC. 8. REPORTING AND RETENTION OF INFORMATION. 

7 Section 8 of the Toxic Substances Control Act (15 

8 U.S.C. 2607) is amended— 

9 (1) by striking subsection (a) and redesignating 

10 subsection (b) as subsection (c); 

11 (2) by redesignating subsection (e) as sub12 section (h); 

13 (3) by redesignating subsection (c) as sub14 section (e); 

15 (4) by striking subsection (d); 

16 (5) by redesignating subsection (f) as sub17 section (j); 

18 (6) by inserting before subsection (c), as redes19 ignated by paragraph (1) of this section, the fol20 lowing new subsections: 

21 ‘‘(a) DECLARATIONS.— 

22 ‘‘(1) IN GENERAL.—(A) Each manufacturer or 

23 processor of a chemical substance distributed in 

24 commerce shall submit to the Administrator a dec25 laration described in paragraph (2) or (3), accomVerDate Mar 15 2010 01:07 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5820.IH H5820

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1 panied by the certification described in subsection 

2 (i), not later than 1 year after the date of enactment 

3 of the Toxic Chemicals Safety Act of 2010 or 1 year 

4 after commencement of such manufacturing or proc5 essing, whichever is earlier. 

6 ‘‘(B) The Administrator may additionally re7 quire submission of a declaration described in para8 graph (2) or (3), accompanied by the certification 

9 described in subsection (i), from any manufacturer 

10 or processor of a mixture determined by the Admin11 istrator to have substance characteristics different 

12 from the substance characteristics of the constituent 

13 chemical substances, in kind or degree. 

14 ‘‘(2) DECLARATION OF CURRENT MANUFAC15 TURE OR PROCESSING.—A declaration described in 

16 this paragraph is a statement that includes, for each 

17 chemical substance or mixture that is manufactured 

18 or processed by a manufacturer or processor— 

19 ‘‘(A) the chemical identity of the chemical 

20 substance or mixture; 

21 ‘‘(B) the name and location of each facility 

22 under the control of the manufacturer or proc23 essor at which the chemical substance or mix24 ture is manufactured or processed or from 


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1 which the chemical substance or mixture is dis2 tributed in commerce; 

3 ‘‘(C) the number of individuals exposed, 

4 and reasonable estimates of the number who 

5 will be exposed, to such substance or mixture in 

6 their places of employment and the duration of 

7 such exposure; 

8 ‘‘(D) a list of health and safety studies 

9 conducted or initiated by or for, known to, or 

10 reasonably ascertainable by the manufacturer 

11 or processor with respect to the chemical sub12 stance or mixture, and copies of any such stud13 ies that have not previously been submitted to 

14 the Administrator by the manufacturer or proc15 essor; and 

16 ‘‘(E) all other information known to, in the 

17 possession or control of, or reasonably ascer18 tainable by the manufacturer or processor that 

19 has not previously been submitted to the Ad20 ministrator by the manufacturer or processor 

21 regarding— 

22 ‘‘(i) the physical, chemical, and toxi23 cological properties of the chemical sub24 stance or mixture, including classification 

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1 ance with the Globally Harmonized System 

2 for Hazard Communication; 

3 ‘‘(ii) the categories or proposed cat4 egories of intended use of each such sub5 stance or mixture; 

6 ‘‘(iii) the total amount of each sub7 stance and mixture manufactured or proc8 essed, reasonable estimates of the total 

9 amount to be manufactured or processed, 

10 the amount manufactured or processed for 

11 each of its categories of use, and reason12 able estimates of the amount to be manu13 factured or processed for each of its cat14 egories of use or proposed categories of 

15 use; 

16 ‘‘(iv) a description of the byproducts 

17 resulting from the manufacture, proc18 essing, use, or disposal of each such sub19 stance or mixture; 

20 ‘‘(v) exposure information relating to 

21 the chemical substance or mixture; 

22 ‘‘(vi) any condition or conditions cur23 rently placed on the chemical substance or 

24 mixture due to regulation under any Fed25 eral law or due to voluntary action; and 


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1 ‘‘(vii) for a processor of a chemical 

2 substance, any information indicating that 

3 a mixture including the chemical substance 

4 has substance characteristics that are dif5 ferent from the substance characteristics of 

6 the named chemical substances, in kind or 

7 degree. 

8 To the extent feasible, the Administrator shall 

9 not require under paragraph (1), any reporting 

10 which is unnecessary or duplicative. 

11 ‘‘(3) DECLARATION OF PERMANENT CESSATION

12 OF MANUFACTURING OR PROCESSING.—A manufac13 turer or processor that permanently ceases manufac14 ture or processing of a chemical substance or mix15 ture shall file a declaration certifying that the manu16 facturer or processor has permanently ceased all 

17 manufacturing or processing of the chemical sub18 stance or mixture, not later than 180 days after ces19 sation is complete. A declaration under this para20 graph may be filed based on an intention to perma21 nently cease manufacture or processing, in which 

22 case such cessation must be completed not later 

23 than 180 days after the declaration is filed. 

24 ‘‘(4) UPDATING OF DECLARATION.—Each man25 ufacturer or processor of a chemical substance or 


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1 mixture that submits to the Administrator a declara2 tion required under paragraph (2) shall submit an 

3 update of the previously submitted declaration to the 

4 Administrator, at a minimum, once every 3 years, 

5 and immediately, at any time at which there be6 comes known or available to, in the possession or 

7 control of, or reasonably ascertainable by the manu8 facturer or processor, significant new information re9 garding a physical, chemical, toxicological property 

10 or use of, or exposure to, the chemical substance or 

11 mixture, indicating a new potential adverse effect of 

12 the chemical substance or mixture, suggesting an 

13 adverse effect at a lower dose than previously dem14 onstrated, or otherwise reasonably relevant to an 

15 analysis of whether the chemical substance or mix16 ture meets the safety standard under section 6. 

17 ‘‘(5) RECORDS TO SUPPORT DECLARATIONS.— 

18 Each manufacturer or processor of a chemical sub19 stance, substance, or mixture, as applicable, distrib20 uted in commerce shall maintain records of the in21 formation described in subparagraphs (A) through 

22 (E) of paragraph (2). 

23 ‘‘(6) PROHIBITION.—The Administrator may 

24 impose penalties, pursuant to section 16, on a manu25 facturer or processor in violation of paragraphs (1) 


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1 or (4), or, by order, prohibit, or otherwise impose 

2 conditions under section 6(c), on the manufacture, 

3 processing, or distribution in commerce of a chem4 ical substance or mixture, or any article containing 

5 such chemical substance or mixture, by a manufac6 turer or processor in violation of such paragraphs. 

7 ‘‘(b) RECORDKEEPING AND REPORTS.— 

8 ‘‘(1) The Administrator may, by rule or order, 

9 require any person who manufactures, processes, 

10 distributes in commerce, uses for commercial pur11 poses, repackages, or disposes of a chemical sub12 stance, mixture, or article containing such substance 

13 or mixture (other than as described in paragraph 

14 (2)) to maintain records of and submit reports by a 

15 specified date, to supply any information concerning 

16 the chemical substance, mixture, or article con17 taining such substance or mixture that, in the judg18 ment of the Administrator, would assist the Admin19 istrator in— 

20 ‘‘(A) making a safety standard determina21 tion with respect to a chemical substance or 

22 mixture under this title; or 

23 ‘‘(B) administering any other provision of 

24 this Act. 


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1 ‘‘(2) With respect to the manufacture, proc2 essing, distribution in commerce, use, or disposal of 

3 a chemical substance or mixture in small quantities 

4 (as defined by the Administrator by rule) solely for 

5 purposes of scientific experimentation or analysis or 

6 chemical research, including any such research or 

7 analysis for the development of a product, the Ad8 ministrator may require a person to maintain 

9 records or submit a report under paragraph (1) only 

10 to the extent the Administrator determines the 

11 maintenance of records or submission of reports, or 

12 both, is necessary for the effective enforcement of 

13 this Act. 

14 ‘‘(3) The Administrator may impose penalties, 

15 pursuant to section 16, on a person in violation of 

16 a requirement of a rule or order under paragraph 

17 (1) or, by order, prohibit, or otherwise impose condi18 tions under section 6(c), on the manufacture, proc19 essing, or distribution in commerce of a chemical 

20 substance or mixture, or any article containing such 

21 chemical substance or mixture, by a person in viola22 tion of such a requirement.’’; 

23 (7) in subsection (c), as redesignated by para24 graph (1) of this section— 


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1 (A) in the subsection heading, by inserting 

2 ‘‘AND CATEGORIZATION’’ after ‘‘INVENTORY’’; 

3 (B) by amending paragraph (1) to read as 

4 follows: 

5 ‘‘(1) INVENTORY.—The Administrator shall 

6 compile, keep current, publish and enter into the 

7 public database established pursuant to subsection 

8 (d) a list of each chemical substance, and each mix9 ture for which a declaration is received, which is 

10 manufactured or processed in the United States. 

11 Such list shall at least include each such chemical 

12 substance or mixture which any person reports, 

13 under section 5 or subsection (a)(2) of this section, 

14 is manufactured or processed in the United States, 

15 but shall not include any chemical substance or mix16 ture for which all manufacturers and processors 

17 have submitted declarations under subsection (a)(3). 

18 In the case of a chemical substance or mixture for 

19 which a notice is submitted in accordance with sec20 tion 5, the date of such notice shall be included in 

21 the list under this section, in addition to the date on 

22 which the chemical substance or mixture was first 

23 added to the list. The Administrator shall first pub24 lish such a list not later than 24 months after the 

25 effective date of the Toxic Chemicals Safety Act of 


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1 2010. The Administrator shall not include in such 

2 list any chemical substance or mixture which is man3 ufactured or processed only in small quantities (as 

4 defined by the Administrator by rule) solely for pur5 poses of scientific experimentation or analysis or 

6 chemical research on, or analysis of, such substance 

7 or mixture or another substance or mixture, includ8 ing such research or analysis for the development of 

9 a product.’’; and 

10 (C) by amending paragraph (2) to read as 

11 follows: 

12 ‘‘(2) CATEGORIZED INVENTORY.—Not later 

13 than 5 years after the date of enactment of the 

14 Toxic Chemicals Safety Act of 2010, and no less 

15 than every 3 years thereafter, the Administrator 

16 shall publish in the Federal Register and enter in 

17 the public database established pursuant to sub18 section (d) a list of all chemical substances and mix19 tures manufactured, processed, or distributed in 

20 commerce that categorizes the chemical substances 

21 and mixtures, based on existing information avail22 able to the Administrator, based upon health or en23 vironmental adverse effects, exposure, or other cri24 teria that the Administrator determine appro25 priate.’’; 


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1 (8) by inserting after subsection (c), as redesig2 nated by paragraph (1) of this section, the following 

3 new subsection: 

4 ‘‘(d) PUBLIC DATABASE AND ACCESS TO SIGNIFI5 CANT INFORMATION.— 

6 ‘‘(1) PUBLIC DATABASE.—Not later than 1 year 

7 after the date of the enactment of Toxic Chemicals 

8 Safety Act of 2010, the Administrator shall estab9 lish— 

10 ‘‘(A) an electronic database that is search11 able, sortable, downloadable, and publicly acces12 sible on the Internet for storing and sharing of 

13 information relating to the toxicity and use of, 

14 and exposure to, chemical substances and mix15 tures; and 

16 ‘‘(B) procedures for use in maintaining 

17 and updating the database. 

18 ‘‘(2) PUBLIC ACCESS TO SIGNIFICANT INFORMA19 TION.—Not later than 90 days after the date of any 

20 significant decision made by the Administrator or re21 ceipt by the Administrator of any significant infor22 mation submitted pursuant to this title, the Admin23 istrator shall, subject to section 14, make available 

24 to the public on the public database established pur25 suant to paragraph (1) such significant decision 


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1 made by the Administrator under this title or such 

2 significant information submitted pursuant to this 

3 title.’’; 

4 (9) in subsection (e), as redesignated by para5 graph (3) of this section— 

6 (A) in the subsection heading, by inserting 

7 ‘‘OF SIGNIFICANT ADVERSE REACTIONS’’ after 

8 ‘‘RECORDS’’; and 

9 (B) by inserting ‘‘Such records shall be 

10 submitted to the Administrator on an annual 

11 basis, or immediately upon request by the Ad12 ministrator.’’ after the first sentence; 

13 (10) by inserting after subsection (e), as redes14 ignated by paragraph (3) of this section, the fol15 lowing new subsections: 

16 ‘‘(f) DISCLOSURES TO COMMERCIAL PURCHASERS.— 

17 Effective 1 year after the date of enactment of the Toxic 

18 Chemicals Safety Act of 2010, all manufacturers and 

19 processors of chemical substances and mixtures subject to 

20 this section shall provide, with shipment or promptly 

21 thereafter and by request, to all known commercial pur22 chasers of the chemical substances and mixtures they 

23 manufacture or process a disclosure, subject to section 14, 

24 of— 


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1 ‘‘(1) the chemical identity of the chemical sub2 stance or, for mixtures, the chemical identity of all 

3 chemical ingredients; 

4 ‘‘(2) all information regarding toxicological 

5 properties of the chemical substance or mixture sub6 mitted to the Administrator under subsection (a); 

7 ‘‘(3) the list of health and safety studies sub8 mitted to the Administrator under subsection (a), 

9 with copies of the individual studies available upon 

10 request; and 

11 ‘‘(4) any records of significant adverse reactions 

12 submitted to the Administrator under subsection (e). 

13 ‘‘(g) INFORMATION IN THE POSSESSION OF OTHER

14 FEDERAL AGENCIES.— 

15 ‘‘(1) The Administrator may request, and upon 

16 such request a Federal agency shall submit to the 

17 Administrator, any information in the possession or 

18 control of such Federal agency relating to a hazard 

19 of, use of, exposure to, or risk of a chemical sub20 stance or mixture, or a report, including copies of 

21 the data and records in the possession or control of 

22 such Federal agency that may be useful to the Ad23 ministrator in carrying out the purposes of this Act. 


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1 ‘‘(2) The Administrator shall specify the for2 mat, content, and level of detail of any report re3 quested under paragraph (1). 

4 ‘‘(3) Each Federal agency shall make its initial 

5 submission to the Administrator within 60 days of 

6 receipt of the specification under paragraph (2). 

7 ‘‘(4) The Administrator shall issue a request 

8 pursuant to paragraph (1) to each Federal agency 

9 which the Administrator reasonably expects may 

10 have information on chemical substances or mixtures 

11 that would assist the Administrator in making a 

12 safety standard determination for a chemical sub13 stance or mixture under this title. Such requests 

14 shall be issued by the Administrator not later than 

15 12 months after the date on which the Adminis16 trator lists a chemical substance or mixture on the 

17 priority list under section 6(a), or, for chemical sub18 stances identified in section 6(a)(1)(A), 12 months 

19 after enactment of the Toxic Chemicals Safety Act 

20 of 2010.’’; and 

21 (11) by inserting after subsection (h), as redes22 ignated by paragraph (2) of this section, the fol23 lowing new subsection: 

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

25 pursuant to this title, or pursuant to a rule or an order 


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1 promulgated or issued by the Administrator under this 

2 title, other than a submission under subsection (g), shall 

3 be accompanied by a certification signed by a responsible 

4 official of the submitting party that each statement con5 tained in the submission— 

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

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

8 possession or control of, or reasonably ascertainable 

9 by the manufacturer or processor.’’. 

10 SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS. 

11 Section 9(a)(1) of the Toxic Substances Control Act 

12 (15 U.S.C. 2608(a)(1)) is amended— 

13 (1) by striking ‘‘the manufacture, processing, 

14 distribution in commerce, use, or disposal of’’ after 

15 ‘‘If the Administrator has reasonable basis to con16 clude that’’; 

17 (2) by striking ‘‘, or that any combination of 

18 such activities, presents or will present an unreason19 able risk of injury to health or the environment’’ and 

20 inserting ‘‘does not meet the safety standard under 

21 section 6(b)’’; 

22 (3) by striking ‘‘such risk may be prevented’’ 

23 and inserting ‘‘that the risk associated with the 

24 chemical substance or mixture may be prevented’’; 


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1 (4) by striking ‘‘describes such risk’’ and insert2 ing ‘‘describes the risk associated with the chemical 

3 substance or mixture’’; and 

4 (5) in the matter following subparagraph (B)— 

5 (A) by striking ‘‘Any report’’ and inserting 

6 ‘‘Any such report’’; 

7 (B) by striking ‘‘information on which it is 

8 based and shall be published in the Federal 

9 Register’’ and inserting ‘‘information on which 

10 it is based and shall be promptly published in 

11 the Federal Register and entered into the pub12 lic database established pursuant to section 

13 8(d)’’; 

14 (C) by inserting ‘‘and not more than 180 

15 days’’ after ‘‘but such time specified may not be 

16 less than 90 days’’; and 

17 (D) by inserting ‘‘and entered into the 

18 public database established pursuant to section 

19 8(d)’’ after ‘‘conclusions of the agency and shall 

20 be published in the Federal Register’’. 

21 SEC. 10. MIXTURES. 

22 (a) MIXTURE DEFINITION AND DETERMINATION.— 

23 Section 3 of the Toxic Substances Control Act (15 U.S.C. 

24 2602), as amended by section 3 of this Act, is further 

25 amended— 


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1 (1) by amending paragraph (8) to read as fol2 lows: 

3 ‘‘(8) The term ‘mixture’ means any composition 

4 of two or more chemical substances if the composi5 tion does not occur in nature, and is not, in whole 

6 or in part, the result of a chemical reaction.’’; and 

7 (2) by inserting after paragraph (b)(2) the fol8 lowing new paragraph: 

9 ‘‘(3) The Administrator may determine dif10 ferent mixtures comprised of the same chemical sub11 stances to be the same mixture for purposes of this 

12 Act, if the substance characteristics of the mixtures 

13 are identical. Mixtures which would be considered 

14 new mixtures but for grouping under this paragraph 

15 shall not be considered new mixtures for purposes of 

16 this Act.’’. 

17 (b) QUANTIFICATION.—Subsection (c) of section 8 of 

18 the Toxic Substances Control Act (15 U.S.C. 2607), as 

19 amended by section 8 of this Act, is further amended by 

20 adding at the end the following new paragraph: 

21 ‘‘(3) MIXTURE SURVEY.—Not later than 6 

22 years after the date of enactment of the Toxic 

23 Chemicals Safety Act of 2010, the Administrator 

24 shall, based on declarations under this section and 

25 a survey of processors as necessary and appropriate, 


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1 characterize the number of mixtures, including mix2 tures grouped pursuant to paragraph (b)(3) of sec3 tion 3, introduced into commerce in the United 

4 States, and the number of such mixtures that have 

5 or may have substance characteristics that are dif6 ferent, in kind or degree, from the substance charac7 teristics of the constituent chemical substances, and 

8 shall publish such characterization in the Federal 

9 Register and enter it in the public database estab10 lished in subsection (d).’’. 

11 SEC. 11. INSPECTIONS AND SUBPOENAS. 

12 Section 11 of the Toxic Substances Control Act (15 

13 U.S.C. 2610) is amended— 

14 (1) in subsection (a)— 

15 (A) by inserting ‘‘commercial’’ after ‘‘es16 tablishment, facility, or other’’; 

17 (B) by striking ‘‘premises in which chem18 ical substances, mixtures’’ and inserting ‘‘prem19 ises in which chemical substances or mixtures 

20 subject to this Act, articles containing such sub21 stances or mixtures’’; 

22 (C) by inserting ‘‘and any place where 

23 records relating to such chemical substances, 

24 mixtures, articles, or products or otherwise re25 lating to compliance with this Act, are held’’ 


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1 after ‘‘or such articles in connection with dis2 tribution in commerce’’; and 

3 (D) by adding at the end the following: 

4 ‘‘The Administrator, and any duly designated representa5 tive of the Administrator, may also inspect and obtain 

6 samples of any such chemical substances, mixtures, or ar7 ticles, and any containers or labeling of such chemical sub8 stances, mixtures, or articles.’’; and 

9 (2) in subsection (b)— 

10 (A) in paragraph (1), by striking ‘‘chem11 ical substances, mixtures, or products’’ and in12 serting ‘‘chemical substances or mixtures sub13 ject to this Act, articles containing such sub14 stances or mixtures, or products’’; and 

15 (B) in paragraph (2)(E), by inserting ‘‘or 

16 order’’ after ‘‘rule’’. 

17 SEC. 12. EXPORTS. 

18 Section 12 of the Toxic Substances Control Act (15 

19 U.S.C. 2611) is amended— 

20 (1) by striking subsection (a) and redesignating 

21 subsections (b) and (c) as subsections (a) and (b), 

22 respectively; 

23 (2) in subsection (a), as redesignated by para24 graph (1) of this section— 

25 (A) in paragraph (1)— 


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1 (i) by striking ‘‘or intends to export’’; 

2 (ii) by striking ‘‘or 5(b)’’; 

3 (iii) by striking ‘‘or intent to export’’ 

4 and inserting ‘‘not later than 30 days after 

5 the date of exportation of the substance or 

6 mixture’’; and 

7 (iv) by inserting ‘‘promptly there8 after’’ before ‘‘furnish’’; 

9 (B) in paragraph (2)— 

10 (i) by striking ‘‘or intends to export’’; 

11 (ii) by striking ‘‘an order has been 

12 issued under section 5 or a rule has been 

13 proposed or promulgated under section 5 

14 or 6, or with respect to which an action is 

15 pending, or relief has been granted under 

16 section 5 or 7’’ and inserting ‘‘a condition 

17 has been imposed pursuant to section 

18 6(c)(2) or an action has been taken pursu19 ant to section 7’’; 

20 (iii) by striking ‘‘or intent to export’’ 

21 and inserting ‘‘not later than 30 days after 

22 the date of exportation of the substance or 

23 mixture’’; 

24 (iv) by inserting ‘‘promptly there25 after’’ before ‘‘furnish’’; and 


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1 (v) by striking ‘‘such rule, order, ac2 tion, or relief’’ and inserting ‘‘such condi3 tion imposed pursuant to section 6(c)(2) or 

4 such action taken pursuant to section 7’’; 

5 and 

6 (C) by adding at the end the following new 

7 paragraph: 

8 ‘‘(3)(A) Any person that has previously notified 

9 the Administrator of the exportation of a chemical 

10 substance or mixture under this section shall notify 

11 the Administrator of any change in the information 

12 provided in the original notice not later than 30 

13 days after such a change. 

14 ‘‘(B) The Administrator shall furnish, as 

15 promptly as feasible, an updated notice to the gov16 ernments that have been notified pursuant to para17 graphs (1) and (2) regarding the exportation of any 

18 chemical substance or mixture subject to this section 

19 if— 

20 ‘‘(i) new data for such substance or mix21 ture have been received by the Administrator 

22 pursuant to section 4, section 5(b), section 8(e), 

23 or section 8(h); 


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1 ‘‘(ii) the Administrator has received notice 

2 under subparagraph (A) of a change in the in3 formation provided in the original notice; or 

4 ‘‘(iii) a change has been made in any con5 ditions imposed pursuant to section 6(c) or sec6 tion 7 for such substance or mixture.’’; 

7 (3) in subsection (b), as redesignated by para8 graph (1), by striking paragraph (2) and redesig9 nating paragraphs (3), (4), (5), and (6) as para10 graphs (2), (3), (4), and (5), respectively; and 

11 (4) by adding at the end the following new sub12 sections: 

13 ‘‘(c) CHEMICALS LISTED UNDER THE PIC CONVEN14 TION.—If any person intends to export to a foreign coun15 try a chemical substance or mixture listed in Annex III 

16 of the PIC Convention as of the date of enactment of the 

17 Toxic Chemicals Safety Act of 2010, such person shall file 

18 the notice required under subsection (a) not later than 30 

19 days prior to the date of exportation of such substance 

20 or mixture and shall include therein the information re21 quired for export under such Convention as of the date 

22 of enactment of the Toxic Chemicals Safety Act of 2010. 

23 ‘‘(d) PUBLIC RECORDS.—The Administrator shall 

24 maintain copies of all current notices provided to other 


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1 governments under this section, and make such copies 

2 available to the public in electronic format. 

3 ‘‘(e) DEFINITION.—For purposes of this title, the 

4 term ‘PIC Convention’ means the Rotterdam Convention 

5 on the Prior Informed Consent Procedure for Certain 

6 Hazardous Chemicals and Pesticides in International 

7 Trade, adopted in Rotterdam on September 10, 1998, and 

8 any subsequent amendment or protocol.’’. 

9 SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE 

10 UNITED STATES. 

11 Section 13 of the Toxic Substances Control Act (15 

12 U.S.C. 2612) is amended— 

13 (1) by redesignating subsections (a) and (b) as 

14 subsections (b) and (c), respectively; 

15 (2) by inserting, before subsection (b), as redes16 ignated by paragraph (1) of this section, the fol17 lowing new subsection: 

18 ‘‘(a) DUTIES OF IMPORTERS.—The importer of any 

19 chemical substance, mixture, or article containing a chem20 ical substance or mixture for distribution in commerce 

21 shall satisfy all requirements under sections 4, 5, 6, and 

22 8 of this Act, without regard to whether the chemical sub23 stance or mixture has been formed into or contained in 

24 an article prior to importation.’’; 


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1 (3) in subsection (b), as redesignated by para2 graph (1) of this section— 

3 (A) by amending the subsection heading to 

4 read as follows: 

5 ‘‘(b) ENTRY.—’’; 

6 (B) by striking ‘‘Secretary of the Treas7 ury’’ each place it appears and inserting ‘‘Sec8 retary of Homeland Security’’; and 

9 (C) in paragraph (1), by striking the em 

10 dash and subparagraphs (A) and (B) and in11 serting ‘‘the substance, mixture, or article fails 

12 to comply with or is offered for entry in viola13 tion of any rule or order in effect under this 

14 Act.’’; and 

15 (4) in subsection (c), as redesignated by para16 graph (1) of this section— 

17 (A) by striking ‘‘Secretary of the Treas18 ury’’ and inserting ‘‘Secretary of Homeland Se19 curity’’; and 

20 (B) by striking ‘‘subsection (a)’’ and in21 serting ‘‘subsection (b)’’. 

22 SEC. 14. DISCLOSURE OF DATA. 

23 Section 14 of the Toxic Substances Control Act (15 

24 U.S.C. 2613) is amended— 


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1 (1) by redesignating subsections (a) and (b) as 

2 subsections (c) and (d), respectively; 

3 (2) by redesignating subsections (c) through (e) 

4 as subsections (f) through (h), respectively; 

5 (3) by inserting, before subsection (c), as redes6 ignated by paragraph (1) of this section, the fol7 lowing new subsections: 

8 ‘‘(a) ADMINISTRATOR RESPONSIBILITIES.—The Ad9 ministrator shall ensure that— 

10 ‘‘(1) information control designations under this 

11 section are not a determinant of public disclosure 

12 pursuant to section 552 of title 5, United States 

13 Code (commonly referred to as the ‘Freedom of In14 formation Act’); and 

15 ‘‘(2) all information in the Administrator’s pos16 session that is releasable pursuant to an appropriate 

17 request under section 552 of title 5, United States 

18 Code (commonly referred to as the ‘Freedom of In19 formation Act’), is made available to members of the 

20 public. 

21 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to prevent or discourage the Ad23 ministrator from voluntarily releasing to the public any 

24 unclassified information that is not exempt from disclo25 sure under section 552 of title 5, United States Code 


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1 (commonly referred to as the ‘Freedom of Information 

2 Act’).’’; 

3 (4) in subsection (c), as redesignated by para4 graph (1) of this subsection— 

5 (A) by striking ‘‘Except as provided by 

6 subsection (b)’’ and all that follows through 

7 ‘‘subsection (b)(4) of such section,’’ and insert8 ing ‘‘Except as provided by subsection (d), in9 formation submitted to the Administrator pur10 suant to this Act may be designated for infor11 mation protection by the submitter of such in12 formation based on the submitter’s reasonable 

13 belief that the information is eligible for protec14 tion under section 552 of title 5, United States 

15 Code. Information designated for protection 

16 under this section’’; 

17 (B) by inserting ‘‘unless the designation is 

18 determined to be inappropriate,’’ after ‘‘Admin19 istrator or by any officer or employee of the 

20 United States,’’; 

21 (C) by redesignating paragraphs (3) and 

22 (4) as paragraphs (4) and (5), respectively; 

23 (D) by adding after paragraph (2) the fol24 lowing new paragraph: 


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1 ‘‘(3) shall be disclosed upon request to a State, 

2 tribal, or municipal government, including identifica3 tion of the location of the manufacture, processing, 

4 or storage of a chemical substance upon the request 

5 of the government for the purpose of administration 

6 or enforcement of a law, if one or more applicable 

7 agreements ensure that the recipient government 

8 will take appropriate steps to maintain the confiden9 tiality of the information in accordance with this sec10 tion and section 350.27 of title 40, Code of Federal 

11 Regulations, or any successor to such regulation;’’; 

12 and 

13 (E) in paragraph (4), as redesignated by 

14 subparagraph (C) of this paragraph, by striking 

15 ‘‘an unreasonable’’ and inserting ‘‘a substan16 tial’’; 

17 (5) in subsection (d), as redesignated by para18 graph (1) of this section— 

19 (A) in the subsection heading, by striking 

20 ‘‘DATA FROM HEALTH AND SAFETY STUDIES’’ 

21 and inserting ‘‘INFORMATION NOT ELIGIBLE

22 FOR PROTECTION’’; 

23 (B) by amending paragraph (1) to read as 

24 follows: 


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1 ‘‘(1) The following types of information shall 

2 not be eligible for protection under this section, and 

3 the Administrator shall not approve a request to 

4 protect information of the following types under this 

5 section: 

6 ‘‘(A) The identity of a chemical substance 

7 when included in a health and safety study, 

8 safety standard determination under section 

9 6(b), or information indicating the presence of 

10 the chemical substance in a consumer article in11 tended for use or reasonably expected to be 

12 used by children or indicating exposure to the 

13 chemical substance in children. 

14 ‘‘(B) The components of a mixture, when 

15 included in a health and safety study, safety 

16 standard determination under section 6(b), or 

17 information indicating the presence of the mix18 ture in a consumer article intended for use or 

19 reasonably expected to be used by children or 

20 indicating exposure to the mixture in children. 

21 ‘‘(C) Any safety standard developed under 

22 section 6(b). 

23 ‘‘(D) Any health and safety study which is 

24 submitted under this Act with respect to— 


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1 ‘‘(i) any chemical substance or mix2 ture— 

3 ‘‘(I) which, on the date on which 

4 such study is to be disclosed has been 

5 offered for commercial distribution; or 

6 ‘‘(II) for which testing is re7 quired under section 4 or for which 

8 notification is required under section 

9 5 of this title; and 

10 ‘‘(ii) any data reported to, or other11 wise obtained by, the Administrator from a 

12 health and safety study which relates to a 

13 chemical substance or mixture described in 

14 clause (i). 

15 ‘‘(E) Any information indicating the pres16 ence of a chemical substance or mixture in a 

17 consumer article intended for use or reasonably 

18 expected to be used by children or indicating 

19 exposure to the chemical substance or mixture 

20 in children. 

21 This paragraph does not authorize the release of any 

22 data which discloses processes used in the manufac23 turing or processing of a chemical substance or mix24 ture or, in the case of a mixture, the release of data 


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1 disclosing the portion of the mixture comprised by 

2 any of the chemical substances in the mixture.’’; and 

3 (C) in paragraph (2)— 

4 (i) by striking ‘‘the first sentence of 

5 paragraph (1)’’ and inserting ‘‘paragraph 

6 (1)(D)’’; and 

7 (ii) by striking ‘‘in the second sen8 tence of such paragraph’’ and inserting ‘‘in 

9 the last sentence of paragraph (1)’’; 

10 (6) by inserting after subsection (d), as redesig11 nated by paragraph (1) of this section, the following 

12 new subsection: 

13 ‘‘(e) GUIDANCE.—Not later than 1 year after the 

14 date of enactment of the Toxic Chemicals Safety Act of 

15 2010, the Administrator shall by order develop and make 

16 publicly available guidance that specifies— 

17 ‘‘(1) the format for and manner for designating 

18 information for protection; 

19 ‘‘(2) the acceptable bases on which written re20 quests to protect information under this section may 

21 be approved, which shall be no more restrictive of 

22 public disclosure than section 552 of title 5, United 

23 States Code; and 

24 ‘‘(3) the documentation that must accompany 

25 such requests.’’; 


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1 (7) by amending subsection (f), as redesignated 

2 by paragraph (2) of this section, to read as follows: 

3 ‘‘(f) DESIGNATION AND RELEASE OF CONFIDENTIAL

4 INFORMATION.— 

5 ‘‘(1) DUTIES OF MANUFACTURERS AND PROC6 ESSORS.—In submitting information under this Act, 

7 a manufacturer, processor, or distributor in com8 merce may designate the information which such 

9 person believes is entitled to protection under this 

10 section, and submit such designated information sep11 arately from other information submitted under this 

12 Act. A designation under this paragraph shall be ac13 companied by the appropriate fee under subsection 

14 (i), shall be made in writing and in such manner as 

15 the Administrator may prescribe, and shall in16 clude— 

17 ‘‘(A) justification for each claim of con18 fidentiality; 

19 ‘‘(B) a certification that the information is 

20 not otherwise publicly available; and 

21 ‘‘(C) separate copies of all submitted infor22 mation, with 1 copy containing and 1 copy ex23 cluding the information to which the request 

24 applies. 


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1 Designations shall last for 5 years, at which time the 

2 information shall be made public unless the manu3 facturer or processor has submitted a request for re4 newal, accompanied by the appropriate fee under 

5 subsection (i), made in writing and in such manner 

6 as the Administrator may prescribe, including all of 

7 the elements required for the initial submission. 

8 ‘‘(2) DUTIES OF THE ADMINISTRATOR.—The 

9 Administrator shall— 

10 ‘‘(A) evaluate a representative sample of 

11 all submitted designations and requests for re12 newal within 60 days of their submission to de13 termine whether— 

14 ‘‘(i) each claim of confidentiality is 

15 justified under section 552 of title 5, 

16 United States Code, and any applicable 

17 guidance published under subsection (e); 

18 ‘‘(ii) the designation was accompanied 

19 by the appropriate fee, made in writing 

20 and in such manner as prescribed by the 

21 Administrator, and included the necessary 

22 components; and 

23 ‘‘(iii) the information is not publicly 

24 available; 


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1 ‘‘(B) release all information previously des2 ignated for protection if one or more of the cri3 teria in subparagraph (A) are not found; 

4 ‘‘(C) determine whether the criteria in sub5 paragraph (A) were met at the time the des6 ignation was made; and 

7 ‘‘(D) make such determinations publicly 

8 available. 

9 ‘‘(3) NOTIFICATION.—(A) Except as provided 

10 by subparagraph (B), if the Administrator proposes 

11 to release for inspection data which has been des12 ignated under paragraph (1) but not released under 

13 paragraph (2), the Administrator shall notify, in 

14 writing and by certified mail, the manufacturer, 

15 processor, or distributor in commerce who submitted 

16 such information of the intent to release such data. 

17 If the release of such data is to be made pursuant 

18 to a request made under section 552(a) of title 5, 

19 such notice shall be given immediately upon approval 

20 of such request by the Administrator. The Adminis21 trator shall release the information in accordance 

22 with the disclosure and procedural requirements of 

23 section 552 of title 5, United States Code. 

24 ‘‘(B)(i) Subparagraph (A) shall not apply to the 

25 release of information under paragraph (1), (2), (3), 


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1 (4), or (5) of subsection (c) of this section, except 

2 that the Administrator may not release data under 

3 paragraph (4) of subsection (c) of this section unless 

4 the Administrator has notified each manufacturer, 

5 processor, and distributor in commerce who sub6 mitted such data of such release. Such notice shall 

7 be made in writing by certified mail at least 15 days 

8 before the release of such data, except if the Admin9 istrator determines that the release of such data is 

10 necessary to protect against an imminent risk of in11 jury to health or the environment. 

12 ‘‘(ii) Subparagraph (A) shall not apply to the 

13 release of information described in subsection (c)(1) 

14 of this section other than information described in 

15 the last sentence of such subsection.’’; 

16 (8) in subsection (g), as redesignated by para17 graph (2) of this section— 

18 (A) by amending the subsection heading to 

19 read as follows: 

20 ‘‘(g) PENALTIES FOR WRONGFUL DESIGNATION OR

21 DISCLOSURE.—’’; 

22 (B) by redesignating paragraphs (1) and 

23 (2) as paragraphs (3) and (4), respectively; 


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1 (C) by inserting before paragraph (3), as 

2 redesignated by subparagraph (B) of this para3 graph, the following new paragraphs: 

4 ‘‘(1) Any manufacturer or processor whose des5 ignation of information for protection under this sec6 tion is found by the Administrator not to have met 

7 the criteria for protection under this section at the 

8 time the designation was made may be subject to 

9 administrative penalties under section 15. 

10 ‘‘(2) Any manufacturer or processor who, know11 ing that information does not meet the criteria for 

12 protection under this section, willfully designates 

13 such information for protection, shall be guilty of a 

14 misdemeanor and fined not more than $5,000 or im15 prisoned for not more than one year, or both.’’; and 

16 (D) in paragraph (4), as redesignated by 

17 subparagraph (B) of this paragraph— 

18 (i) by striking ‘‘paragraph (1)’’ and 

19 inserting ‘‘paragraph (3)’’; and 

20 (ii) by striking ‘‘subsection (a)(2)’’ 

21 and inserting ‘‘subsection (c)(2)’’; and 

22 (9) by adding at the end the following new sub23 sections: 

24 ‘‘(i) FEES.—The Administrator may, by rule, require 

25 the payment of a reasonable fee from any person desigVerDate Mar 15 2010 21:23 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H5820.IH H5820

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1 nating information for protection under this section or 

2 seeking to renew such a designation to defray the cost of 

3 administering this section. In setting a fee under this sub4 section, the Administrator shall take into account the abil5 ity to pay of the person designating or seeking renewal 

6 and the cost to the Administrator of reviewing such des7 ignations. 

8 ‘‘(j) RISK INFORMATION FOR WORKERS.—The Ad9 ministrator shall provide standards for and facilitate the 

10 provision of the chemical identity, safety standard deter11 mination, health and safety data, and any other informa12 tion determined by the Administrator to be necessary to 

13 ensure worker safety, that pertains to chemical substances 

14 or mixtures, that workers may come into contact with or 

15 otherwise be exposed to during the course of their work, 

16 to such workers and representatives of each certified or 

17 recognized bargaining agent representing such workers.’’. 

18 SEC. 15. PROHIBITED ACTS. 

19 Section 15 of the Toxic Substances Control Act (15 

20 U.S.C. 2614) is amended— 

21 (1) in paragraph (1), by striking ‘‘(A)’’ and all 

22 that follows through ‘‘under title II’’ and inserting 

23 ‘‘any rule, order, prohibition, restriction, or other re24 quirement imposed by this Act or by the Adminis25 trator under this Act’’; 


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1 (2) by amending paragraphs (2) and (3) to 

2 read as follows: 

3 ‘‘(2) manufacture, process, distribute in com4 merce, use for commercial purposes, or dispose of a 

5 chemical substance or mixture, or an article con6 taining a chemical substance or mixture, which such 

7 person knew or had reason to know was manufac8 tured, processed, or distributed in commerce in vio9 lation of any rule, order, prohibition, restriction, or 

10 other requirement imposed by this Act or by the Ad11 ministrator under this Act; 

12 ‘‘(3) fail or refuse to (A) establish or maintain 

13 accurate and complete records, (B) submit or make 

14 accurate and complete reports, notices, disclosures, 

15 declarations, certifications, or other information, or 

16 (C) permit access to or copying of records, as re17 quired by this Act or a rule thereunder;’’; 

18 (3) in paragraph (4), by striking the final pe19 riod and inserting ‘‘; or’’; and 

20 (4) by adding at the end the following new 

21 paragraphs: 

22 ‘‘(5) make or submit a statement, declaration, 

23 disclosure, certification, data set, or any oral, writ24 ten, or electronic representation that is materially 

25 false, in whole or in part, or to falsify or conceal any 


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1 material fact, in taking any action or making any 

2 communication pursuant to this Act or pursuant to 

3 any rule or order promulgated or issued under this 

4 Act; 

5 ‘‘(6) introduce or deliver for introduction into 

6 commerce or knowingly distribute in commerce a 

7 chemical substance or mixture, or an article con8 taining a chemical substance or mixture— 

9 ‘‘(A) that lacks or fails to comply in any 

10 material respect with any applicable labeling re11 quirements imposed pursuant to section 6(c); or 

12 ‘‘(B) the label, labeling or advertising of 

13 which is misleading in any material respect, in14 cluding by reason of representations, either ex15 plicit or implicit, that the chemical substance or 

16 mixture is available for a use other than an in17 tended use; or 

18 ‘‘(7) forge, counterfeit, simulate, falsely rep19 resent, or use without proper authority any mark, 

20 stamp, tag, label, or other identification device au21 thorized or required by this Act or by the Adminis22 trator under this Act.’’. 

23 SEC. 16. PENALTIES. 

24 Section 16 of the Toxic Substances Control Act (15 

25 U.S.C. 2615) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘provision of section 15 

4 or 409’’ and inserting ‘‘provision of this 

5 Act or a rule promulgated or order issued 

6 pursuant to this Act, as described in sec7 tion 15’’; 

8 (ii) by striking ‘‘$25,000’’ and insert9 ing ‘‘$37,500’’; and 

10 (iii) by striking ‘‘violation of section 

11 15 or 409’’ and inserting ‘‘violation of this 

12 Act’’; 

13 (B) by redesignating paragraphs (2), (3), 

14 and (4) as paragraphs (3), (4), and (5), respec15 tively; 

16 (C) by inserting after paragraph (1) the 

17 following new paragraph: 

18 ‘‘(2) In the case of any violation described in 

19 paragraph (1), the Administrator may commence a 

20 civil action in the appropriate United States district 

21 court to assess penalties pursuant to paragraph (1) 

22 or commence administrative action to assess pen23 alties pursuant to paragraph (3).’’; 


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1 (D) in subparagraph (A) of paragraph (3), 

2 as redesignated by subparagraph (B) of this 

3 paragraph— 

4 (i) by striking ‘‘A civil penalty for a 

5 violation of section 15 or 409’’ and insert6 ing ‘‘In any administrative action to assess 

7 penalties for a violation described in para8 graph (1), a civil penalty for a violation’’; 

9 and 

10 (ii) by striking ‘‘within 15 days of’’ 

11 and inserting ‘‘not later than 15 days 

12 after’’; 

13 (E) in paragraph (4), as redesignated by 

14 subparagraph (B) of this paragraph— 

15 (i) by striking ‘‘paragraph (2)(A)’’ 

16 and inserting ‘‘paragraph (3)(A)’’; and 

17 (ii) by striking ‘‘the United States 

18 Court of Appeals for the District of Co19 lumbia Circuit or for any other circuit’’ 

20 and inserting ‘‘the appropriate district 

21 court of the United States for the dis22 trict’’; and 

23 (F) in paragraph (5), as redesignated by 

24 subparagraph (B) of this paragraph, by striking 


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1 ‘‘paragraph (3)’’ each place it appears and in2 serting ‘‘paragraph (4)’’; and 

3 (2) in subsection (b)— 

4 (A) by inserting ‘‘(1)’’ before ‘‘Any person 

5 who’’; 

6 (B) by inserting ‘‘this Act, as described in’’ 

7 before ‘‘section 15’’; 

8 (C) by striking ‘‘or 409’’; 

9 (D) by striking ‘‘$25,000’’ and inserting 

10 ‘‘$50,000’’; 

11 (E) by striking ‘‘one year’’ and inserting 

12 ‘‘5 years’’; and 

13 (F) by adding at the end the following new 

14 paragraph: 

15 ‘‘(2) Any person who knowingly or willfully violates 

16 any provision of this Act and who knows that such viola17 tion may result in imminent danger of death or serious 

18 bodily injury to any person shall, upon conviction, be sub19 ject to a fine of not more than $250,000 or imprisonment 

20 of not more than 15 years, or both. A person that is not 

21 an individual shall, upon conviction of violating this para22 graph, be subject to a fine of not more than $1,000,000.’’. 

23 SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE. 

24 Section 17 of the Toxic Substances Control Act (15 

25 U.S.C. 2616) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (A), by striking 

4 ‘‘or 409’’; 

5 (ii) in subparagraph (B), by striking 

6 ‘‘section 5, 6, or title IV, or by a rule or 

7 order under section 5, 6, or title IV’’ and 

8 inserting ‘‘this Act or a rule or order pro9 mulgated or issued under this Act’’; and 

10 (iii) in subparagraph (D)— 

11 (I) by striking ‘‘chemical sub12 stance, mixture, or product’’ and in13 serting ‘‘ chemical substance or mix14 ture subject to this Act, article con15 taining such substance or mixture, or 

16 product’’; 

17 (II) by striking ‘‘of section 5, 6, 

18 or title IV’’ and inserting ‘‘of this 

19 Act’’; 

20 (III) by striking ‘‘under section 

21 5, 6, or title IV’’ and inserting ‘‘pro22 mulgated or issued under this Act, as 

23 described in section 15’’; 

24 (IV) by inserting ‘‘, article’’ be25 fore ‘‘, or product and, to the extent’’; 


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1 (V) by inserting ‘‘, article’’ before 

2 ‘‘, or product or exposed to such sub3 stance’’; 

4 (VI) by inserting ‘‘, article’’ be5 fore ‘‘, or product, (ii) to give’’; and 

6 (VII) by inserting ‘‘, article’’ be7 fore ‘‘, or product, whichever the per8 son to which the requirement’’; and 

9 (B) in paragraph (2)— 

10 (i) by striking ‘‘A civil action de11 scribed in paragraph (1)’’ and inserting 

12 ‘‘The district courts of the United States 

13 shall have jurisdiction over a civil action 

14 described in paragraph (1). A civil action’’; 

15 and 

16 (ii) in subparagraph (A), by inserting 

17 ‘‘this Act, as described in’’ before ‘‘section 

18 15’’; and 

19 (2) in subsection (b), by striking ‘‘chemical sub20 stance, mixture, or product’’ and inserting ‘‘chemical 

21 substance or mixture subject to this Act, or prod22 uct’’. 

23 SEC. 18. PREEMPTION. 

24 Section 18 of the Toxic Substances Control Act (15 

25 U.S.C. 2617) is amended to read as follows: 


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1 ‘‘SEC. 18. PREEMPTION. 

2 ‘‘Nothing in this Act affects the right of a State or 

3 political subdivision of a State or a tribe to adopt or en4 force any regulation, requirement, or standard of perform5 ance that is different from or in addition to a regulation, 

6 requirement, liability, or standard of performance estab7 lished pursuant to this Act unless compliance with both 

8 this Act and the State or political subdivision of a State 

9 or tribe regulation, requirement, or standard of perform10 ance is impossible.’’. 

11 SEC. 19. JUDICIAL REVIEW. 

12 Section 19 of the Toxic Substances Control Act (15 

13 U.S.C. 2618) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)— 

16 (i) by striking subparagraph (B); 

17 (ii) by striking ‘‘(A)’’; 

18 (iii) by inserting ‘‘or issuance’’ after 

19 ‘‘promulgation’’; 

20 (iv) by striking ‘‘section 4(a), 5(a)(2), 

21 5(b)(4), 6(a), 6(e), or 8, or under title II 

22 or IV’’ and inserting ‘‘this Act’’; 

23 (v) by inserting ‘‘or order’’ after 

24 ‘‘rule’’ each place it appears; 

25 (vi) by inserting ‘‘except that if such 

26 petition is based solely on grounds arising 


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1 after such sixtieth day, then any petition 

2 for judicial review of such rule or order 

3 shall be filed within 60 days after such 

4 grounds arise’’ after ‘‘such person’s prin5 cipal place of business is located’’; 

6 (vii) by striking ‘‘(other than in an 

7 enforcement proceeding)’’; and 

8 (viii) by striking ‘‘subparagraph’’ and 

9 inserting ‘‘paragraph’’; 

10 (B) in paragraph (2)— 

11 (i) by striking ‘‘paragraph (1)(A)’’ 

12 and inserting ‘‘paragraph (1)’’; 

13 (ii) by striking ‘‘rulemaking’’; and 

14 (iii) by inserting ‘‘or order’’ after 

15 ‘‘rule’’; and 

16 (C) by striking paragraph (3); 

17 (2) in subsection (b), by inserting ‘‘or order’’ 

18 after ‘‘rule’’ each place it appears; and 

19 (3) in subsection (c)— 

20 (A) by amending paragraph (1) to read as 

21 follows: 

22 ‘‘(1) Upon the filing of a petition under sub23 section (a)(1) for judicial review of a rule or order, 

24 the court shall have jurisdiction— 


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1 ‘‘(A) to grant appropriate relief, including 

2 interim relief, as provided in chapter 7 of title 

3 5, United States Code; and 

4 ‘‘(B) to review such rule or order in ac5 cordance with chapter 7 of title 5, United 

6 States Code.’’; and 

7 (B) in paragraph (2), by inserting ‘‘or 

8 order’’ after ‘‘rule’’. 

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)— 

14 (i) by striking ‘‘under section 4, 5, or 

15 6, or title II or IV,’’; and 

16 (ii) by striking ‘‘section 5 or title II or 

17 IV to restrain such violation’’ and inserting 

18 ‘‘this Act’’; and 

19 (B) in the matter following paragraph (2), 

20 by inserting ‘‘, to enforce this Act or any rule 

21 promulgated or order issued under this Act, or 

22 to order the Administrator to perform an act or 

23 duty under this Act which is not discretionary, 

24 as the case may be’’ after ‘‘citizenship of the 

25 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 paragraph (3), by striking ‘‘section 

17 4, 5, 6, or 8’’ and inserting ‘‘the applicable pro18 visions of this Act’’; and 

19 (C) in paragraph (4)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘a rulemaking proceeding’’ and inserting 

22 ‘‘a proceeding authorized under this Act’’; 

23 and 

24 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘a proceeding to 

2 issue a rule under section 4, 6, or 8 

3 or an order under section 5(e) or 

4 6(b)(2)’’ and inserting ‘‘a proceeding 

5 authorized under this Act’’; 

6 (II) in clause (i)— 

7 (aa) by inserting ‘‘or order’’ 

8 after ‘‘issuance of a rule’’; 

9 (bb) by striking ‘‘or an 

10 order under section 5(e)’’; and 

11 (cc) by striking ‘‘an unrea12 sonable’’ and inserting ‘‘a sub13 stantial’’; and 

14 (III) in clause (ii)— 

15 (aa) by inserting ‘‘except as 

16 provided in clause (i)’’ before ‘‘in 

17 the case of’’; 

18 (bb) by striking ‘‘issuance of 

19 a rule under section 6 or 8 or an 

20 order under section 6(b)(2)’’ and 

21 inserting ‘‘promulgation of a 

22 rule, issuance of an order, or im23 position or issuance of a restric24 tion or use condition under this 

25 Act’’; and 


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1 (cc) by striking ‘‘an unrea2 sonable’’ and inserting ‘‘a sub3 stantial’’. 

4 SEC. 22. EMPLOYEE PROTECTION. 

5 Section 23 of the Toxic Substances Control Act (15 

6 U.S.C. 2622) is amended as follows: 

7 (1) In subsection (a)— 

8 (A) by striking ‘‘employer may discharge’’ 

9 and inserting ‘‘manufacturer, processor, or dis10 tributor may discharge’’; 

11 (B) by redesignating paragraphs (1), (2), 

12 and (3) as paragraphs (2), (3), and (4), respec13 tively; 

14 (C) by inserting before paragraph (2), as 

15 redesignated by subparagraph (B) of this para16 graph, the following new paragraph: 

17 ‘‘(1) provided, caused to be provided, or is 

18 about to provide or cause to be provided to the em19 ployer, the Federal Government, the appropriate of20 ficial of the tribe, or the attorney general of a State 

21 information relating to any violation of, or any act 

22 or omission the employee reasonably believes to be a 

23 violation of any provision of this Act;’’; 

24 (D) in paragraph (3), as redesignated by 

25 subparagraph (B) of this paragraph— 


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1 (i) by inserting ‘‘concerning any such 

2 violation or’’ after ‘‘testified or is about to 

3 testify’’; and 

4 (ii) by striking ‘‘or’’ after ‘‘Act;’’; 

5 (E) in paragraph (4), as redesignated by 

6 subparagraph (B) of this paragraph, by insert7 ing ‘‘or’’ after ‘‘Act;’’; and 

8 (F) by adding at the end the following new 

9 paragraph: 

10 ‘‘(5) objected to, or refused to participate in, 

11 any activity, policy, practice, or assigned task that 

12 the employee (or other such person) reasonably be13 lieved to be in violation of any provision of this 

14 Act.’’. 

15 (2) By striking subsection (e) and amending 

16 subsections (b), (c), and (d) to read as follows: 

17 ‘‘(b) REMEDY.—(1) Any employee who believes that 

18 the employee has been discharged or otherwise discrimi19 nated against by any person in violation of subsection (a) 

20 of this section may, not later than 180 days after the date 

21 on which such alleged violation occurs, file (or have any 

22 person file on the employee’s behalf) a complaint with the 

23 Secretary of Labor (hereinafter in this section referred to 

24 as the ‘Secretary’) alleging such discharge or discrimina25 tion and identifying the person responsible for such act. 


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1 Upon receipt of such a complaint, the Secretary shall no2 tify, in writing, the person named in the complaint of the 

3 filing of the complaint, of the allegations contained in the 

4 complaint, of the substance of evidence supporting the 

5 complaint, and of the opportunities that will be afforded 

6 to such person under paragraph (2). 

7 ‘‘(2)(A) Not later than 60 days after the date 

8 of receipt of a complaint filed under paragraph (1) 

9 and after affording the complainant and the person 

10 named in the complaint an opportunity to submit to 

11 the Secretary a written response to the complaint 

12 and an opportunity to meet with a representative of 

13 the Secretary to present statements from witnesses, 

14 the Secretary shall initiate an investigation and de15 termine whether there is reasonable cause to believe 

16 that the complaint has merit and notify, in writing, 

17 the complainant and the person alleged to have com18 mitted a violation of subsection (a) of the Sec19 retary’s findings. If the Secretary concludes that 

20 there is reasonable cause to believe that a violation 

21 of subsection (a) of this section has occurred, the 

22 Secretary shall accompany the Secretary’s findings 

23 with a preliminary order providing the relief pre24 scribed by paragraph (3)(B). Not later than 30 days 

25 after the date of notification of findings under this 


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1 paragraph, either the person alleged to have com2 mitted the violation or the complainant may file ob3 jections to the findings or preliminary order, or 

4 both, and request a hearing on the record. The filing 

5 of such objections shall not operate to stay any rein6 statement remedy contained in the preliminary 

7 order. Any such hearing shall be conducted expedi8 tiously. If a hearing is not requested in such 30-day 

9 period, the preliminary order shall be deemed a final 

10 order that is not subject to judicial review. 

11 ‘‘(B)(i) The Secretary shall dismiss a com12 plaint filed under this subsection and shall not 

13 conduct an investigation otherwise required 

14 under subparagraph (A) unless the complainant 

15 makes a prima facie showing that any behavior 

16 described in paragraphs (1) through (5) of sub17 section (a) was a contributing factor in the un18 favorable personnel action alleged in the com19 plaint. 

20 ‘‘(ii) Notwithstanding a finding by the Sec21 retary that the complainant has made the 

22 prima facie showing required under clause (i), 

23 no investigation otherwise required under sub24 paragraph (A) shall be conducted if the em25 ployer demonstrates, by clear and convincing 


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1 evidence, that the employer would have taken 

2 the same unfavorable personnel action in the 

3 absence of that behavior. 

4 ‘‘(iii) The Secretary may determine that a 

5 violation of subsection (a) has occurred only if 

6 the complainant demonstrates that any behavior 

7 described in paragraphs (1) through (5) of sub8 section (a) was a contributing factor in the un9 favorable personnel action alleged in the com10 plaint. 

11 ‘‘(iv) Relief may not be ordered under sub12 paragraph (A) if the employer demonstrates by 

13 clear and convincing evidence that the employer 

14 would have taken the same unfavorable per15 sonnel action in the absence of that behavior. 

16 ‘‘(3)(A) Not later than 120 days after the date 

17 of conclusion of any hearing under paragraph (2), 

18 the Secretary shall issue a final order providing the 

19 relief prescribed by this paragraph or denying the 

20 complaint. At any time before issuance of a final 

21 order, a proceeding under this subsection may be 

22 terminated on the basis of a settlement agreement 

23 entered into by the Secretary, the complainant, and 

24 the person alleged to have committed the violation. 


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1 ‘‘(B) If, in response to a complaint filed under 

2 paragraph (1), the Secretary determines that a vio3 lation of subsection (a) has occurred, the Secretary 

4 shall order the person who committed such viola5 tion— 

6 ‘‘(i) to take affirmative action to abate the 

7 violation; 

8 ‘‘(ii) to reinstate the complainant to the 

9 complainant’s former position together with the 

10 compensation (including back pay), terms, con11 ditions, and privileges of the complainant’s em12 ployment; 

13 ‘‘(iii) to provide compensatory damages; 

14 and 

15 ‘‘(iv) where appropriate, exemplary dam16 ages. 

17 If such an order is issued, the Secretary, at the re18 quest of the complainant, shall assess against the 

19 person against whom the order is issued a sum equal 

20 to the aggregate amount of all costs and expenses 

21 (including attorney’s and expert witness fees) rea22 sonably incurred, as determined by the Secretary, by 

23 the complainant for, or in connection with, the 

24 bringing of the complaint upon which the order was 

25 issued. 


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1 ‘‘(C) If the Secretary finds that a complaint 

2 under paragraph (1) is frivolous or has been brought 

3 in bad faith, the Secretary may award to the pre4 vailing employer a reasonable attorney’s fee, not ex5 ceeding $1,000, to be paid by the complainant. 

6 ‘‘(4) If the Secretary has not issued a final de7 cision within 210 days after the filing of the com8 plaint, the complainant may bring an action at law 

9 or equity for de novo review in the appropriate dis10 trict court of the United States with jurisdiction, 

11 which shall have jurisdiction over such an action 

12 without regard to the amount in controversy, and 

13 which action shall, at the request of either party to 

14 such action, be tried by the court with a jury. The 

15 proceedings shall be governed by the same legal bur16 dens of proof specified in paragraph (2)(B). The 

17 court shall have jurisdiction to grant all relief nec18 essary to make the employee whole, including injunc19 tive relief and compensatory damages, including— 

20 ‘‘(A) reinstatement with the same seniority 

21 status that the employee would have had, but 

22 for the discharge or discrimination; 

23 ‘‘(B) the amount of back pay, with inter24 est; and 


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1 ‘‘(C) compensation for any special damages 

2 sustained as a result of the discharge or dis3 crimination, including litigation costs, expert 

4 witness fees, and reasonable attorney’s fees. 

5 ‘‘(5)(A) Unless the complainant brings an ac6 tion under paragraph (4), any employee or employer 

7 adversely affected or aggrieved by a final order 

8 issued under paragraph (3) may obtain review of the 

9 order in the United States Court of Appeals for the 

10 circuit in which the violation, with respect to which 

11 the order was issued, allegedly occurred or the cir12 cuit in which the complainant resided on the date of 

13 such violation. The petition for review must be filed 

14 within 60 days from the issuance of the final order 

15 of the Secretary. Such review shall conform to chap16 ter 7 of title 5, United States Code. The commence17 ment of proceedings under this subparagraph shall 

18 not, unless ordered by the court, operate as a stay 

19 of the order. 

20 ‘‘(B) An order of the Secretary, with respect to 

21 which review could have been obtained under sub22 paragraph (A) shall not be subject to judicial review 

23 in any criminal or other civil proceeding. 

24 ‘‘(6) Whenever a person has failed to comply 

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1 retary shall file a civil action in the United States 

2 district court for the district in which the violation 

3 was found to occur, or in the United States district 

4 court for the District of Columbia, to enforce such 

5 order. In actions brought under this paragraph, the 

6 district courts shall have jurisdiction to grant all ap7 propriate relief, including injunctive relief and com8 pensatory damages. 

9 ‘‘(7)(A) A person on whose behalf an order was 

10 issued under paragraph (3) may commence a civil 

11 action against the person to whom such order was 

12 issued to require compliance with such order. The 

13 appropriate United States district court shall have 

14 jurisdiction, without regard to the amount in con15 troversy or the citizenship of the parties, to enforce 

16 such order. 

17 ‘‘(B) The court, in issuing any final order 

18 under this paragraph, may award costs of litigation 

19 (including reasonable attorney’s and expert witness 

20 fees) to any party whenever the court determines 

21 such award is appropriate. 

22 ‘‘(c) NONDISCRETIONARY DUTY.—Any nondis23 cretionary duty imposed by this section shall be enforce24 able in a mandamus proceeding brought under section 

25 1361 of title 28, United States Code. 


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1 ‘‘(d) DELIBERATE VIOLATION.—Subsection (a) shall 

2 not apply with respect to an employee of a manufacturer, 

3 processor, or distributor who, acting without direction 

4 from such manufacturer, processor, or distributor (or such 

5 person’s agent), deliberately causes a violation or alleged 

6 violation of any rule, order, regulation, or safety standard 

7 under this Act or any other law enforced by the Adminis8 trator.’’. 

9 SEC. 23. EMPLOYMENT EFFECTS. 

10 Section 24 of the Toxic Substances Control Act (15 

11 U.S.C. 2623) is amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘continuing’’ and inserting 

14 ‘‘periodic’’; and 

15 (B) by striking the em dash and para16 graphs (1) and (2) and inserting ‘‘the imple17 mentation of this Act.’’; and 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘section 

20 4, 5, or 6 or a requirement of section 5 or 6’’ 

21 and inserting ‘‘this Act’’; 

22 (B) in paragraph (2)— 

23 (i) in subparagraph (A), by striking 

24 ‘‘by order issued’’ and inserting ‘‘in writ25 ing,’’; and 


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1 (ii) in subparagraph (B)— 

2 (I) in clause (i), by inserting 

3 ‘‘and’’ after the ‘‘such request,’’; and 

4 (II) by striking clause (ii) and re5 designating clause (iii) as clause (ii); 

6 and 

7 (C) by amending paragraph (4) to read as 

8 follows: 

9 ‘‘(4) This section shall not be construed— 

10 ‘‘(A) to require the Administrator to 

11 amend or repeal any rule or order under this 

12 Act; or 

13 ‘‘(B) to impose a condition on the Admin14 istrator’s authority to issue orders or promul15 gate rules under this Act.’’. 

16 SEC. 24. ADMINISTRATION OF THE ACT. 

17 Section 26 of the Toxic Substances Control Act (15 

18 U.S.C. 2625) is amended— 

19 (1) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b) FEES.—The Administrator shall, by rule, re22 quire the payment of a reasonable fee from any person 

23 required to submit data under this Act to defray the cost 

24 of administering this Act. In setting a fee under this sub25 section, the Administrator shall take into account the abilVerDate Mar 15 2010 01:07 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H5820.IH H5820

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1 ity to pay of the person required to submit the data and 

2 the cost to the Administrator of reviewing such data. Such 

3 rules may provide for sharing such a fee in any case in 

4 which the expenses of data production are shared under 

5 this Act.’’; and 

6 (2) by redesignating subsections (d) through (g) 

7 as subsections (f) through (i), respectively; 

8 (3) by inserting after subsection (c) the fol9 lowing new subsections: 

10 ‘‘(d) ACTION WITH RESPECT TO SPECIFIC CHEM11 ICAL SUBSTANCES.—Any action authorized under this Act 

12 to be taken by the Administrator through rule or order 

13 shall be made through order if the action applies to a sin14 gle chemical substance or single category of chemical sub15 stances. 

16 ‘‘(e) ACTION WITH RESPECT TO ARTICLES CON17 TAINING A CHEMICAL SUBSTANCE OR MIXTURE.—No ac18 tion taken under this title with respect to articles con19 taining a chemical substance or mixture shall apply to ar20 ticles already introduced or delivered for introduction into 

21 commerce, unless the action is taken pursuant to section 

22 7 to address an imminent hazard and the Administrator 

23 has determined that action against articles introduced or 

24 delivered for introduction into commerce is necessary to 

25 protect health or the environment.’’; and 


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1 (4) by adding at the end the following new sub2 section: 

3 ‘‘(j) RULEMAKING.—In carrying out this Act, the Ad4 ministrator is authorized to prescribe such regulations as 

5 are necessary to carry out this Act.’’. 

6 SEC. 25. STATE PROGRAMS. 

7 Section 28 of the Toxic Substances Control Act (15 

8 U.S.C. 2627) is amended— 

9 (1) in subsection (a)— 

10 (A) by amending the subsection heading to 

11 read as follows: 

12 ‘‘(a) STATE GRANTS.—’’; 

13 (B) before ‘‘For the purpose of comple14 menting’’, by inserting the following: 

15 ‘‘(1) IN GENERAL.—’’; 

16 (C) by inserting ‘‘and tribes’’ after ‘‘may 

17 make grants to States’’; 

18 (D) by striking ‘‘unreasonable risks within 

19 the States’’ and inserting ‘‘risks within the 

20 States and tribes’’; 

21 (E) by striking ‘‘is unable or is not likely 

22 to take’’ and inserting ‘‘has not taken’’; and 

23 (F) by inserting ‘‘or tribe’’ after ‘‘no grant 

24 for any State’’; 


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1 (2) by redesignating subsections (b), (c), and 

2 (d) as paragraphs (2), (3), and (4), respectively; 

3 (3) in paragraph (2), as redesignated by para4 graph (2) of this section— 

5 (A) by redesignating paragraphs (1) and 

6 (2) as subparagraphs (A) and (B), respectively; 

7 (B) in subparagraph (A), as redesignated 

8 by subparagraph (A) of this paragraph— 

9 (i) by redesignating subparagraphs 

10 (A) through (F) as clauses (i) through (vi), 

11 respectively; 

12 (ii) in clause (ii), as redesignated by 

13 clause (i), by inserting ‘‘or tribe’’; and 

14 (iii) by striking ‘‘subsection (a)’’ each 

15 place it appears and inserting ‘‘paragraph 

16 (1)’’; 

17 (C) in subparagraph (B), as redesignated 

18 by subparagraph (B) of this paragraph— 

19 (i) by striking ‘‘paragraph (1)’’ and 

20 inserting ‘‘subparagraph (A)’’; 

21 (ii) by inserting ‘‘or tribe’’ after 

22 ‘‘State’’ each place it appears; and 

23 (iii) by striking ‘‘including cancer, 

24 birth defects, and gene mutations,’’; 


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1 (4) in paragraph (3), as redesignated by para2 graph (2) of this section, by striking ‘‘subsection 

3 (a)’’ and inserting ‘‘this subsection’’; 

4 (5) in paragraph (4), as redesignated by para5 graph (2) of this section, by striking ‘‘subsection 

6 (a)’’ and inserting ‘‘this subsection’’; and 

7 (6) by inserting at the end the following new 

8 subsection: 

9 ‘‘(b) STATE COORDINATION.—Not later than 18 

10 months after enactment of the Toxic Chemicals Safety Act 

11 of 2010, the Administrator shall establish a process to co12 ordinate with State and tribal governments, on an on13 going basis, to share data and priorities relating to the 

14 management of chemical substances and mixtures under 

15 this title and under programs operated by States and 

16 tribes, in keeping with requirements of section 14. The 

17 areas for coordination shall include the following: 

18 ‘‘(1) Grant funding under subsection (a). 

19 ‘‘(2) Design and development of the public 

20 database established pursuant to section 8(d). 

21 ‘‘(3) Development of a process by which con22 fidential business information may be shared with 

23 the States under section 14. 

24 ‘‘(4) Development of action plans under section 

25 38(d).’’. 


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1 SEC. 26. AUTHORIZATION FOR APPROPRIATIONS. 

2 (a) AUTHORIZATION.—Section 29 of the Toxic Sub3 stances Control Act (15 U.S.C. 2628) is amended to read 

4 as follows: 

5 ‘‘SEC. 29. AUTHORIZATION FOR APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated to the Ad7 ministrator to carry out this Act such sums as necessary 

8 for each of fiscal years 2011 through 2018.’’. 

9 SEC. 27. ADDITIONAL REQUIREMENTS. 

10 (a) ADDITIONAL REQUIREMENTS.—The Toxic Sub11 stances Control Act (15 U.S.C. 2601 et seq.) is amended 

12 by adding after section 31 the following new sections: 

13 ‘‘SEC. 32. CHEMICAL SUBSTANCES AND MIXTURES THAT 

14 ARE PERSISTENT, BIOACCUMULATIVE, AND 

15 TOXIC. 

16 ‘‘(a) IDENTIFICATION.—Not later than 1 year after 

17 the date of enactment of the Toxic Chemicals Safety Act 

18 of 2010, the Administrator shall by rule establish criteria 

19 to identify chemical substances and mixtures that are per20 sistent, bioaccumulative, and toxic, or are degraded or me21 tabolized into chemical substances that are persistent, bio22 accumulative, and toxic, and for which there is docu23 mented evidence of exposure to humans or the environ24 ment. 

25 ‘‘(b) PUBLICATION.—Not later than 6 months after 

26 the promulgation of the rule under subsection (a), and 


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1 every 3 years thereafter, the Administrator shall publish 

2 a list of all chemical substances and mixtures that meet 

3 those criteria, based on available scientific information. 

4 ‘‘(c) RISK MANAGEMENT.— 

5 ‘‘(1) EXPEDITED EXPOSURE REDUCTION.—As 

6 promptly as feasible and not later than 18 months 

7 after the listing of a chemical substance or mixture 

8 under subsection (b), the Administrator shall impose 

9 conditions authorized under section 6(c) on the man10 ufacture, processing, use, distribution in commerce, 

11 and disposal of such chemical substance or mixture 

12 necessary to achieve the greatest practicable reduc13 tions in exposure to the chemical substance or mix14 ture. 

15 ‘‘(2) RESIDUAL RISK ASSESSMENT.—Within one 

16 year after the effective date of such conditions, the 

17 Administrator shall determine whether the chemical 

18 substance or mixture meets the safety standard with 

19 the conditions imposed, taking into account the re20 sidual risk posed by continued exposure to the chem21 ical substance or mixture, and shall impose any fur22 ther conditions authorized under section 6(c) nec23 essary to ensure that the chemical substance or mix24 ture meets the safety standard. 

25 ‘‘(d) MANUFACTURER DUTIES.— 


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1 ‘‘(1) NO MINIMUM DATA SET.—Notwith2 standing the requirements of section 4(a) of this 

3 title, manufacturers and processors of chemical sub4 stances or mixtures listed pursuant to subsection (b) 

5 shall not be required to submit a minimum data set 

6 for such chemical substances or mixtures, unless re7 quested to do so by the Administrator. 

8 ‘‘(2) DECLARATION.—Not later than 6 months 

9 after a chemical substance or mixture is listed under 

10 subsection (b), manufacturers and processors of 

11 such chemical substance or mixture shall submit the 

12 declaration required by section 8(a)(2). 

13 ‘‘(e) NEW CHEMICAL SUBSTANCES AND NEW

14 USES.— 

15 ‘‘(1) For each new chemical substance subject 

16 to section 5(a)(1), the Administrator shall determine 

17 whether the chemical substance or mixture, or a 

18 degradation product or metabolite of the chemical 

19 substance or mixture, meets the criteria established 

20 under subsection (a) of this section. 

21 ‘‘(2) For each chemical substance or mixture 

22 identified in paragraph (1), and for any proposed 

23 new use of a chemical substance subject to section 

24 5(a)(1) that is identified in subsection (b), the Ad25 ministrator shall allow manufacture, processing, and 


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1 distribution in commerce of the substance only for a 

2 use which the Administrator determines meets the 

3 requirements of section 6(e). 

4 ‘‘SEC. 33. CHILDREN’S ENVIRONMENTAL HEALTH. 

5 ‘‘(a) CHILDREN’S ENVIRONMENTAL HEALTH RE6 SEARCH.— 

7 ‘‘(1) IN GENERAL.—Subject to amounts made 

8 available in advance in appropriations Acts, the Ad9 ministrator shall enter into contracts and make 

10 grants to further understanding of the vulnerability 

11 of children to chemical substances. 

12 ‘‘(2) CONSULTATION.—Contracts and grants 

13 under this section shall be made in consultation with 

14 Science Advisory Board on Children’s Health and 

15 Toxic Substances established under subsection (b) 

16 and the Children’s Health Protection Advisory Com17 mittee established in response to Executive Order 

18 13045. 

19 ‘‘(b) SCIENCE ADVISORY BOARD ON CHILDREN’S

20 HEALTH AND TOXIC SUBSTANCES.— 

21 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

22 after the date of enactment of the Toxic Chemicals 

23 Safety Act of 2010, the Administrator shall consult 

24 with the head of any other appropriate Federal 

25 agency to establish an advisory board to be known 


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1 as the ‘Science Advisory Board on Children’s Health 

2 and Toxic Substances’. The Board, and any sub3 committee thereof, shall be subject to the Federal 

4 Advisory Committee Act (5 U.S.C. App.). 

5 ‘‘(2) PURPOSES.—The purposes of the Science 

6 Advisory Board on Children’s Health and Toxic 

7 Substances shall be to provide independent advice, 

8 expert consultation, and peer review upon the re9 quest of the Administrator on the scientific and 

10 technical aspects of issues relating to the implemen11 tation of this title with respect to protecting chil12 dren’s health under this Act. 

13 ‘‘(3) COMPOSITION.—The Administrator shall— 

14 ‘‘(A) appoint the members of the Board, 

15 including, at a minimum, one employee 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 ‘‘(v) the National Tribal Science 

24 Council; and 


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1 ‘‘(vi) not fewer than 3 centers of chil2 dren’s health at leading universities; 

‘‘(B) ensure that at least 1 3 ⁄3 of the mem4 bers of the Board have specific scientific exper5 tise in the relationship of chemical exposures to 

6 prenatal, infant, and children’s health; and 

7 ‘‘(C) ensure that all appointments shall be 

8 made without regard to political affiliation or 

9 political activity, unless required by Federal 

10 statute. 

11 ‘‘(4) DISCLOSURE.— 

12 ‘‘(A) The Administrator shall make pub13 licly available in accordance with subparagraph 

14 (B) the following information: 

15 ‘‘(i) A description of the process used 

16 to establish and appoint the members of 

17 the advisory committee, including the fol18 lowing: 

19 ‘‘(I) The process for identifying 

20 prospective members. 

21 ‘‘(II) The process of selecting 

22 members for balance of viewpoints or 

23 expertise. 

24 ‘‘(ii) A list of all current members, in25 cluding, for each member, the following: 


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1 ‘‘(I) The name of any person or 

2 entity that nominated the member. 

3 ‘‘(II) The reason the member was 

4 appointed to the committee. 

5 ‘‘(III) Whether the member is 

6 designated as a special government 

7 employee or a representative. 

8 ‘‘(IV) In the case of a represent9 ative, the individuals or entity whose 

10 viewpoint the member represents. 

11 ‘‘(iii) A list of all members designated 

12 as special government employees for whom 

13 written certifications were made under sec14 tion 208(b) of title 18, United States 

15 Code, a summary description of the con16 flict necessitating the certification, and the 

17 reason for granting the certification. 

18 ‘‘(iv) Transcripts or audio or video re19 cordings of all meetings of the committee. 

20 ‘‘(v) Any additional information con21 sidered relevant by the head of the agency 

22 to which the advisory committee reports. 

23 ‘‘(B)(i) Except as provided in clause (ii), 

24 the Administrator shall make the information 

25 required to be disclosed under subparagraph 


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1 (A) available electronically on the official public 

2 internet site of the agency at least 15 calendar 

3 days before each meeting of an advisory com4 mittee. If the Administrator determines that 

5 such timing is not practicable for any required 

6 information, the information shall be made 

7 available as soon as practicable but no later 

8 than 48 hours before the next meeting of the 

9 committee. The Administrator may withhold 

10 from disclosure any information that would be 

11 exempt from disclosure under section 552 of 

12 title 5, United States Code. 

13 ‘‘(ii) The Administrator shall make avail14 able electronically, on the official public internet 

15 site of the agency, a transcript or audio or 

16 video recording of each advisory committee 

17 meeting not later than 30 calendar days after 

18 the meeting. 

19 ‘‘(c) BIOMONITORING.— 

20 ‘‘(1) STUDY.— 

21 ‘‘(A) If, through studies performed pursu22 ant to grants and contracts under subsection 

23 (a), testing or biomonitoring under section 4, or 

24 other available research, the Administrator 

25 identifies a chemical substance (or a metabolite 


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1 or degradation product of such substance) that 

2 is likely to be present in human biological 

3 media at a level above that normally found in 

4 such media that is likely to have adverse effects 

5 on early childhood development, the Adminis6 trator shall, except as provided in subparagraph 

7 (B), coordinate with the Secretary of Health 

8 and Human Services to conduct, not later than 

9 2 years after the date on which the Adminis10 trator makes such identification, a biomoni11 toring study to determine the presence of the 

12 chemical substance in human biological media 

13 in, at a minimum, pregnant women and infants. 

14 ‘‘(B) A biomonitoring study under sub15 paragraph (A) shall not be required if— 

16 ‘‘(i) the Administrator determines 

17 that the chemical substance is already sub18 ject to equivalent testing; 

19 ‘‘(ii) the Administrator has deter20 mined that the chemical substance meets 

21 the safety standard; or 

22 ‘‘(iii) a safety standard determination 

23 is pending, and the Administrator deter24 mines that such a study is not required to 

25 complete the determination. 


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1 ‘‘(2) PUBLICATION.—Upon completion of any 

2 biomonitoring study conducted pursuant to para3 graph (1), the Administrator shall publish the re4 sults of the study on the public database established 

5 pursuant to section 8(d). 

6 ‘‘(3) POSITIVE RESULTS.— 

7 ‘‘(A) DISCLOSURE.—Whenever a chemical 

8 substance or mixture (or a metabolite or deg9 radation product of such substance or mixture) 

10 is determined to be present in human biological 

11 media in a biomonitoring study conducted pur12 suant to paragraph (1), the manufacturers and 

13 processors of such chemical substance or mix14 ture shall, not later than 180 days after the 

15 date of publication of such study, disclose to the 

16 Administrator, commercial customers of the 

17 manufacturers and processors, consumers, and 

18 the public— 

19 ‘‘(i) all known uses of the chemical 

20 substance or mixture; and 

21 ‘‘(ii) all articles in which the chemical 

22 substance or mixture is or is expected to 

23 be present. 


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1 ‘‘(B) COST AND FORM OF DISCLOSURE.— 

2 Information under clauses (i) and (ii) of sub3 paragraph (A) shall be— 

4 ‘‘(i) added to the public database es5 tablished pursuant to section 8(d); and 

6 ‘‘(ii) made readily accessible and free 

7 of charge by each applicable manufacturer 

8 and processor in electronic format to the 

9 commercial customers of such manufac10 turer or processor, consumers, and the 

11 public. 

12 ‘‘SEC. 34. REDUCTION OF ANIMAL-BASED TESTING. 

13 ‘‘(a) DUTIES OF THE ADMINISTRATOR.—The Admin14 istrator shall take action to minimize the use of animals 

15 in testing of chemical substances or mixtures, including— 

16 ‘‘(1) encouraging and facilitating, where prac17 ticable— 

18 ‘‘(A) use of existing data of sufficient sci19 entific quality; 

20 ‘‘(B) use of test methods that eliminate or 

21 reduce the use of animals but provide data of 

22 high scientific quality; 

23 ‘‘(C) grouping of 2 or more chemical sub24 stances into scientifically appropriate categories 

25 where testing of one chemical substance will 


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1 provide reliable and useful data on others in the 

2 category; 

3 ‘‘(D) formation of industry consortia to 

4 jointly conduct testing to avoid unnecessary du5 plication of tests; and 

6 ‘‘(E) parallel submission of data from ani7 mal-based studies and from emerging methods 

8 and models; 

9 ‘‘(2) funding research and validation studies to 

10 reduce, refine, and replace the use of animal tests in 

11 accordance with this subsection; 

12 ‘‘(3) in consultation with the Interagency Co13 ordinating Committee on the Validation of Alter14 native Methods, and after providing an opportunity 

15 for public comment, developing a strategic plan to 

16 promote the development and implementation of al17 ternative test methods and testing strategies to gen18 erate information used for safety standard deter19 minations under section 6(b) that do not use ani20 mals, including toxicity pathway-based risk assess21 ment, in vitro studies, systems biology, computa22 tional toxicology, bioinformatics, and high-through23 put screening; and 

24 ‘‘(4) biennially reporting to Congress on 

25 progress made in implementing this section. 


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1 ‘‘(b) LIST OF METHODS.—Not later than 1 year after 

2 the date of enactment of the Toxic Chemicals Safety Act 

3 of 2010, and triennially thereafter, the Administrator, in 

4 consultation with the Interagency Coordinating Com5 mittee on the Validation of Alternative Methods, shall pub6 lish a list of demonstrated testing methods that reduce 

7 the use of animals in testing. 

8 ‘‘(c) CRITERIA FOR ADAPTING OR WAIVING ANIMAL

9 TESTING REQUIREMENTS.—Upon request from a manu10 facturer or processor that is required to conduct animal11 based testing of a chemical substance or mixture under 

12 this title, the Administrator may adapt or waive such re13 quirement in part or in whole if the Administrator deter14 mines that— 

15 ‘‘(1) there is sufficient weight-of-evidence that a 

16 chemical substance or mixture has, or does not have, 

17 a particular property for which such testing would 

18 be required; 

19 ‘‘(2) testing for a specific adverse effect is tech20 nically not practicable to conduct as a consequence 

21 of the substance characteristics; or 

22 ‘‘(3) a chemical substance or mixture cannot be 

23 tested in animals at concentrations that do not re24 sult in significant pain or distress as a consequence 


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1 of the substance characteristics, such as potential to 

2 cause severe corrosion or severe irritation to tissues. 

3 A waiver under this subsection does not waive the duty 

4 of the manufacturer or processor to demonstrate that the 

5 chemical substance or mixture meets the safety standard 

6 under section 5(a) or section 6(b). 

7 ‘‘SEC. 35. SAFER ALTERNATIVES AND GREEN CHEMISTRY 

8 AND ENGINEERING. 

9 ‘‘(a) SAFER ALTERNATIVES.— 

10 ‘‘(1) INCENTIVES.—Not later than 1 year after 

11 the date of enactment of the Toxic Chemicals Safety 

12 Act of 2010, the Administrator shall, after notice 

13 and opportunity for comment, establish a program 

14 to create incentives for the development of safer al15 ternatives to existing chemical substances and mix16 tures that reduce or avoid the use and generation of 

17 hazardous chemical substances or mixtures. The pro18 gram under this paragraph shall include— 

19 ‘‘(A) recognition for a chemical substance 

20 or mixture, an article containing such substance 

21 or mixture, or a non-chemical alternative, deter22 mined by the Administrator under paragraph 

23 (2) to be a safer alternative for all intended 

24 uses or for a particular use of an existing chem25 ical substance or mixture by means of a special 


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1 designation intended for use in marketing the 

2 safer alternative, and periodic public awards; 

3 and 

4 ‘‘(B) such other financial or non-financial 

5 incentives as the Administrator considers to be 

6 appropriate to encourage the development, mar7 keting, and use of chemical substances or mix8 tures, articles containing such substances or 

9 mixtures, or non-chemical alternatives, deter10 mined by the Administrator to be safer alter11 natives for all uses or for particular uses of ex12 isting chemical substances or mixtures. 

13 ‘‘(2) SAFER ALTERNATIVE ASSESSMENT.—Any 

14 person seeking approval for a safer alternative under 

15 this section shall submit to the Administrator an ap16 plication, including the safer alternative data set de17 scribed in subparagraph (A) and shall bear the bur18 den of demonstrating that the safer alternative 

19 standard is met, pursuant to subparagraph (B). 

20 ‘‘(A) SAFER ALTERNATIVE DATA SET.— 

21 Not later than one year after the date of enact22 ment of the Toxic Chemicals Safety Act of 

23 2010, the Administrator shall establish, by rule, 

24 the data that constitute the safer alternative 

25 data set. The rule shall identify the information 


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1 that the Administrator determines will be useful 

2 for the safer alternative standard determination 

3 under subparagraph (B) and shall include— 

4 ‘‘(i) chemical identity for the appli5 cant alternative chemical substance or mix6 ture, article containing such substance or 

7 mixture, or non-chemical alternative and 

8 the chemical substance or mixture targeted 

9 for substitution; 

10 ‘‘(ii) the proposed use, if applicable, 

11 or all intended uses of the applicant alter12 native; 

13 ‘‘(iii) substance characteristics, toxi14 cological properties, and biological and en15 vironmental fate and transport data for 

16 the applicant alternative; 

17 ‘‘(iv) known and potential exposures 

18 for the applicant alternative; 

19 ‘‘(v) a comparative analysis of the ap20 plicant alternative and the chemical sub21 stance or mixture targeted for substitution 

22 based on the best publicly-available science 

23 on the targeted substance demonstrating 

24 that the applicant alternative will involve 

25 lower hazard, lower exposure, or both; and 


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1 ‘‘(vi) a demonstration that the appli2 cant alternative is effective for the pro3 posed use or for all intended uses, as appli4 cable. 

5 The rule shall require any person applying for 

6 approval of a safer alternative to submit the 

7 safer alternative data set, and may provide a 

8 form for such application. 

9 ‘‘(B) SAFER ALTERNATIVE STANDARD DE10 TERMINATION.—The Administrator shall, fol11 lowing the submission of a safer alternative 

12 data set pursuant to subparagraph (A), approve 

13 the applicant alternative chemical substance or 

14 mixture, article containing such substance or 

15 mixture, or non-chemical alternative for the 

16 proposed use or uses if the Administrator deter17 mines that the proposed alternative is effective 

18 for the proposed use or uses and— 

19 ‘‘(i) provides a reasonable certainty of 

20 no harm from the aggregate exposure to 

21 the alternative substance from intended 

22 uses, including to vulnerable populations, 

23 and protects the public welfare, considering 

24 the lifecycle of the alternative substance 

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1 evant considerations, and, when compared 

2 to the chemical substance or mixture tar3 geted for substitution— 

4 ‘‘(I) reduces the potential for 

5 harm to human health or the environ6 ment; 

7 ‘‘(II) has been shown not to be 

8 persistent or bioaccumulative, while 

9 the chemical substance or mixture tar10 geted for substitution has not; or 

11 ‘‘(III) does not require the use of 

12 hazardous, persistent, or bioaccumula13 tive substances during its manufac14 ture or processing, while the chemical 

15 substance or mixture targeted for sub16 stitution does; or 

17 ‘‘(ii) in the case that the applicant al18 ternative cannot provide a reasonable cer19 tainty of no harm from the aggregate ex20 posure to the alternative substance from 

21 intended uses, including to vulnerable pop22 ulations, and protect the public welfare, 

23 considering the lifecycle of the alternative 

24 substance and cumulative exposures and 

25 other relevant considerations, the chemical 


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1 substance or mixture targeted for substi2 tution had been granted or would qualify 

3 for a critical use exemption under section 

4 6(e) and the applicant alternative chemical 

5 substance or mixture, article containing 

6 such substance or mixture, or non-chemical 

7 alternative, when compared to the chemical 

8 substance or mixture targeted for substi9 tution— 

10 ‘‘(I) reduces the potential for 

11 harm to human health or the environ12 ment; 

13 ‘‘(II) has been shown not to be 

14 persistent or bioaccumulative, while 

15 the chemical substance or mixture tar16 geted for substitution has not; or 

17 ‘‘(III) does not require the use of 

18 hazardous, persistent, or bioaccumula19 tive substances during its manufac20 ture or processing, while the chemical 

21 substance or mixture targeted for sub22 stitution does. 

23 Any applicant alternative approved under 

24 this section shall be exempt from the re25 quirements of sections 4, 5, and 6 for the 


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1 uses considered and approved in the ap2 proval under this section, except that any 

3 approval under this section shall expire 

4 after 15 years, at which time a renewal 

5 will be required pursuant to section 6(b). 

6 ‘‘(C) CONSIDERATION IN DETERMINA7 TION.—Any safer alternative standard deter8 mination made under this subsection shall be 

9 considered by the Administrator in making a 

10 safety standard determination under section 

11 6(b) or in granting an exemption under section 

12 6(e) for the chemical substance or mixture tar13 geted for substitution by the application under 

14 this subsection. 

15 ‘‘(b) GREEN CHEMISTRY.— 

16 ‘‘(1) GREEN CHEMISTRY RESEARCH NET17 WORK.—Not later than 2 years after the date of en18 actment of the Toxic Chemicals Safety Act of 2010, 

19 and subject to amounts made available in advance in 

20 appropriations Acts, the Administrator shall estab21 lish an interdisciplinary network of regional centers, 

22 to support the research, development, and adoption 

23 of safer alternatives to existing chemical substances 

24 and mixtures, particularly chemical substances and 


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1 mixtures listed on the priority list under section 

2 6(a). 

3 ‘‘(2) GREEN CHEMISTRY AND ENGINEERING RE4 SEARCH.—Subject to amounts made available in ad5 vance in appropriations Acts, the Administrator 

6 shall make grants and enter into contracts to pro7 mote and support the research, development, and 

8 adoption of safer alternatives to existing chemical 

9 substances and mixtures. 

10 ‘‘(3) GREEN CHEMISTRY WORKFORCE EDU11 CATION AND TRAINING PROGRAM.— 

12 ‘‘(A) ESTABLISHMENT OF PROGRAM.—The 

13 Administrator shall establish a program to fa14 cilitate the development of a workforce, includ15 ing industrial and scientific workers, that pro16 duces safer alternatives to existing chemical 

17 substances and mixtures. 

18 ‘‘(B) GOALS.—The goals of the program 

19 established under subparagraph (A) are to pro20 vide workforce training on skills that will— 

21 ‘‘(i) facilitate the expansion of green 

22 chemistry in the United States to create 

23 new and safer jobs; 


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1 ‘‘(ii) develop a scientifically and tech2 nically trained green chemistry workforce 

3 in the United States; 

4 ‘‘(iii) inform and engage communities 

5 about green chemistry; and 

6 ‘‘(iv) promote innovation and strong 

7 public health and environmental protec8 tions. 

9 ‘‘(C) IMPLEMENTATION.—The Adminis10 trator shall, subject to amounts made available 

11 in advance in appropriations Acts, implement 

12 the program established under subparagraph 

13 (A) to achieve the goals under subparagraph 

14 (B), including by— 

15 ‘‘(i) promoting the development of a 

16 broad range of skills relevant to the pro17 duction and use of safer alternatives to ex18 isting chemical substances and mixtures, 

19 including their design, manufacturing, and 

20 use and disposal; 

21 ‘‘(ii) developing partnerships with 

22 educational institutions, training organiza23 tions, private sector companies, community 

24 organizations, labor unions, and other non25 profit organizations; and 


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1 ‘‘(iii) in coordination with the Sec2 retary of Labor and the Secretary of En3 ergy, providing grants to State and local 

4 governments and to the partnerships estab5 lished pursuant to clause (ii) to promote 

6 and support activities consistent with 

7 achieving the goals under subparagraph 

8 (B). 

9 ‘‘SEC. 36. INTERNATIONAL COOPERATION AND AGREE10 MENTS. 

11 ‘‘(a) COOPERATION.—In coordination with the Sec12 retary of State and the head of any other Federal agency, 

13 as appropriate, the Administrator shall cooperate with any 

14 international effort which the Administrator determines 

15 has broad international support and a reasonable expecta16 tion of success— 

17 ‘‘(1) to develop a common protocol or electronic 

18 database relating to chemical substances and mix19 tures; or 

20 ‘‘(2) to develop safer alternatives for chemical 

21 substances and mixtures. 

22 ‘‘(b) PROHIBITION.— 

23 ‘‘(1) PROHIBITION.—Except as provided in 

24 paragraph (2), notwithstanding any other provision 

25 of law, effective 3 years after the date of enactment 


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1 of the Toxic Chemicals Safety Act of 2010, no per2 son shall manufacture, process, distribute in com3 merce, use for commercial purposes, or dispose of 

4 the following chemical substances, except in a man5 ner determined by the Administrator to be protective 

6 of health and the environment: 

7 ‘‘(A) Hexabromobiphenyl. 

8 ‘‘(B) Hexachlorobenzene. 

9 ‘‘(C) Hexabromodiphenyl ether and 

10 Heptabromodiphenyl ether and congeners in the 

11 commercial OctaBDE mixture. 

12 ‘‘(D) Pentachlorobenzene. 

13 ‘‘(E) Tetrabromodiphenyl ether and 

14 pentabromodiphenyl ether and congeners in the 

15 commercial PentaBDE mixture. 

16 ‘‘(2) EXCEPTION.—If the United States depos17 its its instrument of ratification for the Stockholm 

18 Convention, the PIC Convention, or the LRTAP 

19 POPs Protocol before the prohibition under para20 graph (1) has taken effect, the effective date of the 

21 prohibition shall be determined in keeping with the 

22 requirements of the applicable agreement. 

23 ‘‘(c) NOTICE OF RESTRICTIONS UNDER INTER24 NATIONAL AGREEMENTS.—Not later than 60 days after 

25 the enactment of the Toxic Chemicals Safety Act of 2010, 


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1 the Administrator, in consultation with the Secretary of 

2 State, shall publish in the Federal Register a notice of 

3 the chemical substances or mixtures that are subject to 

4 the Stockholm Convention, the PIC Convention, and the 

5 LRTAP POPs Protocol, including conditions or restric6 tions relating to such chemical substances or mixtures im7 posed by such agreements or by foreign governments pur8 suant to such agreements. 

9 ‘‘(d) IMPLEMENTING AGREEMENTS.—In consultation 

10 with the Secretary of State and the head of any other ap11 propriate Federal agency (as determined by the Adminis12 trator), the Administrator shall implement the provisions 

13 of international agreements (and any subsequent amend14 ment to such agreements) related to chemical substances 

15 and mixtures to which the United States becomes a party. 

16 Such implementation shall provide notice at each step in 

17 the listing and delisting process as required in such agree18 ments and include requirements that: 

19 ‘‘(1) Not later than 30 days after the United 

20 States deposits its instrument of ratification for the 

21 Stockholm Convention, the PIC Convention, the 

22 LRTAP POPs Protocol, or any other international 

23 agreement related to chemical substances and mix24 tures, or not later than 30 days after the listing of 

25 any chemical substance or mixture subsequently 


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1 added under such an instrument has entered into 

2 force for the United States, (whichever occurs ear3 lier), the Administrator shall provide public notice of 

4 the chemical substances or mixtures that are subject 

5 to that agreement, and shall provide similar public 

6 notice of any chemical substance or mixture subse7 quently added under such agreement. In providing 

8 such notice, the Administrator may specify the appli9 cable requirements for individual chemical sub10 stances or mixtures. 

11 ‘‘(2) Whenever a chemical substance or mixture 

12 is proposed for listing under an international agree13 ment to which the United States is a party, the Ad14 ministrator shall publish in the Federal Register a 

15 notice that— 

16 ‘‘(A) includes any relevant toxicity, expo17 sure, and risk information related to the chem18 ical substance or mixture known to the Admin19 istrator, as well as any domestic activities in20 volving the chemical substance or mixture 

21 known to the Administrator; 

22 ‘‘(B) includes a summary of the process, 

23 under the international agreement, for the list24 ing or delisting step that was taken, including 

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1 erated by the international body during that 

2 process; 

3 ‘‘(C) requires any person that manufac4 tures, processes, distributes in commerce, uses, 

5 or disposes of the chemical substance or mix6 ture to provide to the Administrator any infor7 mation that the Administrator determines to be 

8 necessary to assist the United States in its con9 sideration of the proposal; and 

10 ‘‘(D) provides an opportunity for public 

11 comment on the proposed listing of the chem12 ical substance or mixture. 

13 The comments and information received under this 

14 paragraph shall be placed in a public docket and 

15 shall be considered in the Administrator’s review of 

16 the proposal. 

17 ‘‘(3) Any chemical substance or mixture listed 

18 under an international agreement to which the 

19 United States is a party that is not already subject 

20 to conditions under section 6(c) or already listed on 

21 the priority list under section 6(a) shall be promptly 

22 added to the priority list under section 6(a). 

23 ‘‘(4) If there are applicable obligations for a 

24 chemical substance or mixture under more than one 

25 international agreement to which the United States 


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1 is a party, the most stringent of such obligations 

2 shall apply to ensure compliance with each of those 

3 agreements. 

4 ‘‘(e) RULES.—The Administrator may promulgate 

5 such rules as the Administrator determines necessary to 

6 cooperate with international efforts pursuant to subsection 

7 (a) and to implement international agreements related to 

8 chemical substances and mixtures pursuant to subsection 

9 (d). 

10 ‘‘(f) EFFECT ON OTHER PROVISIONS OF LAW.— 

11 Nothing in this section shall affect the authority of the 

12 Administrator to regulate a chemical substance or mixture 

13 under any other provision of law, provided that such regu14 lation— 

15 ‘‘(1) is not less stringent than actions pre16 scribed by this section; and 

17 ‘‘(2) does not impair the ability of the United 

18 States to comply with obligations under inter19 national agreements (and any subsequent amend20 ment to such agreements) related to chemical sub21 stances and mixtures to which the United States be22 comes a party. 

23 ‘‘(g) DEFINITIONS.—In this section: 

24 ‘‘(1) LRTAP CONVENTION.—The term 

25 ‘LRTAP Convention’ means the Convention on 


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1 Long-Range Transboundary Air Pollution, adopted 

2 in Geneva on November 13, 1979, and any subse3 quent amendment or protocol. 

4 ‘‘(2) LRTAP POPS PROTOCOL.—The term 

5 ‘LRTAP POPs Protocol’ means the Protocol on Per6 sistent Organic Pollutants to the LRTAP Conven7 tion, adopted in Aarhus on June 24, 1998, and any 

8 subsequent amendment. 

9 ‘‘(3) STOCKHOLM CONVENTION.—The term 

10 ‘Stockholm Convention’ means the Stockholm Con11 vention on Persistent Organic Pollutants adopted in 

12 Stockholm on May 22, 2001, and any subsequent 

13 amendment or protocol. 

14 ‘‘SEC. 37. DATA QUALITY. 

15 ‘‘Not later than 18 months after the date of enact16 ment of the Toxic Chemicals Safety Act of 2010, the Ad17 ministrator shall, by order, after notice and opportunity 

18 for comment, establish and implement procedures to en19 sure data quality under this Act including, at a minimum, 

20 requirements that— 

21 ‘‘(1) not less than annually, the Administrator 

22 randomly inspect commercial and private labora23 tories that develop the data required under this title; 

24 ‘‘(2) annually, the Administrator perform a 

25 comprehensive data audit on a subset, as selected by 


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1 the Administrator, of the data submissions under 

2 this title; 

3 ‘‘(3) the Administrator have access to all 

4 records of privately sponsored health and safety 

5 studies initiated in response to requirements under 

6 this title; and 

7 ‘‘(4) the submitter of any study conducted by a 

8 third party in response to requirements under this 

9 title disclose to the Administrator and the public, at 

10 the time of submission, the sources of any funding 

11 used for the conduct or publication of the study re12 ceived by the researchers who conducted the study. 

13 ‘‘SEC. 38. HOT SPOTS. 

14 ‘‘(a) CRITERIA.—Not later than 1 year after the date 

15 of enactment of the Toxic Chemicals Safety Act of 2010, 

16 the Administrator shall promulgate a rule to— 

17 ‘‘(1) establish criteria for the determination of 

18 disproportionate exposure, which shall include cri19 teria for identification of average exposure levels in 

20 the United States and criteria for identification of 

21 exceedences that are significant based on their po22 tential impact on health or the environment; 

23 ‘‘(2) establish criteria to identify any locality 

24 that is disproportionately exposed; and 


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1 ‘‘(3) develop a method for data collection on 

2 and categorization of patterns of disproportionate 

3 exposure and associated adverse effects. 

4 ‘‘(b) IDENTIFICATION.— 

5 ‘‘(1) IN GENERAL.—Not later than 18 months 

6 after promulgation of the rule under subsection (a), 

7 the Administrator shall identify localities within the 

8 United States subject to disproportionate exposure. 

9 ‘‘(2) USE OF DATA.—In identifying localities 

10 under paragraph (1), the Administrator— 

11 ‘‘(A) shall use data contained in the Na12 tional Air Toxic Assessment Database; and 

13 ‘‘(B) may use other data available to the 

14 Administrator, including data developed pursu15 ant to— 

16 ‘‘(i) the Safe Drinking Water Act (42 

17 U.S.C. 300f et seq.); 

18 ‘‘(ii) the Solid Waste Disposal Act (42 

19 U.S.C. 6901 et seq.); 

20 ‘‘(iii) the Comprehensive Environ21 mental Response, Compensation, and Li22 ability Act of 1980 (42 U.S.C. 9601 et 

23 seq.); 


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1 ‘‘(iv) the Emergency Planning and 

2 Community Right-to-Know Act of 1986 

3 (42 U.S.C. 11001 et seq.); and 

4 ‘‘(v) the National Environmental Pub5 lic Health Tracking program at the Cen6 ters for Disease Control and Prevention. 

7 ‘‘(3) PUBLIC PARTICIPATION.—The Adminis8 trator shall provide an opportunity for State, local, 

9 and tribal governments and members of the public 

10 to nominate localities for which there may be dis11 proportionate exposure for inclusion in the identi12 fication of localities under paragraph (1). 

13 ‘‘(c) HOT SPOT LIST.— 

14 ‘‘(1) IN GENERAL.—Not later than 180 days 

15 after completing the identification of localities under 

16 subsection (b)(1), the Administrator shall, after no17 tice and consultation with all applicable State, local, 

18 and tribal health and environmental officials, legisla19 tors and other elected officials, and members of the 

20 public, publish a list of the localities subject to dis21 proportionate exposure identified pursuant to such 

22 subsection in the Federal Register and make such 

23 list available electronically. The initial list shall in24 clude at least 20 localities. 


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1 ‘‘(2) UPDATING.—Not later than 5 years after 

2 the date of publication of the list under paragraph 

3 (1), and at least once every 5 years thereafter, the 

4 Administrator shall update and republish such list. 

5 The Administrator may update and republish such 

6 list to add new localities that meet the criteria under 

7 subsection (a), or to remove localities when the Ad8 ministrator determines that the percentage exposure 

9 reduction goal for such a locality established pursu10 ant to subsection (d) has been achieved and no fur11 ther action is needed. The Administrator shall notify 

12 all applicable State, local, and tribal health and envi13 ronmental officials, legislators and other elected offi14 cials, and members of the public of such an updated 

15 listing. 

16 ‘‘(d) ACTION PLANS.—Not later than 1 year after 

17 publishing or updating the list under subsection (c), the 

18 Administrator shall coordinate with State, local, and tribal 

19 governments and members of the public to develop, for 

20 each locality identified on the list, an action plan to reduce 

21 disproportionate exposure within such locality. Each such 

22 action plan shall include— 

23 ‘‘(1) identification of the chemical substances 

24 and mixtures that contribute to the disproportionate 


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1 exposure (including exposure levels, sources, and 

2 pathways); 

3 ‘‘(2) a description of actions to be undertaken 

4 by the Administrator or State, local, or tribal gov5 ernments, to reduce disproportionate exposure with6 in the locality; 

7 ‘‘(3) a percentage exposure reduction goal for 

8 each chemical substance and mixture identified 

9 under paragraph (1); and 

10 ‘‘(4) a timeline to achieve the percentage expo11 sure reduction goal under paragraph (3). 

12 ‘‘(e) REPORT TO CONGRESS.—Beginning on the date 

13 that is one year after the development of the first action 

14 plan under subsection (d), and annually thereafter, the 

15 Administrator shall— 

16 ‘‘(1) prepare and submit to Congress an annual 

17 report identifying— 

18 ‘‘(A) each locality added to the list in the 

19 prior year under subsection (c); 

20 ‘‘(B) each action plan developed in the 

21 prior year under subsection (d); 

22 ‘‘(C) the progress on each action plan to 

23 date; and 

24 ‘‘(D) the reasons why any timelines for 

25 percentage exposure reductions were not met 


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1 and the revised timeline for meeting those re2 ductions; and 

3 ‘‘(2) make the report available to the public in 

4 the public database established under section 8(d). 

5 ‘‘(f) LOCALITY.—In this section, the term ‘locality’ 

6 means any geographical area in which the Administrator 

7 identifies disproportionate exposure and may include a 

8 county, city, town, neighborhood, census tract, zip code, 

9 or other commonly understood political or geographical 

10 subdivision. 

11 ‘‘SEC. 39. EXEMPTION FOR CHEMICAL SUBSTANCES OR MIX12 TURES BASED ON INTRINSIC PROPERTIES. 

13 ‘‘(a) AUTHORITY TO EXEMPT CERTAIN CHEMICAL

14 SUBSTANCES AND MIXTURES BASED ON INTRINSIC PROP15 ERTIES.—If the Administrator determines that scientific 

16 consensus exists that the intrinsic properties of a chemical 

17 substance or mixture are such that it does not and would 

18 not pose any risk of injury to health or the environment 

19 under any current, proposed, or anticipated levels of pro20 duction, patterns of use, or exposures arising at any stage 

21 across the lifecycle of the substance or mixture, the Ad22 ministrator may, by order, exempt the substance or mix23 ture, or particular uses of the substance or mixture, from 

24 one or more of the requirements of sections 4, 5, 6 and 

25 8 of this Act. A determination under this section shall be 


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1 based on consideration of the intrinsic properties of the 

2 substance or mixture, and shall not be based on findings 

3 or assumptions of low human or environmental exposure 

4 to the substance or mixture. 

5 ‘‘(b) NOTICE OF DETERMINATION AND EXEMP6 TION.—Within 30 days of determining and exempting, 

7 pursuant to subsection (a), a chemical substance or mix8 ture, or a particular use of a chemical substance or mix9 ture, the Administrator shall publish in the Federal Reg10 ister, and shall add to the public database established pur11 suant to section 8(d), a notice that provides the specific 

12 identity of the chemical substance or mixture, and, for a 

13 particular use determined and exempted under subsection 

14 (a), the particular use of the substance or mixture, that 

15 the Administrator has determined and exempted under 

16 subsection (a) and that explains and documents the basis 

17 for the Administrator’s determination and exemption. 

18 ‘‘(c) RECONSIDERATION OF DETERMINATION AND

19 EXEMPTION.— 

20 ‘‘(1) IN GENERAL.—The Administrator may re21 consider and revoke or modify any determination or 

22 exemption under subsection (a) at any time if the 

23 Administrator determines that the conditions of sub24 section (a) are no longer met, or that such action is 

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1 ment or is otherwise in the public interest. In the 

2 event of such revocation or modification, the Admin3 istrator shall provide public notice of the grounds for 

4 that determination and publish such notice on the 

5 public database established pursuant to section 8(d). 

6 ‘‘(2) EFFECTIVE DATE.—Any revocation or 

7 modification undertaken pursuant to this subsection 

8 shall not take effect prior to the date that is one 

9 year after public notice of the determination, unless 

10 an earlier effective date is necessary to protect 

11 human health or the environment. 

12 ‘‘(d) PRIOR REGULATORY EXEMPTIONS.—Not later 

13 than one year after the date of enactment of the Toxic 

14 Chemicals Safety Act of 2010, exemptions granted by the 

15 Administrator pursuant to section 5(h)(4) of this Act prior 

16 to the date of enactment of the Toxic Chemicals Safety 

17 Act of 2010, as such section was in effect before such date 

18 of enactment, shall be reviewed by the Administrator and 

19 continued in effect under the authority granted by this 

20 section, as appropriate. Such an exemption shall continue 

21 to be in effect until such date as the Administrator deter22 mines, by order, that— 

23 ‘‘(1) the exemption is not authorized or not ap24 propriate under this section, at which time the ex25 emption shall cease to be in effect; or 


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1 ‘‘(2) the exemption is authorized and appro2 priate under this section, at which time the Adminis3 trator may issue an order to modify or continue in 

4 effect the exemption pursuant to subsection (a). 

5 ‘‘(e) NO LIMITATION ON AUTHORITY.—Nothing in 

6 this section shall be construed to limit or otherwise affect 

7 the Administrator’s authority under any other provision 

8 of this Act. 

9 ‘‘SEC. 40. APPLICATION OF THIS ACT TO FEDERAL AGEN10 CIES. 

11 ‘‘(a) IN GENERAL.—Except as provided in subsection 

12 (e), each Federal agency, and any officer, agent, or em13 ployee thereof, shall be subject to, and comply with, all 

14 applicable requirements of this Act, both substantive and 

15 procedural, in the same manner, and to the same extent, 

16 as any person subject to such requirements. The sub17 stantive and procedural requirements referred to in this 

18 subsection include— 

19 ‘‘(1) any rule or order; 

20 ‘‘(2) any civil or administrative penalty or fine, 

21 regardless of whether such penalty or fine is punitive 

22 or coercive in nature or is imposed for isolated, 

23 intermittent, or continuing violations; 

24 ‘‘(3) any requirement for reporting; 


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1 ‘‘(4) any provision for injunctive relief and such 

2 sanctions as may be imposed by a court to enforce 

3 such relief; and 

4 ‘‘(5) payment of user fees under section 26(b). 

5 ‘‘(b) WAIVER OF IMMUNITY.—The United States 

6 hereby expressly waives any immunity otherwise applicable 

7 to the United States with respect to any substantive or 

8 procedural requirement referred to under subsection (a). 

9 ‘‘(c) CIVIL PENALTIES.—No agent, employee, or offi10 cer of the United States shall be personally liable for any 

11 civil penalty under this Act with respect to any act or 

12 omission within the scope of the official duties of the 

13 agent, employee, or officer. 

14 ‘‘(d) CRIMINAL SANCTIONS.—An agent, employee, or 

15 officer of the United States shall be subject to any crimi16 nal sanction (including any fine or imprisonment) under 

17 this Act, but no Federal agency shall be subject to any 

18 such sanction. 

19 ‘‘(e) EXEMPTION.— 

20 ‘‘(1) IN GENERAL.—If the President determines 

21 it is in the paramount interest of the United States, 

22 the President may grant an exemption for any Fed23 eral agency from compliance with any requirement 

24 of this Act. 


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1 ‘‘(2) LACK OF APPROPRIATION.—No exemption 

2 shall be granted under paragraph (1) due to lack of 

3 appropriation unless the President has specifically 

4 requested such appropriation as a part of the budg5 etary process and the Congress has failed to make 

6 available such requested appropriation. 

7 ‘‘(3) PERIOD OF EXEMPTION.—Any exemption 

8 granted under paragraph (1) shall be for a period of 

9 not more than 1 year, but additional exemptions 

10 may be granted for periods not to exceed 1 year 

11 upon the President’s making a new determination 

12 that such exemption is in the paramount interest of 

13 the United States. 

14 ‘‘(4) REPORT.—Annually after the date of en15 actment of the Toxic Chemicals Safety Act of 2010, 

16 the President shall report to the Congress all exemp17 tions under this subsection granted during the pre18 ceding calendar year, together with the reason for 

19 granting each such exemption. 

20 ‘‘(f) ADMINISTRATIVE ENFORCEMENT ACTIONS.— 

21 ‘‘(1) IN GENERAL.—The Administrator may 

22 commence an administrative enforcement action 

23 against any Federal agency pursuant to the enforce24 ment authorities contained in this Act. The Adminis25 trator shall initiate an administrative enforcement 


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1 action against such agency in the same manner and 

2 under the same circumstances as an action would be 

3 initiated against another person. Any voluntary reso4 lution or settlement of an administrative enforce5 ment action shall be set forth in a consent order. 

6 ‘‘(2) FINAL.—No administrative order issued to 

7 a Federal agency shall become final until such agen8 cy has had the opportunity to confer with the Ad9 ministrator.’’. 

10 (b) CONFORMING AMENDMENT.—The table of con11 tents for the Toxic Substances Control Act is amended 

12 by adding after the item relating to section 31, the fol13 lowing new items: 

‘‘Sec. 32. Chemical substances and mixtures that are persistent, bioaccumulative, and toxic. 

‘‘Sec. 33. Children’s environmental health. 

‘‘Sec. 34. Reduction of animal-based testing. 

‘‘Sec. 35. Safer alternatives and green chemistry and engineering. 

‘‘Sec. 36. International cooperation and agreements. 

‘‘Sec. 37. Data quality. 

‘‘Sec. 38. Hot spots. 

‘‘Sec. 39. Exemption for chemical substances or mixtures based on intrinsic 

properties. 

‘‘Sec. 40. Application of this Act to Federal agencies.’’. 

Æ 


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