I 
115TH CONGRESS 
2D SESSION 
H. R. 7189 
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 
NOVEMBER 29, 2018 
Mr. FOSTER (for himself, Mr. LIPINSKI, and Mr. SCHNEIDER) introduced the 
following bill; which was referred to the Committee 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 
2018’’ 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 2019 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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tection Agency shall notify each 
affected State and local public 
health official and the public of 
the adverse public health risk. 
(D) APPROVAL OF MAXIMUM ACHIEVABLE 
CONTROL
TECHNOLOGY.—If 
a 
maximum 
achievable control technology (within the mean-
ing of the Clean Air Act (42 U.S.C. 7401 et 
seq.)) is available for a facility identified under 
subparagraph (C)(i)(I)(bb), the EPA Adminis-
trator shall expedite the permitting of that 
maximum achievable control technology at the 
facility. 
(2) TOXICS
RELEASE
INVENTORY.—Section 
313(c) of the Emergency Planning and Community 
Right-To-Know Act (42 U.S.C. 11023(c)) is amend-
ed— 
(A) by striking the period at the end and 
inserting ‘‘; and’’; 
(B) by striking ‘‘are those chemicals’’ and 
inserting the following: ‘‘are— 
‘‘(1) those chemicals’’; and 
(C) by adding at the end the following: 
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‘‘(2) chemicals identified as carcinogenic by an 
assessment under the Integrated Risk Information 
System of the Administrator.’’. 
(c) PROHIBITION.—The EPA Administrator may not 
transfer the Information System outside of the Office of 
Research and Development of the Environmental Protec-
tion Agency. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $20,000,000 to the EPA 
Administrator to carry out the duties of the Information 
System for fiscal year 2019 and each fiscal year there-
after. 
SEC. 5. IMPROVING COORDINATION BETWEEN ENVIRON-
MENTAL PROTECTION AGENCY AND AGENCY 
FOR TOXIC SUBSTANCES AND DISEASE REG-
ISTRY; COMMUNITY OUTREACH DIVISION. 
Section 104(i) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(i)) is amended by adding at the end the fol-
lowing: 
‘‘(19) CONSULTATIONS
REQUIRED.—Not less 
frequently than once every 90 days, the Adminis-
trator of ATSDR shall consult with the Assistant 
Administrators for the Office of Research and Devel-
opment, the Office of Land and Emergency Manage-
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ment, the Office of Air and Radiation, and the Of-
fice of Chemical Safety and Pollution Prevention of 
the Environmental Protection Agency, and the direc-
tor of any other office of the Environmental Protec-
tion Agency determined to be appropriate by the Ad-
ministrator of ATSDR, regarding— 
‘‘(A) the future schedule of assessments of 
chemicals to be conducted under the Integrated 
Risk Information System of the Administrator 
of EPA; 
‘‘(B) the results of existing assessments 
conducted under the Integrated Risk Informa-
tion System of the Administrator of EPA; and 
‘‘(C) the concerns of the Administrator of 
ATSDR that merit additional review, if any. 
‘‘(20) REASSESSMENTS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) 
HEALTH
ASSESSMENT.—The 
term ‘health assessment’ means a health 
assessment completed by the Administrator 
of ATSDR under paragraph (6). 
‘‘(ii) HEALTH
CONSULTATION.—The 
term ‘health consultation’ means a written 
response 
from 
the 
Administrator 
of 
ATSDR to a specific request for informa-
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tion about health risks related to a specific 
site, a specific chemical release, or the 
presence of hazardous materials in a spe-
cific area. 
‘‘(B) DETERMINATION.—On receiving in-
formation from a consultation under paragraph 
(19) that the Integrated Risk Information Sys-
tem of the Administrator of EPA will be con-
ducting an assessment of a chemical, the Ad-
ministrator of ATSDR shall determine which 
health assessments or health consultations, as 
applicable, need to be reevaluated if the assess-
ment results in a determination that the chem-
ical poses a new adverse public health risk. 
‘‘(C) REEVALUATION.— 
‘‘(i) IN GENERAL.—Not later than 30 
days after the date on which an assess-
ment conducted by the Integrated Risk In-
formation System of the Administrator of 
EPA results in a determination that a 
chemical has a new adverse public health 
risk, the Administrator of ATSDR shall re-
evaluate each health assessment and health 
consultation, as applicable, identified under 
subparagraph (B). 
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