TITLE I—TOXICS REPORTING
AND PUBLIC RIGHT TO KNOW
SEC. 101. PUBLIC RIGHT-TO-KNOW REPORTING.
(a) Section 313(g)(1)(C) of the Emergency Planning
and 
Community 
Right-To-Know 
Act 
(42 
U.S.C.
11023(g)(1)(C)) is amended by inserting at the end the
following:
‘‘(v) Number of employees, including contrac-
tors, at the reporting facility; number of employees,
including contractors, at the reporting facility ex-
posed to the chemical; and an estimate of occupa-
tional exposures to the chemical during the preced-
ing calendar year.
‘‘(vi) In accordance with the definitions and re-
quirements of the Pollution Prevention Act, the
quantity of the toxic chemical reduced prior to recy-
cling, treatment, disposal, or release to the environ-
ment as a result of the following: equipment or tech-
nology modifications; process or procedure modifica-
tions; reformulation or redesign of products; substi-
tution of raw materials; and improvements in house-
keeping, maintenance, training, or inventory control.
‘‘(vii) Annual materials accounting informa-
tion.’’.
(b)(1) Within 12 months after the enactment of this
Act, the Administrator of the Environmental Protection
Agency shall promulgate regulations requiring submission
of annual materials accounting information pursuant to
this Act. At a minimum, such requirements shall include
the following:
(A) A description of the use of the chemical at
the facility.
(B) The starting inventory of the chemical at
the facility.
(C) The quantity of the chemical produced at
the facility.
(D) The quantity of the chemical brought into
the facility.
(E) The quantity of the chemical consumed at
the facility.
(F) The quantity of the chemical shipped out of
the facility as or in products.
(G) The quantity of the chemical reported
under section 6607(b) of the Pollution Prevention
Act.
(H) The ending inventory of the chemical at the
facility.
(2) Such regulations shall require that quantities re-
ported are complete and verifiable by computations under
conventional materials accounting practices.
(c) The Administrator shall integrate the reporting
requirements under the Emergency Planning and Commu-
nity Right-To-Know Act (42 U.S.C. 11001 et seq.), the
Pollution Prevention Act of 1990 (42 U.S.C. 12101 et
seq.), and this Act.
SEC. 102. REPORTING ON HIGHLY TOXIC CHEMICALS.
(a) Section 313(f)(1) of the Emergency Planning and
Community Right-To-Know Act (42 U.S.C. 11023(f)(1))
is amended by striking subparagraphs (A) and (B) and
inserting the following:
‘‘(A) With respect to a toxic chemical manufac-
tured, processed or otherwise used at a facility,
10,000 pounds of the toxic chemical per year.
‘‘(B)(i) Within 24 months of enactment of the
Public Right-To-Know and Children’s Environ-
mental Health Protection Act, the Administrator
shall establish additional or revised thresholds for
reporting under this section for the following highly
toxic chemicals:
‘‘(I) Persistent toxic substances including
but not limited to dioxin and the following
heavy metals: cadmium, chromium, lead, and
mercury.
‘‘(II) Bioaccumulative substances including
but not limited to substances listed as bio-
accumulative chemicals of concern at 60 Fed-
eral Register 15393.
Any chemical for which a threshold is established
under this subparagraph shall be considered a cov-
ered toxic chemical under section 313(c).
‘‘(ii) The Administrator may establish addi-
tional or revised thresholds for reporting under this
section for highly toxic chemicals. A chemical which
is bioaccumulative or potentially bioaccumulative,
has a tendency to persist in the environment, or
poses a significant threat to public health or the en-
vironment at annual release levels below 10,000
pounds per facility shall be considered highly toxic.
‘‘(iii) The Administrator shall establish thresh-
olds under this subparagraph at a level which will
ensure reporting on a substantial majority of total
releases of the chemical at all facilities subject to the
requirements of this section.’’.
(b) Section 313(a) of the Emergency Planning and
Community Right-To-Know Act (42 U.S.C. 11023(a)) is
amended by inserting ‘‘or released’’ after ‘‘manufactured,
processed, or otherwise used’’.
(c) Section 313(b)(1) of the Emergency Planning and
Community Right-To-Know Act (42 U.S.C. 11023(b)(1))
is amended by inserting ‘‘or released’’ after ‘‘manufac-
tured, processed, or otherwise used’’.
(d) Section 326(a)(1)(B) of the Emergency Planning
and 
Community 
Right-To-Know 
Act 
(42 
U.S.C.
11046(a)(1)(B)) is amended by adding at the end the fol-
lowing:
‘‘(vii) Establish reporting thresholds for highly
toxic chemicals under section 313(f)(1)(B).’’.
SEC. 103. COVERED FACILITIES EXPANSION.
Section 313(b)(1)(B) of the Emergency Planning and
Community 
Right-To-Know 
Act 
(42 
U.S.C.
11023(b)(1)(B)) is amended—
(1) by striking ‘‘(B) The Administrator’’ and
inserting ‘‘(B)(i) The Administrator’’; and
(2) by adding at the end the following:
‘‘(ii) Effective beginning with the 1997 report-
ing year, facilities identified by the Standard Indus-
trial Codes listed in the Federal Register notice at
61 Fed. Reg. 33587–33619 shall be subject to the
requirements of this section.
‘‘(iii) Within 24 months after the enactment of
the Public Right-To-Know and Children’s Environ-
mental Health Protection Act, the Administrator
shall promulgate a final regulation that adds all ad-
ditional Standard Industrial Codes of facilities that
have releases that are similar in volume and toxicity
to releases of facilities that are covered by this sec-
tion as of the date of enactment of such Act.’’.
SEC. 104. IMPROVED DATA COLLECTION AND DISSEMINA-
TION.
Section 313 of the Emergency Planning and Commu-
nity Right-To-Know Act (42 U.S.C. 11023) is amended
by adding at the end the following:
‘‘(m) IMPROVED DATA COLLECTION AND DISSEMI-
NATION.—
‘‘(1) To enhance public access and encourage
use, improve the management of information re-
sources, and assist agency enforcement, pollution
prevention, and multimedia permitting and reporting
initiatives, the Administrator shall, within 24
months after the enactment of the Public Right-To-
Know and Children’s Environmental Health Protec-
tion Act, develop and implement a plan for integrat-
ing and improving access to publicly available infor-
mation within the jurisdiction of the agency. The
plan shall include, at a minimum—
‘‘(A) creating standard data formats for
information management;
‘‘(B) integrating information resources, in-
cluding the development and implementation of
common company, facility, geographic, and
chemical identifiers, and other identifiers as the
Administrator deems appropriate; and
‘‘(C) establishing a system for indexing, lo-
cating, and obtaining agency-held information
about parent companies, facilities, chemicals,
geographic locations, and the regulatory status
of entities subject to agency oversight.
‘‘(2) The Administrator shall coordinate the
data collection and dissemination activities of the
Environmental Protection Agency with other rel-
evant Federal, State, and local agencies in order to
promote greater integration of information and re-
duce the burden on regulated entities. The Adminis-
trator may provide for the integration and dissemi-
nation of publicly available data not collected by the
agency.
‘‘(3) Notwithstanding any other provision of
law, no information shall be treated as a trade secret
or confidential business information unless the sub-
mitter demonstrates upon submission that—
‘‘(A) the information has not been dis-
closed to any other person, except the Govern-
ment or those bound by confidentiality agree-
ments, and the submitter has taken reasonable
measures to ensure the confidentiality of the in-
formation;
‘‘(B) the information is not required to be
disclosed to the public under any other Federal,
State, or local statute or regulation;
‘‘(C) the information is not readily discov-
erable through reverse engineering; and
‘‘(D) disclosure of the information is likely
to cause substantial harm to the competitive po-
sition of the submitter.’’.
SEC. 105. CIVIL ACTIONS.
Section 326(a)(1)(A) of the Emergency Planning and
Community 
Right-To-Know 
Act 
(42 
U.S.C.
11046(a)(1)(A)) is amended by inserting ‘‘any past or on-
going’’ after ‘‘An owner or operator of a facility for’’.
SEC. 106. REGULATIONS.
The text of section 328 of the Emergency Planning
and Community Right-To-Know Act (42 U.S.C. 11048)
is amended to read as follows: ‘‘The Administrator may
prescribe such regulations as may be necessary to carry
out this title and the Pollution Prevention Act.’’
TITLE II—CHILDREN’S ENVIRON-
MENTAL PROTECTION ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Children’s Environ-
mental Health Protection Act’’.
SEC. 202. FINDINGS.
Congress finds that information disclosure imposes a
lesser burden than mandatory controls and is appro-
priately required for hazardous chemical risks that are less
well characterized than those that trigger mandatory con-
trols. Requirements to disclose have been shown to im-
prove safety and certainty by stimulating avoidance of
hazardous chemical risks in the marketplace by manufac-
turers and sellers of products as well as by consumers.
SEC. 203. DISCLOSURE.
Commencing 3 years after the date of enactment of
this Act, no person in the course of doing business shall
knowingly expose any infant or young child to a hazardous
synthetic chemical listed pursuant to section 204(a) in any
children’s food or children’s consumer product without
first providing a clear and reasonable warning of the expo-
sure, on or immediately adjacent to the food or product
at its point of sale to the retail customer, except as pro-
vided in section 205.
SEC. 204. LISTINGS.
(a) Within 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator shall pub-
lish in the Federal Register a list of all hazardous syn-
thetic chemicals that have been identified or regulated as
carcinogens, reproductive toxins, or neurotoxins by any
agency of the Federal Government.
(b) The Administrator may publish in the Federal
Register a list of children’s foods and children’s consumer
products that are known or likely to expose children to
1 or more hazardous synthetic chemicals and may identify
those, if any, for which the Administrator has determined
that there is a reasonable certainty of no harm from any
hazardous synthetic chemical listed pursuant to subsection
(a).
SEC. 205. EXEMPTIONS.
(a) Section 203 shall not apply to any exposure to
a chemical that takes place less than 1 year following the
listing of the chemical as a hazardous synthetic chemical
pursuant to section 204(a).
(b) Section 203 shall not apply to any business with
fewer than 50 employees or to any public entity.
(c) Section 203 shall not apply to any food or
consumer product for which the Administrator has deter-
mined that there is a reasonable certainty of no harm from
any hazardous synthetic chemical listed pursuant to sec-
tion 204(a).
(d) Section 203 shall not apply if the person respon-
sible for the exposure can show that there is a reasonable
certainty of no harm from the exposure. In an action to
enforce section 203, the burden of proof to establish that
an exposure qualifies for exemption under this subsection
shall be on the defendant.
SEC. 206. IMPLEMENTATION AND ENFORCEMENT.
The Administrator is authorized, in the Administra-
tor’s discretion, to promulgate regulations and to take
other appropriate action to carry out the purposes of this
title, including the bringing of civil actions on behalf of
the United States to redress any action or inaction in vio-
lation of this title. In carrying out the Administrator’s re-
sponsibilities under this title, the Administrator may con-
sult with the Secretary of Health and Human Services,
the Secretary of Labor, the Secretary of Agriculture, the
Consumer Product Safety Commission, and any other
Federal agency with relevant expertise. In carrying out the
Administrator’s responsibilities under section 204, the Ad-
ministrator shall secure data sufficient to identify hazard-
ous synthetic chemicals to which infants and young chil-
dren are exposed by requiring manufacturers or producers
to generate such data and by obtaining existing data from
any Federal, State, or local government agency.
SEC. 207. JURISDICTION OF DISTRICT COURTS.
The district courts of the United States shall have
jurisdiction over civil actions to redress any action or inac-
tion that is alleged to be or to have been in violation of
this title and may—
(1) restrain any person from taking any action
prohibited under this title;
(2) compel any person to take action required
under this title; and
(3) impose civil penalties.
SEC. 208. PRIVATE CITIZEN ENFORCEMENT.
(a) Any person other than the Administrator may
commence a civil action on its own behalf—
(1) against any person for violation of section
203; or
(2) against the Administrator for the failure to
perform any nondiscretionary act or duty under this
title.
(b) No action may be commenced pursuant to this
section unless—