Title: ETO is Toxic Act
Policy area: Environmental Protection

Summary:
Expanding Transparency of Information and Safeguarding Toxics Act of 2018 or the ETO is Toxic Act
This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants.
The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk.
Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility.
The bill requires the Department of Health and Human Services (HHS) to consult with appropriate EPA offices regarding the future schedule of assessments of chemicals to be conducted under the system, the results or existing assessments, and concerns that may merit additional review. HHS must also administer personal exposure tests for chemicals that pose a new adverse public health risk to vulnerable populations, such as children. HHS must establish a Community Outreach Division to communicate risk assessments to affected communities.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7189 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 7189

 To modernize the National Air Toxics Assessment, the Integrated Risk 
  Information System, and the Agency for Toxic Substances and Disease 
                   Registry, 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 Integrated 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expanding Transparency of 
Information and Safeguarding Toxics Act of 2018'' or the ``ETO is Toxic 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Air assessment.--The term ``Air Assessment'' 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 Environmental Protection Agency.
            (4) Information system.--The term ``Information System'' 
        means the Integrated Risk Information System of the EPA 
        Administrator.

SEC. 3. STRENGTHENING AND IMPROVING AIR ASSESSMENT.

    (a) Findings.--Congress finds that--
            (1) since 1996, the Air Assessment has helped Federal, 
        State, and local air quality specialists determine 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 Assessment is used--
                    (A) to identify locations of interest for further 
                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 Administrator shall 
publish--
            (1) an updated Air Assessment not less frequently 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 updated 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--
            (1) the Information System is a critical tool to help 
        protect public health by identifying and characterizing the 
        health hazards of chemicals found in the environment; and
            (2) assessments conducted under the Information System 
        are--
                    (A) an important source of toxicity information 
                used by--
                            (i) State and local health agencies;
                            (ii) other Federal agencies; and
                            (iii) international health organizations; 
                        and
                    (B) used--
                            (i) to inform clean-up decisions at--
                                    (I) sites on the National 
                                Priorities List developed by the 
                                President in accordance with section 
                                105(a)(8)(B) of the Comprehensive 
                                Environmental Response, Compensation, 
                                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;
                            (iii) to assess health risks from toxic air 
                        emissions; and
                            (iv) to evaluate health risks of chemicals 
                        in commerce.
    (b) Requirements.--
            (1) Assessments.--
                    (A) Consideration.--If an assessment of a chemical 
                has been conducted under the Information 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 
                                adverse public health risk, the EPA 
                                Administrator shall--
                                            (aa) consult with the 
                                        directors 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 public health risk.
                                    (II) Publication.--After completing 
                                the identification of facilities under 
                                subclause (I)(bb), the EPA 
                                Administrator shall immediately--
                                            (aa) notify Congress of the 
                                        identification; and
                                            (bb) make publicly 
                                        available a list describing 
                                        each facility identified.
                                    (III) Continuous monitoring.--The 
                                EPA Administrator shall require the 
                                continuous monitoring of each facility 
                                identified under subclause (I)(bb) for 
                                the chemical determined to have an 
                                adverse public health risk as a result 
                                of an assessment referred to in 
                                subclause (I).
                            (ii) Additional review.--
                                    (I) In general.--The EPA 
                                Administrator 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 Administrator 
                                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 director of the 
                                        applicable regional office of 
                                        the Environmental Protection 
                                        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 meaning 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 Administrator 
                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 amended--
                    (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:
            ``(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 Protection 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 thereafter.

SEC. 5. IMPROVING COORDINATION BETWEEN ENVIRONMENTAL PROTECTION AGENCY 
              AND AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY; 
              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 following:
            ``(19) Consultations required.--Not less frequently than 
        once every 90 days, the Administrator of ATSDR shall consult 
        with the Assistant Administrators for the Office of Research 
        and Development, the Office of Land and Emergency Management, 
        the Office of Air and Radiation, and the Office of Chemical 
        Safety and Pollution Prevention of the Environmental Protection 
        Agency, and the director of any other office of the 
        Environmental Protection Agency determined to be appropriate by 
        the Administrator 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 Information 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 information about health risks 
                        related to a specific site, a specific chemical 
                        release, or the presence of hazardous materials 
                        in a specific area.
                    ``(B) Determination.--On receiving information from 
                a consultation under paragraph (19) that the Integrated 
                Risk Information System of the Administrator of EPA 
                will be conducting an assessment of a chemical, the 
                Administrator of ATSDR shall determine which health 
                assessments or health consultations, as applicable, 
                need to be reevaluated if the assessment results in a 
                determination that the chemical poses a new adverse 
                public health risk.
                    ``(C) Reevaluation.--
                            ``(i) In general.--Not later than 30 days 
                        after the date on which an assessment conducted 
                        by the Integrated Risk Information 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 reevaluate each health assessment and 
                        health consultation, as applicable, identified 
                        under subparagraph (B).
                            ``(ii) Notification to congress.--Not later 
                        than 14 days after the date on which the 
                        Administrator of ATSDR begins a reevaluation 
                        under clause (i), the Administrator of ATSDR 
                        shall notify Congress that the reevaluation is 
                        being conducted.
                            ``(iii) Publication.--Not later than 30 
                        days after the date of completion of a 
                        reevaluation under clause (i), the 
                        Administrator of ATSDR shall--
                                    ``(I) publish in the Federal 
                                Register any revisions to a health 
                                assessment or a health consultation, as 
                                applicable, as a result of the 
                                reevaluation; and
                                    ``(II) notify Congress of the 
                                revisions described in subclause (I).
            ``(21) Personal exposure testing.--The Administrator of 
        ATSDR, in coordination with the Administrator, shall administer 
        personal exposure tests for a chemical that has a new adverse 
        public health risk as described in paragraph (20)(B)(i), as 
        available, to vulnerable populations, including children and 
        the elderly.
            ``(22) Community outreach division.--
                    ``(A) Establishment.--The Administrator of ATSDR 
                shall establish within the Office of Communication of 
                ATSDR a division, to be known as the `Community 
                Outreach Division'.
                    ``(B) Purpose.--The purpose of the of the Community 
                Outreach Division shall be--
                            ``(i) to include communities when 
                        determining the priority of chemicals to 
                        undergo review by ATSDR; and
                            ``(ii) to communicate risk assessments to 
                        affected communities.
            ``(23) Authorization of appropriations.--There is 
        authorized to be appropriated $70,000,000 to carry out the 
        duties of the ATSDR for fiscal year 2019 and each fiscal year 
        thereafter.''.

SEC. 6. DATA SAMPLING.

    If the ATSDR Administrator requests the EPA Administrator to 
conduct a sample for a chemical that poses an adverse public health 
risk and the EPA Administrator rejects that request, the EPA 
Administrator shall submit to Congress a notice describing--
            (1) the request; and
            (2) the reasons for rejecting the request.
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