H. R. 2576—3 
‘‘(2) ADDITIONAL TESTING AUTHORITY.—In addition to the 
authority provided under paragraph (1), the Administrator may, 
by rule, order, or consent agreement— 
‘‘(A) require the development of new information 
relating to a chemical substance or mixture if the Adminis-
trator determines that the information is necessary— 
‘‘(i) to review a notice under section 5 or to perform 
a risk evaluation under section 6(b); 
‘‘(ii) to implement a requirement imposed in a 
rule, order, or consent agreement under subsection 
(e) or (f) of section 5 or in a rule promulgated under 
section 6(a); 
‘‘(iii) at the request of a Federal implementing 
authority under another Federal law, to meet the regu-
latory testing needs of that authority with regard to 
toxicity and exposure; or 
‘‘(iv) pursuant to section 12(a)(2); and 
‘‘(B) require the development of new information for 
the purposes of prioritizing a chemical substance under 
section 6(b) only if the Administrator determines that such 
information is necessary to establish the priority of the 
substance, subject to the limitations that— 
‘‘(i) not later than 90 days after the date of receipt 
of information regarding a chemical substance com-
plying with a rule, order, or consent agreement under 
this subparagraph, the Administrator shall designate 
the chemical substance as a high-priority substance 
or a low-priority substance; and 
‘‘(ii) information required by the Administrator 
under this subparagraph shall not be required for the 
purposes of establishing or implementing a minimum 
information requirement of broader applicability. 
‘‘(3) STATEMENT OF NEED.—When requiring the develop-
ment of new information relating to a chemical substance or 
mixture under paragraph (2), the Administrator shall identify 
the need for the new information, describe how information 
reasonably available to the Administrator was used to inform 
the decision to require new information, explain the basis for 
any decision that requires the use of vertebrate animals, and, 
as applicable, explain why issuance of an order is warranted 
instead of promulgating a rule or entering into a consent agree-
ment. 
‘‘(4) TIERED TESTING.—When requiring the development of 
new information under this subsection, the Administrator shall 
employ a tiered screening and testing process, under which 
the results of screening-level tests or assessments of available 
information inform the decision as to whether 1 or more addi-
tional tests are necessary, unless information available to the 
Administrator justifies more advanced testing of potential 
health or environmental effects or potential exposure without 
first conducting screening-level testing.’’; 
(3) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by striking ‘‘test data’’ 
and inserting ‘‘information’’; 
(ii) in subparagraph (C), by striking ‘‘data’’ and 
inserting ‘‘information’’; and
H. R. 2576—4 
(iii) in the matter following subparagraph (C), by 
striking ‘‘data’’ and inserting ‘‘information’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘test data’’ and inserting 
‘‘information’’; 
(II) by inserting ‘‘Protocols and methodologies 
for the development of information may also be 
prescribed for the assessment of exposure or expo-
sure potential to humans or the environment.’’ 
after the first sentence; and 
(III) by striking ‘‘hierarchical tests’’ and 
inserting ‘‘tiered testing’’; and 
(ii) in subparagraph (B), by striking ‘‘data’’ and 
inserting ‘‘information’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘data’’ each place it appears and 
inserting ‘‘information’’; 
(ii) in subparagraph (A), by inserting ‘‘or (C), as 
applicable,’’ after ‘‘subparagraph (B)’’; 
(iii) by striking ‘‘(a)(1)(A)(ii) or (a)(1)(B)(ii)’’ each 
place it appears in subparagraph (B) and inserting 
‘‘(a)(1)(A)(i)(II) or (a)(1)(A)(ii)(II)’’; 
(iv) in subparagraph (B), in the matter before 
clause (i), by striking ‘‘subsection (a)’’ and inserting 
‘‘subsection (a)(1)’’; and 
(v) by adding at the end the following: 
‘‘(C) A rule or order under paragraph (1) or (2) of subsection 
(a) may require the development of information by any person 
who manufactures or processes, or intends to manufacture or 
process, a chemical substance or mixture subject to the rule or 
order.’’; 
(D) in paragraph (4)— 
(i) by striking ‘‘of data’’ each place it appears and 
inserting ‘‘of information’’; and 
(ii) by striking ‘‘test data’’ each place it appears 
and inserting ‘‘information’’; and 
(E) by striking paragraph (5); 
(4) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘data’’ and inserting 
‘‘information’’; 
(B) in paragraph (2), by striking ‘‘data’’ each place 
it appears and inserting ‘‘information’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘test data’’ each place it appears 
and inserting ‘‘information’’; and 
(ii) by striking ‘‘such data’’ each place it appears 
and inserting ‘‘such information’’; and 
(D) in paragraph (4) by striking ‘‘test data’’ each place 
it appears and inserting ‘‘information’’; 
(5) in subsection (d)— 
(A) by striking ‘‘test data’’ each place it appears and 
inserting ‘‘information’’; 
(B) by striking ‘‘such data’’ each place it appears and 
inserting ‘‘such information’’; and 
(C) by striking ‘‘for which data have’’ and inserting 
‘‘for which information has’’;
H. R. 2576—5 
(6) in subsection (e)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘promulgation of a rule’’ and 
inserting ‘‘development of information’’; and 
(II) by striking ‘‘data’’ each place it appears 
and inserting ‘‘information’’; and 
(ii) in subparagraph (B), by striking ‘‘either initiate 
a rulemaking proceeding under subsection (a) or if 
such a proceeding is not initiated within such period, 
publish in the Federal Register the Administrator’s 
reason for not initiating such a proceeding’’ and insert 
‘‘issue an order, enter into a consent agreement, or 
initiate a rulemaking proceeding under subsection (a), 
or, if such an order or consent agreement is not issued 
or such a proceeding is not initiated within such period, 
publish in the Federal Register the Administrator’s 
reason for not issuing such an order, entering into 
such a consent agreement, or initiating such a pro-
ceeding’’; and 
(B) in paragraph (2)(A)— 
(i) by striking ‘‘eight members’’ and inserting ‘‘ten 
members’’; and 
(ii) by adding at the end the following: 
‘‘(ix) One member appointed by the Chairman of the Con-
sumer Product Safety Commission from Commissioners or 
employees of the Commission. 
‘‘(x) One member appointed by the Commissioner of Food 
and Drugs from employees of the Food and Drug Administra-
tion.’’; 
(7) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘test data’’ and 
inserting ‘‘information’’; and 
(B) in the matter following paragraph (2)— 
(i) by striking ‘‘or will present’’; 
(ii) by striking ‘‘from cancer, gene mutations, or 
birth defects’’; 
(iii) by striking ‘‘data or’’; 
(iv) by striking ‘‘appropriate’’ and inserting 
‘‘applicable’’; and 
(v) by inserting ‘‘, made without consideration of 
costs or other nonrisk factors,’’ after ‘‘publish in the 
Federal Register a finding’’; 
(8) in subsection (g)— 
(A) by amending the subsection heading to read as 
follows: ‘‘PETITION FOR PROTOCOLS AND METHODOLOGIES 
FOR THE DEVELOPMENT OF INFORMATION’’; 
(B) by striking ‘‘test data’’ each place it appears and 
inserting ‘‘information’’; and 
(C) by striking ‘‘submit data’’ and inserting ‘‘submit 
information’’; and 
(9) by adding at the end the following: 
‘‘(h) REDUCTION OF TESTING ON VERTEBRATES.— 
‘‘(1) IN
GENERAL.—The Administrator shall reduce and 
replace, to the extent practicable, scientifically justified, and 
consistent with the policies of this title, the use of vertebrate
H. R. 2576—6 
animals in the testing of chemical substances or mixtures under 
this title by— 
‘‘(A) prior to making a request or adopting a require-
ment for testing using vertebrate animals, and in accord-
ance with subsection (a)(3), taking into consideration, as 
appropriate and to the extent practicable and scientifically 
justified, 
reasonably 
available 
existing 
information, 
including— 
‘‘(i) toxicity information; 
‘‘(ii) computational toxicology and bioinformatics; 
and 
‘‘(iii) high-throughput screening methods and the 
prediction models of those methods; and 
‘‘(B) encouraging and facilitating— 
‘‘(i) the use of scientifically valid test methods and 
strategies that reduce or replace the use of vertebrate 
animals while providing information of equivalent or 
better scientific quality and relevance that will support 
regulatory decisions under this title; 
‘‘(ii) the grouping of 2 or more chemical substances 
into scientifically appropriate categories in cases in 
which testing of a chemical substance would provide 
scientifically valid and useful information on other 
chemical substances in the category; and 
‘‘(iii) the formation of industry consortia to jointly 
conduct testing to avoid unnecessary duplication of 
tests, provided that such consortia make all informa-
tion from such testing available to the Administrator. 
‘‘(2) IMPLEMENTATION OF ALTERNATIVE TESTING METHODS.— 
To promote the development and timely incorporation of new 
scientifically valid test methods and strategies that are not 
based on vertebrate animals, the Administrator shall— 
‘‘(A) not later than 2 years after the date of enactment 
of the Frank R. Lautenberg Chemical Safety for the 21st 
Century Act, develop a strategic plan to promote the 
development and implementation of alternative test 
methods and strategies to reduce, refine, or replace 
vertebrate animal testing and provide information of 
equivalent or better scientific quality and relevance for 
assessing risks of injury to health or the environment of 
chemical substances or mixtures through, for example— 
‘‘(i) computational toxicology and bioinformatics; 
‘‘(ii) high-throughput screening methods; 
‘‘(iii) testing of categories of chemical substances; 
‘‘(iv) tiered testing methods; 
‘‘(v) in vitro studies; 
‘‘(vi) systems biology; 
‘‘(vii) new or revised methods identified by valida-
tion bodies such as the Interagency Coordinating Com-
mittee on the Validation of Alternative Methods or 
the Organization for Economic Co-operation and 
Development; or 
‘‘(viii) industry consortia that develop information 
submitted under this title; 
‘‘(B) as practicable, ensure that the strategic plan devel-
oped under subparagraph (A) is reflected in the develop-
ment of requirements for testing under this section;
H. R. 2576—7 
‘‘(C) include in the strategic plan developed under 
subparagraph (A) a list, which the Administrator shall 
update on a regular basis, of particular alternative test 
methods or strategies the Administrator has identified that 
do not require new vertebrate animal testing and are sci-
entifically reliable, relevant, and capable of providing 
information of equivalent or better scientific reliability and 
quality to that which would be obtained from vertebrate 
animal testing; 
‘‘(D) provide an opportunity for public notice and com-
ment on the contents of the plan developed under subpara-
graph (A), including the criteria for considering scientific 
reliability and relevance of the test methods and strategies 
that may be identified pursuant to subparagraph (C); 
‘‘(E) beginning on the date that is 5 years after the 
date of enactment of the Frank R. Lautenberg Chemical 
Safety for the 21st Century Act, and every 5 years there-
after, submit to Congress a report that describes the 
progress made in implementing the plan developed under 
subparagraph (A) and goals for future alternative test 
methods and strategies implementation; and 
‘‘(F) prioritize and, to the extent consistent with avail-
able resources and the Administrator’s other responsibil-
ities under this title, carry out performance assessment, 
validation, and translational studies to accelerate the 
development of scientifically valid test methods and strate-
gies that reduce, refine, or replace the use of vertebrate 
animals, including minimizing duplication, in any testing 
under this title. 
‘‘(3) VOLUNTARY TESTING.— 
‘‘(A) IN GENERAL.—Any person developing information 
for submission under this title on a voluntary basis and 
not pursuant to any request or requirement by the Adminis-
trator shall first attempt to develop the information by 
means of an alternative test method or strategy identified 
by the Administrator pursuant to paragraph (2)(C), if the 
Administrator has identified such a test method or strategy 
for the development of such information, before conducting 
new vertebrate animal testing. 
‘‘(B) EFFECT
OF
PARAGRAPH.—Nothing in this para-
graph shall, under any circumstance, limit or restrict the 
submission of any existing information to the Adminis-
trator. 
‘‘(C) RELATIONSHIP TO OTHER LAW.—A violation of this 
paragraph shall not be a prohibited act under section 15. 
‘‘(D) REVIEW OF MEANS.—This paragraph authorizes, 
but does not require, the Administrator to review the means 
by which a person conducted testing described in subpara-
graph (A).’’. 
SEC. 5. MANUFACTURING AND PROCESSING NOTICES. 
Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)—
H. R. 2576—8 
(i) by striking ‘‘Except as provided in’’ and inserting 
‘‘(A) Except as provided in subparagraph (B) of this 
paragraph and’’; 
(ii) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively; 
(iii) by striking all that follows ‘‘significant new 
use’’ and inserting a period; and 
(iv) by adding at the end the following: 
‘‘(B) A person may take the actions described in subpara-
graph (A) if— 
‘‘(i) such person submits to the Administrator, at least 
90 days before such manufacture or processing, a notice, 
in accordance with subsection (d), of such person’s intention 
to manufacture or process such substance and such person 
complies with any applicable requirement of, or imposed 
pursuant to, subsection (b), (e), or (f); and 
‘‘(ii) the Administrator— 
‘‘(I) conducts a review of the notice; and 
‘‘(II) makes a determination under subparagraph 
(A), (B), or (C) of paragraph (3) and takes the actions 
required in association with that determination under 
such subparagraph within the applicable review 
period.’’; and 
(B) by adding at the end the following new paragraphs: 
‘‘(3) REVIEW AND DETERMINATION.—Within the applicable 
review period, subject to section 18, the Administrator shall 
review such notice and determine— 
‘‘(A) that the relevant chemical substance or significant 
new use presents an unreasonable risk of injury to health 
or the environment, without consideration of costs or other 
nonrisk factors, including an unreasonable risk to a poten-
tially exposed or susceptible subpopulation identified as 
relevant by the Administrator under the conditions of use, 
in which case the Administrator shall take the actions 
required under subsection (f); 
‘‘(B) that— 
‘‘(i) the information available to the Administrator 
is insufficient to permit a reasoned evaluation of the 
health and environmental effects of the relevant chem-
ical substance or significant new use; or 
‘‘(ii)(I) in the absence of sufficient information to 
permit the Administrator to make such an evaluation, 
the manufacture, processing, distribution in commerce, 
use, or disposal of such substance, or any combination 
of such activities, may present 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 suscep-
tible subpopulation identified as relevant by the 
Administrator; or 
‘‘(II) such substance is or will be produced in 
substantial quantities, and such substance either 
enters or may reasonably be anticipated to enter the 
environment in substantial quantities or there is or 
may be significant or substantial human exposure to 
the substance,
H. R. 2576—9 
in which case the Administrator shall take the actions 
required under subsection (e); or 
‘‘(C) that the relevant chemical substance or significant 
new use is not likely to present an unreasonable risk 
of injury to health or the environment, without consider-
ation of costs or other nonrisk factors, including an 
unreasonable risk to a potentially exposed or susceptible 
subpopulation identified as relevant by the Administrator 
under the conditions of use, in which case the submitter 
of the notice may commence manufacture of the chemical 
substance or manufacture or processing for a significant 
new use. 
‘‘(4) FAILURE TO RENDER DETERMINATION.— 
‘‘(A) FAILURE
TO
RENDER
DETERMINATION.—If the 
Administrator fails to make a determination on a notice 
under paragraph (3) by the end of the applicable review 
period and the notice has not been withdrawn by the sub-
mitter, the Administrator shall refund to the submitter 
all applicable fees charged to the submitter for review 
of the notice pursuant to section 26(b), and the Adminis-
trator shall not be relieved of any requirement to make 
such determination. 
‘‘(B) LIMITATIONS.—(i) A refund of applicable fees under 
subparagraph (A) shall not be made if the Administrator 
certifies that the submitter has not provided information 
required under subsection (b) or has otherwise unduly 
delayed the process such that the Administrator is unable 
to render a determination within the applicable review 
period. 
‘‘(ii) A failure of the Administrator to render a decision 
shall not be deemed to constitute a withdrawal of the 
notice. 
‘‘(iii) Nothing in this paragraph shall be construed 
as relieving the Administrator or the submitter of the 
notice from any requirement of this section. 
‘‘(5) ARTICLE
CONSIDERATION.—The Administrator may 
require notification under this section for the import or proc-
essing of a chemical substance as part of an article or category 
of articles under paragraph (1)(A)(ii) if the Administrator makes 
an affirmative finding in a rule under paragraph (2) that the 
reasonable potential for exposure to the chemical substance 
through the article or category of articles subject to the rule 
justifies notification.’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking ‘‘TEST DATA’’ 
and inserting ‘‘INFORMATION’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘test data’’ and inserting 
‘‘information’’; and 
(II) by striking ‘‘such data’’ and inserting ‘‘such 
information’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘test data’’ and inserting 
‘‘information’’; 
(II) by striking ‘‘subsection (a)(1)(A)’’ and 
inserting ‘‘subsection (a)(1)(A)(i)’’; and
H. R. 2576—10 
(III) by striking ‘‘subsection (a)(1)(B)’’ and 
inserting ‘‘subsection (a)(1)(A)(ii)’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘test data’’ in clause (ii) and 
inserting ‘‘information’’; 
(II) by striking ‘‘shall’’ and inserting ‘‘may’’; 
and 
(III) 
by 
striking 
‘‘data 
prescribed’’ 
and 
inserting ‘‘information prescribed’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘Data’’ and inserting ‘‘Informa-
tion’’; 
(II) by striking ‘‘data’’ both places it appears 
and inserting ‘‘information’’; 
(III) by striking ‘‘show’’ and inserting ‘‘shows’’; 
(IV) by striking ‘‘subsection (a)(1)(A)’’ in clause 
(i) and inserting ‘‘subsection (a)(1)(A)(i)’’; and 
(V) by striking ‘‘subsection (a)(1)(B)’’ in clause 
(ii) and inserting ‘‘subsection (a)(1)(A)(ii)’’; 
(D) in paragraph (3)— 
(i) by striking ‘‘Data’’ and inserting ‘‘Information’’; 
and 
(ii) by striking ‘‘paragraph (1) or (2)’’ and inserting 
‘‘paragraph (1) or (2) of this subsection or under sub-
section (e)’’; and 
(E) in paragraph (4)— 
(i) in subparagraph (A)(i), by inserting ‘‘, without 
consideration of costs or other nonrisk factors’’ after 
‘‘health or the environment’’; and 
(ii) in subparagraph (C), by striking ‘‘, except that’’ 
and all that follows through ‘‘subparagraph (A)’’; 
(3) in subsection (c)— 
(A) in the subsection heading, by striking ‘‘NOTICE’’ 
and inserting ‘‘REVIEW’’; and 
(B) by striking ‘‘before which’’ and all that follows 
through ‘‘subsection may begin’’; 
(4) in subsection (d)— 
(A) by striking ‘‘test data’’ in paragraph (1)(B) and 
inserting ‘‘information’’; 
(B) by striking ‘‘data’’ each place it appears in para-
graph (1)(C) and paragraph (2) and inserting ‘‘information’’; 
(C) in paragraph (2)(B), by striking ‘‘uses or intended 
uses of such substance’’ and inserting ‘‘uses of such sub-
stance identified in the notice’’; and 
(D) in paragraph (3)— 
(i) by striking ‘‘for which the notification period 
prescribed by subsection (a), (b), or (c)’’ and inserting 
‘‘for which the applicable review period’’; and 
(ii) by striking ‘‘such notification period’’ and 
inserting ‘‘such period’’; 
(5) in subsection (e)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by striking ‘‘; and’’ and inserting 
‘‘; or’’; 
(ii) in clause (ii)(I), by inserting ‘‘without consider-
ation of costs or other nonrisk factors, including an
H. R. 2576—11 
unreasonable risk to a potentially exposed subpopula-
tion identified as relevant by the Administrator under 
the conditions of use;’’ after ‘‘health or the environ-
ment,’’; and 
(iii) in the matter after clause (ii)(II)— 
(I) by striking ‘‘may issue a proposed order’’ 
and inserting ‘‘shall issue an order’’; 
(II) by striking ‘‘notification period applicable 
to the manufacturing or processing of such sub-
stance under subsection (a), (b), (c)’’ and inserting 
‘‘applicable review period’’; and 
(III) by inserting ‘‘to the extent necessary to 
protect against an unreasonable risk of injury to 
health or the environment, without consideration 
of costs or other nonrisk factors, including an 
unreasonable risk to a potentially exposed or 
susceptible subpopulation identified as relevant by 
the Administrator under the conditions of use, and 
the submitter of the notice may commence manu-
facture of the chemical substance, or manufacture 
or processing of the chemical substance for a 
significant new use, including while any required 
information is being developed, only in compliance 
with the order’’ before the period at the end; 
(B) in paragraph (1)(B)— 
(i) by striking ‘‘A proposed order’’ and inserting 
‘‘An order’’; 
(ii) by striking ‘‘notification period applicable to 
the manufacture or processing of such substance under 
subsection (a), (b), (c)’’ and inserting ‘‘applicable review 
period’’; and 
(iii) by striking ‘‘of the proposed order’’ and 
inserting ‘‘of the order’’; 
(C) by striking paragraph (1)(C); and 
(D) by striking paragraph (2); 
(6) in subsection (f)— 
(A) in paragraph (1)— 
(i) by striking ‘‘finds that there is a reasonable 
basis to conclude that the manufacture, processing, 
distribution in commerce, use, or disposal of a chemical 
substance with’’ and inserting ‘‘determines that a 
chemical substance or significant new use with’’; 
(ii) by striking ‘‘, or that any combination of such 
activities,’’; 
(iii) by striking ‘‘or will present’’; 
(iv) by striking ‘‘before a rule promulgated under 
section 6 can protect against such risk,’’ and inserting 
‘‘, without consideration of costs or other nonrisk fac-
tors, including an unreasonable risk to a potentially 
exposed subpopulation identified as relevant by the 
Administrator under the conditions of use,’’; and 
(v) by striking ‘‘notification period applicable under 
subsection (a), (b), or (c) to the manufacturing or proc-
essing of such substance’’ and inserting ‘‘applicable 
review period’’;
H. R. 2576—12 
(B) in paragraph (2), the matter following subpara-
graph (C), by striking ‘‘Section 6(d)(2)(B)’’ and inserting 
‘‘Section 6(d)(3)(B)’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘Administrator may’’ and all 
that follows through ‘‘issue a proposed order to 
prohibit the’’ and inserting ‘‘Administrator may 
issue an order to prohibit or limit the’’; and 
(II) by striking ‘‘under paragraph (1)’’ and all 
that follows through ‘‘processing of such sub-
stance.’’ and inserting ‘‘under paragraph (1). Such 
order shall take effect on the expiration of the 
applicable review period.’’; 
(ii) by striking subparagraph (B) and redesignating 
subparagraph (C) as subparagraph (B); 
(iii) in subparagraph (B), as so redesignated— 
(I) by striking ‘‘subparagraphs (B) and (C)’’ 
and inserting ‘‘subparagraph (B)’’; 
(II) by striking ‘‘clause (i) of’’; and 
(III) by striking ‘‘; and the provisions of 
subparagraph (C) of subsection (e)(2) shall apply 
with respect to an injunction issued under 
subparagraph (B)’’; and 
(iv) by striking subparagraph (D); and 
(D) by adding at the end the following: 
‘‘(4) TREATMENT OF NONCONFORMING USES.—Not later than 
90 days after taking an action under paragraph (2) or (3) 
or issuing an order under subsection (e) relating to a chemical 
substance with respect to which the Administrator has made 
a determination under subsection (a)(3)(A) or (B), the Adminis-
trator shall consider whether to promulgate a rule pursuant 
to subsection (a)(2) that identifies as a significant new use 
any manufacturing, processing, use, distribution in commerce, 
or disposal of the chemical substance that does not conform 
to the restrictions imposed by the action or order, and, as 
applicable, initiate such a rulemaking or publish a statement 
describing the reasons of the Administrator for not initiating 
such a rulemaking. 
‘‘(5) WORKPLACE
EXPOSURES.—To the extent practicable, 
the Administrator shall consult with the Assistant Secretary 
of Labor for Occupational Safety and Health prior to adopting 
any prohibition or other restriction relating to a chemical sub-
stance with respect to which the Administrator has made a 
determination under subsection (a)(3)(A) or (B) to address work-
place exposures.’’; 
(7) by amending subsection (g) to read as follows: 
‘‘(g) STATEMENT ON ADMINISTRATOR FINDING.—If the Adminis-
trator finds in accordance with subsection (a)(3)(C) that a chemical 
substance or significant new use is not likely to present an 
unreasonable risk of injury to health or the environment, then 
notwithstanding any remaining portion of the applicable review 
period, the submitter of the notice may commence manufacture 
of the chemical substance or manufacture or processing for the 
significant new use, and the Administrator shall make public a 
statement of the Administrator’s finding. Such a statement shall 
be submitted for publication in the Federal Register as soon as