(1) assisting in meeting the essential needs of 
the United States for adequate supplies of electrical 
products and equipment is in the national interest; 
(2) ensuring a uniform Federal scheme of regu-
lation of restrictions in the use of certain substances 
in electrical products and equipment in interstate 
and foreign commerce is crucial to the economic, en-
vironmental, and social well-being of the people of 
the United States in the global marketplace; 
(3) potential disparities among State laws and 
implementing regulations that may be enacted by 
the several States regarding the restriction of the 
use of substances in electrical products and equip-
ment could create barriers to interstate commerce, 
domestic and foreign trade, and distort competition, 
and may thereby have a direct impact on the estab-
lishment and functioning of global markets; and 
(4) technological and industrial innovation for 
electrical products and equipment can offer an im-
proved standard of living, increased public and pri-
vate sector productivity, and creation of new indus-
tries and employment opportunities, while providing 
for environmentally compatible production, use, and 
end of life disposition of such equipment. 
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SEC. 3. PURPOSE. 
It is the purpose of this Act to enhance the economic, 
environmental, and social well-being of the people of the 
United States in the global marketplace by— 
(1) ensuring efficient technological development 
and innovation in the manufacture of electrical prod-
ucts and equipment through the prevention of poten-
tial disparities among State laws and implementing 
regulations that may be enacted by the several 
States regarding the restriction of the use of toxic 
substances in electrical products and equipment that 
could create barriers to interstate commerce, domes-
tic and foreign trade, and distort global competition; 
and 
(2) applying the regulatory and law enforce-
ment process and penalties of the Toxic Substances 
Control Act of 1976 to establish uniform Federal 
regulation and enforcement of toxic substances in 
electrical products and equipment. 
SEC. 4. UNIFORM FEDERAL SCHEME OF REGULATION. 
(a) Section 6 of the Toxic Substances Control Act 
of 1976 (15 U.S.C. 2605) is amended by adding at the 
end the following: 
‘‘(f) CERTAIN APPLICATIONS.— 
‘‘(1) ELECTROINDUSTRY PRODUCTS.—As used 
in subsection (e), the term ‘electroindustry product’ 
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means any product or equipment that is directly 
used to facilitate the transmission, distribution, or 
control of electricity, or that uses electrical power for 
arc welding, lighting, signaling protection and com-
munication, or medical imaging, or electrical motors 
and generators. 
‘‘(2) NATIONAL STANDARDS.—Except for those 
electroindustry products and product categories set 
forth in paragraph (3), no electroindustry product 
shall be manufactured after July 1, 2010, that con-
tains a concentration value greater than 0.1 percent 
by weight of lead, mercury, hexavalent chromium, 
polybrominated 
biphenyls 
(PBB), 
and 
polybrominated diphenyl ethers (PBDE) as meas-
ured in any homogeneous material contained in the 
electroindustry product, or a concentration value 
greater than 0.01 percent of cadmium as measured 
in any homogeneous material contained in the 
electroindustry product. For purposes of this section, 
‘homogeneous material’ means a material of uniform 
composition throughout that cannot be mechanically 
disjointed into different materials. 
‘‘(3) ELECTROINDUSTRY PRODUCTS AND PROD-
UCT CATEGORIES.—The processing and/or use of the 
specified chemical substances in any of the following 
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electroindustry products and equipment shall not be 
subject to any restriction or requirement that is de-
signed to protect against a risk of injury to health 
or the environment, and shall in no manner be re-
stricted, by the States or any political subdivision of 
a State in accordance with section 2617(c)(1)(B): 
‘‘(A) Lead, mercury, cadmium, hexavalent 
chromium, 
polybrominated 
biphenyls, 
and 
polybrominated diphenyl ethers contained in— 
‘‘(i) products or equipment designed 
for use with a voltage rating of 300 volts 
or above; 
‘‘(ii) products or equipment used in 
fixed installations; øFor purposes of this 
subsection, ‘fixed installation’ means a 
combination of equipment, systems, fin-
ished products and/or components, not in-
cluding lighting equipment that encom-
passes lighting fixtures and lamps, assem-
bled and/or erected by an assembler/in-
staller at a given place to operate together 
in an expected environment to perform a 
specific task, but not intended to be placed 
in commerce as a single functional or com-
mercial unit¿; 
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‘‘(iii) signaling protection and commu-
nication systems and products, including 
healthcare communications and emergency 
call systems; 
‘‘(iv) surface transportation informa-
tion management and control systems, sub-
systems, equipment, components, and serv-
ices, including equipment used to design, 
install, operate, and maintain such sys-
tems; 
‘‘(v) medical diagnostic imaging and 
therapy equipment and devices, commu-
nications and emergency call systems and 
products, modular walls, consoles, systems, 
products, panels, meters, and monitors 
used in healthcare facilities; 
‘‘(vi) shunt capacitors and series ca-
pacitors; 
‘‘(vii) electro-mechanical and solid- 
state equipment and systems for measure-
ment, display recording, processing, and 
telemetry for electricity metering and asso-
ciated information; 
‘‘(viii) distribution and power trans-
formers and special purpose transformers; 
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‘‘(ix) equipment used for mounting or 
testing watt-hour or demand meters such 
as sockets, boxes, enclosures, test blocks, 
test tables, and test kits; 
‘‘(x) high voltage fuses, high current 
connectors, 
power 
circuit 
breakers, 
switchgear assemblies, surge arrestors, and 
insulating equipment, products, and hard-
ware; 
‘‘(xi) steam turbine generators and 
units; 
‘‘(xii) electrical wire and cable prod-
ucts and accessories, not including fixture 
wires, appliance wires, and flexible cords as 
so classified by the National Electrical 
Code, by Underwriters Laboratories, Inc., 
or by the Canadian Standards Association; 
‘‘(xiii) electrical conduit; 
‘‘(xiv) high intensity discharge lamps; 
‘‘(xv) arc welding and plasma cutting 
equipment designed for industrial or pro-
fessional use; or 
‘‘(xvi) arc welding and cutting equip-
ment driven by mechanical means, e.g., a 
gasoline or diesel engine. 
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‘‘(B) Lead when used or contained in— 
‘‘(i) steel alloys containing up to 0.35 
percent lead by weight, aluminum alloys 
containing up to 0.4 percent lead by 
weight and copper alloys containing up to 
4 percent lead by weight; 
‘‘(ii) solders with high melting tem-
peratures, including lead-based alloys con-
taining 85 percent or more lead by weight, 
and solders for— 
‘‘(I) die mounting in Light Emit-
ting Diode applications; 
‘‘(II) the electrical connection 
within 
integrated-circuit 
flip-chip 
packages; 
‘‘(III) machined through-hole dis-
coidal and planar array ceramic multi-
layer capacitors; and 
‘‘(IV) printed circuit board as-
semblies and point-to-point soldered 
assemblies, up to 40 percent lead by 
weight, and when used in trans-
mission, distribution, power supply, or 
control devices designed to be in-
stalled in electrical outlet boxes and/or 
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switch boxes, in emergency lighting 
equipment, in trip units in circuit 
breakers, or in sensors used for light-
ing control; 
‘‘(iii) glass used in plasma display 
panels or surface conduction electron emit-
ter displays or for flat fluorescent lamps in 
liquid crystal displays, or in incandescent 
lamps; 
‘‘(iv) finishes of fine-pitch components 
other than connectors with a pitch of 0.65 
millimeters or less with nickel-iron lead 
frames or copper-lead frames; 
‘‘(v) coatings not exceeding 0.5 per-
cent by weight for tin babbitt alloy coated 
sleeve bearings; 
‘‘(vi) gateway hardware between light-
ing controls protocols and building man-
agement protocols; 
‘‘(vii) red ink used in exit signs not 
exceeding 0.005 milligrams per lens; 
‘‘(viii) fluorescent lamps; 
‘‘(ix) electrical connector coatings; or 
‘‘(x) lead-bronze bearing shells and 
bushes. 
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‘‘(C) Cadmium and its compounds when 
used or contained in— 
‘‘(i) electrical contacts, cadmium plat-
ing and switch contacts, including those 
used in thermal protectors in lighting bal-
lasts, and luminaires containing such bal-
lasts; or 
‘‘(ii) cadmium-copper alloys for wire 
conductors. 
‘‘(D) Hexavalent chromium when used or 
contained in electrical connectors, corrosion-pre-
vention coatings for fasteners and metals in 
emergency 
lighting 
equipment 
or 
electro-
magnetic interference shielding, and noncurrent 
carrying electrical devices. 
‘‘(E) Mercury when used or contained in— 
‘‘(i) straight fluorescent lamps for 
general purposes, but not exceeding 10 
milligrams in halophosphate lamps, 5 milli-
grams in triphosphate lamps with a normal 
lifetime, and 8 milligrams in triphosphate 
lamps with a long lifetime; 
‘‘(ii) straight fluorescent lamps for 
special purposes; 
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‘‘(iii) compact fluorescent lamps equal 
to or greater than 9 inches; 
‘‘(iv) compact fluorescent lamps less 
than 25 watts, not exceeding 5 milligrams 
per lamp; 
‘‘(v) compact fluorescent lamps equal 
to or greater than 25 watts, not exceeding 
6 milligrams per lamp; 
‘‘(vi) high output/very high output lin-
ear fluorescent lamps greater than 32 mil-
limeters in diameter; 
‘‘(vii) 
preheat 
linear 
fluorescent 
lamps; or 
‘‘(viii) luminaires when containing any 
mercury-added 
lamps 
identified 
under 
øsubsection (f)(3)(E)(i)–(vii)¿. 
‘‘(F) Any processing and/or use of a speci-
fied chemical substance in an electroindustry 
product other than those identified in this sub-
section as the Administrator may establish by 
rule.’’. 
(b) Section 18 of the Toxic Substances Control Act 
of 1976 (15 U.S.C. 2617) is amended by adding at the 
end the following: 
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‘‘(c) PREEMPTION.—(1) Notwithstanding any other 
provision of this section, no State or political subdivision 
of a State may, after the effective date of this Act, adopt 
or continue in effect any requirement that is designed to 
protect against a risk of injury to health or the environ-
ment— 
‘‘(A) for any electroindustry product as defined 
in section 2605(f)(1) that is inconsistent with or 
more stringent than the national standards set forth 
in section 2605(f)(2); or 
‘‘(B) that is applicable to the processing and/or 
use of the specified chemical substances in any of 
the electroindustry products or electroindustry prod-
uct categories set forth in section 2605(f)(3). 
‘‘(2) Upon application of a State or political subdivi-
sion of a State, the Administrator may, by rule, exempt 
from section 2605(f)(3), under such conditions as may be 
prescribed in such rule, a requirement of such State or 
political subdivision designed to protect against an unrea-
sonable risk of injury to health or the environment associ-
ated with any of the uses of any chemical substance, mix-
ture, or article containing such chemical substance or mix-
ture specified in section 2605(f)(3) if— 
‘‘(A) compliance with the requirement would 
not cause the processing, distribution in commerce, 
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or use of the substance, mixture, or article to be in 
violation of the Act; and 
‘‘(B) the State or political subdivision require-
ment does not, through difficulties in manufac-
turing, marketing, distribution, or other factors, un-
duly burden interstate commerce, or does not lessen 
the reliability of an electrical grid or of any product 
or system which is the subject of any such require-
ment of a State or political subdivision of a State. 
‘‘(3) Compliance with the national standards set forth 
in section 2605(f)(2) may be demonstrated based on any 
appropriate method for a particular electroindustry prod-
uct, including without limitation, certifications of compli-
ance by product manufacturers or testing performed in ac-
cordance with the guidelines promulgated by the Adminis-
trator under this subsection. The Administrator shall, 
within one year from the effective date of this Act, promul-
gate guidelines establishing test procedures for deter-
mining the concentration of lead, mercury, hexavalent 
chromium, cadmium, polybrominated biphenyls (PBB) 
and/or polybrominated diphenyl ethers (PBDE) contained 
in an electroindustry product.’’. 
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