H. R. 2576—13 
is practicable before the expiration of such period. Publication of 
such statement in accordance with the preceding sentence is not 
a prerequisite to the manufacturing or processing of the substance 
with respect to which the statement is to be published.’’; 
(8) in subsection (h)— 
(A) in paragraph (1)(A), by inserting ‘‘, including an 
unreasonable risk to a potentially exposed or susceptible 
subpopulation identified by the Administrator for the spe-
cific conditions of use identified in the application’’ after 
‘‘health or the environment’’; 
(B) in paragraph (2), by striking ‘‘data’’ each place 
it appears and inserting ‘‘information’’; and 
(C) in paragraph (4), by striking ‘‘. A rule promulgated’’ 
and all that follows through ‘‘section 6(c)’’ and inserting 
‘‘, including an unreasonable risk to a potentially exposed 
or susceptible subpopulation identified by the Adminis-
trator under the conditions of use’’; and 
(9) by amending subsection (i) to read as follows: 
‘‘(i) DEFINITIONS.—(1) For purposes of this section, the terms 
‘manufacture’ and ‘process’ mean manufacturing or processing for 
commercial purposes. 
‘‘(2) For purposes of this Act, the term ‘requirement’ as used 
in this section shall not displace any statutory or common law. 
‘‘(3) For purposes of this section, the term ‘applicable review 
period’ means the period starting on the date the Administrator 
receives a notice under subsection (a)(1) and ending 90 days after 
that date, or on such date as is provided for in subsection (b)(1) 
or (c).’’. 
SEC. 6. PRIORITIZATION, RISK EVALUATION, AND REGULATION OF 
CHEMICAL SUBSTANCES AND MIXTURES. 
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) 
is amended— 
(1) by striking the section heading and inserting 
‘‘PRIORITIZATION, RISK
EVALUATION, AND
REGULATION
OF 
CHEMICAL SUBSTANCES AND MIXTURES’’; 
(2) in subsection (a)— 
(A) by striking ‘‘finds that there is a reasonable basis 
to conclude’’ and inserting ‘‘determines in accordance with 
subsection (b)(4)(A)’’; 
(B) by striking ‘‘or will present’’; 
(C) by inserting ‘‘and subject to section 18, and in 
accordance with subsection (c)(2),’’ after ‘‘shall by rule’’; 
(D) by striking ‘‘to protect adequately against such 
risk using the least burdensome requirements’’ and 
inserting ‘‘so that the chemical substance or mixture no 
longer presents such risk’’; 
(E) by inserting ‘‘or otherwise restricting’’ after ‘‘prohib-
iting’’ in paragraphs (1)(A) and (2)(A); 
(F) by inserting ‘‘minimum’’ before ‘‘warnings’’ both 
places it appears in paragraph (3); 
(G) by striking ‘‘and monitor or conduct tests’’ and 
inserting ‘‘or monitor or conduct tests’’ in paragraph (4); 
and 
(H) in paragraph (7)— 
(i) by striking ‘‘such unreasonable risk of injury’’ 
and inserting ‘‘such determination’’; and
H. R. 2576—14 
(ii) by striking ‘‘such risk of injury’’ and inserting 
‘‘such determination’’; 
(3) by amending subsection (b) to read as follows: 
‘‘(b) RISK EVALUATIONS.— 
‘‘(1) PRIORITIZATION FOR RISK EVALUATIONS.— 
‘‘(A) ESTABLISHMENT OF PROCESS.—Not later than 1 
year after the date of enactment of the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act, the 
Administrator shall establish, by rule, a risk-based 
screening process, including criteria for designating chem-
ical substances as high-priority substances for risk evalua-
tions or low-priority substances for which risk evaluations 
are not warranted at the time. The process to designate 
the priority of chemical substances shall include a consider-
ation of the hazard and exposure potential of a chemical 
substance or a category of chemical substances (including 
consideration of persistence and bioaccumulation, poten-
tially exposed or susceptible subpopulations and storage 
near significant sources of drinking water), the conditions 
of use or significant changes in the conditions of use of 
the chemical substance, and the volume or significant 
changes in the volume of the chemical substance manufac-
tured or processed. 
‘‘(B) IDENTIFICATION OF PRIORITIES FOR RISK EVALUA-
TION.— 
‘‘(i) HIGH-PRIORITY
SUBSTANCES.—The Adminis-
trator shall designate as a high-priority substance a 
chemical substance that the Administrator concludes, 
without consideration of costs or other nonrisk factors, 
may present an unreasonable risk of injury to health 
or the environment because of a potential hazard and 
a potential route of exposure under the conditions of 
use, including an unreasonable risk to a potentially 
exposed or susceptible subpopulation identified as rel-
evant by the Administrator. 
‘‘(ii) LOW-PRIORITY
SUBSTANCES.—The Adminis-
trator shall designate a chemical substance as a low- 
priority substance if the Administrator concludes, 
based on information sufficient to establish, without 
consideration of costs or other nonrisk factors, that 
such substance does not meet the standard identified 
in clause (i) for designating a chemical substance a 
high-priority substance. 
‘‘(C) INFORMATION REQUEST AND REVIEW AND PROPOSED 
AND FINAL PRIORITIZATION DESIGNATION.—The rulemaking 
required in subparagraph (A) shall ensure that the time 
required to make a priority designation of a chemical sub-
stance be no shorter than nine months and no longer 
than 1 year, and that the process for such designations 
includes— 
‘‘(i) a requirement that the Administrator request 
interested persons to submit relevant information on 
a chemical substance that the Administrator has initi-
ated the prioritization process on, before proposing a 
priority designation for the chemical substance, and 
provide 90 days for such information to be provided;
H. R. 2576—15 
‘‘(ii) a requirement that the Administrator publish 
each proposed designation of a chemical substance as 
a high- or low-priority substance, along with an identi-
fication of the information, analysis, and basis used 
to make the proposed designations, and provide 90 
days for public comment on each such proposed des-
ignation; and 
‘‘(iii) a process by which the Administrator may 
extend the deadline in clause (i) for up to three months 
in order to receive or evaluate information required 
to be submitted in accordance with section 4(a)(2)(B), 
subject to the limitation that if the information avail-
able to the Administrator at the end of such an exten-
sion remains insufficient to enable the designation of 
the chemical substance as a low-priority substance, 
the Administrator shall designate the chemical sub-
stance as a high-priority substance. 
‘‘(2) INITIAL RISK EVALUATIONS AND SUBSEQUENT DESIGNA-
TIONS OF HIGH- AND LOW-PRIORITY SUBSTANCES.— 
‘‘(A) INITIAL RISK EVALUATIONS.—Not later than 180 
days after the date of enactment of the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act, the 
Administrator shall ensure that risk evaluations are being 
conducted on 10 chemical substances drawn from the 2014 
update of the TSCA Work Plan for Chemical Assessments 
and shall publish the list of such chemical substances 
during the 180 day period. 
‘‘(B) ADDITIONAL RISK EVALUATIONS.—Not later than 
three and one half years after the date of enactment of 
the Frank R. Lautenberg Chemical Safety for the 21st 
Century Act, the Administrator shall ensure that risk 
evaluations are being conducted on at least 20 high-priority 
substances and that at least 20 chemical substances have 
been designated as low-priority substances, subject to the 
limitation that at least 50 percent of all chemical sub-
stances on which risk evaluations are being conducted by 
the Administrator are drawn from the 2014 update of the 
TSCA Work Plan for Chemical Assessments. 
‘‘(C) CONTINUING
DESIGNATIONS
AND
RISK
EVALUA-
TIONS.—The Administrator shall continue to designate pri-
ority substances and conduct risk evaluations in accordance 
with this subsection at a pace consistent with the ability 
of the Administrator to complete risk evaluations in accord-
ance with the deadlines under paragraph (4)(G). 
‘‘(D) PREFERENCE.—In designating high-priority sub-
stances, the Administrator shall give preference to— 
‘‘(i) chemical substances that are listed in the 2014 
update of the TSCA Work Plan for Chemical Assess-
ments as having a Persistence and Bioaccumulation 
Score of 3; and 
‘‘(ii) chemical substances that are listed in the 
2014 update of the TSCA Work Plan for Chemical 
Assessments that are known human carcinogens and 
have high acute and chronic toxicity. 
‘‘(E) METALS AND METAL COMPOUNDS.—In identifying 
priorities for risk evaluation and conducting risk evalua-
tions of metals and metal compounds, the Administrator
H. R. 2576—16 
shall use the Framework for Metals Risk Assessment of 
the Office of the Science Advisor, Risk Assessment Forum, 
and dated March 2007, or a successor document that 
addresses metals risk assessment and is peer reviewed 
by the Science Advisory Board. 
‘‘(3) INITIATION OF RISK EVALUATIONS; DESIGNATIONS.— 
‘‘(A) RISK EVALUATION INITIATION.—Upon designating 
a chemical substance as a high-priority substance, the 
Administrator shall initiate a risk evaluation on the sub-
stance. 
‘‘(B) REVISION.—The Administrator may revise the des-
ignation of a low-priority substance based on information 
made available to the Administrator. 
‘‘(C) ONGOING DESIGNATIONS.—The Administrator shall 
designate at least one high-priority substance upon the 
completion of each risk evaluation (other than risk evalua-
tions for chemical substances designated under paragraph 
(4)(C)(ii)). 
‘‘(4) RISK EVALUATION PROCESS AND DEADLINES.— 
‘‘(A) IN
GENERAL.—The Administrator shall conduct 
risk evaluations pursuant to this paragraph to determine 
whether a chemical substance presents an unreasonable 
risk of injury to health or the environment, without consid-
eration of costs or other nonrisk factors, including an 
unreasonable risk to a potentially exposed or susceptible 
subpopulation identified as relevant to the risk evaluation 
by the Administrator, under the conditions of use. 
‘‘(B) ESTABLISHMENT OF PROCESS.—Not later than 1 
year after the date of enactment of the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act, the 
Administrator shall establish, by rule, a process to conduct 
risk evaluations in accordance with subparagraph (A). 
‘‘(C) REQUIREMENT.—The Administrator shall conduct 
and publish risk evaluations, in accordance with the rule 
promulgated under subparagraph (B), for a chemical sub-
stance— 
‘‘(i) that has been identified under paragraph (2)(A) 
or designated under paragraph (1)(B)(i); and 
‘‘(ii) subject to subparagraph (E), that a manufac-
turer of the chemical substance has requested, in a 
form and manner and using the criteria prescribed 
by the Administrator in the rule promulgated under 
subparagraph (B), be subjected to a risk evaluation. 
‘‘(D) SCOPE.—The Administrator shall, not later than 
6 months after the initiation of a risk evaluation, publish 
the scope of the risk evaluation to be conducted, including 
the hazards, exposures, conditions of use, and the poten-
tially exposed or susceptible subpopulations the Adminis-
trator expects to consider, and, for each designation of 
a high-priority substance, ensure not less than 12 months 
between the initiation of the prioritization process for the 
chemical substance and the publication of the scope of 
the risk evaluation for the chemical substance, and for 
risk evaluations conducted on chemical substances that 
have been identified under paragraph (2)(A) or selected 
under subparagraph (E)(iv)(II) of this paragraph, ensure
H. R. 2576—17 
not less than 3 months before the Administrator publishes 
the scope of the risk evaluation. 
‘‘(E) LIMITATION AND CRITERIA.— 
‘‘(i) PERCENTAGE
REQUIREMENTS.—The Adminis-
trator shall ensure that, of the number of chemical 
substances that undergo a risk evaluation under clause 
(i) of subparagraph (C), the number of chemical sub-
stances undergoing a risk evaluation under clause (ii) 
of subparagraph (C) is— 
‘‘(I) not less than 25 percent, if sufficient 
requests are made under clause (ii) of subpara-
graph (C); and 
‘‘(II) not more than 50 percent. 
‘‘(ii) REQUESTED RISK EVALUATIONS.—Requests for 
risk evaluations under subparagraph (C)(ii) shall be 
subject to the payment of fees pursuant to section 
26(b), and the Administrator shall not expedite or 
otherwise provide special treatment to such risk 
evaluations. 
‘‘(iii) PREFERENCE.—In deciding whether to grant 
requests under subparagraph (C)(ii), the Administrator 
shall give preference to requests for risk evaluations 
on chemical substances for which the Administrator 
determines that restrictions imposed by 1 or more 
States have the potential to have a significant impact 
on interstate commerce or health or the environment. 
‘‘(iv) EXCEPTIONS.—(I) Chemical substances for 
which requests have been granted under subparagraph 
(C)(ii) shall not be subject to section 18(b). 
‘‘(II) Requests for risk evaluations on chemical sub-
stances which are made under subparagraph (C)(ii) 
and that are drawn from the 2014 update of the TSCA 
Work Plan for Chemical Assessments shall be granted 
at the discretion of the Administrator and not be sub-
ject to clause (i)(II). 
‘‘(F) REQUIREMENTS.—In conducting a risk evaluation 
under this subsection, the Administrator shall— 
‘‘(i) integrate and assess available information on 
hazards and exposures for the conditions of use of 
the chemical substance, including information that is 
relevant to specific risks of injury to health or the 
environment and information on potentially exposed 
or susceptible subpopulations identified as relevant by 
the Administrator; 
‘‘(ii) describe whether aggregate or sentinel expo-
sures to a chemical substance under the conditions 
of use were considered, and the basis for that consider-
ation; 
‘‘(iii) not consider costs or other nonrisk factors; 
‘‘(iv) take into account, where relevant, the likely 
duration, intensity, frequency, and number of expo-
sures under the conditions of use of the chemical sub-
stance; and 
‘‘(v) describe the weight of the scientific evidence 
for the identified hazard and exposure. 
‘‘(G) DEADLINES.—The Administrator—
H. R. 2576—18 
‘‘(i) shall complete a risk evaluation for a chemical 
substance as soon as practicable, but not later than 
3 years after the date on which the Administrator 
initiates the risk evaluation under subparagraph (C); 
and 
‘‘(ii) may extend the deadline for a risk evaluation 
for not more than 6 months. 
‘‘(H) NOTICE AND COMMENT.—The Administrator shall 
provide no less than 30 days public notice and an oppor-
tunity for comment on a draft risk evaluation prior to 
publishing a final risk evaluation.’’; 
(4) by amending subsection (c) to read as follows: 
‘‘(c) PROMULGATION OF SUBSECTION (a) RULES.— 
‘‘(1) DEADLINES.—If the Administrator determines that a 
chemical substance presents an unreasonable risk of injury 
to health or the environment in accordance with subsection 
(b)(4)(A), the Administrator— 
‘‘(A) shall propose in the Federal Register a rule under 
subsection (a) for the chemical substance not later than 
1 year after the date on which the final risk evaluation 
regarding the chemical substance is published; 
‘‘(B) shall publish in the Federal Register a final rule 
not later than 2 years after the date on which the final 
risk evaluation regarding the chemical substance is pub-
lished; and 
‘‘(C) may extend the deadlines under this paragraph 
for not more than 2 years, subject to the condition that 
the aggregate length of extensions under this subparagraph 
and subsection (b)(4)(G)(ii) does not exceed 2 years, and 
subject to the limitation that the Administrator may not 
extend a deadline for the publication of a proposed or 
final rule regarding a chemical substance drawn from the 
2014 update of the TSCA Work Plan for Chemical Assess-
ments or a chemical substance that, with respect to persist-
ence and bioaccumulation, scores high for 1 and either 
high or moderate for the other, pursuant to the TSCA 
Work Plan Chemicals Methods Document published by the 
Administrator in February 2012 (or a successor scoring 
system), without adequate public justification that dem-
onstrates, following a review of the information reasonably 
available to the Administrator, that the Administrator 
cannot complete the proposed or final rule without addi-
tional information regarding the chemical substance. 
‘‘(2) REQUIREMENTS FOR RULE.— 
‘‘(A) STATEMENT
OF
EFFECTS.—In proposing and 
promulgating a rule under subsection (a) with respect to 
a chemical substance or mixture, the Administrator shall 
consider and publish a statement based on reasonably 
available information with respect to— 
‘‘(i) the effects of the chemical substance or mixture 
on health and the magnitude of the exposure of human 
beings to the chemical substance or mixture; 
‘‘(ii) the effects of the chemical substance or mix-
ture on the environment and the magnitude of the 
exposure of the environment to such substance or mix-
ture;
H. R. 2576—19 
‘‘(iii) the benefits of the chemical substance or mix-
ture for various uses; and 
‘‘(iv) the reasonably ascertainable economic con-
sequences of the rule, including consideration of— 
‘‘(I) the likely effect of the rule on the national 
economy, small business, technological innovation, 
the environment, and public health; 
‘‘(II) the costs and benefits of the proposed 
and final regulatory action and of the 1 or more 
primary alternative regulatory actions considered 
by the Administrator; and 
‘‘(III) the cost effectiveness of the proposed 
regulatory action and of the 1 or more primary 
alternative regulatory actions considered by the 
Administrator. 
‘‘(B) SELECTING
REQUIREMENTS.—In selecting among 
prohibitions and other restrictions, the Administrator shall 
factor in, to the extent practicable, the considerations under 
subparagraph (A) in accordance with subsection (a). 
‘‘(C) CONSIDERATION OF ALTERNATIVES.—Based on the 
information published under subparagraph (A), in deciding 
whether to prohibit or restrict in a manner that substan-
tially prevents a specific condition of use of a chemical 
substance or mixture, and in setting an appropriate transi-
tion period for such action, the Administrator shall con-
sider, to the extent practicable, whether technically and 
economically feasible alternatives that benefit health or 
the environment, compared to the use so proposed to be 
prohibited or restricted, will be reasonably available as 
a substitute when the proposed prohibition or other restric-
tion takes effect. 
‘‘(D) REPLACEMENT PARTS.— 
‘‘(i) IN GENERAL.—The Administrator shall exempt 
replacement parts for complex durable goods and com-
plex consumer goods that are designed prior to the 
date of publication in the Federal Register of the rule 
under subsection (a), unless the Administrator finds 
that such replacement parts contribute significantly 
to the risk, identified in a risk evaluation conducted 
under subsection (b)(4)(A), to the general population 
or to an identified potentially exposed or susceptible 
subpopulation. 
‘‘(ii) DEFINITIONS.—In this subparagraph— 
‘‘(I) the term ‘complex consumer goods’ means 
electronic or mechanical devices composed of mul-
tiple manufactured components, with an intended 
useful life of 3 or more years, where the product 
is typically not consumed, destroyed, or discarded 
after a single use, and the components of which 
would be impracticable to redesign or replace; and 
‘‘(II) the term ‘complex durable goods’ means 
manufactured goods composed of 100 or more 
manufactured components, with an intended use-
ful life of 5 or more years, where the product 
is typically not consumed, destroyed, or discarded 
after a single use.
H. R. 2576—20 
‘‘(E) ARTICLES.—In selecting among prohibitions and 
other restrictions, the Administrator shall apply such 
prohibitions or other restrictions to an article or category 
of articles containing the chemical substance or mixture 
only to the extent necessary to address the identified risks 
from exposure to the chemical substance or mixture from 
the article or category of articles so that the substance 
or mixture does not present an unreasonable risk of injury 
to health or the environment identified in the risk evalua-
tion conducted in accordance with subsection (b)(4)(A). 
‘‘(3) PROCEDURES.—When prescribing a rule under sub-
section (a) the Administrator shall proceed in accordance with 
section 553 of title 5, United States Code (without regard 
to any reference in such section to sections 556 and 557 of 
such title), and shall also— 
‘‘(A) publish a notice of proposed rulemaking stating 
with particularity the reason for the proposed rule; 
‘‘(B) allow interested persons to submit written data, 
views, and arguments, and make all such submissions pub-
licly available; 
‘‘(C) promulgate a final rule based on the matter in 
the rulemaking record; and 
‘‘(D) make and publish with the rule the determination 
described in subsection (a).’’; 
(5) in subsection (d)— 
(A) by redesignating paragraph (2) as paragraph (3); 
(B) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—In any rule under subsection (a), the 
Administrator shall— 
‘‘(A) specify the date on which it shall take effect, 
which date shall be as soon as practicable; 
‘‘(B) except as provided in subparagraphs (C) and (D), 
specify mandatory compliance dates for all of the require-
ments under a rule under subsection (a), which shall be 
as soon as practicable, but not later than 5 years after 
the date of promulgation of the rule, except in a case 
of a use exempted under subsection (g); 
‘‘(C) specify mandatory compliance dates for the start 
of ban or phase-out requirements under a rule under sub-
section (a), which shall be as soon as practicable, but not 
later than 5 years after the date of promulgation of the 
rule, except in the case of a use exempted under subsection 
(g); 
‘‘(D) specify mandatory compliance dates for full 
implementation of ban or phase-out requirements under 
a rule under subsection (a), which shall be as soon as 
practicable; and 
‘‘(E) provide for a reasonable transition period. 
‘‘(2) VARIABILITY.—As determined by the Administrator, 
the compliance dates established under paragraph (1) may vary 
for different affected persons.’’; and 
(C) in paragraph (3), as so redesignated by subpara-
graph (A) of this paragraph— 
(i) in subparagraph (A)— 
(I) by striking ‘‘upon its publication’’ and all 
that follows through ‘‘respecting such rule if’’ and
H. R. 2576—21 
inserting ‘‘, and compliance with the proposed 
requirements to be mandatory, upon publication 
in the Federal Register of the proposed rule and 
until the compliance dates applicable to such 
requirements in a final rule promulgated under 
section 6(a) or until the Administrator revokes 
such proposed rule, in accordance with subpara-
graph (B), if’’; and 
(II) in clause (i)(I), by inserting ‘‘without 
consideration of costs or other non-risk factors’’ 
after ‘‘effective date’’; and 
(ii) in subparagraph (B), by striking ‘‘, provide 
reasonable opportunity’’ and all that follows through 
the period at the end and inserting ‘‘in accordance 
with subsection (c), and either promulgate such rule 
(as proposed or with modifications) or revoke it.’’; 
(6) in subsection (e)(4), by striking ‘‘paragraphs (2), (3), 
and (4)’’ and inserting ‘‘paragraph (3)’’; and 
(7) by adding at the end the following new subsections: 
‘‘(g) EXEMPTIONS.— 
‘‘(1) CRITERIA
FOR
EXEMPTION.—The Administrator may, 
as part of a rule promulgated under subsection (a), or in a 
separate rule, grant an exemption from a requirement of a 
subsection (a) rule for a specific condition of use of a chemical 
substance or mixture, if the Administrator finds that— 
‘‘(A) the specific condition of use is a critical or essential 
use for which no technically and economically feasible safer 
alternative is available, taking into consideration hazard 
and exposure; 
‘‘(B) compliance with the requirement, as applied with 
respect to the specific condition of use, would significantly 
disrupt the national economy, national security, or critical 
infrastructure; or 
‘‘(C) the specific condition of use of the chemical sub-
stance or mixture, as compared to reasonably available 
alternatives, provides a substantial benefit to health, the 
environment, or public safety. 
‘‘(2) EXEMPTION ANALYSIS AND STATEMENT.—In proposing 
an exemption under this subsection, the Administrator shall 
analyze the need for the exemption, and shall make public 
the analysis and a statement describing how the analysis was 
taken into account. 
‘‘(3) PERIOD OF EXEMPTION.—The Administrator shall estab-
lish, as part of a rule under this subsection, a time limit 
on any exemption for a time to be determined by the Adminis-
trator as reasonable on a case-by-case basis, and, by rule, 
may extend, modify, or eliminate an exemption if the Adminis-
trator determines, on the basis of reasonably available informa-
tion and after adequate public justification, the exemption war-
rants extension or modification or is no longer necessary. 
‘‘(4) CONDITIONS.—As part of a rule promulgated under 
this subsection, the Administrator shall include conditions, 
including reasonable recordkeeping, monitoring, and reporting 
requirements, to the extent that the Administrator determines 
the conditions are necessary to protect health and the environ-
ment while achieving the purposes of the exemption.
H. R. 2576—22 
‘‘(h) CHEMICALS THAT ARE PERSISTENT, BIOACCUMULATIVE, AND 
TOXIC.— 
‘‘(1) EXPEDITED ACTION.—Not later than 3 years after the 
date of enactment of the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act, the Administrator shall propose rules 
under subsection (a) with respect to chemical substances identi-
fied in the 2014 update of the TSCA Work Plan for Chemical 
Assessments— 
‘‘(A) that the Administrator has a reasonable basis 
to conclude are toxic and that with respect to persistence 
and bioaccumulation score high for one and either high 
or moderate for the other, pursuant to the TSCA Work 
Plan Chemicals Methods Document published by the 
Administrator in February 2012 (or a successor scoring 
system), and are not a metal or a metal compound, and 
for which the Administrator has not completed a Work 
Plan Problem Formulation, initiated a review under section 
5, or entered into a consent agreement under section 4, 
prior to the date of enactment of the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act; and 
‘‘(B) exposure to which under the conditions of use 
is likely to the general population or to a potentially 
exposed or susceptible subpopulation identified by the 
Administrator, or the environment, on the basis of an expo-
sure and use assessment conducted by the Administrator. 
‘‘(2) NO RISK EVALUATION REQUIRED.—The Administrator 
shall not be required to conduct risk evaluations on chemical 
substances that are subject to paragraph (1). 
‘‘(3) FINAL RULE.—Not later than 18 months after proposing 
a rule pursuant to paragraph (1), the Administrator shall 
promulgate a final rule under subsection (a). 
‘‘(4) SELECTING RESTRICTIONS.—In selecting among prohibi-
tions and other restrictions promulgated in a rule under sub-
section (a) pursuant to paragraph (1), the Administrator shall 
address the risks of injury to health or the environment that 
the Administrator determines are presented by the chemical 
substance and shall reduce exposure to the substance to the 
extent practicable. 
‘‘(5) RELATIONSHIP TO SUBSECTION (b).—If, at any time prior 
to the date that is 90 days after the date of enactment of 
the Frank R. Lautenberg Chemical Safety for the 21st Century 
Act, the Administrator makes a designation under subsection 
(b)(1)(B)(i), or receives a request under subsection (b)(4)(C)(ii), 
such chemical substance shall not be subject to this subsection, 
except that in selecting among prohibitions and other restric-
tions promulgated in a rule pursuant to subsection (a), the 
Administrator shall both ensure that the chemical substance 
meets the rulemaking standard under subsection (a) and reduce 
exposure to the substance to the extent practicable. 
‘‘(i) FINAL AGENCY ACTION.—Under this section and subject 
to section 18— 
‘‘(1) a determination by the Administrator under subsection 
(b)(4)(A) that a chemical substance does not present an 
unreasonable risk of injury to health or the environment shall 
be issued by order and considered to be a final agency action, 
effective beginning on the date of issuance of the order; and
H. R. 2576—23 
‘‘(2) a final rule promulgated under subsection (a), including 
the associated determination by the Administrator under sub-
section (b)(4)(A) that a chemical substance presents an 
unreasonable risk of injury to health or the environment, shall 
be considered to be a final agency action, effective beginning 
on the date of promulgation of the final rule. 
‘‘(j) DEFINITION.—For the purposes of this Act, the term ‘require-
ment’ as used in this section shall not displace statutory or common 
law.’’. 
SEC. 7. IMMINENT HAZARDS. 
Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) 
is amended— 
(1) in subsection (b)(1), by inserting ‘‘(as identified by the 
Administrator without consideration of costs or other nonrisk 
factors)’’ after ‘‘from the unreasonable risk’’; and 
(2) in subsection (f), by inserting ‘‘, without consideration 
of costs or other nonrisk factors’’ after ‘‘widespread injury to 
health or the environment’’. 
SEC. 8. REPORTING AND RETENTION OF INFORMATION. 
(a) IN GENERAL.—Section 8 of the Toxic Substances Control 
Act (15 U.S.C. 2607) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking the matter that follows 
subparagraph (G); 
(B) in paragraph (3), by adding at the end the following: 
‘‘(C) Not later than 180 days after the date of enactment of 
the Frank R. Lautenberg Chemical Safety for the 21st Century 
Act, and not less frequently than once every 10 years thereafter, 
the Administrator, after consultation with the Administrator of 
the Small Business Administration, shall— 
‘‘(i) review the adequacy of the standards prescribed under 
subparagraph (B); and 
‘‘(ii) after providing public notice and an opportunity for 
comment, make a determination as to whether revision of the 
standards is warranted.’’; and 
(C) by adding at the end the following: 
‘‘(4) CONTENTS.—The rules promulgated pursuant to para-
graph (1)— 
‘‘(A) may impose differing reporting and recordkeeping 
requirements on manufacturers and processors; and 
‘‘(B) shall include the level of detail necessary to be 
reported, including the manner by which use and exposure 
information may be reported. 
‘‘(5) ADMINISTRATION.—In carrying out this section, the 
Administrator shall, to the extent feasible— 
‘‘(A) not require reporting which is unnecessary or 
duplicative; 
‘‘(B) minimize the cost of compliance with this section 
and the rules issued thereunder on small manufacturers 
and processors; and 
‘‘(C) apply any reporting obligations to those persons 
likely to have information relevant to the effective 
implementation of this title. 
‘‘(6) NEGOTIATED
RULEMAKING.—(A) The Administrator 
shall enter into a negotiated rulemaking pursuant to subchapter 
III of chapter 5 of title 5, United States Code, to develop
H. R. 2576—24 
and publish, not later than 3 years after the date of enactment 
of the Frank R. Lautenberg Chemical Safety for the 21st Cen-
tury Act, a proposed rule providing for limiting the reporting 
requirements, under this subsection, for manufacturers of any 
inorganic byproducts, when such byproducts, whether by the 
byproduct manufacturer or by any other person, are subse-
quently recycled, reused, or reprocessed. 
‘‘(B) Not later than 3 and one-half years after such date 
of enactment, the Administrator shall publish a final rule 
resulting from such negotiated rulemaking.’’; and 
(2) in subsection (b), by adding at the end the following: 
‘‘(3) NOMENCLATURE.— 
‘‘(A) IN GENERAL.—In carrying out paragraph (1), the 
Administrator shall— 
‘‘(i) maintain the use of Class 2 nomenclature in 
use on the date of enactment of the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act; 
‘‘(ii) maintain the use of the Soap and Detergent 
Association Nomenclature System, published in March 
1978 by the Administrator in section 1 of addendum 
III of the document entitled ‘Candidate List of Chem-
ical Substances’, and further described in the appendix 
A of volume I of the 1985 edition of the Toxic Sub-
stances Control Act Substances Inventory (EPA Docu-
ment No. EPA–560/7–85–002a); and 
‘‘(iii) treat the individual members of the categories 
of chemical substances identified by the Administrator 
as statutory mixtures, as defined in Inventory descrip-
tions established by the Administrator, as being 
included on the list established under paragraph (1). 
‘‘(B) MULTIPLE NOMENCLATURE LISTINGS.—If a manu-
facturer or processor demonstrates to the Administrator 
that a chemical substance appears multiple times on the 
list published under paragraph (1) under different CAS 
numbers, the Administrator may recognize the multiple 
listings as a single chemical substance. 
‘‘(4) CHEMICAL SUBSTANCES IN COMMERCE.— 
‘‘(A) RULES.— 
‘‘(i) IN GENERAL.—Not later than 1 year after the 
date of enactment of the Frank R. Lautenberg Chem-
ical Safety for the 21st Century Act, the Administrator, 
by rule, shall require manufacturers, and may require 
processors, subject to the limitations under subsection 
(a)(5)(A), to notify the Administrator, by not later than 
180 days after the date on which the final rule is 
published in the Federal Register, of each chemical 
substance on the list published under paragraph (1) 
that the manufacturer or processor, as applicable, has 
manufactured or processed for a nonexempt commer-
cial purpose during the 10-year period ending on the 
day before the date of enactment of the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act. 
‘‘(ii) ACTIVE SUBSTANCES.—The Administrator shall 
designate chemical substances for which notices are 
received under clause (i) to be active substances on 
the list published under paragraph (1).
H. R. 2576—25 
‘‘(iii) INACTIVE
SUBSTANCES.—The Administrator 
shall designate chemical substances for which no 
notices are received under clause (i) to be inactive 
substances on the list published under paragraph (1). 
‘‘(iv) LIMITATION.—No chemical substance on the 
list published under paragraph (1) shall be removed 
from such list by reason of the implementation of this 
subparagraph, or be subject to section 5(a)(1)(A)(i) by 
reason of a change to active status under paragraph 
(5)(B). 
‘‘(B) CONFIDENTIAL CHEMICAL SUBSTANCES.—In promul-
gating a rule under subparagraph (A), the Administrator 
shall— 
‘‘(i) maintain the list under paragraph (1), which 
shall include a confidential portion and a nonconfiden-
tial portion consistent with this section and section 
14; 
‘‘(ii) require any manufacturer or processor of a 
chemical substance on the confidential portion of the 
list published under paragraph (1) that seeks to main-
tain an existing claim for protection against disclosure 
of the specific chemical identity of the chemical sub-
stance as confidential pursuant to section 14 to submit 
a notice under subparagraph (A) that includes such 
request; 
‘‘(iii) require the substantiation of those claims 
pursuant to section 14 and in accordance with the 
review plan described in subparagraph (C); and 
‘‘(iv) move any active chemical substance for which 
no request was received to maintain an existing claim 
for protection against disclosure of the specific chemical 
identity of the chemical substance as confidential from 
the confidential portion of the list published under 
paragraph (1) to the nonconfidential portion of that 
list. 
‘‘(C) REVIEW PLAN.—Not later than 1 year after the 
date on which the Administrator compiles the initial list 
of active substances pursuant to subparagraph (A), the 
Administrator shall promulgate a rule that establishes a 
plan to review all claims to protect the specific chemical 
identities of chemical substances on the confidential portion 
of the list published under paragraph (1) that are asserted 
pursuant to subparagraph (B). 
‘‘(D) REQUIREMENTS OF REVIEW PLAN.—In establishing 
the review plan under subparagraph (C), the Administrator 
shall— 
‘‘(i) require, at a time specified by the Adminis-
trator, all manufacturers or processors asserting claims 
under subparagraph (B) to substantiate the claim, in 
accordance with section 14, unless the manufacturer 
or processor has substantiated the claim in a submis-
sion made to the Administrator during the 5-year 
period ending on the last day of the of the time period 
specified by the Administrator; and 
‘‘(ii) in accordance with section 14— 
‘‘(I) review each substantiation—
H. R. 2576—26 
‘‘(aa) submitted pursuant to clause (i) to 
determine if the claim qualifies for protection 
from disclosure; and 
‘‘(bb) submitted previously by a manufac-
turer or processor and relied on in lieu of 
the substantiation required pursuant to clause 
(i), if the substantiation has not been pre-
viously reviewed by the Administrator, to 
determine if the claim warrants protection 
from disclosure; 
‘‘(II) approve, approve in part and deny in 
part, or deny each claim; and 
‘‘(III) except as provided in this section and 
section 14, protect from disclosure information for 
which the Administrator approves such a claim 
for a period of 10 years, unless, prior to the expira-
tion of the period— 
‘‘(aa) the person notifies the Administrator 
that the person is withdrawing the claim, in 
which case the Administrator shall not protect 
the information from disclosure; or 
‘‘(bb) the Administrator otherwise becomes 
aware that the information does not qualify 
for protection from disclosure, in which case 
the Administrator shall take the actions 
described in section 14(g)(2). 
‘‘(E) TIMELINE FOR COMPLETION OF REVIEWS.— 
‘‘(i) IN GENERAL.—The Administrator shall imple-
ment the review plan so as to complete reviews of 
all claims specified in subparagraph (C) not later than 
5 years after the date on which the Administrator 
compiles the initial list of active substances pursuant 
to subparagraph (A). 
‘‘(ii) CONSIDERATIONS.— 
‘‘(I) IN
GENERAL.—The Administrator may 
extend the deadline for completion of the reviews 
for not more than 2 additional years, after an 
adequate public justification, if the Administrator 
determines that the extension is necessary based 
on the number of claims needing review and the 
available resources. 
‘‘(II) ANNUAL REVIEW GOAL AND RESULTS.—At 
the beginning of each year, the Administrator shall 
publish an annual goal for reviews and the number 
of reviews completed in the prior year. 
‘‘(5) ACTIVE AND INACTIVE SUBSTANCES.— 
‘‘(A) IN GENERAL.—The Administrator shall keep des-
ignations of active substances and inactive substances on 
the list published under paragraph (1) current. 
‘‘(B) CHANGE TO ACTIVE STATUS.— 
‘‘(i) IN
GENERAL.—Any person that intends to 
manufacture or process for a nonexempt commercial 
purpose a chemical substance that is designated as 
an inactive substance shall notify the Administrator 
before the date on which the inactive substance is 
manufactured or processed.
H. R. 2576—27 
‘‘(ii) CONFIDENTIAL CHEMICAL IDENTITY.—If a per-
son submitting a notice under clause (i) for an inactive 
substance on the confidential portion of the list pub-
lished under paragraph (1) seeks to maintain an 
existing claim for protection against disclosure of the 
specific chemical identity of the inactive substance as 
confidential, the person shall, consistent with the 
requirements of section 14— 
‘‘(I) in the notice submitted under clause (i), 
assert the claim; and 
‘‘(II) by not later than 30 days after providing 
the notice under clause (i), substantiate the claim. 
‘‘(iii) ACTIVE STATUS.—On receiving a notification 
under clause (i), the Administrator shall— 
‘‘(I) designate the applicable chemical sub-
stance as an active substance; 
‘‘(II) pursuant to section 14, promptly review 
any claim and associated substantiation submitted 
pursuant to clause (ii) for protection against disclo-
sure of the specific chemical identity of the chem-
ical substance and approve, approve in part and 
deny in part, or deny the claim; 
‘‘(III) except as provided in this section and 
section 14, protect from disclosure the specific 
chemical identity of the chemical substance for 
which the Administrator approves a claim under 
subclause (II) for a period of 10 years, unless, 
prior to the expiration of the period— 
‘‘(aa) the person notifies the Administrator 
that the person is withdrawing the claim, in 
which case the Administrator shall not protect 
the information from disclosure; or 
‘‘(bb) the Administrator otherwise becomes 
aware that the information does not qualify 
for protection from disclosure, in which case 
the Administrator shall take the actions 
described in section 14(g)(2); and 
‘‘(IV) pursuant to section 6(b), review the pri-
ority of the chemical substance as the Adminis-
trator determines to be necessary. 
‘‘(C) CATEGORY STATUS.—The list of inactive substances 
shall not be considered to be a category for purposes of 
section 26(c). 
‘‘(6) INTERIM
LIST
OF
ACTIVE
SUBSTANCES.—Prior to the 
promulgation of the rule required under paragraph (4)(A), the 
Administrator shall designate the chemical substances reported 
under part 711 of title 40, Code of Federal Regulations (as 
in effect on the date of enactment of the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act), during the reporting 
period that most closely preceded the date of enactment of 
the Frank R. Lautenberg Chemical Safety for the 21st Century 
Act, as the interim list of active substances for the purposes 
of section 6(b). 
‘‘(7) PUBLIC INFORMATION.—Subject to this subsection and 
section 14, the Administrator shall make available to the 
public—
H. R. 2576—28 
‘‘(A) each specific chemical identity on the nonconfiden-
tial portion of the list published under paragraph (1) along 
with the Administrator’s designation of the chemical sub-
stance as an active or inactive substance; 
‘‘(B) the unique identifier assigned under section 14, 
accession number, generic name, and, if applicable, 
premanufacture notice case number for each chemical sub-
stance on the confidential portion of the list published 
under paragraph (1) for which a claim of confidentiality 
was received; and 
‘‘(C) the specific chemical identity of any active sub-
stance for which— 
‘‘(i) a claim for protection against disclosure of 
the specific chemical identity of the active substance 
was not asserted, as required under this subsection 
or section 14; 
‘‘(ii) all claims for protection against disclosure 
of the specific chemical identity of the active substance 
have been denied by the Administrator; or 
‘‘(iii) the time period for protection against disclo-
sure of the specific chemical identity of the active sub-
stance has expired. 
‘‘(8) LIMITATION.—No person may assert a new claim under 
this subsection or section 14 for protection from disclosure 
of a specific chemical identity of any active or inactive substance 
for which a notice is received under paragraph (4)(A)(i) or 
(5)(B)(i) that is not on the confidential portion of the list pub-
lished under paragraph (1). 
‘‘(9) CERTIFICATION.—Under the rules promulgated under 
this subsection, manufacturers and processors, as applicable, 
shall be required— 
‘‘(A) to certify that each notice or substantiation the 
manufacturer or processor submits complies with the 
requirements of the rule, and that any confidentiality 
claims are true and correct; and 
‘‘(B) to retain a record documenting compliance with 
the rule and supporting confidentiality claims for a period 
of 5 years beginning on the last day of the submission 
period.’’. 
(b) MERCURY INVENTORY.—Section 8(b) of the Toxic Substances 
Control Act (15 U.S.C. 2607(b)) (as amended by subsection (a)) 
is further amended by adding at the end the following: 
‘‘(10) MERCURY.— 
‘‘(A) DEFINITION OF MERCURY.—In this paragraph, not-
withstanding section 3(2)(B), the term ‘mercury’ means— 
‘‘(i) elemental mercury; and 
‘‘(ii) a mercury compound. 
‘‘(B) PUBLICATION.—Not later than April 1, 2017, and 
every 3 years thereafter, the Administrator shall carry 
out and publish in the Federal Register an inventory of 
mercury supply, use, and trade in the United States. 
‘‘(C) PROCESS.—In carrying out the inventory under 
subparagraph (B), the Administrator shall— 
‘‘(i) identify any manufacturing processes or prod-
ucts that intentionally add mercury; and
H. R. 2576—29 
‘‘(ii) recommend actions, including proposed revi-
sions of Federal law or regulations, to achieve further 
reductions in mercury use. 
‘‘(D) REPORTING.— 
‘‘(i) IN GENERAL.—To assist in the preparation of 
the inventory under subparagraph (B), any person who 
manufactures mercury or mercury-added products or 
otherwise intentionally uses mercury in a manufac-
turing process shall make periodic reports to the 
Administrator, at such time and including such 
information as the Administrator shall determine by 
rule promulgated not later than 2 years after the date 
of enactment of this paragraph. 
‘‘(ii) COORDINATION.—To avoid duplication, the 
Administrator shall coordinate the reporting under this 
subparagraph with the Interstate Mercury Education 
and Reduction Clearinghouse. 
‘‘(iii) EXEMPTION.—Clause (i) shall not apply to 
a person engaged in the generation, handling, or 
management of mercury-containing waste, unless that 
person manufactures or recovers mercury in the 
management of that waste.’’. 
SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS. 
Section 9 of the Toxic Substances Control Act (15 U.S.C. 2608) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘has reasonable basis to conclude’’ 
and inserting ‘‘determines’’; 
(ii) by striking ‘‘or will present’’; and 
(iii) by inserting ‘‘, without consideration of costs 
or other nonrisk factors, including an unreasonable 
risk to a potentially exposed or susceptible subpopula-
tion identified as relevant by the Administrator, under 
the conditions of use,’’ after ‘‘or the environment’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting ‘‘, within the 
time period specified by the Administrator in the 
report,’’ after ‘‘issues an order’’; and 
(ii) in subparagraph (B), by inserting ‘‘responds 
within the time period specified by the Administrator 
in the report and’’ before ‘‘initiates, within 90’’; 
(C) by redesignating paragraph (3) as paragraph (6); 
and 
(D) by inserting after paragraph (2) the following: 
‘‘(3) The Administrator shall take the actions described in para-
graph (4) if the Administrator makes a report under paragraph 
(1) with respect to a chemical substance or mixture and the agency 
to which the report was made does not— 
‘‘(A) issue the order described in paragraph (2)(A) within 
the time period specified by the Administrator in the report; 
or 
‘‘(B)(i) respond under paragraph (1) within the timeframe 
specified by the Administrator in the report; and 
‘‘(ii) initiate action within 90 days of publication in the 
Federal Register of the response described in clause (i).
H. R. 2576—30 
‘‘(4) If an agency to which a report is submitted under para-
graph (1) does not take the actions described in subparagraph 
(A) or (B) of paragraph (3), the Administrator shall— 
‘‘(A) initiate or complete appropriate action under section 
6; or 
‘‘(B) take any action authorized or required under section 
7, as applicable. 
‘‘(5) This subsection shall not relieve the Administrator of any 
obligation to take any appropriate action under section 6(a) or 
7 to address risks from the manufacture, processing, distribution 
in commerce, use, or disposal of a chemical substance or mixture, 
or any combination of those activities, that are not identified in 
a report issued by the Administrator under paragraph (1).’’; 
(2) in subsection (b)— 
(A) by striking ‘‘The Administrator shall coordinate’’ 
and inserting ‘‘(1) The Administrator shall coordinate’’; and 
(B) by adding at the end the following: 
‘‘(2) In making a determination under paragraph (1) that it 
is in the public interest for the Administrator to take an action 
under this title with respect to a chemical substance or mixture 
rather than under another law administered in whole or in part 
by the Administrator, the Administrator shall consider, based on 
information reasonably available to the Administrator, all relevant 
aspects of the risk described in paragraph (1) and a comparison 
of the estimated costs and efficiencies of the action to be taken 
under this title and an action to be taken under such other law 
to protect against such risk.’’; and 
(3) by adding at the end the following: 
‘‘(e) EXPOSURE INFORMATION.—In addition to the requirements 
of subsection (a), if the Administrator obtains information related 
to exposures or releases of a chemical substance or mixture that 
may be prevented or reduced under another Federal law, including 
a law not administered by the Administrator, the Administrator 
shall make such information available to the relevant Federal 
agency or office of the Environmental Protection Agency.’’. 
SEC. 10. EXPORTS. 
(a) IN GENERAL.—Section 12(a)(2) of the Toxic Substances Con-
trol Act (15 U.S.C. 2611(a)(2)) is amended by striking ‘‘will present’’ 
and inserting ‘‘presents’’. 
(b) PROHIBITION
ON
EXPORT
OF
CERTAIN
MERCURY
COM-
POUNDS.—Section 12(c) of the Toxic Substances Control Act (15 
U.S.C. 2611(c)) is amended— 
(1) in the subsection heading, by inserting ‘‘AND MERCURY 
COMPOUNDS’’ after ‘‘MERCURY’’; and 
(2) by adding at the end the following: 
‘‘(7) PROHIBITION ON EXPORT OF CERTAIN MERCURY COM-
POUNDS.— 
‘‘(A) IN
GENERAL.—Effective January 1, 2020, the 
export of the following mercury compounds is prohibited: 
‘‘(i) Mercury (I) chloride or calomel. 
‘‘(ii) Mercury (II) oxide. 
‘‘(iii) Mercury (II) sulfate. 
‘‘(iv) Mercury (II) nitrate. 
‘‘(v) Cinnabar or mercury sulphide. 
‘‘(vi) Any mercury compound that the Adminis-
trator adds to the list published under subparagraph
H. R. 2576—31 
(B) by rule, on determining that exporting that mercury 
compound for the purpose of regenerating elemental 
mercury is technically feasible. 
‘‘(B) PUBLICATION.—Not later than 90 days after the 
date of enactment of the Frank R. Lautenberg Chemical 
Safety for the 21st Century Act, and as appropriate there-
after, the Administrator shall publish in the Federal Reg-
ister a list of the mercury compounds that are prohibited 
from export under this paragraph. 
‘‘(C) PETITION.—Any person may petition the Adminis-
trator to add a mercury compound to the list published 
under subparagraph (B). 
‘‘(D) ENVIRONMENTALLY SOUND DISPOSAL.—This para-
graph does not prohibit the export of mercury compounds 
on the list published under subparagraph (B) to member 
countries of the Organization for Economic Co-operation 
and Development for environmentally sound disposal, on 
the condition that no mercury or mercury compounds so 
exported are to be recovered, recycled, or reclaimed for 
use, or directly reused, after such export. 
‘‘(E) REPORT.—Not later than 5 years after the date 
of enactment of the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act, the Administrator shall evaluate 
any exports of mercury compounds on the list published 
under subparagraph (B) for disposal that occurred after 
such date of enactment and shall submit to Congress a 
report that— 
‘‘(i) describes volumes and sources of mercury com-
pounds on the list published under subparagraph (B) 
exported for disposal; 
‘‘(ii) identifies receiving countries of such exports; 
‘‘(iii) describes methods of disposal used after such 
export; 
‘‘(iv) identifies issues, if any, presented by the 
export of mercury compounds on the list published 
under subparagraph (B); 
‘‘(v) includes an evaluation of management options 
in the United States for mercury compounds on the 
list published under subparagraph (B), if any, that 
are commercially available and comparable in cost and 
efficacy to methods being utilized in such receiving 
countries; and 
‘‘(vi) makes a recommendation regarding whether 
Congress should further limit or prohibit the export 
of mercury compounds on the list published under 
subparagraph (B) for disposal. 
‘‘(F) EFFECT ON OTHER LAW.—Nothing in this para-
graph shall be construed to affect the authority of the 
Administrator under the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.).’’. 
(c) TEMPORARY GENERATOR ACCUMULATION.—Section 5 of the 
Mercury Export Ban Act of 2008 (42 U.S.C. 6939f) is amended— 
(1) in subsection (a)(2), by striking ‘‘2013’’ and inserting 
‘‘2019’’; 
(2) in subsection (b)— 
(A) in paragraph (1)—
H. R. 2576—32 
(i) by redesignating subparagraphs (A), (B), and 
(C), as clauses (i), (ii), and (iii), respectively and 
indenting appropriately; 
(ii) in the first sentence, by striking ‘‘After con-
sultation’’ and inserting the following: 
‘‘(A) ASSESSMENT
AND
COLLECTION.—After consulta-
tion’’; 
(iii) in the second sentence, by striking ‘‘The 
amount of such fees’’ and inserting the following: 
‘‘(B) AMOUNT.—The amount of the fees described in 
subparagraph (A)’’; 
(iv) in subparagraph (B) (as so designated)— 
(I) in clause (i) (as so redesignated), by striking 
‘‘publically available not later than October 1, 
2012’’ and inserting ‘‘publicly available not later 
than October 1, 2018’’; 
(II) in clause (ii) (as so redesignated), by 
striking ‘‘and’’; 
(III) in clause (iii) (as so redesignated), by 
striking the period at the end and inserting ‘‘, 
subject to clause (iv); and’’; and 
(IV) by adding at the end the following: 
‘‘(iv) for generators temporarily accumulating ele-
mental mercury in a facility subject to subparagraphs 
(B) and (D)(iv) of subsection (g)(2) if the facility des-
ignated in subsection (a) is not operational by January 
1, 2019, shall be adjusted to subtract the cost of the 
temporary accumulation during the period in which 
the facility designated under subsection (a) is not oper-
ational.’’; and 
(v) by adding at the end the following: 
‘‘(C) CONVEYANCE OF TITLE AND PERMITTING.—If the 
facility designated in subsection (a) is not operational by 
January 1, 2020, the Secretary— 
‘‘(i) shall immediately accept the conveyance of 
title to all elemental mercury that has accumulated 
in facilities in accordance with subsection (g)(2)(D), 
before January 1, 2020, and deliver the accumulated 
mercury to the facility designated under subsection 
(a) on the date on which the facility becomes oper-
ational; 
‘‘(ii) shall pay any applicable Federal permitting 
costs, including the costs for permits issued under sec-
tion 3005(c) of the Solid Waste Disposal Act (42 U.S.C. 
6925(c)); and 
‘‘(iii) shall store, or pay the cost of storage of, 
until the time at which a facility designated in sub-
section (a) is operational, accumulated mercury to 
which the Secretary has title under this subparagraph 
in a facility that has been issued a permit under section 
3005(c) of the Solid Waste Disposal Act (42 U.S.C. 
6925(c)).’’; and 
(B) in paragraph (2), in the first sentence, by striking 
‘‘paragraph (1)(C)’’ and inserting ‘‘paragraph (1)(B)(iii)’’; and 
(3) in subsection (g)(2)— 
(A) in the undesignated material at the end, by striking 
‘‘This subparagraph’’ and inserting the following:
H. R. 2576—33 
‘‘(C) Subparagraph (B)’’; 
(B) in subparagraph (C) (as designated by subpara-
graph (A)), by inserting ‘‘of that subparagraph’’ before the 
period at the end; and 
(C) by adding at the end the following: 
‘‘(D) A generator producing elemental mercury inciden-
tally from the beneficiation or processing of ore or related 
pollution control activities may accumulate the mercury 
produced onsite that is destined for a facility designated 
by the Secretary under subsection (a) for more than 90 
days without a permit issued under section 3005(c) of the 
Solid Waste Disposal Act (42 U.S.C. 6925(c)), and shall 
not be subject to the storage prohibition of section 3004(j) 
of that Act (42 U.S.C. 6924(j)), if— 
‘‘(i) the Secretary is unable to accept the mercury 
at a facility designated by the Secretary under sub-
section (a) for reasons beyond the control of the gener-
ator; 
‘‘(ii) the generator certifies in writing to the Sec-
retary that the generator will ship the mercury to 
a designated facility when the Secretary is able to 
accept the mercury; 
‘‘(iii) the generator certifies in writing to the Sec-
retary that the generator is storing only mercury the 
generator has produced or recovered onsite and will 
not sell, or otherwise place into commerce, the mercury; 
and 
‘‘(iv) the generator has obtained an identification 
number under section 262.12 of title 40, Code of Fed-
eral Regulations, and complies with the requirements 
described in paragraphs (1) through (4) of section 
262.34(a) of title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this subpara-
graph). 
‘‘(E) MANAGEMENT STANDARDS FOR TEMPORARY STOR-
AGE.—Not later than January 1, 2017, the Secretary, after 
consultation with the Administrator of the Environmental 
Protection Agency and State agencies in affected States, 
shall develop and make available guidance that establishes 
procedures and standards for the management and short- 
term storage of elemental mercury at a generator covered 
under subparagraph (D), including requirements to ensure 
appropriate use of flasks or other suitable containers. Such 
procedures and standards shall be protective of health and 
the environment and shall ensure that the elemental mer-
cury is stored in a safe, secure, and effective manner. 
A generator may accumulate mercury in accordance with 
subparagraph (D) immediately upon enactment of this 
subparagraph, and notwithstanding that guidance called 
for by this paragraph has not been developed or made 
available.’’. 
(d) INTERIM STATUS.—Section 5(d)(1) of the Mercury Export 
Ban Act of 2008 (42 U.S.C. 6939f(d)(1)) is amended— 
(1) in the fourth sentence, by striking ‘‘in existence on 
or before January 1, 2013,’’; and 
(2) in the last sentence, by striking ‘‘January 1, 2015’’ 
and inserting ‘‘January 1, 2020’’.
H. R. 2576—34 
SEC. 11. CONFIDENTIAL INFORMATION. 
Section 14 of the Toxic Substances Control Act (15 U.S.C. 
2613) is amended to read as follows: 
‘‘SEC. 14. CONFIDENTIAL INFORMATION. 
‘‘(a) IN GENERAL.—Except as provided in this section, the 
Administrator shall not disclose information that is exempt from 
disclosure pursuant to subsection (a) of section 552 of title 5, United 
States Code, by reason of subsection (b)(4) of that section— 
‘‘(1) that is reported to, or otherwise obtained by, the 
Administrator under this Act; and 
‘‘(2) for which the requirements of subsection (c) are met. 
In any proceeding under section 552(a) of title 5, United States 
Code, to obtain information the disclosure of which has been denied 
because of the provisions of this subsection, the Administrator 
may not rely on section 552(b)(3) of such title to sustain the 
Administrator’s action. 
‘‘(b) INFORMATION NOT PROTECTED FROM DISCLOSURE.— 
‘‘(1) MIXED CONFIDENTIAL AND NONCONFIDENTIAL INFORMA-
TION.—Information that is protected from disclosure under this 
section, and which is mixed with information that is not pro-
tected from disclosure under this section, does not lose its 
protection from disclosure notwithstanding that it is mixed 
with information that is not protected from disclosure. 
‘‘(2) INFORMATION FROM HEALTH AND SAFETY STUDIES.— 
Subsection (a) does not prohibit the disclosure of— 
‘‘(A) any health and safety study which is submitted 
under this Act with respect to— 
‘‘(i) any chemical substance or mixture which, on 
the date on which such study is to be disclosed has 
been offered for commercial distribution; or 
‘‘(ii) any chemical substance or mixture for which 
testing is required under section 4 or for which notifica-
tion is required under section 5; and 
‘‘(B) any information reported to, or otherwise obtained 
by, the Administrator from a health and safety study which 
relates to a chemical substance or mixture described in 
clause (i) or (ii) of subparagraph (A). 
This paragraph does not authorize the disclosure of any 
information, including formulas (including molecular struc-
tures) of a chemical substance or mixture, that discloses proc-
esses used in the manufacturing or processing of a chemical 
substance or mixture or, in the case of a mixture, the portion 
of the mixture comprised by any of the chemical substances 
in the mixture. 
‘‘(3) OTHER
INFORMATION
NOT
PROTECTED
FROM
DISCLO-
SURE.—Subsection (a) does not prohibit the disclosure of— 
‘‘(A) any general information describing the manufac-
turing volumes, expressed as specific aggregated volumes 
or, if the Administrator determines that disclosure of spe-
cific aggregated volumes would reveal confidential informa-
tion, expressed in ranges; or 
‘‘(B) a general description of a process used in the 
manufacture or processing and industrial, commercial, or 
consumer functions and uses of a chemical substance, mix-
ture, or article containing a chemical substance or mixture, 
including information specific to an industry or industry
H. R. 2576—35 
sector that customarily would be shared with the general 
public or within an industry or industry sector. 
‘‘(4) BANS AND PHASE-OUTS.— 
‘‘(A) IN GENERAL.—If the Administrator promulgates 
a rule pursuant to section 6(a) that establishes a ban 
or phase-out of a chemical substance or mixture, the protec-
tion from disclosure of any information under this section 
with respect to the chemical substance or mixture shall 
be presumed to no longer apply, subject to subsection 
(g)(1)(E) and subparagraphs (B) and (C) of this paragraph. 
‘‘(B) LIMITATIONS.— 
‘‘(i) CRITICAL USE.—In the case of a chemical sub-
stance or mixture for which a specific condition of 
use is subject to an exemption pursuant to section 
6(g), if the Administrator establishes a ban or phase- 
out described in subparagraph (A) with respect to the 
chemical substance or mixture, the presumption 
against protection under such subparagraph shall only 
apply to information that relates solely to any condi-
tions of use of the chemical substance or mixture to 
which the exemption does not apply. 
‘‘(ii) EXPORT.—In the case of a chemical substance 
or mixture for which there is manufacture, processing, 
or distribution in commerce that meets the conditions 
of section 12(a)(1), if the Administrator establishes a 
ban or phase-out described in subparagraph (A) with 
respect to the chemical substance or mixture, the 
presumption against protection under such subpara-
graph shall only apply to information that relates solely 
to any other manufacture, processing, or distribution 
in commerce of the chemical substance or mixture for 
the conditions of use subject to the ban or phase- 
out, unless the Administrator makes the determination 
in section 12(a)(2). 
‘‘(iii) SPECIFIC CONDITIONS OF USE.—In the case 
of a chemical substance or mixture for which the 
Administrator establishes a ban or phase-out described 
in subparagraph (A) with respect to a specific condition 
of use of the chemical substance or mixture, the 
presumption against protection under such subpara-
graph shall only apply to information that relates solely 
to the condition of use of the chemical substance or 
mixture for which the ban or phase-out is established. 
‘‘(C) REQUEST FOR NONDISCLOSURE.— 
‘‘(i) IN GENERAL.—A manufacturer or processor of 
a chemical substance or mixture subject to a ban or 
phase-out described in this paragraph may submit to 
the Administrator, within 30 days of receiving a 
notification under subsection (g)(2)(A), a request, 
including documentation supporting such request, that 
some or all of the information to which the notice 
applies should not be disclosed or that its disclosure 
should be delayed, and the Administrator shall review 
the request under subsection (g)(1)(E). 
‘‘(ii) EFFECT
OF
NO
REQUEST
OR
DENIAL.—If no 
request for nondisclosure or delay is submitted to the 
Administrator 
under 
this 
subparagraph, 
or 
the
H. R. 2576—36 
Administrator denies such a request under subsection 
(g)(1)(A), the information shall not be protected from 
disclosure under this section. 
‘‘(5) CERTAIN
REQUESTS.—If a request is made to the 
Administrator under section 552(a) of title 5, United States 
Code, for information reported to or otherwise obtained by 
the Administrator under this Act that is not protected from 
disclosure under this subsection, the Administrator may not 
deny the request on the basis of section 552(b)(4) of title 5, 
United States Code. 
‘‘(c) REQUIREMENTS FOR CONFIDENTIALITY CLAIMS.— 
‘‘(1) ASSERTION OF CLAIMS.— 
‘‘(A) IN GENERAL.—A person seeking to protect from 
disclosure any information that person submits under this 
Act (including information described in paragraph (2)) shall 
assert to the Administrator a claim for protection from 
disclosure concurrent with submission of the information, 
in accordance with such rules regarding a claim for protec-
tion from disclosure as the Administrator has promulgated 
or may promulgate pursuant to this title. 
‘‘(B) INCLUSION.—An assertion of a claim under 
subparagraph (A) shall include a statement that the person 
has— 
‘‘(i) taken reasonable measures to protect the con-
fidentiality of the information; 
‘‘(ii) determined that the information is not 
required to be disclosed or otherwise made available 
to the public under any other Federal law; 
‘‘(iii) a reasonable basis to conclude that disclosure 
of the information is likely to cause substantial harm 
to the competitive position of the person; and 
‘‘(iv) a reasonable basis to believe that the informa-
tion is not readily discoverable through reverse 
engineering. 
‘‘(C) 
ADDITIONAL
REQUIREMENTS
FOR
CLAIMS 
REGARDING CHEMICAL IDENTITY INFORMATION.—In the case 
of a claim under subparagraph (A) for protection from 
disclosure of a specific chemical identity, the claim shall 
include a structurally descriptive generic name for the 
chemical substance that the Administrator may disclose 
to the public, subject to the condition that such generic 
name shall— 
‘‘(i) be consistent with guidance developed by the 
Administrator under paragraph (4)(A); and 
‘‘(ii) describe the chemical structure of the chemical 
substance as specifically as practicable while protecting 
those features of the chemical structure— 
‘‘(I) that are claimed as confidential; and 
‘‘(II) the disclosure of which would be likely 
to cause substantial harm to the competitive posi-
tion of the person. 
‘‘(2) INFORMATION GENERALLY NOT SUBJECT TO SUBSTAN-
TIATION REQUIREMENTS.—Subject to subsection (f), the following 
information shall not be subject to substantiation requirements 
under paragraph (3):
H. R. 2576—37 
‘‘(A) Specific information describing the processes used 
in manufacture or processing of a chemical substance, mix-
ture, or article. 
‘‘(B) Marketing and sales information. 
‘‘(C) Information identifying a supplier or customer. 
‘‘(D) In the case of a mixture, details of the full composi-
tion of the mixture and the respective percentages of 
constituents. 
‘‘(E) Specific information regarding the use, function, 
or application of a chemical substance or mixture in a 
process, mixture, or article. 
‘‘(F) Specific production or import volumes of the manu-
facturer or processor. 
‘‘(G) Prior to the date on which a chemical substance 
is first offered for commercial distribution, the specific 
chemical identity of the chemical substance, including the 
chemical name, molecular formula, Chemical Abstracts 
Service number, and other information that would identify 
the specific chemical substance, if the specific chemical 
identity was claimed as confidential at the time it was 
submitted in a notice under section 5. 
‘‘(3) SUBSTANTIATION REQUIREMENTS.—Except as provided 
in paragraph (2), a person asserting a claim to protect informa-
tion from disclosure under this section shall substantiate the 
claim, in accordance with such rules as the Administrator has 
promulgated or may promulgate pursuant to this section. 
‘‘(4) GUIDANCE.—The Administrator shall develop guidance 
regarding— 
‘‘(A) the determination of structurally descriptive 
generic names, in the case of claims for the protection 
from disclosure of specific chemical identity; and 
‘‘(B) the content and form of the statements of need 
and agreements required under paragraphs (4), (5), and 
(6) of subsection (d). 
‘‘(5) CERTIFICATION.—An authorized official of a person 
described in paragraph (1)(A) shall certify that the statement 
required to assert a claim submitted pursuant to paragraph 
(1)(B), and any information required to substantiate a claim 
submitted pursuant to paragraph (3), are true and correct. 
‘‘(d) EXCEPTIONS TO PROTECTION FROM DISCLOSURE.—Informa-
tion described in subsection (a)— 
‘‘(1) shall be disclosed to an officer or employee of the 
United States— 
‘‘(A) in connection with the official duties of that person 
under any Federal law for the protection of health or the 
environment; or 
‘‘(B) for a specific Federal law enforcement purpose; 
‘‘(2) shall be disclosed to a contractor of the United States 
and employees of that contractor— 
‘‘(A) if, in the opinion of the Administrator, the disclo-
sure is necessary for the satisfactory performance by the 
contractor of a contract with the United States for the 
performance of work in connection with this Act; and 
‘‘(B) subject to such conditions as the Administrator 
may specify; 
‘‘(3) shall be disclosed if the Administrator determines that 
disclosure is necessary to protect health or the environment
H. R. 2576—38 
against an unreasonable risk of injury to health or the environ-
ment, without consideration of costs or other nonrisk factors, 
including an unreasonable risk to a potentially exposed or 
susceptible subpopulation identified as relevant by the Adminis-
trator under the conditions of use; 
‘‘(4) shall be disclosed to a State, political subdivision of 
a State, or tribal government, on written request, for the pur-
pose of administration or enforcement of a law, if such entity 
has 1 or more applicable agreements with the Administrator 
that are consistent with the guidance developed under sub-
section (c)(4)(B) and ensure that the entity will take appropriate 
measures, and has adequate authority, to maintain the con-
fidentiality of the information in accordance with procedures 
comparable to the procedures used by the Administrator to 
safeguard the information; 
‘‘(5) shall be disclosed to a health or environmental profes-
sional employed by a Federal or State agency or tribal govern-
ment or a treating physician or nurse in a nonemergency situa-
tion if such person provides a written statement of need and 
agrees to sign a written confidentiality agreement with the 
Administrator, subject to the conditions that— 
‘‘(A) the statement of need and confidentiality agree-
ment are consistent with the guidance developed under 
subsection (c)(4)(B); 
‘‘(B) the statement of need shall be a statement that 
the person has a reasonable basis to suspect that— 
‘‘(i) the information is necessary for, or will assist 
in— 
‘‘(I) the diagnosis or treatment of 1 or more 
individuals; or 
‘‘(II) responding to an environmental release 
or exposure; and 
‘‘(ii) 1 or more individuals being diagnosed or 
treated have been exposed to the chemical substance 
or mixture concerned, or an environmental release of 
or exposure to the chemical substance or mixture con-
cerned has occurred; and 
‘‘(C) the person will not use the information for any 
purpose other than the health or environmental needs 
asserted in the statement of need, except as otherwise 
may be authorized by the terms of the agreement or by 
the person who has a claim under this section with respect 
to the information; 
‘‘(6) shall be disclosed in the event of an emergency to 
a treating or responding physician, nurse, agent of a poison 
control center, public health or environmental official of a State, 
political subdivision of a State, or tribal government, or first 
responder (including any individual duly authorized by a Fed-
eral agency, State, political subdivision of a State, or tribal 
government who is trained in urgent medical care or other 
emergency procedures, including a police officer, firefighter, 
or emergency medical technician) if such person requests the 
information, subject to the conditions that such person shall— 
‘‘(A) have a reasonable basis to suspect that— 
‘‘(i) a medical, public health, or environmental 
emergency exists;
H. R. 2576—39 
‘‘(ii) the information is necessary for, or will assist 
in, emergency or first-aid diagnosis or treatment; or 
‘‘(iii) 1 or more individuals being diagnosed or 
treated have likely been exposed to the chemical sub-
stance or mixture concerned, or a serious environ-
mental release of or exposure to the chemical substance 
or mixture concerned has occurred; and 
‘‘(B) if requested by a person who has a claim with 
respect to the information under this section— 
‘‘(i) provide a written statement of need and agree 
to sign a confidentiality agreement, as described in 
paragraph (5); and 
‘‘(ii) submit to the Administrator such statement 
of need and confidentiality agreement as soon as prac-
ticable, but not necessarily before the information is 
disclosed; 
‘‘(7) may be disclosed if the Administrator determines that 
disclosure is relevant in a proceeding under this Act, subject 
to the condition that the disclosure is made in such a manner 
as to preserve confidentiality to the extent practicable without 
impairing the proceeding; 
‘‘(8) shall be disclosed if the information is required to 
be made public under any other provision of Federal law; and 
‘‘(9) shall be disclosed as required pursuant to discovery, 
subpoena, other court order, or any other judicial process other-
wise allowed under applicable Federal or State law. 
‘‘(e) DURATION OF PROTECTION FROM DISCLOSURE.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2), subsection 
(f)(3), and section 8(b), the Administrator shall protect from 
disclosure information described in subsection (a)— 
‘‘(A) in the case of information described in subsection 
(c)(2), until such time as— 
‘‘(i) the person that asserted the claim notifies 
the Administrator that the person is withdrawing the 
claim, in which case the information shall not be pro-
tected from disclosure under this section; or 
‘‘(ii) the Administrator becomes aware that the 
information does not qualify for protection from disclo-
sure under this section, in which case the Adminis-
trator shall take any actions required under sub-
sections (f) and (g); and 
‘‘(B) in the case of information other than information 
described in subsection (c)(2)— 
‘‘(i) for a period of 10 years from the date on 
which the person asserts the claim with respect to 
the information submitted to the Administrator; or 
‘‘(ii) if applicable before the expiration of such 10- 
year period, until such time as— 
‘‘(I) the person that asserted the claim notifies 
the Administrator that the person is withdrawing 
the claim, in which case the information shall not 
be protected from disclosure under this section; 
or 
‘‘(II) the Administrator becomes aware that 
the information does not qualify for protection from 
disclosure under this section, in which case the
H. R. 2576—40 
Administrator shall take any actions required 
under subsections (f) and (g). 
‘‘(2) EXTENSIONS.— 
‘‘(A) IN GENERAL.—In the case of information other 
than information described in subsection (c)(2), not later 
than the date that is 60 days before the expiration of 
the period described in paragraph (1)(B)(i), the Adminis-
trator shall provide to the person that asserted the claim 
a notice of the impending expiration of the period. 
‘‘(B) REQUEST.— 
‘‘(i) IN
GENERAL.—Not later than the date that 
is 30 days before the expiration of the period described 
in paragraph (1)(B)(i), a person reasserting the relevant 
claim shall submit to the Administrator a request for 
extension substantiating, in accordance with subsection 
(c)(3), the need to extend the period. 
‘‘(ii) ACTION BY ADMINISTRATOR.—Not later than 
the date of expiration of the period described in para-
graph (1)(B)(i), the Administrator shall, in accordance 
with subsection (g)(1)— 
‘‘(I) review the request submitted under clause 
(i); 
‘‘(II) make a determination regarding whether 
the claim for which the request was submitted 
continues to meet the relevant requirements of 
this section; and 
‘‘(III)(aa) grant an extension of 10 years; or 
‘‘(bb) deny the request. 
‘‘(C) NO LIMIT ON NUMBER OF EXTENSIONS.—There shall 
be no limit on the number of extensions granted under 
this paragraph, if the Administrator determines that the 
relevant request under subparagraph (B)(i)— 
‘‘(i) establishes the need to extend the period; and 
‘‘(ii) meets the requirements established by the 
Administrator. 
‘‘(f) REVIEW AND RESUBSTANTIATION.— 
‘‘(1) DISCRETION
OF
ADMINISTRATOR.—The Administrator 
may require any person that has claimed protection for informa-
tion from disclosure under this section, whether before, on, 
or after the date of enactment of the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act, to reassert and 
substantiate or resubstantiate the claim in accordance with 
this section— 
‘‘(A) after the chemical substance is designated as a 
high-priority substance under section 6(b); 
‘‘(B) for any chemical substance designated as an active 
substance under section 8(b)(5)(B)(iii); or 
‘‘(C) if the Administrator determines that disclosure 
of certain information currently protected from disclosure 
would be important to assist the Administrator in con-
ducting risk evaluations or promulgating rules under sec-
tion 6. 
‘‘(2) REVIEW REQUIRED.—The Administrator shall review 
a claim for protection of information from disclosure under 
this section and require any person that has claimed protection 
for that information, whether before, on, or after the date 
of enactment of the Frank R. Lautenberg Chemical Safety
H. R. 2576—41 
for the 21st Century Act, to reassert and substantiate or re-
substantiate the claim in accordance with this section— 
‘‘(A) as necessary to determine whether the information 
qualifies for an exemption from disclosure in connection 
with a request for information received by the Adminis-
trator under section 552 of title 5, United States Code; 
‘‘(B) if the Administrator has a reasonable basis to 
believe that the information does not qualify for protection 
from disclosure under this section; or 
‘‘(C) for any chemical substance the Administrator 
determines under section 6(b)(4)(A) presents an unreason-
able risk of injury to health or the environment. 
‘‘(3) PERIOD OF PROTECTION.—If the Administrator requires 
a person to reassert and substantiate or resubstantiate a claim 
under this subsection, and determines that the claim continues 
to meet the relevant requirements of this section, the Adminis-
trator shall protect the information subject to the claim from 
disclosure for a period of 10 years from the date of such deter-
mination, subject to any subsequent requirement by the 
Administrator under this subsection. 
‘‘(g) DUTIES OF ADMINISTRATOR.— 
‘‘(1) DETERMINATION.— 
‘‘(A) 
IN
GENERAL.—Except 
for 
claims 
regarding 
information described in subsection (c)(2), the Adminis-
trator shall, subject to subparagraph (C), not later than 
90 days after the receipt of a claim under subsection (c), 
and not later than 30 days after the receipt of a request 
for extension of a claim under subsection (e) or a request 
under subsection (b)(4)(C), review and approve, approve 
in part and deny in part, or deny the claim or request. 
‘‘(B) REASONS FOR DENIAL.—If the Administrator denies 
or denies in part a claim or request under subparagraph 
(A) the Administrator shall provide to the person that 
asserted the claim or submitted the request a written state-
ment of the reasons for the denial or denial in part of 
the claim or request. 
‘‘(C) SUBSETS.—The Administrator shall— 
‘‘(i) except with respect to information described 
in subsection (c)(2)(G), review all claims or requests 
under this section for the protection from disclosure 
of the specific chemical identity of a chemical sub-
stance; and 
‘‘(ii) review a representative subset, comprising at 
least 25 percent, of all other claims or requests for 
protection from disclosure under this section. 
‘‘(D) EFFECT OF FAILURE TO ACT.—The failure of the 
Administrator to make a decision regarding a claim or 
request for protection from disclosure or extension under 
this section shall not have the effect of denying or elimi-
nating a claim or request for protection from disclosure. 
‘‘(E) DETERMINATION OF REQUESTS UNDER SUBSECTION 
(b)(4)(C).—With respect to a request submitted under sub-
section (b)(4)(C), the Administrator shall, with the objective 
of ensuring that information relevant to the protection 
of health and the environment is disclosed to the extent 
practicable, determine whether the documentation provided 
by the person rebuts what shall be the presumption of
H. R. 2576—42 
the Administrator that the public interest in the disclosure 
of the information outweighs the public or proprietary 
interest in maintaining the protection for all or a portion 
of the information that the person has requested not be 
disclosed or for which disclosure be delayed. 
‘‘(2) NOTIFICATION.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B) and subsections (b), (d), and (e), if the Administrator 
denies or denies in part a claim or request under paragraph 
(1), concludes, in accordance with this section, that the 
information does not qualify for protection from disclosure, 
intends to disclose information pursuant to subsection (d), 
or promulgates a rule under section 6(a) establishing a 
ban or phase-out with respect to a chemical substance 
or mixture, the Administrator shall notify, in writing, the 
person that asserted the claim or submitted the request 
of the intent of the Administrator to disclose the informa-
tion or not protect the information from disclosure under 
this section. The notice shall be furnished by certified mail 
(return receipt requested), by personal delivery, or by other 
means that allows verification of the fact and date of 
receipt. 
‘‘(B) DISCLOSURE OF INFORMATION.—Except as provided 
in subparagraph (C), the Administrator shall not disclose 
information under this subsection until the date that is 
30 days after the date on which the person that asserted 
the claim or submitted the request receives notification 
under subparagraph (A). 
‘‘(C) EXCEPTIONS.— 
‘‘(i) FIFTEEN DAY NOTIFICATION.—For information 
the Administrator intends to disclose under subsections 
(d)(3), (d)(4), (d)(5), and (j), the Administrator shall 
not disclose the information until the date that is 15 
days after the date on which the person that asserted 
the claim or submitted the request receives notification 
under subparagraph (A), except that, with respect to 
information to be disclosed under subsection (d)(3), 
if the Administrator determines that disclosure of the 
information is necessary to protect against an 
imminent and substantial harm to health or the 
environment, no prior notification shall be necessary. 
‘‘(ii) NOTIFICATION AS SOON AS PRACTICABLE.—For 
information the Administrator intends to disclose 
under paragraph (6) of subsection (d), the Adminis-
trator shall notify the person that submitted the 
information that the information has been disclosed 
as soon as practicable after disclosure of the informa-
tion. 
‘‘(iii) NO
NOTIFICATION
REQUIRED.—Notification 
shall not be required— 
‘‘(I) for the disclosure of information under 
paragraphs (1), (2), (7), or (8) of subsection (d); 
or 
‘‘(II) for the disclosure of information for 
which—
H. R. 2576—43 
‘‘(aa) the Administrator has provided to 
the person that asserted the claim a notice 
under subsection (e)(2)(A); and 
‘‘(bb) such person does not submit to the 
Administrator a request under subsection 
(e)(2)(B) on or before the deadline established 
in subsection (e)(2)(B)(i). 
‘‘(D) APPEALS.— 
‘‘(i) ACTION TO RESTRAIN DISCLOSURE.—If a person 
receives a notification under this paragraph and 
believes the information is protected from disclosure 
under this section, before the date on which the 
information is to be disclosed pursuant to subpara-
graph (B) or (C) the person may bring an action to 
restrain disclosure of the information in— 
‘‘(I) the United States district court of the dis-
trict in which the complainant resides or has the 
principal place of business; or 
‘‘(II) the United States District Court for the 
District of Columbia. 
‘‘(ii) NO DISCLOSURE.— 
‘‘(I) IN
GENERAL.—Subject to subsection (d), 
the Administrator shall not disclose information 
that is the subject of an appeal under this para-
graph before the date on which the applicable court 
rules on an action under clause (i). 
‘‘(II) EXCEPTION.—Subclause (I) shall not apply 
to disclosure of information described under sub-
sections (d)(4) and (j). 
‘‘(3) REQUEST
AND
NOTIFICATION
SYSTEM.—The Adminis-
trator, in consultation with the Director of the Centers for 
Disease Control and Prevention, shall develop a request and 
notification system that, in a format and language that is 
readily accessible and understandable, allows for expedient and 
swift access to information disclosed pursuant to paragraphs 
(5) and (6) of subsection (d). 
‘‘(4) UNIQUE IDENTIFIER.—The Administrator shall— 
‘‘(A)(i) develop a system to assign a unique identifier 
to each specific chemical identity for which the Adminis-
trator approves a request for protection from disclosure, 
which shall not be either the specific chemical identity 
or a structurally descriptive generic term; and 
‘‘(ii) apply that identifier consistently to all information 
relevant to the applicable chemical substance; 
‘‘(B) annually publish and update a list of chemical 
substances, referred to by their unique identifiers, for which 
claims to protect the specific chemical identity from disclo-
sure have been approved, including the expiration date 
for each such claim; 
‘‘(C) ensure that any nonconfidential information 
received by the Administrator with respect to a chemical 
substance included on the list published under subpara-
graph (B) while the specific chemical identity of the chem-
ical substance is protected from disclosure under this sec-
tion identifies the chemical substance using the unique 
identifier; and
H. R. 2576—44 
‘‘(D) for each claim for protection of a specific chemical 
identity that has been denied by the Administrator or 
expired, or that has been withdrawn by the person who 
asserted the claim, and for which the Administrator has 
used a unique identifier assigned under this paragraph 
to protect the specific chemical identity in information that 
the Administrator has made public, clearly link the specific 
chemical identity to the unique identifier in such informa-
tion to the extent practicable. 
‘‘(h) CRIMINAL PENALTY FOR WRONGFUL DISCLOSURE.— 
‘‘(1) INDIVIDUALS SUBJECT TO PENALTY.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (C) and 
paragraph (2), an individual described in subparagraph 
(B) shall be fined under title 18, United States Code, or 
imprisoned for not more than 1 year, or both. 
‘‘(B) DESCRIPTION.—An individual referred to in 
subparagraph (A) is an individual who— 
‘‘(i) pursuant to this section, obtained possession 
of, or has access to, information protected from disclo-
sure under this section; and 
‘‘(ii) knowing that the information is protected from 
disclosure under this section, willfully discloses the 
information in any manner to any person not entitled 
to receive that information. 
‘‘(C) EXCEPTION.—This paragraph shall not apply to 
any medical professional (including an emergency medical 
technician or other first responder) who discloses any 
information obtained under paragraph (5) or (6) of sub-
section (d) to a patient treated by the medical professional, 
or to a person authorized to make medical or health care 
decisions on behalf of such a patient, as needed for the 
diagnosis or treatment of the patient. 
‘‘(2) OTHER LAWS.—Section 1905 of title 18, United States 
Code, shall not apply with respect to the publishing, divulging, 
disclosure, or making known of, or making available, informa-
tion reported to or otherwise obtained by the Administrator 
under this Act. 
‘‘(i) APPLICABILITY.— 
‘‘(1) IN GENERAL.—Except as otherwise provided in this 
section, section 8, or any other applicable Federal law, the 
Administrator shall have no authority— 
‘‘(A) to require the substantiation or resubstantiation 
of a claim for the protection from disclosure of information 
reported to or otherwise obtained by the Administrator 
under this Act prior to the date of enactment of the Frank 
R. Lautenberg Chemical Safety for the 21st Century Act; 
or 
‘‘(B) to impose substantiation or resubstantiation 
requirements, with respect to the protection of information 
described in subsection (a), under this Act that are more 
extensive than those required under this section. 
‘‘(2) ACTIONS PRIOR TO PROMULGATION OF RULES.—Nothing 
in this Act prevents the Administrator from reviewing, 
requiring substantiation or resubstantiation of, or approving, 
approving in part, or denying any claim for the protection 
from disclosure of information before the effective date of such 
rules applicable to those claims as the Administrator may
H. R. 2576—45 
promulgate after the date of enactment of the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act. 
‘‘(j) ACCESS BY CONGRESS.—Notwithstanding any limitation con-
tained in this section or any other provision of law, all information 
reported to or otherwise obtained by the Administrator (or any 
representative of the Administrator) under this Act shall be made 
available, upon written request of any duly authorized committee 
of the Congress, to such committee.’’. 
SEC. 12. PENALTIES. 
Section 16 of the Toxic Substances Control Act (15 U.S.C. 
2615) is amended— 
(1) in subsection (a)(1), by striking ‘‘$25,000’’ and inserting 
‘‘$37,500’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘Any person’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Any person’’; 
(B) by striking ‘‘$25,000’’ and inserting ‘‘$50,000’’; and 
(C) by adding at the end the following: 
‘‘(2) IMMINENT
DANGER
OF
DEATH
OR
SERIOUS
BODILY 
INJURY.— 
‘‘(A) IN GENERAL.—Any person who knowingly and will-
fully violates any provision of section 15 or 409, and who 
knows at the time of the violation that the violation places 
an individual in imminent danger of death or serious bodily 
injury, shall be subject on conviction to a fine of not more 
than $250,000, or imprisonment for not more than 15 years, 
or both. 
‘‘(B) ORGANIZATIONS.—Notwithstanding the penalties 
described in subparagraph (A), an organization that com-
mits a knowing violation described in subparagraph (A) 
shall be subject on conviction to a fine of not more than 
$1,000,000 for each violation. 
‘‘(C) INCORPORATION OF CORRESPONDING PROVISIONS.— 
Subparagraphs (B) through (F) of section 113(c)(5) of the 
Clean Air Act (42 U.S.C. 7413(c)(5)(B)–(F)) shall apply to 
the prosecution of a violation under this paragraph.’’. 
SEC. 13. STATE-FEDERAL RELATIONSHIP. 
Section 18 of the Toxic Substances Control Act (15 U.S.C. 
2617) is amended— 
(1) by amending subsection (a) to read as follows: 
‘‘(a) IN GENERAL.— 
‘‘(1) ESTABLISHMENT OR ENFORCEMENT.—Except as other-
wise provided in subsections (c), (d), (e), (f), and (g), and subject 
to paragraph (2), no State or political subdivision of a State 
may establish or continue to enforce any of the following: 
‘‘(A) DEVELOPMENT
OF
INFORMATION.—A statute or 
administrative action to require the development of 
information about a chemical substance or category of 
chemical substances that is reasonably likely to produce 
the same information required under section 4, 5, or 6 
in— 
‘‘(i) a rule promulgated by the Administrator; 
‘‘(ii) a consent agreement entered into by the 
Administrator; or 
‘‘(iii) an order issued by the Administrator.
H. R. 2576—46 
‘‘(B) CHEMICAL SUBSTANCES FOUND NOT TO PRESENT 
AN
UNREASONABLE
RISK
OR
RESTRICTED.—A statute, 
criminal penalty, or administrative action to prohibit or 
otherwise restrict the manufacture, processing, or distribu-
tion in commerce or use of a chemical substance— 
‘‘(i) for which the determination described in sec-
tion 6(i)(1) is made, consistent with the scope of the 
risk evaluation under section (6)(b)(4)(D); or 
‘‘(ii) for which a final rule is promulgated under 
section 6(a), after the effective date of the rule issued 
under section 6(a) for the chemical substance, con-
sistent with the scope of the risk evaluation under 
section (6)(b)(4)(D). 
‘‘(C) SIGNIFICANT NEW USE.—A statute or administra-
tive action requiring the notification of a use of a chemical 
substance that the Administrator has specified as a signifi-
cant new use and for which the Administrator has required 
notification pursuant to a rule promulgated under section 
5. 
‘‘(2) EFFECTIVE
DATE
OF
PREEMPTION.—Under this sub-
section, Federal preemption of statutes and administrative 
actions applicable to specific chemical substances shall not occur 
until the effective date of the applicable action described in 
paragraph (1) taken by the Administrator.’’; 
(2) by amending subsection (b) to read as follows: 
‘‘(b) NEW STATUTES, CRIMINAL PENALTIES, OR ADMINISTRATIVE 
ACTIONS CREATING PROHIBITIONS OR OTHER RESTRICTIONS.— 
‘‘(1) IN GENERAL.—Except as provided in subsections (c), 
(d), (e), (f), and (g), beginning on the date on which the Adminis-
trator defines the scope of a risk evaluation for a chemical 
substance under section 6(b)(4)(D) and ending on the date on 
which the deadline established pursuant to section 6(b)(4)(G) 
for completion of the risk evaluation expires, or on the date 
on which the Administrator publishes the risk evaluation under 
section 6(b)(4)(C), whichever is earlier, no State or political 
subdivision of a State may establish a statute, criminal penalty, 
or administrative action prohibiting or otherwise restricting 
the manufacture, processing, distribution in commerce, or use 
of such chemical substance that is a high-priority substance 
designated under section 6(b)(1)(B)(i). 
‘‘(2) EFFECT
OF
SUBSECTION.—This subsection does not 
restrict the authority of a State or political subdivision of a 
State to continue to enforce any statute enacted, criminal pen-
alty assessed, or administrative action taken, prior to the date 
on which the Administrator defines and publishes the scope 
of a risk evaluation under section 6(b)(4)(D).’’; and 
(3) by adding at the end the following: 
‘‘(c) SCOPE OF PREEMPTION.—Federal preemption under sub-
sections (a) and (b) of statutes, criminal penalties, and administra-
tive actions applicable to specific chemical substances shall apply 
only to— 
‘‘(1) with respect to subsection (a)(1)(A), the chemical sub-
stances or category of chemical substances subject to a rule, 
order, or consent agreement under section 4, 5, or 6; 
‘‘(2) with respect to subsection (b), the hazards, exposures, 
risks, and uses or conditions of use of such chemical substances
H. R. 2576—47 
included in the scope of the risk evaluation pursuant to section 
6(b)(4)(D); 
‘‘(3) with respect to subsection (a)(1)(B), the hazards, expo-
sures, risks, and uses or conditions of use of such chemical 
substances included in any final action the Administrator takes 
pursuant to section 6(a) or 6(i)(1); or 
‘‘(4) with respect to subsection (a)(1)(C), the uses of such 
chemical substances that the Administrator has specified as 
significant new uses and for which the Administrator has 
required notification pursuant to a rule promulgated under 
section 5. 
‘‘(d) EXCEPTIONS.— 
‘‘(1) NO
PREEMPTION
OF
STATUTES
AND
ADMINISTRATIVE 
ACTIONS.— 
‘‘(A) IN GENERAL.—Nothing in this Act, nor any amend-
ment made by the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act, nor any rule, standard of perform-
ance, risk evaluation, or scientific assessment implemented 
pursuant to this Act, shall affect the right of a State 
or a political subdivision of a State to adopt or enforce 
any rule, standard of performance, risk evaluation, sci-
entific assessment, or any other protection for public health 
or the environment that— 
‘‘(i) is adopted or authorized under the authority 
of any other Federal law or adopted to satisfy or obtain 
authorization or approval under any other Federal law; 
‘‘(ii) implements a reporting, monitoring, or other 
information obligation for the chemical substance not 
otherwise required by the Administrator under this 
Act or required under any other Federal law; 
‘‘(iii) is adopted pursuant to authority under a 
law of the State or political subdivision of the State 
related to water quality, air quality, or waste treatment 
or disposal, except to the extent that the action— 
‘‘(I) imposes a restriction on the manufacture, 
processing, distribution in commerce, or use of a 
chemical substance; and 
‘‘(II)(aa) addresses the same hazards and expo-
sures, with respect to the same conditions of use 
as are included in the scope of the risk evaluation 
published pursuant to section 6(b)(4)(D), but is 
inconsistent with the action of the Administrator; 
or 
‘‘(bb) would cause a violation of the applicable 
action by the Administrator under section 5 or 
6; or 
‘‘(iv) subject to subparagraph (B), is identical to 
a requirement prescribed by the Administrator. 
‘‘(B) IDENTICAL REQUIREMENTS.— 
‘‘(i) IN GENERAL.—The penalties and other sanc-
tions applicable under a law of a State or political 
subdivision of a State in the event of noncompliance 
with the identical requirement shall be no more strin-
gent than the penalties and other sanctions available 
to the Administrator under section 16 of this Act. 
‘‘(ii) PENALTIES.—In the case of an identical 
requirement—
H. R. 2576—48 
‘‘(I) a State or political subdivision of a State 
may not assess a penalty for a specific violation 
for which the Administrator has assessed an ade-
quate penalty under section 16; and 
‘‘(II) if a State or political subdivision of a 
State has assessed a penalty for a specific viola-
tion, the Administrator may not assess a penalty 
for that violation in an amount that would cause 
the total of the penalties assessed for the violation 
by the State or political subdivision of a State 
and the Administrator combined to exceed the 
maximum amount that may be assessed for that 
violation by the Administrator under section 16. 
‘‘(2) APPLICABILITY TO CERTAIN RULES OR ORDERS.— 
‘‘(A) PRIOR RULES AND ORDERS.—Nothing in this section 
shall be construed as modifying the preemptive effect under 
this section, as in effect on the day before the effective 
date of the Frank R. Lautenberg Chemical Safety for the 
21st Century Act, of any rule or order promulgated or 
issued under this Act prior to that effective date. 
‘‘(B) CERTAIN CHEMICAL SUBSTANCES AND MIXTURES.— 
With respect to a chemical substance or mixture for which 
any rule or order was promulgated or issued under section 
6 prior to the effective date of the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act with respect 
to manufacturing, processing, distribution in commerce, 
use, or disposal of the chemical substance or mixture, 
nothing in this section shall be construed as modifying 
the preemptive effect of this section as in effect prior to 
the enactment of the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act of any rule or order that is 
promulgated or issued with respect to such chemical sub-
stance or mixture under section 6 after that effective date, 
unless the latter rule or order is with respect to a chemical 
substance or mixture containing a chemical substance and 
follows a designation of that chemical substance as a high- 
priority substance under section 6(b)(1)(B)(i), the identifica-
tion of that chemical substance under section 6(b)(2)(A), 
or the selection of that chemical substance for risk evalua-
tion under section 6(b)(4)(E)(iv)(II). 
‘‘(e) PRESERVATION OF CERTAIN LAWS.— 
‘‘(1) IN GENERAL.—Nothing in this Act, subject to subsection 
(g) of this section, shall— 
‘‘(A) be construed to preempt or otherwise affect the 
authority of a State or political subdivision of a State 
to continue to enforce any action taken or requirement 
imposed or requirement enacted relating to a specific chem-
ical substance before April 22, 2016, under the authority 
of a law of the State or political subdivision of the State 
that prohibits or otherwise restricts manufacturing, proc-
essing, distribution in commerce, use, or disposal of a chem-
ical substance; or 
‘‘(B) be construed to preempt or otherwise affect any 
action taken pursuant to a State law that was in effect 
on August 31, 2003. 
‘‘(2) EFFECT
OF
SUBSECTION.—This subsection does not 
affect, modify, or alter the relationship between Federal law
H. R. 2576—49 
and laws of a State or political subdivision of a State pursuant 
to any other Federal law. 
‘‘(f) WAIVERS.— 
‘‘(1) DISCRETIONARY EXEMPTIONS.—Upon application of a 
State or political subdivision of a State, the Administrator 
may, by rule, exempt from subsection (a), under such conditions 
as may be prescribed in the rule, a statute, criminal penalty, 
or administrative action of that State or political subdivision 
of the State that relates to the effects of exposure to a chemical 
substance under the conditions of use if the Administrator 
determines that— 
‘‘(A) compelling conditions warrant granting the waiver 
to protect health or the environment; 
‘‘(B) compliance with the proposed requirement of the 
State or political subdivision of the State would not unduly 
burden interstate commerce in the manufacture, proc-
essing, distribution in commerce, or use of a chemical sub-
stance; 
‘‘(C) compliance with the proposed requirement of the 
State or political subdivision of the State would not cause 
a violation of any applicable Federal law, rule, or order; 
and 
‘‘(D) in the judgment of the Administrator, the proposed 
requirement of the State or political subdivision of the 
State is designed to address a risk of a chemical substance, 
under the conditions of use, that was identified— 
‘‘(i) consistent with the best available science; 
‘‘(ii) using supporting studies conducted in accord-
ance with sound and objective scientific practices; and 
‘‘(iii) based on the weight of the scientific evidence. 
‘‘(2) REQUIRED EXEMPTIONS.—Upon application of a State 
or political subdivision of a State, the Administrator shall 
exempt from subsection (b) a statute or administrative action 
of a State or political subdivision of a State that relates to 
the effects of exposure to a chemical substance under the condi-
tions of use if the Administrator determines that— 
‘‘(A)(i) compliance with the proposed requirement of 
the State or political subdivision of the State would not 
unduly burden interstate commerce in the manufacture, 
processing, distribution in commerce, or use of a chemical 
substance; 
‘‘(ii) compliance with the proposed requirement of the 
State or political subdivision of the State would not cause 
a violation of any applicable Federal law, rule, or order; 
and 
‘‘(iii) the State or political subdivision of the State 
has a concern about the chemical substance or use of 
the chemical substance based in peer-reviewed science; or 
‘‘(B) no later than the date that is 18 months after 
the date on which the Administrator has initiated the 
prioritization process for a chemical substance under the 
rule promulgated pursuant to section 6(b)(1)(A), or the 
date on which the Administrator publishes the scope of 
the risk evaluation for a chemical substance under section 
6(b)(4)(D), whichever is sooner, the State or political sub-
division of the State has enacted a statute or proposed 
or finalized an administrative action intended to prohibit
H. R. 2576—50 
or otherwise restrict the manufacture, processing, distribu-
tion in commerce, or use of the chemical substance. 
‘‘(3) DETERMINATION OF A WAIVER REQUEST.—The duty of 
the Administrator to grant or deny a waiver application shall 
be nondelegable and shall be exercised— 
‘‘(A) not later than 180 days after the date on which 
an application under paragraph (1) is submitted; and 
‘‘(B) not later than 110 days after the date on which 
an application under paragraph (2) is submitted. 
‘‘(4) FAILURE TO MAKE A DETERMINATION.—If the Adminis-
trator fails to make a determination under paragraph (3)(B) 
during the 110-day period beginning on the date on which 
an application under paragraph (2) is submitted, the statute 
or administrative action of the State or political subdivision 
of the State that was the subject of the application shall not 
be considered to be an existing statute or administrative action 
for purposes of subsection (b) by reason of the failure of the 
Administrator to make a determination. 
‘‘(5) NOTICE
AND
COMMENT.—Except in the case of an 
application approved under paragraph (9), the application of 
a State or political subdivision of a State under this subsection 
shall be subject to public notice and comment. 
‘‘(6) FINAL AGENCY ACTION.—The decision of the Adminis-
trator on the application of a State or political subdivision 
of a State shall be— 
‘‘(A) considered to be a final agency action; and 
‘‘(B) subject to judicial review. 
‘‘(7) DURATION OF WAIVERS.—A waiver granted under para-
graph (2) or approved under paragraph (9) shall remain in 
effect until such time as the Administrator publishes the risk 
evaluation under section 6(b). 
‘‘(8) JUDICIAL REVIEW OF WAIVERS.—Not later than 60 days 
after the date on which the Administrator makes a determina-
tion on an application of a State or political subdivision of 
a State under paragraph (1) or (2), any person may file a 
petition for judicial review in the United States Court of 
Appeals for the District of Columbia Circuit, which shall have 
exclusive jurisdiction over the determination. 
‘‘(9) APPROVAL.— 
‘‘(A) AUTOMATIC APPROVAL.—If the Administrator fails 
to meet the deadline established under paragraph (3)(B), 
the application of a State or political subdivision of a State 
under paragraph (2) shall be automatically approved, effec-
tive on the date that is 10 days after the deadline. 
‘‘(B) REQUIREMENTS.—Notwithstanding paragraph (6), 
approval of a waiver application under subparagraph (A) 
for failure to meet the deadline under paragraph (3)(B) 
shall not be considered final agency action or be subject 
to judicial review or public notice and comment. 
‘‘(g) SAVINGS.— 
‘‘(1) NO PREEMPTION OF COMMON LAW OR STATUTORY CAUSES 
OF ACTION FOR CIVIL RELIEF OR CRIMINAL CONDUCT.— 
‘‘(A) IN GENERAL.—Nothing in this Act, nor any amend-
ment made by the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act, nor any standard, rule, require-
ment, standard of performance, risk evaluation, or scientific 
assessment implemented pursuant to this Act, shall be
H. R. 2576—51 
construed to preempt, displace, or supplant any State or 
Federal common law rights or any State or Federal statute 
creating a remedy for civil relief, including those for civil 
damage, or a penalty for a criminal conduct. 
‘‘(B) CLARIFICATION
OF
NO
PREEMPTION.—Notwith-
standing any other provision of this Act, nothing in this 
Act, nor any amendments made by the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act, shall pre-
empt or preclude any cause of action for personal injury, 
wrongful death, property damage, or other injury based 
on negligence, strict liability, products liability, failure to 
warn, or any other legal theory of liability under any State 
law, maritime law, or Federal common law or statutory 
theory. 
‘‘(2) NO EFFECT ON PRIVATE REMEDIES.— 
‘‘(A) IN GENERAL.—Nothing in this Act, nor any amend-
ments made by the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act, nor any rules, regulations, 
requirements, risk evaluations, scientific assessments, or 
orders issued pursuant to this Act shall be interpreted 
as, in either the plaintiff’s or defendant’s favor, dispositive 
in any civil action. 
‘‘(B) AUTHORITY OF COURTS.—This Act does not affect 
the authority of any court to make a determination in 
an adjudicatory proceeding under applicable State or Fed-
eral law with respect to the admission into evidence or 
any other use of this Act or rules, regulations, require-
ments, standards of performance, risk evaluations, sci-
entific assessments, or orders issued pursuant to this Act.’’. 
SEC. 14. JUDICIAL REVIEW. 
Section 19(a) of the Toxic Substances Control Act (15 U.S.C. 
2618(a)) is amended— 
(1) in paragraph (1), by adding at the end the following: 
‘‘(C)(i) Not later than 60 days after the publication of a 
designation under section 6(b)(1)(B)(ii), any person may com-
mence a civil action to challenge the designation. 
‘‘(ii) The United States Court of Appeals for the District 
of Columbia Circuit shall have exclusive jurisdiction over a 
civil action filed under this subparagraph.’’; and 
(2) by striking paragraph (3). 
SEC. 15. CITIZENS’ CIVIL ACTIONS. 
Section 20(b) of the Toxic Substances Control Act (15 U.S.C. 
2619(b)) is amended— 
(1) in paragraph (1)(B), by striking ‘‘or’’ at the end; and 
(2) in paragraph (2), by striking the period at the end 
and inserting the following: ‘‘, except that no prior notification 
shall be required in the case of a civil action brought to compel 
a decision by the Administrator pursuant to section 18(f)(3)(B); 
or 
‘‘(3) in the case of a civil action brought to compel a decision 
by the Administrator pursuant to section 18(f)(3)(B), after the 
date that is 60 days after the deadline specified in section 
18(f)(3)(B).’’.
H. R. 2576—52 
SEC. 16. STUDIES. 
Section 25 of the Toxic Substances Control Act (15 U.S.C. 
2624) is repealed. 
SEC. 17. ADMINISTRATION OF THE ACT. 
Section 26 of the Toxic Substances Control Act (15 U.S.C. 
2625) is amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘of a reasonable fee’’; 
(B) by striking ‘‘data under section 4 or 5 to defray 
the cost of administering this Act’’ and inserting ‘‘informa-
tion under section 4 or a notice or other information to 
be reviewed by the Administrator under section 5, or who 
manufactures or processes a chemical substance that is 
the subject of a risk evaluation under section 6(b), of a 
fee that is sufficient and not more than reasonably nec-
essary to defray the cost related to such chemical substance 
of administering sections 4, 5, and 6, and collecting, proc-
essing, reviewing, and providing access to and protecting 
from disclosure as appropriate under section 14 information 
on chemical substances under this title, including con-
tractor costs incurred by the Administrator’’; 
(C) by striking ‘‘Such rules shall not provide for any 
fee in excess of $2,500 or, in the case of a small business 
concern, any fee in excess of $100.’’; and 
(D) by striking ‘‘submit the data and the cost to the 
Administrator of reviewing such data’’ and inserting ‘‘pay 
such fee and the cost to the Administrator of carrying 
out the activities described in this paragraph’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘paragraph (1)’’ and 
inserting ‘‘paragraph (4)’’; and 
(B) by adding at the end the following: 
‘‘(3) FUND.— 
‘‘(A) ESTABLISHMENT.—There is established in the Treasury 
of the United States a fund, to be known as the TSCA Service 
Fee Fund (in this paragraph referred to as the ‘Fund’), con-
sisting of such amounts as are deposited in the Fund under 
this paragraph. 
‘‘(B) COLLECTION AND DEPOSIT OF FEES.—Subject to the 
conditions of subparagraph (C), the Administrator shall collect 
the fees described in this subsection and deposit those fees 
in the Fund. 
‘‘(C) USE OF FUNDS BY ADMINISTRATOR.—Fees authorized 
under this section shall be collected and available for obligation 
only to the extent and in the amount provided in advance 
in appropriations Acts, and shall be available without fiscal 
year limitation for use in defraying the costs of the activities 
described in paragraph (1). 
‘‘(D) ACCOUNTING AND AUDITING.— 
‘‘(i) ACCOUNTING.—The Administrator shall biennially 
prepare and submit to the Committee on Environment 
and Public Works of the Senate and the Committee on 
Energy and Commerce of the House of Representatives 
a report that includes an accounting of the fees paid to 
the Administrator under this paragraph and amounts dis-
bursed from the Fund for the period covered by the report,
H. R. 2576—53 
as reflected by financial statements provided in accordance 
with sections 3515 and 3521 of title 31, United States 
Code. 
‘‘(ii) AUDITING.— 
‘‘(I) IN
GENERAL.—For the purpose of section 
3515(c) of title 31, United States Code, the Fund shall 
be considered a component of a covered executive 
agency. 
‘‘(II) COMPONENTS OF AUDIT.—The annual audit 
required in accordance with sections 3515 and 3521 
of title 31, United States Code, of the financial state-
ments of activities carried out using amounts from 
the Fund shall include an analysis of— 
‘‘(aa) the fees collected and amounts disbursed 
under this subsection; 
‘‘(bb) the reasonableness of the fees in place 
as of the date of the audit to meet current and 
projected costs of administering the provisions of 
this title for which the fees may be used; and 
‘‘(cc) the number of requests for a risk evalua-
tion 
made 
by 
manufacturers 
under 
section 
6(b)(4)(C)(ii). 
‘‘(III) FEDERAL
RESPONSIBILITY.—The Inspector 
General of the Environmental Protection Agency shall 
conduct the annual audit described in subclause (II) 
and submit to the Administrator a report that describes 
the findings and any recommendations of the Inspector 
General resulting from the audit. 
‘‘(4) AMOUNT AND ADJUSTMENT OF FEES; REFUNDS.—In setting 
fees under this section, the Administrator shall— 
‘‘(A) prescribe lower fees for small business concerns, after 
consultation with the Administrator of the Small Business 
Administration; 
‘‘(B) set the fees established under paragraph (1) at levels 
such that the fees will, in aggregate, provide a sustainable 
source of funds to annually defray— 
‘‘(i) the lower of— 
‘‘(I) 25 percent of the costs to the Administrator 
of carrying out sections 4, 5, and 6, and of collecting, 
processing, reviewing, and providing access to and pro-
tecting from disclosure as appropriate under section 
14 information on chemical substances under this title, 
other than the costs to conduct and complete risk 
evaluations under section 6(b); or 
‘‘(II) $25,000,000 (subject to adjustment pursuant 
to subparagraph (F)); and 
‘‘(ii) the costs of risk evaluations specified in subpara-
graph (D); 
‘‘(C) reflect an appropriate balance in the assessment of 
fees between manufacturers and processors, and allow the pay-
ment of fees by consortia of manufacturers or processors; 
‘‘(D) notwithstanding subparagraph (B)— 
‘‘(i) except as provided in clause (ii), for chemical sub-
stances for which the Administrator has granted a request 
from a manufacturer pursuant to section 6(b)(4)(C)(ii), 
establish the fee at a level sufficient to defray the full
H. R. 2576—54 
costs to the Administrator of conducting the risk evaluation 
under section 6(b); 
‘‘(ii) for chemical substances for which the Adminis-
trator has granted a request from a manufacturer pursuant 
to section 6(b)(4)(C)(ii), and which are included in the 2014 
update of the TSCA Work Plan for Chemical Assessments, 
establish the fee at a level sufficient to defray 50 percent 
of the costs to the Administrator of conducting the risk 
evaluation under section 6(b); and 
‘‘(iii) apply fees collected pursuant to clauses (i) and 
(ii) only to defray the costs described in those clauses; 
‘‘(E) prior to the establishment or amendment of any fees 
under paragraph (1), consult and meet with parties potentially 
subject to the fees or their representatives, subject to the condi-
tion that no obligation under the Federal Advisory Committee 
Act (5 U.S.C. App.) or subchapter II of chapter 5 of title 5, 
United States Code, is applicable with respect to such meetings; 
‘‘(F) beginning with the fiscal year that is 3 years after 
the date of enactment of the Frank R. Lautenberg Chemical 
Safety for the 21st Century Act, and every 3 years thereafter, 
after consultation with parties potentially subject to the fees 
and their representatives pursuant to subparagraph (E), 
increase or decrease the fees established under paragraph (1) 
as necessary to adjust for inflation and to ensure that funds 
deposited in the Fund are sufficient to defray— 
‘‘(i) approximately but not more than 25 percent of 
the costs to the Administrator of carrying out sections 
4, 5, and 6, and of collecting, processing, reviewing, and 
providing access to and protecting from disclosure as appro-
priate under section 14 information on chemical substances 
under this title, other than the costs to conduct and com-
plete risk evaluations requested under section 6(b)(4)(C)(ii); 
and 
‘‘(ii) the costs of risk evaluations specified in subpara-
graph (D); and 
‘‘(G) if a notice submitted under section 5 is not reviewed 
or such a notice is withdrawn, refund the fee or a portion 
of the fee if no substantial work was performed on the notice. 
‘‘(5) MINIMUM AMOUNT OF APPROPRIATIONS.—Fees may not be 
assessed for a fiscal year under this section unless the amount 
of appropriations for the Chemical Risk Review and Reduction 
program project of the Environmental Protection Agency for the 
fiscal year (excluding the amount of any fees appropriated for 
the fiscal year) are equal to or greater than the amount of appropria-
tions for that program project for fiscal year 2014. 
‘‘(6) TERMINATION.—The authority provided by this subsection 
shall terminate at the conclusion of the fiscal year that is 10 
years after the date of enactment of the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act unless otherwise reauthor-
ized or modified by Congress.’’; and 
(3) by adding at the end the following: 
‘‘(h) SCIENTIFIC STANDARDS.—In carrying out sections 4, 5, and 
6, to the extent that the Administrator makes a decision based 
on science, the Administrator shall use scientific information, tech-
nical procedures, measures, methods, protocols, methodologies, or 
models, employed in a manner consistent with the best available 
science, and shall consider as applicable—
H. R. 2576—55 
‘‘(1) the extent to which the scientific information, technical 
procedures, measures, methods, protocols, methodologies, or 
models employed to generate the information are reasonable 
for and consistent with the intended use of the information; 
‘‘(2) the extent to which the information is relevant for 
the Administrator’s use in making a decision about a chemical 
substance or mixture; 
‘‘(3) the degree of clarity and completeness with which 
the data, assumptions, methods, quality assurance, and anal-
yses employed to generate the information are documented; 
‘‘(4) the extent to which the variability and uncertainty 
in the information, or in the procedures, measures, methods, 
protocols, methodologies, or models, are evaluated and 
characterized; and 
‘‘(5) the extent of independent verification or peer review 
of the information or of the procedures, measures, methods, 
protocols, methodologies, or models. 
‘‘(i) WEIGHT OF SCIENTIFIC EVIDENCE.—The Administrator shall 
make decisions under sections 4, 5, and 6 based on the weight 
of the scientific evidence. 
‘‘(j) AVAILABILITY OF INFORMATION.—Subject to section 14, the 
Administrator shall make available to the public— 
‘‘(1) all notices, determinations, findings, rules, consent 
agreements, and orders of the Administrator under this title; 
‘‘(2) any information required to be provided to the Adminis-
trator under section 4; 
‘‘(3) a nontechnical summary of each risk evaluation con-
ducted under section 6(b); 
‘‘(4) a list of the studies considered by the Administrator 
in carrying out each such risk evaluation, along with the results 
of those studies; and 
‘‘(5) each designation of a chemical substance under section 
6(b), along with an identification of the information, analysis, 
and basis used to make the designations. 
‘‘(k) REASONABLY AVAILABLE INFORMATION.—In carrying out 
sections 4, 5, and 6, the Administrator shall take into consideration 
information relating to a chemical substance or mixture, including 
hazard and exposure information, under the conditions of use, that 
is reasonably available to the Administrator. 
‘‘(l) POLICIES, PROCEDURES, AND GUIDANCE.— 
‘‘(1) DEVELOPMENT.—Not later than 2 years after the date 
of enactment of the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act, the Administrator shall develop any 
policies, procedures, and guidance the Administrator deter-
mines are necessary to carry out the amendments to this Act 
made by the Frank R. Lautenberg Chemical Safety for the 
21st Century Act. 
‘‘(2) REVIEW.—Not later than 5 years after the date of 
enactment of the Frank R. Lautenberg Chemical Safety for 
the 21st Century Act, and not less frequently than once every 
5 years thereafter, the Administrator shall— 
‘‘(A) review the adequacy of the policies, procedures, 
and guidance developed under paragraph (1), including 
with respect to animal, nonanimal, and epidemiological 
test methods and procedures for assessing and determining 
risk under this title; and
H. R. 2576—56 
‘‘(B) revise such policies, procedures, and guidance as 
the Administrator determines necessary to reflect new sci-
entific developments or understandings. 
‘‘(3) TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.— 
The policies, procedures, and guidance developed under para-
graph (1) applicable to testing chemical substances and mix-
tures shall— 
‘‘(A) address how and when the exposure level or expo-
sure potential of a chemical substance or mixture would 
factor into decisions to require new testing, subject to the 
condition that the Administrator shall not interpret the 
lack of exposure information as a lack of exposure or expo-
sure potential; and 
‘‘(B) describe the manner in which the Administrator 
will determine that additional information is necessary 
to carry out this title, including information relating to 
potentially exposed or susceptible populations. 
‘‘(4) CHEMICAL SUBSTANCES WITH COMPLETED RISK ASSESS-
MENTS.—With respect to a chemical substance listed in the 
2014 update to the TSCA Work Plan for Chemical Assessments 
for which the Administrator has published a completed risk 
assessment prior to the date of enactment of the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act, the 
Administrator may publish proposed and final rules under sec-
tion 6(a) that are consistent with the scope of the completed 
risk assessment for the chemical substance and consistent with 
other applicable requirements of section 6. 
‘‘(5) GUIDANCE.—Not later than 1 year after the date of 
enactment of the Frank R. Lautenberg Chemical Safety for 
the 21st Century Act, the Administrator shall develop guidance 
to assist interested persons in developing and submitting draft 
risk evaluations which shall be considered by the Adminis-
trator. The guidance shall, at a minimum, address the quality 
of the information submitted and the process to be followed 
in developing draft risk evaluations for consideration by the 
Administrator. 
‘‘(m) REPORT TO CONGRESS.— 
‘‘(1) INITIAL REPORT.—Not later than 6 months after the 
date of enactment of the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act, the Administrator shall submit to 
the Committees on Energy and Commerce and Appropriations 
of the House of Representatives and the Committees on 
Environment and Public Works and Appropriations of the 
Senate a report containing an estimation of— 
‘‘(A) the capacity of the Environmental Protection 
Agency to conduct and publish risk evaluations under sec-
tion 6(b)(4)(C)(i), and the resources necessary to conduct 
the minimum number of risk evaluations required under 
section 6(b)(2); 
‘‘(B) the capacity of the Environmental Protection 
Agency to conduct and publish risk evaluations under sec-
tion 6(b)(4)(C)(ii), the likely demand for such risk evalua-
tions, and the anticipated schedule for accommodating that 
demand; 
‘‘(C) the capacity of the Environmental Protection 
Agency to promulgate rules under section 6(a) as required
H. R. 2576—57 
based on risk evaluations conducted and published under 
section 6(b); and 
‘‘(D) the actual and anticipated efforts of the Environ-
mental Protection Agency to increase the Agency’s capacity 
to conduct and publish risk evaluations under section 6(b). 
‘‘(2) 
SUBSEQUENT
REPORTS.—The 
Administrator 
shall 
update and resubmit the report described in paragraph (1) 
not less frequently than once every 5 years. 
‘‘(n) ANNUAL PLAN.— 
‘‘(1) IN
GENERAL.—The Administrator shall inform the 
public regarding the schedule and the resources necessary for 
the completion of each risk evaluation as soon as practicable 
after initiating the risk evaluation. 
‘‘(2) PUBLICATION OF PLAN.—At the beginning of each cal-
endar year, the Administrator shall publish an annual plan 
that— 
‘‘(A) identifies the chemical substances for which risk 
evaluations are expected to be initiated or completed that 
year and the resources necessary for their completion; 
‘‘(B) describes the status of each risk evaluation that 
has been initiated but not yet completed; and 
‘‘(C) if the schedule for completion of a risk evaluation 
has changed, includes an updated schedule for that risk 
evaluation. 
‘‘(o) CONSULTATION WITH SCIENCE ADVISORY COMMITTEE ON 
CHEMICALS.— 
‘‘(1) ESTABLISHMENT.—Not later than 1 year after the date 
of enactment of the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act, the Administrator shall establish 
an advisory committee, to be known as the Science Advisory 
Committee on Chemicals (referred to in this subsection as 
the ‘Committee’). 
‘‘(2) PURPOSE.—The purpose of the Committee shall be 
to provide independent advice and expert consultation, at the 
request of the Administrator, with respect to the scientific 
and technical aspects of issues relating to the implementation 
of this title. 
‘‘(3) COMPOSITION.—The Committee shall be composed of 
representatives of such science, government, labor, public 
health, public interest, animal protection, industry, and other 
groups as the Administrator determines to be advisable, 
including representatives that have specific scientific expertise 
in the relationship of chemical exposures to women, children, 
and other potentially exposed or susceptible subpopulations. 
‘‘(4) SCHEDULE.—The Administrator shall convene the Com-
mittee in accordance with such schedule as the Administrator 
determines to be appropriate, but not less frequently than 
once every 2 years. 
‘‘(p) PRIOR ACTIONS.— 
‘‘(1) RULES, ORDERS, AND
EXEMPTIONS.—Nothing in the 
Frank R. Lautenberg Chemical Safety for the 21st Century 
Act eliminates, modifies, or withdraws any rule promulgated, 
order issued, or exemption established pursuant to this Act 
before the date of enactment of the Frank R. Lautenberg Chem-
ical Safety for the 21st Century Act. 
‘‘(2) PRIOR-INITIATED
EVALUATIONS.—Nothing in this Act 
prevents the Administrator from initiating a risk evaluation
H. R. 2576—58 
regarding a chemical substance, or from continuing or com-
pleting such risk evaluation, prior to the effective date of the 
policies, procedures, and guidance required to be developed 
by the Administrator pursuant to the amendments made by 
the Frank R. Lautenberg Chemical Safety for the 21st Century 
Act. 
‘‘(3) ACTIONS COMPLETED PRIOR TO COMPLETION OF POLICIES, 
PROCEDURES, AND GUIDANCE.—Nothing in this Act requires the 
Administrator to revise or withdraw a completed risk evalua-
tion, determination, or rule under this Act solely because the 
action was completed prior to the development of a policy, 
procedure, or guidance pursuant to the amendments made by 
the Frank R. Lautenberg Chemical Safety for the 21st Century 
Act.’’. 
SEC. 18. STATE PROGRAMS. 
Section 28 of the Toxic Substances Control Act (15 U.S.C. 
2627) is amended by striking subsections (c) and (d). 
SEC. 19. CONFORMING AMENDMENTS. 
(a) TABLE OF CONTENTS.—The table of contents in section 1 
of the Toxic Substances Control Act is amended— 
(1) by striking the item relating to section 6 and inserting 
the following: 
‘‘Sec. 6. Prioritization, risk evaluation, and regulation of chemical substances and 
mixtures.’’; 
(2) by striking the item relating to section 10 and inserting 
the following: 
‘‘Sec. 10. Research, development, collection, dissemination, and utilization of infor-
mation.’’; 
(3) by striking the item relating to section 14 and inserting 
the following: 
‘‘Sec. 14. Confidential information.’’; 
and 
(4) by striking the item relating to section 25. 
(b) SECTION 2.—Section 2(b)(1) of the Toxic Substances Control 
Act (15 U.S.C. 2601(b)(1)) is amended by striking ‘‘data’’ both places 
it appears and inserting ‘‘information’’. 
(c) SECTION 3.—Section 3 of the Toxic Substances Control Act 
(15 U.S.C. 2602) is amended— 
(1) in paragraph (8) (as redesignated by section 3 of this 
Act), by striking ‘‘data’’ and inserting ‘‘information’’; and 
(2) in paragraph (15) (as redesignated by section 3 of this 
Act)— 
(A) by striking ‘‘standards’’ and inserting ‘‘protocols 
and methodologies’’; 
(B) by striking ‘‘test data’’ both places it appears and 
inserting ‘‘information’’; and 
(C) by striking ‘‘data’’ each place it appears and 
inserting ‘‘information’’. 
(d) SECTION 4.—Section 4 of the Toxic Substances Control Act 
(15 U.S.C. 2603) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)—
H. R. 2576—59 
(i) in the paragraph heading, by adding ‘‘, ORDER, 
OR CONSENT AGREEMENT’’ at the end; and 
(ii) by striking ‘‘rule’’ each place it appears and 
inserting ‘‘rule, order, or consent agreement’’; 
(B) in paragraph (2)(B), by striking ‘‘rules’’ and 
inserting ‘‘rules, orders, and consent agreements’’; 
(C) in paragraph (3)(A), by striking ‘‘rule’’ and inserting 
‘‘rule or order’’; and 
(D) in paragraph (4)— 
(i) by striking ‘‘rule under subsection (a)’’ each 
place it appears and inserting ‘‘rule, order, or consent 
agreement under subsection (a)’’; 
(ii) by striking ‘‘repeals the rule’’ each place it 
appears and inserting ‘‘repeals the rule or order or 
modifies the consent agreement to terminate the 
requirement’’; and 
(iii) by striking ‘‘repeals the application of the rule’’ 
and inserting ‘‘repeals or modifies the application of 
the rule, order, or consent agreement’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘rule’’ and inserting 
‘‘rule or order’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘a rule under 
subsection (a) or for which data is being developed 
pursuant to such a rule’’ and inserting ‘‘a rule, order, 
or consent agreement under subsection (a) or for which 
information is being developed pursuant to such a rule, 
order, or consent agreement’’; 
(ii) in subparagraph (B), by striking ‘‘such rule 
or which is being developed pursuant to such rule’’ 
and inserting ‘‘such rule, order, or consent agreement 
or which is being developed pursuant to such rule, 
order, or consent agreement’’; and 
(iii) in the matter following subparagraph (B), by 
striking ‘‘the rule’’ and inserting ‘‘the rule or order’’; 
(C) in paragraph (3)(B)(i), by striking ‘‘rule promul-
gated’’ and inserting ‘‘rule, order, or consent agreement’’; 
and 
(D) in paragraph (4)— 
(i) by striking ‘‘rule promulgated’’ each place it 
appears and inserting ‘‘rule, order, or consent agree-
ment’’; 
(ii) by striking ‘‘such rule’’ each place it appears 
and inserting ‘‘such rule, order, or consent agreement’’; 
and 
(iii) in subparagraph (B), by striking ‘‘the rule’’ 
and inserting ‘‘the rule or order’’; 
(3) in subsection (d), by striking ‘‘rule’’ and inserting ‘‘rule, 
order, or consent agreement’’; and 
(4) in subsection (g), by striking ‘‘rule’’ and inserting ‘‘rule, 
order, or consent agreement’’. 
(e) SECTION 5.—Section 5 of the Toxic Substances Control Act 
(15 U.S.C. 2604) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)—
H. R. 2576—60 
(i) by striking ‘‘rule promulgated’’ and inserting 
‘‘rule, order, or consent agreement’’; and 
(ii) by striking ‘‘such rule’’ and inserting ‘‘such 
rule, order, or consent agreement’’; 
(B) in paragraph (1)(B), by striking ‘‘rule promulgated’’ 
and inserting ‘‘rule or order’’; and 
(C) in paragraph (2)(A)(ii), by striking ‘‘rule promul-
gated’’ and inserting ‘‘rule, order, or consent agreement’’; 
and 
(2) in subsection (d)(2)(C), by striking ‘‘rule’’ and inserting 
‘‘rule, order, or consent agreement’’. 
(f) SECTION 7.—Section 7(a) of the Toxic Substances Control 
Act (15 U.S.C. 2606(a)) is amended— 
(1) in paragraph (1), in the matter following subparagraph 
(C), by striking ‘‘a rule under section 4, 5, 6, or title IV or 
an order under section 5 or title IV’’ and inserting ‘‘a determina-
tion under section 5 or 6, a rule under section 4, 5, or 6 
or title IV, an order under section 4, 5, or 6 or title IV, 
or a consent agreement under section 4’’; and 
(2) in paragraph (2), by striking ‘‘subsection 6(d)(2)(A)(i)’’ 
and inserting ‘‘section 6(d)(3)(A)(i)’’. 
(g) SECTION 8.—Section 8(a) of the Toxic Substances Control 
Act (15 U.S.C. 2607(a)) is amended— 
(1) in paragraph (2)(E), by striking ‘‘data’’ and inserting 
‘‘information’’; and 
(2) in paragraph (3)(A)(ii)(I), by striking ‘‘or an order in 
effect under section 5(e)’’ and inserting ‘‘, an order in effect 
under section 4 or 5(e), or a consent agreement under section 
4’’. 
(h) SECTION 9.—Section 9 of the Toxic Substances Control Act 
(15 U.S.C. 2608) is amended— 
(1) in subsection (a), by striking ‘‘section 6’’ each place 
it appears and inserting ‘‘section 6(a)’’; and 
(2) in subsection (d), by striking ‘‘Health, Education, and 
Welfare’’ and inserting ‘‘Health and Human Services’’. 
(i) SECTION 10.—Section 10 of the Toxic Substances Control 
Act (15 U.S.C. 2609) is amended— 
(1) in the section heading, by striking ‘‘DATA’’ and inserting 
‘‘INFORMATION’’; 
(2) by striking ‘‘Health, Education, and Welfare’’ each place 
it appears and inserting ‘‘Health and Human Services’’; 
(3) in subsection (b)— 
(A) in the subsection heading, by striking ‘‘DATA’’ and 
inserting ‘‘INFORMATION’’; 
(B) by striking ‘‘data’’ and inserting ‘‘information’’ in 
paragraph (1); 
(C) by striking ‘‘data’’ and inserting ‘‘information’’ in 
paragraph (2)(A); and 
(D) by striking ‘‘a data’’ and inserting ‘‘an information’’ 
in paragraph (2)(B); and 
(4) in subsection (g), by striking ‘‘data’’ and inserting 
‘‘information’’. 
(j) SECTION 11.—Section 11(b)(2) of the Toxic Substances Con-
trol Act (15 U.S.C. 2610(b)(2)) is amended— 
(1) by striking ‘‘data’’ each place it appears and inserting 
‘‘information’’; and
H. R. 2576—61 
(2) in subparagraph (E), by striking ‘‘rule promulgated’’ 
and inserting ‘‘rule promulgated, order issued, or consent agree-
ment entered into’’. 
(k) SECTION 12.—Section 12(b)(1) of the Toxic Substances Con-
trol Act (15 U.S.C. 2611(b)(1)) is amended by striking ‘‘data’’ both 
places it appears and inserting ‘‘information’’. 
(l) SECTION 15.—Section 15(1) of the Toxic Substances Control 
Act (15 U.S.C. 2614(1)) is amended by striking ‘‘(A) any rule’’ 
and all that follows through ‘‘or (D)’’ and inserting ‘‘any requirement 
of this title or any rule promulgated, order issued, or consent 
agreement entered into under this title, or’’. 
(m) SECTION 19.—Section 19 of the Toxic Substances Control 
Act (15 U.S.C. 2618) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(A)— 
(i) by striking ‘‘Not later than 60 days after the 
date of the promulgation of a rule under section 4(a), 
5(a)(2), 5(b)(4), 6(a), 6(e), or 8, or under title II or 
IV’’ and inserting ‘‘Except as otherwise provided in 
this title, not later than 60 days after the date on 
which a rule is promulgated under this title, title II, 
or title IV, or the date on which an order is issued 
under section 4, 5(e), 5(f), or 6(i)(1),’’; 
(ii) by striking ‘‘such rule’’ and inserting ‘‘such 
rule or order’’; and 
(iii) by striking ‘‘such a rule’’ and inserting ‘‘such 
a rule or order’’; 
(B) in paragraph (1)(B)— 
(i) by striking ‘‘Courts’’ and inserting ‘‘Except as 
otherwise provided in this title, courts’’; and 
(ii) by striking ‘‘subparagraph (A) or (B) of section 
6(b)(1)’’ and inserting ‘‘this title, other than an order 
under section 4, 5(e), 5(f), or 6(i)(1),’’; and 
(C) in paragraph (2)— 
(i) by striking ‘‘rulemaking record’’ and inserting 
‘‘record’’; and 
(ii) by striking ‘‘based the rule’’ and inserting 
‘‘based the rule or order’’; 
(2) in subsection (b)— 
(A) by striking ‘‘review a rule’’ and inserting ‘‘review 
a rule, or an order under section 4, 5(e), 5(f), or 6(i)(1),’’; 
(B) by striking ‘‘such rule’’ and inserting ‘‘such rule 
or order’’; 
(C) by striking ‘‘the rule’’ and inserting ‘‘the rule or 
order’’; 
(D) by striking ‘‘new rule’’ each place it appears and 
inserting ‘‘new rule or order’’; and 
(E) by striking ‘‘modified rule’’ and inserting ‘‘modified 
rule or order’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘a rule’’ and inserting ‘‘a rule 
or order’’; and 
(II) by striking ‘‘such rule’’ and inserting ‘‘such 
rule or order’’; 
(ii) in subparagraph (B)—
H. R. 2576—62 
(I) in the matter preceding clause (i), by 
striking ‘‘a rule’’ and inserting ‘‘a rule or order’’; 
(II) by amending clause (i) to read as follows: 
‘‘(i) in the case of review of— 
‘‘(I) a rule under section 4(a), 5(b)(4), 6(a) (including 
review of the associated determination under section 
6(b)(4)(A)), or 6(e), the standard for review prescribed by 
paragraph (2)(E) of such section 706 shall not apply and 
the court shall hold unlawful and set aside such rule if 
the court finds that the rule is not supported by substantial 
evidence in the rulemaking record taken as a whole; and 
‘‘(II) an order under section 4, 5(e), 5(f), or 6(i)(1), 
the standard for review prescribed by paragraph (2)(E) 
of such section 706 shall not apply and the court shall 
hold unlawful and set aside such order if the court finds 
that the order is not supported by substantial evidence 
in the record taken as a whole; and’’; and 
(III) by striking clauses (ii) and (iii) and the 
matter after clause (iii) and inserting the following: 
‘‘(ii) the court may not review the contents and adequacy 
of any statement of basis and purpose required by section 
553(c) of title 5, United States Code, to be incorporated in 
the rule or order, except as part of the record, taken as a 
whole.’’; and 
(iii) by striking subparagraph (C); and 
(B) in paragraph (2), by striking ‘‘any rule’’ and 
inserting ‘‘any rule or order’’. 
(n) SECTION 20.—Section 20(a)(1) of the Toxic Substances Con-
trol Act (15 U.S.C. 2619(a)(1)) is amended by striking ‘‘order issued 
under section 5’’ and inserting ‘‘order issued under section 4 or 
5’’. 
(o) SECTION 21.—Section 21 of the Toxic Substances Control 
Act (15 U.S.C. 2620) is amended— 
(1) in subsection (a), by striking ‘‘order under section 5(e) 
or (6)(b)(2)’’ and inserting ‘‘order under section 4 or 5(e) or 
(f)’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘order under section 
5(e), 6(b)(1)(A), or 6(b)(1)(B)’’ and inserting ‘‘order under 
section 4 or 5(e) or (f)’’; and 
(B) in paragraph (4)(B)— 
(i) in the matter preceding clause (i), by striking 
‘‘order under section 5(e) or 6(b)(2)’’ and inserting 
‘‘order under section 4 or 5(e) or (f)’’; 
(ii) in clause (i), by striking ‘‘order under section 
5(e)’’ and inserting ‘‘order under section 4 or 5(e)’’; 
and 
(iii) in clause (ii), by striking ‘‘section 6 or 8 or 
an order under section 6(b)(2), there is a reasonable 
basis to conclude that the issuance of such a rule 
or order is necessary to protect health or the environ-
ment against an unreasonable risk of injury to health 
or the environment’’ and inserting ‘‘section 6(a) or 8 
or an order under section 5(f), the chemical substance 
or mixture to be subject to such rule or order presents 
an unreasonable risk of injury to health or the environ-
ment, without consideration of costs or other nonrisk