II 

111TH CONGRESS 

2D SESSION S. 3209 

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

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

IN THE SENATE OF THE UNITED STATES 

APRIL 15, 2010 

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

referred to the Committee on Environment and Public Works 

A BILL 

To amend the Toxic Substances Control Act to ensure that 

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

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

3 SECTION 1. SHORT TITLE. 

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

5 of 2010’’. 

6 SEC. 2. PURPOSES. 

7 It is the purpose of this Act to ensure that risks from 

8 chemicals are adequately understood and managed. 


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

2 Section 2 of the Toxic Substances Control Act (15 

3 U.S.C. 2601) is amended— 

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

5 inserting ‘‘GOAL’’; and 

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

7 inserting the following: 

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

9 ‘‘(1) each year human beings and the environ10 ment are exposed to a large number of chemical sub11 stances and mixtures; 

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

13 of the United States economy, provides valuable 

14 products that are used in diverse manufacturing in15 dustries and other commercial, institutional, and 

16 consumer applications; 

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

18 of the Toxic Substances Control Act, people and the 

19 environment in the United States are still exposed to 

20 thousands of chemicals whose safety has not been 

21 adequately reviewed and may harm health and the 

22 environment; 

23 ‘‘(4) the incidence of some diseases and dis24 orders linked to chemical substance exposures is on 

25 the rise; 


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1 ‘‘(5) biomonitoring of chemical substances in 

2 humans reveals that people in the United States 

3 carry hundreds of hazardous chemicals in their bod4 ies; 

5 ‘‘(6) the concentrations of certain chemical sub6 stances that persist and accumulate are increasing 

7 in the environment and in human bodies and are 

8 found across the world, including in the remote Arc9 tic in which Native Americans face increasing con10 tamination of traditional foods; 

11 ‘‘(7) differences in metabolism and physiology 

12 at certain stages of development can make infants 

13 and children more vulnerable than adults to the ef14 fects of chemical exposure, especially exposures that 

15 occur in utero, during infancy, and during other 

16 critical periods of development; 

17 ‘‘(8) manufacturers and processors of chemicals 

18 should supply sufficient health and environmental 

19 information before distributing products in com20 merce; 

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

22 the authority to develop sufficient information to as23 sess chemical safety, and to act effectively when the 

24 Administrator obtains information that indicates 


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1 there are risks of harmful exposure to chemical sub2 stances and mixtures; 

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

4 chemical sector and many of the companies that con5 duct business in the United States must also comply 

6 with chemical safety regulatory programs in other 

7 countries, and the data that is generated to comply 

8 with these other regulatory programs may be useful 

9 in understanding hazards and exposures of chemical 

10 substances and mixtures presented in the United 

11 States; and 

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

13 substances and mixtures will assist in renewing the 

14 manufacturing sector of the United States, create 

15 new and safer jobs, spur innovations in green chem16 istry, restore confidence domestically and inter17 nationally in the safety of products of the United 

18 States, and ensure that products of the United 

19 States remain competitive in the global market. 

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

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

22 consumers, and the public, and to protect the envi23 ronment from harmful exposures to chemical sub24 stances and mixtures; 


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

2 and other actions that reduce use of and exposure 

3 to hazardous chemical substances and reward inno4 vation toward safer chemicals, processes, and prod5 ucts; 

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

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

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

11 health and environmental information for the chem12 ical substances which they manufacture, process, or 

13 import as a condition of allowing such companies to 

14 distribute such chemicals in commerce; 

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

16 chemical safety and use; 

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

18 workers to know about the hazards and uses of 

19 chemical substances that they may be exposed to by 

20 maximizing public access to information on chemical 

21 safety and use; and 

22 ‘‘(7) to strengthen cooperation between and 

23 among the Federal Government and State, munic24 ipal, tribal, and foreign governments. 


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

2 address the harmful exposure of vulnerable or affected 

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

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

8 ‘‘(2) determining whether all chemical sub9 stances in commerce meet the safety standard under 

10 this subchapter; 

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

12 of a chemical substance, where warranted; and 

13 ‘‘(4) encouraging the replacement of harmful 

14 chemicals and processes with safer alternatives.’’. 

15 SEC. 4. DEFINITIONS. 

16 Section 3 of the Toxic Substances Control Act (15 

17 U.S.C. 2602) is amended— 

18 (1) in paragraph (2)— 

19 (A) in subparagraph (A)— 

20 (i) by striking ‘‘subparagraph (B)’’ 

21 and inserting ‘‘subparagraphs (B) and 

22 (C)’’; 

23 (ii) in clause (i), by striking ‘‘and’’ 

24 after ‘‘nature,’’; 


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1 (iii) in clause (ii), by striking the pe2 riod at the end and inserting ‘‘, and’’; and 

3 (iv) by adding at the end the following 

4 new clause: 

5 ‘‘(iii) any chemical substance con6 tained in or formed into an article.’’; 

7 (B) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(C) Notwithstanding molecular identity, 

10 the Administrator may determine, under section 

11 5(a)(6), that a variant of a chemical substance 

12 is a new chemical substance.’’. 

13 (2) in paragraph (4)— 

14 (A) by striking ‘‘or’’ after ‘‘or article;’’; 

15 and 

16 (B) by inserting ‘‘; or to export or offer for 

17 export the substance, mixture, or article’’ after 

18 ‘‘article after its introduction into commerce’’; 

19 (3) in paragraph (5), by inserting ‘‘ambient and 

20 indoor’’ after ‘‘includes water,’’; 

21 (4) in paragraph (6), by inserting ‘‘relating to 

22 a chemical substance or mixture or to the specific 

23 chemical identity of the chemical substance or mix24 ture’’ after ‘‘test’’; 


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1 (5) in paragraph (8), by inserting ‘‘The term 

2 ‘mixture’ includes any mixture contained in or 

3 formed into an article.’’ after ‘‘combination were 

4 combined.’’; 

5 (6) in paragraph (9), by striking ‘‘which is not 

6 included in the chemical substance list compiled and 

7 published under section 8(b)’’ and inserting ‘‘for 

8 which the manufacturer or processor of the chemical 

9 substance has not submitted a declaration under sec10 tion 8(a)’’; 

11 (7) by striking paragraph (12); 

12 (8) by redesignating paragraphs (13) and (14) 

13 as paragraphs (12) and (13), respectively; and 

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

15 paragraphs: 

16 ‘‘(14) ADVERSE EFFECT.—The term ‘adverse 

17 effect’ means a biochemical change, anatomic 

18 change, functional impairment, or pathological le19 sion, or its known precursor, that— 

20 ‘‘(A) affects or alters the performance of 

21 an anatomic structure of a vital system of an 

22 organism or progeny of an organism; 

23 ‘‘(B) causes irreversible change in the ho24 meostasis of an organism; 


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1 ‘‘(C) increases the susceptibility of an or2 ganism or progeny of an organism to other 

3 chemical or biological stressors or reduces the 

4 ability of an organism or progeny of an orga5 nism to respond to additional health or environ6 mental challenges; or 

7 ‘‘(D) affects, alters, or harms the environ8 ment such that the health of humans or other 

9 organisms is directly or indirectly threatened. 

10 ‘‘(15) AGGREGATE EXPOSURE.—The term ‘ag11 gregate exposure’ means all exposure to— 

12 ‘‘(A) a chemical substance or mixture from 

13 the manufacture, processing, distribution, use, 

14 and disposal of a chemical substance that is not 

15 considered to be a chemical substance under 

16 this chapter solely because of the use of the 

17 substance as or in a food, food additive, cos18 metic, or device (as such terms are defined in 

19 section 201 of the Federal Food, Drug, and 

20 Cosmetic Act (21 U.S.C. 321)); 

21 ‘‘(B) all other sources of the chemical sub22 stance under subparagraph (A), including— 

23 ‘‘(i) contamination of food, air, water, 

24 soil, and house dust from current or prior 

25 uses or activity; 


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1 ‘‘(ii) accidental releases; 

2 ‘‘(iii) permitted sources of pollution; 

3 ‘‘(iv) nonpoint sources of pollution; 

4 and 

5 ‘‘(v) documented background levels 

6 from natural and anthropogenic sources; 

7 and 

8 ‘‘(C) any mixture containing the chemical 

9 substance under subparagraph (A). 

10 ‘‘(16) BIOACCUMULATIVE.—The term ‘bio11 accumulative’ has the meaning given to such term in 

12 the policy statement entitled ‘Category for Per13 sistent, Bioaccumulative, and Toxic New Chemical 

14 Substances’ (64 Fed. Reg. 60194, Nov. 4, 1999). 

15 The Administrator may issue a rule to update the 

16 definition of such term for purposes of this chapter. 

17 ‘‘(17) CHEMICAL IDENTITY.—The term ‘chem18 ical identity’ includes the following— 

19 ‘‘(A) with respect to a chemical substance, 

20 each common and trade name of the chemical 

21 substance; 

22 ‘‘(B) with respect to a chemical substance, 

23 the name of the chemical substance appearing 

24 in International Union of Pure and Applied 


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1 Chemistry nomenclature and the most current 

2 Collective Index format; 

3 ‘‘(C) with respect to a chemical substance, 

4 each Chemical Abstracts Service registration 

5 number of the chemical substance; 

6 ‘‘(D) with respect to a chemical substance, 

7 the molecular structure of the chemical sub8 stance; 

9 ‘‘(E) with respect to a mixture, the chem10 ical identities of the mixture’s component chem11 ical substances; and 

12 ‘‘(F) with respect to a mixture, the propor13 tions the mixture’s component chemical sub14 stances. 

15 ‘‘(18) CUMULATIVE EXPOSURE.—The term ‘cu16 mulative exposure’ means the sum of aggregate ex17 posure to— 

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

19 are known or suspected to contribute appre20 ciably to the risk of an adverse effect; and 

21 ‘‘(B) mixtures containing chemical sub22 stances described under subparagraph (A). 

23 ‘‘(19) END CONSUMER.—The term ‘end con24 sumer’ means an individual or other entity that purVerDate Nov 24 2008 02:28 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 chases and uses or consumes a chemical substance, 

2 mixture, or article. 

3 ‘‘(20) FEDERAL AGENCY.—The term ‘Federal 

4 agency’ means any department, agency, or other in5 strumentality of the Federal Government, any inde6 pendent agency or establishment of the Federal Gov7 ernment including any Government corporation, and 

8 the Government Printing Office. 

9 ‘‘(21) PERSISTENT.—The term ‘persistent’ has 

10 the meaning given to such term in the policy state11 ment entitled ‘Category for Persistent, Bioaccumula12 tive, and Toxic New Chemical Substances’ (64 Fed. 

13 Reg. 60194, Nov. 4, 1999). The Administrator may 

14 issue a rule to update the definition of such term for 

15 purposes of this chapter. 

16 ‘‘(22) PERSON.—The term ‘person’ means an 

17 individual, trust, firm, joint stock company, corpora18 tion (including a Government corporation), partner19 ship, association, State, municipality, commission, 

20 political subdivision of a State, or any interstate 

21 body and shall include each Federal agency and any 

22 officer, agent, or employee thereof. 

23 ‘‘(23) REASONABLE CERTAINTY OF NO HARM.— 

24 The term ‘reasonable certainty of no harm’ means, 

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1 ture meets the safety standard under this sub2 chapter, that aggregate exposure and cumulative ex3 posure of the general population or of any vulnerable 

4 population to the chemical substance or mixture pre5 sents a negligible risk of any adverse effect on the 

6 general population or a vulnerable population. 

7 ‘‘(24) SPECIAL SUBSTANCE CHARACTERIS8 TICS.—The term ‘special substance characteristics’ 

9 means, such physical, chemical, or biological charac10 teristics, other than molecular identity, that the Ad11 ministrator determines, by order or rule, may signifi12 cantly affect the risks posed by substances exhibiting 

13 those characteristics. In determining the existence of 

14 special substance characteristics, the Administrator 

15 may consider— 

16 ‘‘(A) size or size distribution; 

17 ‘‘(B) shape and surface structure; 

18 ‘‘(C) reactivity; and 

19 ‘‘(D) any other properties that may signifi20 cantly affect the risks posed. 

21 ‘‘(25) TOXIC.—The term ‘toxic’, with respect to 

22 a chemical substance or mixture, means that the 

23 chemical substance or mixture has a toxicological 

24 property— 


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

2 Category 2 for any of the toxicity endpoints es3 tablished by the Globally Harmonized System 

4 for the Classification and Labeling of Haz5 ardous Substances; 

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

7 been demonstrated in humans or other exposed 

8 organisms; or 

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

10 (such as demonstration of such an adverse ef11 fect as described in clause (i) in laboratory 

12 studies or data for a chemical from the same 

13 chemical class that exhibits such an adverse ef14 fect) demonstrates the potential for an adverse 

15 effect in humans or other exposed organisms. 

16 ‘‘(26) TOXICOLOGICAL PROPERTY.—The term 

17 ‘toxicological property’ means actual or potential 

18 toxicity or other adverse effects of a chemical sub19 stance or mixture, including actual or potential ef20 fects of exposure to a chemical substance or mixture 

21 on— 

22 ‘‘(A) mortality; 

23 ‘‘(B) morbidity, including carcinogenesis; 

24 ‘‘(C) reproduction; 

25 ‘‘(D) growth and development; 


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1 ‘‘(E) the immune system; 

2 ‘‘(F) the endocrine system; 

3 ‘‘(G) the brain or nervous system; 

4 ‘‘(H) other organ systems; or 

5 ‘‘(I) any other biological functions in hu6 mans or nonhuman organisms. 

7 ‘‘(27) VULNERABLE POPULATION.—The term 

8 ‘vulnerable population’ means a population that is 

9 subject to a disproportionate exposure to, or poten10 tial for a disproportionate adverse effect from expo11 sure to, a chemical substance or mixture, includ12 ing— 

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

14 ‘‘(B) pregnant women; 

15 ‘‘(C) elderly; 

16 ‘‘(D) individuals with preexisting medical 

17 conditions; 

18 ‘‘(E) workers that work with chemical sub19 stance and mixtures; and 

20 ‘‘(F) members of any other appropriate 

21 population identified by the Administrator.’’. 

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

23 SUBSTANCES AND MIXTURES. 

24 Section 4 of the Toxic Substances Control Act (15 

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


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1 ‘‘SEC. 4. MINIMUM DATA SET AND TESTING OF CHEMICAL 

2 SUBSTANCES AND MIXTURES. 

3 ‘‘(a) MINIMUM DATA SET.— 

4 ‘‘(1) MINIMUM DATA SET RULE.—Not later 

5 than 1 year after the date of enactment of the Safe 

6 Chemicals Act of 2010, the Administrator shall es7 tablish, by rule, the data that constitute the min8 imum data set for chemical substances and mix9 tures. The rule shall require submission of a min10 imum data set including information on substance 

11 characteristics and on hazard, exposure, and use of 

12 chemical substances and mixtures that the Adminis13 trator anticipates will be useful in conducting safety 

14 standard determinations pursuant to section 6(b) or 

15 carrying out any provision of this chapter. The rule 

16 shall also establish requirements for manufacturers 

17 and processors to update their minimum data set 

18 submissions, as appropriate. The rule may provide 

19 for varied or tiered testing for different chemical 

20 substances, mixtures or categories of chemical sub21 stances and mixtures. Studies conducted to satisfy 

22 such data requirements shall be conducted in accord23 ance with section 31. 

24 ‘‘(2) SUBMISSION OF MINIMUM DATA SET.—The 

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1 stance shall submit the minimum data set for the 

2 chemical substance to the Administrator by— 

3 ‘‘(A) 18 months after the date on which 

4 the Administrator places the chemical substance 

5 on the priority list; or 

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

7 date on which the notice required in section 

8 5(b)(1) is filed. 

9 ‘‘(3) PROHIBITION.—The Administrator may, 

10 by order, prohibit a manufacturer or processor in 

11 violation of paragraph (2) from manufacturing, 

12 processing, or distributing in commerce the chemical 

13 substance or any mixture or article containing the 

14 chemical substance, except as authorized under sec15 tion 6(e). 

16 ‘‘(b) TESTING.— 

17 ‘‘(1) IN GENERAL.—The Administrator may, by 

18 rule or order, require testing with respect to any 

19 chemical substance or mixture, and the submission 

20 of test results by a specified date, as necessary for 

21 making any determination or carrying out any provi22 sion of this chapter. Nothing in this paragraph shall 

23 be construed as limiting the Administrator’s author24 ity under paragraph (2). 


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1 ‘‘(2) SAMPLE SUBMISSION.—The Administrator 

2 may, by rule or order require the submission of a 

3 sample of any chemical substance or mixture in such 

4 manner as enables the Administrator to conduct 

5 such tests as are necessary for making any deter6 mination or carrying out any provision of this chap7 ter. Nothing in this paragraph shall be construed as 

8 limiting the Administrator’s authority under para9 graph (1). 

10 ‘‘(3) PROHIBITION.—The Administrator may, 

11 by order, prohibit a manufacturer or processor in 

12 violation of a rule or order under paragraph (1) 

13 from manufacturing, processing, or distributing in 

14 commerce the chemical substance or any mixture or 

15 article containing the chemical substance, except as 

16 authorized under section 6(e). 

17 ‘‘(4) EXEMPTION.—If a manufacturer or proc18 essor has submitted a declaration of cessation of 

19 manufacture or processing under section 8(a)(3) for 

20 a chemical substance, the manufacturer or processor 

21 shall be exempted from the requirements of this sub22 section. 

23 ‘‘(c) TEST RULES OR ORDERS.— 

24 ‘‘(1) A rule or order under subsection (b) shall 

25 include— 


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1 ‘‘(A) identification of the chemical sub2 stance or mixture for which testing is required 

3 under the rule or order; 

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

5 data for such substance or mixture; 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 the stand11 ards referred to in subparagraph (B). 

12 In determining the standards and period to be in13 cluded, pursuant to subparagraphs (B) and (C), in 

14 a rule or order under subsection (b), the Administra15 tor’s considerations shall include the relative costs of 

16 the various test protocols and methodologies which 

17 may be required under the rule or order and the rea18 sonably foreseeable availability of the facilities and 

19 personnel needed to perform the testing required 

20 under the rule. Any such rule or order may require 

21 the submission to the Administrator of preliminary 

22 data during the period prescribed under subpara23 graph (C). 

24 ‘‘(2) TYPES OF HEALTH AND ENVIRONMENTAL

25 INFORMATION.— 


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1 ‘‘(A) IN GENERAL.—The types of health 

2 and environmental information for which stand3 ards for the development of test data may be 

4 prescribed include— 

5 ‘‘(i) information pertaining to carcino6 genesis, mutagenesis, teratogenesis, behav7 ioral disorders, cumulative or synergistic 

8 effects, and any other effect which may be 

9 considered in a safety determination; 

10 ‘‘(ii) information pertaining to expo11 sure to the chemical substance or mixture, 

12 including information regarding the pres13 ence of the chemical or mixture in human 

14 blood, fluids, or tissue; and 

15 ‘‘(iii) information pertaining to— 

16 ‘‘(I) bioaccumulation; 

17 ‘‘(II) persistence; 

18 ‘‘(III) acute toxicity; 

19 ‘‘(IV) subacute toxicity; 

20 ‘‘(V) chronic toxicity; and 

21 ‘‘(VI) any other characteristic 

22 which may present an adverse effect. 

23 ‘‘(B) METHODOLOGIES.— 

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

25 may prescribe methodologies in standards 


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1 for the development of test data includ2 ing— 

3 ‘‘(I) epidemiologic studies; 

4 ‘‘(II) biomonitoring studies; 

5 ‘‘(III) serial or hierarchical tests; 

6 ‘‘(IV) in vitro tests; and 

7 ‘‘(V) whole animal tests, con8 sistent with section 31. 

9 ‘‘(ii) REQUIREMENT.—Prior to pre10 scribing epidemiologic studies of employ11 ees, the Administrator shall consult with 

12 the Director of the National Institute for 

13 Occupational Safety and Health. 

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

15 frequently than once every 3 years, the Admin16 istrator shall— 

17 ‘‘(i) review the adequacy of the stand18 ards for development of data prescribed in 

19 rules under subsection (a); and 

20 ‘‘(ii) if necessary, institute pro21 ceedings to make appropriate revisions of 

22 the standards. 

23 ‘‘(3) PERSONS REQUIRED TO CONDUCT TESTS

24 AND SUBMIT DATA.— 


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

2 subparagraph (B), a rule or order under sub3 section (b) respecting a chemical substance or 

4 mixture shall specify the persons required to 

5 conduct tests and submit data to the Adminis6 trator on the substance or mixture. 

7 ‘‘(B) EXCEPTION.—The Administrator 

8 may permit 2 or more of the persons described 

9 in subparagraph (A) to designate 1 of the per10 sons or a qualified third party to conduct the 

11 tests and submit the data on behalf of the per12 sons making the designation. 

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

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

15 for compliance with any requirements subject to 

16 the designation. 

17 ‘‘(4) EXPIRATION OF RULES AND ORDERS.— 

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

19 under subsection (b) that requires the testing 

20 and submission of data with respect to a par21 ticular chemical substance or mixture shall ex22 pire at the end of the reimbursement period (as 

23 defined in subsection (d)(3)) that is applicable 

24 to test data with respect to the substance or 


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1 mixture unless, prior to that date, the Adminis2 trator withdraws the rule or order. 

3 ‘‘(B) CATEGORY OF CHEMICAL SUB4 STANCES OR MIXTURES.—A rule or order under 

5 subsection (b) that requires the testing and 

6 submission of data with respect to a category of 

7 chemical substances or mixtures shall expire 

8 with respect to a chemical substance or mixture 

9 included in the category at the end of the reim10 bursement period (as defined in subsection 

11 (d)(3)) that is applicable to test data with re12 spect to the substance or mixture unless, prior 

13 to that date, the Administrator withdraws the 

14 rule or order with respect the substance or mix15 ture or in its entirety. 

16 ‘‘(d) EXEMPTIONS.— 

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

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

19 tests and submit data with respect to a chemical 

20 substance or mixture may apply to the Adminis21 trator (in such form and manner as the Adminis22 trator shall prescribe) for an exemption from the re23 quirement. 

24 ‘‘(2) ACTION BY ADMINISTRATOR.—In accord25 ance with paragraph (3) or (4), the Administrator 


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1 shall exempt an applicant under paragraph (1) from 

2 conducting tests and submitting data with respect to 

3 the substance or mixture under the rule or order 

4 with respect to which the application was submitted, 

5 if, on receipt of the application, the Administrator 

6 determines that— 

7 ‘‘(A) the chemical substance or mixture 

8 with respect to which the application was sub9 mitted is equivalent to a chemical substance or 

10 mixture for which— 

11 ‘‘(i) data has been submitted to the 

12 Administrator in accordance with a rule or 

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

14 ‘‘(ii) data is being developed in ac15 cordance with the rule or order; and 

16 ‘‘(B) submission of data by the applicant 

17 with respect to the substance or mixture would 

18 be duplicative of data that— 

19 ‘‘(i) has been submitted to the Admin20 istrator in accordance with the rule or 

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

22 ‘‘(ii) is being developed in accordance 

23 with the rule or order. 

24 ‘‘(3) REIMBURSEMENT DUE TO EXEMPTION

25 FOR PREVIOUSLY SUBMITTED TEST DATA.— 


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1 ‘‘(A) DEFINITION OF REIMBURSEMENT PE2 RIOD.—In this paragraph, the term ‘reimburse3 ment period’, with respect to any test data for 

4 a chemical substance or mixture, means a pe5 riod— 

6 ‘‘(i) beginning on the date on which 

7 the test data is submitted in accordance 

8 with a rule or order issued under sub9 section (a) or (b); and 

10 ‘‘(ii) ending on the later of— 

11 ‘‘(I) 5 years after the date re12 ferred to in clause (i); or 

13 ‘‘(II) at the expiration of a period 

14 that— 

15 ‘‘(aa) begins on the date re16 ferred to in clause (i); and 

17 ‘‘(bb) is equal to the period 

18 that the Administrator deter19 mines was necessary to develop 

20 the test data. 

21 ‘‘(B) REIMBURSEMENT.— 

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (ii), if the exemption under 

24 paragraph (2) of any person from the re25 quirement to conduct tests and submit test 


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1 data with respect to a chemical substance 

2 or mixture is granted on the basis of the 

3 existence of previously submitted test data 

4 and the exemption is granted during the 

5 reimbursement period for the test data, the 

6 Administrator shall order the person 

7 granted the exemption to provide fair and 

8 equitable reimbursement (in an amount de9 termined under rules of the Administrator) 

10 to— 

11 ‘‘(I) the person who previously 

12 submitted the test data, for a portion 

13 of the costs incurred by the person in 

14 complying with the requirement to 

15 submit the data; and 

16 ‘‘(II) any other person who has 

17 been required under this subsection to 

18 contribute with respect to the costs, 

19 for a portion of the amount the per20 son was required to contribute. 

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

22 not apply if there is agreement on the 

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


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

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

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

7 clause (i) for costs incurred with respect to 

8 a chemical substance or mixture, the Ad9 ministrator shall, after consultation with 

10 the Attorney General and the Federal 

11 Trade Commission, consider all relevant 

12 factors, including— 

13 ‘‘(I) the effect on the competitive 

14 position of the person required to pro15 vide reimbursement in relation to the 

16 person to be reimbursed; and 

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

18 the substance or mixture of the per19 son required to provide reimburse20 ment in relation to the share of the 

21 market of the persons to be reim22 bursed. 

23 ‘‘(4) REIMBURSEMENT DUE TO EXEMPTION

24 FOR TEST DATA BEING DEVELOPED IN ACCORDANCE

25 WITH A RULE OR ORDER.— 


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

2 subparagraph (B), if the exemption under para3 graph (2) of any person from the requirement 

4 to conduct tests and submit test data with re5 spect to a chemical substance or mixture is 

6 granted on the basis of the fact that test data 

7 is being developed by 1 or more persons in ac8 cordance with a rule or order issued under sub9 section (a) or (b), the Administrator shall order 

10 the person granted the exemption to provide 

11 fair and equitable reimbursement (in an 

12 amount determined under rules of the Adminis13 trator)— 

14 ‘‘(i) to each such person who is devel15 oping the test data, for a portion of the 

16 costs incurred by each person in complying 

17 with the rule or order; and 

18 ‘‘(ii) to any other person who has 

19 been required under this subsection to con20 tribute with respect to the costs of com21 plying with the rule or order, for a portion 

22 of the amount the person was required to 

23 contribute. 

24 ‘‘(B) EXCEPTION.—Subparagraph (A) 

25 shall not apply if there is agreement on the 


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1 amount and method of reimbursement between 

2 an exempted person described in subparagraph 

3 (A) and the persons described in clauses (i) and 

4 (ii) of that subparagraph. 

5 ‘‘(C) CONSIDERATIONS.—In promulgating 

6 rules for the determination of fair and equitable 

7 reimbursement to the persons described in 

8 clauses (i) and (ii) of subparagraph (A) for 

9 costs incurred with respect to a chemical sub10 stance or mixture, the Administrator shall, 

11 after consultation with the Attorney General 

12 and the Commissioners of the Federal Trade 

13 Commission, consider the factors described in 

14 paragraph (3)(B)(iii). 

15 ‘‘(D) LACK OF COMPLIANCE.—If any ex16 emption is granted under paragraph (2) on the 

17 basis that 1 or more persons are developing test 

18 data pursuant to a rule or order promulgated 

19 or issued under subsection (a) or (b), and after 

20 the exemption is granted, the Administrator de21 termines that no such person has complied with 

22 the rule or order, the Administrator shall— 

23 ‘‘(i) after providing written notice to 

24 the person who holds the exemption and an 


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1 opportunity for a hearing, by order termi2 nate the exemption; and 

3 ‘‘(ii) notify in writing the person of 

4 the requirements of the rule or order with 

5 respect to which the exemption was grant6 ed. 

7 ‘‘(e) NOTICE.— 

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

9 after the date of receipt of any test data pursuant 

10 to a rule or order under subsection (a) or (b), the 

11 Administrator shall publish in the Federal Register 

12 a notice of the receipt of the test data. 

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

14 each notice shall— 

15 ‘‘(A) identify the chemical substance or 

16 mixture with respect to which data have been 

17 received; 

18 ‘‘(B) list the commercial and consumer 

19 uses or intended commercial and consumer uses 

20 of the substance or mixture known to the Ad21 ministrator and the information required by the 

22 applicable standards for the development of test 

23 data; and 

24 ‘‘(C) describe the nature of the test data 

25 developed. 


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

2 data described in this subsection shall be made avail3 able on the internet by the Administrator. 

4 ‘‘(f) REQUESTS FROM OTHER AGENCIES FOR ADDI5 TIONAL INFORMATION OR TESTING.— 

6 ‘‘(1) IN GENERAL.—If another Federal agency 

7 determines that information relating to a chemical 

8 substance or mixture, including data derived from 

9 new testing or monitoring, would assist the agency 

10 in carrying out duties or exercising authority of the 

11 agency, but that information is not available to the 

12 agency, the agency may request the Administrator to 

13 seek the information on behalf of the requesting 

14 agency. 

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

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

17 under paragraph (1), the Administrator shall— 

18 ‘‘(A) subject to section 14, make the data 

19 available to the requesting agency; 

20 ‘‘(B) issue a rule or order under section 

21 8(f) to require— 

22 ‘‘(i) the submission of existing perti23 nent data to the Administrator; and 


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1 ‘‘(ii) that a copy of any such submis2 sion also be furnished to the requesting 

3 agency; 

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

5 (b)— 

6 ‘‘(i) to develop the data; and 

7 ‘‘(ii) to require the developed data be 

8 furnished to the requesting agency; or 

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

10 reason for not taking any of the actions de11 scribed in this paragraph. 

12 ‘‘(g) CERTIFICATION.—Each submission required 

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

14 or issued by the Administrator under this section shall be 

15 accompanied by a certification signed by a responsible offi16 cial of the manufacturer or processor that each statement 

17 contained in the submission— 

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

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

20 possession or control of, or reasonably ascertainable 

21 by the manufacturer or processor.’’. 

22 SEC. 6. MANUFACTURING AND PROCESSING NOTICES. 

23 Section 5 of the Toxic Substances Control Act (15 

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


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1 ‘‘SEC. 5. MANUFACTURING AND PROCESSING NOTICES. 

2 ‘‘(a) NEW CHEMICAL SUBSTANCES AND MIXTURES

3 AND NEW USES OF CHEMICAL SUBSTANCES AND MIX4 TURES.— 

5 ‘‘(1) NEW CHEMICAL SUBSTANCES AND MIX6 TURES.—Except as provided in subsection (d), no 

7 person may manufacture or process a new chemical 

8 substance unless— 

9 ‘‘(A)(i) the person submits to the Adminis10 trator a notice, in accordance with subsection 

11 (c), of the intention of the person to manufac12 ture or process the substance; and 

13 ‘‘(ii) the person complies with subsection 

14 (b); and 

15 ‘‘(B) the Administrator— 

16 ‘‘(i) finds that the manufacturers and 

17 processors have established that the chem18 ical substance meets the safety standard 

19 under section 6(b); or 

20 ‘‘(ii) finds that the new chemical sub21 stance, or a metabolite or degradation 

22 product of the chemical substance, as ap23 plicable, is not, and is not expected to be— 

24 ‘‘(I) manufactured in a volume of 

25 more than 1,000,000 pounds annually 

26 or released into the environment in a 


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1 volume of more than 100,000 pounds 

2 annually; 

3 ‘‘(II) a known, probable, or sus4 pected reproductive, developmental, 

5 neurological, or immunological toxi6 cant, carcinogen, mutagen, or endo7 crine disruptor, or has other toxi8 cological properties of concern; 

9 ‘‘(III) persistent and bioaccumu10 lative; 

11 ‘‘(IV) found in human cord 

12 blood, or otherwise found in human 

13 blood, fluids, or tissue, unless the 

14 chemical substance or metabolite or 

15 degradation product is naturally 

16 present at the level commonly found 

17 in that medium; or 

18 ‘‘(V) found in food, drinking 

19 water, ambient or indoor air, residen20 tial soil, or house dust, unless the 

21 chemical substance or metabolite or 

22 degradation product is naturally 

23 present at the level commonly found 

24 in that medium. 


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1 ‘‘(2) NEW USES OF EXISTING CHEMICAL SUB2 STANCES PRIOR TO SAFETY DETERMINATION.— 

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

4 subparagraph (B), with respect to an existing 

5 chemical substance which the Administrator has 

6 not made a safety determination under section 

7 6, no person may manufacture or process the 

8 chemical substance— 

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

10 the date of enactment of the Safe Chemi11 cals Act of 2010; 

12 ‘‘(ii) at a significantly increased vol13 ume above the level on the date of enact14 ment; or 

15 ‘‘(iii) if the person had not previously 

16 manufactured or processed the chemical 

17 substance on the date of enactment of the 

18 Safe Chemicals Act of 2010. 

19 ‘‘(B) HEADER NEEDED.—The person— 

20 ‘‘(i) submits to the Administrator a 

21 new or updated declaration referred to in 

22 section 8(a); and 

23 ‘‘(ii) complies with subsection (b). 

24 ‘‘(3) NEW USES OF EXISTING CHEMICAL SUB25 STANCES THAT MEET THE SAFETY STANDARD.— 


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1 ‘‘(A) IN GENERAL.—With respect to an ex2 isting chemical substance for which the Admin3 istrator has determined under section 6(b) that 

4 the manufacturers and processors of the chem5 ical substance have established that the sub6 stance meets the safety standard, no person 

7 may manufacture or process the chemical sub8 stance for a use, at a production volume, or in 

9 a manner other than those the Administrator 

10 specified in the safety determination, unless— 

11 ‘‘(i) the manufacturer or processor 

12 submits to the Administrator— 

13 ‘‘(I) a notice of the intention of 

14 the manufacturer or processor to 

15 manufacture or process the substance 

16 for the new use or at the new produc17 tion volume, or in such other manner 

18 that is inconsistent with a specified 

19 condition or term for such substance; 

20 and 

21 ‘‘(II) all updates to the minimum 

22 data set relevant to the new use, new 

23 production volume, or other new man24 ner of manufacturing or processing; 


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1 ‘‘(ii) the notice under clause (i)(I) in2 dicates that the chemical substance will 

3 continue to meet the safety standard if the 

4 allowed uses, allowed production volume, 

5 or other specified conditions or terms for 

6 such chemical substance are revised to en7 compass the new use or new production 

8 volume, or other new manner of manufac9 turing or processing; and 

10 ‘‘(iii) the Administrator determines 

11 that the manufacturer or processor submit12 ting the notice has established that the 

13 chemical substance will continue to meet 

14 the safety standard if the allowed uses or 

15 allowed production volume, or other speci16 fied conditions or terms for such sub17 stance, are revised to encompass the new 

18 use or new production volume or other new 

19 manner of manufacturing or processing. 

20 ‘‘(B) AMENDMENT TO SAFETY DETER21 MINATION.—If the conditions described in 

22 clause (i) through (iii) of subparagraph (A) are 

23 satisfied, the Administrator shall, by order, 

24 amend the safety determination for the chem25 ical substance to include the new use or new 


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1 production volume among the allowed uses or 

2 production volumes of the chemical substance. 

3 ‘‘(4) SAFETY STANDARD DETERMINATION.— 

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

5 subparagraphs (B) and (C), not later than 180 

6 days after the date of receipt of a notice and 

7 supporting data that satisfies paragraph (1)(A) 

8 or paragraph (3)(A), the Administrator shall 

9 determine whether the person submitting the 

10 notice has established that the chemical sub11 stance will meet, or continue to meet, the safety 

12 standard under section 6(b). 

13 ‘‘(B) EXCEPTION.—In the case of a notice 

14 under paragraph (1)(A), the Administrator 

15 shall not be subject to the deadline described in 

16 subparagraph (A) if the Administrator first 

17 makes the finding specified under paragraph 

18 (1)(B)(ii). 

19 ‘‘(C) EXTENSION.—The Administrator 

20 may extend the determination deadline under 

21 subparagraph (A) by 1 or more additional peri22 ods not to exceed 12 months in aggregate, by 

23 action in accordance with section 5(b) or sec24 tion 6(b)(2)(A)(i)(I)(bb), or other means, as 


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1 necessary to secure additional relevant data for 

2 the determination. 

3 ‘‘(D) FAILURE TO MAKE A TIMELY DETER4 MINATION.—The failure of the Administrator to 

5 make a timely determination in accordance with 

6 this paragraph shall not be sufficient to satisfy 

7 paragraph (1)(B)(ii) or paragraph (3)(A)(iii). 

8 ‘‘(5) NOTICE OF COMMENCEMENT.—Not later 

9 than 30 days after the date on which a manufac10 turer or processor commences manufacturing or 

11 processing of a new chemical substance, the manu12 facturer or processor shall submit to the Adminis13 trator a notice of commencement of manufacture or 

14 processing. 

15 ‘‘(6) CHEMICAL SUBSTANCES EXHIBITING SPE16 CIAL SUBSTANCE CHARACTERISTICS.— 

17 ‘‘(A) DETERMINATION.—The Adminis18 trator shall determine by order or rule that a 

19 variant of a chemical substance exhibiting one 

20 or more special substance characteristics— 

21 ‘‘(i) is a use that is separate from any 

22 use of the chemical substance that does 

23 not exhibit such special substance charac24 teristics; or 

25 ‘‘(ii) is a new chemical substance. 


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1 ‘‘(B) REQUIREMENTS FOR VARIANTS THAT

2 ARE SEPARATE USES.—In the case of a chem3 ical substance which the Administrator deter4 mines to be a separate use based on its special 

5 substance characteristics, the manufacturer or 

6 processor shall satisfy such further conditions 

7 as the Administrator establishes, by order or 

8 rule. 

9 ‘‘(b) SUBMISSION OF DATA.— 

10 ‘‘(1) IN GENERAL.—If a person is required by 

11 subsection (a) to submit to the Administrator a no12 tice before beginning the manufacture or processing 

13 of a chemical substance, and is required by a rule 

14 or order under section 4(b) to submit test data for 

15 the chemical substance before the submission of the 

16 notice, the person shall submit to the Administrator 

17 the data in accordance with the rule or order at the 

18 time the notice is submitted under subsection (b). 

19 ‘‘(2) AVAILABILITY.—Subject to section 14, test 

20 data submitted under paragraph (1) shall be made 

21 available on the internet by the Administrator. 

22 ‘‘(c) CONTENT AND AVAILABILITY OF NOTICE.— 

23 ‘‘(1) CONTENT OF NOTICE.—The notice re24 quired by subsection (b)(1) shall include— 


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1 ‘‘(A) the declaration described in section 

2 8(a)(2); 

3 ‘‘(B) the minimum data set, as defined in 

4 accordance with section 4(a); and 

5 ‘‘(C) a statement that the chemical sub6 stance will meet the safety standard. 

7 ‘‘(2) AVAILABILITY.—Subject to section 14, a 

8 notice described in paragraph (1) shall be made 

9 available on the internet by the Administrator. 

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

11 14, not later than 5 days (excluding Saturdays, Sun12 days, and legal holidays) after the date of the receipt 

13 of a notice under subsection (a) or of data under 

14 subsection (b), the Administrator shall make avail15 able on the internet information that— 

16 ‘‘(A) identifies the chemical substance for 

17 which notice or data has been received; 

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

19 chemical substance; 

20 ‘‘(C) in the case of the receipt of data 

21 under subsection (b), describes— 

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

23 with respect to the chemical substance; and 


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1 ‘‘(ii) any data that were received 

2 under subsection (b) or a rule or order 

3 under section 4; and 

4 ‘‘(D) references the availability of the min5 imum data set. 

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

7 each month, the Administrator shall make available 

8 on the internet a list of each chemical substance for 

9 which notice has been received under subsection (a). 

10 ‘‘(d) EXEMPTIONS.— 

11 ‘‘(1) TEST MARKETING PURPOSES.—The Ad12 ministrator may, upon application, exempt any per13 son from any requirement of subsection (a) or (b) to 

14 permit the person to manufacture or process a 

15 chemical substance for test marketing purposes— 

16 ‘‘(A) upon a showing by the person satis17 factory to the Administrator that the manufac18 ture, processing, distribution in commerce, use, 

19 and disposal of the chemical substance, and 

20 that any combination of those activities, will not 

21 endanger the health or the environment; and 

22 ‘‘(B) under such restrictions as the Admin23 istrator considers appropriate. 

24 ‘‘(2) EQUIVALENT CHEMICAL SUBSTANCES.— 


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

2 shall, upon application, fully or partially exempt 

3 any person from the requirement to submit any 

4 data otherwise required with respect to a chem5 ical substance for which notice is submitted 

6 under subsection (a) if, on receipt of an appli7 cation, the Administrator determines that— 

8 ‘‘(i) the chemical substance with re9 spect to which the application was sub10 mitted is equivalent to a chemical sub11 stance for which data has been submitted 

12 to the Administrator as required by this 

13 chapter; and 

14 ‘‘(ii) submission of data by the appli15 cant on the chemical substance would be 

16 duplicative of data which has been sub17 mitted to the Administrator in accordance 

18 with this chapter. 

19 ‘‘(iii) EFFECTIVE DATE.—No exemp20 tion granted under this subparagraph with 

21 respect to the submission of data for a 

22 chemical substance may take effect before 

23 the beginning of the reimbursement period 

24 applicable to the data. 


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1 ‘‘(B) FAIR AND EQUITABLE REIMBURSE2 MENT.— 

3 ‘‘(i) DEFINITION OF REIMBURSEMENT

4 PERIOD.—In this subparagraph, the term 

5 ‘reimbursement period’, with respect to 

6 any previously submitted data for a chem7 ical substance, means a period— 

8 ‘‘(I) beginning on the date of the 

9 termination of the prohibition, im10 posed under this section, on the man11 ufacture or processing of the chemical 

12 substance by the person who sub13 mitted the data to the Administrator; 

14 and 

15 ‘‘(II) ending on the later of— 

16 ‘‘(aa) the date that is 5 

17 years after the date referred to in 

18 subclause (I); or 

19 ‘‘(bb) at the expiration of a 

20 period beginning on the date re21 ferred to in subclause (I) that is 

22 equal in length to the period that 

23 the Administrator determines to 

24 be necessary to develop the data. 


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1 ‘‘(ii) REIMBURSEMENT.—Except as 

2 provided in clause (iii), if the Adminis3 trator exempts any person, under subpara4 graph (A), from submitting data required 

5 under subsection (a) or (b) for a chemical 

6 substance because of the existence of pre7 viously submitted data and the exemption 

8 is granted during the reimbursement pe9 riod for that data, the Administrator shall 

10 order the person granted the exemption to 

11 provide fair and equitable reimbursement 

12 (in an amount determined under rules of 

13 the Administrator)— 

14 ‘‘(I) to the person who previously 

15 submitted the data on which the ex16 emption was based, for a portion of 

17 the costs incurred by the person in 

18 complying with the requirement under 

19 this subchapter to submit the data; 

20 and 

21 ‘‘(II) to any other person who 

22 has been required under this subpara23 graph to contribute with respect to 

24 the costs, for a portion of the amount 

25 the person was required to contribute. 


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

2 not apply if the person exempted under 

3 that clause and the persons described in 

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

5 on the amount and method of reimburse6 ment. 

7 ‘‘(iv) CONSIDERATIONS.—In promul8 gating rules for the determination of fair 

9 and equitable reimbursement to the per10 sons described in subclauses (I) and (II) of 

11 clause (ii) for costs incurred with respect 

12 to a chemical substance, the Administrator 

13 shall, after consultation with the Attorney 

14 General and the Commissioners of the 

15 Federal Trade Commission, consider all 

16 relevant factors, including— 

17 ‘‘(I) the effect on the competitive 

18 position of the person required to pro19 vide reimbursement in relation to the 

20 persons to be reimbursed; and 

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

22 the chemical substance of the person 

23 required to provide reimbursement in 

24 relation to the share of the market of 

25 the persons to be reimbursed. 


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1 ‘‘(3) SMALL QUANTITIES.— 

2 ‘‘(A) IN GENERAL.—If the conditions de3 scribed in subparagraph (B) are met, sub4 sections (a) and (b) shall not apply with respect 

5 to the manufacturing or processing of any 

6 chemical substance that is manufactured or 

7 processed, or proposed to be manufactured or 

8 processed, only in small quantities (as defined 

9 by the Administrator by rule) solely for pur10 poses of— 

11 ‘‘(i) scientific experimentation or anal12 ysis; or 

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

14 of such substance or another substance, in15 cluding such research or analysis for the 

16 development of a product. 

17 ‘‘(B) CONDITIONS.—The conditions re18 ferred to in subparagraph (A) are that all per19 sons engaged in the experimentation, research, 

20 or analysis for a manufacturer or processor are 

21 notified (in such form and manner as the Ad22 ministrator may prescribe) of any risk to health 

23 which the manufacturer, processor, or the Ad24 ministrator has reason to believe may be associ25 ated with such chemical substance. 


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1 ‘‘(4) TEMPORARY EXISTENCE.—The Adminis2 trator may, upon application, exempt from sub3 sections (a) and (b) the manufacturing or processing 

4 of any chemical substance— 

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

6 a chemical reaction in the manufacturing or 

7 processing of a mixture or another chemical 

8 substance; and 

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

10 human or environmental exposure. 

11 ‘‘(5) PUBLICATION.— 

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

13 after receipt of an application under paragraph 

14 (1) or (4), the Administrator shall publish in 

15 the Federal Register notice of the receipt of the 

16 application. 

17 ‘‘(B) REQUIREMENTS.—The Administrator 

18 shall— 

19 ‘‘(i) give interested persons an oppor20 tunity to comment upon any application 

21 described in subparagraph (A); 

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

23 date of receipt of an application, approve 

24 or deny the application; and 


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1 ‘‘(iii) publish in the Federal Register 

2 notice of the approval or denial of the ap3 plication. 

4 ‘‘(e) CERTIFICATION.—Each submission required 

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

6 or issued by the Administrator under this section shall be 

7 accompanied by a certification signed by a responsible offi8 cial of the manufacturer or processor that each statement 

9 contained in the submission— 

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

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

12 possession or control of, or reasonably ascertainable 

13 by the manufacturer or processor. 

14 ‘‘(f) DEFINITIONS.—In this section: 

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

16 ‘manufacture’ and ‘process’ mean manufacture or 

17 process, respectively, for commercial purposes. 

18 ‘‘(2) TEST MARKETING.—The term ‘test mar19 keting’ does not include any provision of a chemical 

20 substance or mixture, or an article containing a 

21 chemical substance or mixture, to an end consumer 

22 of the chemical substance, mixture, or article.’’. 


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1 SEC. 7. PRIORITIZATION, SAFETY STANDARD DETERMINA2 TION, AND RISK MANAGEMENT. 

3 Section 6 of the Toxic Substances Control Act (15 

4 U.S.C. 2605) is amended to read as follows: 

5 ‘‘SEC. 6. PRIORITIZATION, SAFETY STANDARD DETERMINA6 TION, AND RISK MANAGEMENT. 

7 ‘‘(a) PRIORITIZATION OF CHEMICAL SUBSTANCES.— 

8 ‘‘(1) ESTABLISHMENT OF PRIORITY LIST.—Not 

9 later than 18 months after the date of enactment of 

10 the Safe Chemicals Act of 2010, the Administrator 

11 shall by order develop and publish a priority list con12 taining the names of not less than 300 chemical sub13 stances for which safety determinations under this 

14 section shall first be made. Chemical substances 

15 shall be selected to be on the list at the Administra16 tor’s discretion, based on available scientific evi17 dence, and consideration of their risk relative to 

18 other chemical substances, based upon presence in 

19 biological and environmental media, use, production 

20 volume, toxicity, persistence, bioaccumulation, or 

21 other properties indicating risk. 

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

23 shall— 

24 ‘‘(A) remove a chemical substance or mix25 ture from the list under paragraph (1) only 

26 after a safety standard determination has been 


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1 made for such chemical substance or mixture 

2 pursuant to subsection (b); 

3 ‘‘(B) add chemical substances or mixtures 

4 to the list periodically so that the number of 

5 chemical substances on the list will not be fewer 

6 than 300 at any given time, until such time as 

7 all chemical substances and mixtures distrib8 uted in commerce have had a safety standard 

9 determination. Additions to the list shall be 

10 consistent with paragraph (1) and based on 

11 consideration generally of risk relative to listed 

12 chemical substances and mixtures to the extent 

13 practicable. Such additions to the list may be 

14 made in response to petitions under section 21; 

15 and 

16 ‘‘(C) give due consideration to any rec17 ommendation provided by the committee estab18 lished under paragraph (3). 

19 ‘‘(3) INTERAGENCY PRIORITIZATION AND TEST20 ING COMMITTEE.— 

21 ‘‘(A) ESTABLISHMENT.—There is estab22 lished an interagency committee (referred to in 

23 this section as the ‘committee’) to make rec24 ommendations to the Administrator con25 cerning— 


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1 ‘‘(i) the issuance of test rules or or2 ders for chemical substances and mixtures 

3 under section 4(b); and 

4 ‘‘(ii) the placement of chemical sub5 stances on the priority list under this sub6 section. 

7 ‘‘(B) RECOMMENDATIONS.— 

8 ‘‘(i) FACTORS.—In making a rec9 ommendation concerning— 

10 ‘‘(I) the issuance of test rules or 

11 orders under section 4(b), the com12 mittee shall consider all factors rel13 evant to risk; and 

14 ‘‘(II) placement on the priority 

15 list under subsection (a), the com16 mittee shall consider the criteria iden17 tified pursuant to subsection (a)(1). 

18 ‘‘(ii) FORM.—The recommendations of 

19 the committee shall be in the form of 1 or 

20 more lists of chemical substances and mix21 tures that shall specify, either by individual 

22 substance or mixture or by groups of sub23 stances or mixtures— 

24 ‘‘(I) the recommendations of the 

25 committee that particular chemical 


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1 substances, mixtures, or categories of 

2 chemical substances or mixtures be 

3 the subject of a test rule or order 

4 under section 4(b); or 

5 ‘‘(II) the recommendations of the 

6 committee that particular chemical 

7 substances, or groups of chemical sub8 stances, be placed on the priority list. 

9 ‘‘(iii) ADDITIONS OR REVISIONS.— 

10 ‘‘(I) IN GENERAL.—At least once 

11 every year, the committee shall— 

12 ‘‘(aa) make such additions 

13 or revisions to the recommenda14 tions of the commission as the 

15 commission determines to be nec16 essary; and 

17 ‘‘(bb) submit to the Admin18 istrator the recommendations and 

19 a statement of the reasons of the 

20 committee for any additions or 

21 revisions. 

22 ‘‘(II) PUBLICATION.—On receipt 

23 of any new or revised recommenda24 tions, the Administrator shall publish 

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1 ommendations and the statement of 

2 the reasons for the additions or revi3 sions. 

4 ‘‘(III) COMMENTS.—The Admin5 istrator shall— 

6 ‘‘(aa) provide reasonable op7 portunity to any interested per8 son to file with the Administrator 

9 written comments on the rec10 ommendations of the committee, 

11 and any additions or revisions to 

12 the recommendations by the com13 mittee; 

14 ‘‘(bb) consideration such 

15 comments; and 

16 ‘‘(cc) make the comments 

17 available to the public. 

18 ‘‘(C) COMPOSITION.—The committee shall 

19 consist of the following 8 members: 

20 ‘‘(i) One member appointed by the 

21 Administrator from officers or employees 

22 of the Environmental Protection Agency. 

23 ‘‘(ii) One member appointed by the 

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1 gaged in the activities of the Secretary of 

2 Labor under the Occupational Safety and 

3 Health Act of 1970 (29 U.S.C. 651 et 

4 seq.). 

5 ‘‘(iii) One member appointed by the 

6 Chairman of the Council on Environmental 

7 Quality from the Council or the officers or 

8 employees of the Council. 

9 ‘‘(iv) One member appointed by the 

10 Director of the National Institute for Oc11 cupational Safety and Health from officers 

12 or employees of the Institute. 

13 ‘‘(v) One member appointed by the 

14 Director of the National Institute of Envi15 ronmental Health Sciences from officers or 

16 employees of the Institute. 

17 ‘‘(vi) One member appointed by the 

18 Director of the National Cancer Institute 

19 from officers or employees of the Institute. 

20 ‘‘(vii) One member appointed by the 

21 Director of the National Science Founda22 tion from officers or employees of the 

23 Foundation. 

24 ‘‘(viii) One member appointed by the 

25 Secretary of Commerce from officers or 


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1 employees of the Department of Com2 merce. 

3 ‘‘(D) APPOINTMENT OF MEMBERS.— 

4 ‘‘(i) DESIGNEES.— 

5 ‘‘(I) IN GENERAL.—An appointed 

6 member may designate an individual 

7 to serve on the committee on behalf of 

8 the member. 

9 ‘‘(II) PREREQUISITES.—A des10 ignation may be made only— 

11 ‘‘(aa) with the approval of 

12 the applicable appointing author13 ity; and 

14 ‘‘(bb) if the individual is 

15 from the entity from which the 

16 member was appointed. 

17 ‘‘(ii) TERMS.— 

18 ‘‘(I) IN GENERAL.—No individual 

19 may serve as a member of the com20 mittee for more than 4 years in the 

21 aggregate. 

22 ‘‘(II) MEMBERS LEAVING AP23 POINTING ENTITIES.—If any member 

24 of the committee leaves the entity 


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1 from which the member was ap2 pointed— 

3 ‘‘(aa) the member may not 

4 continue as a member of the 

5 committee; and 

6 ‘‘(bb) the position of the 

7 member shall be considered to be 

8 vacant. 

9 ‘‘(III) VACANCIES.—A vacancy 

10 on the committee shall be filled in the 

11 same manner in which the original ap12 pointment was made. 

13 ‘‘(E) CONFLICTS OF INTEREST.— 

14 ‘‘(i) POST-TERMINATION EMPLOY15 MENT OR COMPENSATION.—No member of 

16 the committee, or designee of the member, 

17 shall accept employment or compensation 

18 from any person subject to any require19 ment of this chapter or of any rule promul20 gated or order issued under this chapter, 

21 for a period of at least 1 year after the 

22 date of termination of service on the com23 mittee. 

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1 mittee or designee of the member, may 

2 own any stocks or bonds, or have any pe3 cuniary interest, of substantial value in 

4 any person engaged in the manufacture, 

5 processing, or distribution in commerce of 

6 any chemical substance or mixture subject 

7 to this chapter or of any rule promulgated 

8 or order issued under this chapter. 

9 ‘‘(iii) VIOLATIONS.—The Adminis10 trator, acting through attorneys of the En11 vironmental Protection Agency, or the At12 torney General may bring an action in the 

13 appropriate district court of the United 

14 States to restrain any violation of this sub15 paragraph. 

16 ‘‘(F) ADMINISTRATIVE SUPPORT.—The 

17 Administrator shall provide the committee such 

18 administrative support services as may be nec19 essary to enable the committee to carry out the 

20 functions of the committee under this sub21 section. 

22 ‘‘(4) NO JUDICIAL REVIEW; NONDISCRETIONARY

23 DUTY.— 

24 ‘‘(A) NO JUDICIAL REVIEW.—The fol25 lowing actions shall not be subject to judicial 


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1 review, including when a prioritization decision 

2 or recommendation coincides with or is based 

3 on other decisions under this chapter that are 

4 subject to judicial review: 

5 ‘‘(i) A decision whether to place a par6 ticular chemical substance on the priority 

7 list pursuant to this subsection; 

8 ‘‘(ii) A response to a petition to place 

9 a particular chemical on the priority list; 

10 and 

11 ‘‘(iii) The issuance of a recommenda12 tion pursuant to paragraph (3). 

13 ‘‘(B) NONDISCRETIONARY DUTY.—The 

14 failure of the Administrator to establish the pri15 ority list required in subparagraph (1), or to 

16 update the list as required by paragraph (2), 

17 shall be— 

18 ‘‘(i) considered to be a failure to per19 form a nondiscretionary duty; and 

20 ‘‘(ii) subject to judicial review. 

21 ‘‘(b) SAFETY DETERMINATIONS FOR CHEMICAL SUB22 STANCES.— 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) APPLICATION.—This paragraph ap25 plies to the determination, or redetermination, 


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1 of whether a chemical substance meets the safe2 ty standards of this subchapter. 

3 ‘‘(B) BURDEN OF PROOF.—Under this 

4 subchapter, it shall be the duty of— 

5 ‘‘(i) the manufacturers and processors 

6 of a chemical substance to, at all times, 

7 bear the burden of proving that the chem8 ical substance meets the applicable safety 

9 standard; and 

10 ‘‘(ii) the Administrator to determine 

11 whether the manufacturers and processors 

12 of a chemical substance have met the bur13 den of proof under clause (i). 

14 ‘‘(C) ASSESSMENT OF RISK.— 

15 ‘‘(i) IN GENERAL.—Any determination 

16 that a manufacturer or processor of a 

17 chemical substance has met the burden of 

18 proof pursuant to subparagraph (B)(i) 

19 shall be supported by an assessment of 

20 risk conducted by an employee or con21 tractor of the Environmental Protection 

22 Agency. 

23 ‘‘(ii) FINANCIAL INTERESTS.—No 

24 participant or peer reviewer in an assess25 ment described in clause (i) shall have a 


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1 direct or indirect financial interest in the 

2 outcome of the assessment. 

3 ‘‘(iii) METHODOLOGY.—The Adminis4 trator shall use the best available science 

5 when conducting an assessment described 

6 in clause (i). For the purpose of deter7 mining the current best available science 

8 the Administrator shall consider the most 

9 recent recommendations of the National 

10 Academy of Sciences on ways to better 

11 protect people, including pregnant women, 

12 infants, children and other vulnerable pop13 ulations from harm by exposure to toxic 

14 substances when assessing such potential 

15 risks. 

16 ‘‘(iv) SCOPE.—An assessment de17 scribed in clause (i) shall address health or 

18 environmental impacts including potential 

19 or demonstrated cancer and noncancer 

20 endpoints. 

21 ‘‘(v) TRANSPARENCY.—In carrying 

22 out this subsection, the Administrator shall 

23 ensure that the approaches and resulting 

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1 ner that is transparent and understandable 

2 to the public and to risk managers. 

3 ‘‘(vi) MANUFACTURE OR PROCESSING

4 FOR EXPORT.—In the case of a chemical 

5 substance that is manufactured or proc6 essed in whole or in part for export, in de7 termining whether the manufacturer or 

8 processor has met the burden of proof pur9 suant to subparagraph (B)(i), the Admin10 istrator shall take into account such risks 

11 as the chemical substance may pose in the 

12 United States, including risks involving 

13 long-range transport of the chemical sub14 stance in the environment and risks involv15 ing the import of articles and mixtures 

16 containing the chemical substance. 

17 ‘‘(vii) RISK ASSESSMENT NOT RE18 QUIRED.—The Administrator shall not be 

19 required to conduct a risk assessment to 

20 determine that a manufacturer or proc21 essor has not met the burden of proof 

22 under subparagraph (B)(i). 

23 ‘‘(D) NO JUDICIAL REVIEW.—A determina24 tion by the Administrator that a manufacturer 

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1 ical substance meets the safety standard under 

2 this subsection shall not be subject to judicial 

3 review. 

4 ‘‘(2) DUTIES.— 

5 ‘‘(A) MANUFACTURER AND PROCESSOR

6 DUTIES.— 

7 ‘‘(i) INITIAL SAFETY DETERMINATION

8 SUBMISSION.— 

9 ‘‘(I) IN GENERAL.—By the ear10 lier of the date that is 30 months 

11 after the date on which a chemical 

12 substance is placed on the priority list 

13 or the date that is 14 years after the 

14 date of enactment of the Safe Chemi15 cals Act of 2010, the manufacturers 

16 and processors of a chemical sub17 stance shall— 

18 ‘‘(aa) submit to the Admin19 istrator the minimum dataset for 

20 the chemical substance, as estab21 lished under section 4(a), or up22 date the dataset if the dataset 

23 was submitted during the pre24 ceding 30-month period in re25 sponse to the placement of the 


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1 chemical substance on the pri2 ority list; 

3 ‘‘(bb) submit to the Admin4 istrator, and develop by testing 

5 as necessary, all other informa6 tion the Administrator may re7 quire, including information de8 veloped through testing or other9 wise, in order to make a safety 

10 determination; and 

11 ‘‘(cc) indicate whether the 

12 chemical substance, including 

13 specified uses to be evaluated and 

14 any proposed conditions on the 

15 specified uses meets the safety 

16 standard. 

17 ‘‘(II) SUBMITTING MANUFACTUR18 ERS AND PROCESSORS.—The Admin19 istrator may permit the manufactur20 ers and processors of a chemical sub21 stance to designate 1 or more manu22 facturers or processors to submit the 

23 information required under subclause 

24 (I) on behalf of the manufacturers 


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1 and processors making the designa2 tion. 

3 ‘‘(III) LIABILITY.—All manufac4 turers and processors described in 

5 subclause (II) shall remain liable for 

6 compliance with any requirements 

7 subject to the designation. 

8 ‘‘(ii) RENEWAL OF SAFETY DETER9 MINATION SUBMISSION.— 

10 ‘‘(I) IN GENERAL.—Not later 

11 than 15 years after the date of the 

12 previous submission under clause (i), 

13 this clause, or section 5(c)(1), the 

14 manufacturers and processors of each 

15 chemical substance shall— 

16 ‘‘(aa) submit to the Admin17 istrator the minimum dataset for 

18 the chemical substance, as estab19 lished under section 4(a); and 

20 ‘‘(bb) indicate whether the 

21 chemical substance, including 

22 specified uses to be evaluated and 

23 any proposed conditions on the 

24 specified use meets the safety 

25 standard. 


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1 ‘‘(II) SUBMITTING MANUFACTUR2 ERS AND PROCESSORS.—The Admin3 istrator may permit the manufactur4 ers and processors of a chemical sub5 stance to designate 1 or more manu6 facturers or processors to submit the 

7 information required under subclause 

8 (I) on behalf of the manufacturers 

9 and processors making the designa10 tion. 

11 ‘‘(III) LIABILITY.—All manufac12 turers and processors described in 

13 subclause (II) shall remain liable for 

14 compliance with any requirements 

15 subject to the designation. 

16 ‘‘(iii) NOTICE OF PENDING DETER17 MINATION.—If the Administrator fails to 

18 act by an applicable deadline under sub19 paragraph (B)(i), each manufacturer and 

20 processor of a chemical substance for 

21 which the Administrator has failed to act 

22 shall provide to the Administrator, the 

23 public, their employees and recognized bar24 gaining agents of any employees who are 

25 represented by bargaining agents, and each 


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1 known customer who has purchased the 

2 chemical substance within a reasonable 

3 timeframe as determined by the Adminis4 trator by rule or order, or mixture or arti5 cle containing the chemical substance, a 

6 written notice that a determination by the 

7 Administrator of the safety of the chemical 

8 substance is pending. 

9 ‘‘(iv) FAILURE OF MANUFACTURER OR

10 PROCESSOR TO MEET DUTIES.—If a manu11 facturer or processor fails to meet duties 

12 under this subparagraph for a chemical 

13 substance, the Administrator may, by 

14 order, prohibit a manufacturer or proc15 essor, in violation of a duty under this sub16 paragraph, from manufacturing, proc17 essing, or distributing in commerce the 

18 chemical substance, or any mixture or arti19 cle containing the chemical substance, ex20 cept as authorized under subsection (e). 

21 ‘‘(B) ADMINISTRATOR DUTIES.— 

22 ‘‘(i) SAFETY DETERMINATION.—Not 

23 later than 180 days after the earlier of the 

24 date of receipt of a complete submission or 

25 the applicable submission deadline under 


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1 clause (i) or (ii) of subparagraph (A), or 

2 after initiating a redetermination under 

3 clause (iii) of this subparagraph, with re4 spect to a chemical substance, the Admin5 istrator shall by order determine, or rede6 termine, as the case may be, whether the 

7 manufacturers and processors of the sub8 stance have established that the substance 

9 meets the safety standard. 

10 ‘‘(ii) USES AND CONDITIONS.—If the 

11 Administrator determines that the sub12 stance meets the safety standard, the Ad13 ministrator shall in the order specify— 

14 ‘‘(I) the allowed uses of the sub15 stance, which shall be limited to the 

16 uses evaluated in the determination; 

17 and 

18 ‘‘(II) any conditions on the speci19 fied uses to ensure the safety stand20 ard is met, including conditions that 

21 relate to the manufacture, processing, 

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1 ical substance, and any conditions de2 scribed in subsection (c). 

3 ‘‘(iii) REDETERMINATION.—The Ad4 ministrator shall initiate a redetermination 

5 of whether the manufacturers and proc6 essors of a chemical substance distributed 

7 in commerce have established that the 

8 chemical substance meets the safety stand9 ard— 

10 ‘‘(I) if new information raises a 

11 credible question as to whether the 

12 chemical substance continues to meet 

13 the safety standard; 

14 ‘‘(II) on the receipt of a renewal 

15 submission under subparagraph 

16 (A)(ii); or 

17 ‘‘(III) after the 15-year period 

18 beginning on the date of the previous 

19 applicable determination of the Ad20 ministrator under this subparagraph, 

21 if a redetermination has not already 

22 been initiated subsequent to the deter23 mination. 

24 ‘‘(iv) PETITION FOR REDETERMINA25 TION.— 


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1 ‘‘(I) IN GENERAL.—Any person 

2 may petition the Administrator for a 

3 redetermination of whether a chemical 

4 substance continues to meet the appli5 cable safety standard. 

6 ‘‘(II) BASIS.—The person shall 

7 include in the petition a description of 

8 the basis for requesting the redeter9 mination. 

10 ‘‘(III) ACTION BY ADMINIS11 TRATOR.—On receipt of the petition, 

12 the Administrator shall— 

13 ‘‘(aa) not later than 30 days 

14 after the date of receipt, publish 

15 in the Federal Register a notice 

16 of receipt of the petition that 

17 specifies the chemical identity of 

18 the chemical substance to which 

19 the petition pertains; 

20 ‘‘(bb) make the petition 

21 available on request; 

22 ‘‘(cc) provide a reasonable 

23 opportunity for public review and 

24 comment on the petition and give 


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1 due consideration to any com2 ments received; 

3 ‘‘(dd) decide whether to 

4 make the requested redetermina5 tion; and 

6 ‘‘(ee) not later than 180 

7 days after the date of receipt, 

8 publish in the Federal Register 

9 the decision and the basis for the 

10 decision. 

11 ‘‘(3) RISK REDUCTION.— 

12 ‘‘(A) IN GENERAL.—Except as provided 

13 under subsection (e), the risk reduction meas14 ures described in this paragraph shall apply to 

15 a chemical substance in accordance with this 

16 paragraph. 

17 ‘‘(B) NEGATIVE SAFETY DETERMINA18 TION.—No person shall manufacture, process, 

19 or distribute in commerce a chemical substance, 

20 or any mixture or article containing a chemical 

21 substance, for— 

22 ‘‘(i) any new chemical substance for 

23 which notice is required under section 5(a), 

24 effective immediately after the Adminis25 trator makes a safety determination for a 


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1 chemical substance under paragraph 

2 (2)(B)(i) and does not determine that the 

3 manufacturer or processor has established 

4 that the chemical substance meets the ap5 plicable safety standard; or 

6 ‘‘(ii) any other chemical substance, ef7 fective 1 year after the Administrator 

8 makes a safety determination for a chem9 ical substance under paragraph (2)(B)(i) 

10 and does not determine that the chemical 

11 substance meets the applicable safety 

12 standard. 

13 ‘‘(C) POSITIVE SAFETY DETERMINA14 TION.—Effective beginning 1 year after the 

15 date the Administrator determines under para16 graph (2)(B)(i) that a chemical substance 

17 meets the safety standard or immediately after 

18 such a determination is made for a new chem19 ical substance for which notice is required 

20 under section 5(a), no person shall manufac21 ture, process, or distribute in commerce the 

22 chemical substance, or any mixture or article 

23 containing the chemical substance, for any use 

24 other than those specified in the determination 

25 established under paragraph (2)(B)(ii). 


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1 ‘‘(c) CONDITIONS IN SAFETY DETERMINATIONS.— 

2 The Administrator in a safety determination may impose 

3 conditions on the manufacture, processing, use, distribu4 tion in commerce, or disposal of a chemical substance, or 

5 mixture or article containing a chemical substance, in ac6 cordance with subsection (b)(2)(B)(ii)(II), including— 

7 ‘‘(1) a requirement limiting the quantity of the 

8 substance, mixture, or article that may be manufac9 tured, processed, or distributed in commerce: 

10 ‘‘(2) a requirement— 

11 ‘‘(A) prohibiting the manufacture, proc12 essing, or distribution in commerce of the sub13 stance, mixture, or article for a particular use 

14 in a concentration in excess of a level specified 

15 by the Administrator in conditions under sub16 section (b)(2)(B)(ii)(II); or 

17 ‘‘(B) limiting the quantity of the sub18 stance, mixture, or article that may be manu19 factured, processed, or distributed in commerce 

20 for— 

21 ‘‘(i) a particular use; or 

22 ‘‘(ii) a particular use in a concentra23 tion in excess of a level specified by the 

24 Administrator in conditions established 

25 under section 6(b)(2)(B)(ii)(II); 


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1 ‘‘(3) a requirement that the substance, mixture, 

2 or article be marked with or accompanied by clear 

3 and adequate warnings and instructions with respect 

4 to use, distribution in commerce, or disposal, or any 

5 combination of such activities, with the form and 

6 content of the warnings and instructions prescribed 

7 by the Administrator; 

8 ‘‘(4) a requirement that manufacturers and 

9 processors of the substance, mixture, or article— 

10 ‘‘(A) make and retain records of the proc11 esses used to manufacture or process the sub12 stance, mixture, or article; and 

13 ‘‘(B) monitor or conduct tests that are rea14 sonable and necessary to ensure compliance 

15 with this chapter; 

16 ‘‘(5) a requirement prohibiting or otherwise reg17 ulating any manner or method of commercial use of 

18 the substance, mixture, or article; 

19 ‘‘(6) a requirement prohibiting or otherwise reg20 ulating any manner or method of disposal of the 

21 substance, mixture, or article, by— 

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

23 substance, mixture, or article; or 


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1 ‘‘(B) any other person that uses, or dis2 poses of, the substance, mixture, or article for 

3 commercial purposes; and 

4 ‘‘(7) a requirement that the manufacturers and 

5 processors of the substance, mixture, or article de6 velop a risk reduction management plan to achieve 

7 a risk reduction specified by the Administrator. 

8 ‘‘(d) QUALITY CONTROL ORDERS.— 

9 ‘‘(1) IN GENERAL.—If the Administrator has a 

10 reasonable basis to conclude that a particular manu11 facturer or processor is manufacturing or processing 

12 a chemical substance or mixture in a manner that 

13 may present a substantial endangerment to health or 

14 the environment, the Administrator may by order re15 quire the manufacturer or processor to submit a de16 scription of the quality control procedures followed 

17 in the manufacturing or processing of the chemical 

18 substance or mixture. 

19 ‘‘(2) ORDERS.— 

20 ‘‘(A) IN GENERAL.—If the Administrator 

21 determines that quality control procedures de22 scribed in paragraph (1) are inadequate to pre23 vent the chemical substance or mixture from 

24 presenting a risk of injury, the Administrator 

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1 vise the quality control procedures to the extent 

2 necessary to remedy the inadequacy. 

3 ‘‘(B) SUBSTANTIAL ENDANGERMENT.—If 

4 the Administrator determines that quality con5 trol procedures described in paragraph (1) have 

6 resulted in the distribution in commerce of a 

7 chemical substance or mixture that may present 

8 a substantial endangerment to health or the en9 vironment, the Administrator may order the 

10 manufacturer or processor— 

11 ‘‘(i) to give notice of the 

12 endangerment to— 

13 ‘‘(I) processors or distributors (or 

14 both) in commerce of the substance or 

15 mixture; and 

16 ‘‘(II) to the extent reasonably as17 certainable, any other person in pos18 session of or exposed to the substance 

19 or mixture; 

20 ‘‘(ii) to give public notice of the 

21 endangerment; and 

22 ‘‘(iii) to provide for the replacement 

23 or repurchase, as prescribed by the Admin24 istrator, of the substance or mixture as is 


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1 necessary to adequately protect health or 

2 the environment. 

3 ‘‘(e) EXCEPTIONS TO RESTRICTIONS.— 

4 ‘‘(1) APPLICATION.—This subsection applies to 

5 the restrictions established under sections 4(a)(3), 

6 4(b)(3), 8(b)(6), 8(c)(3), and 29, and paragraphs 

7 (2)(A)(iv) and (3) of subsection (b). 

8 ‘‘(2) EXEMPTIONS.— 

9 ‘‘(A) IN GENERAL.— 

10 ‘‘(i) REQUEST.—The manufacturers 

11 and processors of a chemical substance 

12 may request an exemption from any re13 striction described in paragraph (1) for a 

14 specified use of the chemical substance. 

15 ‘‘(ii) ORDER.—The Administrator 

16 may by order grant an exemption from any 

17 restriction described in paragraph (1) for a 

18 period of not to exceed 5 years if the man19 ufacturers and processors of the chemical 

20 substance have established by clear and 

21 convincing evidence that the uses to be ex22 empted meet the exemption criteria de23 scribed in subparagraph (B). 


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1 ‘‘(B) CRITERIA.—The Administrator may 

2 grant an exemption for the use of a chemical 

3 substance under subparagraph (A)(ii) if— 

4 ‘‘(i) the exemption is in the para5 mount interest of national security; 

6 ‘‘(ii) the lack of availability of the 

7 chemical substance would cause significant 

8 disruption in the national economy; or 

9 ‘‘(iii) the use for which the exemption 

10 is sought is a critical or essential use— 

11 ‘‘(I) no feasible safer alternative 

12 for the specified use of the chemical 

13 substance is available; or 

14 ‘‘(II) the specified use of the 

15 chemical substance when compared to 

16 all available alternatives, provides ben17 efit to health, the environment, or 

18 public safety. 

19 ‘‘(C) PUBLIC NOTICE.—If the Adminis20 trator grants an exemption for a chemical sub21 stance under this paragraph— 

22 ‘‘(i) the manufacturers and processors 

23 of the chemical substance shall, for the ex24 empted use, provide notice of the exemp25 tion to— 


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1 ‘‘(I) each known purchaser of the 

2 chemical substance; and 

3 ‘‘(II) each known purchaser of a 

4 mixture or article containing the 

5 chemical substance; and 

6 ‘‘(ii) the Administrator shall provide 

7 the public with a notice of the exemption. 

8 ‘‘(D) RENEWAL.—The Administrator may 

9 by order renew an exemption under this para10 graph for 1 or more additional 5-year periods 

11 if the Administrator concludes, after providing 

12 public notice and an opportunity for comment, 

13 that the use of the chemical substance con14 tinues to meet the criteria described in subpara15 graph (B). 

16 ‘‘(E) CONDITIONS.— 

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

18 shall by order impose any condition on an 

19 exemption issued under this paragraph 

20 that the Administrator determines to be 

21 necessary to ensure the protection of 

22 human health and the environment on the 

23 use of a chemical substance exempted 

24 under this paragraph. 


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1 ‘‘(ii) COMPLIANCE.—Effective imme2 diately after the Administrator establishes 

3 conditions on exempted use under clause 

4 (i), the manufacturing, processing, or dis5 tribution in commerce of the chemical sub6 stance, or any mixture or article containing 

7 the chemical substance, shall be prohibited 

8 except to the extent that the conditions are 

9 satisfied. 

10 ‘‘(3) RESALE OF USED ARTICLES.—The restric11 tions described in paragraph (1) shall not apply to 

12 the resale of an article subject to a restriction under 

13 subsection (b) if the article has previously been used 

14 by an end consumer. 

15 ‘‘(4) EXTENSIONS OF EFFECTIVE DATES FOR

16 RETAIL SALE OF ARTICLES TO END CONSUMERS.— 

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

18 subparagraph (B), in the case of the retail sale 

19 to an end consumer of a chemical substance, 

20 mixture, or article that is subject to a restric21 tion described in paragraph (1), the Adminis22 trator may by order extend the effective date of 

23 the restriction by a period of not to exceed 3 

24 years, if the Administrator determines that the 

25 extension— 


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1 ‘‘(i) is necessary and appropriate to 

2 allow for depletion of the existing retail in3 ventory; and 

4 ‘‘(ii) will not present a substantial 

5 endangerment to human health or the en6 vironment. 

7 ‘‘(B) EXCEPTION.—An extension under 

8 subparagraph (A) shall not apply to any retailer 

9 that the Administrator determines has failed to 

10 comply with an order requesting information 

11 issued by the Administrator pursuant to section 

12 8. 

13 ‘‘(f) POLYCHLORINATED BIPHENYLS.— 

14 ‘‘(1) IN GENERAL.—The Administrator shall 

15 act by order or rule consistent with paragraphs (2) 

16 and (3)— 

17 ‘‘(A) to prescribe methods for the disposal 

18 of polychlorinated biphenyls; and 

19 ‘‘(B) to require polychlorinated biphenyls 

20 to be marked with clear and adequate warnings 

21 and instructions with respect to the processing, 

22 distribution in commerce, use, or disposal (or 

23 any combination of such activities) of poly24 chlorinated biphenyls. 


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1 ‘‘(2) MANUFACTURE, PROCESS, OR DISTRIBU2 TION IN TOTALLY ENCLOSED MANNER.— 

3 ‘‘(A) DEFINITION OF TOTALLY ENCLOSED

4 MANNER.—In this paragraph, the term ‘totally 

5 enclosed manner’ means any manner that will 

6 ensure that any exposure of human beings or 

7 the environment to the polychlorinated biphenyl 

8 will be insignificant, as determined by the Ad9 ministrator by order or rule. 

10 ‘‘(B) PROHIBITION.—Except as provided 

11 in subparagraph (C), no person may manufac12 ture, process, distribute in commerce, or use 

13 any polychlorinated biphenyl in any manner 

14 other than in a totally enclosed manner. 

15 ‘‘(C) ALTERNATIVE MANNER.—The Ad16 ministrator may by order or rule authorize the 

17 manufacture, processing, distribution in com18 merce, or use (or any combination of such ac19 tivities) of any polychlorinated biphenyl in a 

20 manner other than in a totally enclosed manner 

21 if the Administrator finds that the manufac22 ture, processing, distribution in commerce, or 

23 use (or combination of such activities) will not 

24 present a substantial endangerment to health or 

25 the environment. 


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1 ‘‘(3) PROHIBITION ON MANUFACTURE, PROC2 ESS, OR DISTRIBUTION.— 

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

4 subparagraphs (B), (C), and (D)— 

5 ‘‘(i) no person may manufacture any 

6 polychlorinated biphenyl; and 

7 ‘‘(ii) no person may process or dis8 tribute in commerce any polychlorinated 

9 biphenyl. 

10 ‘‘(B) EXEMPTIONS.— 

11 ‘‘(i) IN GENERAL.—Any person may 

12 petition the Administrator for an exemp13 tion from the requirements of subpara14 graph (A), and the Administrator may 

15 grant by rule the exemption, if the Admin16 istrator finds that— 

17 ‘‘(I) a substantial endangerment 

18 to health or environment would not 

19 result; and 

20 ‘‘(II) good faith efforts have been 

21 made to develop a chemical substance 

22 that meets the safety standard and 

23 that may be substituted for such poly24 chlorinated biphenyl. 


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1 ‘‘(ii) ADMINISTRATION.—An exemp2 tion granted under this subparagraph shall 

3 be— 

4 ‘‘(I) subject to such terms and 

5 conditions as the Administrator may 

6 prescribe; and 

7 ‘‘(II) be in effect for such period 

8 (but not more than 1 year from the 

9 date it is granted, except as provided 

10 in subparagraph (D)) as the Adminis11 trator may prescribe. 

12 ‘‘(C) PRIOR SALES.—Subparagraph (A) 

13 shall not apply to the distribution in commerce 

14 of any polychlorinated biphenyl if the poly15 chlorinated biphenyl was sold for purposes other 

than resale before the expiration of the 21 16 ⁄2-pe17 riod beginning on October 11, 1976. 

18 ‘‘(D) EXTENSION OF EXEMPTIONS.— 

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

20 may by order or rule extend an exemption 

21 granted under subparagraph (B) that has 

22 not yet expired for a period of not to ex23 ceed 60 days for the purpose of author24 izing the Secretary of Defense and the Sec25 retaries of the military departments to proVerDate Nov 24 2008 02:28 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 vide for the transportation into the cus2 toms territory of the United States of poly3 chlorinated biphenyls generated by or 

4 under the control of the Department of 

5 Defense for purposes of the disposal, treat6 ment, or storage of the polychlorinated 

7 biphenyls in the customs territory of the 

8 United States if the polychlorinated 

9 biphenyls are already in transit from stor10 age locations but the Administrator deter11 mines, in the sole discretion of the Admin12 istrator, the polychlorinated biphenyls 

13 would not otherwise arrive in the customs 

14 territory of the United States within the 

15 period of the original exemption. 

16 ‘‘(ii) NOTICE.—The Administrator 

17 shall promptly publish in the Federal Reg18 ister notice of the extension. 

19 ‘‘(g) MERCURY.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), no Federal agency shall convey, sell, or 

22 distribute to any other Federal agency, any State or 

23 local government agency, or any private individual or 

24 entity any elemental mercury under the control or 

25 jurisdiction of the Federal agency. 


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1 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

2 apply to— 

3 ‘‘(A) a transfer between Federal agencies 

4 of elemental mercury for the sole purpose of fa5 cilitating storage of mercury to carry out this 

6 chapter; or 

7 ‘‘(B) a conveyance, sale, distribution, or 

8 transfer of coal. 

9 ‘‘(3) LEASES OF FEDERAL COAL.—Nothing in 

10 this subsection prohibits the leasing of coal. 

11 ‘‘(h) CERTIFICATION.—Each submission required 

12 pursuant to this section or pursuant to a rule or an order 

13 promulgated or issued by the Administrator under this 

14 section shall be accompanied by a certification signed by 

15 a responsible official of the manufacturer or processor that 

16 each statement contained in the submission— 

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

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

19 possession or control of, or reasonably ascertainable 

20 by the manufacturer or processor. 

21 ‘‘(i) EFFECTIVE DATE.—In any rule or order under 

22 this section, the Administrator shall specify the date on 

23 which the rule or order shall take effect, which date shall 

24 be as soon as feasible.’’. 


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1 SEC. 8. IMMINENT HAZARDS. 

2 Section 7 of the Toxic Substances Control Act (15 

3 U.S.C. 2606) is amended to read as follows: 

4 ‘‘SEC. 7. IMMINENT HAZARDS. 

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

6 ‘‘(1) IN GENERAL.—The Administrator may 

7 commence a civil action in an appropriate district 

8 court of the United States for— 

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

10 mixture, or any article containing a chemical 

11 substance or mixture, that may present an im12 minent and substantial endangerment to health 

13 or the environment; 

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

15 (b)) against any person that manufactures, 

16 processes, distributes in commerce, uses, or dis17 poses of a chemical substance or mixture, or 

18 any article containing a chemical substance or 

19 mixture, if the manufacture, processing, dis20 tribution in commerce, use, or disposal may 

21 present an imminent and substantial 

22 endangerment to health or the environment, or 

23 any person that contributes to the activities; or 

24 ‘‘(C) both seizure and relief described in 

25 subparagraphs (A) and (B), respectively. 

26 ‘‘(2) OTHER ACTIONS.— 


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

2 may issue such orders as may be necessary to 

3 protect health or the environment from any 

4 manufacturing, processing, distribution in com5 merce, use, or disposal of a chemical substance 

6 or mixture or any article containing such a sub7 stance or mixture that may present an immi8 nent and substantial endangerment to health or 

9 the environment. 

10 ‘‘(B) REQUIREMENT.—An order under 

11 subparagraph (A) may include any require12 ments imposed on the manufacture, processing, 

13 distribution in commerce, use, or disposal of a 

14 chemical substance or mixture, or article con15 taining the chemical substance or mixture, as 

16 the Administrator determines is necessary to 

17 protect health or the environment, including the 

18 requirements described in section 6(c) and the 

19 relief authorized under subsection (b). 

20 ‘‘(3) RELATIONSHIP TO EXISTING RULES, OR21 DERS, AND PROCEEDINGS.—A civil action may be 

22 commenced, under paragraph (1), or other action 

23 taken under paragraph (2), notwithstanding— 

24 ‘‘(A) the existence of a rule or order under 

25 this chapter; and 


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1 ‘‘(B) the pendency of any administrative or 

2 judicial proceeding under this chapter. 

3 ‘‘(b) RELIEF AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—The district court of the 

5 United States in which an action under subsection 

6 (a)(1) is brought shall have jurisdiction to grant 

7 such temporary or permanent relief as may be nec8 essary to protect health or the environment from the 

9 risk associated with the activity involved in the ac10 tion. 

11 ‘‘(2) TYPES OF RELIEF.—In the case of an ac12 tion under subsection (a)(1) brought against a per13 son that manufactures, processes, distributes in 

14 commerce, uses, or disposes of a chemical substance 

15 or mixture or an article containing a chemical sub16 stance or mixture, the relief authorized by para17 graph (1) may include— 

18 ‘‘(A) the issuance of a mandatory order 

19 imposing any of the requirements described in 

20 section 6(c); and 

21 ‘‘(B) in the case of purchasers of the sub22 stance, mixture, or article known to the defend23 ant— 


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1 ‘‘(i) notification to the purchasers of 

2 the risk associated with the substance, 

3 mixture, or article; 

4 ‘‘(ii) public notice of the risk; 

5 ‘‘(iii) recall; 

6 ‘‘(iv) the replacement or repurchase of 

7 the substance, mixture, or article; or 

8 ‘‘(v) any combination of the actions 

9 described in clauses (i) through (iv) or sec10 tion 6(c); or 

11 ‘‘(C) any other relief as may be necessary 

12 to protect health or the environment from the 

13 risk involved in the action. 

14 ‘‘(3) SEIZURE AND CONDEMNATION.—An action 

15 under subsection (a)(1) against a chemical sub16 stance, mixture, or article may be proceeded against 

17 by process of libel for its seizure and condemnation. 

18 Proceedings in such an action described in this sub19 paragraph shall conform as nearly as possible to 

20 proceedings in rem in admiralty. 

21 ‘‘(c) VENUE AND CONSOLIDATION.— 

22 ‘‘(1) VENUE.— 

23 ‘‘(A) IN GENERAL.—An action under sub24 section (a)(1) against a person that manufac25 tures, processes, or distributes a chemical subVerDate Nov 24 2008 02:28 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 stance or mixture or an article containing a 

2 chemical substance or mixture may be brought 

3 in the United States District Court for the Dis4 trict of Columbia, or for any judicial district in 

5 which any of the defendants is found, resides, 

6 or transacts business. 

7 ‘‘(B) PROCESS.—Process in an action de8 scribed in subparagraph (A) may be served on 

9 a defendant in any other district in which the 

10 defendant resides or may be found. 

11 ‘‘(C) CHEMICAL SUBSTANCES, MIXTURES, 

12 OR ARTICLES.—An action under subsection 

13 (a)(1) against a chemical substance, mixture, or 

14 article may be brought in any United States 

15 district court within the jurisdiction of which 

16 the chemical substance, mixture, or article is 

17 found. 

18 ‘‘(D) MULTIPLE JUDICIAL DISTRICTS.—In 

19 determining the judicial district in which an ac20 tion may be brought under subsection (a)(1) in 

21 instances in which the action may be brought in 

22 more than 1 judicial district, the Administrator 

23 shall take into account the convenience of the 

24 parties. 


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1 ‘‘(E) SUBPOENAS.—Subpoenas requiring 

2 attendance of witnesses in an action brought 

3 under subsection (a)(1) may be served in any 

4 judicial district. 

5 ‘‘(2) CONSOLIDATION.—If proceedings under 

6 subsection (a)(1) involving identical chemical sub7 stances, mixtures, or articles are pending in courts 

8 in 2 or more judicial districts, the proceedings shall 

9 be consolidated for trial by order of any such court 

10 on application reasonably made by any party in in11 terest, on notice to all parties in interest.’’. 

12 SEC. 9. REPORTING AND RETENTION OF INFORMATION. 

13 Section 8 of the Toxic Substances Control Act (15 

14 U.S.C. 2607) is amended to read as follows: 

15 ‘‘SEC. 8. REPORTING AND RETENTION OF INFORMATION. 

16 ‘‘(a) SUBSTANCE IDENTIFICATION, DECLARATION, 

17 AND INFORMATION.— 

18 ‘‘(1) IN GENERAL.—Not later than 1 year after 

19 the date of enactment of the Safe Chemicals Act of 

20 2010, each manufacturer or processor of a chemical 

21 substance distributed in commerce shall submit to 

22 the Administrator the declaration described in para23 graph (2) or (3), accompanied by the certification 

24 described in subsection (i). 


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1 ‘‘(2) DECLARATION OF CURRENT MANUFAC2 TURE OR PROCESSING.—A declaration described in 

3 this paragraph is a statement that includes, for each 

4 chemical substance manufactured or processed by a 

5 manufacturer or processor— 

6 ‘‘(A) the chemical identity and any special 

7 substance characteristics of the chemical sub8 stance; 

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

10 under the control of the manufacturer or proc11 essor at which the chemical substance is manu12 factured or processed or from which the chem13 ical substance is distributed in commerce; 

14 ‘‘(C) a list of health and safety studies 

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

16 reasonably ascertainable by the manufacturer 

17 or processor with respect to the chemical sub18 stance, and copies of any such studies that have 

19 not previously been submitted to the Adminis20 trator; and 

21 ‘‘(D) all other information known to, in the 

22 possession or control of, or reasonably ascer23 tainable by the manufacturer or processor that 

24 has not previously been submitted to the Ad25 ministrator regarding— 


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1 ‘‘(i) the physical, chemical, and toxi2 cological properties of the chemical sub3 stance; 

4 ‘‘(ii) the annual production volume 

5 and known uses of, and exposure and fate 

6 information relating to, the chemical sub7 stance; and 

8 ‘‘(iii) the name and location of each 

9 facility to which the chemical substance is 

10 sent, after manufacture and processing, for 

11 subsequent processing, distribution, or use. 

12 ‘‘(3) DECLARATION OF CESSATION OF MANU13 FACTURING OR PROCESSING.—A declaration de14 scribed in this paragraph is a statement certifying 

15 that the manufacturer or processor has ceased, or 

16 will cease not later than 180 days after the date of 

17 submission of the declaration, all production, impor18 tation, processing, and export of the chemical sub19 stance. 

20 ‘‘(4) UPDATING OF INFORMATION.—Each man21 ufacturer or processor of a chemical substance that 

22 submits to the Administrator a declaration described 

23 in paragraph (2) shall update and submit to the Ad24 ministrator a new declaration— 

25 ‘‘(A) at a minimum every 3 years; and 


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1 ‘‘(B) immediately, at any time at which 

2 there becomes known or available to, in the pos3 session or control of, or reasonably ascertain4 able by the manufacturer or processor signifi5 cant new information regarding a physical, 

6 chemical, toxicological property or use of, or ex7 posure to, the chemical substance, including 

8 any information that— 

9 ‘‘(i) demonstrates a new potential 

10 toxic effect of the chemical substance; 

11 ‘‘(ii) corroborates previous informa12 tion demonstrating or suggesting a toxic 

13 effect; or 

14 ‘‘(iii) suggests a toxic effect at a lower 

15 dose than previously demonstrated. 

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

17 Each manufacturer or processor of a chemical sub18 stance distributed in commerce shall maintain 

19 records of the information described in subpara20 graphs (A) through (D) of paragraph (2). 

21 ‘‘(6) PROHIBITION ON MANUFACTURING, PROC22 ESSING, OR DISTRIBUTION.—The Administrator 

23 may, by order, prohibit a manufacturer or processor 

24 in violation of this subsection from manufacturing, 

25 processing, or distributing in commerce the chemical 


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1 substance or any article containing the chemical sub2 stance, except as authorized under section 6(e). 

3 ‘‘(b) REPORTS.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) Except as provided in paragraph (2), 

6 the Administrator may by rule or order require 

7 any person who manufactures, processes, dis8 tributes in commerce, uses, or disposes of a 

9 chemical substance, mixture, or article to main10 tain records of and report by a specified date 

11 any information concerning the substance, mix12 ture, or article that, in the judgment of the Ad13 ministrator, would assist the Administrator 

14 in— 

15 ‘‘(i) making a safety determination 

16 with respect to a chemical substance under 

17 this subchapter; or 

18 ‘‘(ii) any other aspect of administering 

19 this chapter. 

20 ‘‘(B) The Administrator may by rule or 

21 order require that any report or information 

22 submitted pursuant to this chapter include 

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1 stance or mixture that is the subject of the re2 port or information. 

3 ‘‘(C) The Administrator shall by rule or 

4 order further specify or modify the information 

5 that must be submitted with a particular report 

6 or information submission to establish the 

7 chemical identity and special substance charac8 teristics of the subject chemical substance or 

9 mixture for the purposes of such report or in10 formation submission . 

11 ‘‘(2) SMALL QUANTITIES FOR RESEARCH OR

12 ANALYSIS.—In the case of the manufacture, proc13 essing, distribution in commerce, use, or disposal of 

14 a chemical substance in small quantities (as defined 

15 by the Administrator by rule) solely for purposes of 

16 scientific experimentation or analysis or chemical re17 search (including any such research or analysis for 

18 the development of a product), the Administrator 

19 may issue a rule or order under paragraph (1) only 

20 to the extent the Administrator determines the 

21 maintenance of records or submission of reports, or 

22 both, is necessary for the effective enforcement of 

23 this chapter. 

24 ‘‘(3) PROHIBITION ON MANUFACTURING, PROC25 ESSING, OR DISTRIBUTION.—The Administrator 


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1 may, by order, prohibit a manufacturer or processor 

2 in violation of a requirement of a rule or order 

3 under paragraph (1) from manufacturing, proc4 essing, or distributing in commerce the chemical 

5 substance or any article containing the chemical sub6 stance, except as authorized under subsection 6(e). 

7 ‘‘(c) INVENTORY AND CATEGORIZATION.— 

8 ‘‘(1) IN GENERAL.—The Administrator shall 

9 compile, keep current, and publish a list of each 

10 chemical substance that is manufactured or proc11 essed in the United States. 

12 ‘‘(2) CONTENTS.—The list shall at least include 

13 the name of each chemical substance that any per14 son reports, under section 5 or subsection (b), is 

15 manufactured or processed in the United States. 

16 ‘‘(3) TIMING.— 

17 ‘‘(A) IN GENERAL.—In the case of a chem18 ical substance for which a notice is submitted in 

19 accordance with section 5, the chemical sub20 stance shall be included on the list as of the 

21 earliest date (as determined by the Adminis22 trator) on which the substance was manufac23 tured or processed in the United States. 

24 ‘‘(B) PUBLICATION.—The Administrator 

25 shall first publish a list under subparagraph (A) 


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1 not later than 18 months after the effective 

2 date of this Act. 

3 ‘‘(4) SMALL QUANTITIES FOR RESEARCH OR

4 ANALYSIS.—The Administrator shall not include in 

5 the list any chemical substance that is manufactured 

6 or processed only in small quantities (as defined by 

7 the Administrator by rule) solely for purposes of sci8 entific experimentation or analysis or chemical re9 search on, or analysis of, the substance or another 

10 substance, including such research or analysis for 

11 the development of a product. 

12 ‘‘(5) CATEGORIZATION.—Not later than 5 years 

13 after the date of enactment of the Safe Chemicals 

14 Act of 2010 and from time to time thereafter, the 

15 Administrator shall publish in the Federal Register 

16 a list of all chemical substances distributed in com17 merce that categorizes the chemical substances, 

18 based on existing information available to the Ad19 ministrator, into categories based on known health 

20 or environmental effects, exposure, insufficient data, 

21 or other category that the Administrator considers 

22 appropriate. 

23 ‘‘(d) PUBLIC ACCESS TO SIGNIFICANT INFORMA24 TION.— 


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1 ‘‘(1) ELECTRONIC DATABASE.—Not later than 

2 1 year after the date of enactment of Safe Chemicals 

3 Act of 2010, the Administrator, through collabora4 tion as appropriate, shall establish— 

5 ‘‘(A) an electronic, Internet-accessible 

6 database for storing and sharing of information 

7 relating to the toxicity and use of, and exposure 

8 to, chemical substances; and 

9 ‘‘(B) procedures for use in maintaining 

10 and updating the database. 

11 ‘‘(2) PUBLIC ACCESS.—Not later than 18 

12 months after the date of enactment of the Safe 

13 Chemicals Act of 2010 or not later than 90 days 

14 after the date of decisions made by the Adminis15 trator or receipt by the Administrator of information 

16 submitted pursuant to this subchapter, the Adminis17 trator shall, subject to section 14, make available to 

18 the public via the Internet-accessible database de19 scribed in paragraph (1) a description of all signifi20 cant decisions made by the Administrator under this 

21 subchapter or significant information submitted pur22 suant to this subchapter. 

23 ‘‘(e) RECORDS.— 

24 ‘‘(1) IN GENERAL.—Any person that manufac25 tures, processes, or distributes in commerce any 


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1 chemical substance or mixture shall maintain and 

2 submit to the Administrator records of significant 

3 adverse reactions to health or the environment, as 

4 determined by the Administrator by rule, alleged to 

5 have been caused by the substance or mixture. 

6 ‘‘(2) DURATION.— 

7 ‘‘(A) IN GENERAL.—Records of the ad8 verse reactions to the health of employees shall 

9 be retained for a period of 30 years after the 

10 date the reactions were first reported to or 

11 known by the person maintaining the records. 

12 ‘‘(B) OTHER RECORDS.—Any other record 

13 of the adverse reactions shall be retained for a 

14 period of 5 years after the date the information 

15 contained in the record was first reported to or 

16 known by the person maintaining the record. 

17 ‘‘(3) CONTENTS.—Records required to be main18 tained under this subsection shall include— 

19 ‘‘(A) records of consumer allegations of 

20 personal injury or harm to health; 

21 ‘‘(B) reports of occupational disease or in22 jury; and 

23 ‘‘(C) reports or complaints of injury to the 

24 environment submitted to the manufacturer, 


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1 processor, or distributor in commerce from any 

2 source. 

3 ‘‘(f) INFORMATION IN THE POSSESSION OF OTHER

4 FEDERAL AGENCIES.— 

5 ‘‘(1) SYNOPSES.— 

6 ‘‘(A) IN GENERAL.—From time to time, 

7 each Federal agency and Federal institution 

8 shall submit to the Administrator a synopsis of 

9 the data and records in the possession or con10 trol of the agency and institution, respectively, 

11 that may be useful to the Administrator in car12 rying out this chapter. 

13 ‘‘(B) FORMAT AND CONTENT.—Not later 

14 than 1 year after the date of enactment of the 

15 Safe Chemicals Act of 2010, the Administrator 

16 shall prescribe, by order, the format, content, 

17 and level of detail of the synopses. 

18 ‘‘(C) INITIAL SUBMISSION.—Not later than 

19 18 months after the date of enactment of the 

20 Safe Chemicals Act of 2010, each Federal agen21 cy and Federal institution shall make the initial 

22 submission of a synopsis of the agency and in23 stitution, respectively, to the Administrator. 


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1 ‘‘(D) UPDATES.—At least once every 3 

2 years, each Federal agency and Federal institu3 tion shall— 

4 ‘‘(i) update and keep current the syn5 opsis of the agency and institution, respec6 tively; and 

7 ‘‘(ii) submit the updated synopsis to 

8 the Administrator. 

9 ‘‘(2) REQUESTS BY ADMINISTRATOR.—On the 

10 request of the Administrator, any information in the 

11 possession or control of an agency or institution re12 lating to a hazard of, use of, exposure to, or risk of, 

13 a chemical substance or mixture shall be provided to 

14 the Administrator. 

15 ‘‘(g) NOTICE TO ADMINISTRATOR OF SUBSTANTIAL

16 RISKS.—Any person that manufactures, processes, or dis17 tributes in commerce a chemical substance or mixture and 

18 that obtains information that reasonably supports the con19 clusion that the substance or mixture presents a substan20 tial risk of injury to health or the environment shall imme21 diately inform the Administrator of the information unless 

22 the person has actual knowledge that the Administrator 

23 has been adequately informed of the information. 

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

25 pursuant to this section or pursuant to a rule or an order 


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1 promulgated or issued by the Administrator under this 

2 section, other than a submission under subsection (f), 

3 shall be accompanied by a certification signed by a respon4 sible official of the manufacturer or processor that each 

5 statement contained 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 ‘‘(i) DEFINITION OF MANUFACTURE AND PROC11 ESS.—In this section, the terms ‘manufacture’ and ‘proc12 ess’ mean manufacture and process, respectively, for com13 mercial purposes.’’. 

14 SEC. 10. RELATIONSHIP TO OTHER FEDERAL LAWS. 

15 Section 9 of the Toxic Substances Control Act (15 

16 U.S.C. 2608) is amended— 

17 (1) in subsection (a)— 

18 (A) by amending paragraph (1) to read as 

19 follows: 

20 ‘‘(1) If the Administrator determines that the 

21 manufacture, processing, distribution in commerce, 

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

23 or that any combination of such activities either does 

24 not meet the safety standard under this subchapter, 

25 or requires conditions or restrictions in order to the 


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1 meet the safety standard, and the Administrator de2 termines that action may be taken under a Federal 

3 law not administered by the Administrator to ad4 dress the uses of, or aggregate and cumulative expo5 sure to, such chemical substance or mixture, the Ad6 ministrator shall submit to the agency which admin7 isters such law a report that describes with specifica8 tion the activity or combination of activities that 

9 prevent the chemical substance or mixture from 

10 meeting the safety standard or restrictions or condi11 tions required to meet the safety standard under 

12 this subchapter. Such report shall also request that 

13 such agency— 

14 ‘‘(A) determine if the action or actions 

15 may be taken under such law (or laws) adminis16 tered by such agency; 

17 ‘‘(B) if the agency determines under sub18 paragraph (A) that such action or actions may 

19 be taken, initiate such action or actions and 

20 provide a timetable for such action or actions; 

21 and 

22 ‘‘(C) respond to the Administrator with re23 spect to the matters described in the report. 

24 Any report of the Administrator shall include a de25 tailed statement of the information on which it is 


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1 based and shall be promptly published in the Fed2 eral Register. The agency receiving a request under 

3 such a report shall make the requested determina4 tion, take the action or actions necessary to ensure 

5 that the chemical substance or mixture meets the 

6 safety standard under this subchapter, if appro7 priate, and respond to the Administrator’s request 

8 within such time as the Administrator specifies in 

9 the request, but such time specified may not be less 

10 than 90 days from the date the request was made. 

11 The response of an agency shall be accompanied by 

12 a detailed statement of the findings and conclusions 

13 of the agency and shall be promptly published in the 

14 Federal Register.’’; 

15 (B) by amending paragraph (2) to read as 

16 follows: 

17 ‘‘(2) If the Administrator submits a report 

18 under paragraph (1) with respect to a chemical sub19 stance or mixture and the agency to which such re20 port was made initiates, within such time specified 

21 in the request under paragraph (1), action or actions 

22 under the law (or laws) administered by such agency 

23 to ensure that a chemical substance or mixture in24 cluding an restrictions or conditions meets the safety 

25 standard under this subchapter, the Administrator 


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1 may not take action under this chapter with respect 

2 to that action or actions except that the Adminis3 trator may take actions pursuant to section 7 of this 

4 subchapter.’’; 

5 (C) by redesignating paragraph (3) as 

6 paragraph (4); 

7 (D) by inserting after paragraph (2) the 

8 following new paragraph: 

9 ‘‘(3) If the Administrator submits a report 

10 under paragraph (1) with respect to a chemical sub11 stance or mixture and the agency to which such re12 port was submitted either— 

13 ‘‘(A) determines that action cannot be 

14 taken under the authorities of the agency; 

15 ‘‘(B) does not initiate action, if appro16 priate, within such time specified in the request 

17 under paragraph (1); 

18 ‘‘(C) does not complete the action within 

19 the timeframe provided by such agency; or 

20 ‘‘(D) fails to respond, 

21 the Administrator may, by order, initiate action or 

22 a combination of actions under this chapter to en23 sure compliance with the safety standard for the 

24 chemical substance or mixture under this sub25 chapter.’’; and 


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

2 subparagraph (C) of this paragraph— 

3 (i) by striking ‘‘section 6 or 7’’ and 

4 inserting ‘‘this chapter’’; and 

5 (ii) by striking ‘‘against such risk’’ 

6 after ‘‘Federal action’’; 

7 (2) in subsection (c), by inserting at the end 

8 the following: ‘‘In exercising any authority under 

9 this title, the Administrator shall ensure that any 

10 actions to address workplace exposures that the Ad11 ministrator takes or requires be taken by manufac12 turers or processors of a chemical substance or mix13 ture are consistent with the industrial hygiene hier14 archy of controls.’’; and 

15 (3) in subsection (d)— 

16 (A) by striking ‘‘while imposing the least 

17 burdens of duplicative requirements on those 

18 subject to the Act and for other purposes’’; and 

19 (B) by striking ‘‘, in the report required by 

20 section 30,’’. 

21 SEC. 11. INSPECTIONS AND SUBPOENAS. 

22 Section 11 of the Toxic Substances Control Act (15 

23 U.S.C. 2610) is amended to read as follows: 


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1 ‘‘SEC. 11. INSPECTIONS AND SUBPOENAS. 

2 ‘‘(a) IN GENERAL.—For purposes of administering 

3 this chapter, the Administrator, and any duly designated 

4 representative of the Administrator, may inspect any es5 tablishment, facility, or other premises in which chemical 

6 substances, mixtures or articles subject to this chapter are 

7 manufactured, processed, stored, or held before or after 

8 their distribution in commerce; any conveyance being used 

9 to transport such chemical substances, mixtures, or arti10 cles in connection with distribution in commerce; and any 

11 place where records relating to such chemical substances, 

12 mixtures, or articles, or otherwise relating to compliance 

13 with this chapter, are held. Each such inspection shall be 

14 commenced and completed with reasonable promptness 

15 and shall be conducted at reasonable times, within reason16 able limits, and in a reasonable manner. The Adminis17 trator, and any duly designated representative of the Ad18 ministrator, may also inspect and obtain samples of any 

19 such chemical substances, mixtures, or articles, and any 

20 containers or labeling of such chemical substances, mix21 tures, or articles. 

22 ‘‘(b) SCOPE.—Except as provided in paragraph (2), 

23 an inspection conducted under subsection (a) of this sec24 tion shall extend to all things within the premises or con25 veyance inspected (including records, files, papers, proc26 esses, controls, and facilities) bearing on whether the reVerDate Nov 24 2008 02:28 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 quirements of this chapter applicable to the chemical sub2 stances, mixtures, articles or records subject to this chap3 ter have been complied with. 

4 ‘‘(c) INFORMATION GATHERING.—In carrying out 

5 this chapter, the Administrator may require the attend6 ance and testimony of witnesses and the production of 

7 such reports, papers, documents, items, answers to ques8 tions, and other information, including the development of 

9 analyses and other information, that the Administrator 

10 deems necessary. Witnesses shall be paid the same fees 

11 and mileage that are paid witnesses in the courts of the 

12 United States. 

13 ‘‘(d) WARRANTS.—For purposes of enforcing the pro14 visions of this chapter and upon a showing to an officer 

15 or court of competent jurisdiction that there is reason to 

16 believe that the provisions of this chapter have been vio17 lated, officers or employees duly designated by the Admin18 istrator are empowered to obtain and to execute warrants 

19 authorizing— 

20 ‘‘(1) entry, inspection, and copying of records 

21 for purposes of this chapter; and 

22 ‘‘(2) the seizure of any chemical substance, mix23 ture or article which is in violation of this chapter.’’. 


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1 SEC. 12. EXPORTS. 

2 Section 12 of the Toxic Substances Control Act (15 

3 U.S.C. 2611) is amended— 

4 (1) by striking subsection (a); 

5 (2) by redesignating subsections (b) and (c) as 

6 subsections (a) and (b), respectively; 

7 (3) in subsection (a), as redesignated by para8 graph (2) of this section— 

9 (A) in paragraph (1)— 

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

11 (ii) by striking ‘‘section 4 or 5(b)’’ 

12 and inserting ‘‘section 5 or 6(b)’’; 

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

14 and inserting ‘‘not later than 30 days after 

15 the date of exportation of the substance or 

16 mixture’’; and 

17 (iv) by inserting ‘‘promptly there18 after’’ before ‘‘furnish’’; 

19 (B) in paragraph (2)— 

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

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

22 issued under section 5 or a rule has been 

23 proposed or promulgated under section 5 

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

25 pending or relief has been granted under 

26 section 5 or 7’’ and inserting ‘‘an action 


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1 has been taken pursuant to section 6 or 

2 section 7’’; 

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’’; 

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

9 (v) by striking ‘‘such rule, order, ac10 tion, or relief’’ and inserting ‘‘such action 

11 taken pursuant to section 6 or section 7’’; 

12 and 

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

14 paragraph: 

15 ‘‘(3)(A) Any person that has notified the Ad16 ministrator of the exportation of a chemical sub17 stance or mixture under this section shall notify the 

18 Administrator of any change in the export status of 

19 the substance or mixture not later than 30 days 

20 after such a change in status. 

21 ‘‘(B) The Administrator shall promptly furnish 

22 an updated notice to the governments that have been 

23 notified pursuant to paragraphs (1) and (2) regard24 ing the exportation of any chemical substance or 

25 mixture subject to this section if— 


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1 ‘‘(i) data for such substance or mixture 

2 have been received by the Administrator pursu3 ant to section 4, 6(b), or 8; 

4 ‘‘(ii) a change has occurred in the export 

5 status of such substance or mixture; or 

6 ‘‘(iii) a change has been made in any risk 

7 management action taken pursuant to section 6 

8 or 7 for such substance or mixture.’’; 

9 (4) in subsection (b), as redesignated by para10 graph (2) of this section— 

11 (A) by striking paragraph (2); and 

12 (B) by redesignating paragraphs (3), (4), 

13 (5), and (6) as paragraphs (2), (3), (4), and 

14 (5), respectively; and 

15 (5) by adding at the end the following new sub16 section: 

17 ‘‘(c) PUBLIC RECORDS.—The Administrator shall— 

18 ‘‘(1) maintain copies of all current notices pro19 vided to other governments under this section; and 

20 ‘‘(2) make such copies available to the public in 

21 electronic format.’’. 

22 SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE 

23 UNITED STATES. 

24 Section 13 of the Toxic Substances Control Act (15 

25 U.S.C. 2612) is amended— 


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1 (1) by striking ‘‘Secretary of the Treasury’’ 

2 each place it appears and inserting ‘‘Secretary of 

3 Homeland Security’’; and 

4 (2) in subsection (a)(1), by striking the em 

5 dash and subparagraphs (A) and (B) and inserting 

6 ‘‘the substance, mixture, or article fails to comply 

7 with or is offered for entry in violation of any rule 

8 or order in effect under this chapter.’’. 

9 SEC. 14. DISCLOSURE OF DATA. 

10 Section 14 of the Toxic Substances Control Act (15 

11 U.S.C. 2613) is amended— 

12 (1) by redesignating subsections (a) through (e) 

13 as subsections (c) through (g), respectively; 

14 (2) by inserting before subsection (c), as redes15 ignated by paragraph (1) of this section, the fol16 lowing new subsections: 

17 ‘‘(a) AGENCY RESPONSIBILITIES.—The Adminis18 trator shall ensure that— 

19 ‘‘(1) information control designations under this 

20 section are not a determinant of public disclosure 

21 pursuant to section 552 of title 5, United States 

22 Code (commonly referred to as the ‘Freedom of In23 formation Act’); and 

24 ‘‘(2) all information in the agency’s possession 

25 that is releasable pursuant to an appropriate request 


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1 under section 552 of title 5, United States Code 

2 (commonly referred to as the ‘Freedom of Informa3 tion Act’), is made available to members of the pub4 lic. 

5 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to prevent or discourage the Ad7 ministrator from voluntarily releasing to the public any 

8 unclassified information that is not exempt from disclo9 sure under section 552 of title 5, United States Code 

10 (commonly referred to as the ‘Freedom of Information 

11 Act’).’’; 

12 (3) in subsection (c), as redesignated by para13 graph (1) of this subsection— 

14 (A) by striking ‘‘subsection (b)’’ and in15 serting ‘‘subsection (d)’’; 

16 (B) by redesignating paragraphs (3) and 

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

18 (C) by adding after paragraph (2) the fol19 lowing new paragraph: 

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

21 tribal, or municipal government, including identifica22 tion of the location of the manufacture, processing, 

23 or storage of a chemical substance upon the request 

24 of the government— 


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1 ‘‘(A) for the purpose of administration or 

2 enforcement of a law; and 

3 ‘‘(B) in accordance with any applicable 

4 agreements that ensure that the recipient gov5 ernment takes appropriate steps to maintain 

6 the confidentiality of the information in accord7 ance with this section and section 350.27 of 

8 title 40, Code of Federal Regulations or any 

9 successor to such regulation;’’; and 

10 (D) in paragraph (4), as redesignated by 

11 subparagraph (B) of this paragraph, by striking 

12 ‘‘an unreasonable risk of injury’’ and inserting 

13 ‘‘an imminent and substantial endangerment’’; 

14 (4) in subsection (d), as redesignated by para15 graph (1) of this section— 

16 (A) in the subsection heading, by striking 

17 ‘‘DATA FROM HEALTH AND SAFETY STUDIES’’ 

18 and inserting ‘‘INFORMATION NOT ELIGIBLE

19 FOR PROTECTION’’; 

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

21 follows: 

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

23 not be eligible for protection under this section, and 

24 the Administrator shall not approve a request to 


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1 treat information of the following types as confiden2 tial under this section: 

3 ‘‘(A) The identity of a chemical substance, 

4 except as provided in section 5. 

5 ‘‘(B) Any safety standard determination 

6 developed under section 6, including supporting 

7 information developed by the Administrator. 

8 ‘‘(C) Any health and safety study which is 

9 submitted under this chapter with respect to— 

10 ‘‘(i) any chemical substance or mix11 ture— 

12 ‘‘(I) which, on the date on which 

13 such study is to be disclosed has been 

14 offered for commercial distribution; or 

15 ‘‘(II) for which testing is re16 quired under section 4 or for which 

17 notification is required under section 

18 5 of this subchapter; and 

19 ‘‘(ii) any data reported to, or other20 wise obtained by, the Administrator from a 

21 health and safety study which relates to a 

22 chemical substance or mixture described in 

23 clause (i) or (ii) of subparagraph (C). 

24 ‘‘(D) Any information indicating the pres25 ence of a chemical substance in a consumer arVerDate Nov 24 2008 02:28 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 ticle intended for use or reasonably expected to 

2 be used by children or to which children can 

3 otherwise be reasonably expected to be exposed. 

4 This paragraph does not authorize the release of any 

5 data which discloses processes used in the manufac6 turing or processing of a chemical substance or mix7 ture or, in the case of a mixture, the release of data 

8 disclosing the portion of the mixture comprised by 

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

10 (C) in paragraph (2)— 

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

12 paragraph (1)’’ and inserting ‘‘clause (i) or 

13 (ii) of subparagraph (C) of paragraph 

14 (1)’’; and 

15 (ii) by striking ‘‘in the second sen16 tence of such paragraph’’ and inserting ‘‘in 

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

18 (5) in subsection (e), as redesignated by para19 graph (1) of this section— 

20 (A) by amending paragraph (1) to read as 

21 follows: 

22 ‘‘(1) DUTIES OF MANUFACTURERS AND PROC23 ESSORS.—In submitting data under this chapter, a 

24 manufacturer, processor, or distributor in commerce 

25 may— 


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1 ‘‘(A) designate the data which such person 

2 believes is entitled to confidential treatment 

3 under subsection (a) of this section; and 

4 ‘‘(B) submit such designated data sepa5 rately from other data submitted under this 

6 chapter. A designation under this paragraph 

7 shall be made in writing and in such manner as 

8 the Administrator may prescribe, and shall in9 clude— 

10 ‘‘(i) justification for each claim for 

11 confidentiality; 

12 ‘‘(ii) a certification that the informa13 tion is not otherwise publicly available; and 

14 ‘‘(iii) separate copies of all submitted 

15 information, with 1 copy containing and 1 

16 copy excluding the information to which 

17 the request applies.’’; 

18 (B) by redesignating paragraph (2) as 

19 paragraph (3); 

20 (C) by inserting after paragraph (1) the 

21 following new paragraph: 

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

23 Administrator shall— 

24 ‘‘(A) not later than 1 year after the date 

25 of enactment of the Safe Chemicals Act of 


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1 2010, by order develop and make publicly avail2 able standards that specify— 

3 ‘‘(i) the acceptable bases on which 

4 written requests to maintain confidentiality 

5 of information may be approved, which 

6 shall be no more restrictive of public dis7 closure than section 552 of title 5, United 

8 States Code; and 

9 ‘‘(ii) the documentation that must ac10 company those requests; 

11 ‘‘(B) not later than 90 days after the date 

12 of receipt of information designated under para13 graph (1), review all requests to maintain con14 fidentiality of the submitted information and 

15 decide whether to approve or deny such request 

16 based on whether the request and accom17 panying documentation comply with those 

18 standards that are developed under paragraph 

19 (1) (except that if a request for the information 

20 is received under section 552 of title 5, United 

21 States Code, before the 90-day review and deci22 sion period has elapsed, the disclosure require23 ments, procedures, and judicial review provi24 sions under that section shall apply); 


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1 ‘‘(C) in the event such a request is denied, 

2 make the information available to the public in 

3 accordance with section 8(b)(3); and 

4 ‘‘(D) if such a request is approved, specify 

5 a time period of not greater than 5 years for 

6 which the submitted information shall be kept 

7 confidential.’’; and 

8 (D) in paragraph (3), as redesignated by 

9 subparagraph (B) of this paragraph— 

10 (i) in subparagraph (A)— 

11 (I) by striking ‘‘paragraph 

12 (1)(A)’’ and inserting ‘‘paragraph (1) 

13 and approved by the Administrator 

14 under paragraph (2)(B)’’; and 

15 (II) by striking ‘‘The Adminis16 trator may not release such data until 

17 the expiration of 30 days after the 

18 manufacture, processor, or distributor 

19 in commerce submitting such data has 

20 received the notice required by this 

21 subparagraph.’’ and inserting ‘‘The 

22 Administrator shall release the infor23 mation in accordance with the disclo24 sure and procedural requirements of 


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1 section 552 of title 5, United States 

2 Code.’’; and 

3 (ii) in subparagraph (B)(i)— 

4 (I) by striking ‘‘or (4)’’ and in5 serting ‘‘(4), or (5)’’; 

6 (II) by striking ‘‘subsection (a)’’ 

7 each place it appears and inserting 

8 ‘‘subsection (c)’’; 

9 (III) by striking ‘‘paragraph (3)’’ 

10 and inserting ‘‘paragraph (4)’’; 

11 (IV) by striking ‘‘that’’ before ‘‘if 

12 the Administrator determines that the 

13 release of such data’’; 

14 (V) by striking ‘‘, unreasonable 

15 risk of injury’’ before ‘‘to health or 

16 the environment’’ and inserting ‘‘and 

17 substantial endangerment then no no18 tice is required.’’; and 

19 (VI) by striking ‘‘, such notice 

20 may be made by such means as the 

21 Administrator determines will provide 

22 notice at least 24 hours before such 

23 release is made’’; and 

24 (6) by adding at the end the following new sub25 section: 


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1 ‘‘(h) RISK INFORMATION FOR WORKERS.—The Ad2 ministrator shall provide standards for and facilitate the 

3 sharing of chemical identity, safety standard determina4 tion, health and safety data described in subsection (d) 

5 that pertains to chemical substances or mixtures, or arti6 cles containing chemical substances, that workers may 

7 come into contact with or otherwise be exposed to during 

8 the course of work, with those workers and representatives 

9 of each certified or recognized bargaining agent rep10 resenting such employees.’’. 

11 SEC. 15. PROHIBITED ACTS. 

12 Section 15 of the Toxic Substances Control Act (15 

13 U.S.C. 2614) is amended— 

14 (1) by striking paragraph (1) and inserting the 

15 following: 

16 ‘‘(1) fail or refuse to comply with any rule, 

17 order, prohibition, restriction, or other requirement 

18 imposed by this chapter or by the Administrator 

19 under this chapter;’’; 

20 (2) in paragraph (2)— 

21 (A) by striking ‘‘use’’ and inserting ‘‘man22 ufacture, process, distribute in commerce, use, 

23 or dispose of’’; 

24 (B) by striking ‘‘, or mixture’’ and insert25 ing ‘‘ mixture or article’’; and 


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1 (C) by striking ‘‘section 5 or 6, a rule or 

2 order under section 5 or 6, or an order issued 

3 in action brought under section 5 or 7’’ and in4 serting ‘‘any rule, order, prohibition, restriction, 

5 or other requirement imposed by this chapter or 

6 by the Administrator under this chapter’’; 

7 (3) in paragraph (3)— 

8 (A) in subparagraph (A), by inserting ‘‘ac9 curate and complete’’ before ‘‘records’’; 

10 (B) in subparagraph (B)— 

11 (i) by inserting ‘‘or make accurate 

12 and complete’’ before ‘‘reports’’; and 

13 (ii) by inserting ‘‘information submis14 sions, disclosures, declarations, certifi15 cations,’’ after ‘‘notices,’’; and 

16 (C) in subparagraph (C), by striking ‘‘or’’ 

17 after the semicolon; 

18 (4) in paragraph (4), by striking the period at 

19 the end and inserting a semicolon; and 

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

21 paragraphs: 

22 ‘‘(5) make or submit a statement, declaration, 

23 disclosure, certification, writing, data set, or rep24 resentation that is materially false, in whole or in 

25 part, or to falsify or conceal any material fact, in 


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1 taking any action or making any communication 

2 pursuant to this chapter or pursuant to any rule or 

3 order promulgated or issued under this chapter; or 

4 ‘‘(6) take any action prohibited by this chap5 ter.’’. 

6 SEC. 16. PENALTIES. 

7 Section 16 of the Toxic Substances Control Act (15 

8 U.S.C. 2615) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) by inserting ‘‘this chapter or a rule 

12 or order promulgated or issued pursuant to 

13 this chapter, as described in’’ before ‘‘sec14 tion 15 or 409 shall be’’; 

15 (ii) by striking ‘‘$25,000’’ and insert16 ing ‘‘$37,500’’; and 

17 (iii) by striking ‘‘violation of section 

18 15 or 409’’ and inserting ‘‘violation of this 

19 chapter’’; 

20 (B) by redesignating paragraphs (2), (3), 

21 and (4) as paragraphs (3), (4), and (5), respec22 tively; 

23 (C) by inserting after paragraph (1) the 

24 following new paragraph: 


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1 ‘‘(2) In the case of any violation described in 

2 paragraph (1), the Administrator may commence a 

3 civil action in the appropriate United States district 

4 court to assess penalties pursuant to paragraph 

5 (1).’’; 

6 (D) in paragraph (3)(A), as redesignated 

7 by subparagraph (B) of this paragraph— 

8 (i) by inserting ‘‘this chapter, as de9 scribed in’’ before ‘‘section 15 or 409’’; 

10 and 

11 (ii) by striking ‘‘within 15 days of’’ 

12 and inserting ‘‘not later than 15 days 

13 after’’; 

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

15 subparagraph (B) of this paragraph— 

16 (i) by striking ‘‘paragraph (2)(A)’’ 

17 and inserting ‘‘paragraph (3)(A)’’; and 

18 (ii) by striking ‘‘the United States 

19 Court of Appeals for the District of Co20 lumbia or for any other circuit’’ and insert21 ing ‘‘the appropriate district court of the 

22 United States for the district’’; 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 striking ‘‘or willfully’’ before ‘‘vio7 lates any provision’’; 

8 (C) by inserting ‘‘this chapter, as described 

9 in’’ before ‘‘section 15 or 409’’; 

10 (D) by striking ‘‘$25,000’’ and inserting 

11 ‘‘$50,000’’; 

12 (E) by striking ‘‘one year’’ and inserting 

13 ‘‘5 years’’; and 

14 (F) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) Any person who knowingly violates any 

17 provision of this chapter and who knows at the time 

18 that he thereby places another person in imminent 

19 danger of death or serious bodily injury to any per20 son shall upon conviction be subject to a fine of not 

21 more than $250,000 or imprisonment of not more 

22 than 15 years, or both. A person that is not an indi23 vidual shall, upon conviction of violating this sub24 paragraph, be subject to a fine of not more than 

25 $1,000,000.’’. 


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1 SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE. 

2 Section 17 of the Toxic Substances Control Act (15 

3 U.S.C. 2616) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘The district courts of 

7 the United States shall have jurisdiction 

8 over civil actions to’’ and inserting ‘‘The 

9 Administrator may commence a civil action 

10 in the appropriate United States district 

11 court to compel compliance of any person 

12 with any provision of this chapter or any 

13 rule or order promulgated pursuant to this 

14 chapter. The Administrator’s authority to 

15 enforce this chapter includes the authority 

16 to’’; 

17 (ii) by striking subparagraphs (A) 

18 through (C) and inserting the following 

19 subparagraphs: 

20 ‘‘(A) seek civil or criminal penalties under 

21 section 16 for any violation of this chapter, as 

22 described in sections 15 and 409; 

23 ‘‘(B) enjoin any violation of this chapter, 

24 or of a rule or order promulgated or issued 

25 under this chapter, as described in sections 15 

26 and 409; and 


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1 ‘‘(C) order the compliance of any person 

2 with any provision of this chapter, or with any 

3 rule or order promulgated or issued under this 

4 chapter, through an administrative proceeding 

5 (which may proceed concurrently with action 

6 under this section), in which the Administrator 

7 may levy penalties under section 16;’’; and 

8 (iii) in subparagraph (D)— 

9 (I) by striking ‘‘product’’ wher10 ever it appears and inserting ‘‘arti11 cle’’; 

12 (II) by striking ‘‘direct’’ and in13 serting ‘‘order’’; 

14 (III) by striking ‘‘product subject 

15 to title IV’’ and inserting ‘‘article sub16 ject to this chapter’’; 

17 (IV) by striking ‘‘of section 5, 6, 

18 or title IV’’ and inserting ‘‘this chap19 ter’’; and 

20 (V) by striking ‘‘under section 5, 

21 6, or title IV’’ and inserting ‘‘promul22 gated and issued under this chapter, 

23 as described in section 15 or 409,’’; 

24 and 

25 (B) in paragraph (2)— 


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1 (i) by striking ‘‘A civil action de2 scribed in paragraph (1)’’ and inserting 

3 ‘‘The district courts of the United States 

4 shall have jurisdiction over a civil action 

5 described in paragraph (1). A civil action’’; 

6 (ii) in subparagraph (A)— 

7 (I) by striking ‘‘subparagraph 

8 (A) of such paragraph’’ and inserting 

9 ‘‘subparagraphs (A) and (B) of para10 graph (1)’’; 

11 (II) by inserting ‘‘this chapter, as 

12 described in’’ before ‘‘section 15’’; and 

13 (III) by inserting ‘‘or 409’’ after 

14 ‘‘section 15’’; and 

15 (iii) in subparagraph (B) by striking 

16 ‘‘such paragraph’’ and inserting ‘‘para17 graph (1)’’; and 

18 (2) in subsection (b)— 

19 (A) by striking ‘‘title IV’’ and inserting 

20 ‘‘this chapter’’; and 

21 (B) by striking ‘‘product’’ each place it ap22 pears and inserting ‘‘article’’. 

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 chapter, or any rule, regulation, or 

3 order issued or promulgated pursuant to this chapter shall 

4 be construed, interpreted, or applied to preempt, displace 

5 or supplant any provision of any law, including common 

6 law, of any State or political subdivision of a State relating 

7 to any chemical substance or mixture, or any article that 

8 contains a chemical substance or mixture, which is more 

9 stringent than is provided for under this chapter.’’. 

10 SEC. 19. JUDICIAL REVIEW. 

11 Section 19 of the Toxic Substances Control Act (15 

12 U.S.C. 2618) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1)— 

15 (i) by striking subparagraph (B); 

16 (ii) by redesignating subparagraph 

17 (A) as paragraph (1); 

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 chapter’’; (v) by 

23 inserting ‘‘or order’’ after ‘‘rule’’ each 

24 place it appears; and 


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1 (v) by striking ‘‘(other than in an en2 forcement proceeding)’’ before ‘‘of such a 

3 rule); 

4 (B) in paragraph (2)— 

5 (i) by striking ‘‘paragraph (1)(A)’’ 

6 and inserting ‘‘paragraph (1)’’; and 

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

8 ‘‘rule’’; and 

9 (C) by striking paragraph (3); 

10 (2) in subsection (b), by inserting ‘‘or order’’ 

11 after ‘‘rule’’ each place it appears; and 

12 (3) in subsection (c), by amending paragraph 

13 (1) to read as follows: 

14 ‘‘(1) Upon the filing of a petition under sub15 section (a)(1) for judicial review of a rule or order, 

16 the court shall have jurisdiction— 

17 ‘‘(A) to grant appropriate relief, including 

18 interim relief, as provided in chapter 7 of title 

19 5, United States Code; and 

20 ‘‘(B) to review such rule or order in ac21 cordance with such chapter 7.’’. 

22 SEC. 20. CITIZENS’ CIVIL ACTION. 

23 Section 20 of the Toxic Substances Control Act (15 

24 U.S.C. 2619) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘under section 4, 5, or 

3 6, or title II or IV,’’; and 

4 (ii) by striking ‘‘section 5 or title II or 

5 IV to restrain such violation’’ and inserting 

6 ‘‘this chapter’’; and 

7 (B) in the flush language following para8 graph (2), by inserting ‘‘, to enforce this chap9 ter or any rule promulgated or order issued 

10 under this chapter, or to order the Adminis11 trator to perform an act or duty described in 

12 this chapter, as the case may be’’ after ‘‘citizen13 ship of the parties’’; and 

14 (2) in subsection (b)(1), by striking ‘‘to re15 strain’’ and inserting ‘‘respecting’’. 

16 SEC. 21. CITIZENS’ PETITIONS. 

17 Section 21 of the Toxic Substances Control Act (15 

18 U.S.C. 2620) is amended— 

19 (1) in subsection (a), by striking ‘‘under section 

20 4, 6, or 8 or an order under section 5(e) or 

21 (6)(b)(2)’’ and inserting ‘‘, order, or any other ac22 tion authorized under this chapter’’; and 

23 (2) in subsection (b)— 

24 (A) in paragraph (1), by striking ‘‘under 

25 section 4, 6, or 8 or an order under section 


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1 5(e), 6(b)(1)(A), or 6(b)(1)(B)’’ and inserting 

2 ‘‘or order or to initiate other action authorized 

3 under this chapter’’; 

4 (B) in paragraph (3), by striking ‘‘section 

5 4, 5, 6, or 8’’ and inserting ‘‘the applicable pro6 visions of this chapter’’; and 

7 (C) in paragraph (4)— 

8 (i) in subparagraph (A), by striking 

9 ‘‘a rulemaking proceeding’’ and inserting 

10 ‘‘proceedings authorized under this chap11 ter’’; and 

12 (ii) in subparagraph (B)— 

13 (I) by striking ‘‘a proceeding to 

14 issue a rule under section 4, 6, or 8 

15 or an order under section 5(e) or 

16 6(b)(2)’’ and inserting ‘‘proceedings 

17 authorized under this Act’’; 

18 (II) in clause (i)— 

19 (aa) by inserting ‘‘except as 

20 provided in clause (ii),’’ before 

21 ‘‘in the case of’’; and 

22 (bb) in subclause (II), by 

23 striking ‘‘present an unreason24 able risk to’’ and inserting ‘‘sub25 stantial endangerment’’; and 


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1 (III) in clause (ii)— 

2 (aa) by striking ‘‘issuance of 

3 a rule under section 6 or 8 or an 

4 order under section 6(b)(2)’’ and 

5 inserting ‘‘imposition or issuance 

6 of a restriction, use condition, or 

7 order under this chapter’’; and 

8 (bb) by striking ‘‘an unrea9 sonable’’ and inserting ‘‘a sub10 stantial endangerment’’. 

11 SEC. 22. EMPLOYMENT EFFECTS. 

12 Section 24 of the Toxic Substances Control Act (15 

13 U.S.C. 2623) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘continuing’’ and inserting 

16 ‘‘periodic’’; and 

17 (B) by striking the em dash and para18 graphs (1) and (2) and inserting ‘‘the imple19 mentation of this chapter.’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (1), in the flush language 

22 after subparagraph (B), by striking ‘‘section 4, 

23 5, or 6 or a requirement of section 5 or 6’’ and 

24 inserting ‘‘this chapter’’; 

25 (B) in paragraph (2)— 


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1 (i) in subparagraph (A)(ii), by strik2 ing ‘‘by order issued’’ and inserting ‘‘in 

3 writing,’’; and 

4 (ii) in subparagraph (B)— 

5 (I) in clause (i), by inserting 

6 ‘‘and’’ after the ‘‘such request,’’; 

7 (II) by striking clause (ii); and 

8 (III) by redesignating clause (iii) 

9 as clause (ii); and 

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

11 (3) by adding at the end the following new sub12 section: 

13 ‘‘(c) EFFECT.—Nothing in this section shall be con14 strued— 

15 ‘‘(1) to require the Administrator to amend or 

16 repeal any rule or order in effect under this chapter; 

17 or 

18 ‘‘(2) to condition the Administrator’s authority 

19 to issue orders or promulgate rules under this chap20 ter.’’. 

21 SEC. 23. ADMINISTRATION OF THE TOXIC SUBSTANCES 

22 CONTROL ACT. 

23 Section 26 of the Toxic Substances Control Act (15 

24 U.S.C. 2625) is amended— 


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1 (1) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) FEES.—The Administrator may, by rule, require 

4 the payment of a reasonable fee from any person required 

5 to submit data to defray the cost of administering this 

6 chapter. In setting a fee under this paragraph, the Admin7 istrator shall take into account the ability to pay of the 

8 person required to submit the data and the cost to the 

9 Administrator of reviewing such data. Such rules may pro10 vide for sharing such a fee in any case in which the ex11 penses of testing are shared under this chapter.’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(h) RULEMAKING OR ORDERS.—In carrying out this 

15 chapter, the Administrator is authorized to issue such or16 ders and prescribe such regulations as are necessary to 

17 carry out this chapter.’’. 

18 SEC. 24. STATE PROGRAMS. 

19 Section 28 of the Toxic Substances Control Act (15 

20 U.S.C. 2627) is amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘unreasonable’’ before 

23 ‘‘risk within the States’’; and 

24 (B) by striking ‘‘is unable or is not likely 

25 to take’’ and inserting ‘‘has not taken’’; 


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1 (2) by redesignating subsections (b), (c), and 

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

3 (3) by inserting after subsection (a) the fol4 lowing new subsection: 

5 ‘‘(b) COORDINATION.—The Administrator shall es6 tablish a process to coordinate with States, on an on-going 

7 basis, to share data and priorities relating to the manage8 ment of chemical substances under this title and under 

9 programs operated by States, in accordance with require10 ments under section 14.’’; and 

11 (4) in subsection (c)(2), as redesignated by 

12 paragraph (2) of this section, by striking ‘‘including 

13 cancer, birth defects, and gene mutations,’’. 

14 SEC. 25. AUTHORIZATION OF APPROPRIATIONS. 

15 Title I of the Toxic Substances Control Act (15 

16 U.S.C. 2601 et seq.) is amended— 

17 (1) by redesignating section 29 as section 39; 

18 (2) by redesignating section 30 as section 38; 

19 (3) by striking section 31; and 

20 (4) by amending section 39, as redesignated, to 

21 read as follows: 

22 ‘‘SEC. 39. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There are authorized to be appropriated to the Ad24 ministrator such sums as may be necessary for each of 


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1 the fiscal years 2011 through 2018 to carry out this chap2 ter.’’. 

3 SEC. 26. ADDITIONAL REQUIREMENTS. 

4 (a) RESTRICTIONS ON CERTAIN CHEMICAL SUB5 STANCES.—The Toxic Substances Control Act (15 U.S.C. 

6 2601 et seq.) is amended by inserting after section 28 the 

7 following new sections: 

8 ‘‘SEC. 29. EXPEDITED ACTION ON CHEMICALS OF HIGHEST 

9 CONCERN. 

10 ‘‘The Administrator shall act quickly to manage risks 

11 from chemical substances that clearly pose the highest 

12 risks to human health or the environment. 

13 ‘‘SEC. 30. CHILDREN’S ENVIRONMENTAL HEALTH RE14 SEARCH PROGRAM. 

15 ‘‘(a) CHILDREN’S ENVIRONMENTAL HEALTH RE16 SEARCH PROGRAM.— 

17 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

18 after the date of enactment of the Safe Chemicals 

19 Act of 2010, the Administrator shall establish a 

20 ‘Children’s Environmental Health Research Pro21 gram’ within the Environmental Protection Agency. 

22 ‘‘(2) PURPOSE.—Subject to amounts made 

23 available in advance in appropriations Acts, under 

24 the Children’s Environmental Health Research Pro25 gram established under paragraph (1), the AdminisVerDate Nov 24 2008 02:28 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 trator may enter into contracts and make grants to 

2 further understanding of the vulnerability of chil3 dren to chemical substances and mixtures. 

4 ‘‘(3) CONSULTATION.—Contracts and grants 

5 under this section shall be provided in consultation 

6 with Interagency Science Advisory Board on Chil7 dren’s Health and Toxic Substances established 

8 under subsection (b). 

9 ‘‘(b) INTERAGENCY SCIENCE ADVISORY BOARD ON

10 CHILDREN’S HEALTH RESEARCH.— 

11 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

12 after the date of enactment of the Safe Chemicals 

13 Act of 2010, the Administrator shall establish an ad14 visory board to be known as the ‘Interagency 

15 Science Advisory Board on Children’s Health Re16 search’. The Board shall be subject to the Federal 

17 Advisory Committee Act (5 U.S.C. App.). 

18 ‘‘(2) PURPOSES.—The purposes of the Board 

19 shall be to provide independent advice, expert con20 sultation, and peer review upon request of the Ad21 ministrator or Congress on the scientific and tech22 nical aspects of issues relating to the implementation 

23 of this subchapter with respect to protecting chil24 dren’s health and research. 

25 ‘‘(3) COMPOSITION.—The Administrator shall— 


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1 ‘‘(A) appoint the members of the Board, 

2 including, at a minimum, representatives of— 

3 ‘‘(i) the National Institute of Environ4 mental Health Sciences; 

5 ‘‘(ii) the Centers for Disease Control 

6 and Prevention; 

7 ‘‘(iii) the National Toxicology Pro8 gram; 

9 ‘‘(iv) the National Cancer Institute; 

10 ‘‘(v) the National Tribal Science 

11 Council; and 

12 ‘‘(vi) not fewer than 3 centers of chil13 dren’s health at leading universities; 

‘‘(B) ensure that at least 1 14 ⁄3 of the mem15 bers of the Board have specific scientific exper16 tise in the relationship of chemical exposures to 

17 prenatal, infant, and children’s health; and 

18 ‘‘(C) ensure that no individual appointed 

19 to serve on the Board has a conflict of interest 

20 that is relevant to the functions performed, un21 less such conflict is promptly and publicly dis22 closed and the Administrator determines that 

23 the conflict is unavoidable. 

24 ‘‘(c) PRENATAL AND INFANT EXPOSURES.— 


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1 ‘‘(1) MONITORING.—If, through studies per2 formed pursuant to subsection (a), section 4, or 

3 other available research, the Administrator identifies 

4 a chemical substance that may be present in human 

5 biological media that may have adverse effects on 

6 early childhood development, the Administrator shall 

7 coordinate with the Secretary of Health and Human 

8 Services to conduct, not later than 2 years after the 

9 date on which the Administrator makes such identi10 fication, a biomonitoring study to determine the 

11 presence of the chemical substance in human biologi12 cal media in, at a minimum, pregnant women and 

13 infants. 

14 ‘‘(2) PUBLICATION.—Upon completion of any 

15 study conducted pursuant to paragraph (1), the Sec16 retary of Health and Human Services shall— 

17 ‘‘(A) inform the Administrator of the re18 sults of the study; and 

19 ‘‘(B) publish the results of the study in a 

20 publicly available electronic format. 

21 ‘‘(3) POSITIVE RESULTS.— 

22 ‘‘(A) MANUFACTURE DISCLOSURE.—When23 ever a chemical substance or mixture is deter24 mined to be present in a study conducted pur25 suant to paragraph (1), the manufacturers and 


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1 processors of the chemical substance or mixture 

2 shall, not later than 180 days after the date of 

3 publication of such study, disclose to the Ad4 ministrator, commercial customers of the manu5 facturers and processors, consumers, and the 

6 public— 

7 ‘‘(i) all known uses of the chemical 

8 substance or mixture; and 

9 ‘‘(ii) all articles in which the chemical 

10 substance or mixture is or is expected to 

11 be present. 

12 ‘‘(B) COST AND FORM OF DISCLOSURE.— 

13 Information under clauses (i) and (ii) of sub14 paragraph (A) shall be— 

15 ‘‘(i) made available by the Adminis16 trator in electronic format; and 

17 ‘‘(ii) made readily accessible and free 

18 of charge by each applicable manufacturer 

19 and processor in electronic format to the 

20 commercial customers of such manufac21 turer or processor, consumers, and the 

22 public. 


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1 ‘‘SEC. 31. REDUCTION OF ANIMAL-BASED TESTING. 

2 ‘‘(a) ADMINISTRATION.—The Administrator shall 

3 take action to minimize the use of animals in testing of 

4 chemical substances or mixtures, including— 

5 ‘‘(1) encouraging and facilitating, where prac6 ticable— 

7 ‘‘(A) use of existing data of sufficient sci8 entific quality; 

9 ‘‘(B) use of test methods that eliminate or 

10 reduce the use of animals but provide data of 

11 high scientific quality; 

12 ‘‘(C) grouping of 2 or more chemical sub13 stances into scientifically appropriate categories 

14 where testing of one chemical substance will 

15 provide reliable and useful data on others in the 

16 category; 

17 ‘‘(D) formation of industry consortia to 

18 jointly conduct testing to avoid unnecessary du19 plication of tests; and 

20 ‘‘(E) parallel submission of data from ani21 mal-based studies and from emerging methods 

22 and models; and 

23 ‘‘(2) funding research and validation studies to 

24 reduce, refine, and replace the use of animal tests in 

25 accordance with this subsection. 


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1 ‘‘(b) INTERAGENCY SCIENCE ADVISORY BOARD ON

2 ALTERNATIVE TESTING METHODS.— 

3 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

4 after the date of enactment of the Safe Chemicals 

5 Act of 2010, the Administrator shall establish an ad6 visory board to be known as the ‘Interagency 

7 Science Advisory Board on Alternative Testing 

8 Methods’. The Board shall be subject to the Federal 

9 Advisory Committee Act (5 U.S.C. App.). 

10 ‘‘(2) COMPOSITION.—The Administrator shall— 

11 ‘‘(A) appoint the members of the Inter12 agency Science Advisory Board on Alternative 

13 Testing Methods, including, at a minimum, rep14 resentatives of— 

15 ‘‘(i) the National Institute of Environ16 mental Health Sciences; 

17 ‘‘(ii) the Centers for Disease Control 

18 and Prevention; 

19 ‘‘(iii) the National Toxicology Pro20 gram; 

21 ‘‘(iv) the National Cancer Institute; 

22 and 

23 ‘‘(v) the National Tribal Science 

24 Council; and 


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1 ‘‘(B) ensure that no individual appointed 

2 to serve on the Interagency Science Advisory 

3 Board on Alternative Testing Methods has a 

4 conflict of interest that is relevant to the func5 tions to be performed, unless such conflict is 

6 promptly and publicly disclosed and the Admin7 istrator determines that the conflict is unavoid8 able. 

9 ‘‘(3) PURPOSE.—The purpose of the Inter10 agency Science Advisory Board on Alternative Test11 ing Methods shall be to provide independent advice 

12 and peer review to the Administrator and Congress 

13 on the scientific and technical aspects of issues relat14 ing to the implementation of this subchapter with re15 spect to minimizing the use of animals in testing of 

16 chemical substances or mixtures. 

17 ‘‘(4) REPORT.—Not later than 1 year after the 

18 date of enactment of the Safe Chemicals Act of 

19 2010, and triennially thereafter, the Administrator, 

20 in consultation with the Interagency Science Advi21 sory Board on Alternative Testing Methods estab22 lished under paragraph (1), shall publish a list of 

23 testing methods that reduce the use of animals in 

24 testing under section 4. 


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1 ‘‘(c) IMPLEMENTATION OF ALTERNATIVE TESTING

2 METHODS.—To promote the development and timely in3 corporation of new testing methods that are not animal4 based, the Administrator shall— 

5 ‘‘(1) in consultation with the Interagency 

6 Science Advisory Board on Alternative Testing 

7 Methods established under subsection (b)(1), and 

8 after providing an opportunity for public comment, 

9 develop a strategic plan to promote the development 

10 and implementation of alternative test methods and 

11 testing strategies to generate information used for 

12 safety standard determinations under section 6(b) 

13 that do not use animals, including toxicity pathway14 based risk assessment, in vitro studies, systems biol15 ogy, computational toxicology, bioinformatics, and 

16 high-throughput screening; 

17 ‘‘(2) biennially report to Congress on progress 

18 made in implementing this section; and 

19 ‘‘(3) fund and carry out research, development, 

20 performance assessment, and translational studies to 

21 accelerate the development of test methods and test22 ing strategies that are not animal-based for use in 

23 safety standard determinations under section 6(b). 

24 ‘‘(d) CRITERIA FOR ADAPTING OR WAIVING ANIMAL

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1 facturer or processor that is required to conduct animal2 based testing of a chemical substance or mixture under 

3 this subchapter, the Administrator may adapt or waive 

4 such requirement if the Administrator determines that— 

5 ‘‘(1) there is sufficient weight-of-evidence from 

6 several independent sources of information to sup7 port a conclusion that a chemical substance or mix8 ture has, or does not have, a particular property, in 

9 any case in which the information from each indi10 vidual source alone is regarded as insufficient to 

11 support the conclusion; 

12 ‘‘(2) testing for a specific endpoint is tech13 nically not practicable to conduct as a consequence 

14 of 1 or more physical or chemical properties of the 

15 chemical substance or mixture; or 

16 ‘‘(3) a chemical substance or mixture cannot be 

17 tested in animals at concentrations that do not re18 sult in significant pain or distress, due to physical 

19 or chemical properties of the chemical substance or 

20 mixture, such as potential to cause severe corrosion 

21 or severe irritation to tissues. 

22 ‘‘SEC. 32. SAFER ALTERNATIVES AND GREEN CHEMISTRY 

23 AND ENGINEERING. 

24 ‘‘(a) SAFER ALTERNATIVES PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of the Safe Chemicals Act of 

3 2010, the Administrator shall establish a program to 

4 create market incentives for the development of safer 

5 alternatives to existing chemical substances that re6 duce or avoid the use and generation of hazardous 

7 substances. 

8 ‘‘(2) REQUIREMENTS.—The program under 

9 paragraph (1) shall include— 

10 ‘‘(A) expedited review of new chemical sub11 stances for which the manufacturer or proc12 essor submits an alternatives analysis indicating 

13 that the new chemical substance is the safer al14 ternative for a particular use than existing 

15 chemical substances used for the same purpose; 

16 ‘‘(B) recognition for a chemical substance 

17 or product determined by the Administrator to 

18 be a safer alternative for a particular use by 

19 means of a special designation intended for use 

20 in marketing the safer alternative, and periodic 

21 public awards or rewards; and 

22 ‘‘(C) such other incentives, as the Adminis23 trator considers to be appropriate to encourage 

24 the development, marketing, and use of chem25 ical substances or products determined by the 


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1 Administrator to be safer alternatives for the 

2 particular uses, such as job training and worker 

3 assistance. 

4 ‘‘(b) GREEN CHEMISTRY RESEARCH NETWORK.— 

5 The Administrator shall establish a network of not fewer 

6 than 4 green chemistry and engineering centers, located 

7 in various regions of the United States, to support the 

8 development and adoption of safer alternatives to chemical 

9 substances, particularly chemical substances placed on the 

10 priority list under section 6(a). 

11 ‘‘(c) GREEN CHEMISTRY AND ENGINEERING RE12 SEARCH GRANTS.—The Administrator shall make grants 

13 to promote and support the research, development, and 

14 adoption of safer alternatives to hazardous substances. 

15 ‘‘(d) GREEN CHEMISTRY WORKFORCE EDUCATION

16 AND TRAINING PROGRAM.— 

17 ‘‘(1) IN GENERAL.—The Administrator shall 

18 create a program to facilitate the development of a 

19 workforce, including industrial and scientific work20 ers, that produces safer alternatives to existing 

21 chemical substances. 

22 ‘‘(2) GOALS.—The goals of the program are to 

23 provide workforce training on skills that will— 

24 ‘‘(A) facilitate the expansion of green 

25 chemistry; 


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1 ‘‘(B) develop scientific and technical lead2 ership in green chemistry; 

3 ‘‘(C) facilitate the successful and safe inte4 gration of green chemistry into infrastructure 

5 projects; 

6 ‘‘(D) inform and engage communities 

7 about green chemistry; and 

8 ‘‘(E) promote innovation and strong public 

9 health and environmental protections. 

10 ‘‘(3) IMPLEMENTATION.—The Administration 

11 shall implement the program to achieve its goals as 

12 described in this Act, including by— 

13 ‘‘(A) helping to develop a broad range of 

14 skills relevant to the production and use of such 

15 safer alternatives, including their design, manu16 facturing, and use and disposal; 

17 ‘‘(B) offering to develop partnerships with 

18 educational institutions, training organizations, 

19 private sector companies, and community orga20 nizations; and 

21 ‘‘(C) provide grants to state and local gov22 ernments and to the partnerships established 

23 pursuant to paragraph (B) to promote and sup24 port activities consistent with achieving the 

25 goals of this program. 


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1 ‘‘SEC. 33. COOPERATION WITH INTERNATIONAL EFFORTS. 

2 ‘‘In cooperation with the Secretary of State and the 

3 head of any other appropriate Federal agency (as deter4 mined by the Administrator), the Administrator shall co5 operate with international efforts as appropriate— 

6 ‘‘(1) to develop a common protocol or electronic 

7 database relating to chemical substances; or 

8 ‘‘(2) to develop safer alternatives for chemical 

9 substances. 

10 ‘‘SEC. 34. RELIABLE INFORMATION AND ADVICE. 

11 ‘‘Not later than 18 months after the date of enact12 ment of the Safe Chemicals Act of 2010, the Adminis13 trator shall, by order, establish and implement procedures 

14 to ensure data reliability including, at a minimum, re15 quirements that— 

16 ‘‘(1) not less than annually, the Administrator 

17 randomly inspect commercial and private labora18 tories that develop the data required under this sub19 chapter on the various properties and characteristics 

20 of a chemical substance; 

21 ‘‘(2) annually, the Administrator perform a 

22 comprehensive data audit on a subset, as chosen by 

23 the Administrator, of the data submissions sub24 mitted by manufacturers and processors under this 

25 subchapter; 


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1 ‘‘(3) the Administrator establish and maintain 

2 a registry of all health- and safety-related studies 

3 initiated in response to requirements under this sub4 chapter; 

5 ‘‘(4) the Administrator have access to all 

6 records of health- and safety-related studies initiated 

7 in response to requirements under this subchapter; 

8 and 

9 ‘‘(5) the Administrator require the submitter of 

10 any research study conducted by a third party in re11 sponse to requirements under this subchapter to dis12 close to the Administrator and the public, at the 

13 time of submission, the sources of any funding used 

14 for the conduct or publication of the study received 

15 by the researchers who conducted the study. 

16 ‘‘SEC. 35. HOT SPOTS. 

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

18 ‘‘(1) DISPROPORTIONATE EXPOSURE.—The 

19 term ‘disproportionate exposure’ means residential 

20 population exposure to 1 or more toxic chemical sub21 stances and mixtures at levels that are significantly 

22 greater than the average exposure in the United 

23 States, as defined and identified by the Adminis24 trator in accordance with the criteria under sub25 section (b). 


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1 ‘‘(2) LOCALITY.—The term ‘locality’ means any 

2 geographical area in which the Administrator identi3 fies disproportionate exposure and may include a 

4 county, city, town, neighborhood, census tract, zip 

5 code, or other commonly understood political or geo6 graphical subdivision. 

7 ‘‘(b) CRITERIA.—Not later than 180 days after the 

8 date of enactment of the Safe Chemicals Act of 2010, the 

9 Administrator shall promulgate a rule to establish criteria 

10 consistent with this section to— 

11 ‘‘(1) define disproportionate exposure; and 

12 ‘‘(2) identify any locality that is disproportion13 ately exposed. 

14 ‘‘(c) IDENTIFICATION.— 

15 ‘‘(1) IN GENERAL.—Not later than 120 days 

16 after promulgation of the rule under subsection (b), 

17 the Administrator shall identify localities within the 

18 United States subject to disproportionate exposure. 

19 ‘‘(2) USE OF DATA.—In identifying localities 

20 under paragraph (1), the Administrator— 

21 ‘‘(A) shall use data contained in the Na22 tional Air Toxic Assessment Database; and 

23 ‘‘(B) may use other data available to the 

24 Administrator, including data developed pursu25 ant to— 


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1 ‘‘(i) the Safe Drinking Water Act (42 

2 U.S.C. 300f et seq.); 

3 ‘‘(ii) the Solid Waste Disposal Act (42 

4 U.S.C. 6901 et seq.); 

5 ‘‘(iii) the Comprehensive Environ6 mental Response, Compensation, and Li7 ability Act of 1980 (42 U.S.C. 9601 et 

8 seq.); and 

9 ‘‘(iv) the Emergency Planning and 

10 Community Right-to-Know Act of 1986 

11 (42 U.S.C. 11001 et seq.). 

12 ‘‘(3) PUBLIC PARTICIPATION.—The Adminis13 trator shall provide an opportunity for members of 

14 the public to nominate localities for which there may 

15 be disproportionate exposure for inclusion in the 

16 identification of localities under paragraph (1). 

17 ‘‘(d) LOCALITY LIST.— 

18 ‘‘(1) IN GENERAL.—Not later than 6 months 

19 after completing the identification of localities under 

20 subsection (c)(1), the Administrator shall, after no21 tice and consultation with all applicable State, local, 

22 county health, and environmental officials, and 

23 State, local, and county legislators and other elected 

24 officials, publish a list of the localities subject to dis25 proportionate exposure identified pursuant to such 


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1 subsection in the Federal Register and make the list 

2 available electronically. 

3 ‘‘(2) UPDATING.—Not later than 5 years after 

4 the date of publication of the list under paragraph 

5 (1), and at least once every 5 years thereafter, the 

6 Administrator shall update and republish the list as 

7 necessary. The Administrator may update and re8 publish the list more frequently than every 5 years 

9 to add new localities that meet the criteria under 

10 subsection (b), or to remove localities when the Ad11 ministrator has determined that the exposure reduc12 tion has been achieved and no further action is need13 ed after actions are taken under subsection (e). The 

14 Administrator shall notify all applicable State, local, 

15 county health, and environmental officials, and 

16 State, local, and county legislators and other elected 

17 officials of the updated listing. 

18 ‘‘(e) NO JUDICIAL REVIEW; NONDISCRETIONARY

19 DUTY.— 

20 ‘‘(1) NO JUDICIAL REVIEW.—The following ac21 tions shall not be subject to judicial review: 

22 ‘‘(A) A decision to identify a locality pur23 suant to subsection (c)(1) to be included on the 

24 list published pursuant to subsection (d)(1). 


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1 ‘‘(B) A decision in response to nominations 

2 submitted pursuant to subsection (c)(3). 

3 ‘‘(C) A decision to list localities or update 

4 the list pursuant to subsection (d)(2). 

5 ‘‘(2) NONDISCRETIONARY DUTY.—Notwith6 standing paragraph (1), the failure of the Adminis7 trator to publish the list of list localities or update 

8 the list in accordance with this section shall be— 

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

10 a nondiscretionary duty; and 

11 ‘‘(B) subject to judicial review. 

12 ‘‘(f) ACTION PLANS.— 

13 ‘‘(1) IN GENERAL.—Not later than 1 year after 

14 publishing or updating the list under subsection (d), 

15 the Administrator shall develop and publish, for each 

16 locality identified on the list, an action plan that in17 cludes— 

18 ‘‘(A) an identification of the chemical sub19 stances and mixtures that contribute to the dis20 proportionate exposure (including exposure lev21 els, sources, and pathways); and 

22 ‘‘(B) a description of actions to be under23 taken by the Administrator, to reduce dis24 proportionate exposure within the locality. 


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1 ‘‘(2) GOALS.—The goal of each action plan 

2 under this subsection shall be to reduce dispropor3 tionate exposure within the locality by establishing 

4 the following: 

5 ‘‘(A) A percentage exposure reduction goal 

6 for each chemical substance and mixture. 

7 ‘‘(B) A timeline to achieve such a percent8 age exposure reduction goal. 

9 ‘‘(g) REPORT TO CONGRESS.—The Administrator 

10 shall— 

11 ‘‘(1) prepare and submit to Congress an annual 

12 report identifying— 

13 ‘‘(A) each locality added to the list in the 

14 prior year under subsection (d); 

15 ‘‘(B) each action plan developed in the 

16 prior year under subsection (e); and 

17 ‘‘(C) the progress on each action plan to 

18 date; and 

19 ‘‘(2) make the report available to the public in 

20 electronic format. 

21 ‘‘SEC. 36. APPLICATION OF THIS ACT TO FEDERAL AGEN22 CIES. 

23 ‘‘(a) IN GENERAL.—Except as provided in subsection 

24 (e), each Federal agency, and any officer, agent, or em25 ployee thereof, shall be subject to, and comply with, all 


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1 applicable requirements of this chapter, both substantive 

2 and procedural, in the same manner, and to the same ex3 tent, as any person subject to such requirements. The sub4 stantive and procedural requirements referred to in this 

5 subsection include— 

6 ‘‘(1) any administrative order; 

7 ‘‘(2) any civil or administrative penalty or fine, 

8 regardless of whether such penalty or fine is punitive 

9 or coercive in nature or is imposed for isolated, 

10 intermittent, or continuing violations; 

11 ‘‘(3) any requirement for reporting; 

12 ‘‘(4) any provision for injunctive relief and such 

13 sanctions as may be imposed by a court to enforce 

14 such relief; and 

15 ‘‘(5) payment of reasonable service charges. 

16 ‘‘(b) WAIVER OF IMMUNITY.—The United States ex17 pressly waives any immunity otherwise applicable to the 

18 United States with respect to any substantive or proce19 dural requirement referred to under subsection (a). 

20 ‘‘(c) CIVIL PENALTIES.—No agent, employee, or offi21 cer of the United States shall be personally liable for any 

22 civil penalty under this chapter with respect to any act 

23 or omission within the scope of the official duties of the 

24 agent, employee, or officer. 


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1 ‘‘(d) CRIMINAL SANCTIONS.—An agent, employee, or 

2 officer of the United States shall be subject to any crimi3 nal sanction (including any fine or imprisonment) under 

4 this chapter, but no department, agency, or instrumen5 tality of the executive, legislative, or judicial branch of the 

6 Federal Government shall be subject to any such sanction. 

7 ‘‘(e) EXEMPTION.— 

8 ‘‘(1) IN GENERAL.—If the President determines 

9 it is in the paramount interest of the United States, 

10 the President may grant an exemption for any Fed11 eral agency from compliance with any requirement 

12 of this chapter. 

13 ‘‘(2) LACK OF APPROPRIATION.—No exemption 

14 shall be granted under paragraph (1) due to lack of 

15 appropriation unless the President has specifically 

16 requested such appropriation as a part of the budg17 etary process and the Congress has failed to make 

18 available such requested appropriation. 

19 ‘‘(3) PERIOD OF EXEMPTION.—Any exemption 

20 granted under paragraph (1) shall be for a period of 

21 not more than 1 year, but additional exemptions 

22 may be granted for periods not to exceed 1 year 

23 upon the President’s making a new determination 

24 that such exemption is in the paramount interest of 

25 the United States. 


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1 ‘‘(4) REPORT.—Each January after the date of 

2 enactment of this section, the President shall report 

3 to the Congress all exemptions under this subsection 

4 granted during the preceding calendar year, together 

5 with the reason for granting each such exemption. 

6 ‘‘(f) ADMINISTRATIVE ENFORCEMENT ACTIONS.— 

7 ‘‘(1) IN GENERAL.—The Administrator may 

8 commence an administrative enforcement action 

9 against any Federal agency pursuant to the enforce10 ment authorities contained in this chapter. The Ad11 ministrator shall initiate an administrative enforce12 ment action against such a department, agency, or 

13 instrumentality in the same manner and under the 

14 same circumstances as an action would be initiated 

15 against another person. Any voluntary resolution or 

16 settlement of an administrative enforcement action 

17 shall be set forth in a consent order. 

18 ‘‘(2) FINAL.—No administrative order issued to 

19 a Federal department, agency, or instrumentality 

20 shall become final until such department, agency, or 

21 instrumentality has had the opportunity to confer 

22 with the Administrator. 


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1 ‘‘SEC. 37. IMPLEMENTATION OF STOCKHOLM CONVENTION, 

2 THE LRTAP POPS PROTOCOL, AND THE ROT3 TERDAM CONVENTION. 

4 ‘‘(a) DEFINITIONS.— 

5 ‘‘(1) CHEMICAL.—The term ‘chemical’ includes 

6 any substance or mixture of substances, including as 

7 part of an article. 

8 ‘‘(2) MEETING OF THE PARTIES.—The phrase 

9 ‘meeting of the parties’ means— 

10 ‘‘(A) the Conference of the Parties estab11 lished by and operating under Article 19 of the 

12 Stockholm Convention; 

13 ‘‘(B) the Executive Body established by 

14 and operating under Article 10 of the LRTAP 

15 POPs Convention; and 

16 ‘‘(C) the Conference of the Parties estab17 lished by and operating under Article 18 of the 

18 Rotterdam Convention. 

19 ‘‘(3) LRTAP CONVENTION.—The term 

20 ‘LRTAP Convention’ means the Convention on 

21 Long-Range Transboundary Air Pollution, done at 

22 Geneva on November 13, 1979 (TIAS 10541), and 

23 any subsequent amendments to which the United 

24 States is a party. 

25 ‘‘(4) LRTAP POPS CHEMICAL.—The term 

26 ‘LRTAP POPs chemical’ means any chemical listed 


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1 on any Annex of the LRTAP POPs Protocol, if such 

2 listing has entered into force for the United States. 

3 ‘‘(5) LRTAP POPS PROTOCOL.—The term 

4 ‘LRTAP POPs Protocol’ means the Protocol on Per5 sistent Organic Pollutants to the LRTAP Conven6 tion, done at Aarhus on June 24, 1998, and any 

7 subsequent amendment to which the United States 

8 is a party. 

9 ‘‘(6) PIC CHEMICAL.—The term ‘PIC chemical’ 

10 means any chemical identified by notification to the 

11 Secretariat of the Rotterdam Convention by the 

12 United States as banned or severely restricted in the 

13 United States, and any chemical listed on any Annex 

14 of the Rotterdam Convention, if such listing has en15 tered into force for the United States. 

16 ‘‘(7) POPS CHEMICAL.—The term ‘POPs chem17 ical’ means any chemical that is listed on any Annex 

18 of the Stockholm Convention, if such listing has en19 tered into force for the United States. 

20 ‘‘(8) ROTTERDAM CONVENTION.—The term 

21 ‘Rotterdam Convention’ means the Rotterdam Con22 vention on the Prior Informed Consent Procedure 

23 for Certain Hazardous Chemicals and Pesticides in 

24 International Trade, done at Rotterdam on SepVerDate Nov 24 2008 02:28 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 tember 10, 1998, and any subsequent amendment to 

2 which the United States is a party. 

3 ‘‘(9) STOCKHOLM CONVENTION.—The term 

4 ‘Stockholm Convention’ means the Stockholm Con5 vention on Persistent Organic Pollutants, done at 

6 Stockholm on May 22, 2001, and any subsequent 

7 amendment to which the United States is a party. 

8 ‘‘(b) CORE IMPLEMENTATION PROVISIONS.— 

9 ‘‘(1) IN GENERAL.—The Administrator, in co10 operation with any appropriate Federal agency, shall 

11 implement and support the implementation by the 

12 United States of the provisions, that have entered 

13 into force for the United States, of the Stockholm 

14 Convention, the LRTAP POPs Protocol, and the 

15 Rotterdam Convention. 

16 ‘‘(2) PROHIBITIONS.—Notwithstanding any 

17 other provision of law, no person may manufacture, 

18 process, distribute in commerce, use, dispose of, or 

19 take any other action with respect to a POPs chem20 ical, LRTAP POPs chemical, or PIC chemical in a 

21 manner inconsistent with applicable obligations for 

22 that chemical under the Stockholm Convention, 

23 LRTAP POPs Protocol, or Rotterdam Convention. 

24 ‘‘(3) PUBLIC NOTICE AND COMMENT.— 


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1 ‘‘(A) The Administrator shall provide time2 ly public notice and opportunity to comment on 

3 a chemical proposed for listing to any Annex to 

4 the Stockholm Convention, the LRTAP POPs 

5 Protocol, or the Rotterdam Convention. The 

6 Administrator shall identify in the notice any 

7 relevant toxicity, exposure, and risk information 

8 on the chemical known to the Administrator, 

9 and any domestic activities involving the chem10 ical known to the Administrator. Any interested 

11 person may provide relevant comment and in12 formation on the chemical in response to that 

13 notice. The Administrator may, if the Adminis14 trator determines it to be necessary to assist 

15 the United States in its review, require the pro16 vision of relevant information related to a pro17 posed chemical from any person. Such comment 

18 and information shall be considered in the Ad19 ministrator’s review of the proposal and shall be 

20 placed in an established public docket. 

21 ‘‘(B) The Administrator shall also provide 

22 timely public notice and opportunity to com23 ment after a recommendation is made to list a 

24 chemical on any Annex to the Stockholm Con25 vention, the LRTAP POPs Protocol, or the 


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1 Rotterdam Convention. The Administrator shall 

2 provide such notice in advance of the Meeting 

3 of the Parties at which the recommendation is 

4 to be considered. The Administrator shall re5 quest comment and information on all aspects 

6 of such recommendation and may, if the Ad7 ministrator determines it to be necessary to as8 sist the United States in its review, require the 

9 provision of relevant information related to a 

10 proposed chemical from any person. Such com11 ment and information shall be considered in the 

12 Administrator’s review of the listing rec13 ommendation and shall be placed in an estab14 lished public docket. 

15 ‘‘(C) The Administrator shall also provide 

16 public notice and opportunity to comment on 

17 any decision by the Meeting of the Parties to 

18 list a chemical on any Annex to the Stockholm 

19 Convention. No later than 30 days after such 

20 decision becomes available, the Administrator 

21 shall provide in the notice a description of the 

22 amendments to the instruments and shall iden23 tify changes to any current domestic activities 

24 that the Administrator believes, based on infor25 mation available to the Administrator, would be 


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1 necessary should the United States choose to be 

2 bound by the listing decision. Any interested 

3 person may provide relevant comment and in4 formation in response to that notice. Such com5 ment and information shall be considered in the 

6 Administrator’s review of the decision and shall 

7 be placed in an established public docket. 

8 ‘‘(D) No later than 30 days after the 

9 United States deposits its instrument of ratifi10 cation for the Stockholm Convention, the 

11 LRTAP POPs Protocol, or the Rotterdam Con12 vention, or no later than 30 days after the list13 ing of any chemical subsequently added under 

14 those instruments has entered into force for the 

15 United States (whichever comes sooner), the 

16 Administrator shall provide notice of the chemi17 cals that are subject to those instruments and 

18 shall provide similar public notice of any chem19 ical subsequently added under those instru20 ments. In providing such notice, the Adminis21 trator may specify the requirements that are 

22 applicable for individual chemicals. 

23 ‘‘(4) GENERAL RULEMAKING AUTHORITY.—The 

24 Administrator may prescribe regulations to carry out 

25 the provisions of the Stockholm Convention, the 


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1 LRTAP POPs Protocol, and the Rotterdam Conven2 tion, or to ensure compliance with any obligations 

3 under such instruments. 

4 ‘‘(5) APPLICABLE OBLIGATION.—If a chemical 

5 is subject to obligations under more than one of the 

6 instruments listed in paragraph (4), the most strin7 gent of such obligations shall apply to ensure com8 pliance with each of those instruments. 

9 ‘‘(c) ENFORCEMENT.—The prohibitions and any 

10 other requirements of this part shall be enforced in the 

11 same manner as final rules or orders under section 2605 

12 of the Toxic Substances Control Act.’’. 

13 (b) CONFORMING AMENDMENTS.—The table of con14 tents for the Toxic Substances Control Act (15 U.S.C. 

15 2601 et seq.) is amended— 

16 (1) by striking the item relating to section 2 

17 and inserting the following: 

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

18 (2) by striking the item relating to section 4 

19 and inserting the following: 

‘‘Sec. 4. Minimum data set and testing of chemical substances and mixtures.’’; 

20 (3) by striking the item relating to section 6 

21 and inserting the following: 

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

22 (4) by striking the items relating to sections 29 

23 through 31; and 


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1 (5) by adding after the item relating to section 

2 28 the following: 

‘‘Sec. 29. Expedited action on chemicals of highest concern. 

‘‘Sec. 30. Children’s Environmental Health Research Program. 

‘‘Sec. 31. Reduction of animal-based testing. 

‘‘Sec. 32. Safer alternatives and green chemistry and engineering. 

‘‘Sec. 33. Cooperation with international efforts. 

‘‘Sec. 34. Reliable information and advice. 

‘‘Sec. 35. Hot spots. 

‘‘Sec. 36. Application of this Act to Federal agencies. 

‘‘Sec. 37. Implementation of Stockholm Convention, the LRTAP Pops Protocol, 

and the Rotterdam Convention. 

‘‘Sec. 38. Annual report. 

‘‘Sec. 39. Authorization of appropriations.’’. 

Æ 


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