II 

113TH CONGRESS 

2D SESSION S. 2656 

To provide for the regulation of persistent, bioaccumulative, and toxic 

chemical substances, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2014 

Mr. MERKLEY introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To provide for the regulation of persistent, bioaccumulative, 

and toxic chemical substances, 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 ‘‘Protecting America’s 

5 Families from Toxic Chemicals Act of 2014’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to ensure that the uses 

8 of chemical substances, for which there is evidence of per9 sistence, bioaccumulation, toxicity, and exposure to huVerDate Mar 15 2010 22:57 Jul 29, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2656.IS S2656

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1 mans or the environment, are limited to those uses that 

2 are critical or essential. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency. 

8 (2) CHEMICAL SUBSTANCE.—The term ‘‘chem9 ical substance’’ has the meaning given the term in 

10 section 3 of the Toxic Substances Control Act (15 

11 U.S.C. 2602). 

12 SEC. 4. IDENTIFICATION AND RESTRICTION OF PER13 SISTENT, BIOACCUMULATIVE, AND TOXIC 

14 CHEMICAL SUBSTANCES. 

15 (a) IDENTIFICATION.— 

16 (1) CRITERIA.— 

17 (A) IN GENERAL.—Not later than 1 year 

18 after the date of enactment of this Act, the Ad19 ministrator shall establish, by rule, criteria to 

20 identify chemical substances that— 

21 (i)(I) are persistent, bioaccumulative, 

22 and toxic; or 

23 (II) are transformed through metabo24 lism or environmental degradation into 


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1 chemical substances that are persistent, 

2 bioaccumulative, and toxic; and 

3 (ii) for which there is evidence of ex4 posure or likely exposure to humans or the 

5 environment. 

6 (B) CONSIDERATIONS.—In establishing the 

7 criteria pursuant to subparagraph (A), the Ad8 ministrator shall consider a chemical sub9 stance— 

10 (i) to be bioaccumulative if, based on 

11 monitoring data or other evidence, the Ad12 ministrator determines that a chemical 

13 substance significantly accumulates or is 

14 likely to significantly accumulate in biota; 

15 (ii) to be persistent if the Adminis16 trator determines that the chemical sub17 stance significantly persists or is likely to 

18 significantly persist in 1 or more environ19 mental media, including the indoor envi20 ronment; and 

21 (iii) to be toxic if the Administrator 

22 determines that the chemical substance 

23 demonstrates or is likely to demonstrate 1 

24 or more toxicological properties in humans 

25 or animals. 


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1 (C) REVISIONS.—The Administrator may, 

2 by rule, revise the criteria established pursuant 

3 to this paragraph to reflect the best available 

4 science and provide for equal or greater protec5 tion of human health and the environment. 

6 (2) LIST.— 

7 (A) IN GENERAL.—Not later than 180 

8 days after the date on which the rule under 

9 paragraph (1) is finalized, the Administrator 

10 shall, by order, publish a list of all chemical 

11 substances that meet those criteria, based on 

12 information available to the Administrator. 

13 (B) UPDATES.—Not less frequently than 

14 once every 3 years after the initial publication 

15 of the list under subparagraph (A), the Admin16 istrator shall update and republish the list to 

17 incorporate new information that becomes avail18 able to the Administrator. 

19 (3) PRIOR EVIDENCE.—The following chemical 

20 substances are considered, on the basis of existing 

21 evidence, to meet the criteria established under para22 graph (1): 

23 (A) Anthracene, pure. 

24 (B) Asbestos. 

25 (C) Cadmium and cadmium compounds. 


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1 (D) Chloroalkanes, C10–13 (short-chain 

2 chlorinated paraffins). 

3 (E) p-Dichlorobenzene. 

4 (F) Hexabromocyclododecane, including all 

5 major diastereomers. 

6 (G) Hexachlorobutadiene. 

7 (H) Lead and lead compounds. 

8 (I) Mercury and mercury compounds. 

9 (J) Musk xylene. 

10 (K) Pentachlorobenzene. 

11 (L) Perfluorooctane sulfonic acid, its salts, 

12 and perfluorooctane sulfonyl fluoride. 

13 (M) Phenanthrene. 

14 (N) Polybrominated biphenyls. 

15 (O) Polybrominated diphenylethers. 

16 (P) Polychlorinated terphenyls. 

17 (Q) Tetrabromobisphenol A. 

18 (R) 1,2,3-Trichlorobenzene. 

19 (S) 1,2,4-Trichlorobenzene. 

20 (T) 1,2,3,4-Tetrachlorobenzene. 

21 (U) 1,2,4,5-Tetrachlorobenzene. 

22 (b) RESTRICTIONS.—Not later than 1 year after the 

23 date of enactment of this Act, for chemical substances list24 ed in subsection (a)(3), and not later than 1 year after 

25 the date on which the Administrator identifies a chemical 


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1 substance pursuant to subsection (a)(2), the Adminis2 trator shall by order— 

3 (1) identify the allowed uses, if any, of each 

4 such chemical substance, pursuant to subsection (c); 

5 (2) specify an effective date by which manufac6 ture, processing, and distribution in commerce of the 

7 chemical substance for any uses not identified in 

8 paragraph (1) are required to cease, with such effec9 tive date not to exceed 5 years from the date of the 

10 allowable use determination; 

11 (3) identify any conditions on the manufacture, 

12 processing, use, distribution in commerce, and dis13 posal of the chemical substance applicable to the al14 lowed uses that the Administrator determines are 

15 needed to protect public health and the environment, 

16 with which manufacturers and processors of the 

17 chemical substance must comply as of the effective 

18 date specified by the Administrator under paragraph 

19 (2); and 

20 (4) make public the determination of the Ad21 ministrator under this subsection, including— 

22 (A) the basis for the determination; 

23 (B) a list of allowed uses of the chemical 

24 substance; and 


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1 (C) any conditions on manufacture, proc2 essing, use, distribution in commerce, or dis3 posal identified by the Administrator. 

4 (c) ALLOWABLE USES.— 

5 (1) IN GENERAL.—The Administrator, by order 

6 issued under subsection (b) or by separate order, 

7 may allow manufacturing, processing, and distribu8 tion in commerce for a specified use of a chemical 

9 substance identified under subsection (b), if the Ad10 ministrator first reviews and considers available evi11 dence and determines that— 

12 (A) the use is a critical or essential use, 

13 consistent with the criteria established pursuant 

14 to subsection (d); or 

15 (B) there is no discernible exposure to hu16 mans or the environment, consistent with the 

17 criteria established pursuant to subsection (e). 

18 (2) PRESUMPTION.—Allowable uses of chemical 

19 substances identified pursuant to subsection (b) 

20 shall include, unless the Administrator determines 

21 by order that such uses do not meet the require22 ments under paragraph (1)— 

23 (A) a specific use of lead or cadmium, or 

24 a compound of lead or cadmium, in lamps, sol25 der, glass, ceramics, metal alloys, plating, conVerDate Mar 15 2010 22:57 Jul 29, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2656.IS S2656

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1 nectors, or electronic components exempted 

2 from the Restriction on Hazardous Substances 

3 Directive, Directive 2011/65/EU; 

4 (B) a specific use of mercury compounds 

5 in lamps in accordance with the Restriction on 

6 Hazardous Substances Directive, Directive 

7 2011/65/EU; 

8 (C) the use of lead or lead compounds in 

9 lead-acid batteries; and 

10 (D) a specific use of perfluorooctane sul11 fonic acid, the salts of perfluorooctane sulfonic 

12 acid, and perfluorooctane sulfonyl fluoride if the 

13 specific use is designated as 1 of the acceptable 

14 purposes or specific exemptions under Part III 

15 of Annex B of the Stockholm Convention on 

16 Persistent Organic Pollutants. 

17 (3) PETITION.— 

18 (A) IN GENERAL.—The Administrator 

19 may, on receipt of a petition from the manufac20 turer or processor of a chemical substance iden21 tified pursuant to subsection (b), by order, 

22 allow manufacturing, processing, and distribu23 tion in commerce for a specified use of the 

24 chemical substance if the Administrator deter25 mines that the manufacturer or processor has 


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1 established by clear and convincing evidence 

2 that the use qualifies as an allowable use pursu3 ant to the requirements under paragraph (1). 

4 (B) NOTICE.—Before making a determina5 tion under subparagraph (A), the Administrator 

6 shall— 

7 (i) in the case of petitions involving 

8 uses of a chemical substance restricted by 

9 State law, consult with the relevant State 

10 agencies; 

11 (ii) publish in the Federal Register a 

12 notice of receipt of the petition that speci13 fies the chemical identity of the chemical 

14 substance to which the petition pertains; 

15 (iii) make the petition available on re16 quest; 

17 (iv) provide a reasonable opportunity 

18 for review and comment on the petition; 

19 and 

20 (v) if the Administrator decides to 

21 allow a specific use of a chemical substance 

22 under this paragraph, consider any com23 ments received by the Administrator in 

24 making a determination as to which, if 


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1 any, conditions shall apply to the allowed 

2 use. 

3 (4) TERM.— 

4 (A) IN GENERAL.—Any use allowed under 

5 paragraph (1), (2), or (3) shall be granted for 

6 a term of not more than 5 years, but may be 

7 renewed or revised in accordance with subpara8 graph (B) if the Administrator finds, after pro9 viding public notice and opportunity for com10 ment, that the allowed use or a revision to the 

11 allowed use will continue to meet the require12 ments under paragraph (1). 

13 (B) RENEWAL.—The Administrator may 

14 renew the term of the allowed use granted 

15 under subparagraph (A) for 1 or more addi16 tional terms of not more than 5 years each, if 

17 the Administrator finds, after providing public 

18 notice and opportunity for comment, that the 

19 allowed use will continue to meet the require20 ments under paragraph (1). 

21 (C) REVISION.—The Administrator may 

22 revise any allowed use under consideration for 

23 renewal, taking into account regulatory pro24 grams in States, new amendments to the Re25 striction on Hazardous Substances Directive, 


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1 the Stockholm Convention on Persistent Or2 ganic Pollutants, to ensure that the allowed use 

3 continues to meet the requirements under para4 graph (1). 

5 (d) CRITERIA TO IDENTIFY CRITICAL OR ESSENTIAL

6 USES.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of this Act, the Adminis9 trator shall, by order, establish criteria to identify 

10 critical or essential uses of chemical substances. 

11 (2) APPLICABILITY.—The criteria under para12 graph (1) shall identify as critical or essential any 

13 use for which the Administrator determines— 

14 (A)(i) the use is in the paramount interest 

15 of national security; or 

16 (ii) the lack of availability of the chemical 

17 substance would cause significant disruption in 

18 the economy; 

19 (B)(i) no feasible alternative for the speci20 fied use is available; or 

21 (ii) the specified use provides a net benefit 

22 to public health, the environment, or public 

23 safety when compared to all available alter24 natives, taking comparative risks into account; 

25 and 


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1 (C) the use is consistent with international 

2 legal obligations. 

3 (e) CRITERIA TO IDENTIFY USES WITH NO DIS4 CERNIBLE EXPOSURE.—Not later than 180 days after the 

5 date of enactment of this Act, the Administrator shall, by 

6 rule, establish criteria for use in making the determina7 tions under subsection (d)(2), to identify uses of chemical 

8 substances for which there is clear and convincing evi9 dence that there is no discernible exposure to humans and 

10 the environment from the manufacturing, processing, dis11 tribution in commerce, use, or disposal of— 

12 (1) the chemical substance; or 

13 (2) any article containing the chemical sub14 stance. 

15 (f) NEW CHEMICAL SUBSTANCES.— 

16 (1) IN GENERAL.—For each new chemical sub17 stance subject to section 5(a)(1) of the Toxic Sub18 stances Control Act (15 U.S.C. 2604(a)(1)), the Ad19 ministrator shall determine, during the period of no20 tice review, whether the chemical substance, or a 

21 degradation product or metabolite of the chemical 

22 substance, meets the criteria established under sub23 section (a)(1). 


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1 (2) ALLOWABLE USES.—For each chemical sub2 stance identified under paragraph (1), the Adminis3 trator shall, by order— 

4 (A) allow, in a manner consistent with sub5 section (b), manufacture, processing, and dis6 tribution in commerce of the substance for a 

7 use which the Administrator determines meets 

8 the requirements of subsection (c); 

9 (B) identify any conditions on the manu10 facture, processing, use, distribution in com11 merce, and disposal of the chemical substance 

12 applicable to the allowed use that the Adminis13 trator determines may be needed to protect 

14 public health and the environment, which shall 

15 be complied with by a manufacturer or proc16 essor of the chemical substance on the date on 

17 which the manufacturer or processor com18 mences manufacturing or processing of the new 

19 chemical substance; and 

20 (C) make public— 

21 (i) the determination of the Adminis22 trator under this paragraph; 

23 (ii) the basis for the determination; 

24 (iii) a list of allowed uses of the chem25 ical substance; and 


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1 (iv) any conditions on the manufac2 ture, processing, use, distribution in com3 merce, or disposal of the chemical sub4 stance identified by the Administrator. 

Æ 


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