Detailed Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Problem:SECTION 1. SHORT TITLE.

This Act may be cited as the ''Decabromine Elimination and Control
Act of 2009''.

SEC. 2. BAN ON DECABDE, DECABDE MIXTURES, AND DECABDE PRODUCTS.

Beginning January 1, 2013, it shall be unlawful for any entity to
produce for distribution in commerce, distribute in commerce, import,
or export--
(1) decaBDE;
(2) decaBDE mixtures; or
(3) decaBDE products.

SEC. 3. PHASING IN OF BAN.

(a) Report of DecaBDE Activity During 2009.--Not later than 90 days
after the date of enactment of this Act, each entity who, during 2009,
engaged in any activity that will be prohibited under paragraph (1) or
(2) of section 2 shall report to the Administrator of the Environmental
Protection Agency (hereinafter in this Act referred to as the
''Administrator''), in such form and detail as the Administrator
requires in order to carry out this Act, the following:
(1) Each such activity engaged in with regard to decaBDE,
including the amount of decaBDE used in that activity.
(2) Each such activity engaged in with regard to decaBDE
mixtures, including the amount of such mixtures used in that
activity.
(b) Establishment of Quotas for Each Entity.--Not later than 15
days after receiving a report from an entity under subsection (a), the
Administrator shall establish an annual quota for that entity for each
activity that entity reports, in accordance with the following:
(1) For activities with regard to decaBDE, each such annual
quota shall be equal to the amount of decaBDE reported to have
been used in that activity.
(2) For activities with regard to decaBDE mixtures, each
such annual quota shall be equal to the amount of such mixtures
reported to have been used in that activity.
(c) Only Entities With Quotas Able To Engage in Activities.--Not
later than 90 days after the date of enactment of this Act, it shall be
unlawful for any entity to engage in an activity that will be
prohibited under paragraph (1) or (2) of section 2 if the Administrator
has not established an annual quota for that entity for that activity.
(d) Annual Quotas.--During each year shown on the left column of
the table below, it shall be unlawful for any entity to engage in an
activity with regard to an amount of decaBDE or decaBDE mixture that
exceeds the percentage, shown on the right column of the table below,
of the annual quota established for that entity for that activity:

2010................................. 100 percent
2011................................. 66 percent
2012................................. 33 percent.

SEC. 4. REPORTING DURING PHASE OUT.

Beginning on the date that is 1 year after the date on which an
entity reports an activity under section 3(a), that entity shall submit
to the Administrator an annual report on that activity, in such manner
as the Administrator determines appropriate.

SEC. 5. DISCLOSURE OF INFORMATION REGARDING DECABDE PRODUCTS.

(a) In General.--Beginning on the date of enactment of this Act,
any entity that produces for distribution in commerce, distributes in
commerce, imports, or exports decaBDE, decaBDE mixtures, or decaBDE
products shall disclose to any entity that receives such decaBDE,
decaBDE mixtures, or decaBDE products that such decaBDE, decaBDE
mixtures, or decaBDE products contain decaBDE.
(b) DecaBDE Products.--Not later than 1 year after the date of
enactment of this Act, any entity that produces for distribution in
commerce, distributes in commerce, imports, or exports decaBDE products
shall disclose to the Administrator any articles that contain decaBDE.

SEC. 6. ENFORCEMENT RELATING TO VIOLATIONS.

(a) Same Enforcement Mechanism as Used for Violations of Section 15
of the Toxic Substances Control Act.--The same enforcement procedures
as would apply to a violation of section 15 of the Toxic Substances
Control Act shall apply to each violation of this Act.
(b) Rules.--
(1) The Administrator shall make rules to enforce the
annual quotas and ban of this Act on the production for
distribution in commerce, distribution in commerce, or
importation of decaBDE, decaBDE mixtures, or decaBDE products.
(2) The President shall exercise the authorities set forth
in section 203 of the International Emergency Economic Powers
Act, consistent with the requirements of this Act, to enforce
the annual quotas and ban of this Act on the exportation of
decaBDE, decaBDE mixtures, or decaBDE products.
(c) Citizens' Civil Actions.--Any entity may commence a civil
action against any other entity that is alleged to be in violation of
this Act to restrain such violation. To the extent practicable, such an
action shall be handled in the same way as a civil action under section
7002 of the Solid Waste Disposal Act.

SEC. 7. EXCEPTIONS.

(a) Critical Uses.--A use of decaBDE, decaBDE mixtures, or decaBDE
products by the Armed Forces or the aviation industry shall be exempt
from the annual quotas or ban imposed by this Act if the Administrator
determines that there is not a feasible alternative to such use. Such
exemption shall be for a term of 5 years, and the Administrator may
renew such exemption only if the Administrator determines that there is
not a feasible alternative to such use at the time of such renewal.
(b) Recycled Articles.--A recycled article that contains decaBDE
shall be exempt from the annual quotas and ban imposed by this Act,
unless the Administrator determines by rule that the article poses a
threat to public health.
(c) Resold Articles.--This Act does not apply with regard to a
decaBDE product subsequent to its first sale at retail.
(d) Low Concentration Articles.--The Administrator may by rule make
exemptions from this Act for articles that contain decaBDE in
concentrations that the Administrator determines to be unavoidable due
to contamination of the environment by decaBDE.

SEC. 8. SAFER ALTERNATIVES.

(a) Policy.--DecaBDE shall be replaced by safer alternatives. For
the purposes of this section, a ''safer alternative'' means a
substitute process, product, material, chemical, strategy, or
combination of these that serves a functionally equivalent purpose to
decaBDE that, when compared to decaBDE, would reduce the potential for
harm to human health or the environment.
(b) Replacements.--With regard to a use of decaBDE, decaBDE
mixtures, or decaBDE products, no chemical substance (as defined in
section 3(2) of the Toxic Substances Control Act), mixture (as defined
in section 3(8) of the Toxic Substances Control Act) containing that
chemical substance, or article containing that chemical substance may
be used in lieu thereof if the Administrator determines that such
chemical substance is a persistent, bioaccumulative, and toxic
chemical.
(c) Studies and Notification.--The Administrator shall require any
entity who produces for distribution in commerce a chemical substance
that is a substitute for decaBDE to provide the Administrator with all
existing information about the hazard and exposure characteristics of
the chemical substance that--
(1) is known to, in the possession or control of, or
reasonably ascertainable by the entity; and
(2) has not previously been submitted to the Administrator.
The Administrator shall require any such entity to notify the
Administrator not less than 90 days before new or existing
chemicals are introduced into interstate commerce for
significant new uses as substitutes for decaBDE.

SEC. 9. REPORT TO CONGRESS.

The Administrator shall monitor, and, not later than December 31,
2014, submit a report to Congress on, the production, use, and
consumption of decaBDE. Such report shall include data on production,
use, and consumption of decaBDE in the United States and on the
environmental and economic effects of decaBDE.

SEC. 10. RELATION TO OTHER LAWS.

Nothing in this Act affects the right of a State or local
government to adopt or enforce any regulation, requirement, or
liability that is more stringent than a regulation, requirement, or
liability established by this Act.

SEC. 11. DEFINITIONS.

In this Act:
(1) The term ''decaBDE'' means decabromodiphenyl ether, CAS
No. 1163-19-5, either pure or in commercial mixtures which are
predominantly decabromodiphenyl ether.
(2) The term ''decaBDE mixture'' means any mixture (as
defined in section 3(8) of the Toxic Substances Control Act)
containing decaBDE.
(3) The term ''decaBDE product'' means any article
containing decaBDE.
(4) The terms ''distribute in commerce'' and ''distribution
in commerce'' have the meanings given such terms in section
3(4) of the Toxic Substances Control Act.
(5) The term ''export'' means to engage in any of the
actions that the President has authority over under section 203
of the International Emergency Economic Powers Act.
(6) The term ''first sale at retail'' means, with regard to
an article, the first occasion on which that article is sold to
an end user.
Solution:
Decabromine Elimination and Control Act of 2009 - Makes it unlawful, beginning January 1, 2013, to produce for distribution in commerce, distribute in commerce, import, or export decabromodiphenyl ether, CAS No. 1163-19-5, either pure or in commercial mixtures which are predominantly decabromodiphenyl ether (decaBDE) or decaBDE mixtures or products. Phases in such ban through a series of annual quotas through 2012.

Requires each entity that engaged in such decaBDE activities during 2009 to report on them, including the amount of decaBDE and decaBDE mixtures used, and to then report annually.

Requires an entity that engages in decaBDE activities to: (1) disclose to any entity that receives decaBDE, decaBDE mixtures, or decaBDE products that these contain decaBDE; and (2) disclose to the Administrator of the Environmental Protection Agency (EPA) any articles that contain decaBDE.

Applies to violations of this Act the enforcement procedures applicable to violations of the Toxic Substances Control Act (TSCA). Allows citizens' civil actions to restrain violations.

Provides exceptions from the restrictions imposed by this Act relating to critical uses, recycled articles, resale, and low-concentration articles.

States as policy that decaBDE shall be replaced by safer alternatives and prohibits use of any alternative determined to contain a chemical substance that is a persistent, bioaccumulative, and toxic chemical. Directs the Administrator to: (1) require any entity that produces a chemical substance that is a substitute for decaBDE to provide all existing information about the hazard and exposure characteristics of the chemical substance that is known to, in the possession or control of, or reasonably ascertainable by the entity and that has not previously been submitted; and (2) require any such entity to notify the Administrator at least 90 days before new or existing chemicals are introduced into interstate commerce for significant new uses as decaBDE substitutes.