I 
111TH CONGRESS 
2D SESSION 
H. R. 5820 
To amend the Toxic Substances Control Act to ensure that the public and 
the environment are protected from risks of chemical exposure, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2010 
Mr. RUSH (for himself, Mr. WAXMAN, Ms. CASTOR of Florida, Ms. DEGETTE, 
Ms. SCHAKOWSKY, and Mr. SARBANES) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Toxic Substances Control Act to ensure that 
the public and the environment are protected from risks 
of chemical exposure, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Toxic Chemicals Safety 
Act of 2010’’. 
SEC. 2. FINDINGS, POLICY, AND GOAL. 
(a) FINDINGS, POLICY, AND GOAL.—Section 2 of the 
Toxic Substances Control Act (15 U.S.C. 2601) is amend-
ed— 
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(1) by striking ‘‘INTENT’’ in the section head-
ing and inserting ‘‘GOAL’’; and 
(2) by striking subsections (a) through (c) and 
inserting the following: 
‘‘(a) FINDINGS.—Congress finds that— 
‘‘(1) the chemical industry is an important part 
of the United States economy and provides valuable 
products that are used in diverse manufacturing in-
dustries and other commercial, institutional, and 
consumer applications; 
‘‘(2) more than 3 decades after the enactment 
of the Toxic Substances Control Act, the public and 
the environment in the United States are still ex-
posed to thousands of chemicals whose safety has 
not been adequately reviewed; 
‘‘(3) biomonitoring reveals that people in the 
United States have many hazardous chemicals in 
their bodies; 
‘‘(4) the potential for adverse effects from 
chemical exposures is modulated by developmental 
changes in metabolism, physiology, and pathways of 
exposure, with increased potential for adverse effects 
from exposures that occur in utero, during infancy, 
and during other critical periods of development; 
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‘‘(3) to require that all chemicals in commerce 
meet a risk-based safety standard that protects dis-
proportionately vulnerable and affected populations 
and the environment; 
‘‘(4) to require manufacturers and processors to 
provide sufficient health and environmental informa-
tion for the chemicals which they manufacture or 
process as a condition of allowing distribution of 
such chemicals in commerce; 
‘‘(5) to improve the quality of information on 
chemical safety and use; 
‘‘(6) to guarantee the right of the public and 
workers to know about the risks associated with 
chemicals that they may be exposed to by maxi-
mizing public access to information on such chemi-
cals; 
‘‘(7) to strengthen cooperation between and 
among the Federal Government and State, munic-
ipal, tribal, and foreign governments; 
‘‘(8) to ensure the Administrator has the au-
thority to develop sufficient information to assess 
chemical safety, and to act effectively when the Ad-
ministrator obtains information that indicates there 
are risks of harmful chemical exposure; and 
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‘‘(9) to replace, reduce, and refine testing on 
animals by promoting and funding the development 
of more efficient test methods and strategies. 
‘‘(c) GOAL.—It is the goal of the United States to 
protect health and the environment by addressing expo-
sure to harmful chemicals distributed in commerce, includ-
ing exposure of vulnerable or disproportionately affected 
populations, by— 
‘‘(1) determining whether all chemicals in com-
merce meet the safety standard under this title; 
‘‘(2) restricting the manufacture, processing, 
use, distribution in commerce, or disposal of a chem-
ical, where warranted; and 
‘‘(3) encouraging the replacement of harmful 
chemicals and processes with safer alternatives.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Toxic Substances Control Act is amended 
by amending the item relating to section 2 to read as fol-
lows: 
‘‘Sec. 2. Findings, policy, and goal.’’. 
SEC. 3. DEFINITIONS AND DETERMINATIONS. 
(a) DEFINITIONS AND DETERMINATIONS.—Section 3 
of the Toxic Substances Control Act (15 U.S.C. 2602) is 
amended— 
(1) by striking— 
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‘‘SEC. 3. DEFINITIONS. 
‘‘As used in this Act:’’ and inserting the following: 
‘‘SEC. 3. DEFINITIONS AND DETERMINATIONS. 
‘‘(a) DEFINITIONS.—As used in this Act:’’; 
(2) in subsection (a), (relating to definitions, as 
designated by paragraph (1))— 
(A) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘Except as pro-
vided in subparagraph (B), the term’’ 
and inserting ‘‘The term’’; 
(II) in clause (i), by striking 
‘‘and’’ after ‘‘nature,’’; 
(III) in clause (ii), by striking 
the period at the end and inserting ‘‘, 
and’’; and 
(IV) by adding at the end the fol-
lowing new clause: 
‘‘(iii) any form of a substance determined 
by the Administrator to be a chemical sub-
stance under subsection (b)(1).’’; and 
(ii) in subparagraph (B)— 
(I) by striking clause (ii) and in-
serting the following: 
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‘‘(ii) any alcoholic beverage (as de-
fined in section 214 of the Federal Alcohol 
Administration Act),’’; 
(II) in clause (iii), by striking 
‘‘product,’’ inserting ‘‘product (as de-
fined in section 201 of the Federal 
Food, Drug, and Cosmetic Act), and’’; 
and 
(III) by striking clauses (v) and 
(vi) and the matter following clause 
(vi); 
(B) in paragraph (4)— 
(i) by striking ‘‘or’’ after ‘‘or article;’’; 
and 
(ii) by inserting ‘‘; or to export or 
offer for export the substance, mixture, or 
article, except for demonstrated use solely 
as a pesticide (as defined in the Federal 
Insecticide, Fungicide, and Rodenticide 
Act), food, food additive, drug, cosmetic, or 
device (as such terms are defined in sec-
tion 201 of the Federal Food, Drug, and 
Cosmetic Act) and including poultry, poul-
try products, meat, meat food products (as 
defined in section 1(j) of the Federal Meat 
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Inspection Act), eggs, and egg products (as 
defined in section 4 of the Egg Products 
Inspection Act)’’ after ‘‘article after its in-
troduction into commerce’’; 
(C) in paragraph (5), by inserting ‘‘ambi-
ent and indoor’’ after ‘‘includes water,’’; 
(D) in paragraph (7), by inserting ‘‘, ex-
cept for demonstrated use solely as a pesticide 
(as defined in the Federal Insecticide, Fun-
gicide, and Rodenticide Act), food, food addi-
tive, drug, cosmetic, or device (as such terms 
are defined in section 201 of the Federal Food, 
Drug, and Cosmetic Act) and including poultry, 
poultry products, meat, meat food products (as 
defined in section 1(j) of the Federal Meat In-
spection Act), eggs, and egg products (as de-
fined in section 4 of the Egg Products Inspec-
tion Act)’’ after ‘‘produce, or manufacture’’; 
(E) in paragraph (9), by striking ‘‘which is 
not included in the chemical substance list com-
piled and published under section 8(b)’’ and in-
serting ‘‘for which no declaration has been sub-
mitted under section 8(a)(2), except that, with 
respect to the first year after the date of enact-
ment of the Toxic Chemicals Safety Act of 
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2010, such term shall not include a chemical 
substance distributed in commerce as of such 
date of enactment’’; 
(F) in paragraph (10), after subparagraph 
(B), by adding the following: 
‘‘Except such term shall not include preparation for 
demonstrated use solely as a pesticide (as defined in 
the Federal Insecticide, Fungicide, and Rodenticide 
Act), food, food additive, drug, cosmetic, or device 
(as such terms are defined in section 201 of the 
Federal Food, Drug, and Cosmetic Act) and includ-
ing poultry, poultry products, meat, meat food prod-
ucts (as defined in section 1(j) of the Federal Meat 
Inspection Act), eggs, and egg products (as defined 
in section 4 of the Egg Products Inspection Act). 
Relabeling or redistributing a container holding a 
chemical substance or mixture where no repackaging 
of the chemical substance or mixture occurs does not 
constitute processing of the chemical substance or 
mixture. Relabeling, redistributing, or repackaging 
an article containing a chemical substance or mix-
ture, including incorporating the article into another 
article, does not constitute processing of the chem-
ical substance or mixture.’’. 
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(G) by striking paragraph (12) and redes-
ignating paragraphs (13) and (14) as para-
graphs (12) and (13), respectively; and 
(H) by adding at the end the following new 
paragraphs: 
‘‘(14) The term ‘adverse effect’ means a chem-
ical or biochemical change, anatomic change, or 
functional impairment, or a known precursor to such 
a change or impairment, that— 
‘‘(A) has the potential to impair the per-
formance of an anatomic structure of a vital 
system of an organism or progeny of an orga-
nism; 
‘‘(B) causes irreversible change in the ho-
meostasis of an organism; 
‘‘(C) increases the susceptibility of an or-
ganism or progeny of an organism to other 
chemical or biological stressors or reduces the 
ability of an organism or progeny of an orga-
nism to respond to additional health or environ-
mental challenges; or 
‘‘(D) affects, alters, or harms the environ-
ment such that the health of humans or other 
organisms is directly or indirectly threatened. 
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In order to reflect best available science, the Admin-
istrator may, by rule, revise the definition of such 
term for purposes of this Act in such a way that re-
flects the state of the science and provides for equal 
or greater protection of health and the environment. 
‘‘(15) The term ‘aggregate exposure’ means all 
exposure from— 
‘‘(A) manufacture, processing, distribution, 
use, and disposal; 
‘‘(B) manufacturing or processing of the 
substance for use as a pesticide, food, food ad-
ditive, drug, cosmetic, or device; 
‘‘(C) contamination of food, air, water, 
soil, house dust, and any other environmental 
media from current or prior uses or activity; 
‘‘(D) permitted sources of pollution; 
‘‘(E) nonpoint sources of pollution; and 
‘‘(F) documented background levels from 
natural and anthropogenic sources. 
‘‘(16) The term ‘bioaccumulative’ means, with 
respect to a chemical substance or mixture, that the 
chemical substance or mixture, as determined by the 
Administrator, can significantly accumulate in biota, 
as indicated through monitoring data, or is highly 
likely to accumulate in biota, as indicated by other 
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evidence. In order to reflect best available science, 
the Administrator may, by rule, revise the definition 
of such term for purposes of this Act in such a way 
that reflects the state of the science and provides for 
equal or greater protection of health and the envi-
ronment. 
‘‘(17) The term ‘chemical identity’ means, with 
respect to a chemical substance— 
‘‘(A) each common and trade name of the 
chemical substance; 
‘‘(B) the name of the chemical substance 
appearing in International Union of Pure and 
Applied Chemistry nomenclature and 9th Col-
lective Index format; 
‘‘(C) the Chemical Abstracts Service reg-
istration number of the chemical substance; and 
‘‘(D) the molecular structure and the mo-
lecular identity of the chemical substance. 
‘‘(18) The term ‘cumulative exposure’ means 
the sum of aggregate exposure to— 
‘‘(A) each of the chemical substances that 
are known or, where supported by scientific 
consensus, suspected to contribute appreciably 
to the risk of the same adverse effect; and 
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‘‘(B) mixtures containing chemical sub-
stances described in subparagraph (A). 
‘‘(19) The term ‘Federal agency’ means any de-
partment, agency, or other instrumentality of the 
Federal Government, any independent agency or es-
tablishment of the Federal Government including 
any Government corporation, and the Government 
Printing Office. 
‘‘(20) The term ‘importer’ means any person 
who imports a chemical substance or mixture, or any 
article containing a chemical substance or mixture, 
for distribution in commerce. 
‘‘(21) The term ‘persistent’ means, with respect 
to a chemical substance or mixture, that the chem-
ical substance or mixture, as determined by the Ad-
ministrator, significantly persists in 1 or more envi-
ronmental media, as indicated by monitoring data or 
other evidence. In order to reflect best available 
science, the Administrator may, by rule, revise the 
definition of such term for purposes of this Act in 
such a way that reflects the state of the science and 
provides for equal or greater protection of health 
and the environment. 
‘‘(22) The term ‘substance characteristic’ 
means, with respect to a particular chemical sub-
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stance, the physical and chemical characteristics 
that may vary for such substance, and whose vari-
ation may bear on the toxicological properties or the 
exposure potential of the substance, including— 
‘‘(A) structure and composition; 
‘‘(B) size or size distribution; 
‘‘(C) shape; 
‘‘(D) surface structure; 
‘‘(E) reactivity; and 
‘‘(F) other characteristics and properties 
that may bear on toxicological properties or ex-
posure potential. 
‘‘(23) The term ‘toxic’, with respect to a chem-
ical substance or mixture, means that the chemical 
substance or mixture, or a metabolite or degradation 
product of such substance or mixture, has a toxi-
cological property— 
‘‘(A) that causes an adverse effect that has 
been demonstrated in humans or other orga-
nisms; or 
‘‘(B) for which the weight of evidence 
(such as demonstration of such an adverse ef-
fect as described in subparagraph (A) in labora-
tory studies or data for a chemical from the 
same chemical class that exhibits such an ad-
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verse effect) demonstrates the potential for an 
adverse effect in humans or other organisms. 
‘‘(24) The term ‘toxicological property’ means 
established toxicity, adverse effects, or established 
precursors to such toxicity or adverse effects, includ-
ing effects of exposure to a chemical substance or 
mixture on— 
‘‘(A) mortality; 
‘‘(B) morbidity, including carcinogenesis; 
‘‘(C) 
genetics, 
including 
mutagenicity, 
genotoxicity, and epigenetics; 
‘‘(D) reproduction; 
‘‘(E) growth and development; 
‘‘(F) the immune system; 
‘‘(G) the endocrine system; 
‘‘(H) the brain or nervous system; 
‘‘(I) other organ systems; or 
‘‘(J) any other biological functions in hu-
mans or other organisms. 
‘‘(25) The term ‘use’ means any utilization of 
a chemical substance or mixture that is not other-
wise covered by the terms manufacture or process, 
and may include— 
‘‘(A) any composition of the chemical sub-
stance with other chemical substances; 
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‘‘(B) any group of utilizations determined 
by the Administrator to be a single use under 
subsection (b)(2). 
Relabeling or redistributing a container holding a 
chemical substance or mixture where no repackaging 
of the chemical substance or mixture occurs does not 
constitute use of the chemical substance or mixture. 
‘‘(26) The term ‘vulnerable population’ means a 
population that is subject to a disproportionate expo-
sure to, or potential for a disproportionate adverse 
effect from exposure to, a chemical substance or 
mixture, including— 
‘‘(A) infants, children, and adolescents; 
‘‘(B) pregnant women (including effects on 
fetal development); 
‘‘(C) the elderly; 
‘‘(D) individuals with preexisting medical 
conditions; 
‘‘(E) workers; and 
‘‘(F) members of any other appropriate 
population identified by the Administrator 
based on consideration of— 
‘‘(i) socioeconomic status; 
‘‘(ii) racial or ethnic background; 
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‘‘(iii) culturally influenced dietary or 
other practices or factors; or 
‘‘(iv) other similar factors identified 
by the Administrator.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) DETERMINATIONS.— 
‘‘(1) The Administrator may determine dif-
ferent forms of a chemical substance with a par-
ticular molecular identity to be different chemical 
substances for purposes of this Act, based on vari-
ations in the substance characteristics. New forms of 
existing chemical substances so determined shall be 
considered new chemical substances for purposes of 
this Act. 
‘‘(2) The Administrator may determine dif-
ferent uses of a chemical substance or mixture to be 
the same use for purposes of this Act, based on in-
dustry classification systems or factors determined 
by the Administrator to indicate similarity in use 
and exposure, provided that such systems or factors 
ensure that the different uses treated as the same 
use under this paragraph do not involve materially 
different patterns, pathways, or degrees of expo-
sure.’’. 
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(b) CONFORMING AMENDMENT.—The table of con-
tents for the Toxic Substances Control Act is amended 
by amending the item relating to section 3 to read as fol-
lows: 
‘‘Sec. 3. Definitions and Determinations.’’. 
SEC. 4. MINIMUM DATA SET AND TESTING OF CHEMICAL 
SUBSTANCES AND MIXTURES. 
Section 4 of the Toxic Substances Control Act (15 
U.S.C. 2603) is amended as follows: 
(1) By amending subsection (a) to read as fol-
lows: 
‘‘(a) MINIMUM DATA SET.— 
‘‘(1) Not later than 1 year after the date of en-
actment of the Toxic Chemicals Safety Act of 2010, 
the Administrator shall establish, by rule, the data 
that constitute the minimum data set for substances 
described in paragraph (2). The rule shall— 
‘‘(A) require manufacturers and processors 
to submit a minimum data set that the Admin-
istrator determines will be useful in conducting 
safety standard determinations pursuant to sec-
tion 6(b) or carrying out any provision of this 
Act, and shall include information on— 
‘‘(i) chemical identity; 
‘‘(ii) substance characteristics; 
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‘‘(iii) biological and environmental 
fate and transport; 
‘‘(iv) toxicological properties; 
‘‘(v) volume manufactured, processed, 
or imported; 
‘‘(vi) intended uses; and 
‘‘(vii) exposures from all stages of the 
chemical substance or mixture’s lifecycle 
that are known or reasonably foreseeable 
to the party submitting the data set; 
‘‘(B) provide for varied or tiered testing; 
‘‘(C) establish requirements for manufac-
turers and processors to update their minimum 
data set submissions, as appropriate; and 
‘‘(D) be updated by the Administrator not 
less often than once every 5 years. 
‘‘(2) Except as provided in paragraph (3), the 
manufacturers and processors of a chemical sub-
stance or mixture shall submit the minimum data 
set established by the rule under paragraph (1), ac-
companied by the certification described in section 
8(i), to the Administrator— 
‘‘(A) for an existing chemical substance or 
mixture, not later than the earlier of— 
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‘‘(i) 18 months after the date on 
which the Administrator lists the chemical 
substance or mixture on the priority list 
under section 6(a); or 
‘‘(ii) for chemical substances pro-
duced— 
‘‘(I) at high volumes, as deter-
mined by the Administrator, 3 years 
after the date of enactment of the 
Toxic Chemicals Safety Act of 2010; 
‘‘(II) at moderate volumes, as de-
termined by the Administrator, 4 
years after the date of enactment of 
the Toxic Chemicals Safety Act of 
2010; or 
‘‘(III) at low volumes, as deter-
mined by the Administrator, 5 years 
after the date of enactment of the 
Toxic Chemicals Safety Act of 2010; 
or 
‘‘(B) for a new chemical substance, the 
date on which the notice required under section 
5(a)(1)(A) is submitted. 
‘‘(3) No minimum data set shall be required to 
be submitted by manufacturers and processors of a 
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chemical substance listed under section 6(a)(1)(A) 
or exempted from the requirement pursuant to sec-
tion 39 or section 32 or for a safer alternative ap-
proved pursuant to section 35. 
‘‘(4) If a manufacturer or processor is in viola-
tion of paragraph (2), the Administrator may impose 
penalties, pursuant to section 16, on such manufac-
turer or processor, or, by order, impose conditions, 
including prohibitions, on the manufacture, proc-
essing, or distribution in commerce of the chemical 
substance, or any mixture or article containing the 
chemical substance, by such manufacturer or proc-
essor.’’. 
(2) In subsection (b)— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (4) and (5), respectively; 
(B) by redesignating paragraphs (4) and 
(5) as paragraphs (7) and (8), respectively; 
(C) in paragraph (1)— 
(i) by striking ‘‘A rule under sub-
section (a) shall include’’ and all that fol-
lows through ‘‘during the period prescribed 
under subparagraph (C)’’; and 
(D) by striking the following: 
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‘‘(b)(1) TESTING REQUIREMENT RULE.—’’ and in-
serting the following: 
‘‘(b) TESTING RULES AND ORDERS.— 
‘‘(1) The Administrator may, by rule or order, 
after notice and opportunity for comment, require 
testing in addition to the requirements for the min-
imum data set under subsection (a) with respect to 
any chemical substance or mixture and the submis-
sion of test results by a specified date, as necessary 
for making a safety standard determination under 
section 6(b) or carrying out any provision of this 
Act. 
‘‘(2) If a manufacturer or processor is in viola-
tion of paragraph (1), the Administrator may impose 
penalties, pursuant to section 16, on such manufac-
turer or processor, or, by order, impose conditions, 
including prohibitions, on the manufacture, proc-
essing, or distribution in commerce of the chemical 
substance, or any mixture or article containing the 
chemical substance, by such manufacturer or proc-
essor. 
‘‘(3) A rule or order under paragraph (1) shall 
include— 
‘‘(A) identification of the chemical sub-
stance or mixture for which testing is required; 
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‘‘(B) the testing required and justification 
for such testing, and may specify test protocols 
and methodology for testing for such substance 
or mixture in accordance with section 34(c); 
and 
‘‘(C) a specification of the period (which 
period may not be of unreasonable duration) 
within which the persons required to conduct 
the testing shall submit to the Administrator 
data developed in accordance with a method-
ology referred to in subparagraph (B). 
In determining the testing, test protocols, and meth-
odology, and period to be included, pursuant to sub-
paragraphs (B) and (C), in a rule or order under 
paragraph (1), the Administrator shall consider the 
relative costs of the various test protocols and meth-
odologies which may be required under the rule or 
order and the reasonably foreseeable availability of 
the facilities and personnel needed to perform the 
testing required under the rule or order. Any such 
rule or order may require the submission to the Ad-
ministrator of preliminary data during the period 
prescribed under subparagraph (C).’’; 
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(E) by amending paragraph (4), as redes-
ignated by subparagraph (A) of this paragraph, 
to read as follows: 
‘‘(4)(A)(i) The health and environmental effects for 
which testing may be prescribed include any toxicological 
property and any other adverse effect which may be con-
sidered in a safety standard determination under section 
6(b). 
‘‘(ii) The exposure information for which test-
ing may be prescribed includes biological or environ-
mental fate and transport, monitoring for the pres-
ence of the chemical substance or mixture (or a me-
tabolite or degradation byproduct of the chemical 
substance or mixture) in animal or human biological 
media or environmental media, and any other expo-
sure information which may be considered in a safe-
ty standard determination under section 6(b). 
‘‘(iii) The characteristics of chemical substances 
and mixtures for which testing may be prescribed in-
clude persistence, bioaccumulation, and any other 
relevant substance characteristic which may be con-
sidered in a safety standard determination under 
section 6(b). 
‘‘(B) The methodologies that may be prescribed in 
testing include epidemiologic studies, industrial hygiene 
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surveys, biomonitoring studies, serial or hierarchical tests, 
in vitro tests, and whole animal tests consistent with sec-
tion 34, except that before prescribing epidemiologic stud-
ies or industrial hygiene surveys of employees, the Admin-
istrator shall consult with the Director of the National In-
stitute for Occupational Safety and Health. 
‘‘(C) From time to time, but not less than once each 
12 months, the Administrator shall review the adequacy 
of the methodology for testing prescribed in rules or orders 
under paragraph (1) and shall, if necessary, institute pro-
ceedings to make appropriate revisions of such method-
ology.’’; 
(F) in paragraph (5), as redesignated by 
subparagraph (A) of this paragraph— 
(i) by striking subparagraph (B); 
(ii) by striking ‘‘(A) A rule under sub-
section (a) respecting a chemical substance 
or mixture shall require the persons de-
scribed in subparagraph (B)’’ and insert-
ing ‘‘A rule or order under paragraph (1) 
respecting a chemical substance or mixture 
shall specify the persons required’’; and 
(iii) by inserting ‘‘in which case all 
parties remain individually liable for the 
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testing requirements’’ after ‘‘on behalf of 
the persons making the designation’’; 
(G) by inserting after paragraph (5), as re-
designated by subparagraph (A) of this para-
graph, the following new paragraph: 
‘‘(6) Any biomonitoring study of the public regarding 
a chemical substance or any metabolite or degradation by-
product of such substance shall be conducted by the Direc-
tor of the Centers for Disease Control and Prevention in 
collaboration with the Administrator, at the expense of the 
manufacturers and processors of the chemical substance. 
Any biomonitoring study of employees regarding a chem-
ical substance or any metabolite or degradation byproduct 
of such substance may be conducted by the relevant em-
ployer, at the expense of the manufacturers and processors 
of the chemical substance, in collaboration with the Direc-
tor of the National Institute of Occupational Safety and 
Health and the Administrator.’’; 
(H) in paragraph (7), as redesignated by 
subparagraph (B) of this paragraph— 
(i) by striking ‘‘under subsection (a)’’ 
in both places it appears and inserting ‘‘or 
order under paragraph (1)’’; 
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(ii) by striking ‘‘repeals the rule’’ in 
both places it appears and inserting ‘‘with-
draws the rule or order’’; and 
(iii) by striking ‘‘repeals the applica-
tion of the rule’’ and inserting ‘‘withdraws 
the rule or order as applied’’; and 
(I) by amending paragraph (8), as redesig-
nated by subparagraph (B) of this paragraph, 
to read as follows: 
‘‘(8) Rules issued under subsection (a) and para-
graph (1) (and any substantive amendment thereto or re-
peal thereof) shall be promulgated pursuant to section 553 
of title 5, United States Code.’’. 
(3) In subsection (c)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or order’’ after 
‘‘rule’’; and 
(ii) by striking ‘‘subsection (a)’’ and 
inserting ‘‘subsection (a) or (b)(1)’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘under subsection (a)’’ 
and inserting ‘‘under subsection (b)(1)’’; 
and 
(ii) by inserting ‘‘or order’’ after 
‘‘rule’’ each place it appears; 
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(C) in paragraph (3)(B)(i), by striking 
‘‘promulgated under subsection (a)’’ and insert-
ing ‘‘or order issued under subsection (b)(1)’’; 
(D) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘promulgated 
under subsection (a)’’ and inserting 
‘‘issued under subsection (b)(1)’’; and 
(II) by inserting ‘‘or order’’ after 
‘‘rule’’ each place it appears; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘promulgated 
under subsection (a)’’ and inserting 
‘‘or order issued under subsection 
(b)(1)’’; and 
(II) by inserting ‘‘or order’’ after 
‘‘such rule’’; and 
(III) by inserting ‘‘or order’’ 
after ‘‘requirements of the rule’’; and 
(E) by adding at the end the following new 
paragraph: 
‘‘(5) If a manufacturer or processor has sub-
mitted a declaration of permanent cessation of man-
ufacture or processing under section 8(a)(3) for a 
chemical substance or mixture, the manufacturer or 
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processor shall be exempted from the requirements 
of this section with regard to such chemical sub-
stance or mixture.’’. 
(4) In subsection (d)— 
(A) by striking ‘‘under subsection (a)’’ and 
inserting ‘‘or order issued under subsection (a) 
or (b)(1)’’; 
(B) by inserting ‘‘Such notice shall not be 
interpreted as meeting the requirements of the 
rule or order, unless otherwise indicated.’’ be-
fore ‘‘Subject to section 14, each notice shall’’; 
and 
(C) by inserting ‘‘and be added to the pub-
lic database established pursuant to section 
8(d)’’ after ‘‘Administrator for examination by 
any person’’. 
(5) In subsection (e)— 
(A) in the subsection heading, by striking 
‘‘PRIORITY LIST’’ and inserting ‘‘INTERAGENCY 
TESTING COMMITTEE’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘for the promul-
gation of a rule under subsection (a)’’ 
and inserting ‘‘for listing under sec-
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tion 6(a)(1) and promulgation of test-
ing rules or orders under subsection 
(b)(1)’’; 
(II) in clause (v), by striking ‘‘an 
unreasonable’’ and inserting ‘‘a sub-
stantial’’; and 
(III) in the matter following 
clause (viii)— 
(aa) by striking ‘‘cancer, 
gene mutations, or birth defects’’ 
and inserting ‘‘adverse effects on 
health or the environment’’; 
(bb) by striking ‘‘under sub-
section (a)’’ each place it appears 
and inserting ‘‘under subsection 
(b)(1)’’; and 
(cc) by striking ‘‘The total 
number of chemical substances 
and mixtures on the list which 
are designated under the pre-
ceding sentence may not, at any 
time, exceed 50.’’; and 
(ii) in subparagraph (B), by striking 
‘‘rulemaking proceeding under subsection 
(a)’’ and inserting ‘‘proceeding to promul-
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gate a rule or issue an order under sub-
section (b)(1)’’; and 
(C) in paragraph (2)(A)— 
(i) by striking ‘‘eight members’’ and 
inserting ‘‘10 members’’; and 
(ii) by adding at the end the following 
new clauses: 
‘‘(ix) One member appointed by the Com-
missioner of the Food and Drug Administration 
from officers or employees of the Administra-
tion. 
‘‘(x) One member appointed by the Chair-
man of the Consumer Product Safety Commis-
sion from officers or employees of the Commis-
sion.’’. 
(6) By amending subsection (f) to read as fol-
lows: 
‘‘(f) REQUESTS FROM OTHER FEDERAL AGENCIES 
FOR ADDITIONAL INFORMATION OR TESTING.— 
‘‘(1) IN GENERAL.—If a Federal agency deter-
mines that information relating to a chemical sub-
stance or mixture, including data derived from new 
testing or monitoring, would assist such agency in 
carrying out duties or exercising authority of such 
agency, but such information is not available to the 
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agency, such agency may request the Administrator 
to seek such information on its behalf. 
‘‘(2) DUTY
OF
ADMINISTRATOR.—Not later 
than 60 days after the date of receipt of a request 
under paragraph (1), the Administrator shall— 
‘‘(A) if in possession of the requested data, 
make such data available to the requesting 
agency, subject to section 14; 
‘‘(B) issue an order, under section 8(b)(1), 
requiring the submission of existing data to the 
requesting agency and to the Administrator; 
‘‘(C) issue a rule or order, under sub-
section (b), to develop such data, and require 
such data be furnished to the requesting agency 
and to the Administrator; or 
‘‘(D) publish in the Federal Register the 
reason for not taking any of the actions de-
scribed in subparagraphs (A) through (C).’’. 
(7) By striking subsection (g). 
SEC. 5. MANUFACTURING AND PROCESSING NOTICES. 
Section 5 of the Toxic Substances Control Act (15 
U.S.C. 2604) is amended as follows: 
(1) By amending subsection (a) to read as fol-
lows: 
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‘‘(a) NEW CHEMICAL SUBSTANCES AND MIXTURES 
AND NEW USES OF CHEMICAL SUBSTANCES AND MIX-
TURES.— 
‘‘(1) Except as provided in subsection (d), no 
person may manufacture or process a new chemical 
substance or mixture, or manufacture or process any 
chemical substance or mixture for a use which the 
Administrator has determined, in accordance with 
paragraph (2), is a new use, unless— 
‘‘(A) such person submits to the Adminis-
trator, at least 90 days before such manufac-
ture or processing, a notice, in accordance with 
subsection (c) and section 8(i), of such person’s 
intention to manufacture or process such chem-
ical substance or mixture and such person com-
plies with any applicable requirement of sub-
section (b); and 
‘‘(B) the Administrator finds that— 
‘‘(i) such use is a critical use as deter-
mined pursuant to section 6(e); 
‘‘(ii) in the case of a chemical sub-
stance or mixture that has not already 
been determined to meet the safety stand-
ard under section 6(b), the chemical sub-
stance or mixture meets the safety stand-
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ard under section 6(b), with or without 
conditions; or 
‘‘(iii) in the case of a chemical sub-
stance or mixture that has already been 
determined to meet the safety standard 
under section 6(b) without inclusion of the 
proposed new use, the chemical substance 
or mixture continues to meet the safety 
standard under section 6 for all intended 
uses including the new use, with or without 
conditions. 
‘‘(2) A use shall be determined by the Adminis-
trator to be new if— 
‘‘(A) the chemical substance or mixture 
has already received a safety standard deter-
mination under section 6(b) which did not in-
clude the use; or 
‘‘(B) the proposed use will result in manu-
facturing or processing of the chemical sub-
stance or mixture at a significantly increased 
volume, as determined by the Administrator, 
above that considered in the safety standard de-
termination under section 6(b). 
‘‘(3) Not later than 30 days after the date on 
which a manufacturer or processor commences man-
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clared under section 8(a), even where such use has 
previously been declared by another party, shall sub-
mit the declaration required by section 8(a) within 
6 months of initiating manufacture, processing, or 
distribution for that use. 
‘‘(3) For any chemical substance subject to a 
Significant New Use Rule pursuant to part 721 of 
title 40, Code of Federal Regulations, as of the date 
of enactment of the Toxic Chemicals Safety Act of 
2010, the requirements of that rule shall apply to all 
manufacturers and processors of the chemical sub-
stance whether or not the Administrator determines 
a use to be new pursuant to subsection (a), unless 
and until the chemical substance receives a safety 
standard determination and, if appropriate, condi-
tions or prohibitions are imposed pursuant to section 
6, after which the Significant New Use Rule shall 
cease to apply. 
‘‘(4) For a chemical substance or mixture that 
is subject to a rule or order under section 4, the 
manufacturer or processor of such chemical for any 
use which has not previously been declared under 
section 8 shall submit to the Administrator any data 
required in accordance with such rule or order with 
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the notice under subsection (a)(1)(A) or the declara-
tion under this subsection, as appropriate. 
‘‘(5) Not later than 90 days after submission of 
a notice under subsection (a)(1)(A), and data under 
paragraph (4), if required, the Administrator shall 
determine, pursuant to subsection (a)(1)(B), wheth-
er the use is a critical use or whether a safety stand-
ard determination is required by that paragraph. 
Not later than 9 months after the date of such de-
termination, the Administrator shall complete any 
such required safety standard determination. The 
Administrator’s failure to make a determination pur-
suant to this paragraph in a timely manner shall not 
be deemed to satisfy subsection (a)(1)(B).’’. 
(3) By striking subsection (c) and redesignating 
subsection (d) as subsection (c). 
(4) By amending subsection (c), as redesig-
nated by paragraph (3) of this section, to read as 
follows: 
‘‘(c) CONTENT OF NOTICE; PUBLICATIONS.—The no-
tice required by subsection (a)(1)(A) shall include— 
‘‘(1) the declaration under section 8(a)(2); 
‘‘(2) the minimum data set, as defined pursuant 
to section 4(a); and 
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‘‘(3) a statement that the chemical substance or 
mixture is reasonably anticipated to meet or con-
tinue to meet the safety standard under section 6(b), 
and a justification for such statement. 
Such a notice shall be made available, subject to sec-
tion 14, in the public database established pursuant 
to section 8(d).’’; 
(5) By striking subsections (e), (f), and (g), 
and redesignating subsections (h) and (i) as sub-
sections (d) and (e), respectively. 
(6) In subsection (d), as redesignated by para-
graph (5) of this section— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as paragraphs (3) through (5), re-
spectively; 
(B) by redesignating paragraphs (5) and 
(6) as paragraphs (6) and (7), respectively; 
(C) by striking paragraph (4); 
(D) by inserting, before paragraph (3), as 
redesignated by subparagraph (A) of this para-
graph, the following new paragraphs: 
‘‘(1) Any new chemical substance or new use of 
a chemical substance or mixture approved pursuant 
to section 35 as a safer alternative shall be exempt 
from the requirements of this section. 
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‘‘(2) The Administrator may exempt any new 
chemical substance or new use of a chemical sub-
stance or mixture from the requirements of this sec-
tion pursuant to section 39.’’; 
(E) in paragraph (3), as redesignated by 
subparagraph (A) of this paragraph— 
(i) by inserting ‘‘and by order,’’ after 
‘‘upon application,’’; and 
(ii) by striking ‘‘any unreasonable’’ 
and inserting ‘‘a substantial’’; 
(F) in paragraph (4), as redesignated by 
subparagraph (A) of this paragraph— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) The Administrator shall exempt any per-
son from the requirement to submit data for a 
chemical substance or mixture pursuant to sub-
section (b)(4), if upon receipt of an application from 
such person, the Administrator determines that— 
‘‘(i) the chemical substance or mixture 
with respect to which such application was sub-
mitted is equivalent to a chemical substance or 
mixture for which data has been submitted to 
the Administrator as required by this Act; and 
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‘‘(ii) submission of data by the applicant 
on such substance or mixture would be duplica-
tive of data which has been submitted to the 
Administrator in accordance with subsection 
(b)(4). 
No exemption which is granted under this subpara-
graph with respect to the submission of data for a 
chemical substance or mixture may take effect be-
fore the beginning of the reimbursement period ap-
plicable to such data.’’; and 
(ii) in subparagraph (B), by striking 
‘‘subsection (b)(2)’’ each place it appears 
and inserting ‘‘subsection (b)(4)’’; 
(G) in paragraph (6), as redesignated by 
subparagraph (B) or this paragraph, by insert-
ing ‘‘, including occupational exposure’’ after 
‘‘human or environmental exposure’’; and 
(H) in paragraph (7), as redesignated by 
subparagraph (B) of this paragraph, by striking 
‘‘(1) or (5)’’ and inserting ‘‘(3) or (6)’’. 
SEC. 6. PRIORITIZATION, SAFETY STANDARD DETERMINA-
TION, AND RISK MANAGEMENT. 
(a) SAFETY STANDARD DETERMINATION.—Section 6 
of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended as follows: 
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(1) By amending the section heading to read as 
follows: ‘‘PRIORITIZATION, SAFETY
STANDARD 
DETERMINATION, AND RISK MANAGEMENT’’. 
(2) By striking subsection (d). 
(3) By redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively. 
(4) By redesignating subsections (a) through 
(c) as subsections (c) through (e), respectively. 
(5) By inserting before subsection (c), as redes-
ignated by paragraph (4) of this subsection, the fol-
lowing new subsections: 
‘‘(a) PRIORITY LIST FOR SAFETY STANDARD DETER-
MINATIONS.— 
‘‘(1) ESTABLISHMENT OF LIST.— 
‘‘(A) As of the date of enactment of the 
Toxic Chemicals Safety Act of 2010, there shall 
be established a list of chemical substances for 
which safety standard determinations under 
this section shall first be made, which shall con-
sist of the following chemical substances: 
‘‘(i) Bisphenol A. 
‘‘(ii) Formaldehyde. 
‘‘(iii) N–Hexane. 
‘‘(iv) Hexavalent chromium. 
‘‘(v) Methylene chloride. 
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‘‘(vi) Trichloroethylene. 
‘‘(vii) Vinyl chloride. 
‘‘(viii) The following phthalates: 
‘‘(I) Benzylbutyl phthalate. 
‘‘(II) Dibutyl phthalate. 
‘‘(III) Diethylhexyl phthalate. 
‘‘(IV) Di-isodecyl phthalate. 
‘‘(V) Di-isononyl phthalate. 
‘‘(VI) Di-n-hexyl phthalate. 
‘‘(VII) Di-n-octyl phthalate. 
‘‘(ix) Perchlorate. 
‘‘(x) Tetrachloroethylene. 
‘‘(xi) 
Tris 
(1,3-dichloro-2-propyl) 
phosphate. 
‘‘(xii) Tris (2-chloroethyl) phosphate. 
‘‘(xiii) Tris (2,3-dibromopropyl) phos-
phate. 
‘‘(B) Not later than 12 months after the 
date of enactment of the Toxic Chemicals Safe-
ty Act of 2010, the Administrator shall update 
the list established in subparagraph (A) and 
publish in the Federal Register, after notice 
and opportunity for comment, the updated list 
which shall consist of not fewer than 300 chem-
ical substances, along with a justification for 
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such listing. Chemical substances shall be listed 
at the Administrator’s discretion, based on 
available scientific evidence and consideration of 
their hazard, exposure, or risk relative to other 
chemical substances, aggregate or cumulative 
exposure, evidence of exposure to humans in-
cluding presence in human or animal biological 
and environmental media including in the work-
place, use, volume of manufacture, toxicological 
properties, persistence, bioaccumulation, or 
other properties indicating risk. 
‘‘(2) UPDATING OF LIST.—The Administrator 
shall— 
‘‘(A) remove a chemical substance from the 
list under paragraph (1) only after the safety 
standard determination has been made for such 
chemical substance pursuant to subsection (b); 
and 
‘‘(B) add chemical substances to the list 
periodically so that the number of chemical sub-
stances on the list will not be fewer than 300 
at any given time, until such time as all chem-
ical substances manufactured, processed, or dis-
tributed in commerce have been listed, have re-
ceived a safety standard determination, or have 
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been exempted from the requirement to receive 
a safety standard determination pursuant to 
section 35 or section 39. Additions to the list 
shall be consistent with paragraph (1) and, to 
the extent practicable, based on consideration of 
hazard, exposure, or risk relative to listed 
chemical substances. Such additions to the list 
may be made in response to petitions under sec-
tion 21 or recommendations from the Inter-
agency Testing Committee under section 4(e). 
‘‘(3) MIXTURES.—The Administrator may add 
a mixture to the priority list based on available sci-
entific evidence and the considerations for listing de-
scribed in paragraph (1). 
‘‘(b) SAFETY STANDARD DETERMINATIONS.— 
‘‘(1) SAFETY STANDARD.— 
‘‘(A) The Administrator shall apply, as the 
safety standard under this title, a standard that 
takes into account aggregate exposure to a 
chemical substance or mixture and ensures 
that, for all intended uses— 
‘‘(i) with regard to public health, 
there is a reasonable certainty that no 
harm will result, including to vulnerable 
populations; and 
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‘‘(ii) the public welfare is protected. 
‘‘(B) In making a determination under this 
subsection, the Administrator shall consider, 
among other relevant factors–— 
‘‘(i) the lifecycle of the chemical sub-
stance or mixture; and 
‘‘(ii) available information concerning 
the cumulative effects of exposure to chem-
ical substances or mixtures. 
‘‘(2) BURDEN OF PROOF.—The manufacturers 
and processors of a chemical substance or mixture 
shall bear the burden of proving that the chemical 
substance or mixture meets the safety standard. 
‘‘(3) DETERMINATION.— 
‘‘(A) For each chemical substance or mix-
ture listed under subsection (a), the Adminis-
trator shall determine whether the chemical 
substance or mixture meets the safety standard, 
taking into account any existing conditions or 
controls already in effect, or can be made to 
meet the safety standard through the imposi-
tion of additional conditions under subsection 
(c), and whether intended uses that do not meet 
the safety standard are critical. In making this 
determination, the Administrator may consider 
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exposures associated with known or foreseeable 
uses that are not intended uses identified by the 
manufacturers and processors of the substance 
or mixture. 
‘‘(B) The determination under subpara-
graph (A) shall be made in keeping with stand-
ards for assessment developed under paragraph 
(4). 
‘‘(C) Except as provided in subparagraph 
(D), the determination under subparagraph (A) 
shall be completed and published not later than 
30 months after the date on which the chemical 
substance or mixture is placed on the priority 
list, or, for a chemical substance listed in sub-
section (a)(1)(A), not later than 18 months 
after the date of enactment of the Toxic Chemi-
cals Safety Act of 2010. 
‘‘(D) In assessing risk to make the deter-
mination under subparagraph (A), the Adminis-
trator may require the submission of additional 
information by the manufacturer or processor. 
If additional information is required, the deter-
mination shall be completed and published not 
later than 12 months after the submission of all 
required information. Failure to submit re-
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quired information in the period specified in 
section 4(b)(3)(C), as applicable, or by such 
other reasonable deadlines as the Administrator 
shall establish shall constitute grounds for de-
termining that the chemical substance or mix-
ture does not meet the safety standard. 
‘‘(4) STANDARDS FOR ASSESSMENT OF DATA.— 
‘‘(A) Not later than 18 months after the 
date of enactment of the Toxic Chemicals Safe-
ty Act of 2010, the Administrator shall, after 
providing for notice and opportunity for com-
ment, develop and publish guidance regarding 
the use of science in making determinations 
under this subsection. In developing such guid-
ance, the Administrator shall rely upon the rec-
ommendations of the National Academy of 
Sciences report entitled ‘Science and Decisions’. 
‘‘(B) Not later than 5 years after the date 
of enactment of the Toxic Chemicals Safety Act 
of 2010, and not less often than once every 5 
years thereafter, the Administrator shall review 
the guidance under this paragraph and may re-
vise the guidance to reflect new scientific devel-
opments or understanding. 
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‘‘(5) PUBLICATION.—The Administrator shall 
make publicly available, and enter into the public 
database established pursuant to section 8(d), the 
determination made pursuant to paragraph (3) with 
a list of allowed uses and any conditions on those 
uses necessary to ensure that the safety standard is 
met. 
‘‘(6) RENEWAL AND REDETERMINATION.—The 
determination made pursuant to paragraph (3) re-
garding a chemical substance or mixture shall re-
main in effect for 15 years, except that the Adminis-
trator shall make a redetermination pursuant to 
paragraph (3) if a new use of such chemical sub-
stance or mixture is proposed under section 5, or 
new information related to such chemical substance 
or mixture raises a credible question as to whether 
the chemical substance or mixture continues to meet 
the safety standard. The Administrator may renew 
a determination made pursuant to paragraph (3) for 
additional 15 year periods. The burden of proof for 
renewal of a determination or redetermination shall 
remain with the manufacturers and processors of 
each chemical substance or mixture. 
‘‘(7) FAILURE
TO
MEET
DEADLINES.—If the 
Administrator fails to publish or renew a determina-
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tion or publish a redetermination by the applicable 
deadline pursuant to this subsection, the Adminis-
trator shall promptly publish notice of such failure 
in the Federal Register, identifying the chemical 
substance or mixture and any information gaps that 
have impeded the determination, shall prohibit new 
manufacturers or processors or new uses of the 
chemical substance or mixture until the determina-
tion is published, and shall require manufacturers 
and processors of the chemical substance or mixture 
to provide, within a reasonable timeframe as deter-
mined by the Administrator, written notice to the 
public, their employees and their commercial cus-
tomers that a safety standard determination of the 
chemical substance or mixture is pending.’’. 
(6) By amending subsection (c), as redesig-
nated by paragraph (4) of this subsection, to read 
as follows: 
‘‘(c) RISK MANAGEMENT.— 
‘‘(1) CHEMICAL
SUBSTANCES
AND
MIXTURES 
DETERMINED
TO
MEET
THE
SAFETY
STANDARD 
WITHOUT
CONDITIONS.—A chemical substance or 
mixture, for which the Administrator has deter-
mined, pursuant to subsection (b)(3), that the chem-
ical substance or mixture meets the safety standard 
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without imposition of conditions under this sub-
section, may be manufactured, processed, and dis-
tributed in commerce for uses identified and in-
cluded in the safety standard determination. The 
Administrator may make such determination contin-
gent on the continuation of conditions or controls al-
ready in effect, if any. 
‘‘(2) CHEMICAL
SUBSTANCES
AND
MIXTURES 
DETERMINED
TO
MEET
THE
SAFETY
STANDARD 
WITH
CONDITIONS.—Except as the Administrator 
determines pursuant to subsection (e), a chemical 
substance or mixture, for which the Administrator 
has determined, pursuant to subsection (b)(3), that 
imposition of conditions under this subsection is re-
quired to ensure that the chemical substance or mix-
ture meets the safety standard, shall be subject to 
conditions on manufacture, processing, use, distribu-
tion in commerce, or disposal, as specified by the 
Administrator. Such conditions shall be identified in 
a manner that ensures effective and efficient protec-
tion of health and the environment and may include: 
‘‘(A) A requirement— 
‘‘(i) prohibiting the manufacturing, 
processing, or distribution in commerce of 
such substance or mixture; or 
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‘‘(ii) limiting the amount of such sub-
stance or mixture which may be manufac-
tured, processed, or distributed in com-
merce. 
‘‘(B) A requirement— 
‘‘(i) 
prohibiting 
the 
manufacture, 
processing, or distribution in commerce of 
such substance or mixture for— 
‘‘(I) a particular use; or 
‘‘(II) a particular use in a con-
centration in excess of a level specified 
by the Administrator in the safety 
standard determination; or 
‘‘(ii) limiting the amount of such sub-
stance or mixture which may be manufac-
tured, processed, or distributed in com-
merce for— 
‘‘(I) a particular use; or 
‘‘(II) a particular use in a con-
centration in excess of a level specified 
by the Administrator in the safety 
standard determination. 
‘‘(C) A requirement that such substance or 
mixture, or any article containing such sub-
stance or mixture, be marked with or accom-
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panied by clear and adequate warnings and in-
structions with respect to its use, distribution in 
commerce, or disposal or with respect to any 
combination of such activities. The form and 
content of such warnings and instructions shall 
be prescribed by the Administrator or by the 
appropriate agency as determined under section 
9, and shall be consistent with the Globally 
Harmonized System of Labeling and Classifica-
tion of Chemicals. 
‘‘(D) A requirement that manufacturers 
and processors of such substance or mixture 
make and retain records of the processes used 
to manufacture or process such substance or 
mixture, or any article containing such sub-
stance or mixture, and monitor or conduct tests 
which are reasonable and necessary to assure 
compliance with the requirements of any rule 
applicable under this paragraph. 
‘‘(E) A requirement prohibiting or other-
wise regulating any manner or method of man-
ufacturing, processing, distribution in commerce 
or commercial use of such substance or mix-
ture. 
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‘‘(F) A requirement that prescribes specific 
control measures to reduce occupational expo-
sures shall reflect the industrial hygiene hier-
archy of controls. 
‘‘(G)(i) A requirement prohibiting or other-
wise regulating any manner or method of dis-
posal of such substance or mixture, or of any 
article containing such substance or mixture, by 
its manufacturer or processor or by any other 
person who uses, or disposes of, it for commer-
cial purposes. 
‘‘(ii) A requirement under clause (i) may 
not require any person to take any action which 
would be in violation of any law or requirement 
of, or in effect for, a State or political subdivi-
sion, and shall require each person subject to it 
to notify each State and political subdivision or 
tribe in which a required disposal may occur of 
such disposal. 
‘‘(H) A requirement that the manufactur-
ers and processors of such chemical substance 
or mixture, or article containing such chemical 
substance or mixture, develop a risk reduction 
management plan to achieve a risk reduction 
specified by the Administrator. For all cases in 
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which a risk reduction management plan re-
quires a reduction in occupational exposure, the 
specified level or risk reduction is to be achieved 
through application of the industrial hygiene hi-
erarchy of controls. 
Where the Administrator determines that conditions 
under this subsection are necessary to ensure that a 
chemical substance or mixture meets the safety 
standard, the Administrator shall require that such 
conditions be met within one year after publication 
of the determination under subsection (b), or as 
quickly as feasible and in no case later than 3 years 
after such publication. The Administrator, in deter-
mining the deadline for compliance with conditions 
pursuant to this subsection, shall consider human 
health and the environment as the primary and 
paramount concern, and shall also consider the tech-
nological feasibility of compliance, the economic im-
pact of compliance, the benefits of earlier compli-
ance, and other relevant considerations. After the 
date or dates on which conditions become effective, 
no person shall manufacture, process, use for com-
mercial purposes, distribute in commerce, or dispose 
of the chemical substance or mixture, or any article 
containing such substance or mixture, unless the ap-
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plicable conditions of the determination are met with 
respect to that person’s activities. 
‘‘(3) CHEMICAL
SUBSTANCES
AND
MIXTURES 
DETERMINED NOT TO MEET THE SAFETY STAND-
ARD.—Except as the Administrator determines pur-
suant to subsection (e): 
‘‘(A) If the Administrator determines that 
an existing chemical substance or mixture has 
not been proven to meet the safety standard, 
pursuant to subsection (b)(3), effective 1 year 
after publication of that determination, or as 
quickly as feasible and in no case later than 3 
years after such publication, no person shall 
manufacture, process, use for commercial pur-
poses or distribute in commerce the chemical 
substance or mixture. The Administrator, in de-
termining the deadline for compliance with this 
subsection, shall consider human health and the 
environment as the primary and paramount 
concern, and shall also consider the techno-
logical feasibility of compliance, the economic 
impact of compliance, and other relevant con-
siderations. 
‘‘(B) If the Administrator determines that 
a new chemical substance or mixture has not 
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been proven to meet the safety standard, no 
person shall manufacture, process, or distribute 
in commerce the new chemical substance or 
mixture. 
‘‘(C) If the Administrator determines that 
an existing chemical substance or mixture has 
not been proven to meet the safety standard for 
a new use, no person shall manufacture, proc-
ess, use, or distribute in commerce the existing 
chemical substance or mixture for the new 
use.’’. 
(7) In subsection (d), as redesignated by para-
graph (4) of this subsection, by striking ‘‘present an 
unreasonable’’ each place it appears and inserting 
‘‘present a significant’’. 
(8) By amending subsection (e), as redesig-
nated by paragraph (4) of this subsection, to read 
as follows: 
‘‘(e) CRITICAL USE EXEMPTIONS.— 
‘‘(1) Exemptions from restrictions on manufac-
ture, processing, use, distribution in commerce, or 
disposal imposed under subsection (c) may be re-
quested for a specific use by a manufacturer or proc-
essor of a chemical substance or mixture, and may 
be granted by the Administrator, after providing 
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public notice and opportunity for comment, if the 
Administrator determines that the manufacturer or 
processor has demonstrated by clear and convincing 
evidence that— 
‘‘(A)(i) an exemption for the specific use is 
in the paramount interest of national security 
as determined under section 22; 
‘‘(ii) the restriction would significantly dis-
rupt the national economy; or 
‘‘(iii) the specific use is a critical or essen-
tial use; and 
‘‘(B)(i) no feasible safer alternative for the 
specified use is available; or 
‘‘(ii) the specified use of the chemical sub-
stance or mixture provides a net benefit to 
health or the environment when compared to all 
available alternatives. 
‘‘(2) Exemptions granted under paragraph (1) 
shall expire after a period not to exceed 5 years, but 
may be renewed for one or more additional 5 year 
periods if the Administrator finds that the use con-
tinues to meet the requirements of paragraph (1). 
‘‘(3) Notice of any exemption granted under 
this subsection shall be provided— 
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‘‘(A) to known commercial purchasers by 
the manufacturers and processors of the subject 
chemical substance or mixture; and 
‘‘(B) to the public by the Administrator. 
‘‘(4) The Administrator shall impose conditions 
on any use receiving an exemption under this sub-
section to reduce risk from the chemical substance 
or mixture to the greatest extent feasible. Such con-
ditions shall take effect upon the granting of such 
exemption under paragraph (1). For cases in which 
such conditions are related to occupational exposure, 
exposure shall be controlled through application of 
the industrial hygiene hierarchy of controls.’’. 
(9) In subsection (f), as redesignated by para-
graph (3) of this subsection— 
(A) in paragraph (2), by striking ‘‘an un-
reasonable risk of injury to health or the envi-
ronment’’ and inserting ‘‘a substantial risk of 
injury to health or the environment, and will 
comply with section 37 and any regulations pre-
scribed thereunder’’; 
(B) in paragraph (3)(B)— 
(i) in clause (i)— 
(I) by striking ‘‘an unreasonable’’ 
and inserting ‘‘a substantial’’; and 
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(II) by striking ‘‘, and’’ and in-
serting a semicolon; 
(ii) in clause (ii)— 
(I) by striking ‘‘which does not 
present an unreasonable risk of injury 
to health or the environment’’ and in-
serting ‘‘that meets the safety stand-
ard under subsection (b)’’; and 
(II) by inserting ‘‘and’’ after 
‘‘biphenyl;’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iii) the terms of the exemption will 
comply with section 37 and any regulations 
prescribed thereunder.’’; 
(C) by striking paragraph (4); and 
(D) by redesignating paragraph (5) as 
paragraph (4). 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Toxic Substances Control Act is amended 
by amending the item relating to section 6 to read as fol-
lows: 
‘‘Sec. 6. Prioritization, safety standard determination, and risk management.’’. 
SEC. 7. IMMINENT HAZARDS. 
Section 7 of the Toxic Substances Control Act (15 
U.S.C. 2606) is amended as follows: 
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(1) By amending subsection (a) to read as fol-
lows: 
‘‘(a) ACTIONS AUTHORIZED AND REQUIRED.— 
‘‘(1) CIVIL
ACTION.—The Administrator may 
commence a civil action in an appropriate district 
court of the United States for— 
‘‘(A) seizure of a chemical substance or 
mixture or any article containing such a sub-
stance or mixture, that may present an immi-
nent and substantial endangerment to health or 
the environment; 
‘‘(B) relief (as authorized by subsection 
(b)) against any person who manufactures, 
processes, distributes in commerce, uses, or dis-
poses of, a chemical substance or mixture or 
any article containing such a substance or mix-
ture, that may present an imminent and sub-
stantial endangerment to health or the environ-
ment; or 
‘‘(C) both such seizure described in sub-
paragraph (A) and relief described in subpara-
graph (B). 
‘‘(2) OTHER ACTIONS.—The Administrator may 
issue such orders as may be necessary to protect 
health or the environment from a chemical substance 
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or mixture or article containing such substance or 
mixture that may present an imminent and substan-
tial endangerment to health or the environment. 
Such orders may include any requirements on the 
manufacture, processing, distribution in commerce, 
use, or disposal of a chemical substance or mixture, 
or article containing such substance or mixture, as 
the Administrator determines are necessary to pro-
tect health or the environment, including the condi-
tions that may be imposed under section 6(c)(2) and 
the relief authorized in subsection (b) of this section. 
‘‘(3) RELATIONSHIP TO EXISTING RULES, OR-
DERS, AND PROCEEDINGS.—A civil action may be 
commenced under paragraph (1) or other action may 
be taken under paragraph (2), notwithstanding the 
existence of a rule or order under this Act and not-
withstanding the pendency of any administrative or 
judicial proceeding under this Act.’’. 
(2) In subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘subsection (a)’’ and 
inserting ‘‘subsection (a)(1)’’; and 
(ii) by striking ‘‘unreasonable risk’’ 
and inserting ‘‘imminent and substantial 
endangerment’’; 
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(B) in paragraph (2)— 
(i) by striking ‘‘subsection (a)’’ and 
inserting ‘‘subsection (a)(1)’’; 
(ii) by striking ‘‘or distributes in com-
merce’’ and inserting ‘‘distributes in com-
merce, uses, or disposes of’’; 
(iii) by striking ‘‘risk’’ each place it 
appears and inserting ‘‘hazard’’; and 
(iv) by striking ‘‘or (E)’’ and inserting 
‘‘(E) conditions that may be imposed 
under section 6(c); or (F)’’; and 
(C) in paragraph (3), by striking ‘‘sub-
section (a)’’ and inserting ‘‘subsection (a)(1)’’. 
(3) In subsection (c), by striking ‘‘subsection 
(a)’’ each place it appears and inserting ‘‘subsection 
(a)(1)’’. 
(4) By amending subsection (d) to read as fol-
lows: 
‘‘(d) ACTION UNDER SECTION 6.—As appropriate, 
concurrently with the filing of an action under subsection 
(a)(1) or as soon thereafter as may be practicable, the Ad-
ministrator shall add the subject chemical substance or 
mixture to the priority list under section 6(a) or initiate 
a redetermination of whether the subject chemical sub-
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stance or mixture meets the safety standard under section 
6(b).’’. 
(5) In subsection (e), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsection (a)(1)’’. 
(6) By striking subsection (f). 
SEC. 8. REPORTING AND RETENTION OF INFORMATION. 
Section 8 of the Toxic Substances Control Act (15 
U.S.C. 2607) is amended— 
(1) by striking subsection (a) and redesignating 
subsection (b) as subsection (c); 
(2) by redesignating subsection (e) as sub-
section (h); 
(3) by redesignating subsection (c) as sub-
section (e); 
(4) by striking subsection (d); 
(5) by redesignating subsection (f) as sub-
section (j); 
(6) by inserting before subsection (c), as redes-
ignated by paragraph (1) of this section, the fol-
lowing new subsections: 
‘‘(a) DECLARATIONS.— 
‘‘(1) IN GENERAL.—(A) Each manufacturer or 
processor of a chemical substance distributed in 
commerce shall submit to the Administrator a dec-
laration described in paragraph (2) or (3), accom-
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panied by the certification described in subsection 
(i), not later than 1 year after the date of enactment 
of the Toxic Chemicals Safety Act of 2010 or 1 year 
after commencement of such manufacturing or proc-
essing, whichever is earlier. 
‘‘(B) The Administrator may additionally re-
quire submission of a declaration described in para-
graph (2) or (3), accompanied by the certification 
described in subsection (i), from any manufacturer 
or processor of a mixture determined by the Admin-
istrator to have substance characteristics different 
from the substance characteristics of the constituent 
chemical substances, in kind or degree. 
‘‘(2) DECLARATION
OF
CURRENT
MANUFAC-
TURE OR PROCESSING.—A declaration described in 
this paragraph is a statement that includes, for each 
chemical substance or mixture that is manufactured 
or processed by a manufacturer or processor— 
‘‘(A) the chemical identity of the chemical 
substance or mixture; 
‘‘(B) the name and location of each facility 
under the control of the manufacturer or proc-
essor at which the chemical substance or mix-
ture is manufactured or processed or from 
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which the chemical substance or mixture is dis-
tributed in commerce; 
‘‘(C) the number of individuals exposed, 
and reasonable estimates of the number who 
will be exposed, to such substance or mixture in 
their places of employment and the duration of 
such exposure; 
‘‘(D) a list of health and safety studies 
conducted or initiated by or for, known to, or 
reasonably ascertainable by the manufacturer 
or processor with respect to the chemical sub-
stance or mixture, and copies of any such stud-
ies that have not previously been submitted to 
the Administrator by the manufacturer or proc-
essor; and 
‘‘(E) all other information known to, in the 
possession or control of, or reasonably ascer-
tainable by the manufacturer or processor that 
has not previously been submitted to the Ad-
ministrator by the manufacturer or processor 
regarding— 
‘‘(i) the physical, chemical, and toxi-
cological properties of the chemical sub-
stance or mixture, including classification 
of the toxicity of the chemical in accord-
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ance with the Globally Harmonized System 
for Hazard Communication; 
‘‘(ii) the categories or proposed cat-
egories of intended use of each such sub-
stance or mixture; 
‘‘(iii) the total amount of each sub-
stance and mixture manufactured or proc-
essed, reasonable estimates of the total 
amount to be manufactured or processed, 
the amount manufactured or processed for 
each of its categories of use, and reason-
able estimates of the amount to be manu-
factured or processed for each of its cat-
egories of use or proposed categories of 
use; 
‘‘(iv) a description of the byproducts 
resulting from the manufacture, proc-
essing, use, or disposal of each such sub-
stance or mixture; 
‘‘(v) exposure information relating to 
the chemical substance or mixture; 
‘‘(vi) any condition or conditions cur-
rently placed on the chemical substance or 
mixture due to regulation under any Fed-
eral law or due to voluntary action; and 
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‘‘(vii) for a processor of a chemical 
substance, any information indicating that 
a mixture including the chemical substance 
has substance characteristics that are dif-
ferent from the substance characteristics of 
the named chemical substances, in kind or 
degree. 
To the extent feasible, the Administrator shall 
not require under paragraph (1), any reporting 
which is unnecessary or duplicative. 
‘‘(3) DECLARATION OF PERMANENT CESSATION 
OF MANUFACTURING OR PROCESSING.—A manufac-
turer or processor that permanently ceases manufac-
ture or processing of a chemical substance or mix-
ture shall file a declaration certifying that the manu-
facturer or processor has permanently ceased all 
manufacturing or processing of the chemical sub-
stance or mixture, not later than 180 days after ces-
sation is complete. A declaration under this para-
graph may be filed based on an intention to perma-
nently cease manufacture or processing, in which 
case such cessation must be completed not later 
than 180 days after the declaration is filed. 
‘‘(4) UPDATING OF DECLARATION.—Each man-
ufacturer or processor of a chemical substance or 
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mixture that submits to the Administrator a declara-
tion required under paragraph (2) shall submit an 
update of the previously submitted declaration to the 
Administrator, at a minimum, once every 3 years, 
and immediately, at any time at which there be-
comes known or available to, in the possession or 
control of, or reasonably ascertainable by the manu-
facturer or processor, significant new information re-
garding a physical, chemical, toxicological property 
or use of, or exposure to, the chemical substance or 
mixture, indicating a new potential adverse effect of 
the chemical substance or mixture, suggesting an 
adverse effect at a lower dose than previously dem-
onstrated, or otherwise reasonably relevant to an 
analysis of whether the chemical substance or mix-
ture meets the safety standard under section 6. 
‘‘(5) RECORDS TO SUPPORT DECLARATIONS.— 
Each manufacturer or processor of a chemical sub-
stance, substance, or mixture, as applicable, distrib-
uted in commerce shall maintain records of the in-
formation described in subparagraphs (A) through 
(E) of paragraph (2). 
‘‘(6) PROHIBITION.—The Administrator may 
impose penalties, pursuant to section 16, on a manu-
facturer or processor in violation of paragraphs (1) 
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or (4), or, by order, prohibit, or otherwise impose 
conditions under section 6(c), on the manufacture, 
processing, or distribution in commerce of a chem-
ical substance or mixture, or any article containing 
such chemical substance or mixture, by a manufac-
turer or processor in violation of such paragraphs. 
‘‘(b) RECORDKEEPING AND REPORTS.— 
‘‘(1) The Administrator may, by rule or order, 
require any person who manufactures, processes, 
distributes in commerce, uses for commercial pur-
poses, repackages, or disposes of a chemical sub-
stance, mixture, or article containing such substance 
or mixture (other than as described in paragraph 
(2)) to maintain records of and submit reports by a 
specified date, to supply any information concerning 
the chemical substance, mixture, or article con-
taining such substance or mixture that, in the judg-
ment of the Administrator, would assist the Admin-
istrator in— 
‘‘(A) making a safety standard determina-
tion with respect to a chemical substance or 
mixture under this title; or 
‘‘(B) administering any other provision of 
this Act. 
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‘‘(2) With respect to the manufacture, proc-
essing, distribution in commerce, use, or disposal of 
a chemical substance or mixture in small quantities 
(as defined by the Administrator by rule) solely for 
purposes of scientific experimentation or analysis or 
chemical research, including any such research or 
analysis for the development of a product, the Ad-
ministrator may require a person to maintain 
records or submit a report under paragraph (1) only 
to the extent the Administrator determines the 
maintenance of records or submission of reports, or 
both, is necessary for the effective enforcement of 
this Act. 
‘‘(3) The Administrator may impose penalties, 
pursuant to section 16, on a person in violation of 
a requirement of a rule or order under paragraph 
(1) or, by order, prohibit, or otherwise impose condi-
tions under section 6(c), on the manufacture, proc-
essing, or distribution in commerce of a chemical 
substance or mixture, or any article containing such 
chemical substance or mixture, by a person in viola-
tion of such a requirement.’’; 
(7) in subsection (c), as redesignated by para-
graph (1) of this section— 
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(A) in the subsection heading, by inserting 
‘‘AND CATEGORIZATION’’ after ‘‘INVENTORY’’; 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) INVENTORY.—The Administrator shall 
compile, keep current, publish and enter into the 
public database established pursuant to subsection 
(d) a list of each chemical substance, and each mix-
ture for which a declaration is received, which is 
manufactured or processed in the United States. 
Such list shall at least include each such chemical 
substance or mixture which any person reports, 
under section 5 or subsection (a)(2) of this section, 
is manufactured or processed in the United States, 
but shall not include any chemical substance or mix-
ture for which all manufacturers and processors 
have submitted declarations under subsection (a)(3). 
In the case of a chemical substance or mixture for 
which a notice is submitted in accordance with sec-
tion 5, the date of such notice shall be included in 
the list under this section, in addition to the date on 
which the chemical substance or mixture was first 
added to the list. The Administrator shall first pub-
lish such a list not later than 24 months after the 
effective date of the Toxic Chemicals Safety Act of 
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2010. The Administrator shall not include in such 
list any chemical substance or mixture which is man-
ufactured or processed only in small quantities (as 
defined by the Administrator by rule) solely for pur-
poses of scientific experimentation or analysis or 
chemical research on, or analysis of, such substance 
or mixture or another substance or mixture, includ-
ing such research or analysis for the development of 
a product.’’; and 
(C) by amending paragraph (2) to read as 
follows: 
‘‘(2) CATEGORIZED
INVENTORY.—Not later 
than 5 years after the date of enactment of the 
Toxic Chemicals Safety Act of 2010, and no less 
than every 3 years thereafter, the Administrator 
shall publish in the Federal Register and enter in 
the public database established pursuant to sub-
section (d) a list of all chemical substances and mix-
tures manufactured, processed, or distributed in 
commerce that categorizes the chemical substances 
and mixtures, based on existing information avail-
able to the Administrator, based upon health or en-
vironmental adverse effects, exposure, or other cri-
teria that the Administrator determine appro-
priate.’’; 
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(8) by inserting after subsection (c), as redesig-
nated by paragraph (1) of this section, the following 
new subsection: 
‘‘(d) PUBLIC DATABASE AND ACCESS TO SIGNIFI-
CANT INFORMATION.— 
‘‘(1) PUBLIC DATABASE.—Not later than 1 year 
after the date of the enactment of Toxic Chemicals 
Safety Act of 2010, the Administrator shall estab-
lish— 
‘‘(A) an electronic database that is search-
able, sortable, downloadable, and publicly acces-
sible on the Internet for storing and sharing of 
information relating to the toxicity and use of, 
and exposure to, chemical substances and mix-
tures; and 
‘‘(B) procedures for use in maintaining 
and updating the database. 
‘‘(2) PUBLIC ACCESS TO SIGNIFICANT INFORMA-
TION.—Not later than 90 days after the date of any 
significant decision made by the Administrator or re-
ceipt by the Administrator of any significant infor-
mation submitted pursuant to this title, the Admin-
istrator shall, subject to section 14, make available 
to the public on the public database established pur-
suant to paragraph (1) such significant decision 
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made by the Administrator under this title or such 
significant information submitted pursuant to this 
title.’’; 
(9) in subsection (e), as redesignated by para-
graph (3) of this section— 
(A) in the subsection heading, by inserting 
‘‘OF SIGNIFICANT ADVERSE REACTIONS’’ after 
‘‘RECORDS’’; and 
(B) by inserting ‘‘Such records shall be 
submitted to the Administrator on an annual 
basis, or immediately upon request by the Ad-
ministrator.’’ after the first sentence; 
(10) by inserting after subsection (e), as redes-
ignated by paragraph (3) of this section, the fol-
lowing new subsections: 
‘‘(f) DISCLOSURES TO COMMERCIAL PURCHASERS.— 
Effective 1 year after the date of enactment of the Toxic 
Chemicals Safety Act of 2010, all manufacturers and 
processors of chemical substances and mixtures subject to 
this section shall provide, with shipment or promptly 
thereafter and by request, to all known commercial pur-
chasers of the chemical substances and mixtures they 
manufacture or process a disclosure, subject to section 14, 
of— 
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‘‘(1) the chemical identity of the chemical sub-
stance or, for mixtures, the chemical identity of all 
chemical ingredients; 
‘‘(2) all information regarding toxicological 
properties of the chemical substance or mixture sub-
mitted to the Administrator under subsection (a); 
‘‘(3) the list of health and safety studies sub-
mitted to the Administrator under subsection (a), 
with copies of the individual studies available upon 
request; and 
‘‘(4) any records of significant adverse reactions 
submitted to the Administrator under subsection (e). 
‘‘(g) INFORMATION IN THE POSSESSION OF OTHER 
FEDERAL AGENCIES.— 
‘‘(1) The Administrator may request, and upon 
such request a Federal agency shall submit to the 
Administrator, any information in the possession or 
control of such Federal agency relating to a hazard 
of, use of, exposure to, or risk of a chemical sub-
stance or mixture, or a report, including copies of 
the data and records in the possession or control of 
such Federal agency that may be useful to the Ad-
ministrator in carrying out the purposes of this Act. 
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‘‘(2) The Administrator shall specify the for-
mat, content, and level of detail of any report re-
quested under paragraph (1). 
‘‘(3) Each Federal agency shall make its initial 
submission to the Administrator within 60 days of 
receipt of the specification under paragraph (2). 
‘‘(4) The Administrator shall issue a request 
pursuant to paragraph (1) to each Federal agency 
which the Administrator reasonably expects may 
have information on chemical substances or mixtures 
that would assist the Administrator in making a 
safety standard determination for a chemical sub-
stance or mixture under this title. Such requests 
shall be issued by the Administrator not later than 
12 months after the date on which the Adminis-
trator lists a chemical substance or mixture on the 
priority list under section 6(a), or, for chemical sub-
stances identified in section 6(a)(1)(A), 12 months 
after enactment of the Toxic Chemicals Safety Act 
of 2010.’’; and 
(11) by inserting after subsection (h), as redes-
ignated by paragraph (2) of this section, the fol-
lowing new subsection: 
‘‘(i) CERTIFICATION.—Each submission required 
pursuant to this title, or pursuant to a rule or an order 
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promulgated or issued by the Administrator under this 
title, other than a submission under subsection (g), shall 
be accompanied by a certification signed by a responsible 
official of the submitting party that each statement con-
tained in the submission— 
‘‘(1) is accurate and reliable; and 
‘‘(2) includes all material facts known to, in the 
possession or control of, or reasonably ascertainable 
by the manufacturer or processor.’’. 
SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS. 
Section 9(a)(1) of the Toxic Substances Control Act 
(15 U.S.C. 2608(a)(1)) is amended— 
(1) by striking ‘‘the manufacture, processing, 
distribution in commerce, use, or disposal of’’ after 
‘‘If the Administrator has reasonable basis to con-
clude that’’; 
(2) by striking ‘‘, or that any combination of 
such activities, presents or will present an unreason-
able risk of injury to health or the environment’’ and 
inserting ‘‘does not meet the safety standard under 
section 6(b)’’; 
(3) by striking ‘‘such risk may be prevented’’ 
and inserting ‘‘that the risk associated with the 
chemical substance or mixture may be prevented’’; 
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(4) by striking ‘‘describes such risk’’ and insert-
ing ‘‘describes the risk associated with the chemical 
substance or mixture’’; and 
(5) in the matter following subparagraph (B)— 
(A) by striking ‘‘Any report’’ and inserting 
‘‘Any such report’’; 
(B) by striking ‘‘information on which it is 
based and shall be published in the Federal 
Register’’ and inserting ‘‘information on which 
it is based and shall be promptly published in 
the Federal Register and entered into the pub-
lic database established pursuant to section 
8(d)’’; 
(C) by inserting ‘‘and not more than 180 
days’’ after ‘‘but such time specified may not be 
less than 90 days’’; and 
(D) by inserting ‘‘and entered into the 
public database established pursuant to section 
8(d)’’ after ‘‘conclusions of the agency and shall 
be published in the Federal Register’’. 
SEC. 10. MIXTURES. 
(a) MIXTURE DEFINITION AND DETERMINATION.— 
Section 3 of the Toxic Substances Control Act (15 U.S.C. 
2602), as amended by section 3 of this Act, is further 
amended— 
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(1) by amending paragraph (8) to read as fol-
lows: 
‘‘(8) The term ‘mixture’ means any composition 
of two or more chemical substances if the composi-
tion does not occur in nature, and is not, in whole 
or in part, the result of a chemical reaction.’’; and 
(2) by inserting after paragraph (b)(2) the fol-
lowing new paragraph: 
‘‘(3) The Administrator may determine dif-
ferent mixtures comprised of the same chemical sub-
stances to be the same mixture for purposes of this 
Act, if the substance characteristics of the mixtures 
are identical. Mixtures which would be considered 
new mixtures but for grouping under this paragraph 
shall not be considered new mixtures for purposes of 
this Act.’’. 
(b) QUANTIFICATION.—Subsection (c) of section 8 of 
the Toxic Substances Control Act (15 U.S.C. 2607), as 
amended by section 8 of this Act, is further amended by 
adding at the end the following new paragraph: 
‘‘(3) MIXTURE
SURVEY.—Not later than 6 
years after the date of enactment of the Toxic 
Chemicals Safety Act of 2010, the Administrator 
shall, based on declarations under this section and 
a survey of processors as necessary and appropriate, 
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characterize the number of mixtures, including mix-
tures grouped pursuant to paragraph (b)(3) of sec-
tion 3, introduced into commerce in the United 
States, and the number of such mixtures that have 
or may have substance characteristics that are dif-
ferent, in kind or degree, from the substance charac-
teristics of the constituent chemical substances, and 
shall publish such characterization in the Federal 
Register and enter it in the public database estab-
lished in subsection (d).’’. 
SEC. 11. INSPECTIONS AND SUBPOENAS. 
Section 11 of the Toxic Substances Control Act (15 
U.S.C. 2610) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘commercial’’ after ‘‘es-
tablishment, facility, or other’’; 
(B) by striking ‘‘premises in which chem-
ical substances, mixtures’’ and inserting ‘‘prem-
ises in which chemical substances or mixtures 
subject to this Act, articles containing such sub-
stances or mixtures’’; 
(C) by inserting ‘‘and any place where 
records relating to such chemical substances, 
mixtures, articles, or products or otherwise re-
lating to compliance with this Act, are held’’ 
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after ‘‘or such articles in connection with dis-
tribution in commerce’’; and 
(D) by adding at the end the following: 
‘‘The Administrator, and any duly designated representa-
tive of the Administrator, may also inspect and obtain 
samples of any such chemical substances, mixtures, or ar-
ticles, and any containers or labeling of such chemical sub-
stances, mixtures, or articles.’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘chem-
ical substances, mixtures, or products’’ and in-
serting ‘‘chemical substances or mixtures sub-
ject to this Act, articles containing such sub-
stances or mixtures, or products’’; and 
(B) in paragraph (2)(E), by inserting ‘‘or 
order’’ after ‘‘rule’’. 
SEC. 12. EXPORTS. 
Section 12 of the Toxic Substances Control Act (15 
U.S.C. 2611) is amended— 
(1) by striking subsection (a) and redesignating 
subsections (b) and (c) as subsections (a) and (b), 
respectively; 
(2) in subsection (a), as redesignated by para-
graph (1) of this section— 
(A) in paragraph (1)— 
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(i) by striking ‘‘or intends to export’’; 
(ii) by striking ‘‘or 5(b)’’; 
(iii) by striking ‘‘or intent to export’’ 
and inserting ‘‘not later than 30 days after 
the date of exportation of the substance or 
mixture’’; and 
(iv) by inserting ‘‘promptly there-
after’’ before ‘‘furnish’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘or intends to export’’; 
(ii) by striking ‘‘an order has been 
issued under section 5 or a rule has been 
proposed or promulgated under section 5 
or 6, or with respect to which an action is 
pending, or relief has been granted under 
section 5 or 7’’ and inserting ‘‘a condition 
has been imposed pursuant to section 
6(c)(2) or an action has been taken pursu-
ant to section 7’’; 
(iii) by striking ‘‘or intent to export’’ 
and inserting ‘‘not later than 30 days after 
the date of exportation of the substance or 
mixture’’; 
(iv) by inserting ‘‘promptly there-
after’’ before ‘‘furnish’’; and 
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(v) by striking ‘‘such rule, order, ac-
tion, or relief’’ and inserting ‘‘such condi-
tion imposed pursuant to section 6(c)(2) or 
such action taken pursuant to section 7’’; 
and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3)(A) Any person that has previously notified 
the Administrator of the exportation of a chemical 
substance or mixture under this section shall notify 
the Administrator of any change in the information 
provided in the original notice not later than 30 
days after such a change. 
‘‘(B) The Administrator shall furnish, as 
promptly as feasible, an updated notice to the gov-
ernments that have been notified pursuant to para-
graphs (1) and (2) regarding the exportation of any 
chemical substance or mixture subject to this section 
if— 
‘‘(i) new data for such substance or mix-
ture have been received by the Administrator 
pursuant to section 4, section 5(b), section 8(e), 
or section 8(h); 
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‘‘(ii) the Administrator has received notice 
under subparagraph (A) of a change in the in-
formation provided in the original notice; or 
‘‘(iii) a change has been made in any con-
ditions imposed pursuant to section 6(c) or sec-
tion 7 for such substance or mixture.’’; 
(3) in subsection (b), as redesignated by para-
graph (1), by striking paragraph (2) and redesig-
nating paragraphs (3), (4), (5), and (6) as para-
graphs (2), (3), (4), and (5), respectively; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(c) CHEMICALS LISTED UNDER THE PIC CONVEN-
TION.—If any person intends to export to a foreign coun-
try a chemical substance or mixture listed in Annex III 
of the PIC Convention as of the date of enactment of the 
Toxic Chemicals Safety Act of 2010, such person shall file 
the notice required under subsection (a) not later than 30 
days prior to the date of exportation of such substance 
or mixture and shall include therein the information re-
quired for export under such Convention as of the date 
of enactment of the Toxic Chemicals Safety Act of 2010. 
‘‘(d) PUBLIC RECORDS.—The Administrator shall 
maintain copies of all current notices provided to other 
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governments under this section, and make such copies 
available to the public in electronic format. 
‘‘(e) DEFINITION.—For purposes of this title, the 
term ‘PIC Convention’ means the Rotterdam Convention 
on the Prior Informed Consent Procedure for Certain 
Hazardous Chemicals and Pesticides in International 
Trade, adopted in Rotterdam on September 10, 1998, and 
any subsequent amendment or protocol.’’. 
SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE 
UNITED STATES. 
Section 13 of the Toxic Substances Control Act (15 
U.S.C. 2612) is amended— 
(1) by redesignating subsections (a) and (b) as 
subsections (b) and (c), respectively; 
(2) by inserting, before subsection (b), as redes-
ignated by paragraph (1) of this section, the fol-
lowing new subsection: 
‘‘(a) DUTIES OF IMPORTERS.—The importer of any 
chemical substance, mixture, or article containing a chem-
ical substance or mixture for distribution in commerce 
shall satisfy all requirements under sections 4, 5, 6, and 
8 of this Act, without regard to whether the chemical sub-
stance or mixture has been formed into or contained in 
an article prior to importation.’’; 
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(3) in subsection (b), as redesignated by para-
graph (1) of this section— 
(A) by amending the subsection heading to 
read as follows: 
‘‘(b) ENTRY.—’’; 
(B) by striking ‘‘Secretary of the Treas-
ury’’ each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(C) in paragraph (1), by striking the em 
dash and subparagraphs (A) and (B) and in-
serting ‘‘the substance, mixture, or article fails 
to comply with or is offered for entry in viola-
tion of any rule or order in effect under this 
Act.’’; and 
(4) in subsection (c), as redesignated by para-
graph (1) of this section— 
(A) by striking ‘‘Secretary of the Treas-
ury’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(B) by striking ‘‘subsection (a)’’ and in-
serting ‘‘subsection (b)’’. 
SEC. 14. DISCLOSURE OF DATA. 
Section 14 of the Toxic Substances Control Act (15 
U.S.C. 2613) is amended— 
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(1) by redesignating subsections (a) and (b) as 
subsections (c) and (d), respectively; 
(2) by redesignating subsections (c) through (e) 
as subsections (f) through (h), respectively; 
(3) by inserting, before subsection (c), as redes-
ignated by paragraph (1) of this section, the fol-
lowing new subsections: 
‘‘(a) ADMINISTRATOR RESPONSIBILITIES.—The Ad-
ministrator shall ensure that— 
‘‘(1) information control designations under this 
section are not a determinant of public disclosure 
pursuant to section 552 of title 5, United States 
Code (commonly referred to as the ‘Freedom of In-
formation Act’); and 
‘‘(2) all information in the Administrator’s pos-
session that is releasable pursuant to an appropriate 
request under section 552 of title 5, United States 
Code (commonly referred to as the ‘Freedom of In-
formation Act’), is made available to members of the 
public. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prevent or discourage the Ad-
ministrator from voluntarily releasing to the public any 
unclassified information that is not exempt from disclo-
sure under section 552 of title 5, United States Code 
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(commonly referred to as the ‘Freedom of Information 
Act’).’’; 
(4) in subsection (c), as redesignated by para-
graph (1) of this subsection— 
(A) by striking ‘‘Except as provided by 
subsection (b)’’ and all that follows through 
‘‘subsection (b)(4) of such section,’’ and insert-
ing ‘‘Except as provided by subsection (d), in-
formation submitted to the Administrator pur-
suant to this Act may be designated for infor-
mation protection by the submitter of such in-
formation based on the submitter’s reasonable 
belief that the information is eligible for protec-
tion under section 552 of title 5, United States 
Code. Information designated for protection 
under this section’’; 
(B) by inserting ‘‘unless the designation is 
determined to be inappropriate,’’ after ‘‘Admin-
istrator or by any officer or employee of the 
United States,’’; 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; 
(D) by adding after paragraph (2) the fol-
lowing new paragraph: 
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‘‘(3) shall be disclosed upon request to a State, 
tribal, or municipal government, including identifica-
tion of the location of the manufacture, processing, 
or storage of a chemical substance upon the request 
of the government for the purpose of administration 
or enforcement of a law, if one or more applicable 
agreements ensure that the recipient government 
will take appropriate steps to maintain the confiden-
tiality of the information in accordance with this sec-
tion and section 350.27 of title 40, Code of Federal 
Regulations, or any successor to such regulation;’’; 
and 
(E) in paragraph (4), as redesignated by 
subparagraph (C) of this paragraph, by striking 
‘‘an unreasonable’’ and inserting ‘‘a substan-
tial’’; 
(5) in subsection (d), as redesignated by para-
graph (1) of this section— 
(A) in the subsection heading, by striking 
‘‘DATA FROM HEALTH AND SAFETY STUDIES’’ 
and inserting ‘‘INFORMATION NOT ELIGIBLE 
FOR PROTECTION’’; 
(B) by amending paragraph (1) to read as 
follows: 
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‘‘(1) The following types of information shall 
not be eligible for protection under this section, and 
the Administrator shall not approve a request to 
protect information of the following types under this 
section: 
‘‘(A) The identity of a chemical substance 
when included in a health and safety study, 
safety standard determination under section 
6(b), or information indicating the presence of 
the chemical substance in a consumer article in-
tended for use or reasonably expected to be 
used by children or indicating exposure to the 
chemical substance in children. 
‘‘(B) The components of a mixture, when 
included in a health and safety study, safety 
standard determination under section 6(b), or 
information indicating the presence of the mix-
ture in a consumer article intended for use or 
reasonably expected to be used by children or 
indicating exposure to the mixture in children. 
‘‘(C) Any safety standard developed under 
section 6(b). 
‘‘(D) Any health and safety study which is 
submitted under this Act with respect to— 
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‘‘(i) any chemical substance or mix-
ture— 
‘‘(I) which, on the date on which 
such study is to be disclosed has been 
offered for commercial distribution; or 
‘‘(II) for which testing is re-
quired under section 4 or for which 
notification is required under section 
5 of this title; and 
‘‘(ii) any data reported to, or other-
wise obtained by, the Administrator from a 
health and safety study which relates to a 
chemical substance or mixture described in 
clause (i). 
‘‘(E) Any information indicating the pres-
ence of a chemical substance or mixture in a 
consumer article intended for use or reasonably 
expected to be used by children or indicating 
exposure to the chemical substance or mixture 
in children. 
This paragraph does not authorize the release of any 
data which discloses processes used in the manufac-
turing or processing of a chemical substance or mix-
ture or, in the case of a mixture, the release of data 
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disclosing the portion of the mixture comprised by 
any of the chemical substances in the mixture.’’; and 
(C) in paragraph (2)— 
(i) by striking ‘‘the first sentence of 
paragraph (1)’’ and inserting ‘‘paragraph 
(1)(D)’’; and 
(ii) by striking ‘‘in the second sen-
tence of such paragraph’’ and inserting ‘‘in 
the last sentence of paragraph (1)’’; 
(6) by inserting after subsection (d), as redesig-
nated by paragraph (1) of this section, the following 
new subsection: 
‘‘(e) GUIDANCE.—Not later than 1 year after the 
date of enactment of the Toxic Chemicals Safety Act of 
2010, the Administrator shall by order develop and make 
publicly available guidance that specifies— 
‘‘(1) the format for and manner for designating 
information for protection; 
‘‘(2) the acceptable bases on which written re-
quests to protect information under this section may 
be approved, which shall be no more restrictive of 
public disclosure than section 552 of title 5, United 
States Code; and 
‘‘(3) the documentation that must accompany 
such requests.’’; 
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(7) by amending subsection (f), as redesignated 
by paragraph (2) of this section, to read as follows: 
‘‘(f) DESIGNATION AND RELEASE OF CONFIDENTIAL 
INFORMATION.— 
‘‘(1) DUTIES OF MANUFACTURERS AND PROC-
ESSORS.—In submitting information under this Act, 
a manufacturer, processor, or distributor in com-
merce may designate the information which such 
person believes is entitled to protection under this 
section, and submit such designated information sep-
arately from other information submitted under this 
Act. A designation under this paragraph shall be ac-
companied by the appropriate fee under subsection 
(i), shall be made in writing and in such manner as 
the Administrator may prescribe, and shall in-
clude— 
‘‘(A) justification for each claim of con-
fidentiality; 
‘‘(B) a certification that the information is 
not otherwise publicly available; and 
‘‘(C) separate copies of all submitted infor-
mation, with 1 copy containing and 1 copy ex-
cluding the information to which the request 
applies. 
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Designations shall last for 5 years, at which time the 
information shall be made public unless the manu-
facturer or processor has submitted a request for re-
newal, accompanied by the appropriate fee under 
subsection (i), made in writing and in such manner 
as the Administrator may prescribe, including all of 
the elements required for the initial submission. 
‘‘(2) DUTIES
OF
THE
ADMINISTRATOR.—The 
Administrator shall— 
‘‘(A) evaluate a representative sample of 
all submitted designations and requests for re-
newal within 60 days of their submission to de-
termine whether— 
‘‘(i) each claim of confidentiality is 
justified under section 552 of title 5, 
United States Code, and any applicable 
guidance published under subsection (e); 
‘‘(ii) the designation was accompanied 
by the appropriate fee, made in writing 
and in such manner as prescribed by the 
Administrator, and included the necessary 
components; and 
‘‘(iii) the information is not publicly 
available; 
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‘‘(B) release all information previously des-
ignated for protection if one or more of the cri-
teria in subparagraph (A) are not found; 
‘‘(C) determine whether the criteria in sub-
paragraph (A) were met at the time the des-
ignation was made; and 
‘‘(D) make such determinations publicly 
available. 
‘‘(3) NOTIFICATION.—(A) Except as provided 
by subparagraph (B), if the Administrator proposes 
to release for inspection data which has been des-
ignated under paragraph (1) but not released under 
paragraph (2), the Administrator shall notify, in 
writing and by certified mail, the manufacturer, 
processor, or distributor in commerce who submitted 
such information of the intent to release such data. 
If the release of such data is to be made pursuant 
to a request made under section 552(a) of title 5, 
such notice shall be given immediately upon approval 
of such request by the Administrator. The Adminis-
trator shall release the information in accordance 
with the disclosure and procedural requirements of 
section 552 of title 5, United States Code. 
‘‘(B)(i) Subparagraph (A) shall not apply to the 
release of information under paragraph (1), (2), (3), 
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(4), or (5) of subsection (c) of this section, except 
that the Administrator may not release data under 
paragraph (4) of subsection (c) of this section unless 
the Administrator has notified each manufacturer, 
processor, and distributor in commerce who sub-
mitted such data of such release. Such notice shall 
be made in writing by certified mail at least 15 days 
before the release of such data, except if the Admin-
istrator determines that the release of such data is 
necessary to protect against an imminent risk of in-
jury to health or the environment. 
‘‘(ii) Subparagraph (A) shall not apply to the 
release of information described in subsection (c)(1) 
of this section other than information described in 
the last sentence of such subsection.’’; 
(8) in subsection (g), as redesignated by para-
graph (2) of this section— 
(A) by amending the subsection heading to 
read as follows: 
‘‘(g) PENALTIES FOR WRONGFUL DESIGNATION OR 
DISCLOSURE.—’’; 
(B) by redesignating paragraphs (1) and 
(2) as paragraphs (3) and (4), respectively; 
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(C) by inserting before paragraph (3), as 
redesignated by subparagraph (B) of this para-
graph, the following new paragraphs: 
‘‘(1) Any manufacturer or processor whose des-
ignation of information for protection under this sec-
tion is found by the Administrator not to have met 
the criteria for protection under this section at the 
time the designation was made may be subject to 
administrative penalties under section 15. 
‘‘(2) Any manufacturer or processor who, know-
ing that information does not meet the criteria for 
protection under this section, willfully designates 
such information for protection, shall be guilty of a 
misdemeanor and fined not more than $5,000 or im-
prisoned for not more than one year, or both.’’; and 
(D) in paragraph (4), as redesignated by 
subparagraph (B) of this paragraph— 
(i) by striking ‘‘paragraph (1)’’ and 
inserting ‘‘paragraph (3)’’; and 
(ii) by striking ‘‘subsection (a)(2)’’ 
and inserting ‘‘subsection (c)(2)’’; and 
(9) by adding at the end the following new sub-
sections: 
‘‘(i) FEES.—The Administrator may, by rule, require 
the payment of a reasonable fee from any person desig-
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nating information for protection under this section or 
seeking to renew such a designation to defray the cost of 
administering this section. In setting a fee under this sub-
section, the Administrator shall take into account the abil-
ity to pay of the person designating or seeking renewal 
and the cost to the Administrator of reviewing such des-
ignations. 
‘‘(j) RISK INFORMATION FOR WORKERS.—The Ad-
ministrator shall provide standards for and facilitate the 
provision of the chemical identity, safety standard deter-
mination, health and safety data, and any other informa-
tion determined by the Administrator to be necessary to 
ensure worker safety, that pertains to chemical substances 
or mixtures, that workers may come into contact with or 
otherwise be exposed to during the course of their work, 
to such workers and representatives of each certified or 
recognized bargaining agent representing such workers.’’. 
SEC. 15. PROHIBITED ACTS. 
Section 15 of the Toxic Substances Control Act (15 
U.S.C. 2614) is amended— 
(1) in paragraph (1), by striking ‘‘(A)’’ and all 
that follows through ‘‘under title II’’ and inserting 
‘‘any rule, order, prohibition, restriction, or other re-
quirement imposed by this Act or by the Adminis-
trator under this Act’’; 
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(2) by amending paragraphs (2) and (3) to 
read as follows: 
‘‘(2) manufacture, process, distribute in com-
merce, use for commercial purposes, or dispose of a 
chemical substance or mixture, or an article con-
taining a chemical substance or mixture, which such 
person knew or had reason to know was manufac-
tured, processed, or distributed in commerce in vio-
lation of any rule, order, prohibition, restriction, or 
other requirement imposed by this Act or by the Ad-
ministrator under this Act; 
‘‘(3) fail or refuse to (A) establish or maintain 
accurate and complete records, (B) submit or make 
accurate and complete reports, notices, disclosures, 
declarations, certifications, or other information, or 
(C) permit access to or copying of records, as re-
quired by this Act or a rule thereunder;’’; 
(3) in paragraph (4), by striking the final pe-
riod and inserting ‘‘; or’’; and 
(4) by adding at the end the following new 
paragraphs: 
‘‘(5) make or submit a statement, declaration, 
disclosure, certification, data set, or any oral, writ-
ten, or electronic representation that is materially 
false, in whole or in part, or to falsify or conceal any 
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100 
material fact, in taking any action or making any 
communication pursuant to this Act or pursuant to 
any rule or order promulgated or issued under this 
Act; 
‘‘(6) introduce or deliver for introduction into 
commerce or knowingly distribute in commerce a 
chemical substance or mixture, or an article con-
taining a chemical substance or mixture— 
‘‘(A) that lacks or fails to comply in any 
material respect with any applicable labeling re-
quirements imposed pursuant to section 6(c); or 
‘‘(B) the label, labeling or advertising of 
which is misleading in any material respect, in-
cluding by reason of representations, either ex-
plicit or implicit, that the chemical substance or 
mixture is available for a use other than an in-
tended use; or 
‘‘(7) forge, counterfeit, simulate, falsely rep-
resent, or use without proper authority any mark, 
stamp, tag, label, or other identification device au-
thorized or required by this Act or by the Adminis-
trator under this Act.’’. 
SEC. 16. PENALTIES. 
Section 16 of the Toxic Substances Control Act (15 
U.S.C. 2615) is amended— 
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101 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘provision of section 15 
or 409’’ and inserting ‘‘provision of this 
Act or a rule promulgated or order issued 
pursuant to this Act, as described in sec-
tion 15’’; 
(ii) by striking ‘‘$25,000’’ and insert-
ing ‘‘$37,500’’; and 
(iii) by striking ‘‘violation of section 
15 or 409’’ and inserting ‘‘violation of this 
Act’’; 
(B) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; 
(C) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) In the case of any violation described in 
paragraph (1), the Administrator may commence a 
civil action in the appropriate United States district 
court to assess penalties pursuant to paragraph (1) 
or commence administrative action to assess pen-
alties pursuant to paragraph (3).’’; 
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102 
(D) in subparagraph (A) of paragraph (3), 
as redesignated by subparagraph (B) of this 
paragraph— 
(i) by striking ‘‘A civil penalty for a 
violation of section 15 or 409’’ and insert-
ing ‘‘In any administrative action to assess 
penalties for a violation described in para-
graph (1), a civil penalty for a violation’’; 
and 
(ii) by striking ‘‘within 15 days of’’ 
and inserting ‘‘not later than 15 days 
after’’; 
(E) in paragraph (4), as redesignated by 
subparagraph (B) of this paragraph— 
(i) by striking ‘‘paragraph (2)(A)’’ 
and inserting ‘‘paragraph (3)(A)’’; and 
(ii) by striking ‘‘the United States 
Court of Appeals for the District of Co-
lumbia Circuit or for any other circuit’’ 
and inserting ‘‘the appropriate district 
court of the United States for the dis-
trict’’; and 
(F) in paragraph (5), as redesignated by 
subparagraph (B) of this paragraph, by striking 
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103 
‘‘paragraph (3)’’ each place it appears and in-
serting ‘‘paragraph (4)’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ before ‘‘Any person 
who’’; 
(B) by inserting ‘‘this Act, as described in’’ 
before ‘‘section 15’’; 
(C) by striking ‘‘or 409’’; 
(D) by striking ‘‘$25,000’’ and inserting 
‘‘$50,000’’; 
(E) by striking ‘‘one year’’ and inserting 
‘‘5 years’’; and 
(F) by adding at the end the following new 
paragraph: 
‘‘(2) Any person who knowingly or willfully violates 
any provision of this Act and who knows that such viola-
tion may result in imminent danger of death or serious 
bodily injury to any person shall, upon conviction, be sub-
ject to a fine of not more than $250,000 or imprisonment 
of not more than 15 years, or both. A person that is not 
an individual shall, upon conviction of violating this para-
graph, be subject to a fine of not more than $1,000,000.’’. 
SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE. 
Section 17 of the Toxic Substances Control Act (15 
U.S.C. 2616) is amended— 
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104 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘or 409’’; 
(ii) in subparagraph (B), by striking 
‘‘section 5, 6, or title IV, or by a rule or 
order under section 5, 6, or title IV’’ and 
inserting ‘‘this Act or a rule or order pro-
mulgated or issued under this Act’’; and 
(iii) in subparagraph (D)— 
(I) by striking ‘‘chemical sub-
stance, mixture, or product’’ and in-
serting ‘‘ chemical substance or mix-
ture subject to this Act, article con-
taining such substance or mixture, or 
product’’; 
(II) by striking ‘‘of section 5, 6, 
or title IV’’ and inserting ‘‘of this 
Act’’; 
(III) by striking ‘‘under section 
5, 6, or title IV’’ and inserting ‘‘pro-
mulgated or issued under this Act, as 
described in section 15’’; 
(IV) by inserting ‘‘, article’’ be-
fore ‘‘, or product and, to the extent’’; 
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105 
(V) by inserting ‘‘, article’’ before 
‘‘, or product or exposed to such sub-
stance’’; 
(VI) by inserting ‘‘, article’’ be-
fore ‘‘, or product, (ii) to give’’; and 
(VII) by inserting ‘‘, article’’ be-
fore ‘‘, or product, whichever the per-
son to which the requirement’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘A civil action de-
scribed in paragraph (1)’’ and inserting 
‘‘The district courts of the United States 
shall have jurisdiction over a civil action 
described in paragraph (1). A civil action’’; 
and 
(ii) in subparagraph (A), by inserting 
‘‘this Act, as described in’’ before ‘‘section 
15’’; and 
(2) in subsection (b), by striking ‘‘chemical sub-
stance, mixture, or product’’ and inserting ‘‘chemical 
substance or mixture subject to this Act, or prod-
uct’’. 
SEC. 18. PREEMPTION. 
Section 18 of the Toxic Substances Control Act (15 
U.S.C. 2617) is amended to read as follows: 
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106 
‘‘SEC. 18. PREEMPTION. 
‘‘Nothing in this Act affects the right of a State or 
political subdivision of a State or a tribe to adopt or en-
force any regulation, requirement, or standard of perform-
ance that is different from or in addition to a regulation, 
requirement, liability, or standard of performance estab-
lished pursuant to this Act unless compliance with both 
this Act and the State or political subdivision of a State 
or tribe regulation, requirement, or standard of perform-
ance is impossible.’’. 
SEC. 19. JUDICIAL REVIEW. 
Section 19 of the Toxic Substances Control Act (15 
U.S.C. 2618) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking subparagraph (B); 
(ii) by striking ‘‘(A)’’; 
(iii) by inserting ‘‘or issuance’’ after 
‘‘promulgation’’; 
(iv) by striking ‘‘section 4(a), 5(a)(2), 
5(b)(4), 6(a), 6(e), or 8, or under title II 
or IV’’ and inserting ‘‘this Act’’; 
(v) by inserting ‘‘or order’’ after 
‘‘rule’’ each place it appears; 
(vi) by inserting ‘‘except that if such 
petition is based solely on grounds arising 
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107 
after such sixtieth day, then any petition 
for judicial review of such rule or order 
shall be filed within 60 days after such 
grounds arise’’ after ‘‘such person’s prin-
cipal place of business is located’’; 
(vii) by striking ‘‘(other than in an 
enforcement proceeding)’’; and 
(viii) by striking ‘‘subparagraph’’ and 
inserting ‘‘paragraph’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘paragraph (1)(A)’’ 
and inserting ‘‘paragraph (1)’’; 
(ii) by striking ‘‘rulemaking’’; and 
(iii) by inserting ‘‘or order’’ after 
‘‘rule’’; and 
(C) by striking paragraph (3); 
(2) in subsection (b), by inserting ‘‘or order’’ 
after ‘‘rule’’ each place it appears; and 
(3) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) Upon the filing of a petition under sub-
section (a)(1) for judicial review of a rule or order, 
the court shall have jurisdiction— 
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108 
‘‘(A) to grant appropriate relief, including 
interim relief, as provided in chapter 7 of title 
5, United States Code; and 
‘‘(B) to review such rule or order in ac-
cordance with chapter 7 of title 5, United 
States Code.’’; and 
(B) in paragraph (2), by inserting ‘‘or 
order’’ after ‘‘rule’’. 
SEC. 20. CITIZENS’ CIVIL ACTION. 
Section 20 of the Toxic Substances Control Act (15 
U.S.C. 2619) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘under section 4, 5, or 
6, or title II or IV,’’; and 
(ii) by striking ‘‘section 5 or title II or 
IV to restrain such violation’’ and inserting 
‘‘this Act’’; and 
(B) in the matter following paragraph (2), 
by inserting ‘‘, to enforce this Act or any rule 
promulgated or order issued under this Act, or 
to order the Administrator to perform an act or 
duty under this Act which is not discretionary, 
as the case may be’’ after ‘‘citizenship of the 
parties’’; and 
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109 
(2) in subsection (b)(1), by striking ‘‘to re-
strain’’ and inserting ‘‘respecting’’. 
SEC. 21. CITIZENS’ PETITIONS. 
Section 21 of the Toxic Substances Control Act (15 
U.S.C. 2620) is amended— 
(1) in subsection (a), by striking ‘‘under section 
4, 6, or 8 or an order under section 5(e) or 
(6)(b)(2)’’ and inserting ‘‘, order, or any other ac-
tion authorized under this Act’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘under 
section 4, 6, or 8 or an order under section 
5(e), 6(b)(1)(A), or 6(b)(1)(B)’’ and inserting 
‘‘or order or to initiate other action authorized 
under this Act’’; 
(B) in paragraph (3), by striking ‘‘section 
4, 5, 6, or 8’’ and inserting ‘‘the applicable pro-
visions of this Act’’; and 
(C) in paragraph (4)— 
(i) in subparagraph (A), by striking 
‘‘a rulemaking proceeding’’ and inserting 
‘‘a proceeding authorized under this Act’’; 
and 
(ii) in subparagraph (B)— 
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110 
(I) by striking ‘‘a proceeding to 
issue a rule under section 4, 6, or 8 
or an order under section 5(e) or 
6(b)(2)’’ and inserting ‘‘a proceeding 
authorized under this Act’’; 
(II) in clause (i)— 
(aa) by inserting ‘‘or order’’ 
after ‘‘issuance of a rule’’; 
(bb) by striking ‘‘or an 
order under section 5(e)’’; and 
(cc) by striking ‘‘an unrea-
sonable’’ and inserting ‘‘a sub-
stantial’’; and 
(III) in clause (ii)— 
(aa) by inserting ‘‘except as 
provided in clause (i)’’ before ‘‘in 
the case of’’; 
(bb) by striking ‘‘issuance of 
a rule under section 6 or 8 or an 
order under section 6(b)(2)’’ and 
inserting ‘‘promulgation of a 
rule, issuance of an order, or im-
position or issuance of a restric-
tion or use condition under this 
Act’’; and 
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(cc) by striking ‘‘an unrea-
sonable’’ and inserting ‘‘a sub-
stantial’’. 
SEC. 22. EMPLOYEE PROTECTION. 
Section 23 of the Toxic Substances Control Act (15 
U.S.C. 2622) is amended as follows: 
(1) In subsection (a)— 
(A) by striking ‘‘employer may discharge’’ 
and inserting ‘‘manufacturer, processor, or dis-
tributor may discharge’’; 
(B) by redesignating paragraphs (1), (2), 
and (3) as paragraphs (2), (3), and (4), respec-
tively; 
(C) by inserting before paragraph (2), as 
redesignated by subparagraph (B) of this para-
graph, the following new paragraph: 
‘‘(1) provided, caused to be provided, or is 
about to provide or cause to be provided to the em-
ployer, the Federal Government, the appropriate of-
ficial of the tribe, or the attorney general of a State 
information relating to any violation of, or any act 
or omission the employee reasonably believes to be a 
violation of any provision of this Act;’’; 
(D) in paragraph (3), as redesignated by 
subparagraph (B) of this paragraph— 
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(i) by inserting ‘‘concerning any such 
violation or’’ after ‘‘testified or is about to 
testify’’; and 
(ii) by striking ‘‘or’’ after ‘‘Act;’’; 
(E) in paragraph (4), as redesignated by 
subparagraph (B) of this paragraph, by insert-
ing ‘‘or’’ after ‘‘Act;’’; and 
(F) by adding at the end the following new 
paragraph: 
‘‘(5) objected to, or refused to participate in, 
any activity, policy, practice, or assigned task that 
the employee (or other such person) reasonably be-
lieved to be in violation of any provision of this 
Act.’’. 
(2) By striking subsection (e) and amending 
subsections (b), (c), and (d) to read as follows: 
‘‘(b) REMEDY.—(1) Any employee who believes that 
the employee has been discharged or otherwise discrimi-
nated against by any person in violation of subsection (a) 
of this section may, not later than 180 days after the date 
on which such alleged violation occurs, file (or have any 
person file on the employee’s behalf) a complaint with the 
Secretary of Labor (hereinafter in this section referred to 
as the ‘Secretary’) alleging such discharge or discrimina-
tion and identifying the person responsible for such act. 
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Upon receipt of such a complaint, the Secretary shall no-
tify, in writing, the person named in the complaint of the 
filing of the complaint, of the allegations contained in the 
complaint, of the substance of evidence supporting the 
complaint, and of the opportunities that will be afforded 
to such person under paragraph (2). 
‘‘(2)(A) Not later than 60 days after the date 
of receipt of a complaint filed under paragraph (1) 
and after affording the complainant and the person 
named in the complaint an opportunity to submit to 
the Secretary a written response to the complaint 
and an opportunity to meet with a representative of 
the Secretary to present statements from witnesses, 
the Secretary shall initiate an investigation and de-
termine whether there is reasonable cause to believe 
that the complaint has merit and notify, in writing, 
the complainant and the person alleged to have com-
mitted a violation of subsection (a) of the Sec-
retary’s findings. If the Secretary concludes that 
there is reasonable cause to believe that a violation 
of subsection (a) of this section has occurred, the 
Secretary shall accompany the Secretary’s findings 
with a preliminary order providing the relief pre-
scribed by paragraph (3)(B). Not later than 30 days 
after the date of notification of findings under this 
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paragraph, either the person alleged to have com-
mitted the violation or the complainant may file ob-
jections to the findings or preliminary order, or 
both, and request a hearing on the record. The filing 
of such objections shall not operate to stay any rein-
statement remedy contained in the preliminary 
order. Any such hearing shall be conducted expedi-
tiously. If a hearing is not requested in such 30-day 
period, the preliminary order shall be deemed a final 
order that is not subject to judicial review. 
‘‘(B)(i) The Secretary shall dismiss a com-
plaint filed under this subsection and shall not 
conduct an investigation otherwise required 
under subparagraph (A) unless the complainant 
makes a prima facie showing that any behavior 
described in paragraphs (1) through (5) of sub-
section (a) was a contributing factor in the un-
favorable personnel action alleged in the com-
plaint. 
‘‘(ii) Notwithstanding a finding by the Sec-
retary that the complainant has made the 
prima facie showing required under clause (i), 
no investigation otherwise required under sub-
paragraph (A) shall be conducted if the em-
ployer demonstrates, by clear and convincing 
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evidence, that the employer would have taken 
the same unfavorable personnel action in the 
absence of that behavior. 
‘‘(iii) The Secretary may determine that a 
violation of subsection (a) has occurred only if 
the complainant demonstrates that any behavior 
described in paragraphs (1) through (5) of sub-
section (a) was a contributing factor in the un-
favorable personnel action alleged in the com-
plaint. 
‘‘(iv) Relief may not be ordered under sub-
paragraph (A) if the employer demonstrates by 
clear and convincing evidence that the employer 
would have taken the same unfavorable per-
sonnel action in the absence of that behavior. 
‘‘(3)(A) Not later than 120 days after the date 
of conclusion of any hearing under paragraph (2), 
the Secretary shall issue a final order providing the 
relief prescribed by this paragraph or denying the 
complaint. At any time before issuance of a final 
order, a proceeding under this subsection may be 
terminated on the basis of a settlement agreement 
entered into by the Secretary, the complainant, and 
the person alleged to have committed the violation. 
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‘‘(B) If, in response to a complaint filed under 
paragraph (1), the Secretary determines that a vio-
lation of subsection (a) has occurred, the Secretary 
shall order the person who committed such viola-
tion— 
‘‘(i) to take affirmative action to abate the 
violation; 
‘‘(ii) to reinstate the complainant to the 
complainant’s former position together with the 
compensation (including back pay), terms, con-
ditions, and privileges of the complainant’s em-
ployment; 
‘‘(iii) to provide compensatory damages; 
and 
‘‘(iv) where appropriate, exemplary dam-
ages. 
If such an order is issued, the Secretary, at the re-
quest of the complainant, shall assess against the 
person against whom the order is issued a sum equal 
to the aggregate amount of all costs and expenses 
(including attorney’s and expert witness fees) rea-
sonably incurred, as determined by the Secretary, by 
the complainant for, or in connection with, the 
bringing of the complaint upon which the order was 
issued. 
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‘‘(C) If the Secretary finds that a complaint 
under paragraph (1) is frivolous or has been brought 
in bad faith, the Secretary may award to the pre-
vailing employer a reasonable attorney’s fee, not ex-
ceeding $1,000, to be paid by the complainant. 
‘‘(4) If the Secretary has not issued a final de-
cision within 210 days after the filing of the com-
plaint, the complainant may bring an action at law 
or equity for de novo review in the appropriate dis-
trict court of the United States with jurisdiction, 
which shall have jurisdiction over such an action 
without regard to the amount in controversy, and 
which action shall, at the request of either party to 
such action, be tried by the court with a jury. The 
proceedings shall be governed by the same legal bur-
dens of proof specified in paragraph (2)(B). The 
court shall have jurisdiction to grant all relief nec-
essary to make the employee whole, including injunc-
tive relief and compensatory damages, including— 
‘‘(A) reinstatement with the same seniority 
status that the employee would have had, but 
for the discharge or discrimination; 
‘‘(B) the amount of back pay, with inter-
est; and 
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‘‘(C) compensation for any special damages 
sustained as a result of the discharge or dis-
crimination, including litigation costs, expert 
witness fees, and reasonable attorney’s fees. 
‘‘(5)(A) Unless the complainant brings an ac-
tion under paragraph (4), any employee or employer 
adversely affected or aggrieved by a final order 
issued under paragraph (3) may obtain review of the 
order in the United States Court of Appeals for the 
circuit in which the violation, with respect to which 
the order was issued, allegedly occurred or the cir-
cuit in which the complainant resided on the date of 
such violation. The petition for review must be filed 
within 60 days from the issuance of the final order 
of the Secretary. Such review shall conform to chap-
ter 7 of title 5, United States Code. The commence-
ment of proceedings under this subparagraph shall 
not, unless ordered by the court, operate as a stay 
of the order. 
‘‘(B) An order of the Secretary, with respect to 
which review could have been obtained under sub-
paragraph (A) shall not be subject to judicial review 
in any criminal or other civil proceeding. 
‘‘(6) Whenever a person has failed to comply 
with an order issued under paragraph (3), the Sec-
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retary shall file a civil action in the United States 
district court for the district in which the violation 
was found to occur, or in the United States district 
court for the District of Columbia, to enforce such 
order. In actions brought under this paragraph, the 
district courts shall have jurisdiction to grant all ap-
propriate relief, including injunctive relief and com-
pensatory damages. 
‘‘(7)(A) A person on whose behalf an order was 
issued under paragraph (3) may commence a civil 
action against the person to whom such order was 
issued to require compliance with such order. The 
appropriate United States district court shall have 
jurisdiction, without regard to the amount in con-
troversy or the citizenship of the parties, to enforce 
such order. 
‘‘(B) The court, in issuing any final order 
under this paragraph, may award costs of litigation 
(including reasonable attorney’s and expert witness 
fees) to any party whenever the court determines 
such award is appropriate. 
‘‘(c) 
NONDISCRETIONARY
DUTY.—Any 
nondis-
cretionary duty imposed by this section shall be enforce-
able in a mandamus proceeding brought under section 
1361 of title 28, United States Code. 
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‘‘(d) DELIBERATE VIOLATION.—Subsection (a) shall 
not apply with respect to an employee of a manufacturer, 
processor, or distributor who, acting without direction 
from such manufacturer, processor, or distributor (or such 
person’s agent), deliberately causes a violation or alleged 
violation of any rule, order, regulation, or safety standard 
under this Act or any other law enforced by the Adminis-
trator.’’. 
SEC. 23. EMPLOYMENT EFFECTS. 
Section 24 of the Toxic Substances Control Act (15 
U.S.C. 2623) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘continuing’’ and inserting 
‘‘periodic’’; and 
(B) by striking the em dash and para-
graphs (1) and (2) and inserting ‘‘the imple-
mentation of this Act.’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘section 
4, 5, or 6 or a requirement of section 5 or 6’’ 
and inserting ‘‘this Act’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘by order issued’’ and inserting ‘‘in writ-
ing,’’; and 
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(ii) in subparagraph (B)— 
(I) in clause (i), by inserting 
‘‘and’’ after the ‘‘such request,’’; and 
(II) by striking clause (ii) and re-
designating clause (iii) as clause (ii); 
and 
(C) by amending paragraph (4) to read as 
follows: 
‘‘(4) This section shall not be construed— 
‘‘(A) to require the Administrator to 
amend or repeal any rule or order under this 
Act; or 
‘‘(B) to impose a condition on the Admin-
istrator’s authority to issue orders or promul-
gate rules under this Act.’’. 
SEC. 24. ADMINISTRATION OF THE ACT. 
Section 26 of the Toxic Substances Control Act (15 
U.S.C. 2625) is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) FEES.—The Administrator shall, by rule, re-
quire the payment of a reasonable fee from any person 
required to submit data under this Act to defray the cost 
of administering this Act. In setting a fee under this sub-
section, the Administrator shall take into account the abil-
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ity to pay of the person required to submit the data and 
the cost to the Administrator of reviewing such data. Such 
rules may provide for sharing such a fee in any case in 
which the expenses of data production are shared under 
this Act.’’; and 
(2) by redesignating subsections (d) through (g) 
as subsections (f) through (i), respectively; 
(3) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) ACTION WITH RESPECT TO SPECIFIC CHEM-
ICAL SUBSTANCES.—Any action authorized under this Act 
to be taken by the Administrator through rule or order 
shall be made through order if the action applies to a sin-
gle chemical substance or single category of chemical sub-
stances. 
‘‘(e) ACTION WITH RESPECT TO ARTICLES CON-
TAINING A CHEMICAL SUBSTANCE OR MIXTURE.—No ac-
tion taken under this title with respect to articles con-
taining a chemical substance or mixture shall apply to ar-
ticles already introduced or delivered for introduction into 
commerce, unless the action is taken pursuant to section 
7 to address an imminent hazard and the Administrator 
has determined that action against articles introduced or 
delivered for introduction into commerce is necessary to 
protect health or the environment.’’; and 
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(4) by adding at the end the following new sub-
section: 
‘‘(j) RULEMAKING.—In carrying out this Act, the Ad-
ministrator is authorized to prescribe such regulations as 
are necessary to carry out this Act.’’. 
SEC. 25. STATE PROGRAMS. 
Section 28 of the Toxic Substances Control Act (15 
U.S.C. 2627) is amended— 
(1) in subsection (a)— 
(A) by amending the subsection heading to 
read as follows: 
‘‘(a) STATE GRANTS.—’’; 
(B) before ‘‘For the purpose of comple-
menting’’, by inserting the following: 
‘‘(1) IN GENERAL.—’’; 
(C) by inserting ‘‘and tribes’’ after ‘‘may 
make grants to States’’; 
(D) by striking ‘‘unreasonable risks within 
the States’’ and inserting ‘‘risks within the 
States and tribes’’; 
(E) by striking ‘‘is unable or is not likely 
to take’’ and inserting ‘‘has not taken’’; and 
(F) by inserting ‘‘or tribe’’ after ‘‘no grant 
for any State’’; 
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(2) by redesignating subsections (b), (c), and 
(d) as paragraphs (2), (3), and (4), respectively; 
(3) in paragraph (2), as redesignated by para-
graph (2) of this section— 
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(B) in subparagraph (A), as redesignated 
by subparagraph (A) of this paragraph— 
(i) by redesignating subparagraphs 
(A) through (F) as clauses (i) through (vi), 
respectively; 
(ii) in clause (ii), as redesignated by 
clause (i), by inserting ‘‘or tribe’’; and 
(iii) by striking ‘‘subsection (a)’’ each 
place it appears and inserting ‘‘paragraph 
(1)’’; 
(C) in subparagraph (B), as redesignated 
by subparagraph (B) of this paragraph— 
(i) by striking ‘‘paragraph (1)’’ and 
inserting ‘‘subparagraph (A)’’; 
(ii) by inserting ‘‘or tribe’’ after 
‘‘State’’ each place it appears; and 
(iii) by striking ‘‘including cancer, 
birth defects, and gene mutations,’’; 
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(4) in paragraph (3), as redesignated by para-
graph (2) of this section, by striking ‘‘subsection 
(a)’’ and inserting ‘‘this subsection’’; 
(5) in paragraph (4), as redesignated by para-
graph (2) of this section, by striking ‘‘subsection 
(a)’’ and inserting ‘‘this subsection’’; and 
(6) by inserting at the end the following new 
subsection: 
‘‘(b) STATE COORDINATION.—Not later than 18 
months after enactment of the Toxic Chemicals Safety Act 
of 2010, the Administrator shall establish a process to co-
ordinate with State and tribal governments, on an on- 
going basis, to share data and priorities relating to the 
management of chemical substances and mixtures under 
this title and under programs operated by States and 
tribes, in keeping with requirements of section 14. The 
areas for coordination shall include the following: 
‘‘(1) Grant funding under subsection (a). 
‘‘(2) Design and development of the public 
database established pursuant to section 8(d). 
‘‘(3) Development of a process by which con-
fidential business information may be shared with 
the States under section 14. 
‘‘(4) Development of action plans under section 
38(d).’’. 
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SEC. 26. AUTHORIZATION FOR APPROPRIATIONS. 
(a) AUTHORIZATION.—Section 29 of the Toxic Sub-
stances Control Act (15 U.S.C. 2628) is amended to read 
as follows: 
‘‘SEC. 29. AUTHORIZATION FOR APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Ad-
ministrator to carry out this Act such sums as necessary 
for each of fiscal years 2011 through 2018.’’. 
SEC. 27. ADDITIONAL REQUIREMENTS. 
(a) ADDITIONAL REQUIREMENTS.—The Toxic Sub-
stances Control Act (15 U.S.C. 2601 et seq.) is amended 
by adding after section 31 the following new sections: 
‘‘SEC. 32. CHEMICAL SUBSTANCES AND MIXTURES THAT 
ARE PERSISTENT, BIOACCUMULATIVE, AND 
TOXIC. 
‘‘(a) IDENTIFICATION.—Not later than 1 year after 
the date of enactment of the Toxic Chemicals Safety Act 
of 2010, the Administrator shall by rule establish criteria 
to identify chemical substances and mixtures that are per-
sistent, bioaccumulative, and toxic, or are degraded or me-
tabolized into chemical substances that are persistent, bio-
accumulative, and toxic, and for which there is docu-
mented evidence of exposure to humans or the environ-
ment. 
‘‘(b) PUBLICATION.—Not later than 6 months after 
the promulgation of the rule under subsection (a), and 
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every 3 years thereafter, the Administrator shall publish 
a list of all chemical substances and mixtures that meet 
those criteria, based on available scientific information. 
‘‘(c) RISK MANAGEMENT.— 
‘‘(1) EXPEDITED EXPOSURE REDUCTION.—As 
promptly as feasible and not later than 18 months 
after the listing of a chemical substance or mixture 
under subsection (b), the Administrator shall impose 
conditions authorized under section 6(c) on the man-
ufacture, processing, use, distribution in commerce, 
and disposal of such chemical substance or mixture 
necessary to achieve the greatest practicable reduc-
tions in exposure to the chemical substance or mix-
ture. 
‘‘(2) RESIDUAL RISK ASSESSMENT.—Within one 
year after the effective date of such conditions, the 
Administrator shall determine whether the chemical 
substance or mixture meets the safety standard with 
the conditions imposed, taking into account the re-
sidual risk posed by continued exposure to the chem-
ical substance or mixture, and shall impose any fur-
ther conditions authorized under section 6(c) nec-
essary to ensure that the chemical substance or mix-
ture meets the safety standard. 
‘‘(d) MANUFACTURER DUTIES.— 
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‘‘(1) 
NO
MINIMUM
DATA
SET.—Notwith-
standing the requirements of section 4(a) of this 
title, manufacturers and processors of chemical sub-
stances or mixtures listed pursuant to subsection (b) 
shall not be required to submit a minimum data set 
for such chemical substances or mixtures, unless re-
quested to do so by the Administrator. 
‘‘(2) DECLARATION.—Not later than 6 months 
after a chemical substance or mixture is listed under 
subsection (b), manufacturers and processors of 
such chemical substance or mixture shall submit the 
declaration required by section 8(a)(2). 
‘‘(e) NEW
CHEMICAL
SUBSTANCES
AND
NEW 
USES.— 
‘‘(1) For each new chemical substance subject 
to section 5(a)(1), the Administrator shall determine 
whether the chemical substance or mixture, or a 
degradation product or metabolite of the chemical 
substance or mixture, meets the criteria established 
under subsection (a) of this section. 
‘‘(2) For each chemical substance or mixture 
identified in paragraph (1), and for any proposed 
new use of a chemical substance subject to section 
5(a)(1) that is identified in subsection (b), the Ad-
ministrator shall allow manufacture, processing, and 
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distribution in commerce of the substance only for a 
use which the Administrator determines meets the 
requirements of section 6(e). 
‘‘SEC. 33. CHILDREN’S ENVIRONMENTAL HEALTH. 
‘‘(a) CHILDREN’S ENVIRONMENTAL HEALTH RE-
SEARCH.— 
‘‘(1) IN GENERAL.—Subject to amounts made 
available in advance in appropriations Acts, the Ad-
ministrator shall enter into contracts and make 
grants to further understanding of the vulnerability 
of children to chemical substances. 
‘‘(2) CONSULTATION.—Contracts and grants 
under this section shall be made in consultation with 
Science Advisory Board on Children’s Health and 
Toxic Substances established under subsection (b) 
and the Children’s Health Protection Advisory Com-
mittee established in response to Executive Order 
13045. 
‘‘(b) SCIENCE ADVISORY BOARD
ON CHILDREN’S 
HEALTH AND TOXIC SUBSTANCES.— 
‘‘(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of the Toxic Chemicals 
Safety Act of 2010, the Administrator shall consult 
with the head of any other appropriate Federal 
agency to establish an advisory board to be known 
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as the ‘Science Advisory Board on Children’s Health 
and Toxic Substances’. The Board, and any sub-
committee thereof, shall be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.). 
‘‘(2) PURPOSES.—The purposes of the Science 
Advisory Board on Children’s Health and Toxic 
Substances shall be to provide independent advice, 
expert consultation, and peer review upon the re-
quest of the Administrator on the scientific and 
technical aspects of issues relating to the implemen-
tation of this title with respect to protecting chil-
dren’s health under this Act. 
‘‘(3) COMPOSITION.—The Administrator shall— 
‘‘(A) appoint the members of the Board, 
including, at a minimum, one employee of— 
‘‘(i) the National Institute of Environ-
mental Health Sciences; 
‘‘(ii) the Centers for Disease Control 
and Prevention; 
‘‘(iii) the National Toxicology Pro-
gram; 
‘‘(iv) the National Cancer Institute; 
‘‘(v) the National Tribal Science 
Council; and 
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‘‘(vi) not fewer than 3 centers of chil-
dren’s health at leading universities; 
‘‘(B) ensure that at least 1⁄3 of the mem-
bers of the Board have specific scientific exper-
tise in the relationship of chemical exposures to 
prenatal, infant, and children’s health; and 
‘‘(C) ensure that all appointments shall be 
made without regard to political affiliation or 
political activity, unless required by Federal 
statute. 
‘‘(4) DISCLOSURE.— 
‘‘(A) The Administrator shall make pub-
licly available in accordance with subparagraph 
(B) the following information: 
‘‘(i) A description of the process used 
to establish and appoint the members of 
the advisory committee, including the fol-
lowing: 
‘‘(I) The process for identifying 
prospective members. 
‘‘(II) The process of selecting 
members for balance of viewpoints or 
expertise. 
‘‘(ii) A list of all current members, in-
cluding, for each member, the following: 
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‘‘(I) The name of any person or 
entity that nominated the member. 
‘‘(II) The reason the member was 
appointed to the committee. 
‘‘(III) Whether the member is 
designated as a special government 
employee or a representative. 
‘‘(IV) In the case of a represent-
ative, the individuals or entity whose 
viewpoint the member represents. 
‘‘(iii) A list of all members designated 
as special government employees for whom 
written certifications were made under sec-
tion 208(b) of title 18, United States 
Code, a summary description of the con-
flict necessitating the certification, and the 
reason for granting the certification. 
‘‘(iv) Transcripts or audio or video re-
cordings of all meetings of the committee. 
‘‘(v) Any additional information con-
sidered relevant by the head of the agency 
to which the advisory committee reports. 
‘‘(B)(i) Except as provided in clause (ii), 
the Administrator shall make the information 
required to be disclosed under subparagraph 
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(A) available electronically on the official public 
internet site of the agency at least 15 calendar 
days before each meeting of an advisory com-
mittee. If the Administrator determines that 
such timing is not practicable for any required 
information, the information shall be made 
available as soon as practicable but no later 
than 48 hours before the next meeting of the 
committee. The Administrator may withhold 
from disclosure any information that would be 
exempt from disclosure under section 552 of 
title 5, United States Code. 
‘‘(ii) The Administrator shall make avail-
able electronically, on the official public internet 
site of the agency, a transcript or audio or 
video recording of each advisory committee 
meeting not later than 30 calendar days after 
the meeting. 
‘‘(c) BIOMONITORING.— 
‘‘(1) STUDY.— 
‘‘(A) If, through studies performed pursu-
ant to grants and contracts under subsection 
(a), testing or biomonitoring under section 4, or 
other available research, the Administrator 
identifies a chemical substance (or a metabolite 
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or degradation product of such substance) that 
is likely to be present in human biological 
media at a level above that normally found in 
such media that is likely to have adverse effects 
on early childhood development, the Adminis-
trator shall, except as provided in subparagraph 
(B), coordinate with the Secretary of Health 
and Human Services to conduct, not later than 
2 years after the date on which the Adminis-
trator makes such identification, a biomoni-
toring study to determine the presence of the 
chemical substance in human biological media 
in, at a minimum, pregnant women and infants. 
‘‘(B) A biomonitoring study under sub-
paragraph (A) shall not be required if— 
‘‘(i) the Administrator determines 
that the chemical substance is already sub-
ject to equivalent testing; 
‘‘(ii) the Administrator has deter-
mined that the chemical substance meets 
the safety standard; or 
‘‘(iii) a safety standard determination 
is pending, and the Administrator deter-
mines that such a study is not required to 
complete the determination. 
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‘‘(2) PUBLICATION.—Upon completion of any 
biomonitoring study conducted pursuant to para-
graph (1), the Administrator shall publish the re-
sults of the study on the public database established 
pursuant to section 8(d). 
‘‘(3) POSITIVE RESULTS.— 
‘‘(A) DISCLOSURE.—Whenever a chemical 
substance or mixture (or a metabolite or deg-
radation product of such substance or mixture) 
is determined to be present in human biological 
media in a biomonitoring study conducted pur-
suant to paragraph (1), the manufacturers and 
processors of such chemical substance or mix-
ture shall, not later than 180 days after the 
date of publication of such study, disclose to the 
Administrator, commercial customers of the 
manufacturers and processors, consumers, and 
the public— 
‘‘(i) all known uses of the chemical 
substance or mixture; and 
‘‘(ii) all articles in which the chemical 
substance or mixture is or is expected to 
be present. 
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‘‘(B) COST AND FORM OF DISCLOSURE.— 
Information under clauses (i) and (ii) of sub-
paragraph (A) shall be— 
‘‘(i) added to the public database es-
tablished pursuant to section 8(d); and 
‘‘(ii) made readily accessible and free 
of charge by each applicable manufacturer 
and processor in electronic format to the 
commercial customers of such manufac-
turer or processor, consumers, and the 
public. 
‘‘SEC. 34. REDUCTION OF ANIMAL-BASED TESTING. 
‘‘(a) DUTIES OF THE ADMINISTRATOR.—The Admin-
istrator shall take action to minimize the use of animals 
in testing of chemical substances or mixtures, including— 
‘‘(1) encouraging and facilitating, where prac-
ticable— 
‘‘(A) use of existing data of sufficient sci-
entific quality; 
‘‘(B) use of test methods that eliminate or 
reduce the use of animals but provide data of 
high scientific quality; 
‘‘(C) grouping of 2 or more chemical sub-
stances into scientifically appropriate categories 
where testing of one chemical substance will 
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provide reliable and useful data on others in the 
category; 
‘‘(D) formation of industry consortia to 
jointly conduct testing to avoid unnecessary du-
plication of tests; and 
‘‘(E) parallel submission of data from ani-
mal-based studies and from emerging methods 
and models; 
‘‘(2) funding research and validation studies to 
reduce, refine, and replace the use of animal tests in 
accordance with this subsection; 
‘‘(3) in consultation with the Interagency Co-
ordinating Committee on the Validation of Alter-
native Methods, and after providing an opportunity 
for public comment, developing a strategic plan to 
promote the development and implementation of al-
ternative test methods and testing strategies to gen-
erate information used for safety standard deter-
minations under section 6(b) that do not use ani-
mals, including toxicity pathway-based risk assess-
ment, in vitro studies, systems biology, computa-
tional toxicology, bioinformatics, and high-through-
put screening; and 
‘‘(4) biennially reporting to Congress on 
progress made in implementing this section. 
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‘‘(b) LIST OF METHODS.—Not later than 1 year after 
the date of enactment of the Toxic Chemicals Safety Act 
of 2010, and triennially thereafter, the Administrator, in 
consultation with the Interagency Coordinating Com-
mittee on the Validation of Alternative Methods, shall pub-
lish a list of demonstrated testing methods that reduce 
the use of animals in testing. 
‘‘(c) CRITERIA FOR ADAPTING OR WAIVING ANIMAL 
TESTING REQUIREMENTS.—Upon request from a manu-
facturer or processor that is required to conduct animal- 
based testing of a chemical substance or mixture under 
this title, the Administrator may adapt or waive such re-
quirement in part or in whole if the Administrator deter-
mines that— 
‘‘(1) there is sufficient weight-of-evidence that a 
chemical substance or mixture has, or does not have, 
a particular property for which such testing would 
be required; 
‘‘(2) testing for a specific adverse effect is tech-
nically not practicable to conduct as a consequence 
of the substance characteristics; or 
‘‘(3) a chemical substance or mixture cannot be 
tested in animals at concentrations that do not re-
sult in significant pain or distress as a consequence 
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of the substance characteristics, such as potential to 
cause severe corrosion or severe irritation to tissues. 
A waiver under this subsection does not waive the duty 
of the manufacturer or processor to demonstrate that the 
chemical substance or mixture meets the safety standard 
under section 5(a) or section 6(b). 
‘‘SEC. 35. SAFER ALTERNATIVES AND GREEN CHEMISTRY 
AND ENGINEERING. 
‘‘(a) SAFER ALTERNATIVES.— 
‘‘(1) INCENTIVES.—Not later than 1 year after 
the date of enactment of the Toxic Chemicals Safety 
Act of 2010, the Administrator shall, after notice 
and opportunity for comment, establish a program 
to create incentives for the development of safer al-
ternatives to existing chemical substances and mix-
tures that reduce or avoid the use and generation of 
hazardous chemical substances or mixtures. The pro-
gram under this paragraph shall include— 
‘‘(A) recognition for a chemical substance 
or mixture, an article containing such substance 
or mixture, or a non-chemical alternative, deter-
mined by the Administrator under paragraph 
(2) to be a safer alternative for all intended 
uses or for a particular use of an existing chem-
ical substance or mixture by means of a special 
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designation intended for use in marketing the 
safer alternative, and periodic public awards; 
and 
‘‘(B) such other financial or non-financial 
incentives as the Administrator considers to be 
appropriate to encourage the development, mar-
keting, and use of chemical substances or mix-
tures, articles containing such substances or 
mixtures, or non-chemical alternatives, deter-
mined by the Administrator to be safer alter-
natives for all uses or for particular uses of ex-
isting chemical substances or mixtures. 
‘‘(2) SAFER ALTERNATIVE ASSESSMENT.—Any 
person seeking approval for a safer alternative under 
this section shall submit to the Administrator an ap-
plication, including the safer alternative data set de-
scribed in subparagraph (A) and shall bear the bur-
den of demonstrating that the safer alternative 
standard is met, pursuant to subparagraph (B). 
‘‘(A) SAFER
ALTERNATIVE
DATA
SET.— 
Not later than one year after the date of enact-
ment of the Toxic Chemicals Safety Act of 
2010, the Administrator shall establish, by rule, 
the data that constitute the safer alternative 
data set. The rule shall identify the information 
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that the Administrator determines will be useful 
for the safer alternative standard determination 
under subparagraph (B) and shall include— 
‘‘(i) chemical identity for the appli-
cant alternative chemical substance or mix-
ture, article containing such substance or 
mixture, or non-chemical alternative and 
the chemical substance or mixture targeted 
for substitution; 
‘‘(ii) the proposed use, if applicable, 
or all intended uses of the applicant alter-
native; 
‘‘(iii) substance characteristics, toxi-
cological properties, and biological and en-
vironmental fate and transport data for 
the applicant alternative; 
‘‘(iv) known and potential exposures 
for the applicant alternative; 
‘‘(v) a comparative analysis of the ap-
plicant alternative and the chemical sub-
stance or mixture targeted for substitution 
based on the best publicly-available science 
on the targeted substance demonstrating 
that the applicant alternative will involve 
lower hazard, lower exposure, or both; and 
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‘‘(vi) a demonstration that the appli-
cant alternative is effective for the pro-
posed use or for all intended uses, as appli-
cable. 
The rule shall require any person applying for 
approval of a safer alternative to submit the 
safer alternative data set, and may provide a 
form for such application. 
‘‘(B) SAFER ALTERNATIVE STANDARD DE-
TERMINATION.—The Administrator shall, fol-
lowing the submission of a safer alternative 
data set pursuant to subparagraph (A), approve 
the applicant alternative chemical substance or 
mixture, article containing such substance or 
mixture, or non-chemical alternative for the 
proposed use or uses if the Administrator deter-
mines that the proposed alternative is effective 
for the proposed use or uses and— 
‘‘(i) provides a reasonable certainty of 
no harm from the aggregate exposure to 
the alternative substance from intended 
uses, including to vulnerable populations, 
and protects the public welfare, considering 
the lifecycle of the alternative substance 
and cumulative exposures and other rel-
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evant considerations, and, when compared 
to the chemical substance or mixture tar-
geted for substitution— 
‘‘(I) reduces the potential for 
harm to human health or the environ-
ment; 
‘‘(II) has been shown not to be 
persistent or bioaccumulative, while 
the chemical substance or mixture tar-
geted for substitution has not; or 
‘‘(III) does not require the use of 
hazardous, persistent, or bioaccumula-
tive substances during its manufac-
ture or processing, while the chemical 
substance or mixture targeted for sub-
stitution does; or 
‘‘(ii) in the case that the applicant al-
ternative cannot provide a reasonable cer-
tainty of no harm from the aggregate ex-
posure to the alternative substance from 
intended uses, including to vulnerable pop-
ulations, and protect the public welfare, 
considering the lifecycle of the alternative 
substance and cumulative exposures and 
other relevant considerations, the chemical 
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substance or mixture targeted for substi-
tution had been granted or would qualify 
for a critical use exemption under section 
6(e) and the applicant alternative chemical 
substance or mixture, article containing 
such substance or mixture, or non-chemical 
alternative, when compared to the chemical 
substance or mixture targeted for substi-
tution— 
‘‘(I) reduces the potential for 
harm to human health or the environ-
ment; 
‘‘(II) has been shown not to be 
persistent or bioaccumulative, while 
the chemical substance or mixture tar-
geted for substitution has not; or 
‘‘(III) does not require the use of 
hazardous, persistent, or bioaccumula-
tive substances during its manufac-
ture or processing, while the chemical 
substance or mixture targeted for sub-
stitution does. 
Any applicant alternative approved under 
this section shall be exempt from the re-
quirements of sections 4, 5, and 6 for the 
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uses considered and approved in the ap-
proval under this section, except that any 
approval under this section shall expire 
after 15 years, at which time a renewal 
will be required pursuant to section 6(b). 
‘‘(C) 
CONSIDERATION
IN
DETERMINA-
TION.—Any safer alternative standard deter-
mination made under this subsection shall be 
considered by the Administrator in making a 
safety standard determination under section 
6(b) or in granting an exemption under section 
6(e) for the chemical substance or mixture tar-
geted for substitution by the application under 
this subsection. 
‘‘(b) GREEN CHEMISTRY.— 
‘‘(1) GREEN
CHEMISTRY
RESEARCH
NET-
WORK.—Not later than 2 years after the date of en-
actment of the Toxic Chemicals Safety Act of 2010, 
and subject to amounts made available in advance in 
appropriations Acts, the Administrator shall estab-
lish an interdisciplinary network of regional centers, 
to support the research, development, and adoption 
of safer alternatives to existing chemical substances 
and mixtures, particularly chemical substances and 
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mixtures listed on the priority list under section 
6(a). 
‘‘(2) GREEN CHEMISTRY AND ENGINEERING RE-
SEARCH.—Subject to amounts made available in ad-
vance in appropriations Acts, the Administrator 
shall make grants and enter into contracts to pro-
mote and support the research, development, and 
adoption of safer alternatives to existing chemical 
substances and mixtures. 
‘‘(3) GREEN
CHEMISTRY
WORKFORCE
EDU-
CATION AND TRAINING PROGRAM.— 
‘‘(A) ESTABLISHMENT OF PROGRAM.—The 
Administrator shall establish a program to fa-
cilitate the development of a workforce, includ-
ing industrial and scientific workers, that pro-
duces safer alternatives to existing chemical 
substances and mixtures. 
‘‘(B) GOALS.—The goals of the program 
established under subparagraph (A) are to pro-
vide workforce training on skills that will— 
‘‘(i) facilitate the expansion of green 
chemistry in the United States to create 
new and safer jobs; 
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‘‘(ii) develop a scientifically and tech-
nically trained green chemistry workforce 
in the United States; 
‘‘(iii) inform and engage communities 
about green chemistry; and 
‘‘(iv) promote innovation and strong 
public health and environmental protec-
tions. 
‘‘(C) IMPLEMENTATION.—The Adminis-
trator shall, subject to amounts made available 
in advance in appropriations Acts, implement 
the program established under subparagraph 
(A) to achieve the goals under subparagraph 
(B), including by— 
‘‘(i) promoting the development of a 
broad range of skills relevant to the pro-
duction and use of safer alternatives to ex-
isting chemical substances and mixtures, 
including their design, manufacturing, and 
use and disposal; 
‘‘(ii) developing partnerships with 
educational institutions, training organiza-
tions, private sector companies, community 
organizations, labor unions, and other non- 
profit organizations; and 
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‘‘(iii) in coordination with the Sec-
retary of Labor and the Secretary of En-
ergy, providing grants to State and local 
governments and to the partnerships estab-
lished pursuant to clause (ii) to promote 
and support activities consistent with 
achieving the goals under subparagraph 
(B). 
‘‘SEC. 36. INTERNATIONAL COOPERATION AND AGREE-
MENTS. 
‘‘(a) COOPERATION.—In coordination with the Sec-
retary of State and the head of any other Federal agency, 
as appropriate, the Administrator shall cooperate with any 
international effort which the Administrator determines 
has broad international support and a reasonable expecta-
tion of success— 
‘‘(1) to develop a common protocol or electronic 
database relating to chemical substances and mix-
tures; or 
‘‘(2) to develop safer alternatives for chemical 
substances and mixtures. 
‘‘(b) PROHIBITION.— 
‘‘(1) PROHIBITION.—Except as provided in 
paragraph (2), notwithstanding any other provision 
of law, effective 3 years after the date of enactment 
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of the Toxic Chemicals Safety Act of 2010, no per-
son shall manufacture, process, distribute in com-
merce, use for commercial purposes, or dispose of 
the following chemical substances, except in a man-
ner determined by the Administrator to be protective 
of health and the environment: 
‘‘(A) Hexabromobiphenyl. 
‘‘(B) Hexachlorobenzene. 
‘‘(C) 
Hexabromodiphenyl 
ether 
and 
Heptabromodiphenyl ether and congeners in the 
commercial OctaBDE mixture. 
‘‘(D) Pentachlorobenzene. 
‘‘(E) 
Tetrabromodiphenyl 
ether 
and 
pentabromodiphenyl ether and congeners in the 
commercial PentaBDE mixture. 
‘‘(2) EXCEPTION.—If the United States depos-
its its instrument of ratification for the Stockholm 
Convention, the PIC Convention, or the LRTAP 
POPs Protocol before the prohibition under para-
graph (1) has taken effect, the effective date of the 
prohibition shall be determined in keeping with the 
requirements of the applicable agreement. 
‘‘(c) NOTICE
OF RESTRICTIONS UNDER INTER-
NATIONAL AGREEMENTS.—Not later than 60 days after 
the enactment of the Toxic Chemicals Safety Act of 2010, 
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the Administrator, in consultation with the Secretary of 
State, shall publish in the Federal Register a notice of 
the chemical substances or mixtures that are subject to 
the Stockholm Convention, the PIC Convention, and the 
LRTAP POPs Protocol, including conditions or restric-
tions relating to such chemical substances or mixtures im-
posed by such agreements or by foreign governments pur-
suant to such agreements. 
‘‘(d) IMPLEMENTING AGREEMENTS.—In consultation 
with the Secretary of State and the head of any other ap-
propriate Federal agency (as determined by the Adminis-
trator), the Administrator shall implement the provisions 
of international agreements (and any subsequent amend-
ment to such agreements) related to chemical substances 
and mixtures to which the United States becomes a party. 
Such implementation shall provide notice at each step in 
the listing and delisting process as required in such agree-
ments and include requirements that: 
‘‘(1) Not later than 30 days after the United 
States deposits its instrument of ratification for the 
Stockholm Convention, the PIC Convention, the 
LRTAP POPs Protocol, or any other international 
agreement related to chemical substances and mix-
tures, or not later than 30 days after the listing of 
any chemical substance or mixture subsequently 
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added under such an instrument has entered into 
force for the United States, (whichever occurs ear-
lier), the Administrator shall provide public notice of 
the chemical substances or mixtures that are subject 
to that agreement, and shall provide similar public 
notice of any chemical substance or mixture subse-
quently added under such agreement. In providing 
such notice, the Administrator may specify the appli-
cable requirements for individual chemical sub-
stances or mixtures. 
‘‘(2) Whenever a chemical substance or mixture 
is proposed for listing under an international agree-
ment to which the United States is a party, the Ad-
ministrator shall publish in the Federal Register a 
notice that— 
‘‘(A) includes any relevant toxicity, expo-
sure, and risk information related to the chem-
ical substance or mixture known to the Admin-
istrator, as well as any domestic activities in-
volving the chemical substance or mixture 
known to the Administrator; 
‘‘(B) includes a summary of the process, 
under the international agreement, for the list-
ing or delisting step that was taken, including 
criteria applied in that process and records gen-
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erated by the international body during that 
process; 
‘‘(C) requires any person that manufac-
tures, processes, distributes in commerce, uses, 
or disposes of the chemical substance or mix-
ture to provide to the Administrator any infor-
mation that the Administrator determines to be 
necessary to assist the United States in its con-
sideration of the proposal; and 
‘‘(D) provides an opportunity for public 
comment on the proposed listing of the chem-
ical substance or mixture. 
The comments and information received under this 
paragraph shall be placed in a public docket and 
shall be considered in the Administrator’s review of 
the proposal. 
‘‘(3) Any chemical substance or mixture listed 
under an international agreement to which the 
United States is a party that is not already subject 
to conditions under section 6(c) or already listed on 
the priority list under section 6(a) shall be promptly 
added to the priority list under section 6(a). 
‘‘(4) If there are applicable obligations for a 
chemical substance or mixture under more than one 
international agreement to which the United States 
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is a party, the most stringent of such obligations 
shall apply to ensure compliance with each of those 
agreements. 
‘‘(e) RULES.—The Administrator may promulgate 
such rules as the Administrator determines necessary to 
cooperate with international efforts pursuant to subsection 
(a) and to implement international agreements related to 
chemical substances and mixtures pursuant to subsection 
(d). 
‘‘(f) EFFECT ON OTHER PROVISIONS OF LAW.— 
Nothing in this section shall affect the authority of the 
Administrator to regulate a chemical substance or mixture 
under any other provision of law, provided that such regu-
lation— 
‘‘(1) is not less stringent than actions pre-
scribed by this section; and 
‘‘(2) does not impair the ability of the United 
States to comply with obligations under inter-
national agreements (and any subsequent amend-
ment to such agreements) related to chemical sub-
stances and mixtures to which the United States be-
comes a party. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) 
LRTAP 
CONVENTION.—The 
term 
‘LRTAP Convention’ means the Convention on 
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Long-Range Transboundary Air Pollution, adopted 
in Geneva on November 13, 1979, and any subse-
quent amendment or protocol. 
‘‘(2) LRTAP 
POPS
PROTOCOL.—The term 
‘LRTAP POPs Protocol’ means the Protocol on Per-
sistent Organic Pollutants to the LRTAP Conven-
tion, adopted in Aarhus on June 24, 1998, and any 
subsequent amendment. 
‘‘(3) STOCKHOLM
CONVENTION.—The term 
‘Stockholm Convention’ means the Stockholm Con-
vention on Persistent Organic Pollutants adopted in 
Stockholm on May 22, 2001, and any subsequent 
amendment or protocol. 
‘‘SEC. 37. DATA QUALITY. 
‘‘Not later than 18 months after the date of enact-
ment of the Toxic Chemicals Safety Act of 2010, the Ad-
ministrator shall, by order, after notice and opportunity 
for comment, establish and implement procedures to en-
sure data quality under this Act including, at a minimum, 
requirements that— 
‘‘(1) not less than annually, the Administrator 
randomly inspect commercial and private labora-
tories that develop the data required under this title; 
‘‘(2) annually, the Administrator perform a 
comprehensive data audit on a subset, as selected by 
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the Administrator, of the data submissions under 
this title; 
‘‘(3) the Administrator have access to all 
records of privately sponsored health and safety 
studies initiated in response to requirements under 
this title; and 
‘‘(4) the submitter of any study conducted by a 
third party in response to requirements under this 
title disclose to the Administrator and the public, at 
the time of submission, the sources of any funding 
used for the conduct or publication of the study re-
ceived by the researchers who conducted the study. 
‘‘SEC. 38. HOT SPOTS. 
‘‘(a) CRITERIA.—Not later than 1 year after the date 
of enactment of the Toxic Chemicals Safety Act of 2010, 
the Administrator shall promulgate a rule to— 
‘‘(1) establish criteria for the determination of 
disproportionate exposure, which shall include cri-
teria for identification of average exposure levels in 
the United States and criteria for identification of 
exceedences that are significant based on their po-
tential impact on health or the environment; 
‘‘(2) establish criteria to identify any locality 
that is disproportionately exposed; and 
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‘‘(3) develop a method for data collection on 
and categorization of patterns of disproportionate 
exposure and associated adverse effects. 
‘‘(b) IDENTIFICATION.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after promulgation of the rule under subsection (a), 
the Administrator shall identify localities within the 
United States subject to disproportionate exposure. 
‘‘(2) USE
OF
DATA.—In identifying localities 
under paragraph (1), the Administrator— 
‘‘(A) shall use data contained in the Na-
tional Air Toxic Assessment Database; and 
‘‘(B) may use other data available to the 
Administrator, including data developed pursu-
ant to— 
‘‘(i) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
‘‘(ii) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); 
‘‘(iii) the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et 
seq.); 
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‘‘(iv) the Emergency Planning and 
Community Right-to-Know Act of 1986 
(42 U.S.C. 11001 et seq.); and 
‘‘(v) the National Environmental Pub-
lic Health Tracking program at the Cen-
ters for Disease Control and Prevention. 
‘‘(3) PUBLIC
PARTICIPATION.—The Adminis-
trator shall provide an opportunity for State, local, 
and tribal governments and members of the public 
to nominate localities for which there may be dis-
proportionate exposure for inclusion in the identi-
fication of localities under paragraph (1). 
‘‘(c) HOT SPOT LIST.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after completing the identification of localities under 
subsection (b)(1), the Administrator shall, after no-
tice and consultation with all applicable State, local, 
and tribal health and environmental officials, legisla-
tors and other elected officials, and members of the 
public, publish a list of the localities subject to dis-
proportionate exposure identified pursuant to such 
subsection in the Federal Register and make such 
list available electronically. The initial list shall in-
clude at least 20 localities. 
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‘‘(2) UPDATING.—Not later than 5 years after 
the date of publication of the list under paragraph 
(1), and at least once every 5 years thereafter, the 
Administrator shall update and republish such list. 
The Administrator may update and republish such 
list to add new localities that meet the criteria under 
subsection (a), or to remove localities when the Ad-
ministrator determines that the percentage exposure 
reduction goal for such a locality established pursu-
ant to subsection (d) has been achieved and no fur-
ther action is needed. The Administrator shall notify 
all applicable State, local, and tribal health and envi-
ronmental officials, legislators and other elected offi-
cials, and members of the public of such an updated 
listing. 
‘‘(d) ACTION PLANS.—Not later than 1 year after 
publishing or updating the list under subsection (c), the 
Administrator shall coordinate with State, local, and tribal 
governments and members of the public to develop, for 
each locality identified on the list, an action plan to reduce 
disproportionate exposure within such locality. Each such 
action plan shall include— 
‘‘(1) identification of the chemical substances 
and mixtures that contribute to the disproportionate 
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exposure (including exposure levels, sources, and 
pathways); 
‘‘(2) a description of actions to be undertaken 
by the Administrator or State, local, or tribal gov-
ernments, to reduce disproportionate exposure with-
in the locality; 
‘‘(3) a percentage exposure reduction goal for 
each chemical substance and mixture identified 
under paragraph (1); and 
‘‘(4) a timeline to achieve the percentage expo-
sure reduction goal under paragraph (3). 
‘‘(e) REPORT TO CONGRESS.—Beginning on the date 
that is one year after the development of the first action 
plan under subsection (d), and annually thereafter, the 
Administrator shall— 
‘‘(1) prepare and submit to Congress an annual 
report identifying— 
‘‘(A) each locality added to the list in the 
prior year under subsection (c); 
‘‘(B) each action plan developed in the 
prior year under subsection (d); 
‘‘(C) the progress on each action plan to 
date; and 
‘‘(D) the reasons why any timelines for 
percentage exposure reductions were not met 
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and the revised timeline for meeting those re-
ductions; and 
‘‘(2) make the report available to the public in 
the public database established under section 8(d). 
‘‘(f) LOCALITY.—In this section, the term ‘locality’ 
means any geographical area in which the Administrator 
identifies disproportionate exposure and may include a 
county, city, town, neighborhood, census tract, zip code, 
or other commonly understood political or geographical 
subdivision. 
‘‘SEC. 39. EXEMPTION FOR CHEMICAL SUBSTANCES OR MIX-
TURES BASED ON INTRINSIC PROPERTIES. 
‘‘(a) AUTHORITY TO EXEMPT CERTAIN CHEMICAL 
SUBSTANCES AND MIXTURES BASED ON INTRINSIC PROP-
ERTIES.—If the Administrator determines that scientific 
consensus exists that the intrinsic properties of a chemical 
substance or mixture are such that it does not and would 
not pose any risk of injury to health or the environment 
under any current, proposed, or anticipated levels of pro-
duction, patterns of use, or exposures arising at any stage 
across the lifecycle of the substance or mixture, the Ad-
ministrator may, by order, exempt the substance or mix-
ture, or particular uses of the substance or mixture, from 
one or more of the requirements of sections 4, 5, 6 and 
8 of this Act. A determination under this section shall be 
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based on consideration of the intrinsic properties of the 
substance or mixture, and shall not be based on findings 
or assumptions of low human or environmental exposure 
to the substance or mixture. 
‘‘(b) NOTICE
OF DETERMINATION
AND EXEMP-
TION.—Within 30 days of determining and exempting, 
pursuant to subsection (a), a chemical substance or mix-
ture, or a particular use of a chemical substance or mix-
ture, the Administrator shall publish in the Federal Reg-
ister, and shall add to the public database established pur-
suant to section 8(d), a notice that provides the specific 
identity of the chemical substance or mixture, and, for a 
particular use determined and exempted under subsection 
(a), the particular use of the substance or mixture, that 
the Administrator has determined and exempted under 
subsection (a) and that explains and documents the basis 
for the Administrator’s determination and exemption. 
‘‘(c) RECONSIDERATION
OF DETERMINATION
AND 
EXEMPTION.— 
‘‘(1) IN GENERAL.—The Administrator may re-
consider and revoke or modify any determination or 
exemption under subsection (a) at any time if the 
Administrator determines that the conditions of sub-
section (a) are no longer met, or that such action is 
necessary to protect human health or the environ-
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ment or is otherwise in the public interest. In the 
event of such revocation or modification, the Admin-
istrator shall provide public notice of the grounds for 
that determination and publish such notice on the 
public database established pursuant to section 8(d). 
‘‘(2) EFFECTIVE
DATE.—Any revocation or 
modification undertaken pursuant to this subsection 
shall not take effect prior to the date that is one 
year after public notice of the determination, unless 
an earlier effective date is necessary to protect 
human health or the environment. 
‘‘(d) PRIOR REGULATORY EXEMPTIONS.—Not later 
than one year after the date of enactment of the Toxic 
Chemicals Safety Act of 2010, exemptions granted by the 
Administrator pursuant to section 5(h)(4) of this Act prior 
to the date of enactment of the Toxic Chemicals Safety 
Act of 2010, as such section was in effect before such date 
of enactment, shall be reviewed by the Administrator and 
continued in effect under the authority granted by this 
section, as appropriate. Such an exemption shall continue 
to be in effect until such date as the Administrator deter-
mines, by order, that— 
‘‘(1) the exemption is not authorized or not ap-
propriate under this section, at which time the ex-
emption shall cease to be in effect; or 
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‘‘(2) the exemption is authorized and appro-
priate under this section, at which time the Adminis-
trator may issue an order to modify or continue in 
effect the exemption pursuant to subsection (a). 
‘‘(e) NO LIMITATION ON AUTHORITY.—Nothing in 
this section shall be construed to limit or otherwise affect 
the Administrator’s authority under any other provision 
of this Act. 
‘‘SEC. 40. APPLICATION OF THIS ACT TO FEDERAL AGEN-
CIES. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(e), each Federal agency, and any officer, agent, or em-
ployee thereof, shall be subject to, and comply with, all 
applicable requirements of this Act, both substantive and 
procedural, in the same manner, and to the same extent, 
as any person subject to such requirements. The sub-
stantive and procedural requirements referred to in this 
subsection include— 
‘‘(1) any rule or order; 
‘‘(2) any civil or administrative penalty or fine, 
regardless of whether such penalty or fine is punitive 
or coercive in nature or is imposed for isolated, 
intermittent, or continuing violations; 
‘‘(3) any requirement for reporting; 
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‘‘(4) any provision for injunctive relief and such 
sanctions as may be imposed by a court to enforce 
such relief; and 
‘‘(5) payment of user fees under section 26(b). 
‘‘(b) WAIVER
OF IMMUNITY.—The United States 
hereby expressly waives any immunity otherwise applicable 
to the United States with respect to any substantive or 
procedural requirement referred to under subsection (a). 
‘‘(c) CIVIL PENALTIES.—No agent, employee, or offi-
cer of the United States shall be personally liable for any 
civil penalty under this Act with respect to any act or 
omission within the scope of the official duties of the 
agent, employee, or officer. 
‘‘(d) CRIMINAL SANCTIONS.—An agent, employee, or 
officer of the United States shall be subject to any crimi-
nal sanction (including any fine or imprisonment) under 
this Act, but no Federal agency shall be subject to any 
such sanction. 
‘‘(e) EXEMPTION.— 
‘‘(1) IN GENERAL.—If the President determines 
it is in the paramount interest of the United States, 
the President may grant an exemption for any Fed-
eral agency from compliance with any requirement 
of this Act. 
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