,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bfef  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bd1     
#bjad ,mr4 ,merkley introduced the      
following bill2 which was read twice and
 referred to the ,committee on          
,environment and ,public ,works  ,a     
,,bill  ,to provide for the regulation  
of persistent1 bioaccumulative1 and     
toxic chemical substances1 and for other
 purposes4  #a4 ,short title  ,this ,act
 may be cited as the ,protecting        
,america's ,families from ,toxic        
,chemicals ,act of #bjad4  #b4 ,purpose 
,the purpose of this ,act is to ensure  
that the uses of chemical substances1   
for which there is evidence of          
persistence1 bioaccumulation1 toxicity1 
and exposure to humans or the           
environment1 are limited to those uses  
that are critical or essential4  #c4    
,definitions ,in this ,act3 7#a7        
,administrator ,the term ,administrator 
means the ,administrator of the         
,environmental ,protection ,agency4     

7#b7 ,chemical substance ,the term      
chemical substance has the meaning given
 the term in section #c of the ,toxic   
,substances ,control ,act 7#ae ,u4,s4,c4
 #bfjb74  #d4 ,identification and       
restriction of persistent1              
bioaccumulative1 and toxic chemical     
substances  7a7 ,identification  7#a7   
,criteria  7,a7 ,in general ,not later  
than #a year after the date of enactment
 of this ,act1 the ,administrator shall 
establish1 by rule1 criteria to identify
 chemical substances that-- 7i7 7,i7 are
 persistent1 bioaccumulative1 and toxic2
 or  7,,ii7 are transformed through     
metabolism or environmental degradation 
into chemical substances that are       
persistent1 bioaccumulative1 and toxic2 
and  7ii7 for which there is evidence of
 exposure or likely exposure to humans  
or the environment4  7,b7               
,considerations ,in establishing the    
criteria pursuant to subparagraph 7,a71 
the ,administrator shall consider a     
chemical substance-- 7i7 to be          

bioaccumulative if1 based on monitoring 
data or other evidence1 the             
,administrator determines that a        
chemical substance significantly        
accumulates or is likely to             
significantly accumulate in biota2  7ii7
 to be persistent if the ,administrator 
determines that the chemical substance  
significantly persists or is likely to  
significantly persist in #a or more     
environmental media1 including the      
indoor environment2 and  7iii7 to be    
toxic if the ,administrator determines  
that the chemical substance demonstrates
 or is likely to demonstrate #a or more 
toxicological properties in humans or   
animals4  7,c7 ,revisions ,the          
,administrator may1 by rule1 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     
environment4  7#b7 ,list  7,a7 ,in      
general ,not later than #ahj days after 
the date on which the rule under        

paragraph 7#a7 is finalized1 the        
,administrator shall1 by order1 publish 
a list of all chemical substances that  
meet those criteria1 based on           
information available to the            
,administrator4  7,b7 ,updates ,not less
 frequently than once every #c years    
after the initial publication of the    
list under subparagraph 7,a71 the       
,administrator shall update and         
republish the list to incorporate new   
information that becomes available to   
the ,administrator4  7#c7 ,prior        
evidence ,the following chemical        
substances are considered1 on the basis 
of existing evidence1 to meet the       
criteria established under paragraph    
7#a73 7,a7 ,anthracene1 pure4  7,b7     
,asbestos4  7,c7 ,cadmium and cadmium   
compounds4  7,d7 ,chloroalkanes1        
,c#aj-ac 7short-chain chlorinated       
paraffins74  7,e7 p-,dichlorobenzene4   
7,f7 ,hexabromocyclododecane1 including 
all major diastereomers4  7,g7          
,hexachlorobutadiene4  7,h7 ,lead and   

lead compounds4  7,i7 ,mercury and      
mercury compounds4  7,j7 ,musk xylene4  
7,k7 ,pentachlorobenzene4  7,l7         
,perfluorooctane sulfonic acid1 its     
salts1 and perfluorooctane sulfonyl     
fluoride4  7,m7 ,phenanthrene4  7,n7    
,polybrominated biphenyls4  7,o7        
,polybrominated diphenylethers4  7,p7   
,polychlorinated terphenyls4  7,q7      
,tetrabromobisphenol ,a4  7,r7          
#a1b1c-,trichlorobenzene4  7,s7         
#a1b1d-,trichlorobenzene4  7,t7         
#a1b1c1d-,tetrachlorobenzene4  7,u7     
#a1b1d1e-,tetrachlorobenzene4  7b7      
,restrictions ,not later than #a year   
after the date of enactment of this     
,act1 for chemical substances listed in 
subsection 7a77#c71 and not later than  
#a year after the date on which the     
,administrator identifies a chemical    
substance pursuant to subsection        
7a77#b71 the ,administrator shall by    
order-- 7#a7 identify the allowed uses1 
if any1 of each such chemical substance1
 pursuant to subsection 7c72  7#b7      

specify an effective date by which      
manufacture1 processing1 and            
distribution in commerce of the chemical
 substance for any uses not identified  
in paragraph 7#a7 are required to cease1
 with such effective date not to exceed 
#e years from the date of the allowable 
use determination2  7#c7 identify any   
conditions on the manufacture1          
processing1 use1 distribution in        
commerce1 and disposal of the chemical  
substance applicable to the allowed uses
 that the ,administrator determines are 
needed to protect public health and the 
environment1 with which manufacturers   
and processors of the chemical substance
 must comply as of the effective date   
specified by the ,administrator under   
paragraph 7#b72 and  7#d7 make public   
the determination of the ,administrator 
under this subsection1 including-- 7,a7 
the basis for the determination2  7,b7 a
 list of allowed uses of the chemical   
substance2 and  7,c7 any conditions on  
manufacture1 processing1 use1           

distribution in commerce1 or disposal   
identified by the ,administrator4  7c7  
,allowable uses  7#a7 ,in general ,the  
,administrator1 by order issued under   
subsection 7b7 or by separate order1 may
 allow manufacturing1 processing1 and   
distribution in commerce for a specified
 use of a chemical substance identified 
under subsection 7b71 if the            
,administrator first reviews and        
considers available evidence and        
determines that-- 7,a7 the use is a     
critical or essential use1 consistent   
with the criteria established pursuant  
to subsection 7d72 or  7,b7 there is no 
discernible exposure to humans or the   
environment1 consistent with the        
criteria established pursuant to        
subsection 7e74  7#b7 ,presumption      
,allowable uses of chemical substances  
identified pursuant to subsection 7b7   
shall include1 unless the ,administrator
 determines by order that such uses do  
not meet the requirements under         
paragraph 7#a7-- 7,a7 a specific use of 

lead or cadmium1 or a compound of lead  
or cadmium1 in lamps1 solder1 glass1    
ceramics1 metal alloys1 plating1        
connectors1 or electronic components    
exempted from the ,restriction on       
,hazardous ,substances ,directive1      
,directive #bjaa_/fe_/;,,eu2  7,b7 a    
specific use of mercury compounds in    
lamps in accordance with the            
,restriction on ,hazardous ,substances  
,directive1 ,directive #bjaa_/fe_/;,,eu2
  7,c7 the use of lead or lead compounds
 in lead-acid batteries2 and  7,d7 a    
specific use of perfluorooctane sulfonic
 acid1 the salts of perfluorooctane     
sulfonic acid1 and perfluorooctane      
sulfonyl fluoride if the specific use is
 designated as #a of the acceptable     
purposes or specific exemptions under   
,part ,,iii of ,annex ,b of the         
,stockholm ,convention on ,persistent   
,organic ,pollutants4  7#c7 ,petition   
7,a7 ,in general ,the ,administrator    
may1 on receipt of a petition from the  
manufacturer or processor of a chemical 

substance identified pursuant to        
subsection 7b71 by order1 allow         
manufacturing1 processing1 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 7#a74  7,b7
 ,notice ,before making a determination 
under subparagraph 7,a71 the            
,administrator shall-- 7i7 in the case  
of petitions involving uses of a        
chemical substance restricted by ,state 
law1 consult with the relevant ,state   
agencies2  7ii7 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 pertains2  7iii7 make
 the petition available on request2     
7iv7 provide a reasonable opportunity   
for review and comment on the petition2 

and  7v7 if the ,administrator decides  
to allow a specific use of a chemical   
substance under this paragraph1 consider
 any comments received by the           
,administrator in making a determination
 as to which1 if any1 conditions shall  
apply to the allowed use4  7#d7 ,term   
7,a7 ,in general ,any use allowed under 
paragraph 7#a71 7#b71 or 7#c7 shall be  
granted for a term of not more than #e  
years1 but may be renewed or revised in 
accordance with subparagraph 7,b7 if the
 ,administrator finds1 after providing  
public notice and opportunity for       
comment1 that the allowed use or a      
revision to the allowed use will        
continue to meet the requirements under 
paragraph 7#a74  7,b7 ,renewal ,the     
,administrator may renew the term of the
 allowed use granted under subparagraph 
7,a7 for #a or more additional terms of 
not more than #e years each1 if the     
,administrator finds1 after providing   
public notice and opportunity for       
comment1 that the allowed use will      

continue to meet the requirements under 
paragraph 7#a74  7,c7 ,revision ,the    
,administrator may revise any allowed   
use under consideration for renewal1    
taking into account regulatory programs 
in ,states1 new amendments to the       
,restriction on ,hazardous ,substances  
,directive1 the ,stockholm ,convention  
on ,persistent ,organic ,pollutants1 to 
ensure that the allowed use continues to
 meet the requirements under paragraph  
7#a74  7d7 ,criteria ,to identify       
critical or essential uses  7#a7 ,in    
general ,not later than #ahj days after 
the date of enactment of this ,act1 the 
,administrator shall1 by order1         
establish criteria to identify critical 
or essential uses of chemical           
substances4  7#b7 ,applicability ,the   
criteria under paragraph 7#a7 shall     
identify as critical or essential any   
use for which the ,administrator        
determines-- 7,a7 7i7 the use is in the 
paramount interest of national security2
 or  7ii7 the lack of availability of   

the chemical substance would cause      
significant disruption in the economy2  
7,b7 7i7 no feasible alternative for the
 specified use is available2 or  7ii7   
the specified use provides a net benefit
 to public health1 the environment1 or  
public safety when compared to all      
available alternatives1 taking          
comparative risks into account2 and     
7,c7 the use is consistent with         
international legal obligations4  7e7   
,criteria ,to identify uses with no     
discernible exposure ,not later than    
#ahj days after the date of enactment of
 this ,act1 the ,administrator shall1 by
 rule1 establish criteria for use in    
making the determinations under         
subsection 7d77#b71 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            
manufacturing1 processing1 distribution 
in commerce1 use1 or disposal of-- 7#a7 
the chemical substance2 or  7#b7 any    

article containing the chemical         
substance4  7f7 ,new chemical substances
  7#a7 ,in general ,for each new        
chemical substance subject to section   
#e7;a77#a7 of the ,toxic ,substances    
,control ,act 7#ae ,u4,s4,c4            
#bfjd7;a77#a771 the ,administrator shall
 determine1 during the period of notice 
review1 whether the chemical substance1 
or a degradation product or metabolite  
of the chemical substance1 meets the    
criteria established under subsection   
7a77#a74  7#b7 ,allowable uses ,for each
 chemical substance identified under    
paragraph 7#a71 the ,administrator      
shall1 by order-- 7,a7 allow1 in a      
manner consistent with subsection 7b71  
manufacture1 processing1 and            
distribution in commerce of the         
substance for a use which the           
,administrator determines meets the     
requirements of subsection 7c72  7,b7   
identify any conditions on the          
manufacture1 processing1 use1           
distribution in commerce1 and disposal  

of the chemical substance applicable to 
the allowed use that the ,administrator 
determines may be needed to protect     
public health and the environment1 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 substance2 and  7,c7 make      
public-- 7i7 the determination of the   
,administrator under this paragraph2    
7ii7 the basis for the determination2   
7iii7 a list of allowed uses of the     
chemical substance2 and  7iv7 any       
conditions on the manufacture1          
processing1 use1 distribution in        
commerce1 or disposal of the chemical   
substance identified by the             
,administrator4