S. 2656 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2656 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for the regulation of persistent, bioaccumulative, and toxic chemical substances, and for other purposes. 1. Short title This Act may be cited as the Protecting America's Families from Toxic Chemicals Act of 2014. 2. Purpose The purpose of this Act is to ensure that the uses of chemical substances, for which there is evidence of persistence, bioaccumulation, toxicity, and exposure to humans or the environment, are limited to those uses that are critical or essential. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Chemical substance The term chemical substance has the meaning given the term in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602). 4. Identification and restriction of persistent, bioaccumulative, and toxic chemical substances (a) Identification (1) Criteria (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall establish, by rule, criteria to identify chemical substances that— (i) (I) are persistent, bioaccumulative, and toxic; or (II) are transformed through metabolism or environmental degradation into chemical substances that are persistent, bioaccumulative, and toxic; and (ii) for which there is evidence of exposure or likely exposure to humans or the environment. (B) Considerations In establishing the criteria pursuant to subparagraph (A), the Administrator shall consider a chemical substance— (i) to be bioaccumulative if, based on monitoring data or other evidence, the Administrator determines that a chemical substance significantly accumulates or is likely to significantly accumulate in biota; (ii) to be persistent if the Administrator determines that the chemical substance significantly persists or is likely to significantly persist in 1 or more environmental media, including the indoor environment; and (iii) to be toxic if the Administrator determines that the chemical substance demonstrates or is likely to demonstrate 1 or more toxicological properties in humans or animals. (C) Revisions The Administrator may, by rule, revise the criteria established pursuant to this paragraph to reflect the best available science and provide for equal or greater protection of human health and the environment. (2) List (A) In general Not later than 180 days after the date on which the rule under paragraph (1) is finalized, the Administrator shall, by order, publish a list of all chemical substances that meet those criteria, based on information available to the Administrator. (B) Updates Not less frequently than once every 3 years after the initial publication of the list under subparagraph (A), the Administrator shall update and republish the list to incorporate new information that becomes available to the Administrator. (3) Prior evidence The following chemical substances are considered, on the basis of existing evidence, to meet the criteria established under paragraph (1): (A) Anthracene, pure. (B) Asbestos. (C) Cadmium and cadmium compounds. (D) Chloroalkanes, C10–13 (short-chain chlorinated paraffins). (E) p-Dichlorobenzene. (F) Hexabromocyclododecane, including all major diastereomers. (G) Hexachlorobutadiene. (H) Lead and lead compounds. (I) Mercury and mercury compounds. (J) Musk xylene. (K) Pentachlorobenzene. (L) Perfluorooctane sulfonic acid, its salts, and perfluorooctane sulfonyl fluoride. (M) Phenanthrene. (N) Polybrominated biphenyls. (O) Polybrominated diphenylethers. (P) Polychlorinated terphenyls. (Q) Tetrabromobisphenol A. (R) 1,2,3-Trichlorobenzene. (S) 1,2,4-Trichlorobenzene. (T) 1,2,3,4-Tetrachlorobenzene. (U) 1,2,4,5-Tetrachlorobenzene. (b) Restrictions Not later than 1 year after the date of enactment of this Act, for chemical substances listed in subsection (a)(3), and not later than 1 year after the date on which the Administrator identifies a chemical substance pursuant to subsection (a)(2), the Administrator shall by order— (1) identify the allowed uses, if any, of each such chemical substance, pursuant to subsection (c); (2) specify an effective date by which manufacture, processing, and distribution in commerce of the chemical substance for any uses not identified in paragraph (1) are required to cease, with such effective date not to exceed 5 years from the date of the allowable use determination; (3) identify any conditions on the manufacture, processing, use, distribution in commerce, and disposal of the chemical substance applicable to the allowed uses that the Administrator determines are needed to protect public health and the environment, with which manufacturers and processors of the chemical substance must comply as of the effective date specified by the Administrator under paragraph (2); and (4) make public the determination of the Administrator under this subsection, including— (A) the basis for the determination; (B) a list of allowed uses of the chemical substance; and (C) any conditions on manufacture, processing, use, distribution in commerce, or disposal identified by the Administrator. (c) Allowable uses (1) In general The Administrator, by order issued under subsection (b) or by separate order, may allow manufacturing, processing, and distribution in commerce for a specified use of a chemical substance identified under subsection (b), if the Administrator first reviews and considers available evidence and determines that— (A) the use is a critical or essential use, consistent with the criteria established pursuant to subsection (d); or (B) there is no discernible exposure to humans or the environment, consistent with the criteria established pursuant to subsection (e). (2) Presumption Allowable uses of chemical substances identified pursuant to subsection (b) shall include, unless the Administrator determines by order that such uses do not meet the requirements under paragraph (1)— (A) a specific use of lead or cadmium, or a compound of lead or cadmium, in lamps, solder, glass, ceramics, metal alloys, plating, connectors, or electronic components exempted from the Restriction on Hazardous Substances Directive, Directive 2011/65/EU; (B) a specific use of mercury compounds in lamps in accordance with the Restriction on Hazardous Substances Directive, Directive 2011/65/EU; (C) the use of lead or lead compounds in lead-acid batteries; and (D) a specific use of perfluorooctane sulfonic acid, the salts of perfluorooctane sulfonic acid, and perfluorooctane sulfonyl fluoride if the specific use is designated as 1 of the acceptable purposes or specific exemptions under Part III of Annex B of the Stockholm Convention on Persistent Organic Pollutants. (3) Petition (A) In general The Administrator may, on receipt of a petition from the manufacturer or processor of a chemical substance identified pursuant to subsection (b), by order, allow manufacturing, processing, and distribution in commerce for a specified use of the chemical substance if the Administrator determines that the manufacturer or processor has established by clear and convincing evidence that the use qualifies as an allowable use pursuant to the requirements under paragraph (1). (B) Notice Before making a determination under subparagraph (A), the Administrator shall— (i) in the case of petitions involving uses of a chemical substance restricted by State law, consult with the relevant State agencies; (ii) publish in the Federal Register a notice of receipt of the petition that specifies the chemical identity of the chemical substance to which the petition pertains; (iii) make the petition available on request; (iv) provide a reasonable opportunity for review and comment on the petition; and (v) if the Administrator decides to allow a specific use of a chemical substance under this paragraph, consider any comments received by the Administrator in making a determination as to which, if any, conditions shall apply to the allowed use. (4) Term (A) In general Any use allowed under paragraph (1), (2), or (3) shall be granted for a term of not more than 5 years, but may be renewed or revised in accordance with subparagraph (B) if the Administrator finds, after providing public notice and opportunity for comment, that the allowed use or a revision to the allowed use will continue to meet the requirements under paragraph (1). (B) Renewal The Administrator may renew the term of the allowed use granted under subparagraph (A) for 1 or more additional terms of not more than 5 years each, if the Administrator finds, after providing public notice and opportunity for comment, that the allowed use will continue to meet the requirements under paragraph (1). (C) Revision The Administrator may revise any allowed use under consideration for renewal, taking into account regulatory programs in States, new amendments to the Restriction on Hazardous Substances Directive, the Stockholm Convention on Persistent Organic Pollutants, to ensure that the allowed use continues to meet the requirements under paragraph (1). (d) Criteria To identify critical or essential uses (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall, by order, establish criteria to identify critical or essential uses of chemical substances. (2) Applicability The criteria under paragraph (1) shall identify as critical or essential any use for which the Administrator determines— (A) (i) the use is in the paramount interest of national security; or (ii) the lack of availability of the chemical substance would cause significant disruption in the economy; (B) (i) no feasible alternative for the specified use is available; or (ii) the specified use provides a net benefit to public health, the environment, or public safety when compared to all available alternatives, taking comparative risks into account; and (C) the use is consistent with international legal obligations. (e) Criteria To identify uses with no discernible exposure Not later than 180 days after the date of enactment of this Act, the Administrator shall, by rule, establish criteria for use in making the determinations under subsection (d)(2), to identify uses of chemical substances for which there is clear and convincing evidence that there is no discernible exposure to humans and the environment from the manufacturing, processing, distribution in commerce, use, or disposal of— (1) the chemical substance; or (2) any article containing the chemical substance. (f) New chemical substances (1) In general For each new chemical substance subject to section 5(a)(1) of the Toxic Substances Control Act (15 U.S.C. 2604(a)(1)), the Administrator shall determine, during the period of notice review, whether the chemical substance, or a degradation product or metabolite of the chemical substance, meets the criteria established under subsection (a)(1). (2) Allowable uses For each chemical substance identified under paragraph (1), the Administrator shall, by order— (A) allow, in a manner consistent with subsection (b), manufacture, processing, and distribution in commerce of the substance for a use which the Administrator determines meets the requirements of subsection (c); (B) identify any conditions on the manufacture, processing, use, distribution in commerce, and disposal of the chemical substance applicable to the allowed use that the Administrator determines may be needed to protect public health and the environment, which shall be complied with by a manufacturer or processor of the chemical substance on the date on which the manufacturer or processor commences manufacturing or processing of the new chemical substance; and (C) make public— (i) the determination of the Administrator under this paragraph; (ii) the basis for the determination; (iii) a list of allowed uses of the chemical substance; and (iv) any conditions on the manufacture, processing, use, distribution in commerce, or disposal of the chemical substance identified by the Administrator.