(D) by striking ‘‘to protect adequately 
against such risk using the least burdensome re-
quirements’’ and inserting ‘‘so that the chemical 
substance or mixture no longer presents such 
risk’’; 
(E) by inserting ‘‘or otherwise restricting’’ 
after ‘‘prohibiting’’ in paragraphs (1)(A) and 
(2)(A); 
(F) by inserting ‘‘minimum’’ before ‘‘warn-
ings’’ both places it appears in paragraph (3); 
(G) by striking ‘‘and monitor or conduct 
tests’’ and inserting ‘‘or monitor or conduct 
tests’’ in paragraph (4); and 
(H) in paragraph (7)— 
(i) by striking ‘‘such unreasonable risk 
of injury’’ and inserting ‘‘such determina-
tion’’; and 
(ii) by striking ‘‘such risk of injury’’ 
and inserting ‘‘such determination’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) RISK EVALUATIONS.— 
‘‘(1) PRIORITIZATION FOR RISK EVALUATIONS.— 
‘‘(A) ESTABLISHMENT
OF
PROCESS.—Not 
later than 1 year after the date of enactment of
the Frank R. Lautenberg Chemical Safety for the 
21st Century Act, the Administrator shall estab-
lish, by rule, a risk-based screening process, in-
cluding criteria for designating chemical sub-
stances as high-priority substances for risk eval-
uations or low-priority substances for which risk 
evaluations are not warranted at the time. The 
process to designate the priority of chemical sub-
stances shall include a consideration of the haz-
ard and exposure potential of a chemical sub-
stance or a category of chemical substances (in-
cluding consideration of persistence and bio-
accumulation, potentially exposed or susceptible 
subpopulations and storage near significant 
sources of drinking water), the conditions of use 
or significant changes in the conditions of use of 
the chemical substance, and the volume or sig-
nificant changes in the volume of the chemical 
substance manufactured or processed. 
‘‘(B) IDENTIFICATION OF PRIORITIES FOR 
RISK EVALUATION.— 
‘‘(i) HIGH-PRIORITY
SUBSTANCES.— 
The Administrator shall designate as a 
high-priority substance a chemical sub-
stance that the Administrator concludes,
without consideration of costs or other 
nonrisk factors, may present an unreason-
able risk of injury to health or the environ-
ment because of a potential hazard and a 
potential route of exposure under the condi-
tions of use, including an unreasonable risk 
to a potentially exposed or susceptible sub-
population identified as relevant by the Ad-
ministrator. 
‘‘(ii) LOW-PRIORITY
SUBSTANCES.— 
The Administrator shall designate a chem-
ical substance as a low-priority substance if 
the Administrator concludes, based on infor-
mation sufficient to establish, without con-
sideration of costs or other nonrisk factors, 
that such substance does not meet the stand-
ard identified in clause (i) for designating 
a chemical substance a high-priority sub-
stance. 
‘‘(C) INFORMATION REQUEST AND REVIEW 
AND PROPOSED AND FINAL PRIORITIZATION DES-
IGNATION.—The rulemaking required in sub-
paragraph (A) shall ensure that the time re-
quired to make a priority designation of a chem-
ical substance be no shorter than nine months
and no longer than 1 year, and that the process 
for such designations includes— 
‘‘(i) a requirement that the Adminis-
trator request interested persons to submit 
relevant information on a chemical sub-
stance that the Administrator has initiated 
the prioritization process on, before pro-
posing a priority designation for the chem-
ical substance, and provide 90 days for such 
information to be provided; 
‘‘(ii) a requirement that the Adminis-
trator publish each proposed designation of 
a chemical substance as a high- or low-pri-
ority substance, along with an identifica-
tion of the information, analysis, and basis 
used to make the proposed designations, and 
provide 90 days for public comment on each 
such proposed designation; and 
‘‘(iii) a process by which the Adminis-
trator may extend the deadline in clause (i) 
for up to three months in order to receive or 
evaluate information required to be sub-
mitted 
in 
accordance 
with 
section 
4(a)(2)(B), subject to the limitation that if 
the information available to the Adminis-
trator at the end of such an extension re-
mains insufficient to enable the designation 
of the chemical substance as a low-priority 
substance, the Administrator shall designate 
the chemical substance as a high-priority 
substance. 
‘‘(2) INITIAL
RISK
EVALUATIONS
AND
SUBSE-
QUENT DESIGNATIONS OF HIGH- AND LOW-PRIORITY 
SUBSTANCES.— 
‘‘(A) 
INITIAL
RISK
EVALUATIONS.—Not 
later than 180 days after the date of enactment 
of the Frank R. Lautenberg Chemical Safety for 
the 21st Century Act, the Administrator shall en-
sure that risk evaluations are being conducted on 
10 chemical substances drawn from the 2014 up-
date of the TSCA Work Plan for Chemical As-
sessments and shall publish the list of such chem-
ical substances during the 180 day period. 
‘‘(B) ADDITIONAL RISK EVALUATIONS.—Not 
later than three and one half years after the date 
of enactment of the Frank R. Lautenberg Chem-
ical Safety for the 21st Century Act, the Admin-
istrator shall ensure that risk evaluations are 
being conducted on at least 20 high-priority sub-
stances and that at least 20 chemical substances
have been designated as low-priority substances, 
subject to the limitation that at least 50 percent 
of all chemical substances on which risk evalua-
tions are being conducted by the Administrator 
are drawn from the 2014 update of the TSCA 
Work Plan for Chemical Assessments. 
‘‘(C) CONTINUING DESIGNATIONS AND RISK 
EVALUATIONS.—The Administrator shall con-
tinue to designate priority substances and con-
duct risk evaluations in accordance with this 
subsection at a pace consistent with the ability 
of the Administrator to complete risk evaluations 
in accordance with the deadlines under para-
graph (4)(G). 
‘‘(D) PREFERENCE.—In designating high- 
priority substances, the Administrator shall give 
preference to— 
‘‘(i) chemical substances that are listed 
in the 2014 update of the TSCA Work Plan 
for Chemical Assessments as having a Per-
sistence and Bioaccumulation Score of 3; 
and 
‘‘(ii) chemical substances that are list-
ed in the 2014 update of the TSCA Work 
Plan for Chemical Assessments that are
evaluation (other than risk evaluations for chem-
ical substances designated under paragraph 
(4)(C)(ii)). 
‘‘(4) RISK
EVALUATION
PROCESS
AND
DEAD-
LINES.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall conduct risk evaluations pursuant to this 
paragraph to determine whether a chemical sub-
stance presents an unreasonable risk of injury to 
health or the environment, without consideration 
of costs or other nonrisk factors, including an 
unreasonable risk to a potentially exposed or sus-
ceptible subpopulation identified as relevant to 
the risk evaluation by the Administrator, under 
the conditions of use. 
‘‘(B) ESTABLISHMENT
OF
PROCESS.—Not 
later than 1 year after the date of enactment of 
the Frank R. Lautenberg Chemical Safety for the 
21st Century Act, the Administrator shall estab-
lish, by rule, a process to conduct risk evalua-
tions in accordance with subparagraph (A). 
‘‘(C) REQUIREMENT.—The Administrator 
shall conduct and publish risk evaluations, in 
accordance with the rule promulgated under sub-
paragraph (B), for a chemical substance—
‘‘(i) that has been identified under 
paragraph (2)(A) or designated under para-
graph (1)(B)(i); and 
‘‘(ii) subject to subparagraph (E), that 
a manufacturer of the chemical substance 
has requested, in a form and manner and 
using the criteria prescribed by the Admin-
istrator in the rule promulgated under sub-
paragraph (B), be subjected to a risk eval-
uation. 
‘‘(D) SCOPE.—The Administrator shall, not 
later than 6 months after the initiation of a risk 
evaluation, publish the scope of the risk evalua-
tion to be conducted, including the hazards, ex-
posures, conditions of use, and the potentially ex-
posed or susceptible subpopulations the Adminis-
trator expects to consider, and, for each designa-
tion of a high-priority substance, ensure not less 
than 12 months between the initiation of the 
prioritization process for the chemical substance 
and the publication of the scope of the risk eval-
uation for the chemical substance, and for risk 
evaluations conducted on chemical substances 
that have been identified under paragraph (2)(A) 
or selected under subparagraph (E)(iv)(II) of
this paragraph, ensure not less than 3 months 
before the Administrator publishes the scope of 
the risk evaluation. 
‘‘(E) LIMITATION AND CRITERIA.— 
‘‘(i) PERCENTAGE
REQUIREMENTS.— 
The Administrator shall ensure that, of the 
number of chemical substances that undergo 
a risk evaluation under clause (i) of sub-
paragraph (C), the number of chemical sub-
stances undergoing a risk evaluation under 
clause (ii) of subparagraph (C) is— 
‘‘(I) not less than 25 percent, if 
sufficient requests are made under 
clause (ii) of subparagraph (C); and 
‘‘(II) not more than 50 percent. 
‘‘(ii) 
REQUESTED
RISK
EVALUA-
TIONS.—Requests for risk evaluations under 
subparagraph (C)(ii) shall be subject to the 
payment of fees pursuant to section 26(b), 
and the Administrator shall not expedite or 
otherwise provide special treatment to such 
risk evaluations. 
‘‘(iii) 
PREFERENCE.—In 
deciding 
whether to grant requests under subpara-
graph (C)(ii), the Administrator shall give
preference to requests for risk evaluations on 
chemical substances for which the Adminis-
trator determines that restrictions imposed 
by 1 or more States have the potential to 
have a significant impact on interstate 
commerce or health or the environment. 
‘‘(iv) EXCEPTIONS.—(I) Chemical sub-
stances for which requests have been granted 
under subparagraph (C)(ii) shall not be 
subject to section 18(b). 
‘‘(II) Requests for risk evaluations on 
chemical substances which are made under 
subparagraph (C)(ii) and that are drawn 
from the 2014 update of the TSCA Work 
Plan for Chemical Assessments shall be 
granted at the discretion of the Adminis-
trator and not be subject to clause (i)(II). 
‘‘(F) REQUIREMENTS.—In conducting a 
risk evaluation under this subsection, the Admin-
istrator shall— 
‘‘(i) integrate and assess available in-
formation on hazards and exposures for the 
conditions of use of the chemical substance, 
including information that is relevant to 
specific risks of injury to health or the envi-
ronment and information on potentially ex-
posed or susceptible subpopulations identi-
fied as relevant by the Administrator; 
‘‘(ii) describe whether aggregate or sen-
tinel exposures to a chemical substance 
under the conditions of use were considered, 
and the basis for that consideration; 
‘‘(iii) not consider costs or other 
nonrisk factors; 
‘‘(iv) take into account, where relevant, 
the likely duration, intensity, frequency, 
and number of exposures under the condi-
tions of use of the chemical substance; and 
‘‘(v) describe the weight of the scientific 
evidence for the identified hazard and expo-
sure. 
‘‘(G) DEADLINES.—The Administrator— 
‘‘(i) shall complete a risk evaluation 
for a chemical substance as soon as prac-
ticable, but not later than 3 years after the 
date on which the Administrator initiates 
the risk evaluation under subparagraph (C); 
and 
‘‘(ii) may extend the deadline for a 
risk evaluation for not more than 6 months.
‘‘(H) NOTICE AND COMMENT.—The Admin-
istrator shall provide no less than 30 days public 
notice and an opportunity for comment on a 
draft risk evaluation prior to publishing a final 
risk evaluation.’’; 
(4) by amending subsection (c) to read as fol-
lows: 
‘‘(c) PROMULGATION OF SUBSECTION (a) RULES.— 
‘‘(1) DEADLINES.—If the Administrator deter-
mines that a chemical substance presents an unrea-
sonable risk of injury to health or the environment in 
accordance with subsection (b)(4)(A), the Adminis-
trator— 
‘‘(A) shall propose in the Federal Register a 
rule under subsection (a) for the chemical sub-
stance not later than 1 year after the date on 
which the final risk evaluation regarding the 
chemical substance is published; 
‘‘(B) shall publish in the Federal Register a 
final rule not later than 2 years after the date 
on which the final risk evaluation regarding the 
chemical substance is published; and 
‘‘(C) may extend the deadlines under this 
paragraph for not more than 2 years, subject to 
the condition that the aggregate length of exten-
sions under this subparagraph and subsection 
(b)(4)(G)(ii) does not exceed 2 years, and subject 
to the limitation that the Administrator may not 
extend a deadline for the publication of a pro-
posed or final rule regarding a chemical sub-
stance drawn from the 2014 update of the TSCA 
Work Plan for Chemical Assessments or a chem-
ical substance that, with respect to persistence 
and bioaccumulation, scores high for 1 and ei-
ther high or moderate for the other, pursuant to 
the TSCA Work Plan Chemicals Methods Docu-
ment published by the Administrator in Feb-
ruary 2012 (or a successor scoring system), with-
out adequate public justification that dem-
onstrates, following a review of the information 
reasonably available to the Administrator, that 
the Administrator cannot complete the proposed 
or final rule without additional information re-
garding the chemical substance. 
‘‘(2) REQUIREMENTS FOR RULE.— 
‘‘(A) STATEMENT
OF
EFFECTS.—In pro-
posing and promulgating a rule under subsection 
(a) with respect to a chemical substance or mix-
ture, the Administrator shall consider and pub-
lish a statement based on reasonably available 
information with respect to— 
‘‘(i) the effects of the chemical sub-
stance or mixture on health and the mag-
nitude of the exposure of human beings to 
the chemical substance or mixture; 
‘‘(ii) the effects of the chemical sub-
stance or mixture on the environment and 
the magnitude of the exposure of the envi-
ronment to such substance or mixture; 
‘‘(iii) the benefits of the chemical sub-
stance or mixture for various uses; and 
‘‘(iv) the reasonably ascertainable eco-
nomic consequences of the rule, including 
consideration of— 
‘‘(I) the likely effect of the rule on 
the national economy, small business, 
technological innovation, the environ-
ment, and public health; 
‘‘(II) the costs and benefits of the 
proposed and final regulatory action 
and of the 1 or more primary alter-
native regulatory actions considered by 
the Administrator; and
‘‘(III) the cost effectiveness of the 
proposed regulatory action and of the 1 
or more primary alternative regulatory 
actions considered by the Adminis-
trator. 
‘‘(B) SELECTING
REQUIREMENTS.—In se-
lecting among prohibitions and other restric-
tions, the Administrator shall factor in, to the 
extent practicable, the considerations under sub-
paragraph (A) in accordance with subsection 
(a). 
‘‘(C) CONSIDERATION OF ALTERNATIVES.— 
Based on the information published under sub-
paragraph (A), in deciding whether to prohibit 
or restrict in a manner that substantially pre-
vents a specific condition of use of a chemical 
substance or mixture, and in setting an appro-
priate transition period for such action, the Ad-
ministrator shall consider, to the extent prac-
ticable, whether technically and economically 
feasible alternatives that benefit health or the en-
vironment, compared to the use so proposed to be 
prohibited or restricted, will be reasonably avail-
able as a substitute when the proposed prohibi-
tion or other restriction takes effect.
‘‘(D) REPLACEMENT PARTS.— 
‘‘(i) IN GENERAL.—The Administrator 
shall exempt replacement parts for complex 
durable goods and complex consumer goods 
that are designed prior to the date of publi-
cation in the Federal Register of the rule 
under subsection (a), unless the Adminis-
trator finds that such replacement parts 
contribute significantly to the risk, identi-
fied in a risk evaluation conducted under 
subsection (b)(4)(A), to the general popu-
lation or to an identified potentially ex-
posed or susceptible subpopulation. 
‘‘(ii) DEFINITIONS.—In this subpara-
graph— 
‘‘(I) the term ‘complex consumer 
goods’ means electronic or mechanical 
devices composed of multiple manufac-
tured components, with an intended 
useful life of 3 or more years, where the 
product is typically not consumed, de-
stroyed, or discarded after a single use, 
and the components of which would be 
impracticable to redesign or replace; 
and
‘‘(II) the term ‘complex durable 
goods’ means manufactured goods com-
posed of 100 or more manufactured 
components, with an intended useful 
life of 5 or more years, where the prod-
uct is typically not consumed, de-
stroyed, or discarded after a single use. 
‘‘(E) ARTICLES.—In selecting among prohi-
bitions and other restrictions, the Administrator 
shall apply such prohibitions or other restric-
tions to an article or category of articles con-
taining the chemical substance or mixture only 
to the extent necessary to address the identified 
risks from exposure to the chemical substance or 
mixture from the article or category of articles so 
that the substance or mixture does not present an 
unreasonable risk of injury to health or the envi-
ronment identified in the risk evaluation con-
ducted in accordance with subsection (b)(4)(A). 
‘‘(3) PROCEDURES.—When prescribing a rule 
under subsection (a) the Administrator shall proceed 
in accordance with section 553 of title 5, United 
States Code (without regard to any reference in such 
section to sections 556 and 557 of such title), and 
shall also—
‘‘(A) publish a notice of proposed rule-
making stating with particularity the reason for 
the proposed rule; 
‘‘(B) allow interested persons to submit 
written data, views, and arguments, and make 
all such submissions publicly available; 
‘‘(C) promulgate a final rule based on the 
matter in the rulemaking record; and 
‘‘(D) make and publish with the rule the de-
termination described in subsection (a).’’; 
(5) in subsection (d)— 
(A) by redesignating paragraph (2) as 
paragraph (3); 
(B) by striking paragraph (1) and inserting 
the following: 
‘‘(1) IN GENERAL.—In any rule under subsection 
(a), the Administrator shall— 
‘‘(A) specify the date on which it shall take 
effect, which date shall be as soon as practicable; 
‘‘(B) except as provided in subparagraphs 
(C) and (D), specify mandatory compliance 
dates for all of the requirements under a rule 
under subsection (a), which shall be as soon as 
practicable, but not later than 5 years after the
date of promulgation of the rule, except in a case 
of a use exempted under subsection (g); 
‘‘(C) specify mandatory compliance dates 
for the start of ban or phase-out requirements 
under a rule under subsection (a), which shall be 
as soon as practicable, but not later than 5 years 
after the date of promulgation of the rule, except 
in the case of a use exempted under subsection 
(g); 
‘‘(D) specify mandatory compliance dates 
for full implementation of ban or phase-out re-
quirements under a rule under subsection (a), 
which shall be as soon as practicable; and 
‘‘(E) provide for a reasonable transition pe-
riod. 
‘‘(2) VARIABILITY.—As determined by the Ad-
ministrator, the compliance dates established under 
paragraph (1) may vary for different affected per-
sons.’’; and 
(C) in paragraph (3), as so redesignated by 
subparagraph (A) of this paragraph— 
(i) in subparagraph (A)— 
(I) by striking ‘‘upon its publica-
tion’’ and all that follows through ‘‘re-
specting such rule if’’ and inserting ‘‘,
and compliance with the proposed re-
quirements to be mandatory, upon 
publication in the Federal Register of 
the proposed rule and until the compli-
ance dates applicable to such require-
ments in a final rule promulgated 
under section 6(a) or until the Admin-
istrator revokes such proposed rule, in 
accordance with subparagraph (B), if’’; 
and 
(II) in clause (i)(I), by inserting 
‘‘without consideration of costs or other 
non-risk factors’’ after ‘‘effective date’’; 
and 
(ii) in subparagraph (B), by striking 
‘‘, provide reasonable opportunity’’ and all 
that follows through the period at the end 
and inserting ‘‘in accordance with sub-
section (c), and either promulgate such rule 
(as proposed or with modifications) or re-
voke it.’’; 
(6) in subsection (e)(4), by striking ‘‘paragraphs 
(2), (3), and (4)’’ and inserting ‘‘paragraph (3)’’; and 
(7) by adding at the end the following new sub-
sections:
‘‘(g) EXEMPTIONS.— 
‘‘(1) CRITERIA FOR EXEMPTION.—The Adminis-
trator may, as part of a rule promulgated under sub-
section (a), or in a separate rule, grant an exemption 
from a requirement of a subsection (a) rule for a spe-
cific condition of use of a chemical substance or mix-
ture, if the Administrator finds that— 
‘‘(A) the specific condition of use is a crit-
ical or essential use for which no technically and 
economically feasible safer alternative is avail-
able, taking into consideration hazard and expo-
sure; 
‘‘(B) compliance with the requirement, as 
applied with respect to the specific condition of 
use, would significantly disrupt the national 
economy, national security, or critical infra-
structure; or 
‘‘(C) the specific condition of use of the 
chemical substance or mixture, as compared to 
reasonably available alternatives, provides a sub-
stantial benefit to health, the environment, or 
public safety. 
‘‘(2) EXEMPTION ANALYSIS AND STATEMENT.—In 
proposing an exemption under this subsection, the 
Administrator shall analyze the need for the exemp-
tion, and shall make public the analysis and a state-
ment describing how the analysis was taken into ac-
count. 
‘‘(3) PERIOD
OF
EXEMPTION.—The Adminis-
trator shall establish, as part of a rule under this sub-
section, a time limit on any exemption for a time to 
be determined by the Administrator as reasonable on 
a case-by-case basis, and, by rule, may extend, mod-
ify, or eliminate an exemption if the Administrator 
determines, on the basis of reasonably available infor-
mation and after adequate public justification, the ex-
emption warrants extension or modification or is no 
longer necessary. 
‘‘(4) CONDITIONS.—As part of a rule promul-
gated under this subsection, the Administrator shall 
include conditions, including reasonable record-
keeping, monitoring, and reporting requirements, to 
the extent that the Administrator determines the con-
ditions are necessary to protect health and the envi-
ronment while achieving the purposes of the exemp-
tion. 
‘‘(h) CHEMICALS
THAT
ARE
PERSISTENT, BIO-
ACCUMULATIVE, AND TOXIC.— 
‘‘(1) EXPEDITED
ACTION.—Not later than 3 
years after the date of enactment of the Frank R.
Lautenberg Chemical Safety for the 21st Century Act, 
the Administrator shall propose rules under sub-
section (a) with respect to chemical substances identi-
fied in the 2014 update of the TSCA Work Plan for 
Chemical Assessments— 
‘‘(A) that the Administrator has a reason-
able basis to conclude are toxic and that with re-
spect to persistence and bioaccumulation score 
high for one and either high or moderate for the 
other, pursuant to the TSCA Work Plan Chemi-
cals Methods Document published by the Admin-
istrator in February 2012 (or a successor scoring 
system), and are not a metal or a metal com-
pound, and for which the Administrator has not 
completed a Work Plan Problem Formulation, 
initiated a review under section 5, or entered 
into a consent agreement under section 4, prior 
to the date of enactment of the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act; 
and 
‘‘(B) exposure to which under the conditions 
of use is likely to the general population or to a 
potentially exposed or susceptible subpopulation 
identified by the Administrator, or the environ-
ment, on the basis of an exposure and use assess-
ment conducted by the Administrator. 
‘‘(2) NO RISK EVALUATION REQUIRED.—The Ad-
ministrator shall not be required to conduct risk eval-
uations on chemical substances that are subject to 
paragraph (1). 
‘‘(3) FINAL RULE.—Not later than 18 months 
after proposing a rule pursuant to paragraph (1), the 
Administrator shall promulgate a final rule under 
subsection (a). 
‘‘(4) SELECTING
RESTRICTIONS.—In selecting 
among prohibitions and other restrictions promul-
gated in a rule under subsection (a) pursuant to 
paragraph (1), the Administrator shall address the 
risks of injury to health or the environment that the 
Administrator determines are presented by the chem-
ical substance and shall reduce exposure to the sub-
stance to the extent practicable. 
‘‘(5) RELATIONSHIP TO SUBSECTION (b).—If, at 
any time prior to the date that is 90 days after the 
date of enactment of the Frank R. Lautenberg Chem-
ical Safety for the 21st Century Act, the Adminis-
trator 
makes 
a 
designation 
under 
subsection 
(b)(1)(B)(i), or receives a request under subsection 
(b)(4)(C)(ii), such chemical substance shall not be
subject to this subsection, except that in selecting 
among prohibitions and other restrictions promul-
gated in a rule pursuant to subsection (a), the Ad-
ministrator shall both ensure that the chemical sub-
stance meets the rulemaking standard under sub-
section (a) and reduce exposure to the substance to the 
extent practicable. 
‘‘(i) FINAL AGENCY ACTION.—Under this section and 
subject to section 18— 
‘‘(1) a determination by the Administrator 
under subsection (b)(4)(A) that a chemical substance 
does not present an unreasonable risk of injury to 
health or the environment shall be issued by order 
and considered to be a final agency action, effective 
beginning on the date of issuance of the order; and 
‘‘(2) a final rule promulgated under subsection 
(a), including the associated determination by the Ad-
ministrator under subsection (b)(4)(A) that a chem-
ical substance presents an unreasonable risk of injury 
to health or the environment, shall be considered to be 
a final agency action, effective beginning on the date 
of promulgation of the final rule. 
‘‘(j) DEFINITION.—For the purposes of this Act, the 
term ‘requirement’ as used in this section shall not displace 
statutory or common law.’’.
SEC. 7. IMMINENT HAZARDS. 
Section 7 of the Toxic Substances Control Act (15 
U.S.C. 2606) is amended— 
(1) in subsection (b)(1), by inserting ‘‘(as identi-
fied by the Administrator without consideration of 
costs or other nonrisk factors)’’ after ‘‘from the unrea-
sonable risk’’; and 
(2) in subsection (f), by inserting ‘‘, without con-
sideration of costs or other nonrisk factors’’ after 
‘‘widespread injury to health or the environment’’. 
SEC. 8. REPORTING AND RETENTION OF INFORMATION. 
(a) IN GENERAL.—Section 8 of the Toxic Substances 
Control Act (15 U.S.C. 2607) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking the mat-
ter that follows subparagraph (G); 
(B) in paragraph (3), by adding at the end 
the following: 
‘‘(C) Not later than 180 days after the date of enact-
ment of the Frank R. Lautenberg Chemical Safety for the 
21st Century Act, and not less frequently than once every 
10 years thereafter, the Administrator, after consultation 
with the Administrator of the Small Business Administra-
tion, shall— 
‘‘(i) review the adequacy of the standards pre-
scribed under subparagraph (B); and
‘‘(ii) after providing public notice and an oppor-
tunity for comment, make a determination as to 
whether revision of the standards is warranted.’’; and 
(C) by adding at the end the following: 
‘‘(4) CONTENTS.—The rules promulgated pursu-
ant to paragraph (1)— 
‘‘(A) may impose differing reporting and 
recordkeeping requirements on manufacturers 
and processors; and 
‘‘(B) shall include the level of detail nec-
essary to be reported, including the manner by 
which use and exposure information may be re-
ported. 
‘‘(5) ADMINISTRATION.—In carrying out this sec-
tion, the Administrator shall, to the extent feasible— 
‘‘(A) not require reporting which is unnec-
essary or duplicative; 
‘‘(B) minimize the cost of compliance with 
this section and the rules issued thereunder on 
small manufacturers and processors; and 
‘‘(C) apply any reporting obligations to 
those persons likely to have information relevant 
to the effective implementation of this title. 
‘‘(6) NEGOTIATED RULEMAKING.—(A) The Ad-
ministrator shall enter into a negotiated rulemaking
pursuant to subchapter III of chapter 5 of title 5, 
United States Code, to develop and publish, not later 
than 3 years after the date of enactment of the Frank 
R. Lautenberg Chemical Safety for the 21st Century 
Act, a proposed rule providing for limiting the report-
ing requirements, under this subsection, for manufac-
turers of any inorganic byproducts, when such by-
products, whether by the byproduct manufacturer or 
by any other person, are subsequently recycled, re-
used, or reprocessed. 
‘‘(B) Not later than 3 and one-half years after 
such date of enactment, the Administrator shall pub-
lish a final rule resulting from such negotiated rule-
making.’’; and 
(2) in subsection (b), by adding at the end the 
following: 
‘‘(3) NOMENCLATURE.— 
‘‘(A) IN GENERAL.—In carrying out para-
graph (1), the Administrator shall— 
‘‘(i) maintain the use of Class 2 no-
menclature in use on the date of enactment 
of the Frank R. Lautenberg Chemical Safe-
ty for the 21st Century Act; 
‘‘(ii) maintain the use of the Soap and 
Detergent Association Nomenclature Sys-
tem, published in March 1978 by the Ad-
ministrator in section 1 of addendum III of 
the document entitled ‘Candidate List of 
Chemical Substances’, and further described 
in the appendix A of volume I of the 1985 
edition of the Toxic Substances Control Act 
Substances Inventory (EPA Document No. 
EPA–560/7–85–002a); and 
‘‘(iii) treat the individual members of 
the categories of chemical substances identi-
fied by the Administrator as statutory mix-
tures, as defined in Inventory descriptions 
established by the Administrator, as being 
included on the list established under para-
graph (1). 
‘‘(B) 
MULTIPLE
NOMENCLATURE
LIST-
INGS.—If a manufacturer or processor dem-
onstrates to the Administrator that a chemical 
substance appears multiple times on the list pub-
lished under paragraph (1) under different CAS 
numbers, the Administrator may recognize the 
multiple listings as a single chemical substance. 
‘‘(4) CHEMICAL SUBSTANCES IN COMMERCE.— 
‘‘(A) RULES.—
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
Frank R. Lautenberg Chemical Safety for 
the 21st Century Act, the Administrator, by 
rule, shall require manufacturers, and may 
require processors, subject to the limitations 
under subsection (a)(5)(A), to notify the Ad-
ministrator, by not later than 180 days 
after the date on which the final rule is 
published in the Federal Register, of each 
chemical substance on the list published 
under paragraph (1) that the manufacturer 
or processor, as applicable, has manufac-
tured or processed for a nonexempt commer-
cial purpose during the 10-year period end-
ing on the day before the date of enactment 
of the Frank R. Lautenberg Chemical Safe-
ty for the 21st Century Act. 
‘‘(ii) ACTIVE
SUBSTANCES.—The Ad-
ministrator shall designate chemical sub-
stances for which notices are received under 
clause (i) to be active substances on the list 
published under paragraph (1). 
‘‘(iii) 
INACTIVE
SUBSTANCES.—The 
Administrator shall designate chemical sub-
subparagraph (A) that includes such re-
quest; 
‘‘(iii) require the substantiation of 
those claims pursuant to section 14 and in 
accordance with the review plan described 
in subparagraph (C); and 
‘‘(iv) move any active chemical sub-
stance for which no request was received to 
maintain an existing claim for protection 
against disclosure of the specific chemical 
identity of the chemical substance as con-
fidential from the confidential portion of the 
list published under paragraph (1) to the 
nonconfidential portion of that list. 
‘‘(C) REVIEW PLAN.—Not later than 1 year 
after the date on which the Administrator com-
piles the initial list of active substances pursuant 
to subparagraph (A), the Administrator shall 
promulgate a rule that establishes a plan to re-
view all claims to protect the specific chemical 
identities of chemical substances on the confiden-
tial portion of the list published under para-
graph (1) that are asserted pursuant to subpara-
graph (B).
‘‘(D) REQUIREMENTS OF REVIEW PLAN.—In 
establishing the review plan under subparagraph 
(C), the Administrator shall— 
‘‘(i) require, at a time specified by the 
Administrator, all manufacturers or proc-
essors asserting claims under subparagraph 
(B) to substantiate the claim, in accordance 
with section 14, unless the manufacturer or 
processor has substantiated the claim in a 
submission made to the Administrator dur-
ing the 5-year period ending on the last day 
of the of the time period specified by the Ad-
ministrator; and 
‘‘(ii) in accordance with section 14— 
‘‘(I) review each substantiation— 
‘‘(aa) submitted pursuant to 
clause (i) to determine if the 
claim qualifies for protection from 
disclosure; and 
‘‘(bb) submitted previously 
by a manufacturer or processor 
and relied on in lieu of the sub-
stantiation required pursuant to 
clause (i), if the substantiation 
has not been previously reviewed
by the Administrator, to deter-
mine if the claim warrants pro-
tection from disclosure; 
‘‘(II) approve, approve in part 
and deny in part, or deny each claim; 
and 
‘‘(III) except as provided in this 
section and section 14, protect from 
disclosure information for which the 
Administrator approves such a claim 
for a period of 10 years, unless, prior 
to the expiration of the period— 
‘‘(aa) the person notifies the 
Administrator that the person is 
withdrawing the claim, in which 
case the Administrator shall not 
protect the information from dis-
closure; or 
‘‘(bb) the Administrator oth-
erwise becomes aware that the in-
formation does not qualify for 
protection 
from 
disclosure, 
in 
which 
case 
the 
Administrator 
shall take the actions described in 
section 14(g)(2).
‘‘(E) TIMELINE FOR COMPLETION OF RE-
VIEWS.— 
‘‘(i) IN GENERAL.—The Administrator 
shall implement the review plan so as to 
complete reviews of all claims specified in 
subparagraph (C) not later than 5 years 
after the date on which the Administrator 
compiles the initial list of active substances 
pursuant to subparagraph (A). 
‘‘(ii) CONSIDERATIONS.— 
‘‘(I) IN GENERAL.—The Adminis-
trator may extend the deadline for 
completion of the reviews for not more 
than 2 additional years, after an ade-
quate public justification, if the Ad-
ministrator determines that the exten-
sion is necessary based on the number 
of claims needing review and the avail-
able resources. 
‘‘(II) ANNUAL REVIEW GOAL AND 
RESULTS.—At the beginning of each 
year, the Administrator shall publish 
an annual goal for reviews and the 
number of reviews completed in the 
prior year.
‘‘(5) ACTIVE AND INACTIVE SUBSTANCES.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall keep designations of active substances and 
inactive substances on the list published under 
paragraph (1) current. 
‘‘(B) CHANGE TO ACTIVE STATUS.— 
‘‘(i) IN
GENERAL.—Any person that 
intends to manufacture or process for a 
nonexempt commercial purpose a chemical 
substance that is designated as an inactive 
substance shall notify the Administrator be-
fore the date on which the inactive sub-
stance is manufactured or processed. 
‘‘(ii) CONFIDENTIAL CHEMICAL IDEN-
TITY.—If a person submitting a notice 
under clause (i) for an inactive substance 
on the confidential portion of the list pub-
lished under paragraph (1) seeks to main-
tain an existing claim for protection 
against disclosure of the specific chemical 
identity of the inactive substance as con-
fidential, the person shall, consistent with 
the requirements of section 14— 
‘‘(I) in the notice submitted under 
clause (i), assert the claim; and
‘‘(II) by not later than 30 days 
after providing the notice under clause 
(i), substantiate the claim. 
‘‘(iii) ACTIVE STATUS.—On receiving a 
notification under clause (i), the Adminis-
trator shall— 
‘‘(I) 
designate 
the 
applicable 
chemical substance as an active sub-
stance; 
‘‘(II) pursuant to section 14, 
promptly review any claim and associ-
ated substantiation submitted pursu-
ant to clause (ii) for protection against 
disclosure of the specific chemical iden-
tity of the chemical substance and ap-
prove, approve in part and deny in 
part, or deny the claim; 
‘‘(III) except as provided in this 
section and section 14, protect from 
disclosure the specific chemical identity 
of the chemical substance for which the 
Administrator approves a claim under 
subclause (II) for a period of 10 years, 
unless, prior to the expiration of the 
period—
‘‘(aa) the person notifies the 
Administrator that the person is 
withdrawing the claim, in which 
case the Administrator shall not 
protect the information from dis-
closure; or 
‘‘(bb) the Administrator oth-
erwise becomes aware that the in-
formation does not qualify for 
protection 
from 
disclosure, 
in 
which 
case 
the 
Administrator 
shall take the actions described in 
section 14(g)(2); and 
‘‘(IV) pursuant to section 6(b), re-
view the priority of the chemical sub-
stance as the Administrator determines 
to be necessary. 
‘‘(C) CATEGORY STATUS.—The list of inac-
tive substances shall not be considered to be a 
category for purposes of section 26(c). 
‘‘(6) INTERIM LIST OF ACTIVE SUBSTANCES.— 
Prior to the promulgation of the rule required under 
paragraph (4)(A), the Administrator shall designate 
the chemical substances reported under part 711 of 
title 40, Code of Federal Regulations (as in effect on
the date of enactment of the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act), during the 
reporting period that most closely preceded the date 
of enactment of the Frank R. Lautenberg Chemical 
Safety for the 21st Century Act, as the interim list 
of active substances for the purposes of section 6(b). 
‘‘(7) PUBLIC INFORMATION.—Subject to this sub-
section and section 14, the Administrator shall make 
available to the public— 
‘‘(A) each specific chemical identity on the 
nonconfidential portion of the list published 
under paragraph (1) along with the Administra-
tor’s designation of the chemical substance as an 
active or inactive substance; 
‘‘(B) the unique identifier assigned under 
section 14, accession number, generic name, and, 
if applicable, premanufacture notice case number 
for each chemical substance on the confidential 
portion of the list published under paragraph (1) 
for which a claim of confidentiality was received; 
and 
‘‘(C) the specific chemical identity of any 
active substance for which— 
‘‘(i) a claim for protection against dis-
closure of the specific chemical identity of
the active substance was not asserted, as re-
quired under this subsection or section 14; 
‘‘(ii) all claims for protection against 
disclosure of the specific chemical identity 
of the active substance have been denied by 
the Administrator; or 
‘‘(iii) the time period for protection 
against disclosure of the specific chemical 
identity of the active substance has expired. 
‘‘(8) LIMITATION.—No person may assert a new 
claim under this subsection or section 14 for protec-
tion from disclosure of a specific chemical identity of 
any active or inactive substance for which a notice is 
received under paragraph (4)(A)(i) or (5)(B)(i) that 
is not on the confidential portion of the list published 
under paragraph (1). 
‘‘(9) CERTIFICATION.—Under the rules promul-
gated under this subsection, manufacturers and proc-
essors, as applicable, shall be required— 
‘‘(A) to certify that each notice or substan-
tiation the manufacturer or processor submits 
complies with the requirements of the rule, and 
that any confidentiality claims are true and cor-
rect; and
‘‘(B) to retain a record documenting com-
pliance with the rule and supporting confiden-
tiality claims for a period of 5 years beginning 
on the last day of the submission period.’’. 
(b) MERCURY INVENTORY.—Section 8(b) of the Toxic 
Substances Control Act (15 U.S.C. 2607(b)) (as amended 
by subsection (a)) is further amended by adding at the end 
the following: 
‘‘(10) MERCURY.— 
‘‘(A) DEFINITION
OF
MERCURY.—In this 
paragraph, notwithstanding section 3(2)(B), the 
term ‘mercury’ means— 
‘‘(i) elemental mercury; and 
‘‘(ii) a mercury compound. 
‘‘(B) PUBLICATION.—Not later than April 
1, 2017, and every 3 years thereafter, the Admin-
istrator shall carry out and publish in the Fed-
eral Register an inventory of mercury supply, 
use, and trade in the United States. 
‘‘(C) PROCESS.—In carrying out the inven-
tory under subparagraph (B), the Administrator 
shall— 
‘‘(i) identify any manufacturing proc-
esses or products that intentionally add 
mercury; and
‘‘(ii) recommend actions, including 
proposed revisions of Federal law or regula-
tions, to achieve further reductions in mer-
cury use. 
‘‘(D) REPORTING.— 
‘‘(i) IN
GENERAL.—To assist in the 
preparation of the inventory under sub-
paragraph (B), any person who manufac-
tures mercury or mercury-added products or 
otherwise intentionally uses mercury in a 
manufacturing process shall make periodic 
reports to the Administrator, at such time 
and including such information as the Ad-
ministrator shall determine by rule promul-
gated not later than 2 years after the date 
of enactment of this paragraph. 
‘‘(ii) COORDINATION.—To avoid dupli-
cation, the Administrator shall coordinate 
the reporting under this subparagraph with 
the Interstate Mercury Education and Re-
duction Clearinghouse. 
‘‘(iii) EXEMPTION.—Clause (i) shall 
not apply to a person engaged in the gen-
eration, handling, or management of mer-
cury-containing waste, unless that person
manufactures or recovers mercury in the 
management of that waste.’’. 
SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS. 
Section 9 of the Toxic Substances Control Act (15 
U.S.C. 2608) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘has reasonable basis to 
conclude’’ and inserting ‘‘determines’’; 
(ii) by striking ‘‘or will present’’; and 
(iii) by inserting ‘‘, without consider-
ation of costs or other nonrisk factors, in-
cluding an unreasonable risk to a poten-
tially exposed or susceptible subpopulation 
identified as relevant by the Administrator, 
under the conditions of use,’’ after ‘‘or the 
environment’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘, within the time period specified by the 
Administrator in the report,’’ after ‘‘issues 
an order’’; and 
(ii) in subparagraph (B), by inserting 
‘‘responds within the time period specified
by the Administrator in the report and’’ be-
fore ‘‘initiates, within 90’’; 
(C) by redesignating paragraph (3) as 
paragraph (6); and 
(D) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) The Administrator shall take the actions described 
in paragraph (4) if the Administrator makes a report under 
paragraph (1) with respect to a chemical substance or mix-
ture and the agency to which the report was made does 
not— 
‘‘(A) issue the order described in paragraph 
(2)(A) within the time period specified by the Admin-
istrator in the report; or 
‘‘(B)(i) respond under paragraph (1) within the 
timeframe specified by the Administrator in the re-
port; and 
‘‘(ii) initiate action within 90 days of publica-
tion in the Federal Register of the response described 
in clause (i). 
‘‘(4) If an agency to which a report is submitted under 
paragraph (1) does not take the actions described in sub-
paragraph (A) or (B) of paragraph (3), the Administrator 
shall—
‘‘(A) initiate or complete appropriate action 
under section 6; or 
‘‘(B) take any action authorized or required 
under section 7, as applicable. 
‘‘(5) This subsection shall not relieve the Administrator 
of any obligation to take any appropriate action under sec-
tion 6(a) or 7 to address risks from the manufacture, proc-
essing, distribution in commerce, use, or disposal of a chem-
ical substance or mixture, or any combination of those ac-
tivities, that are not identified in a report issued by the 
Administrator under paragraph (1).’’; 
(2) in subsection (b)— 
(A) by striking ‘‘The Administrator shall 
coordinate’’ and inserting ‘‘(1) The Adminis-
trator shall coordinate’’; and 
(B) by adding at the end the following: 
‘‘(2) In making a determination under paragraph (1) 
that it is in the public interest for the Administrator to 
take an action under this title with respect to a chemical 
substance or mixture rather than under another law admin-
istered in whole or in part by the Administrator, the Ad-
ministrator shall consider, based on information reasonably 
available to the Administrator, all relevant aspects of the 
risk described in paragraph (1) and a comparison of the 
estimated costs and efficiencies of the action to be taken
under this title and an action to be taken under such other 
law to protect against such risk.’’; and 
(3) by adding at the end the following: 
‘‘(e) EXPOSURE INFORMATION.—In addition to the re-
quirements of subsection (a), if the Administrator obtains 
information related to exposures or releases of a chemical 
substance or mixture that may be prevented or reduced 
under another Federal law, including a law not adminis-
tered by the Administrator, the Administrator shall make 
such information available to the relevant Federal agency 
or office of the Environmental Protection Agency.’’. 
SEC. 10. EXPORTS. 
(a) IN GENERAL.—Section 12(a)(2) of the Toxic Sub-
stances Control Act (15 U.S.C. 2611(a)(2)) is amended by 
striking ‘‘will present’’ and inserting ‘‘presents’’. 
(b) PROHIBITION ON EXPORT OF CERTAIN MERCURY 
COMPOUNDS.—Section 12(c) of the Toxic Substances Con-
trol Act (15 U.S.C. 2611(c)) is amended— 
(1) in the subsection heading, by inserting ‘‘AND 
MERCURY COMPOUNDS’’ after ‘‘MERCURY’’; and 
(2) by adding at the end the following: 
‘‘(7) PROHIBITION ON EXPORT OF CERTAIN MER-
CURY COMPOUNDS.—
‘‘(A) IN
GENERAL.—Effective January 1, 
2020, the export of the following mercury com-
pounds is prohibited: 
‘‘(i) Mercury (I) chloride or calomel. 
‘‘(ii) Mercury (II) oxide. 
‘‘(iii) Mercury (II) sulfate. 
‘‘(iv) Mercury (II) nitrate. 
‘‘(v) Cinnabar or mercury sulphide. 
‘‘(vi) Any mercury compound that the 
Administrator adds to the list published 
under subparagraph (B) by rule, on deter-
mining that exporting that mercury com-
pound for the purpose of regenerating ele-
mental mercury is technically feasible. 
‘‘(B) PUBLICATION.—Not later than 90 
days after the date of enactment of the Frank R. 
Lautenberg Chemical Safety for the 21st Century 
Act, and as appropriate thereafter, the Adminis-
trator shall publish in the Federal Register a list 
of the mercury compounds that are prohibited 
from export under this paragraph. 
‘‘(C) PETITION.—Any person may petition 
the Administrator to add a mercury compound 
to the list published under subparagraph (B).
‘‘(D) 
ENVIRONMENTALLY
SOUND
DIS-
POSAL.—This paragraph does not prohibit the 
export of mercury compounds on the list pub-
lished under subparagraph (B) to member coun-
tries of the Organization for Economic Co-oper-
ation and Development for environmentally 
sound disposal, on the condition that no mercury 
or mercury compounds so exported are to be re-
covered, recycled, or reclaimed for use, or directly 
reused, after such export. 
‘‘(E) REPORT.—Not later than 5 years after 
the date of enactment of the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act, 
the Administrator shall evaluate any exports of 
mercury compounds on the list published under 
subparagraph (B) for disposal that occurred 
after such date of enactment and shall submit to 
Congress a report that— 
‘‘(i) describes volumes and sources of 
mercury compounds on the list published 
under subparagraph (B) exported for dis-
posal; 
‘‘(ii) identifies receiving countries of 
such exports;
‘‘(iii) describes methods of disposal 
used after such export; 
‘‘(iv) identifies issues, if any, presented 
by the export of mercury compounds on the 
list published under subparagraph (B); 
‘‘(v) includes an evaluation of manage-
ment options in the United States for mer-
cury compounds on the list published under 
subparagraph (B), if any, that are commer-
cially available and comparable in cost and 
efficacy to methods being utilized in such 
receiving countries; and 
‘‘(vi) makes a recommendation regard-
ing whether Congress should further limit or 
prohibit the export of mercury compounds 
on the list published under subparagraph 
(B) for disposal. 
‘‘(F) EFFECT ON OTHER LAW.—Nothing in 
this paragraph shall be construed to affect the 
authority of the Administrator under the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.).’’. 
(c) TEMPORARY GENERATOR ACCUMULATION.—Sec-
tion 5 of the Mercury Export Ban Act of 2008 (42 U.S.C. 
6939f) is amended—
(1) in subsection (a)(2), by striking ‘‘2013’’ and 
inserting ‘‘2019’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by redesignating subparagraphs 
(A), (B), and (C), as clauses (i), (ii), and 
(iii), respectively and indenting appro-
priately; 
(ii) in the first sentence, by striking 
‘‘After consultation’’ and inserting the fol-
lowing: 
‘‘(A) ASSESSMENT AND COLLECTION.—After 
consultation’’; 
(iii) in the second sentence, by striking 
‘‘The amount of such fees’’ and inserting the 
following: 
‘‘(B) AMOUNT.—The amount of the fees de-
scribed in subparagraph (A)’’; 
(iv) in subparagraph (B) (as so des-
ignated)— 
(I) in clause (i) (as so redesig-
nated), by striking ‘‘publically avail-
able not later than October 1, 2012’’ 
and inserting ‘‘publicly available not 
later than October 1, 2018’’;
(II) in clause (ii) (as so redesig-
nated), by striking ‘‘and’’; 
(III) in clause (iii) (as so redesig-
nated), by striking the period at the 
end and inserting ‘‘, subject to clause 
(iv); and’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(iv) for generators temporarily accu-
mulating elemental mercury in a facility 
subject to subparagraphs (B) and (D)(iv) of 
subsection (g)(2) if the facility designated 
in subsection (a) is not operational by Jan-
uary 1, 2019, shall be adjusted to subtract 
the cost of the temporary accumulation dur-
ing the period in which the facility des-
ignated under subsection (a) is not oper-
ational.’’; and 
(v) by adding at the end the following: 
‘‘(C) CONVEYANCE OF TITLE AND PERMIT-
TING.—If the facility designated in subsection 
(a) is not operational by January 1, 2020, the 
Secretary— 
‘‘(i) shall immediately accept the con-
veyance of title to all elemental mercury
that has accumulated in facilities in accord-
ance with subsection (g)(2)(D), before Janu-
ary 1, 2020, and deliver the accumulated 
mercury to the facility designated under 
subsection (a) on the date on which the fa-
cility becomes operational; 
‘‘(ii) shall pay any applicable Federal 
permitting costs, including the costs for per-
mits issued under section 3005(c) of the 
Solid Waste Disposal Act (42 U.S.C. 
6925(c)); and 
‘‘(iii) shall store, or pay the cost of 
storage of, until the time at which a facility 
designated in subsection (a) is operational, 
accumulated mercury to which the Sec-
retary has title under this subparagraph in 
a facility that has been issued a permit 
under section 3005(c) of the Solid Waste 
Disposal Act (42 U.S.C. 6925(c)).’’; and 
(B) in paragraph (2), in the first sentence, 
by striking ‘‘paragraph (1)(C)’’ and inserting 
‘‘paragraph (1)(B)(iii)’’; and 
(3) in subsection (g)(2)—
(A) in the undesignated material at the end, 
by striking ‘‘This subparagraph’’ and inserting 
the following: 
‘‘(C) Subparagraph (B)’’; 
(B) in subparagraph (C) (as designated by 
subparagraph (A)), by inserting ‘‘of that sub-
paragraph’’ before the period at the end; and 
(C) by adding at the end the following: 
‘‘(D) A generator producing elemental mer-
cury incidentally from the beneficiation or proc-
essing of ore or related pollution control activi-
ties may accumulate the mercury produced on-
site that is destined for a facility designated by 
the Secretary under subsection (a) for more than 
90 days without a permit issued under section 
3005(c) of the Solid Waste Disposal Act (42 
U.S.C. 6925(c)), and shall not be subject to the 
storage prohibition of section 3004(j) of that Act 
(42 U.S.C. 6924(j)), if— 
‘‘(i) the Secretary is unable to accept 
the mercury at a facility designated by the 
Secretary under subsection (a) for reasons 
beyond the control of the generator; 
‘‘(ii) the generator certifies in writing 
to the Secretary that the generator will ship
the mercury to a designated facility when 
the Secretary is able to accept the mercury; 
‘‘(iii) the generator certifies in writing 
to the Secretary that the generator is stor-
ing only mercury the generator has pro-
duced or recovered onsite and will not sell, 
or otherwise place into commerce, the mer-
cury; and 
‘‘(iv) the generator has obtained an 
identification number under section 262.12 
of title 40, Code of Federal Regulations, and 
complies with the requirements described in 
paragraphs (1) through (4) of section 
262.34(a) of title 40, Code of Federal Regu-
lations (as in effect on the date of enactment 
of this subparagraph). 
‘‘(E) MANAGEMENT STANDARDS FOR TEM-
PORARY STORAGE.—Not later than January 1, 
2017, the Secretary, after consultation with the 
Administrator of the Environmental Protection 
Agency and State agencies in affected States, 
shall develop and make available guidance that 
establishes procedures and standards for the 
management and short-term storage of elemental 
mercury at a generator covered under subpara-
graph (D), including requirements to ensure ap-
propriate use of flasks or other suitable con-
tainers. Such procedures and standards shall be 
protective of health and the environment and 
shall ensure that the elemental mercury is stored 
in a safe, secure, and effective manner. A gener-
ator may accumulate mercury in accordance 
with subparagraph (D) immediately upon enact-
ment of this subparagraph, and notwithstanding 
that guidance called for by this paragraph has 
not been developed or made available.’’. 
(d) INTERIM STATUS.—Section 5(d)(1) of the Mercury 
Export Ban Act of 2008 (42 U.S.C. 6939f(d)(1)) is amend-
ed— 
(1) in the fourth sentence, by striking ‘‘in exist-
ence on or before January 1, 2013,’’; and 
(2) in the last sentence, by striking ‘‘January 1, 
2015’’ and inserting ‘‘January 1, 2020’’. 
SEC. 11. CONFIDENTIAL INFORMATION. 
Section 14 of the Toxic Substances Control Act (15 
U.S.C. 2613) is amended to read as follows: 
‘‘SEC. 14. CONFIDENTIAL INFORMATION. 
‘‘(a) IN GENERAL.—Except as provided in this section, 
the Administrator shall not disclose information that is ex-
empt from disclosure pursuant to subsection (a) of section
552 of title 5, United States Code, by reason of subsection 
(b)(4) of that section— 
‘‘(1) that is reported to, or otherwise obtained by, 
the Administrator under this Act; and 
‘‘(2) for which the requirements of subsection (c) 
are met. 
In any proceeding under section 552(a) of title 5, United 
States Code, to obtain information the disclosure of which 
has been denied because of the provisions of this subsection, 
the Administrator may not rely on section 552(b)(3) of such 
title to sustain the Administrator’s action. 
‘‘(b) INFORMATION NOT PROTECTED FROM DISCLO-
SURE.— 
‘‘(1) MIXED CONFIDENTIAL AND NONCONFIDEN-
TIAL
INFORMATION.—Information that is protected 
from disclosure under this section, and which is 
mixed with information that is not protected from 
disclosure under this section, does not lose its protec-
tion from disclosure notwithstanding that it is mixed 
with information that is not protected from disclo-
sure. 
‘‘(2) INFORMATION FROM HEALTH AND SAFETY 
STUDIES.—Subsection (a) does not prohibit the disclo-
sure of—
‘‘(A) any health and safety study which is 
submitted under this Act with respect to— 
‘‘(i) any chemical substance or mixture 
which, on the date on which such study is 
to be disclosed has been offered for commer-
cial distribution; or 
‘‘(ii) any chemical substance or mix-
ture for which testing is required under sec-
tion 4 or for which notification is required 
under section 5; and 
‘‘(B) any information reported to, or other-
wise obtained by, the Administrator from a 
health and safety study which relates to a chem-
ical substance or mixture described in clause (i) 
or (ii) of subparagraph (A). 
This paragraph does not authorize the disclosure of 
any information, including formulas (including mo-
lecular structures) of a chemical substance or mixture, 
that discloses processes used in the manufacturing or 
processing of a chemical substance or mixture or, in 
the case of a mixture, the portion of the mixture com-
prised by any of the chemical substances in the mix-
ture.
‘‘(3) OTHER
INFORMATION
NOT
PROTECTED 
FROM DISCLOSURE.—Subsection (a) does not prohibit 
the disclosure of— 
‘‘(A) any general information describing the 
manufacturing volumes, expressed as specific ag-
gregated volumes or, if the Administrator deter-
mines that disclosure of specific aggregated vol-
umes would reveal confidential information, ex-
pressed in ranges; or 
‘‘(B) a general description of a process used 
in the manufacture or processing and industrial, 
commercial, or consumer functions and uses of a 
chemical substance, mixture, or article con-
taining a chemical substance or mixture, includ-
ing information specific to an industry or indus-
try sector that customarily would be shared with 
the general public or within an industry or in-
dustry sector. 
‘‘(4) BANS AND PHASE-OUTS.— 
‘‘(A) IN
GENERAL.—If the Administrator 
promulgates a rule pursuant to section 6(a) that 
establishes a ban or phase-out of a chemical sub-
stance or mixture, the protection from disclosure 
of any information under this section with re-
spect to the chemical substance or mixture shall
‘‘(2) INFORMATION GENERALLY NOT SUBJECT TO 
SUBSTANTIATION
REQUIREMENTS.—Subject to sub-
section (f), the following information shall not be sub-
ject to substantiation requirements under paragraph 
(3): 
‘‘(A) Specific information describing the 
processes used in manufacture or processing of a 
chemical substance, mixture, or article. 
‘‘(B) Marketing and sales information. 
‘‘(C) Information identifying a supplier or 
customer. 
‘‘(D) In the case of a mixture, details of the 
full composition of the mixture and the respec-
tive percentages of constituents. 
‘‘(E) Specific information regarding the 
use, function, or application of a chemical sub-
stance or mixture in a process, mixture, or arti-
cle. 
‘‘(F) Specific production or import volumes 
of the manufacturer or processor. 
‘‘(G) Prior to the date on which a chemical 
substance is first offered for commercial distribu-
tion, the specific chemical identity of the chem-
ical substance, including the chemical name, mo-
lecular formula, Chemical Abstracts Service