I 
116TH CONGRESS 
1ST SESSION H. R. 1165 
To modernize the National Air Toxics Assessment, the Integrated Risk Infor-
mation System, and the Agency for Toxic Substances and Disease Reg-
istry, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2019 
Mr. FOSTER (for himself, Mr. LIPINSKI, Mr. SCHNEIDER, and Mr. CASTEN 
of Illinois) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To modernize the National Air Toxics Assessment, the Inte-
grated Risk Information System, and the Agency for 
Toxic Substances and Disease Registry, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Expanding Trans-
parency of Information and Safeguarding Toxics Act of 
2019’’ or the ‘‘ETO is Toxic Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) AIR ASSESSMENT.—The term ‘‘Air Assess-
ment’’ means the National Air Toxics Assessment 
published by the EPA Administrator. 
(2) 
ATSDR 
ADMINISTRATOR.—The 
term 
‘‘ATSDR Administrator’’ means the Administrator 
of the Agency for Toxic Substances and Disease 
Registry of the Department of Health and Human 
Services. 
(3) EPA ADMINISTRATOR.—The term ‘‘EPA 
Administrator’’ means the Administrator of the En-
vironmental Protection Agency. 
(4) INFORMATION SYSTEM.—The term ‘‘Infor-
mation System’’ means the Integrated Risk Informa-
tion System of the EPA Administrator. 
SEC. 3. STRENGTHENING AND IMPROVING AIR ASSESS-
MENT. 
(a) FINDINGS.—Congress finds that— 
(1) since 1996, the Air Assessment has helped 
Federal, State, and local air quality specialists deter-
mine which air toxics and emission source types may 
raise health risks in certain communities; 
(2) the Air Assessment is released every 3 
years, and the data in the National Air Toxics As-
sessment is used— 
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(A) to identify locations of interest for fur-
ther study; 
(B) to prioritize pollutants and emission 
sources; and 
(C) to inform monitoring programs; and 
(3) the Air Assessment is a key public health 
tool that helps reduce cancer risks and other serious 
health effects. 
(b) PUBLICATION REQUIREMENTS.—The EPA Ad-
ministrator shall publish— 
(1) an updated Air Assessment not less fre-
quently than once every 2 years; 
(2) each updated Air Assessment described in 
paragraph (1) not later than 180 days after the date 
on which the data for the Air Assessment have been 
finalized by the EPA Administrator; and 
(3) a report describing the results of each up-
dated Air Assessment in the Federal Register. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $20,000,000 to the EPA 
Administrator to carry out the Air Assessment for fiscal 
year 2020 and each fiscal year thereafter. 
SEC. 4. ENSURING TIMELY REVIEW OF PUBLIC HEALTH 
RISKS THROUGH INFORMATION SYSTEM. 
(a) FINDINGS.—Congress finds that— 
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(1) the Information System is a critical tool to 
help protect public health by identifying and charac-
terizing the health hazards of chemicals found in the 
environment; and 
(2) assessments conducted under the Informa-
tion System are— 
(A) an important source of toxicity infor-
mation used by— 
(i) State and local health agencies; 
(ii) other Federal agencies; and 
(iii) international health organiza-
tions; and 
(B) used— 
(i) to inform clean-up decisions at— 
(I) sites on the National Prior-
ities List developed by the President 
in 
accordance 
with 
section 
105(a)(8)(B) of the Comprehensive 
Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 
U.S.C. 9605(a)(8)(B)); and 
(II) other contaminated sites; 
(ii) to set standards to ensure clean 
drinking water; 
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(iii) to assess health risks from toxic 
air emissions; and 
(iv) to evaluate health risks of chemi-
cals in commerce. 
(b) REQUIREMENTS.— 
(1) ASSESSMENTS.— 
(A) CONSIDERATION.—If an assessment of 
a chemical has been conducted under the Infor-
mation System, the EPA Administrator shall 
take into consideration the data obtained by 
that assessment when conducting a rulemaking 
with respect to that chemical. 
(B) RELEASE.—Not later than 180 days 
after the date on which an assessment of a 
chemical is completed under the Information 
System, the EPA Administrator shall publish 
the assessment in the Federal Register. 
(C) ADDITIONAL REVIEW.— 
(i) IDENTIFICATION.— 
(I) IN GENERAL.—Not later than 
60 days after the date on which an 
assessment of a chemical is completed 
under the Information System that 
determines that the chemical poses an 
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adverse public health risk, the EPA 
Administrator shall— 
(aa) consult with the direc-
tors of the regional offices of the 
Environmental Protection Agency 
regarding the determination; and 
(bb) identify each facility 
that is a significant source of the 
chemical to determine whether 
the facility poses an adverse pub-
lic health risk. 
(II) PUBLICATION.—After com-
pleting the identification of facilities 
under subclause (I)(bb), the EPA Ad-
ministrator shall immediately— 
(aa) notify Congress of the 
identification; and 
(bb) make publicly available 
a list describing each facility 
identified. 
(III) 
CONTINUOUS
MONI-
TORING.—The 
EPA 
Administrator 
shall require the continuous moni-
toring of each facility identified under 
subclause (I)(bb) for the chemical de-
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termined to have an adverse public 
health risk as a result of an assess-
ment referred to in subclause (I). 
(ii) ADDITIONAL REVIEW.— 
(I) IN GENERAL.—The EPA Ad-
ministrator shall examine each facility 
identified under clause (i)(I)(bb) to 
determine whether the facility poses 
an adverse public health risk. 
(II) NOTIFICATION.—Not later 
than 7 days after the EPA Adminis-
trator completes the additional review 
under subclause (I)— 
(aa) the EPA Administrator 
shall— 
(AA) publish the results 
of the additional review; and 
(BB) notify Congress of 
the 
results 
described 
in 
subitem (AA); and 
(bb) on a determination that 
the applicable facility poses an 
adverse public health risk, the di-
rector of the applicable regional 
office of the Environmental Pro-
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