‘‘(II) in addition to existing au-
thority, expressly provide a mecha-
nism for the delisting of any such de-
vice based on any information made 
available to the Administrator that 
demonstrates that such device poses a 
significant risk or impact to human 
health, water quality, the environ-
ment, or any other factor the Admin-
istrator determines appropriate. 
‘‘(C) MINIMUM
TOXICITY
CRITERIA.—In 
establishing minimum toxicity criteria under 
subparagraph (B)(i)(I), the Administrator, as 
appropriate, shall comply with the requirements 
of section 121(d) of the Comprehensive Envi-
ronmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9621(d)). 
‘‘(D) DELISTING.—In carrying out sub-
paragraphs (B)(i)(VI) and (B)(ii)(II), the Ad-
ministrator, after posting a notice in the Fed-
eral Register and providing an opportunity for 
public comment, shall initiate a formal review 
of the potential risks and impacts associated 
with a dispersant, chemical, substance, or de-
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vice prior to delisting the dispersant, chemical, 
substance, or device. 
‘‘(E) STUDY.— 
‘‘(i) IN GENERAL.—Not later than 3 
months after the date of enactment of this 
paragraph, the Administrator, in coordina-
tion with the Agency for Toxic Substances 
and Disease Registry, shall initiate a study 
of the potential risks and impacts to 
human health, water quality, the environ-
ment, or any other factor the Adminis-
trator determines appropriate, including 
acute and chronic risks, from the use of 
dispersants, other chemicals, and other 
spill mitigating substances, if any, that 
may be used to carry out the National 
Contingency Plan, including an assessment 
of such risks and impacts— 
‘‘(I) on a representative sample 
of biota and types of oil from loca-
tions where such dispersants, chemi-
cals, or substances may potentially be 
used; 
‘‘(II) on human health, including 
factors relating to— 
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‘‘(aa) individuals most likely 
to be exposed to such disper-
sants, chemicals, or substances; 
and 
‘‘(bb) the pathways of expo-
sure to such dispersants, chemi-
cals, or substances, including di-
rect contract, ingestion, and in-
halation; 
‘‘(III) that result from any by-
products created from the use of such 
dispersants, chemicals, or substances. 
‘‘(ii) INFORMATION FROM MANUFAC-
TURERS.— 
‘‘(I) IN
GENERAL.—In conjunc-
tion with the study authorized by 
clause (i), the Administrator shall de-
termine the requirements for manu-
facturers of dispersants, chemicals, or 
substances to evaluate the potential 
risks and impacts to human health, 
water quality, the environment, or any 
other factor the Administrator deter-
mines appropriate, including acute 
and chronic risks, associated with the 
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use of the dispersants, chemicals, or 
substances and any byproducts gen-
erated by such use and to provide the 
details of such evaluation as a condi-
tion for listing on the schedule, or ap-
proving for use under this section, ac-
cording to guidelines developed and 
published by the Administrator. 
‘‘(II) MINIMUM
REQUIREMENTS 
FOR
EVALUATION.—In carrying out 
this clause, the Administrator shall re-
quire a manufacturer to include— 
‘‘(aa) information on the 
types of oils for which and loca-
tions where such dispersants, 
chemicals, or substances may po-
tentially be used; and 
‘‘(bb) if appropriate, an as-
sessment of the impacts from 
subsea use of the dispersant, 
chemical, or substance, including 
the potential long term effects of 
such use on water quality and 
the environment. 
‘‘(F) PERIODIC REVISIONS.— 
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‘‘(i) IN GENERAL.—Not later than 5 
years after the date of the issuance of the 
regulation under this paragraph, and on an 
ongoing basis thereafter (and at least once 
every 5 years), the Administrator shall re-
view the schedule for the use of disper-
sants, other chemicals, and other spill miti-
gating devices and substances that may be 
used to carry out the National Contingency 
Plan and update or revise the schedule, as 
necessary, to ensure the protection of 
human health, water quality, the environ-
ment, and any other factor the Adminis-
trator determines appropriate. 
‘‘(ii) EFFECTIVENESS.—The Adminis-
trator shall ensure, to the maximum extent 
practicable, that each update or revision to 
the schedule increases the minimum effec-
tiveness necessary for listing a dispersant, 
other chemical, or other spill mitigating de-
vice or substance on the schedule. 
‘‘(G) APPROVAL OF USE AND APPLICATION 
OF DISPERSANTS.— 
‘‘(i) IN GENERAL.—In issuing the reg-
ulation under subparagraph (A), the Ad-
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