,,ii #aacth ,,congress #ast ,session ,s4 #fif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjac ,mr4 ,reid 7for ,mr4 ,lautenberg 7for himself1 ,mrs4 ,gillibrand1 ,mr4 ,schumer1 ,mr4 ,durbin1 ,mrs4 ,murray1 ,mrs4 ,boxer1 ,mr4 ,udall of ,new ,mexico1 ,mr4 ,baucus1 ,ms4 ,mikulski1 ,mr4 ,bennet1 ,ms4 ,klobuchar1 ,mr4 ,franken1 ,mr4 ,tester1 ,mr4 ,whitehouse1 ,mrs4 ,feinstein1 ,mr4 ,blumenthal1 ,mr4 ,cowan1 ,mr4 ,sanders1 ,ms4 ,warren1 ,mr4 ,harkin1 ,mr4 ,merkley1 ,mr4 ,wyden1 ,mr4 ,cardin1 ,mr4 ,leahy1 ,mr4 ,menendez1 ,mr4 ,schatz1 ,mr4 ,nelson1 ,ms4 ,cantwell1 and ,mr4 ,king77 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,toxic ,substances ,control ,act to ensure that risks from chemicals are adequately understood and managed1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safe ,chemicals ,act of #bjac4 #b4 ,purposes ,the purpose of this ,act is to ensure that risks from chemicals are adequately understood and managed4 #c4 ,findings1 policy1 and goal ,section #b of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja7 is amended-- 7#a7 in the heading1 by striking ,intent and inserting ,goal2 and 7#b7 by striking subsections 7a7 through 7c7 and inserting the following3 7a7 ,findings ,congress finds that-- 7#a7 each year human beings and the environment are exposed to a large number of chemical substances2 7#b7 the chemical industry1 an important part of the ,united ,states economy1 provides valuable products that are used in diverse manufacturing industries and other commercial1 institutional1 and consumer applications2 7#c7 more than #c decades after the enactment of this ,act1 people and the environment in the ,united ,states are still exposed to thousands of chemicals whose safety has not been adequately reviewed and may harm health and the environment2 7#d7 the incidence of some diseases and disorders linked to chemical substance exposures is on the rise2 7#e7 biomonitoring of chemical substances in humans reveals that people in the ,united ,states carry hundreds of hazardous chemicals in their bodies2 7#f7 the concentrations of certain chemical substances that persist and accumulate are increasing in the environment and in human bodies and are found across the world1 including in the remote ,arctic in which ,native ,americans face increasing contamination of traditional foods2 7#g7 differences in metabolism and physiology at certain stages of development can make infants and children more vulnerable than adults to the effects of chemical exposure1 especially exposure that occurs in utero1 during infancy1 and during other critical periods of development2 7#h7 manufacturers and processors of chemicals should supply sufficient health and environmental information before distributing products in commerce2 7#i7 the ,administrator must have and exercise the authority to develop sufficient information to assess chemical safety1 and to act effectively when the ,administrator obtains information that indicates there are risks of harmful exposure to chemical substances2 7#aj7 there is significant global trade in the chemical sector and many of the companies that conduct business in the ,united ,states must also comply with chemical safety regulatory programs in other countries1 and the data that is generated to comply with those other regulatory programs may be useful in understanding hazards and exposures of chemical substances presented in the ,united ,states2 and 7#aa7 a revised policy on the safety of chemical substances will assist in renewing the manufacturing sector of the ,united ,states1 create new and safer jobs1 spur innovations in green chemistry1 restore confidence domestically and internationally in the safety of products of the ,united ,states1 and ensure that products of the ,united ,states remain competitive in the global market4 7b7 ,policy ,it is the policy of the ,united ,states-- 7#a7 to protect the health of children1 workers1 consumers1 and the public1 and to protect the environment from harmful exposures to chemical substances2 7#b7 to promote the use of safer alternatives and other actions that reduce the use of and exposure to hazardous chemical substances and reward innovation toward safer chemicals1 processes1 and products2 7#c7 to require that chemicals in commerce meet a risk-based safety standard that protects vulnerable and affected populations and the environment2 7#d7 to require companies to provide sufficient health and environmental information for the chemical substances that the companies manufacture1 process1 or import as a condition of allowing those companies to distribute chemical substances in commerce2 7#e7 to improve the quality of information on chemical safety and use2 7#f7 to guarantee the right of the public and workers to know about the hazards and uses of chemical substances that the public and workers may be exposed to by maximizing public access to information on chemical safety and use2 and 7#g7 to strengthen cooperation between and among the ,federal ,government and ,state1 municipal1 tribal1 and foreign governments4 7c7 ,goal ,it is the goal of the ,united ,states to address the harmful exposure of vulnerable or affected populations to chemical substances caused by the distribution of chemical substances in commerce by-- 7#a7 reviewing all chemical substances for safety and identifying the highest priority chemical substances for expedited review2 7#b7 determining whether chemical substances in commerce meet the safety standard under this title2 7#c7 applying appropriate restrictions to the use of a chemical substance1 where warranted2 and 7#d7 encouraging the replacement of harmful chemicals and processes with safer alternatives4 4 #d4 ,definitions ,section #c of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb7 is amended-- 7#a7 by striking paragraph 7#ab72 7#b7 by redesignating paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ac71 and 7#ad71 as paragraphs 7#e71 7#f71 7#h71 7#aj71 7#ab71 7#ac71 7#ad71 7#ae71 7#ah71 7#ai71 7#ba71 and 7#bd71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,aggregate exposure 7,a7 ,in general ,subject to subparagraph 7,b71 the term aggregate exposure means exposure from all sources of a chemical substance1 including exposure from-- 7i7 the manufacture1 processing1 distribution1 use1 and disposal of that chemical substance2 and 7ii7 all other sources of that chemical substance1 including-- 7,i7 contamination of food1 air1 water1 soil1 and house dust from current or prior uses or activity2 7,,ii7 accidental releases2 7,,iii7 permitted sources of pollution2 7,,iv7 nonpoint sources of pollution2 7,v7 documented background levels from natural and anthropogenic sources2 and 7,,vi7 a mixture or article containing that chemical substance4 7,b7 ,inclusions ,the term aggregate exposure includes exposure from a chemical substance that is not considered to be a chemical substance under this ,act solely because of the use of that substance as1 or in1 a food1 food additive1 cosmetic1 or device 7as those terms are defined in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba774 7#c7 ,bioaccumulative 7,a7 ,in general ,the term bioaccumulative means1 with respect to a chemical substance or mixture1 that the chemical substance or mixture1 as determined by the ,administrator1 can significantly accumulate in biota1 as indicated through monitoring data1 or is highly likely to accumulate in biota1 as indicated by other evidence4 7,b7 ,update ,to reflect the best available science1 the ,administrator may1 by rule1 revise the definition of the term bioaccumulative in such a way that reflects the state of the science and provides for equal or greater protection of human health and the environment4 7#d7 ,chemical identity ,the term chemical identity includes-- 7,a7 each common and trade name of a chemical substance2 7,b7 the name of a chemical substance appearing in ,international ,union of ,pure and ,applied ,chemistry nomenclature and the most current ,collective ,index format2 7,c7 each ,chemical ,abstracts ,service registration number of a chemical substance2 and 7,d7 the molecular structure of a chemical substance4 2 7#d7 in paragraph 7#e7 7as redesignated by paragraph 7#b77-- 7,a7 by striking 7#b77;,a7 ,except as provided in subparagraph 7,b7 and inserting the following3 7#e7 ,chemical substance 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c7 2 7,b7 in subparagraph 7,b71 by striking 7,b7 ,such term and inserting the following3 7,b7 ,exclusions ,the term chemical substance 2 and 7,c7 by adding at the end the following3 7,c7 ,inclusions ,notwithstanding molecular identity1 the ,administrator may determine that a variant of a chemical substance is a new chemical substance under section #e7;a77#f74 2 7#e7 by inserting after paragraph 7#f7 7as redesignated by paragraph 7#b77 the following3 7#g7 ,cumulative exposure ,the term cumulative exposure means the sum of aggregate exposure to each of the chemical substances that are known or suspected to contribute appreciably to the risk of the same or a similar adverse effect4 2 7#f7 by striking paragraph 7#h7 7as redesignated by paragraph 7#b77 and inserting the following3 7#h7 ,distribute in commerce ,the terms distribute in commerce and distribution in commerce1 when used to describe an action taken with respect to a chemical substance 7or mixture or article containing that chemical substance71 mean-- 7,a7 to sell1 or the sale of1 the substance1 mixture1 or article in commerce2 7,b7 to introduce or deliver for introduction into commerce1 or the introduction or delivery for introduction into commerce of1 the substance1 mixture1 or article2 7,c7 to hold1 or the holding of1 the substance1 mixture1 or article after its introduction into commerce2 or 7,d7 to export or offer for export the substance1 mixture1 or article4 2 7#g7 by inserting after paragraph 7#h7 7as redesignated by paragraph 7#b77 the following3 7#i7 ,end consumer ,the term end consumer means an individual or other entity that purchases and uses or consumes a chemical substance 7or mixture or article containing that chemical substance74 2 7#h7 in paragraph 7#aj7 7as redesignated by paragraph 7#b771 by inserting ambient and indoor after includes water12 7#i7 by inserting after paragraph 7#aj7 7as redesignated by paragraph 7#b77 the following3 7#aa7 ,federal agency ,the term ,federal agency means any department1 agency1 or other instrumentality of the ,federal ,government1 any independent agency or establishment of the ,federal ,government including any ,government corporation1 and the ,government ,printing ,office4 2 7#aj7 in paragraph 7#ae7 7as redesignated by paragraph 7#b771 by striking which is not included in the chemical substance list compiled and published under section #h7;b7 and inserting for which the manufacturer or processor of the chemical substance has not submitted a declaration under section #h7;a72 7#aa7 by inserting after paragraph 7#ae7 7as redesignated by paragraph 7#b77 the following3 7#af7 ,persistent 7,a7 ,in general ,the term persistent means1 with respect to a chemical substance or mixture1 that the chemical substance or mixture1 as determined by the ,administrator1 significantly persists in #a or more environmental media1 as indicated by monitoring data or other evidence4 7,b7 ,update ,to reflect the best available science1 the ,administrator may1 by rule1 revise the definition of the term persistent in such a way that reflects the state of the science and provides for equal or greater protection of human health and the environment4 7#ag7 ,person 7,a7 ,in general ,the term person means an individual1 trust1 firm1 joint stock company1 corporation 7including a ,government corporation71 partnership1 association1 ,state1 municipality1 commission1 political subdivision of a ,state1 or any interstate body4 7,b7 ,inclusions ,the term person includes each ,federal agency and any officer1 agent1 or employee of a ,federal agency4 2 7#ab7 by inserting after paragraph 7#ai7 7as redesignated by paragraph 7#b77 the following3 7#bj7 ,special substance characteristic 7,a7 ,in general ,the term special substance characteristic means a physical1 chemical1 or biological characteristic1 other than molecular identity1 that the ,administrator determines1 by order or rule1 may significantly affect the risks posed by substances exhibiting that characteristic4 7,b7 ,considerations ,in determining the existence of special substance characteristics1 the ,administrator may consider-- 7i7 size or size distribution2 7ii7 shape and surface structure2 7iii7 reactivity2 and 7iv7 any other properties that may significantly affect the risks posed4 2 7#ac7 by inserting after paragraph 7#ba7 7as redesignated by paragraph 7#b77 the following3 7#bb7 ,toxic ,the term toxic1 with respect to a chemical substance or mixture1 means that the chemical substance or mixture has a toxicological property-- 7,a7 meeting the criteria for ,category #a or ,category #b for any of the toxicity endpoints established by the ,globally ,harmonized ,system for the ,classification and ,labeling of ,hazardous ,substances2 7,b7 that causes an adverse effect that has been demonstrated in humans or other exposed organisms2 or 7,c7 for which the weight of evidence 7such as demonstration of an adverse effect described in subparagraph 7,b71 laboratory studies1 or data for a chemical from the same chemical class that exhibits that adverse effect7 demonstrates the potential for an adverse effect in humans or other exposed organisms4 7#bc7 ,toxicological property ,the term toxicological property means actual or potential toxicity or other adverse effects of a chemical substance or mixture1 including actual or potential effects of exposure to a chemical substance or mixture on-- 7,a7 mortality2 7,b7 morbidity1 including carcinogenesis2 7,c7 reproduction2 7,d7 growth and development2 7,e7 the immune system2 7,f7 the endocrine system2 7,g7 the brain or nervous system2 7,h7 other organ systems2 or 7,i7 any other biological functions in humans or nonhuman organisms4 2 and 7#ad7 by adding at the end the following3 7#be7 ,vulnerable human population ,the term vulnerable human population means a human population that is subject to disproportionate exposure to1 or the potential for disproportionate adverse effect from exposure to1 a chemical substance or mixture1 including-- 7,a7 infants1 children1 and adolescents2 7,b7 pregnant women2 7,c7 elderly2 7,d7 individuals with preexisting medical conditions2 7,e7 workers that work with chemical substances and mixtures2 and 7,f7 members of any other appropriate population identified by the ,administrator4 4 #e4 ,minimum information sets and testing of chemical substances ,section #d of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjc7 is amended to read as follows3 #d4 ,minimum information sets and testing of chemical substances 7a7 ,minimum information sets 7#a7 ,rule 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 and not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall establish1 by rule1 such minimum information sets as the ,administrator determines to be appropriate to evaluate chemical substances under sections #e and #f4 7,b7 ,general requirements ,the rule promulgated pursuant to subparagraph 7,a7 shall-- 7i7 provide for varied or tiered information to be provided for different chemical substances2 7ii7 identify the particular minimum information set that applies to a chemical substance2 7iii7 require each minimum information set to include sufficient information for the ,administrator to conduct a screening-level risk assessment of the chemical substance1 including information on the characteristics1 toxicological properties1 environmental and biological fate and behavior1 exposure1 and use of a chemical substance2 7iv7 specify information quality and reliability requirements applicable to the information submitted in the minimum information sets2 and 7v7 accommodate the use of alternative testing methods and testing strategies to generate information quickly1 at low cost1 and with reduced use of animal-based testing1 including toxicity pathway-based risk assessment1 in vitro studies1 systems biology1 computational toxicology1 bioinformatics1 and high-throughput screening1 to the extent such methods and strategies would yield information of equivalent quality and reliability4 7,c7 ,specific requirements ,the rule promulgated pursuant to subparagraph 7,a7 shall establish minimum information sets sufficient for the ,administrator to administer this ,act1 including to carry out-- 7i7 categorization of new chemical substances under section #e7;b77#b71 including the identification of information-- 7,i7 sufficiently robust to generally support the categorization of a new chemical substance as a substance of very low concern under section #e7;b77#b77;,d77iii77,,ii72 and 7,,ii7 in the absence of which the ,administrator shall designate a new chemical substance to be a substance with insufficient information under section #e7;b77#b77;,d77iv72 7ii7 categorization of existing chemical substances under section #f7;b77#c71 including the identification of information-- 7,i7 sufficiently robust to generally support the categorization of an existing chemical substance as a substance of very low concern under section #f7;b77#c77;,b77ii72 and 7,,ii7 in the absence of which the ,administrator shall designate an existing chemical substance to be a substance with insufficient information under section #f7;b77#c77;,b77iv72 7iii7 assignment of chemical substances to priority classes under section #f7;b77#d72 7iv7 safety standard determinations-- 7,i7 for new uses of existing chemical substances under section #e7;b77#b72 and 7,,ii7 for chemical substances under section #f7;d72 and 7v7 safety standard redeterminations under section #f7;d77#e77;,e74 7#b7 ,submission of minimum information set ,each manufacturer and processor of a chemical substance shall submit the minimum information set for the chemical substance to the ,administrator-- 7,a7 for new chemical substances1 concurrent with the notice required under section 7#e77;b77#a77;,a72 and 7,b7 for existing chemical substances1 as specified in section #f or otherwise specified by the ,administrator in the rule promulgated pursuant to paragraph 7#a77;,a74 7#c7 ,prohibition ,in addition to any other authorities available under this ,act1 the ,administrator may1 by order1 take any action authorized under section #f7;f7 if a manufacturer or processor is in violation of paragraph 7#b74 7b7 ,testing 7#a7 ,general submissions 7,a7 ,in general ,the ,administrator may1 by rule or order1 require testing with respect to any chemical substance1 and the submission of test results by a specified date1 as appropriate for making any determination or carrying out any provision of this ,act4 ,such testing may be required-- 7i7 to provide information in addition to the information specified in any applicable minimum information set under subsection 7a72 and 7ii7 of persons to whom the ,administrator decides not to apply a requirement to submit a minimum information set under subsection 7a74 7,b7 ,effect on other authority ,nothing in this paragraph limits the authority of the ,administrator under paragraph 7#b74 7#b7 ,sample submissions 7,a7 ,in general ,the ,administrator may1 by rule or order1 require the submission of a sample of any chemical substance in such manner as the ,administrator determines enables the ,administrator to conduct any tests necessary for making any determination or carrying out any provision of this ,act4 7,b7 ,effect on other authority ,nothing in this paragraph limits the authority of the ,administrator under paragraph 7#a74 7#c7 ,prohibition ,in addition to any other authorities available under this ,act1 the ,administrator may1 by order1 take any action authorized under section #f7;f7 if a manufacturer or processor is in violation of a rule or order under paragraph 7#a74 7#d7 ,exemption ,if a manufacturer or processor ceases all manufacture or processing of a chemical substance pursuant to its submission of a declaration of cessation of manufacture or processing under section #h7;b77#d7 for the chemical substance1 the manufacturer or processor shall be exempted from the requirements of this subsection4 7c7 ,test rules or orders 7#a7 ,in general ,a rule or order issued under subsection 7b7 shall include-- 7,a7 identification of the chemical substance for which testing is required under the rule or order2 7,b7 standards for the development of test information for that substance2 and 7,c7 a specification of the period 7which may not be of unreasonable duration7 within which the persons required to conduct the testing shall submit to the ,administrator information developed in accordance with the standards referred to in subparagraph 7,b74 7#b7 ,considerations 7,a7 ,in general ,in determining the standards and period to be required under subparagraphs 7,b7 and 7,c7 of paragraph 7#a71 the ,administrator shall consider-- 7i7 the relative costs of the various test protocols and methodologies that may be required under the rule or order2 and 7ii7 the reasonably foreseeable availability of the facilities and personnel needed to perform the testing required under the rule4 7,b7 ,preliminary information ,any rule or order issued by the ,administrator under this subsection may require a manufacturer or processor to submit preliminary information during the period described in paragraph 7#a77;,c74 7#c7 ,types of health and environmental information 7,a7 ,in general ,the ,administrator may prescribe standards for the development of test information under this subsection for health and environmental information1 including-- 7i7 information pertaining to carcinogenesis1 mutagenesis1 teratogenesis1 behavioral disorders1 or cumulative1 synergistic1 or any other effect that may be considered in a safety standard determination2 7ii7 information pertaining to exposure to the chemical substance1 including information regarding the presence of the chemical substance in human blood1 fluids1 or tissue2 and 7iii7 information pertaining to-- 7,i7 bioaccumulation2 7,,ii7 persistence2 7,,iii7 acute toxicity2 7,,iv7 subacute toxicity2 7,v7 chronic toxicity2 and 7,,vi7 any other characteristic that may present an adverse effect4 7,b7 ,methodologies 7i7 ,in general ,the ,administrator may prescribe methodologies in standards for the development of test information1 including-- 7,i7 epidemiologic studies2 7,,ii7 biomonitoring or environmental monitoring studies2 7,,iii7 serial or hierarchical tests2 7,,iv7 in vitro tests2 7,v7 whole animal tests1 consistent with section #cj2 and 7,,vi7 any other methodology deemed appropriate by the ,administrator4 7ii7 ,requirement ,prior to prescribing epidemiologic studies of employees1 the ,administrator shall consult with the ,director of the ,national ,institute for ,occupational ,safety and ,health4 7,c7 ,review ,periodically1 but not less frequently than once every #c years1 the ,administrator shall-- 7i7 review the adequacy of the standards for development of information prescribed under subparagraph 7,a72 and 7ii7 if necessary1 institute proceedings to make appropriate revisions of those standards4 7#d7 ,persons required to conduct tests and submit information 7,a7 ,in general ,except as provided in subparagraph 7,b71 a rule or order under subsection 7b7 respecting a chemical substance shall specify the persons required to conduct tests and submit information to the ,administrator on the substance4 7,b7 ,exception ,the ,administrator may permit #b or more of the persons described in subparagraph 7,a7 to designate #a of the persons or a qualified third party to conduct the tests and submit the information on behalf of the persons making the designation4 7,c7 ,liability ,all persons described in subparagraphs 7,a7 and 7,b7 shall remain liable for compliance with any requirements subject to the designation4 7#e7 ,expiration of rules and orders 7,a7 ,in general ,any rule or order under subsection 7b7 that requires the testing and submission of information for a particular chemical substance shall expire at the end of the applicable reimbursement period 7as defined in subsection 7d77#c77 unless1 prior to that date1 the ,administrator withdraws the rule or order4 7,b7 ,category of chemical substances ,a rule or order under subsection 7b7 that requires the testing and submission of information for a category of chemical substances shall expire with respect to a chemical substance included in the category at the end of the applicable reimbursement period 7as defined in subsection 7d77#c77 unless1 prior to that date1 the ,administrator withdraws the rule or order with respect to the substance entirely4 7d7 ,exemptions 7#a7 ,in general ,any person required by a rule or order under subsections 7a7 or 7b7 to conduct tests and submit information for a chemical substance may apply to the ,administrator 7in such form and manner as the ,administrator determines necessary7 for an exemption from the requirement4 7#b7 ,action by ,administrator ,in accordance with paragraph 7#c7 or 7#d71 the ,administrator shall exempt an applicant under paragraph 7#a71 if1 on receipt of the application1 the ,administrator determines that-- 7,a7 the chemical substance for which the application was submitted is equivalent to a chemical substance for which-- 7i7 information has been submitted to the ,administrator in accordance with a rule or order under subsection 7a7 or 7b72 or 7ii7 information is being developed in accordance with the rule or order2 and 7,b7 submission of information by the applicant for the substance would be duplicative of information that-- 7i7 has been submitted to the ,administrator in accordance with the rule or order under subsection 7a7 or 7b72 or 7ii7 is being developed in accordance with the rule or order4 7#c7 ,reimbursement due to exemption 7,a7 ,definition of reimbursement period ,in this paragraph1 the term reimbursement period1 with respect to any test information for a chemical substance1 means a period that-- 7i7 begins on the date on which the test information is submitted in accordance with a rule or order issued under subsection 7a7 or 7b72 and 7ii7 ends on the later of-- 7,i7 #e years after the date referred to in clause 7i72 and 7,,ii7 the date which1 as determined by the ,administrator1 provides the applicant with a time period which is sufficient to develop the test information4 7,b7 ,reimbursement for previously submitted test information 7i7 ,in general ,except as provided in clause 7ii71 for an exemption under paragraph 7#b77;,b77i71 if the exemption is granted during the reimbursement period for the test information1 the ,administrator shall order the person granted the exemption to provide fair and equitable reimbursement 7in an amount determined by the ,administrator7 to-- 7,i7 the person who previously submitted the test information1 for a portion of the costs incurred by the person in complying with the information submission requirement2 and 7,,ii7 any other person who has been required under this subsection to contribute with respect to the costs1 for a portion of the amount the person was required to contribute4 7ii7 ,exception ,clause 7i7 shall not apply if there is agreement on the amount and method of reimbursement between an exempted person described in clause 7i7 and the persons described in subclauses 7,i7 and 7,,ii7 of that clause4 7iii7 ,considerations ,in promulgating rules for the determination of fair and equitable reimbursement to the persons described in subclauses 7,i7 and 7,,ii7 of clause 7i7 for costs incurred with respect to a chemical substance1 the ,administrator shall1 after consultation with the ,attorney ,general and the ,federal ,trade ,commission1 consider all relevant factors1 including-- 7,i7 the effect on the competitive position of the person required to provide reimbursement in relation to the person to be reimbursed2 and 7,,ii7 the share of the market for the substance of the person required to provide reimbursement in relation to the share of the market of the persons to be reimbursed4 7,c7 ,reimbursement due to exemption for test information being developed in accordance with rule or order 7i7 ,in general ,except as provided in clause 7ii71 for an exemption under paragraph 7#b77;,b77ii71 the ,administrator shall order the person granted the exemption to provide fair and equitable reimbursement 7in an amount determined by the ,administrator7 to-- 7,i7 each person who is developing the test information1 for the portion of the costs incurred by each person in complying with the rule or order2 and 7,,ii7 any other person who has been required under this subsection to contribute with respect to the costs of complying with the rule or order1 for a portion of the amount the person was required to contribute4 7ii7 ,exception ,clause 7i7 shall not apply if there is agreement on the amount and method of reimbursement between an exempted person described in clause 7i7 and the persons described in subclauses 7,i7 and 7,,ii7 of that clause4 7iii7 ,considerations ,in promulgating rules for the determination of fair and equitable reimbursement to the persons described in subclauses 7,i7 and 7,,ii7 of clause 7i7 for costs incurred with respect to a chemical substance1 the ,administrator shall1 after consultation with the ,attorney ,general and the ,federal ,trade ,commission1 consider the factors described in subparagraph 7,b77iii74 7iv7 ,lack of compliance ,if any exemption is granted under paragraph 7#b7 on the basis that #a or more persons are developing test information pursuant to a rule or order promulgated or issued under subsection 7a7 or 7b71 and after the exemption is granted1 the ,administrator determines that no person has complied with the rule or order1 the ,administrator shall-- 7,i7 after providing written notice and an opportunity for a hearing to the person who holds the exemption1 by order1 terminate the exemption2 and 7,,ii7 notify in writing the person of the requirements of the rule or order with respect to which the exemption was granted4 7e7 ,notice 7#a7 ,in general ,not later than #ae days after the date of receipt of any test information pursuant to a rule or order under subsection 7a7 or 7b71 the ,administrator shall publish in the ,federal ,register a notice of the receipt of the test information4 7#b7 ,requirements ,subject to section #ad1 each notice shall-- 7,a7 identify the chemical substance for which information has been received2 7,b7 list-- 7i7 the commercial and consumer uses or intended commercial and consumer uses of the substance known to the ,administrator2 and 7ii7 the information required by the applicable standards for the development of test information2 and 7,c7 describe the nature of the test information developed4 7#c7 ,availability ,subject to section #ad1 the ,administrator shall make the test information described in this subsection available on a publicly accessible ,internet site4 7f7 ,requests from other agencies for additional information or testing 7#a7 ,in general ,the head of a ,federal agency may request the ,administrator to seek the information on behalf of that agency if the head of that ,federal agency determines that-- 7,a7 information relating to a chemical substance1 including information derived from new testing or monitoring1 would assist that ,federal agency in carrying out the duties or exercising the authority of that agency2 but 7,b7 the requested information is not available to that agency4 7#b7 ,duty of ,administrator ,not later than #fj days after the date of receipt of a request under paragraph 7#a71 the ,administrator shall-- 7,a7 subject to section #ad1 make the information available to the requesting agency or institution2 7,b7 issue a request under section #h7k7 to require-- 7i7 the submission of existing pertinent information to the ,administrator2 and 7ii7 a copy of any such submission to be furnished to the requesting agency or institution2 7,c7 issue a rule or order under subsection 7b7-- 7i7 to develop the information2 and 7ii7 to require the developed information to be furnished to the requesting agency or institution2 or 7,d7 publish in the ,federal ,register the reason for which none of the actions described in this paragraph were taken4 7g7 ,certification ,each person who submits information under this section or under a rule or an order promulgated or issued by the ,administrator under this section shall accompany the information with a certification signed by a responsible official that each statement contained in the submission-- 7#a7 is accurate and reliable2 and 7#b7 includes all material facts known to1 in the possession or control of1 or reasonably ascertainable by1 the person4 4 #f4 ,new chemical substances and new uses of chemical substances ,section #e of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjd7 is amended to read as follows3 #e4 ,new chemical substances and new uses of chemical substances 7a7 ,definitions ,in this section3 7#a7 ,manufacture and process ,the terms manufacture and process mean manufacture or process1 respectively1 for commercial purposes4 7#b7 ,test marketing ,the term test marketing does not include any provision of a chemical substance or mixture1 or an article containing a chemical substance or mixture1 to an end consumer of the chemical substance1 mixture1 or article4 7b7 ,new chemical substances 7#a7 ,notices ,except as provided in subsection 7h71 no person may manufacture a new chemical substance1 or process the chemical substance for a use that is proposed to meet the criteria described in section #f7;h77#b77;,b71 unless-- 7,a7 the person submits to the ,administrator a notice1 in accordance with subsection 7g77#a77;,a71 of the intention of the person to manufacture or process the substance2 7,b7 the person complies with subsection 7f72 and 7,c7 the ,administrator finds that-- 7i7 the new chemical substance is likely to meet the safety standard under section #f7;d71 which shall be limited to substances assigned by the ,administrator to #a of the categories described in paragraph 7#b77;,d77iii72 or 7ii7 the person has established by clear and convincing evidence that #a or more uses of the new chemical substance meet the criteria described in section #f7;h77#b77;,b71 in which case-- 7,i7 the ,administrator may by order allow the person to manufacture or process the substance only for such use or uses in accordance with subparagraph 7,a7 of section #f7;h77#b72 7,,ii7 the procedures and requirements specified in subparagraphs 7,a71 7,c71 7,d71 and 7,e7 of section #f7;h77#b7 shall apply2 and 7,,iii7 the ,administrator shall not1 upon receipt of a notice of commencement for the chemical substance under subsection 7d71 add the chemical substance to the active inventory established under section #h7;h77#a74 7#b7 ,categorization of new chemical substances 7,a7 ,rule ,not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall promulgate a rule that-- 7i7 designates the categories in accordance with subparagraph 7,d7 and specifies the process and criteria the ,administrator will use to categorize new chemical substances2 and 7ii7 describes criteria and factors the ,administrator will use to assess weight of evidence and the quality and reliability of information used to inform categorization decisions4 7,b7 ,information sources ,in categorizing a new chemical substance1 the ,administrator shall consider information on the substance available to the ,administrator at the time the categorization decision is to be made1 including information-- 7i7 received by the ,administrator from the manufacturer or processor of the substance in accordance with subsection 7f72 7ii7 submitted to a governmental body in another jurisdiction1 to the extent that the information is accessible to the ,administrator2 7iii7 derived through application of validated structure-activity relationship or other models developed by the ,administrator to estimate the environmental and human health effects1 environmental and biological fate and behavior1 and exposure potential of chemical substances2 7iv7 inferred based on the degree of similarity of the structure or properties of the new chemical substance to those of #a or more other chemical substances for which reliable information exists that is relevant to predicting the potential environmental or human health effects1 environmental or biological fate and behavior1 or exposure potential of the new chemical substance2 and 7v7 any additional information the ,administrator determines is needed to categorize the substance1 including information identified as needed based on the analysis by the ,administrator of estimated or inferred information described in clauses 7iii7 and 7iv74 7,c7 ,timing ,not later than #ij days after the date of receipt of a notice under paragraph 7#a77;,a71 the ,administrator shall assign the new chemical substance for which the notice was submitted to #a of the categories described in subparagraph 7,d74 7,d7 ,categories 7i7 ,in general ,the rule promulgated pursuant to subparagraph 7,a7 shall incorporate1 establish criteria for1 and further specify as needed1 the categories described in this subparagraph1 to #a of which each new chemical substance for which a notice is submitted pursuant to paragraph 7#a7 shall be assigned4 7ii7 ,substances of very high concern 7,i7 ,in general ,the ,administrator shall designate as a substance of very high concern any new chemical substance that-- 7aa7 is toxic1 persists in the environment1 and is bioaccumulative2 or 7bb7 is highly hazardous4 7,,ii7 ,requirements 7aa7 ,in general ,the ,administrator shall allow the submitter of a notice under paragraph 7#a77;,a7 for a new chemical substance assigned to the category described in this clause to manufacture or process the new chemical substance only in accordance with paragraph 7#a77;,c77ii74 7bb7 ,prohibition ,no other person may manufacture or process the chemical substance unless the person has submitted a notice pursuant to paragraph 7#a7 and the requirements of paragraph 7#a77;,c77ii7 have been met with respect to that notice4 7iii7 ,substances likely to meet the safety standard 7,i7 ,in general 7aa7 ,the ,administrator shall designate as a substance likely to meet the safety standard any new chemical substance that the ,administrator determines1 based on available information1 would likely meet the safety standard under section #f7;d7-- 7,,aa7 for uses and under conditions specified by the submitter of the notice for the new chemical substance pursuant to paragraph 7#a72 or 7,,bb7 for uses and under additional conditions that could be specified by the ,administrator in making a safety standard determination for the substance4 7bb7 ,the ,administrator shall assign to the category described in item 7aa7 any new chemical substance that meets the criteria specified in subclause 7,,ii7 or 7,,iii74 7,,ii7 ,substances of very low concern 7aa7 ,in general ,within the category described in subclause 7,i71 the ,administrator shall designate as a substance of very low concern any new chemical substance that1 based on robust information1 the ,administrator determines possesses intrinsic low-hazard properties so that no further action by the ,administrator is warranted unless and until the ,administrator receives new information that warrants a different categorization of the chemical substance4 7bb7 ,basis of designation ,in identifying new chemical substances to be placed in the category described in this subclause1 the ,administrator shall base the designation of a new chemical substance as a substance of very low concern on the applicable minimum information set required under section #d1 unless the ,administrator determines that such designation of a particular new chemical substance-- 7,,aa7 can be made to a high degree of confidence based on less information2 or 7,,bb7 requires information in addition to the full minimum information set to address conflicting or ambiguous findings1 in which case the ,administrator may require the development and submission of the additional information4 7,,iii7 ,substances to undergo safety standard determinations ,within the category described in subclause 7,i71 the ,administrator shall designate as a substance to undergo a safety standard determination any new chemical substance that the ,administrator determines1 based on a screening of available use1 hazard1 and exposure information1 has information available for the chemical substance that is sufficiently robust to determine that the chemical substance does not meet the criteria for the categories described in subclause 7,,ii7 or clause 7ii7 or 7iv74 7,,iv7 ,requirement ,for a new chemical substance designated as likely to meet the safety standard pursuant to subclause 7,,ii7 or 7,,iii71 the ,administrator shall1 upon submission of a notice of commencement described in subsection 7d7-- 7aa7 add the chemical substance to the active inventory described in section #h7;h77#a72 and 7bb7 for a chemical substance designated to undergo a safety standard determination1 at the discretion of the ,administrator accounting for timing of the submission and workload considerations1 add the chemical substance to the current batch or hold the substance until the next batch of substances to be prioritized in accordance with section #f7;b77#d74 7,v7 ,manufacturing and processing ,pending the completion of a safety standard determination under section #f7;d71 a chemical substance designated as a substance likely to meet the safety standard may be manufactured or processed for uses and under conditions specified by the ,administrator in determining that the chemical substance is likely to meet the safety standard-- 7aa7 by the submitter of the notice for the chemical substance submitted pursuant to paragraph 7#a77;,a71 upon submission of a notice for the chemical substance pursuant to subsection 7d72 7bb7 by other manufacturers of the chemical substance1 once the chemical substance has been placed on the active inventory described in section #h7;h77#a71 upon submission of a declaration for the chemical substance pursuant to section #h7;b77#a77;,b72 or 7cc7 by processors of the substance1 upon compliance with the requirements of section #h7;e74 7iv7 ,substances with insufficient information 7,i7 ,in general ,the ,administrator shall designate as a substance with insufficient information any new chemical substance for which the ,administrator concludes1 after gathering and screening available use1 hazard1 and exposure information1 that needed information for the chemical substance is not available1 is insufficient1 or is not of sufficient quality and reliability to allow for an informed categorization decision4 7,,ii7 ,required submission ,for substances designated under this clause1 the ,administrator shall require submission of the applicable minimum information set specified under section #d as needed to inform categorization decisionmaking for new chemical substances4 7,,iii7 ,recategorization ,following submission of the applicable minimum information set for the chemical substance pursuant to subclause 7,,ii71 the ,administrator shall recategorize the chemical substance using the categories and process described in this paragraph4 7,,iv7 ,prohibition ,notwithstanding paragraph 7#a77;,c77ii71 no person may manufacture or process a chemical substance designated under this clause until and unless the information described in subclause 7,,ii7 has been submitted and the ,administrator has recategorized the substance1 at which time the provisions applicable to the category to which the substance has been assigned shall apply4 7v7 ,substances unlikely to meet the safety standard 7,i7 ,in general ,the ,administrator shall designate as a substance unlikely to meet the safety standard any new chemical substance that the ,administrator determines1 based on available information1 would be unlikely to meet the safety standard under section #f7;d7-- 7aa7 for uses and under conditions specified by the submitter of the notice for the chemical substance pursuant to paragraph 7#a72 or 7bb7 for other uses or under additional conditions that the ,administrator may evaluate in making a safety standard determination for the chemical substance4 7,,ii7 ,prohibition ,except as provided under clause 7ii71 no person may manufacture or process a chemical substance designated under this clause4 7c7 ,new uses of existing chemical substances 7#a7 ,new uses of existing chemical substances prior to safety standard determination 7,a7 ,in general ,except as provided in subparagraph 7,b71 with respect to an existing chemical substance for which the ,administrator has not made a safety standard determination under section #f7;d71 no person may manufacture or process the chemical substance-- 7i7 for a use that was not ongoing on the date of enactment of the ,safe ,chemicals ,act of #bjac2 or 7ii7 at a volume that is significantly increased from the volume as of the date of enactment of the ,safe ,chemicals ,act of #bjac4 7,b7 ,exception ,a person may manufacture or process a chemical substance in a manner prohibited by subparagraph 7,a7 if-- 7i7 the person submits to the ,administrator the notice specified in subsection 7g77#a77;,b72 7ii7 the person complies with subsection 7f72 and 7iii7 such manufacturing or processing is consistent with subsection 7b77#b77;,d77iii77,v74 7,c7 ,guidance ,not later than #ij days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall issue guidance for the purpose of identifying what constitute new uses and significantly increased production volumes under this paragraph4 7#b7 ,new uses of existing chemical substances that meet the safety standard 7,a7 ,in general ,for an existing chemical substance for which the ,administrator has determined under section #f7;d7 that the manufacturers and processors of the chemical substance have established that the substance meets the applicable safety standard1 no person may manufacture1 process1 distribute in commerce1 use1 or dispose of the chemical substance1 or a mixture or article containing the chemical substance for uses1 at production volumes1 or in manners other than those the ,administrator specified in the safety standard determination1 unless-- 7i7 the person submits to the ,administrator a notice in accordance with subsection 7g77#a77;,c7 of the intention of the person to manufacture1 process1 distribute in commerce1 use1 or dispose of the chemical substance1 or a mixture or article containing the chemical substance1 for the new use or at a new production volume1 or in such other manner that is inconsistent with a specified condition or term in the safety standard determination made by the ,administrator for that substance2 and 7ii7 the ,administrator determines that the person submitting the notice has established that the chemical substance will continue to meet the safety standard if the allowed uses1 production volumes1 or other specified conditions or terms for that substance1 are revised to encompass the new use1 new production volume1 or other manner of manufacturing1 processing1 distribution in commerce1 use1 or disposal4 7,b7 ,amendment to safety standard determination ,if the conditions described in clauses 7i7 and 7ii7 of subparagraph 7,a7 are satisfied1 the ,administrator shall1 by order1 amend the safety standard determination for the chemical substance to include the new use1 production volume1 or other manner of manufacturing or processing among the allowed uses1 production volumes1 or manners of manufacturing1 processing1 distribution in commerce1 use1 or disposal of the chemical substance4 7,c7 ,safety standard determination 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 not later than #ahj days after the date of receipt of a notice pursuant to subparagraph 7,a77i71 the ,administrator shall determine whether the person submitting the notice has established that the chemical substance will continue to meet the safety standard under section #f7;d74 7ii7 ,extension ,the ,administrator may extend the determination deadline under clause 7i7 by #a or more additional periods not to exceed #a year in the aggregate1 in such manner as the ,administrator determines necessary4 7iii7 ,failure to make a timely determination ,the failure of the ,administrator to make a timely determination in accordance with this paragraph shall not be sufficient to satisfy subparagraph 7,a77ii74 7d7 ,notice of commencement 7#a7 ,in general ,not later than #cj days after the date on which a manufacturer or processor commences manufacturing or processing of a new chemical substance1 the manufacturer or processor shall submit to the ,administrator a notice of commencement of manufacture or processing4 7#b7 ,requirements ,the notice of commencement shall-- 7,a7 be considered equivalent to the declaration required under subparagraph 7,a7 or 7,c7 of section #h7;b77#b72 and 7,b7 include the information described in section #h7;b77#e74 7#c7 ,withdrawal ,a person who has submitted a notice for a chemical substance under subsection 7b7 or 7c71 and has not commenced with manufacture or processing of the substance1 may withdraw the notice4 7e7 ,chemical substances exhibiting special substance characteristics 7#a7 ,determination ,the ,administrator shall determine by order or rule that a variant of a chemical substance exhibiting #a or more special substance characteristics-- 7,a7 is a use that is separate from any use of the chemical substance that does not exhibit the special substance characteristics2 or 7,b7 is a distinct chemical substance4 7#b7 ,requirements for variants that are separate uses ,in the case of a chemical substance that the ,administrator determines to be a separate use based on the special substance characteristics of the chemical substance1 the manufacturer or processor shall satisfy such further conditions as the ,administrator establishes1 by order or rule4 7#c7 ,requirements for variants that are distinct chemical substances ,in the case of a chemical substance that the ,administrator determines to be a distinct chemical substance based on the special substance characteristics of the chemical substance1 and that is not listed on the active inventory established under section #h7;h77#a71 the manufacturer or processor shall comply with the requirements of subsection 7b74 7f7 ,submission of data 7#a7 ,in general ,a person shall submit to the ,administrator data in accordance with the rule or order at the time that notice is submitted under subsection 7b7 or 7c7 if the person is required to submit to the ,administrator-- 7,a7 under subsection 7b7 or 7c71 a notice prior to beginning the manufacture or processing of a chemical substance2 and 7,b7 under section #d7;b71 test data for the chemical substance prior to the submission of the notice4 7#b7 ,availability ,subject to section #ad1 the ,administrator shall make any test data submitted under paragraph 7#a7 available on a publicly accessible ,internet site4 7#c7 ,timing ,except as provided under subsection 7b77#b77;,d77iv71 the ,administrator may require a person subject to an information requirement for a chemical substance under this subsection or section #d to submit the information-- 7,a7 prior to and as a condition of the ,administrator assigning the substance to a category2 7,b7 as a condition of commencement of manufacture or processing2 or 7,c7 as a condition of exceeding a specified manufacturing volume or expanding use of the substance4 7g7 ,content and availability of notice 7#a7 ,content 7,a7 ,new chemical substances ,a notice under subsection 7b77#a7 shall include-- 7i7 the chemical identity and any special substance characteristics of the chemical substance2 7ii7 the identity and primary business location of the manufacturer2 7iii7 the information described in section #h7;h77#e77;,b77ii72 7iv7 the minimum information set described in section #d7;a71 where applicable2 and 7v7 a statement that-- 7,i7 the new chemical substance is likely to meet the safety standard under section #f7;d72 or 7,,ii7 the #a or more uses proposed for the new chemical substance meet the criteria described in section #f7;h77#b77;,b74 7,b7 ,new uses of existing chemical substances prior to safety standard determination ,a notice under subsection 7c77#a7 shall include all updates to the declaration described in section #h7;b77#b7 and information described in section #h7;h77#e77;,b77ii7 that is relevant to the new use1 new production volume1 or other new manner of manufacturing or processing4 7,c7 ,new uses of existing chemical substances that meet the safety standard ,a notice under subsection 7c77#b7 shall include-- 7i7 all updates to the declaration described in section #h7;b77#b72 7ii7 information described in section #h7;h77#e77;,b77ii7 that is relevant to the new use1 new production volume1 or other new manner of manufacturing or processing2 7iii7 all updates to the minimum information set described in section #d7;a7 relevant to the new use1 new production volume1 or other new manner of manufacturing or processing2 and 7iv7 a statement that the chemical substance will continue to meet the safety standard if the allowed uses1 production volumes1 or other specified conditions or terms for that chemical substance are revised to encompass the new use1 production volume1 or other manner of manufacturing or processing4 7#b7 ,availability ,subject to section #ad1 the ,administrator shall make the notices under paragraph 7#a7 available on a publicly accessible ,internet site4 7#c7 ,public information ,subject to section #ad1 not later than #e days 7excluding ,saturdays1 ,sundays1 and legal holidays7 after the date of the receipt of a notice under subsection 7b71 7c71 or 7d71 or of data under subsection 7f71 the ,administrator shall make available on a publicly accessible ,internet site a notice that-- 7,a7 identifies the chemical substance for which notice or information has been received2 7,b7 lists the uses or intended uses of the chemical substance2 7,c7 for substances for which a notice is submitted under subsection 7b77#a71 is promptly updated to specify the category to which the ,administrator has assigned the substance pursuant to subsection 7b77#b7 once the assignment has been made2 7,d7 in the case of the receipt of data under subsection 7f71 describes-- 7i7 the nature of the tests performed with respect to the chemical substance2 and 7ii7 any data that were received under subsection 7f7 or a rule or order under section #d2 and 7,e7 references the availability of the minimum information set1 where applicable4 7#d7 ,list of notices ,at the beginning of each month1 the ,administrator shall make available on a publicly accessible ,internet site a list of each chemical substance for which a notice has been received under subsection 7b71 7c71 or 7d74 7h7 ,exemptions 7#a7 ,intrinsically safe substances 7,a7 ,exemption 7i7 ,in general ,if the ,administrator determines that scientific consensus exists that the intrinsic properties of a new chemical substance are such that the chemical substance does not and would not pose any risk of injury to human health or the environment under any intended or reasonably anticipated levels of production1 patterns of use1 or exposures arising at any stage across the lifecycle of the chemical substance1 the ,administrator may1 by order1 exempt the chemical substance1 or particular uses of such substances1 from #a or more of the requirements of this section4 7ii7 ,basis of determination ,a determination under clause 7i7-- 7,i7 shall be based on consideration of the intrinsic properties of the chemical substance2 and 7,,ii7 shall not be based on findings or assumptions of low human or environmental exposure to such substances4 7,b7 ,notice of determination and exemption ,not later than #cj days after providing an exemption pursuant to subparagraph 7,a71 the ,administrator shall publish in the ,federal ,register a notice that-- 7i7 subject to section #ad1 provides the specific identity of the chemical substance or category2 7ii7 if a particular use of the chemical substance is exempted under subparagraph 7,a71 describes the particular use of the chemical substance that the ,administrator has exempted2 and 7iii7 explains and documents the basis for the determination and exemption of the ,administrator4 7,c7 ,reconsideration of exemption 7i7 ,in general ,the ,administrator may reconsider and revoke or modify any exemption provided under subparagraph 7,a7 at any time if the ,administrator determines that-- 7,i7 the conditions specified in subparagraph 7,a7 are no longer met2 or 7,,ii7 such action is necessary to protect human health or the environment or is otherwise in the public interest4 7ii7 ,publication ,in the event of a revocation or modification under clause 7i71 the ,administrator shall publish a notice of the grounds for the revocation4 7,d7 ,prior regulatory exemptions 7i7 ,review 7,i7 ,in general ,not later than #ahj days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall review exemptions that were granted pursuant to subsection 7h77#d7 of this section as in effect on the day before that date of enactment4 7,,ii7 ,effect of exemption ,an exemption described in subclause 7,i7 shall continue to be in effect until the date on which the ,administrator determines1 by order1 that-- 7aa7 the exemption is not appropriate under this section1 at which time the exemption shall cease to be in effect2 or 7bb7 the exemption is appropriate under this section1 at which time the ,administrator may issue an order to modify or continue in effect the exemption pursuant to subparagraph 7,a74 7ii7 ,polymeric chemical substances ,notwithstanding subparagraph 7,a7 and any previously issued exemption applicable to polymeric chemical substances-- 7,i7 subsection 7d7 shall apply to new polymeric chemical substances eligible for the previously issued exemption-- 7aa7 during the period prior to a determination by the ,administrator pursuant to clause 7i7 applicable to such substances2 and 7bb7 after a determination by the ,administrator pursuant to clause 7i77,,ii77bb7 that continuation of the prior exemption is appropriate for some or all such substances1 for such substances to which the continuation applies2 and 7,,ii7 all of this section shall apply to new polymeric chemical substances eligible for the previously issued exemption after a determination by the ,administrator pursuant to clause 7i77,,ii77aa7 that continuation of the prior exemption is not appropriate for some or all such substances1 for such substances to which the determination applies4 7,e7 ,no limitation on authority ,nothing in this paragraph limits or otherwise affects the authority of the ,administrator under any other provision of this ,act4 7#b7 ,test marketing purposes ,subject to paragraph 7#f71 the ,administrator may1 upon application1 exempt any person from any requirement of subsection 7b71 7c71 or 7f7 to permit the person to manufacture or process a chemical substance for test marketing purposes-- 7,a7 upon a showing by the person1 in a manner that the ,administrator determines1 that the manufacture1 processing1 distribution in commerce1 use1 and disposal of the chemical substance 7including any combination of those activities7 will not endanger human health or the environment2 and 7,b7 under such restrictions as the ,administrator considers appropriate4 7#c7 ,equivalent chemical substances 7,a7 ,in general ,the ,administrator shall1 upon application1 fully or partially exempt any person from the requirement to submit any data under subsection 7b7 or 7f7 if1 on receipt of an application1 the ,administrator determines that-- 7i7 the chemical substance for which the application was submitted is equivalent to a chemical substance for which data has been submitted to the ,administrator as required by this ,act2 and 7ii7 submission of data by the applicant on the chemical substance would be duplicative of data which has been submitted to the ,administrator in accordance with this ,act4 7,b7 ,effective date ,no exemption under this paragraph may take effect before the beginning of the reimbursement period applicable to the data4 7,c7 ,fair and equitable reimbursement 7i7 ,definition of reimbursement period ,in this subparagraph1 the term reimbursement period1 with respect to any previously submitted data for a chemical substance1 means a period-- 7,i7 beginning on the date of the termination of the prohibition1 imposed under this section1 on the manufacture or processing of the chemical substance by the person who submitted the data to the ,administrator2 and 7,,ii7 ending on the later of-- 7aa7 the date that is #e years after the date referred to in subclause 7,i72 or 7bb7 the expiration of the period1 which begins on the date referred to in subclause 7,i7 and is equal to the period that the ,administrator determines to be necessary to develop the data4 7ii7 ,reimbursement ,except as provided in clause 7iii71 if the ,administrator exempts any person1 under subparagraph 7,a71 and the exemption is granted during the reimbursement period for that data1 the ,administrator shall order the person granted the exemption to provide fair and equitable reimbursement 7in an amount determined by the ,administrator7-- 7,i7 to the person who previously submitted the data on which the exemption was based1 for a portion of the costs incurred by the person in complying with the requirement under this title to submit the data2 and 7,,ii7 to any other person who has been required under this subparagraph to contribute with respect to the costs1 for a portion of the amount the person was required to contribute4 7iii7 ,exception ,clause 7ii7 shall not apply if the person exempted under that clause and the persons described in subclauses 7,i7 and 7,,ii7 of that clause agree on the amount and method of reimbursement4 7iv7 ,considerations ,in promulgating rules for the determination of fair and equitable reimbursement to the persons described in subclauses 7,i7 and 7,,ii7 of clause 7ii7 for costs incurred with respect to a chemical substance1 the ,administrator shall1 after consultation with the ,attorney ,general and the ,federal ,trade ,commission1 consider all relevant factors1 including-- 7,i7 the effect on the competitive position of the person required to provide reimbursement in relation to the persons to be reimbursed2 and 7,,ii7 the share of the market for the chemical substance of the person required to provide reimbursement to the share of the market of the persons to be reimbursed4 7#d7 ,small quantities solely for experimentation1 research1 and analysis 7,a7 ,in general ,if the conditions described in subparagraph 7,b7 are met1 subsections 7b71 7c71 and 7f7 shall not apply with respect to the manufacturing or processing of any chemical substance that is manufactured or processed1 or proposed to be manufactured or processed1 only in small quantities 7as defined by the ,administrator by rule7 solely for purposes of-- 7i7 scientific experimentation or analysis2 or 7ii7 chemical research on1 or analysis of the chemical substance or another chemical substance1 including such research or analysis for the development of a product4 7,b7 ,conditions ,all persons engaged in the experimentation1 research1 or analysis for a manufacturer or processor shall be notified 7in such form and manner as the ,administrator may prescribe7 of any risk to human health that the manufacturer1 processor1 or the ,administrator has reason to believe may be associated with that chemical substance4 7#e7 ,temporary existence ,subject to paragraph 7#f71 the ,administrator may1 upon application1 exempt from subsections 7b71 7c71 and 7f7 the manufacturing or processing of any chemical substance-- 7,a7 that exists temporarily as a result of a chemical reaction in the manufacturing or processing of a mixture or another chemical substance2 and 7,b7 to which there is no1 and will not be1 human or environmental exposure4 7#f7 ,publication 7,a7 ,in general ,as soon as practicable after the date of receipt of an application under paragraph 7#b7 or 7#e71 the ,administrator shall publish in the ,federal ,register notice of the receipt of the application4 7,b7 ,requirements ,the ,administrator shall-- 7i7 give interested persons an opportunity to comment upon any application described in subparagraph 7,a72 7ii7 not later than #de days after the date of receipt of an application1 approve or deny the application2 and 7iii7 publish in the ,federal ,register notice of the approval or denial of the application4 7i7 ,certification ,each submission required under this section or under a rule or an order promulgated or issued by the ,administrator under this section shall be accompanied by a certification signed by a responsible official of the manufacturer or processor that each statement contained in the submission-- 7#a7 is accurate and reliable2 and 7#b7 includes all material facts required by the applicable provision of this section or rule or order under this section4 4 #g4 ,batching1 categorization1 prioritization1 safety standard determination1 and risk management 7a7 ,in general ,section #f of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7 is amended-- 7#a7 by striking subsection 7f72 7#b7 by redesignating subsection 7e7 as subsection 7i72 7#c7 by striking the section heading and designation and all that follows through subsection 7d7 and inserting the following3 #f4 ,batching1 categorization1 prioritization1 safety standard determination1 and risk management 7a7 ,batching 7#a7 ,in general ,to ensure that an efficient and orderly process and pace is established for the determination of safety of chemical substances in commerce and the application of risk management measures as needed1 the ,administrator shall establish a system for assigning chemical substances into batches in accordance with this subsection4 7#b7 ,requirements 7,a7 ,timing ,not later than #bgj days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 and not less frequently than once every #e years thereafter until all chemical substances listed on the active portion of the inventory established under section #h7;h77#a7 have been assigned to a batch1 the ,administrator shall assign chemical substances on the active portion of the inventory to batches of chemical substances under this subsection4 7,b7 ,number ,each batch established under this subsection shall include a number of chemical substances approximately equal to the number of chemical substances for which reports are submitted to the ,administrator under the chemical data reporting rule as of the date of enactment of the ,safe ,chemicals ,act of #bjac4 7,c7 ,publication ,the ,administrator shall publish1 subject to section #ad1 the list of chemical substances assigned to each batch promptly on designation of the chemical substances to the batch4 7#c7 ,initial batch 7,a7 ,in general ,subject to subparagraph 7,b71 the initial batch of chemical substances designated under paragraph 7#b77;,a7 shall include the chemical substances for which reports are submitted to the ,administrator under the chemical data reporting rule as of the date of enactment of the ,safe ,chemicals ,act of #bjac4 7,b7 ,inclusions and exclusions ,notwithstanding subparagraph 7,a71 the ,administrator may-- 7i7 include in the initial batch chemical substances that-- 7,i7 are manufactured at volumes below the threshold used under the chemical data reporting rule to designate chemical substances subject to basic reporting under that rule2 but 7,,ii7 are used or released into the environment in a manner that the ,administrator determines warrants early evaluation2 and 7ii7 exclude from the initial batch chemical substances that-- 7,i7 are reported to the ,administrator under the chemical data reporting rule2 but 7,,ii7 are used or released into the environment in a manner that the ,administrator determines does not warrant early evaluation4 7#d7 ,subsequent batches ,the ,administrator shall assign chemical substances to subsequent batches in a manner that the ,administrator determines reflects the extent to which the chemical substances warrant earlier or later evaluation4 7b7 ,categorization and prioritization 7#a7 ,regulations ,not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall promulgate regulations that-- 7,a7 establish the categories and specify the process and criteria the ,administrator will use to categorize chemical substances1 which shall be consistent with paragraph 7#c77;,b71 beginning with those chemical substances assigned to the initial batch described in subsection 7a77#c72 7,b7 designate the process and criteria the ,administrator will use to prioritize chemical substances that are placed in the category of chemical substances to undergo safety standard determinations1 which shall be consistent with the priorities described in paragraph 7#d72 7,c7 describe how the categorization and prioritization process and criteria relate to1 and take into account1 the categorization and prioritization decisions made in other jurisdictions1 including ,states and foreign governments2 and 7,d7 describe criteria and factors the ,administrator will use to weigh evidence and assess the quality and reliability of information used to inform categorization and prioritization decisions4 7#b7 ,information sources 7,a7 ,in general ,in making categorization and prioritization decisions1 the ,administrator shall take into consideration information regarding chemical substances that is available to the ,administrator at the time the decisions are made1 including information that is-- 7i7 received by the ,administrator from manufacturers or processors pursuant to requirements under section #h7;b7 and 7c72 7ii7 included in any minimum information set required under section #d2 7iii7 submitted to the ,administrator that is relevant to the categorization or prioritization of the chemical substance2 and 7iv7 identified through an active search by the ,administrator of information sources that are publicly available or otherwise accessible to the ,administrator4 7,b7 ,information from manufacturers and processors 7i7 ,in general ,subject to clause 7ii71 on designation by the ,administrator under paragraph 7#c77;,b77iii7 of a chemical substance safety standard determination1 any manufacturer or processor of a designated chemical substance and any trade association or voluntary consortium that represents a manufacturer or processor of a designated chemical substance may provide to the ,administrator information that-- 7,i7 relates to the chemical substances manufactured or processed by the applicable manufacturer or processor2 7,,ii7 is in the possession of1 or known to1 the manufacturer1 processor1 trade association1 or consortium2 and 7,,iii7 is not already available to the ,administrator4 7ii7 ,requirement ,if a manufacturer1 processor1 trade association1 or consortium elects to provide information to the ,administrator under clause 7i71 the manufacturer1 processor1 trade association1 or consortium shall provide all relevant information in the possession of1 or known to1 the manufacturer1 processor1 trade association1 or consortium for each chemical substance designated by the ,administrator that is manufactured or processed by the applicable manufacturer or processor4 7iii7 ,method of submission ,information described in this subparagraph may be submitted to the ,administrator by-- 7,i7 a manufacturer or processor-- 7aa7 on an individual basis2 or 7bb7 through a trade association or voluntary consortium2 and 7,,ii7 a trade association or voluntary consortium that has developed relevant information on behalf of the manufacturers or processors of designated chemical substances represented by the trade association or voluntary consortium4 7#c7 ,categorization of chemical substances 7,a7 ,timing 7i7 ,initial batch ,not later than #ahj days after the date of promulgation of regulations pursuant to paragraph 7#a71 the ,administrator shall publish1 subject to section #ad1 the category assignments for the initial batch of chemical substances identified under subsection 7a77#c71 using the categories described in subparagraph 7,b74 7ii7 ,subsequent batches ,not later than #ahj days after the date on which the ,administrator designates each subsequent batch of chemical substances under subsection 7a77#b77;,a71 the ,administrator shall publish the category assignments for the chemical substances in the batch4 7,b7 ,categories ,the regulation promulgated pursuant to paragraph 7#a7 shall incorporate1 establish criteria for1 and further specify as needed1 the following categories into which chemical substances in each batch shall be placed3 7i7 ,substances of very high concern 7,i7 ,in general ,the ,administrator shall designate as substances of very high concern those chemical substances-- 7aa7 for which there is evidence of widespread exposure and that-- 7,,aa7 are toxic1 persist in the environment1 and are bioaccumulative2 or 7,,bb7 are highly hazardous2 or 7bb7 that are subject to regulation under section #f or #g of this ,act 7as in effect on the day before the date of enactment of the ,safe ,chemicals ,act of #bjac74 7,,ii7 ,information set ,a minimum information set1 as specified under section #d1 need not be submitted or otherwise available for a chemical substance to be designated a substance of very high concern under this clause4 7ii7 ,substances of very low concern 7,i7 ,in general ,the ,administrator shall designate as substances of very low concern those chemical substances that1 based on robust information1 the ,administrator determines possess intrinsic low-hazard properties such that no further action by the ,administrator is warranted1 unless the ,administrator receives new information that warrants a different categorization of the chemical substance4 7,,ii7 ,factors for consideration ,in designating chemical substances to be placed in the very low concern category under this clause1 the ,administrator shall-- 7aa7 take into consideration whether chemical substances in commerce have received1 as of the date of enactment of the ,safe ,chemicals ,act of #bjac1 exemptions under section #e of this ,act 7as in effect on the day before the date of enactment of the ,safe ,chemicals ,act of #bjac7 based on anticipated low intrinsic hazard2 and 7bb7 in general1 base the designation on a minimum information set as required under section #d1 unless the ,administrator determines that such designation of a particular chemical substance-- 7,,aa7 can be made to a high degree of confidence based on less information2 or 7,,bb7 requires information in addition to the full minimum information set to address conflicting or ambiguous findings1 in which case the ,administrator may require the development and submission of the additional information4 7iii7 ,substances to undergo safety standard determinations ,the ,administrator shall designate as substances to undergo safety standard determinations those chemical substances that the ,administrator determines-- 7,i7 based on a screening of available use1 hazard1 and exposure information1 do not meet the criteria for the categories described in clauses 7i7 and 7ii72 and 7,,ii7 are the subject of available information that is sufficiently robust to inform prioritization decisions to be made for the chemical substances under paragraph 7#d74 7iv7 ,substances with insufficient information 7,i7 ,in general ,the ,administrator shall designate as substances with insufficient information those chemical substances for which the ,administrator determines1 after gathering and screening available use1 hazard1 and exposure information1 that information is not available1 is insufficient1 or is not of sufficient quality and reliability to allow for an informed categorization decision4 7,,ii7 ,minimum information set 7aa7 ,in general ,for chemical substances designated under this clause1 the ,administrator shall require submission of the applicable minimum information set specified under section #d as needed to inform categorization decisionmaking4 7bb7 ,timing ,the minimum information set shall be submitted to the ,administrator-- 7,,aa7 not later than #e years after the date of enactment of the ,safe ,chemicals ,act of #bjac for the initial batch of chemical substances identified under subsection 7a77#c72 and 7,,bb7 not later than #e years after the assignment of a chemical substance to the category under this clause for subsequent batches4 7,,iii7 ,recategorization 7aa7 ,in general ,after submission of the minimum information set for a chemical substance pursuant to subclause 7,i71 the ,administrator shall recategorize the chemical substance using the categories and process described in this paragraph4 7bb7 ,discretion of ,administrator ,the ,administrator1 taking into account the timing of the submission and workload considerations1 may-- 7,,aa7 add a chemical substance to a current batch2 or 7,,bb7 hold the chemical substance until the next batch of chemical substances for recategorization4 7v7 ,designation to only #a category ,a chemical substance shall not be simultaneously in more than #a of the categories designated under clause 7i7 through 7iv74 7#d7 ,prioritization of chemical substances 7,a7 ,timing 7i7 ,initial batch ,not later than #bgj days after the date of promulgation of regulations pursuant to paragraph 7#a71 the ,administrator shall publish1 subject to section #ad1 the priority class assignments1 using the priority classes described in subparagraph 7,b71 for the chemical substances in the initial batch of chemical substances identified under subsection 7a77#c7 that the ,administrator has assigned to the category of chemical substances to undergo safety standard determinations4 7ii7 ,subsequent batches ,not later than #bgj days after the date on which the ,administrator designates each subsequent batch of chemical substances under subsection 7a77#b77;,a71 the ,administrator shall publish the priority class assignments for the chemical substances in the batch that the ,administrator has assigned to the category of chemical substances to undergo safety standard determinations4 7,b7 ,criteria ,the criteria used by the ,administrator to assign chemical substances to priority classes shall take into account-- 7i7 potential impacts of the chemical substance on human health and the environment2 7ii7 the hazard potential of the chemical substance1 including classifications and designations of hazard characteristics by other authoritative entities2 7iii7 the potential for exposure to the chemical substance2 and 7iv7 measurements of exposure for a given pathway of exposure1 if available and reliable1 in preference to less direct indicators of1 or surrogates for1 exposure potential for the same pathway4 7,c7 ,priority classes ,the regulations promulgated pursuant to paragraph 7#a7 shall establish the following priority classes and criteria1 and further specify the process the ,administrator will use to assign to the priority classes the chemical substances in each batch that the ,administrator has assigned to the category of chemical substances to undergo safety standard determinations3 7i7 ,priority ,class #a 7,i7 ,in general ,in each batch1 the ,administrator shall designate as ,priority ,class #a those chemical substances that the ,administrator determines warrant safety standard determinations in the near term4 7,,ii7 ,initial assignment ,the ,administrator shall in each batch initially designate as ,priority ,class #a chemical substances that possess relatively greater hazard potential and for which there is evidence of more significant or widespread exposure4 7,,iii7 ,reassignment ,as safety standard determinations for the chemical substance are completed1 the ,administrator may designate as ,priority ,class #a any chemical substance initially assigned to a lower priority class1 including chemical substances-- 7aa7 posing significant hazard concerns but of less or unknown exposure concern2 7bb7 posing significant exposure concern but of less or unknown hazard concern2 or 7cc7 posing less hazard and exposure concerns4 7,,iv7 ,factors for consideration ,in determining the number of chemical substances to be placed in ,priority ,class #a1 the ,administrator shall seek to balance considerations relating to-- 7aa7 the number of chemical substances for which safety standard determinations need to be conducted2 7bb7 the resources available to the ,administrator for conducting safety standard determinations2 and 7cc7 the deadlines for completion of safety standard determinations specified in subsection 7d77#d74 7ii7 ,priority ,class #b 7,i7 ,in general ,the ,administrator shall designate as ,priority ,class #b those chemical substances that the ,administrator determines are of lower priority than ,priority ,class #a substances with respect to the timing for conducting safety standard determinations4 7,,ii7 ,minimum information set 7aa7 ,in general ,for chemical substances designated under this clause1 the ,administrator shall require submission of the applicable minimum information set specified under section #d as needed to inform prioritization decisionmaking4 7bb7 ,timing ,the minimum information set shall be submitted to the ,administrator-- 7,,aa7 not later than #e years after the date of enactment of the ,safe ,chemicals ,act of #bjac for chemical substances in the initial batch identified under subsection 7a77#c7 that are assigned to ,priority ,class #b2 and 7,,bb7 not later than #e years after the assignment of a chemical substance to ,priority ,class #b under this clause for subsequent batches4 7,,iii7 ,reprioritization ,after submission of the minimum information set for a chemical substance under subclause 7,,ii71 the ,administrator shall1 if warranted1 recategorize or otherwise reprioritize the chemical substance using the priority classes and process described in this paragraph1 together with other chemical substances in the batch undergoing prioritization at the time of the submission4 7,,iv7 ,reprioritization to ,priority ,class #a ,as safety standard determinations are completed on ,priority ,class #a chemical substances pursuant to subsection 7d71 the ,administrator shall reprioritize ,priority ,class #b substances as ,priority ,class #a at a pace consistent with-- 7aa7 the resources available to the ,administrator for conducting safety standard determinations2 and 7bb7 the deadlines for completion of safety standard determinations specified in subsection 7d77#d74 7iii7 ,priority ,class #c 7,i7 ,in general ,the ,administrator shall designate as ,priority ,class #c those chemical substances that the ,administrator determines may be set aside for further assessment until such time as-- 7aa7 safety standard determinations are completed on all ,priority ,class #a and #b substances2 or 7bb7 new information arises that warrants reprioritization of such a substance to a higher priority class4 7,,ii7 ,minimum information set 7aa7 ,in general ,for a chemical substance designated under this clause1 the ,administrator shall not require submission of the applicable minimum information set specified under section #d until such time as the chemical substance is reassigned to ,priority ,class #a or #b4 7bb7 ,submission ,on reassignment of a chemical substance to ,priority ,class #a or #b under item 7aa71 the minimum information set shall be submitted to the ,administrator not later than #e years after the date of the reassignment4 7,,iii7 ,reprioritization ,after submission of the minimum information set for a chemical substance pursuant to subclause 7,,ii71 the ,administrator shall reprioritize the chemical substance using the priority classes and process described in this paragraph1 together with chemical substances in the batch undergoing prioritization at the time of the submission4 7,,iv7 ,reprioritization to ,priority ,classes #a and #b ,in conjunction with the reprioritization by the ,administrator of ,priority ,class #b substances as ,priority ,class #a1 the ,administrator shall reprioritize ,priority ,class #c substances as ,priority ,class #a or #b1 at a pace consistent with-- 7aa7 the resources available to the ,administrator for conducting safety standard determinations2 and 7bb7 the deadlines for completion of safety standard determinations specified in subsection 7d77#d74 7c7 ,treatment as final agency action2 no judicial review2 nondiscretionary duty 7#a7 ,in general ,the designation by the ,administrator of batches of chemical substances pursuant to subsection 7a71 the assignment of chemical substances to categories pursuant to subsection 7b77#c71 and the assignment of chemical substances to priority classes pursuant to subsection 7b77#d71 including any determination of the ,administrator to include a specific chemical substance in1 or exclude a specific chemical substance from1 a designated batch1 category1 or priority class under this section1 shall not be-- 7,a7 considered to be a final agency action for the purpose of subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act72 or 7,b7 subject to judicial review4 7#b7 ,failure to act ,a failure by the ,administrator to designate or publish a list of chemical substances assigned to a batch1 category1 or priority class in accordance with this subsection shall be-- 7,a7 considered to be a failure to perform a nondiscretionary duty2 and 7,b7 subject to judicial review4 7d7 ,safety standard determinations for chemical substances 7#a7 ,in general 7,a7 ,application ,this paragraph applies to any determination or redetermination regarding whether a chemical substance meets the safety standards of this ,act4 7,b7 ,responsibilities 7i7 ,in general ,for purposes of this ,act1 each manufacturer and processor of a chemical substance shall at all times bear the burden of proof in any legal proceeding relating to a decision of the ,administrator regarding whether the chemical substance meets the safety standard4 7ii7 ,duties ,for purposes of this ,act-- 7,i7 it shall be the duty of the manufacturer or processor of a chemical substance to provide sufficient information for the ,administrator to determine whether the chemical substance meets the safety standard2 and 7,,ii7 it shall be the duty of the ,administrator to determine whether a chemical substance meets the safety standard4 7#b7 ,assessment of risk 7,a7 ,assessment 7i7 ,in general ,a chemical substance that undergoes a safety standard determination under this section may be manufactured1 processed1 or distributed in commerce only if the ,administrator determines that the chemical substance-- 7,i7 meets the safety standard1 taking into account any existing conditions or controls already in effect2 or 7,,ii7 can meet the safety standard for all or some uses through the imposition of additional conditions4 7ii7 ,requirement ,any assessment of risk used to support a determination that a chemical substance meets the safety standard under clause 7i7 shall be conducted by employees of the ,environmental ,protection ,agency who are competent to conduct such assessments4 7,b7 ,safety standard 7i7 ,in general ,the ,administrator shall base a determination of whether a safety standard for a chemical substance has been met under subparagraph 7,a7 solely on considerations of human health and the environment1 including the health of vulnerable populations4 7ii7 ,considerations ,in making a safety standard determination under this subsection1 for each chemical substance1 the ,administrator shall-- 7,i7 to the extent practicable1 review and incorporate any available scientific information relating to the effect of cumulative exposure relevant to that chemical substance on human health and the environment2 and 7,,ii7 find that a chemical substance meets the safety standard only if the ,administrator finds that there is a reasonable certainty that no harm will result to human health or the environment from aggregate exposure to the chemical substance4 7,c7 ,financial interests ,no person conducting an assessment described in subparagraph 7,a71 or a peer review of such an assessment1 may have a direct or indirect financial interest in the outcome of the assessment4 7,d7 ,methodology 7i7 ,in general ,subject to clause 7ii71 the ,administrator shall use the best available science when conducting an assessment described in subparagraph 7,a74 7ii7 ,considerations ,for the purpose of determining the current best available science the ,administrator shall base the determination on the recommendations of the ,national ,academy of ,sciences in the report entitled ,science and ,decisions4 7iii7 ,review ,not later than #e years after the date of enactment of the ,safe ,chemicals ,act of #bjac1 and not less frequently than once every #e years thereafter1 the ,administrator shall review the methodology under this paragraph and may revise the methodology to reflect new scientific developments or understandings4 7,e7 ,scope ,an assessment described in subparagraph 7,a7 shall address health or environmental impacts including potential or demonstrated cancer and noncancer endpoints4 7,f7 ,transparency ,in carrying out this subsection1 the ,administrator shall ensure that the approaches and resulting assessments are communicated in a manner that is transparent and understandable to-- 7i7 the public2 and 7ii7 risk managers4 7,g7 ,manufacture or processing for export ,in the case of a chemical substance that is manufactured or processed in whole or in part for export1 in determining whether the chemical substance meets the safety standard under subparagraph 7,a77i71 the ,administrator shall take into account any risk-- 7i7 that the chemical substance may pose in the ,united ,states1 including risks involving long-range transport of the chemical substance in the environment2 or 7ii7 involving the import of articles and mixtures containing the chemical substance4 7,h7 ,risk assessment not required ,the ,administrator shall not be required to conduct a risk assessment to determine that a manufacturer or processor has not met the burden of proof under paragraph 7#a77;,b74 7,i7 ,no judicial review ,a determination by the ,administrator that a manufacturer or processor has not established that the chemical substance meets the applicable safety standard under this subsection shall not be subject to judicial review4 7#c7 ,information for safety standard determinations 7,a7 ,in general ,in making a safety standard determination with respect to a chemical substance1 the ,administrator-- 7i7 shall take into consideration information regarding the chemical substance that is already available to the ,administrator at the time the determination is to be made1 including information-- 7,i7 received by the ,administrator from manufacturers or processors under this section or section #h2 7,,ii7 contained in any minimum information sets previously required under section #d2 7,,iii7 voluntarily submitted by manufacturers and processors in accordance with subsection 7b77#b77;,b72 7,,iv7 submitted by any other party to the ,administrator that is relevant to the conduct of a safety standard determination of the chemical substance2 or 7,v7 identified through an active search by the ,administrator of information sources that are publicly available or otherwise accessible to the ,administrator2 7ii7 shall require information needed to complete the applicable minimum information set for the chemical substance required under section #d7;a72 7iii7 may require1 by regulation or order pursuant to section #d7;b7 or #h7;e71 manufacturers or processors of the chemical substance to develop and submit any additional information the ,administrator determines is needed to conduct the safety standard determination of the chemical substance2 and 7iv7 shall take into consideration1 but not rely on1 assessments of safety or analyses of the effectiveness of existing control measures-- 7,i7 submitted to the ,administrator by any party2 or 7,,ii7 conducted by a governmental entity in another jurisdiction4 7#d7 ,timing of safety standard determinations 7,a7 ,priority ,class #a 7i7 ,in general ,beginning with chemical substances initially designated as ,priority ,class #a under subsection 7b77#d77;,c77i71 the ,administrator shall conduct safety standard determinations of all chemical substances assigned to the category of substances to undergo safety standard determinations pursuant to subsection 7b77#c77;,b77iii74 7ii7 ,initial batch ,not later than #e years after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall complete and publish safety standard determinations for all chemical substances designated as ,priority ,class #a substances in the initial batch of chemical substances identified under subsection 7a77#c74 7iii7 ,subsequent batches ,not later than #e years after the date on which the ,administrator designates chemical substances as ,priority ,class #a in each subsequent batch of chemical substances under subsection 7a77#b77;,a71 the ,administrator shall complete and publish safety standard determinations for those ,priority ,class #a substances in the batch4 7,b7 ,priority ,classes #b and #c 7i7 ,in general ,each chemical substance initially designated as ,priority ,class #b or #c shall become subject to reprioritization and safety standard determinations in accordance with subsection 7b77#d74 7ii7 ,reprioritization ,not later than #e years after the date on which the ,administrator designates a ,priority ,class #b or #c substance to be ,priority ,class #a1 the ,administrator shall complete and publish the safety standard determination on the chemical substance4 7,c7 ,notice of overdue determination ,if the ,administrator fails to act by an applicable deadline under subparagraph 7,a7 or 7,b71 each manufacturer and processor of a chemical substance for which the ,administrator has failed to act shall provide to the ,administrator1 the public1 employees and recognized bargaining agents of any employees who are represented by bargaining agents of the manufacturer or processor1 and each known customer who has purchased the chemical substance within a reasonable timeframe1 as determined by the ,administrator by regulation or order1 a written notice that a determination by the ,administrator of the safety of the chemical substance is pending4 7,d7 ,failure of manufacturer or processor to meet duties ,if a manufacturer or processor fails to meet any duty under this paragraph for a chemical substance1 the ,administrator1 by order1 may take any action authorized under subsection 7f74 7#e7 ,outcome of safety standard determinations 7,a7 ,determination 7i7 ,in general ,in making a safety standard determination for a chemical substance1 the ,administrator1 by order1 shall determine or redetermine1 as appropriate1 whether the manufacturers and processors of the chemical substance have established that the chemical substance meets the safety standard4 7ii7 ,concurrent publication ,the ,administrator-- 7,i7 shall seek to publish safety standard determination and risk management decisions concurrently1 to the maximum extent practicable2 but 7,,ii7 shall not unduly delay the issuance of any safety standard determination if more information or analysis is required to make a determination regarding risk management4 7iii7 ,other requirements ,the ,administrator-- 7,i7 may publish safety standard determinations for chemical substances individually or in groups2 but 7,,ii7 shall publish completed determinations-- 7aa7 not less frequently than annually2 and 7bb7 at a pace sufficient to demonstrate steady progress toward completing all such safety standard determinations within the required timeframe4 7iv7 ,public notice and comment ,the ,administrator shall provide reasonable public notice and opportunity for comment on all published safety standard determinations through any reasonable means of publication and solicitation of comments1 including electronic means4 7,b7 ,positive safety standard determination without new conditions ,if the ,administrator determines that a chemical substance meets the safety standard for all current uses and under conditions currently used1 the ,administrator shall specify in the order-- 7i7 the allowed uses of the chemical substance1 which shall be limited to the uses evaluated in the determination2 and 7ii7 conditions on the specified uses that are currently used and are to be followed to ensure the safety standard is met1 including conditions relating to the manufacture1 processing1 use1 distribution in commerce1 or disposal of a chemical substance or mixture or article containing the chemical substance4 7,c7 ,positive safety standard determination with new conditions ,if the ,administrator determines that a chemical substance can only meet the safety standard for a subset of all current uses or only under conditions beyond those currently used1 the ,administrator shall specify in the order-- 7i7 the allowed uses of the chemical substance1 which shall be limited to the uses evaluated in the determination that the ,administrator determines meet the safety standard2 and 7ii7 all current and all newly required conditions on the specified uses needed to ensure the safety standard is met1 including conditions relating to the manufacture1 processing1 use1 distribution in commerce1 or disposal of a chemical substance or mixture or article containing the chemical substance1 and any conditions described in subsection 7f74 7,d7 ,effective date for positive safety standard determination 7i7 ,without new conditions ,effective beginning on the date that is #ij days after the date of a determination by the ,administrator under subparagraph 7,b71 no person shall manufacture1 process1 or distribute in commerce the chemical substance subject to the determination1 or any mixture or article containing the chemical substance1 for any use or under any condition other than those specified in the determination order4 7ii7 ,with new conditions ,effective beginning on the date that is #ah months after the date of a determination by the ,administrator under subparagraph 7,c71 except as provided in clause 7iii71 no person shall manufacture1 process1 or distribute in commerce the chemical substance subject to the determination1 or any mixture or article containing the chemical substance1 for any use or under any condition other than those specified in the determination order4 7iii7 ,exceptional circumstance ,the ,administrator may grant a manufacturer or processor of a chemical substance a #a-time extension of the deadline for complying with a restriction under clause 7ii71 for a period of not longer than #e years after the date of the determination by the ,administrator under subparagraph 7,c71 if the manufacturer or processor demonstrates-- 7,i7 a compelling technological need to continue a restricted activity beyond the applicable #ah-month time period2 or 7,,ii7 that a factor wholly beyond the control of the manufacturer or processor prevents compliance with the restriction within that #ah-month time period4 7,e7 ,redetermination 7i7 ,in general ,the ,administrator shall initiate a redetermination of whether a chemical substance meets the safety standard if new information or significant changes in manufacture1 processing1 use1 or distribution in commerce of the chemical substance1 or mixtures or articles containing the chemical substance1 raise a credible question as to whether the chemical substance continues to meet the safety standard4 7ii7 ,new methodologies ,the ,administrator may initiate a redetermination of whether a chemical substance meets the safety standard if significant changes have occurred in the methodologies used in the initial safety standard determination such that a redetermination using the newer methodologies would provide a significantly improved determination of the safety of the chemical substance4 7iii7 ,new information ,for a chemical substance for which a safety standard determination has been completed1 the ,administrator shall assess1 on an ongoing basis1 new information1 including that obtained from reporting under section #h1 to decide whether such information raises a credible question as to whether a chemical substance continues to meet the safety standard4 7iv7 ,petition for redetermination 7,i7 ,in general ,any person may petition the ,administrator for a redetermination of whether a chemical substance continues to meet the safety standard4 7,,ii7 ,basis ,a person shall include in a petition under this clause a description of the basis for requesting the redetermination4 7,,iii7 ,action by ,administrator ,on receipt of a petition under this clause1 the ,administrator shall-- 7aa7 not later than #cj days after the date of receipt1 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 7bb7 make the petition available on request2 7cc7 provide a reasonable opportunity for public review and comment on the petition and give due consideration to any comments received2 7dd7 decide whether to make the requested redetermination2 and 7ee7 not later than #ahj days after the date of receipt1 publish in the ,federal ,register the decision and the basis for the decision4 7v7 ,deadline for completion ,each redetermination carried out under this subparagraph shall be completed by not later than #c years after the date of the decision to make the redetermination4 7,f7 ,negative safety standard determination 7i7 ,restriction ,except as provided in clause 7ii7 and subsection 7h71 effective beginning on the date that is #ah months after the date on which the ,administrator makes a determination under this subsection that a chemical substance fails to meet the safety standard1 regardless of whether additional restrictions on use or risk management conditions are imposed1 no person shall manufacture1 process1 or distribute in commerce that chemical substance or any mixture or article containing the chemical substance4 7ii7 ,exceptional circumstance ,the ,administrator may grant a manufacturer or processor of a chemical substance a #a-time extension of the deadline for complying with the restriction under clause 7i71 for a period of not longer than #e years after the date of the determination by the ,administrator under this subparagraph1 if the manufacturer or processor demonstrates-- 7,i7 a compelling technological need to continue a restricted activity beyond the applicable #ah-month time period2 or 7,,ii7 that a factor wholly beyond the control of the manufacturer or processor prevents compliance with the restriction within that #ah-month time period4 7e7 ,expedited action for substances of very high concern 7#a7 ,use and exposure assessment 7,a7 ,in general ,not later than #ahj days after the date on which a chemical substance is assigned to the category of substances of very high concern under subsection 7b77#c77;,b77i71 the ,administrator may require1 by order pursuant to section #h7;g71 the submission by manufacturers or processors of the chemical substance of any additional information the ,administrator determines to be necessary to conduct an expedited assessment of the known uses of1 and exposures to1 the chemical substance4 7,b7 ,publication ,not later than #a year after the date on which a chemical substance is assigned to the category of substances of very high concern under subsection 7b77#c77;,b77i71 the ,administrator shall complete and publish an identification and assessment of the known uses of1 and exposures to1 the chemical substance4 7#b7 ,exposure reduction 7,a7 ,use restrictions and other conditions ,as soon as practicable1 but not later than #ah months1 after the date on which a chemical substance is assigned to the category of substances of very high concern under subsection 7b77#c77;,b77i71 the ,administrator shall impose1 by order1 use restrictions and other conditions1 including the conditions specified in subsection 7f71 on the manufacturing1 processing1 use1 distribution in commerce1 and disposal of the chemical substance that the ,administrator determines to be necessary to achieve the maximum practicable reduction in human or environmental exposure to the chemical substance4 7,b7 ,timing ,except as provided in subparagraph 7,c7 and subsection 7h71 effective beginning on the date that is #ah months after the date of issuance by the ,administrator of the order described in subparagraph 7,a71 no person shall manufacture1 process1 or distribute in commerce the chemical substance subject to the determination1 or any mixture or article containing the chemical substance1 for any use or under any condition other than those specified in the order issued under subparagraph 7,a74 7,c7 ,exceptional circumstance ,the ,administrator may grant a manufacturer or processor of a chemical substance a #a-time extension of the deadline for complying with the restriction under subparagraph 7,b71 for a period of not longer than #e years after the date of the determination by the ,administrator under this paragraph1 if the manufacturer or processor demonstrates-- 7i7 a compelling technological need to continue a restricted activity beyond the applicable #ah-month time period2 or 7ii7 that a factor wholly beyond the control of the manufacturer or processor prevents compliance with the restriction within that #ah-month time period4 7#c7 ,residual risk assessment ,not later than #a year after the deadline specified in paragraph 7#b77;,b71 or of an alternative deadline provided under paragraph 7#b77;,c71 the ,administrator shall-- 7,a7 determine whether the chemical substance meets the safety standard for the chemical substance1 taking into account the residual risk posed by continued exposure to the chemical substance2 and 7,b7 impose any additional restrictions on use or other conditions under subsection 7f7 that the ,administrator determines to be necessary to ensure that the chemical substance meets the safety standard4 7f7 ,risk management ,in issuing an order under subsection 7d7 or 7e71 the ,administrator may impose conditions on the manufacture1 processing1 use1 distribution in commerce1 or disposal of a chemical substance1 or mixture or article containing a chemical substance1 including a requirement-- 7#a7 limiting the quantity of the chemical substance 7or mixture or article containing that chemical substance7 that may be manufactured1 processed1 or distributed in commerce2 7#b7 7,a7 prohibiting the manufacturing1 processing1 or distribution in commerce of the chemical substance 7or mixture or article containing that chemical substance7 for a particular use in a concentration in excess of a level specified by the ,administrator2 or 7,b7 limiting the quantity of the chemical substance 7or mixture or article containing that chemical substance7 that may be manufactured1 processed1 or distributed in commerce for-- 7i7 a particular use2 or 7ii7 a particular use in a concentration in excess of a level specified by the ,administrator2 7#c7 that the chemical substance 7or mixture1 or article containing that chemical substance7 be marked with1 or accompanied by1 clear and adequate warnings and instructions with respect to use1 distribution in commerce1 or disposal1 or any combination of such activities1 with the form and content of the warnings and instructions prescribed by the ,administrator2 7#d7 that manufacturers and processors of the chemical substance 7or mixture or article containing that chemical substance7-- 7,a7 make and retain records of the processes used to manufacture or process the chemical substance 7or mixture or article containing that chemical substance72 and 7,b7 monitor or conduct tests that are reasonable and necessary to ensure compliance with this ,act2 7#e7 prohibiting or otherwise regulating any manner or method of commercial use of the chemical substance 7or mixture or article containing that chemical substance72 7#f7 prohibiting or otherwise regulating any manner or method of disposal of the chemical substance1 mixture1 or article1 by-- 7,a7 the manufacturer or processor of the chemical substance 7or mixture or article containing that chemical substance72 or 7,b7 any other person that uses or disposes of the chemical substance 7or mixture or article containing that chemical substance7 for commercial purposes2 7#g7 that the manufacturers and processors of the chemical substance1 mixture1 or article develop a risk reduction management plan1 under subsection 7h7 or 7e7 of this section1 to achieve a risk reduction specified by the ,administrator2 or 7#h7 that the ,administrator otherwise determines is appropriate4 7g7 ,quality control orders 7#a7 ,in general ,if the ,administrator has a reasonable basis to conclude that a particular manufacturer or processor is manufacturing or processing a chemical substance in a manner that may present a substantial endangerment to health or the environment1 the ,administrator may require1 by order1 that the manufacturer or processor submit to the ,administrator a description of the quality control procedures followed in the manufacturing or processing of the chemical substance or mixture4 7#b7 ,orders 7,a7 ,in general ,if the ,administrator determines that quality control procedures described in paragraph 7#a7 are inadequate to prevent a chemical substance from presenting a risk of injury to human health or the environment1 the ,administrator may order the manufacturer or processor to revise the quality control procedures to the extent necessary to remedy the inadequacy4 7,b7 ,substantial endangerment ,if the ,administrator determines that quality control procedures described in paragraph 7#a7 have resulted in the distribution in commerce of a chemical substance that may present a substantial endangerment to human health or the environment1 the ,administrator may order the manufacturer or processor-- 7i7 to give notice of the endangerment to-- 7,i7 processors or distributors 7or both7 in commerce of the chemical substance or mixture2 and 7,,ii7 to the extent reasonably ascertainable1 any other person in possession of or exposed to the chemical substance or mixture2 7ii7 to give public notice of the endangerment2 and 7iii7 to provide for the replacement or repurchase1 as prescribed by the ,administrator1 of the chemical substance as the ,administrator determines to be necessary to adequately protect human health or the environment4 7h7 ,exemptions to restrictions 7#a7 ,application ,this subsection applies to the restrictions established under section #e7;b77#a77;,c77ii77,i71 subsection 7d77#e71 and subsections 7e7 and 7f74 7#b7 ,exemptions 7,a7 ,in general 7i7 ,request ,a person who manufacturers1 processes1 distributes in commerce1 uses1 or disposes of a chemical substance1 or a mixture or article containing a chemical substance may request an exemption from any restriction referred to in paragraph 7#a7 to which they are subject for a specified use of the chemical substance4 7ii7 ,order ,the ,administrator may grant1 by order1 an exemption from any restriction referred to in paragraph 7#a7 for a period of not longer than #e years if the person has established by clear and convincing evidence that the uses to be exempted meet the exemption criteria described in subparagraph 7,b74 7,b7 ,criteria ,the ,administrator may grant an exemption for the use of a chemical substance under subparagraph 7,a77ii7 if-- 7i7 the exemption is in the paramount interest of national security2 7ii7 the lack of availability of the chemical substance would cause significant disruption in the national economy2 or 7iii7 the use for which the exemption is sought is a critical or essential use for which-- 7,i7 no feasible safer alternative for the specified use of the chemical substance is available2 or 7,,ii7 the specified use of the chemical substance1 as compared to all available alternatives1 provides a substantial net benefit to human health1 the environment1 or public safety4 7,c7 ,public notice ,if the ,administrator grants an exemption for a chemical substance under this paragraph-- 7i7 the manufacturer or processor of the chemical substance shall provide a notice of the exemption to each known purchaser of-- 7,i7 the chemical substance2 and 7,,ii7 a mixture or article containing the chemical substance2 and 7ii7 the ,administrator shall provide the public with a notice of the exemption4 7,d7 ,renewal ,the ,administrator may renew1 by order1 an exemption under this paragraph for #a or more additional #e-year periods if the ,administrator concludes1 after providing public notice and an opportunity for comment1 that the use of the chemical substance continues to meet the criteria described in subparagraph 7,b74 7,e7 ,conditions 7i7 ,in general ,the ,administrator may impose1 by order1 any condition on an exemption issued under this paragraph that the ,administrator determines to be necessary to ensure the protection of human health and the environment on the use of a chemical substance exempted under this paragraph4 7ii7 ,compliance ,effective immediately after the ,administrator establishes conditions on an exempted use under clause 7i71 the manufacturing1 processing1 or distribution in commerce of the chemical substance1 or any mixture or article containing the chemical substance1 shall be prohibited except to the extent that the conditions are satisfied4 7#c7 ,sale of used articles and lease of existing articles ,any restriction referred to in paragraph 7#a7 that would otherwise be applicable to the sale or lease of an article shall not apply to-- 7,a7 the sale of an article that was previously purchased by an end consumer2 or 7,b7 the lease of an article that was purchased by the lessor subsequent to the manufacture of the article4 7#d7 ,extensions of effective dates for retail sale of articles to end consumers 7,a7 ,in general ,except as provided in subparagraph 7,b71 in the case of the retail sale to an end consumer of a chemical substance 7or mixture or article containing that chemical substance7 that is subject to a restriction described in paragraph 7#a71 the ,administrator may extend1 by order1 the effective date of the restriction by a period of not longer than #c years1 if the ,administrator determines that the extension-- 7i7 is necessary and appropriate to allow for depletion of the existing retail inventory2 and 7ii7 will not present a substantial endangerment to human health or the environment4 7,b7 ,exception ,an extension under subparagraph 7,a7 shall not apply to any retailer that the ,administrator determines has failed to comply with an order requesting information issued by the ,administrator pursuant to section #h4 2 7#d7 in subsection 7i7 7as redesignated by paragraph 7#b77-- 7,a7 by striking paragraph 7#d72 and 7,b7 by redesignating paragraph 7#e7 as paragraph 7#d72 and 7#e7 by inserting after subsection 7i7 7as redesignated by paragraph 7#b77 the following3 7j7 ,mercury 7#a7 ,in general ,except as provided in paragraph 7#b71 no ,federal agency shall convey1 sell1 or distribute to any other ,federal agency1 any ,state or local government agency1 or any private individual or entity any elemental mercury1 other than mercury contained within an article1 under the control or jurisdiction of the ,federal agency4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to-- 7,a7 a transfer between ,federal agencies of elemental mercury for the sole purpose of facilitating storage of mercury to carry out this ,act2 or 7,b7 a conveyance1 sale1 distribution1 or transfer of coal4 7#c7 ,leases of ,federal coal ,nothing in this subsection prohibits the leasing of coal4 7k7 ,asbestos 7#a7 ,exposure reduction 7,a7 ,category ,not later than #ij days after the enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall designate asbestos as a chemical substance of very high concern under subsection 7b77#c77;,b77i74 7,b7 ,use and exposure assessment ,not later than #ij days after the date on which asbestos is assigned to the category of substances of very high concern under subsection 7b77#c77;,b77i71 the ,administrator shall complete and publish an identification and assessment of the known uses of1 and exposures to asbestos4 7,c7 ,exposure reduction ,as soon as practicable1 but not later than #ab months after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall impose1 by order1 use restrictions and other conditions1 including the conditions specified in subsection 7f7 on the manufacturing1 processing1 use1 distribution in commerce1 and disposal of asbestos that the ,administrator determines to be necessary to achieve the maximum practicable reduction in human or environmental exposure to asbestos4 ,the ,administrator shall select conditions that permanently reduce or eliminate the possibility of exposures to the maximum extent practicable4 7,d7 ,timing of exposure reductions ,except as provided in clauses 7i7 and 7ii7 of subsection 7h77#b77;,b71 effective beginning on the date that is #ab months after the date of issuance by the ,administrator of the order described in subparagraph 7,c71 no person shall manufacture1 process1 or distribute in commerce asbestos subject to the determination1 or any mixture or article containing asbestos1 for any use or under any condition other than those specified in the order issued under subparagraph 7,c74 7#b7 ,management of material 7,a7 ,draft guidance ,not later than #ahj days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator1 in consultation with the ,director of the ,national ,institutes of ,occupational ,safety and ,health1 shall publish draft guidance describing the steps that ,federal agencies and contractors of ,federal agencies shall take to enhance protections for public health and safety and the environment1 and to better solicit information from members of the public who may potentially be affected by asbestos1 when ,federal agencies and contractors of ,federal ,agencies handle or dispose of asbestos4 ,the ,administrator shall allow #cj days of public comment on this draft guidance and hold no fewer than two public meetings on this draft guidance in communities impacted by asbestos contamination4 7,b7 ,final guidance ,not later than #ab months after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator1 in consultation with the ,director of the ,national ,institutes of ,occupational ,safety and ,health1 shall publish final guidance describing the steps that ,federal agencies and contractors of ,federal ,agencies shall take to enhance protections for public health and safety and the environment when handling and disposing of asbestos4 ,the final guidance shall also include steps that shall be taken to better solicit information from and protect the health and safety of people located near areas where asbestos is located1 where asbestos is transported1 and where asbestos disposal occurs4 7#c7 ,definition ,for purposes of this section1 the term asbestos has the meaning given such term under section #bjb7c74 7#d7 ,no effect on compliance with environmental laws ,nothing in paragraph 7#b7 or any amendment made by paragraph 7#b7 shall be construed to affect or limit the application of or obligation to comply with any environmental law1 including the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7l7 ,certification ,each submission required under this section 7or a regulation or order promulgated or issued by the ,administrator pursuant to this section7 shall be accompanied by a certification signed by a responsible official of the manufacturer or processor that each statement contained in the submission-- 7#a7 is accurate and reliable2 and 7#b7 includes all material facts required by the applicable provision of this section or rule or order under this section4 7m7 ,effective date ,in any regulation or order under this section1 the ,administrator shall specify the date on which the regulation or order shall take effect1 which date shall be as soon as practicable after the date of promulgation or issuance of the regulation or order4 4 7b7 ,definition of asbestos ,section #bjb7c7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfdb7c77 is amended-- 7#a7 in subparagraph 7,e71 by striking or2 7#b7 in subparagraph 7,f71 by striking the period at the end and inserting 1 and2 and 7#c7 by adding at the end the following 7,g7 any material formally classified as tremolite1 including-- 7i7 winchire asbestos1 and 7ii7 richterite asbestos1 and 7,h7 any asbestiform amphibole mineral4 4 #h4 ,imminent hazards ,section #g of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjf7 is amended to read as follows3 #g4 ,imminent hazards 7a7 ,actions authorized and required 7#a7 ,in general ,the ,administrator may commence a civil action in an appropriate district court of the ,united ,states for-- 7,a7 seizure of a chemical substance or mixture1 or any article containing a chemical substance or mixture1 that may present an imminent and substantial endangerment to health or the environment2 7,b7 relief authorized under subsection 7b7 against any person that-- 7i7 manufactures1 processes1 distributes in commerce1 uses1 or disposes of a chemical substance or mixture1 or any article containing a chemical substance or mixture1 if the manufacture1 processing1 distribution in commerce1 use1 or disposal may present an imminent and substantial endangerment to health or the environment2 or 7ii7 contributes to an activity described in clause 7i72 or 7,c7 both seizure and relief described in subparagraphs 7,a7 and 7,b71 respectively4 7#b7 ,other actions 7,a7 ,in general ,the ,administrator may issue such orders as are necessary to protect health or the environment from any manufacturing1 processing1 distribution in commerce1 use1 or disposal of a chemical substance or mixture1 or any article containing such a substance or mixture1 that may present an imminent and substantial endangerment to health or the environment1 as determined by the ,administrator4 7,b7 ,requirement ,an order under subparagraph 7,a7 may include such requirements imposed on the manufacture1 processing1 distribution in commerce1 use1 or disposal of a chemical substance or mixture1 or article containing the chemical substance or mixture1 as the ,administrator determines are necessary to protect health or the environment1 including-- 7i7 the requirements described in section #f7;c72 and 7ii7 the relief authorized under subsection 7b74 7#c7 ,relationship to existing rules1 orders1 and proceedings ,a civil action may be commenced under paragraph 7#a71 or other action may be taken under paragraph 7#b71 notwithstanding-- 7,a7 the existence of a rule or order under this ,act2 and 7,b7 the pendency of any administrative or judicial proceeding under this ,act4 7b7 ,relief authorized 7#a7 ,in general ,the district court of the ,united ,states in which a civil action under subsection 7a77#a7 is brought shall have jurisdiction to grant such temporary or permanent relief as are necessary to protect health or the environment from the risk associated with the activity involved in the civil action4 7#b7 ,types of relief ,in the case of a civil action under subsection 7a77#a7 brought against a person that manufactures1 processes1 distributes in commerce1 uses1 or disposes of a chemical substance or mixture or an article containing a chemical substance or mixture1 the relief authorized by paragraph 7#a7 may include-- 7,a7 the issuance of a mandatory order imposing any of the requirements described in section #f7;c72 and 7,b7 in the case of purchasers of the substance1 mixture1 or article known to the defendant-- 7i7 notification to the purchasers of the risk associated with the substance1 mixture1 or article2 7ii7 public notice of the risk2 7iii7 recall2 7iv7 the replacement or repurchase of the substance1 mixture1 or article2 or 7v7 any combination of the actions described in section #f7;c7 or in clauses 7i7 through 7iv7 of this subparagraph2 or 7,c7 such other relief as is necessary to protect health or the environment from the risk associated with the activity involved in the civil action4 7#c7 ,seizure and condemnation 7,a7 ,in general ,a civil action under subsection 7a77#a7 against a chemical substance1 mixture1 or article may be proceeded against by process of libel for seizure and condemnation of the chemical substance1 mixture1 or article4 7,b7 ,proceedings ,proceedings in a civil action described in subparagraph 7,a7 shall conform1 to the maximum extent practicable1 to proceedings in rem in admiralty4 7c7 ,venue and consolidation 7#a7 ,venue 7,a7 ,in general ,a civil action under subsection 7a77#a7 against a person that manufactures1 processes1 or distributes a chemical substance or mixture or an article containing a chemical substance or mixture may be brought in the ,united ,states ,district ,court for the ,district of ,columbia1 or in any judicial district in which any of the defendants is found1 resides1 or transacts business4 7,b7 ,process ,process in an action described in subparagraph 7,a7 may be served on a defendant in any other district in which the defendant resides or may be found4 7,c7 ,chemical substances1 mixtures1 or articles ,a civil action under subsection 7a77#a7 against a chemical substance1 mixture1 or article may be brought in any ,united ,states district court within the jurisdiction of which the chemical substance1 mixture1 or article is found4 7,d7 ,multiple judicial districts ,in determining the judicial district in which a civil action may be brought under subsection 7a77#a7 in instances in which the action may be brought in more than #a judicial district1 the ,administrator shall take into account the convenience of the parties4 7,e7 ,subpoenas ,subpoenas requiring attendance of witnesses in a civil action brought under subsection 7a77#a7 may be served in any judicial district4 7#b7 ,consolidation ,if proceedings under subsection 7a77#a7 involving identical chemical substances1 mixtures1 or articles are pending in courts in #b or more judicial districts1 the proceedings shall be consolidated for trial by order of any such court on application reasonably made by any party in interest1 on notice to all parties in interest4 4 #i4 ,reporting and retention of information ,section #h of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7 is amended to read as follows3 #h4 ,reporting and retention of information 7a7 ,definitions ,in this section3 7#a7 ,known to1 or reasonably ascertainable by ,the term known to1 or reasonably ascertainable by has the meaning given the term in section #gjd4c of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,manufacture and process ,the terms manufacture and process mean manufacture and process1 respectively1 for commercial purposes4 7b7 ,declarations of chemical substances in commerce 7#a7 ,scope and criteria 7,a7 ,scope ,the declarations described in this subsection shall apply only to chemical substances in commerce as of the date of enactment of the ,safe ,chemicals ,act of #bjac4 7,b7 ,criteria ,the following criteria shall apply in identifying chemical substances to which the declarations described in this subsection apply3 7i7 ,current commercial interest ,a chemical substance in which a manufacturer or processor has a current commercial interest shall include only chemical substances that the manufacturer or processor-- 7,i7 is currently manufacturing or processing2 or 7,,ii7 has manufactured or processed in the recent past and expects to manufacture or process again in the near future4 7ii7 ,potential commercial interest ,a chemical substance in which a manufacturer or processor has a potential commercial interest shall include only a chemical substance that may serve as a reasonable substitute for a chemical substance in which the manufacturer or processor has declared a current commercial interest4 7,c7 ,guidance ,not later than #ij days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall issue guidance further describing the criteria described in subparagraph 7,b7 and specifying the supporting information manufacturers and processors are to include in declarations they submit pursuant to paragraph 7#b7 or 7#c7 for chemical substances in which they have a current or potential commercial interest4 7#b7 ,declaration of current commercial interest in a chemical substance 7,a7 ,in general ,notwithstanding any other provision of law1 not later than #ahj days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 each manufacturer of a chemical substance in which the manufacturer has a current commercial interest shall submit to the ,administrator a declaration of the interest for the chemical substance4 7,b7 ,exclusions or exemptions ,declarations are required for all chemical substances in which a manufacturer has a current commercial interest1 notwithstanding any exclusions or exemptions from other notification or reporting requirements provided in any other provision of this ,act4 7,c7 ,processors ,a processor of a chemical substance in which the processor has a current commercial interest that meets the criteria described in paragraph 7#a77;,b77i7 may voluntarily submit to the ,administrator a declaration for the chemical substance4 ,such a declaration shall be submitted not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac4 7#c7 ,declaration of potential commercial interest in a chemical substance 7,a7 ,a manufacturer or processor may voluntarily submit to the ,administrator1 not later than #ahj days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 a declaration for a chemical substance in which the manufacturer or processor-- 7i7 does not have a current commercial interest2 but 7ii7 has a potential commercial interest that meets the criteria described in paragraph 7#a77;,b77ii74 7,b7 ,if a manufacturer or processor commences the manufacture or processing of a chemical substance for which it submitted a declaration under this paragraph1 the manufacturer or processor shall comply with the requirements of subsection 7h77#e77;,b74 7#d7 ,declaration of cessation of manufacturing or processing ,a former or current manufacturer or processor of a chemical substance in which the manufacturer or processor no longer has a commercial interest may voluntarily submit to the ,administrator1 not later than #ahj days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 a declaration that the manufacturer or processor has ceased1 or will cease not later than #ahj days after the date on which the declaration is submitted1 all production1 importation1 processing1 and export of the chemical substance4 7#e7 ,contents ,a declaration submitted under this subsection shall include for each chemical substance-- 7,a7 the chemical identity and any special substance characteristics of the chemical substance2 7,b7 the identity and primary business location of the manufacturer or processor2 and 7,c7 information supporting the declarant's basis for meeting the applicable criteria under paragraph 7#a77;,b74 7#f7 ,review by ,administrator 7,a7 ,in general ,the ,administrator shall-- 7i7 review each declaration received under this subsection to determine whether the declaration conforms to the criteria and requirements of this subsection2 and 7ii7 7,i7 for a chemical substance for which #a or more conforming declarations are submitted under paragraph 7#b71 add the chemical substance to the list of active chemical substances in the inventory established under subsection 7h77#a72 7,,ii7 for a chemical substance for which the only conforming declarations submitted for the substance are submitted under paragraph 7#c71 add the chemical substance to the list of inactive chemical substances in the inventory established under subsection 7h77#e72 and 7,,iii7 for a chemical substance for which the only conforming declarations submitted for the substance are submitted under paragraph 7#d71 or for which no declaration has been submitted1 remove the chemical substance from the inventories established under subsection 7h74 7,b7 ,revisions ,the ,administrator shall allow a manufacturer or processor1 as applicable1 to promptly revise and resubmit any declaration submitted to the ,administrator under this subsection if the ,administrator determines that any omission or error in the original declaration was not intentional4 7c7 ,periodic reporting by manufacturers 7#a7 ,in general ,the ,administrator shall-- 7,a7 maintain the periodic reporting program of the agency applicable to manufacturers of chemical substances set forth in part #gaa of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,safe ,chemicals ,act of #bjac71 unless such reporting requirements are superseded pursuant to subparagraph 7,b72 or 7,b7 establish a new periodic reporting program consistent with this subsection4 7#b7 ,rulemaking 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall specify1 by rule-- 7i7 the chemical substances for which periodic reporting is required2 and 7ii7 the information a chemical manufacturer is required to submit to the ,administrator for the chemical substances included under the periodic reporting program4 7,b7 ,exemptions ,the rule promulgated under subparagraph 7,a7 may exempt certain manufacturers1 including small manufacturers1 from-- 7i7 a requirement to participate in the periodic reporting program1 if the ,administrator determines that the participation of those manufacturers would not assist in the administration of this ,act2 or 7ii7 specific reporting requirements1 if the ,administrator determines that the value of a particular reporting requirement1 for the administration of this ,act1 would not be commensurate with the burden of the requirement on submitters4 7,c7 ,contents ,the rule promulgated under subparagraph 7,a7 shall1 at a minimum1 require each manufacturer of a chemical substance included in the periodic reporting program to submit to the ,administrator-- 7i7 the chemical identity and any special substance characteristics of the chemical substance1 the identity and primary business location of the manufacturer1 and any updates to the supporting information submitted by the manufacturer in any declaration for an included chemical substance submitted under subsection 7b72 7ii7 a list of health and safety studies conducted or initiated by or for1 known to1 or reasonably ascertainable by1 the manufacturer with respect to each included chemical substance2 7iii7 a copy of each study described in clause 7ii7 in the possession or control of the manufacturer that has not previously been submitted to the ,administrator2 and 7iv7 all other information specified by the ,administrator in the rules promulgated under this subsection that is known to1 in the possession or control of1 or reasonably ascertainable by1 the manufacturer or processor that has not previously been submitted to the ,administrator regarding-- 7,i7 the physical1 chemical1 and toxicological properties of the chemical substance2 7,,ii7 the manufacturer's annual production volume of the chemical substance2 7,,iii7 the uses of1 and exposure and fate information relating to the manufacturer's production or import of the chemical substance2 and 7,,iv7 the name and location of each facility to which the manufacturer sends the chemical substance after manufacture for subsequent processing1 distribution1 or use4 7d7 ,records ,to support declarations and periodic reports 7#a7 ,in general ,each manufacturer and processor of a chemical substance that is distributed in commerce shall-- 7,a7 maintain records of the information submitted to the ,administrator under subsections 7b7 and 7c71 as well as supporting information2 and 7,b7 submit those records or that information to the ,administrator upon request by the ,administrator4 7#b7 ,burden of proof ,each manufacturer and processor that submits to the ,administrator a declaration under subsection 7b7 or a notice under subsection 7h77#e77;,b7 shall at all times bear the burden of proving that the manufacturer or processor-- 7,a7 has a current or potential commercial interest in the applicable chemical substance2 or 7,b7 has ceased the production1 importation1 processing1 and export of1 the applicable chemical substance4 7e7 ,substance identification and information for chemical processors 7#a7 ,rulemaking 7,a7 ,in general ,not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall specify1 by rule1 the information that chemical processors are required to submit for chemical substances under this subsection as will assist the ,administrator in the administration of this ,act4 7,b7 ,exemptions ,the rule promulgated under this paragraph may exempt certain processors1 including small processors1 from-- 7i7 a requirement to participate in the periodic reporting program1 if the ,administrator determines that the participation of those processors would not assist in the administration of this ,act2 or 7ii7 specific reporting requirements1 if the ,administrator determines that the value of a particular reporting requirement1 for the administration of this ,act1 would not be commensurate with the burden of the requirement on submitters4 7#b7 ,information requirements ,the rule promulgated under paragraph 7#a7 shall-- 7,a7 specify the information that processors are required to submit for chemical substances that are-- 7i7 processed for use in #a or more consumer or commercial product categories1 as determined by the ,administrator2 and 7ii7 intentionally added to #a or more products during processing and not incidental to the end uses of the products2 7,b7 require each processor of a chemical substance identified under subparagraph 7,a7 to submit the information specified in clauses 7i7 through 7iii7 of subparagraph 7,c7 for the chemical substance1 and to submit the information specified in clauses 7iv7 through 7viii7 of subparagraph 7,c7-- 7i7 separately for each applicable consumer and commercial product category2 and 7ii7 in aggregate form1 taking into account the use by the processor of the chemical substance in all product categories2 7,c7 require each processor of a chemical substance identified under subparagraph 7,a7 to identify in the submission of the processor-- 7i7 the corporate name and primary business location of the processor2 7ii7 the chemical identity and any special substance characteristics of the chemical substance2 7iii7 the applicable consumer or commercial product category or categories for which the processor processes the chemical substance2 7iv7 the annual volume of the chemical substance processed by the submitter2 7v7 any products intended for use by children aged #ad years or younger for use in which the processor processes the chemical substance2 7vi7 the concentration range within which the maximum concentration of the substance used in each consumer and commercial product category falls2 7vii7 the range within which the total number of commercial workers reasonably likely to be exposed to the chemical substance at the processing site falls2 and 7viii7 any other information regarding processing activities or product descriptors relating to the processor's processing of the chemical substance identified by the ,administrator as necessary to understand the potential exposure from processed chemical substances or products in which the chemical substances are used2 and 7,d7 require each processor to periodically report the information described in subparagraphs 7,b7 and 7,c7 for the chemical substances described in subparagraph 7,a74 7#c7 ,records ,the rules promulgated under paragraph 7#a7 shall require processors of chemical substances to which those rules apply-- 7,a7 to maintain records of the information described in paragraph 7#b72 and 7,b7 to submit those records to the ,administrator upon request by the ,administrator4 7f7 ,updating of information 7#a7 ,in general ,each manufacturer or processor of a chemical substance that submits information to the ,administrator under subsection 7c7 or 7e7 shall update the information-- 7,a7 at a minimum every #d years2 and 7,b7 at any time that-- 7i7 the manufacturer or processor obtains knowledge of1 comes into possession of1 or generates significant new information regarding the production1 processing1 use1 distribution1 hazard1 or exposure potential of the chemical substance2 or 7ii7 there is a significant change in the production1 distribution in commerce1 or use of the chemical substance by or known to the manufacturer or processor4 7#b7 ,guidance ,not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall issue guidance on what constitutes significant new information regarding or significant changes in the production1 distribution in commerce1 or use of a chemical substance4 7g7 ,reports 7#a7 ,requirement 7,a7 ,in general ,except as provided in paragraph 7#b71 the ,administrator may by rule or order require any person who manufactures1 processes1 distributes in commerce1 uses1 or disposes of a chemical substance1 or a mixture or article containing the chemical substance to maintain records of and report by a specified date any existing information concerning the substance that1 in the judgment of the ,administrator1 would assist the ,administrator in-- 7i7 making a safety standard determination with respect to a chemical substance2 7ii7 determining testing or information needs for a chemical substance2 7iii7 assigning a chemical substance to a batch1 category1 or priority class pursuant to section #f2 7iv7 evaluating1 developing1 and implementing risk management conditions for a chemical substance2 7v7 assessing hazards1 exposures1 or risks related to the manufacture1 use1 distribution1 processing1 or disposal of a chemical substance2 7vi7 determining compliance with any provision of this ,act2 or 7vii7 any other aspect of administering this ,act4 7,b7 ,characteristics ,the ,administrator may by rule or order require that any report or information submitted pursuant to this ,act include chemical identity and special substance characteristics1 as appropriate to the chemical substance that is the subject of the report or information4 7,c7 ,required information ,the ,administrator shall by rule or order specify or modify the information that is required to be submitted with a particular report or information submission to establish the chemical identity and special substance characteristics of the subject chemical substance 7or mixture or article containing that chemical substance7 for the purposes of the report or information submission4 7#b7 ,exemptions 7,a7 ,small quantities for research or analysis ,in the case of the manufacture1 processing1 distribution in commerce1 use1 or disposal of a chemical substance in small quantities 7as defined by the ,administrator by rule7 solely for purposes of scientific experimentation or analysis or chemical research 7including any such research or analysis for the development of a product71 the ,administrator may promulgate a rule or order under paragraph 7#a7 only to the extent that the ,administrator determines that the maintenance of records1 submission of reports1 or both1 is necessary for the effective enforcement of this ,act4 7,b7 ,small business ,the rules promulgated under this subsection may exempt certain small businesses from the rules promulgated under this subsection1 if the ,administrator determines that the participation of those small businesses would not assist in the administration of this ,act4 7h7 ,inventories 7#a7 ,active inventory ,the ,administrator shall compile1 keep current1 and1 subject to section #ad1 publish a list of each chemical substance that is manufactured or processed in the ,united ,states4 7#b7 ,contents 7,a7 ,in general ,the list shall consist of those chemical substances for which-- 7i7 a notice is submitted under section #e7;d71 consistent with the requirements of section #e7;b72 or 7ii7 a valid declaration is submitted under paragraph 7#b7 of subsection 7b74 7,b7 ,exclusions ,the list shall not include-- 7i7 any chemical substance for which the only declarations submitted are submitted under paragraph 7#c7 or 7#d7 of subsection 7b71 or for which no declaration has been submitted2 or 7ii7 any chemical substance for which an exemption has been granted under section #e7;b77#a77;,c77ii7 or section #f7;h77#b74 7#c7 ,timing 7,a7 ,in general ,except as provided in paragraph 7#b77;,b71 for a chemical substance for which a notice is submitted under section #e7;d71 the chemical substance shall be included in the list established under paragraph 7#a7 as of the earliest date 7as determined by the ,administrator7 on which the substance was manufactured or processed in the ,united ,states4 7,b7 ,publication ,the ,administrator shall first publish a list under paragraph 7#a7 not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac4 7#d7 ,small quantities for research or analysis ,the ,administrator shall not include in the list established under paragraph 7#a7 any chemical substance that is manufactured or processed only in small quantities 7as defined by the ,administrator by rule7 solely for purposes of scientific experimentation or analysis or chemical research on1 or analysis of1 the substance or another substance1 including research or analysis for the development of a product4 7#e7 ,inactive inventory 7,a7 ,in general ,the ,administrator shall compile1 keep current1 and1 subject to section #ad1 publish an inactive list on which the ,administrator shall include each chemical substance for which the only declarations submitted for the substance are submitted under subsection 7b77#c74 7,b7 ,requirements ,if a manufacturer or processor commences the manufacture or processing of a chemical substance on the inactive list1 the manufacturer or processor shall-- 7i7 not less than #cj days before recommencing the manufacture or processing of the chemical substance1 notify the ,administrator2 and 7ii7 provide with the notification under clause 7i7-- 7,i7 the chemical identity and any special substance characteristics of the chemical substance2 7,,ii7 the identity and primary business location of the manufacturer2 7,,iii7 a list of health and safety studies conducted or initiated by or for1 known to1 or reasonably ascertainable by1 the manufacturer or processor with respect to the chemical substance2 7,,iv7 upon request of the ,administrator1 a copy of each study described in subclause 7,,iii7 in the possession or control of the manufacturer that has not previously been submitted to the ,administrator2 7,v7 the projected annual manufacturing or processing volume for the chemical substance for each of the subsequent #c years2 7,,vi7 the name and location of each facility to which the chemical substance is expected to be sent1 after manufacture or processing1 for subsequent processing1 distribution in commerce1 or use2 and 7,,vii7 all other existing information known to1 in the possession or control of1 or reasonably ascertainable by the manufacturer or processor that has not previously been submitted to the ,administrator regarding-- 7aa7 the toxicological properties of the chemical substance2 and 7bb7 the uses of1 and exposure and fate information relating to1 the chemical substance4 7,c7 ,administrator actions ,for any chemical substance for which the ,administrator receives a valid notification under subparagraph 7,b71 the ,administrator shall promptly-- 7i7 move the chemical substance to the active inventory established under paragraph 7#a72 and 7ii7 add the chemical substance to the current batch of chemical substances identified pursuant to section #f7;a71 and categorize the chemical substance with other chemical substances in the batch1 pursuant to section #f7;b74 7,d7 ,administration ,disclosure of any information provided in the notice described in subparagraph 7,b7 shall be subject to section #ad4 7#f7 ,chemicals not listed on or removed from the inventories ,if a manufacturer or processor seeks to commence the manufacture or processing of a chemical substance that is not listed on the inventories established under paragraph 7#a7 or 7#e71 or that has been removed from the inventories pursuant to subsection 7b77#f77;,a77ii77,,iii71 the manufacturer or processor shall comply with section #e4 7i7 ,public access to significant information 7#a7 ,electronic database ,not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator1 through collaboration as appropriate1 shall establish-- 7,a7 an electronic1 ,internet-accessible database for the storing and sharing of information relating to the toxicity and use of1 and exposure to1 chemical substances2 and 7,b7 procedures for use in maintaining and updating the database4 7#b7 ,public access ,not later than #ah months after the date of enactment of the ,safe ,chemicals ,act of #bjac or for decisions made or information submitted after that #ah-month period1 not later than #ij days after the date on which a decision is made by the ,administrator or information submitted under this title is received by the ,administrator1 the ,administrator shall1 subject to section #ad1 make available to the public via the ,internet-accessible database described in paragraph 7#a7 a description of all significant-- 7,a7 decisions made by the ,administrator under this title2 and 7,b7 information submitted pursuant to this title4 7j7 ,records of significant adverse reactions 7#a7 ,in general ,any person that manufactures1 processes1 or distributes in commerce any chemical substance shall maintain1 and on request submit to the ,administrator1 records of significant adverse reactions to human health or the environment1 as determined by the ,administrator by rule1 alleged to have been caused by the substance or mixture4 7#b7 ,duration 7,a7 ,in general ,records of the adverse reactions to the health of employees shall be retained for a period of #cj years after the date on which the reactions were first reported to or known by the person maintaining the records4 7,b7 ,other records ,any record of other adverse reactions shall be retained for a period of #e years after the date on which information contained in the record was first reported to or known by the person maintaining the record4 7#c7 ,contents ,records required to be maintained under this subsection shall include-- 7,a7 records of consumer allegations of personal injury or harm to health2 7,b7 reports of occupational disease or injury2 and 7,c7 reports or complaints of injury to the environment submitted to the manufacturer1 processor1 or distributor in commerce from any source4 7k7 ,information in the possession of other federal agencies 7#a7 ,synopses 7,a7 ,in general ,notwithstanding any other provision of law1 from time to time1 each ,federal agency and ,federal institution shall submit to the ,administrator a synopsis of the data and records in the possession or control of the agency or institution1 respectively1 that may be useful to the ,administrator in carrying out this ,act4 7,b7 ,format and content ,not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall prescribe1 by order1 the format1 content1 and level of detail of the synopses4 7,c7 ,initial submission ,not later than #ah months after the date of enactment of the ,safe ,chemicals ,act of #bjac1 each ,federal agency and ,federal institution shall make the initial submission of a synopsis of the agency and institution1 respectively1 to the ,administrator4 7,d7 ,updates ,at least once every #c years1 each ,federal agency and ,federal institution shall-- 7i7 update the synopsis of the agency and institution1 respectively2 and 7ii7 submit the updated synopsis to the ,administrator4 7#b7 ,requests by the administrator ,notwithstanding any other provision of law1 on the request of the ,administrator1 any information in the possession or control of an agency or institution relating to a hazard of1 use of1 exposure to1 or risk of1 a chemical substance 7or mixture or article containing that chemical substance7 shall be submitted to the ,administrator4 7l7 ,notice to administrator of substantial risks ,any person that manufactures1 processes1 or distributes in commerce a chemical substance and that obtains information that reasonably supports the conclusion that the substance presents a substantial risk of injury to health or the environment shall immediately inform the ,administrator of the information unless the person has actual knowledge that the ,administrator has been adequately informed of the information4 7m7 ,certification ,each submission required pursuant to this section or pursuant to a rule or an order promulgated or issued by the ,administrator under this section1 other than a submission under subsection 7k71 shall be accompanied by a certification signed by a responsible official of the manufacturer1 processor1 distributor1 user1 or disposer of a chemical substance that each statement contained in the submission-- 7#a7 is accurate and reliable2 and 7#b7 includes all material facts required by the applicable provision of this section or rule or order under this section4 7n7 ,administration 7#a7 ,in general ,nothing in this section limits the authority of the ,administrator to require reporting under any other provision of this ,act by any person who manufactures1 processes1 distributes in commerce1 uses1 or disposes of a chemical substance1 or a mixture or article containing a chemical substance4 7#b7 ,violations ,in addition to all other authorities available for the enforcement of this ,act1 the ,administrator may1 by order1 take any action authorized under section #f7;f7 if a person who manufactures1 processes1 distributes in commerce1 uses1 or disposes of a chemical substance1 or a mixture or article containing a chemical substance violates any provision of this section4 4 #aj4 ,relationship to other ,federal laws ,section #i of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,report 7,a7 ,in general ,if the ,administrator determines that the manufacture1 processing1 distribution in commerce1 use1 or disposal of a chemical substance1 or that any combination of those activities1 does not meet a safety standard under this title or requires conditions or restrictions in order to the meet the safety standard1 and the ,administrator determines that action may be taken under a ,federal law not administered by the ,administrator to address the uses of1 or exposure to1 the chemical substance1 the ,administrator shall submit to the agency that administers the ,federal law a report that-- 7i7 describes with specification the activity or combination of activities that prevent the chemical substance from meeting the safety standard or restrictions or conditions required to meet the safety standard under this title2 7ii7 requests that the agency-- 7,i7 determine whether the #a or more actions may be taken under ,federal law administered by the agency2 7,,ii7 if the agency determines under clause 7i7 that the #a or more actions may be taken1 initiate and provide a timetable for the #a or more actions2 and 7,,iii7 respond to the ,administrator with respect to the matters described in the report2 and 7iii7 includes a detailed statement of the information on which the report is based4 7,b7 ,publication ,a report of the ,administrator submitted under subparagraph 7,a7 shall be promptly published in the ,federal ,register4 7,c7 ,action by recipient agency ,not later than #ij days after the date of receipt of a report from the ,administrator under subparagraph 7,a71 or by such earlier date as the ,administrator may specify in such a report1 an agency that receives the report shall-- 7i7 make all determinations requested by the ,administrator in the report2 7ii7 take all action necessary to ensure that a chemical substance meets the safety standard under this title1 if appropriate2 7iii7 include with the response of the agency a detailed statement of the findings and conclusions of the agency2 and 7iv7 publish that statement in the ,federal ,register4 7#b7 ,initiation of action ,if the ,administrator submits a report under paragraph 7#a7 with respect to a chemical substance to an agency1 and the agency that receives the report initiates1 within the period specified in the request under paragraph 7#a71 a civil action under ,federal law administered by the agency to ensure that a chemical substance meets the safety standard under this title1 or requires restrictions or conditions to meet that safety standard1 the ,administrator may not take action under this ,act with respect to the civil action 7other than any action taken pursuant to section #g74 2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,no action ,the ,administrator may1 by order1 initiate action or a combination of actions under this ,act to ensure compliance with the safety standard for a chemical substance under this title if-- 7,a7 the ,administrator submits a report under paragraph 7#a7 with respect to a chemical substance2 and 7,b7 the agency to which the report was submitted-- 7i7 determines that action cannot be taken under the authorities of the agency2 7ii7 does not initiate action1 if appropriate1 within the period specified in the request under paragraph 7#a72 7iii7 does not complete the action within the timeframe provided by the agency2 or 7iv7 fails to respond4 2 and 7,d7 in paragraph 7#d7 7as redesignated by subparagraph 7,b77-- 7i7 by striking 7#d7 ,if the ,administrator has initiated action under section #f or #g and inserting the following3 7#d7 ,consultation ,if the ,administrator has initiated action under this ,act 2 and 7ii7 by striking against such risk after ,federal action2 7#b7 in subsection 7c7-- 7,a7 by striking the ,administrator shall not and inserting ,administrator-- 7#a7 shall not 2 and 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#b7 shall ensure that any actions to address workplace exposures that the ,administrator takes or requires to be taken by manufacturers or processors of a chemical substance are consistent with the industrial hygiene hierarchy of controls4 2 and 7#c7 in subsection 7d7-- 7,a7 in the first sentence1 by striking while imposing the least burden of duplicative requirements on those subject to the ,act and for other purposes2 and 7,b7 in the second sentence1 by striking 1 in the report required by section #cj14 #aa4 ,inspections and subpoenas ,section #aa of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfaj7 is amended to read as follows3 #aa4 ,inspections and subpoenas 7a7 ,inspections 7#a7 ,in general ,for purposes of administering this ,act1 the ,administrator1 and any duly designated representative of the ,administrator1 may inspect-- 7,a7 any establishment1 facility1 or other premises in which chemical substances1 mixtures1 or articles subject to this ,act are manufactured1 processed1 stored1 or held before or after distribution in commerce2 7,b7 any conveyance being used to transport such chemical substances1 mixtures1 or articles in connection with distribution in commerce2 and 7,c7 any place at which records relating to the chemical substances1 mixtures1 or articles1 or otherwise relating to compliance with this ,act1 are held4 7#b7 ,method ,each inspection under paragraph 7#a7 shall be-- 7,a7 commenced and completed with reasonable promptness2 and 7,b7 conducted at reasonable times1 within reasonable limits1 and in a reasonable manner4 7#c7 ,samples ,the ,administrator1 and any duly designated representative of the ,administrator1 may inspect and obtain samples of any-- 7,a7 chemical substance1 mixture1 or article2 and 7,b7 container or labeling of a chemical substance1 mixture1 or article4 7b7 ,scope ,an inspection conducted under subsection 7a7 shall extend to all things within the premises or conveyance inspected 7including records1 files1 papers1 processes1 controls1 and facilities7 regarding whether the owner or operator of the premises1 conveyance1 or records has complied with provisions of this ,act applicable to the chemical substances1 mixtures1 articles1 or records4 7c7 ,information gathering 7#a7 ,in general ,in carrying out this ,act1 the ,administrator may require the attendance and testimony of witnesses and the production of such reports1 papers1 documents1 items1 answers to questions1 and other information1 including the development of analyses and other information1 as the ,administrator determines to be necessary4 7#b7 ,payment of witnesses ,a witness described in paragraph 7#a7 shall be paid the same fees and mileage that are paid witnesses in the courts of the ,united ,states4 7d7 ,warrants ,for purposes of enforcing this ,act1 upon a showing to an officer or court of competent jurisdiction that there is reason to believe that a provision of this ,act has been violated1 officers or employees duly designated by the ,administrator are empowered to obtain and to execute warrants authorizing-- 7#a7 entry1 inspection1 and copying of records for purposes of this ,act2 and 7#b7 the seizure of any chemical substance1 mixture1 or article that is in violation of this ,act4 4 #ab4 ,exports ,section #ab of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfaa7 is amended-- 7#a7 by striking subsection 7a72 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7a7 and 7b71 respectively2 7#c7 in subsection 7a7 7as redesignated by paragraph 7#b77-- 7,a7 in paragraph 7#a7-- 7i7 by striking or intends to export2 7ii7 by striking section #d or #e7;b7 and inserting section #d1 #e1 or #f7;b72 7iii7 by striking or intent to export and inserting 1 not later than #cj days after the date of exportation of the substance or mixture12 and 7iv7 by inserting promptly thereafter before furnish2 7,b7 in paragraph 7#b7-- 7i7 by striking or intends to export2 7ii7 by striking an order has been issued under section #e or a rule has been proposed or promulgated under section #e or #f1 or with respect to which an action is pending or relief has been granted under section #e or #g and inserting an action has been taken pursuant to section #f or #g2 7iii7 by striking or intent to export and inserting 1 not later than #cj days after the date of exportation of the substance or mixture12 7iv7 by inserting promptly thereafter before furnish2 and 7v7 by striking such rule1 order1 action1 or relief and inserting the action taken pursuant to section #f or #g2 and 7,c7 by adding at the end the following3 7#c7 ,change in export status 7,a7 ,in general ,any person that has notified the ,administrator of the exportation of a chemical substance or mixture under this section shall notify the ,administrator of any change in the export status of the substance or mixture by not later than #cj days after such a change in status4 7,b7 ,updated notice ,the ,administrator shall promptly furnish an updated notice to the governments that have been notified pursuant to paragraphs 7#a7 and 7#b7 regarding the exportation of any chemical substance or mixture subject to this section if-- 7i7 data for the substance or mixture have been received by the ,administrator pursuant to section #d1 #e1 #f7;b71 or #h2 7ii7 a change has occurred in the export status of the substance or mixture2 or 7iii7 a change has been made in any risk management action taken pursuant to section #f or #g for the substance or mixture4 2 7#d7 in subsection 7b71 as redesignated by paragraph 7#b7 of this section-- 7,a7 by striking paragraph 7#b72 and 7,b7 by redesignating paragraphs 7#c71 7#d71 7#e71 and 7#f7 as paragraphs 7#b71 7#c71 7#d71 and 7#e71 respectively2 and 7#e7 by adding at the end the following3 7c7 ,public records ,the ,administrator shall-- 7#a7 maintain copies of all current notices provided to other governments under this section2 and 7#b7 make such copies available to the public in electronic format4 4 #ac4 ,entry into customs territory of the ,united ,states ,section #ac of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfab7 is amended-- 7#a7 by striking ,secretary of the ,treasury each place it appears and inserting ,secretary of ,homeland ,security2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking if-- and subparagraphs 7,a7 and 7,b7 and inserting if the substance1 mixture1 or article fails to comply with or is offered for entry in violation of any rule or order in effect under this ,act42 and 7,b7 by adding at the end the following3 7#c7 ,import as part of an article ,chemical substances and mixtures imported as part of an article shall be subject to the same requirements under this ,act as if the substances and mixtures had been imported in bulk1 except as the ,administrator may provide by rule under this ,act1 or as the ,secretary of ,homeland ,security may provide by rule under subsection 7b74 4 #ad4 ,disclosure of data ,section #ad of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfac7 is amended to read as follows3 #ad4 ,disclosure of data 7a7 ,applicability 7#a7 ,in general ,subject to paragraph 7#b7 and except as provided under subsections 7b7 and 7e71 any information reported to1 or otherwise obtained by1 the ,administrator 7or any representative of the ,administrator7 that is exempt from disclosure under subsection 7a7 of section #eeb of title #e1 ,united ,states ,code1 7commonly known as the ,freedom of ,information ,act7 under subsection 7b77#d7 of that section1 shall not be disclosed by the ,administrator or by any officer or employee of the ,united ,states1 unless the designation of the information as exempt from disclosure is prohibited under ,federal law4 7#b7 ,exemptions 7,a7 ,mandatory exemptions ,notwithstanding any other provision of law1 the ,administrator shall disclose the information described in paragraph 7#a7-- 7i7 to any officer or employee of the ,united ,states-- 7,i7 in connection with the official duties of that officer or employee under any law for the protection of human health or the environment2 or 7,,ii7 for specific law enforcement purposes2 7ii7 to a contractor with the ,united ,states and employees of that contractor if1 in the opinion of the ,administrator1 the disclosure is necessary for the satisfactory performance by the contractor of a contract with the ,united ,states entered into on or after the date of enactment of the ,safe ,chemicals ,act of #bjac for the performance of work in connection with this ,act and under such conditions as the ,administrator may specify2 7iii7 if the ,administrator determines that the disclosure is necessary to protect human health or the environment2 7iv7 on request1 to a ,state or tribal government for the purpose of development or potential development1 administration1 or enforcement of a law1 if #a or more applicable agreements ensure that the recipient government will take appropriate steps1 and has adequate authority1 to maintain the confidentiality of the information in accordance with procedures comparable to those which the ,administrator uses to safeguard the information2 and 7v7 on request1 to public health or environmental health professionals or medical personnel if the ,administrator determines that-- 7,i7 disclosure is in the public interest2 7,,ii7 the recipient does not have a conflict of interest or competitive interest with respect to the submitter of the information2 and 7,,iii7 #a or more applicable agreements are in place to ensure that the recipient of the information provides comparable protections to those provided by the ,administrator to maintain the confidentiality of the information4 7,b7 ,optional exemptions ,notwithstanding any other provision of law1 the ,administrator may disclose the information described in paragraph 7#a7 if relevant1 in any proceeding under this ,act1 except that disclosure in such a proceeding shall be made in such manner as to preserve confidentiality to the maximum extent practicable without impairing the proceeding4 7#c7 ,effect on other laws ,in any proceeding under section #eeb7;a7 of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act71 to obtain information1 the disclosure of which has been denied pursuant to this section1 the ,administrator may not rely on subsection 7b77#c7 of that section to sustain the action of the ,administrator4 7b7 ,categories of confidential business information 7#a7 ,information that is always eligible for protection ,subject to subsection 7a77#b7 and any other applicable provision of ,federal law1 the ,administrator shall review and approve a request that conforms to the requirements described in subsection 7c77#b7 to treat as confidential under this section the following information3 7,a7 ,precise information describing the manufacture1 processing1 or distribution of a chemical substance or mixture4 7,b7 ,marketing and sales information4 7,c7 ,information identifying the customers of a manufacturer1 processor1 or distributor4 7,d7 ,details of the full composition of a mixture of a particular manufacturer or processor4 7,e7 ,precise information about the use1 function1 or application of a chemical substance or mixture in a process1 mixture1 or product of a particular manufacturer or processor4 7,f7 ,precise production or import volumes of a particular manufacturer1 processor1 or distributor4 7#b7 ,information that may be eligible for protection 7,a7 ,in general ,subject to subsection 7a7 and any other applicable provision of ,federal law1 and except as provided in paragraphs 7#a7 and 7#c71 information submitted by a manufacturer1 processor1 or distributor to the ,administrator may be protected if the manufacturer1 processor1 or distributor complies with subsection 7c77#b7 and the ,administrator determines that a request to maintain the confidentiality of the information meets the applicable requirements of this subsection and any rule promulgated by the ,administrator under subsection 7c77#a74 7,b7 ,identities of certain chemical substances 7i7 ,in general ,notwithstanding subparagraph 7,a71 the ,administrator shall not disclose precise information on the identity of a chemical substance if-- 7,i7 the manufacturer or processor of the substance has1 in accordance with subsection 7c77#b7-- 7aa7 included in a notice under section #e7;b7 a request1 including a justification and documentation for the request1 that the identity of the substance be treated as confidential business information2 or 7bb7 submitted to the ,administrator not later than #ahj days after the date of enactment of the ,safe ,chemicals ,act of #bjac a request1 including a justification and documentation for the request1 that the identity of a substance for which a notice has been submitted under section #e7;b7 as of the date of enactment of the ,safe ,chemicals ,act of #bjac be treated as confidential business information2 and 7,,ii7 the ,administrator determines that-- 7aa7 the request complies with all applicable requirements of this section2 7bb7 the chemical identity is not readily discoverable through reverse engineering2 7cc7 the manufacturer or processor takes reasonable measures to protect the confidentiality of the chemical substance2 7dd7 no other ,federal statute requires disclosure2 7ee7 disclosure of the identity of the chemical substance would cause financial or competitive harm to the manufacturer or processor2 7ff7 the chemical substance is not1 based on information that is initially available or that later becomes available to the ,administrator1 a known or probable reproductive1 developmental1 neurological1 or immunological toxicant1 carcinogen1 or mutagen2 7gg7 the chemical substance is not persistent1 bioaccumulative1 and toxic2 and 7hh7 if a safety standard determination has been made for a chemical substance1 the ,administrator determines that the chemical substance meets the applicable safety standard either under current conditions or under additional conditions required by the ,administrator4 7ii7 ,notice ,in cases where all of the requirements specified in clause 7i7 are met-- 7,i7 the notice required to be made public by the ,administrator under section #e7;f77#c7 shall include a justification for the determination of the ,administrator and identify the chemical substance by generic class unless the ,administrator determines that more specific identification is required in the public interest2 and 7,,ii7 as part of a claim to protect the identity of a chemical substance under subsection 7c77#b71 a manufacturer or processor may provide a public name for the chemical substance for use by the ,administrator when sharing information on the chemical substance under this subsection4 ,the public names should disclose a maximum amount of information on the chemical structure of the substance1 while protecting those features of the chemical structure that are considered confidential and the disclosure of which would potentially harm the owner of that information4 7iii7 ,duration of protection for chemical identity ,notwithstanding subsection 7c77#a77;,b77iv71 the identity of a chemical substance for which a request has been submitted pursuant to clause 7i77,i7 and meets the requirements of clause 7i7 shall be protected as confidential business information-- 7,i7 for such period of time as the ,administrator1 after reviewing the request1 determines to be reasonable2 and 7,,ii7 upon expiration of a time period specified under this clause1 for an additional #e-year period1 if the ,administrator1 after reviewing the request1 determines that the request for protection continues to meet the criteria established in this subparagraph4 7iv7 ,publication requirement ,the ,administrator shall annually publish a notice that-- 7,i7 includes an updated1 cumulative list of each new chemical substance for which the ,administrator has approved a request to protect information under this paragraph1 identified by a unique identifier1 other than the precise chemical identity1 and including the period of time for which the protection applies2 and 7,,ii7 for each chemical substance for which the protection provided under this paragraph has expired1 provides the precise identity of the chemical substance1 and provides public access to any information that had been submitted to the ,administrator which concealed the identity of the chemical substance in accordance with this paragraph4 7,c7 ,impurities ,notwithstanding subparagraph 7,a71 the ,administrator may determine not to disclose information relating to the degree of purity or the identity of impurities present in a chemical substance or mixture if the ,administrator determines that knowledge of the information would reveal processes used in the manufacturing or processing of the chemical substance or mixture4 7#c7 ,information that is never eligible for protection 7,a7 ,in general ,except as provided in paragraph 7#b71 the ,administrator shall disclose the following information3 7i7 ,the identity of a chemical substance4 7ii7 ,any safety standard determination developed under section #f1 including supporting analysis developed by the ,administrator4 7iii7 ,any health and safety study data that is submitted under this ,act with respect to-- 7,i7 any chemical substance or mixture-- 7aa7 that has been offered for commercial distribution as of the date on which the study is to be disclosed2 or 7bb7 for which testing is required under section #d or for which notification is required under section #e2 and 7,,ii7 any data reported to1 or otherwise obtained by1 the ,administrator from a health and safety study that relates to a chemical substance or mixture described in subclause 7,i74 7iv7 ,health and safety data in notices of substantial risk submitted pursuant to section #h7l7 and in the underlying studies4 7v7 ,general information describing the manufacturing volumes1 expressed in ranges1 and industrial1 commercial1 or consumer functions and uses of a chemical substance or mixture4 7vi7 ,any information indicating the presence of a chemical substance in consumer products intended for use1 or reasonably expected to be used1 by children aged #ad years or younger1 if-- 7,i7 the ,administrator1 or another authoritative body1 has determined that the chemical substance-- 7aa7 is a known or probable reproductive1 developmental1 neurological1 or immunological toxicant1 carcinogen1 or mutagen2 or 7bb7 is persistent1 bioaccumulative1 and toxic2 or 7,,ii7 for a chemical substance for which a safety standard determination has been made1 the ,administrator has not found that the chemical substance meets the safety standard4 7,b7 ,prohibition ,nothing in this paragraph authorizes the release of any data that discloses a process used in the manufacturing or processing of a chemical substance or mixture1 or in the case of a mixture1 the release of data disclosing the portion of the mixture comprised by any of the chemical substances in the mixture4 7,c7 ,applicability of other laws ,except as provided in paragraph 7#b71 if the ,administrator receives a request for information under section #eeb7;a7 of title #e1 ,united ,states ,code1 7commonly known as the ,freedom of ,information ,act7 for information described in subparagraph 7,a71 which is not information described in subparagraph 7,b71 the ,administrator shall not deny the request under subsection 7b77#d7 of that section4 7c7 ,designation and treatment of confidential business information 7#a7 ,duties of the administrator 7,a7 ,rules ,not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall promulgate rules that specify-- 7i7 the acceptable bases on which written requests to maintain confidentiality of information may be approved1 which shall be consistent with the requirements of this section2 7ii7 the nature of the documentation and justification that must accompany such a request2 and 7iii7 the types of information the ,administrator determines warrant protection for an indefinite period of time1 for which the term of confidentiality specified in subparagraph 7,b77iv77,i7 shall not apply4 7,b7 ,review of requests 7i7 ,in general ,not later than #ij days after the date of receipt of information under paragraph 7#b71 the ,administrator shall review a request to maintain confidentiality of information submitted under this ,act and determine whether to approve1 modify1 or deny that request based on the regulations promulgated by the ,administrator under subparagraph 7,a74 7ii7 ,process ,the ,administrator shall1 in accordance with clause 7i7-- 7,i7 review all requests received to maintain confidentiality of submitted information2 or 7,,ii7 if it is not feasible for the ,administrator to review all of the requests-- 7aa7 review all requests relating to information described in subsection 7b77#b77;,b72 and 7bb7 review a representative subset that includes not less than #be percent of all other requests received2 and 7,,iii7 publish in the ,federal ,register on at least an annual basis a description of the number and types of requests received and reviewed by the ,administrator4 7iii7 ,denials ,if a request to maintain confidentiality of submitted information is denied in accordance with subparagraph 7,d71 the ,administrator shall promptly make the information available to the public in accordance with section #h7;i77#b74 7iv7 ,approvals ,if a request to maintain confidentiality of submitted information is approved1 the ,administrator shall-- 7,i7 except with respect to requests subject to a rule issued pursuant to subparagraph 7,a77iii7 and requests submitted pursuant to subsection 7b77#b77;,b77i77,i71 specify a time period not to exceed #e years for which the submitted information shall be kept confidential1 unless the information otherwise becomes available to the public during the period2 and 7,,ii7 upon the expiration of the protection period1 make the information available to the public unless the manufacturer1 processor1 or distributor has submitted1 documented1 and justified to the satisfaction of the ,administrator and in accordance with this subsection the basis for a renewal of the protection1 for a time period not to exceed #e years4 7,c7 ,authority of the administrator ,nothing in subparagraph 7,a7 or 7,b7 limits the authority of the ,administrator to determine that particular information1 previously treated as confidential1 is no longer entitled to confidential treatment4 7,d7 ,notifications 7i7 ,in general ,except as provided in clause 7ii71 if the ,administrator proposes to release information for which a request for confidential treatment has been approved under this section1 the ,administrator shall electronically notify the manufacturer1 processor1 or distributor in commerce who submitted the request of the intent of the ,administrator to release the information not less than #ae days prior to the release of the information4 7ii7 ,administration ,the ,administrator shall release the information described in clause 7i7 in accordance with the disclosure and procedural requirements of section #eeb of title #e1 ,united ,states ,code 7commonly known as the #8,freedom of ,information ,act'71 except that-- 7,i7 if the release of the information is to be made pursuant to a request made under section #eeb7;a7 of title #e1 ,united ,states ,code1 the notice shall be given immediately upon approval of the request by the ,administrator2 7,,ii7 if the ,administrator determines that the release of information pursuant to subsection 7a77#b77;,a77iii7 is necessary to protect against imminent and substantial harm to human health or the environment1 no notice shall be required2 and 7,,iii7 the requirements of this subparagraph shall not apply to the release of information under-- 7aa7 clauses 7i7 through 7iii7 of subsection 7a77#b77;,a72 or 7bb7 subsection 7b77#c77;,a74 7#b7 ,duties of manufacturers1 processors1 and distributors 7,a7 ,in general ,in submitting data under this ,act1 a manufacturer1 processor1 or distributor in commerce may-- 7i7 designate information1 other than information described in subsection 7b77#c71 for which the manufacturer1 processor1 or distributor requests confidential treatment under subsection 7a7 or 7b72 and 7ii7 submit the designated data separately from other data submitted under this ,act4 7,b7 ,requirements ,a designation under this paragraph shall be made in writing and in such manner as the ,administrator may prescribe1 and shall include-- 7i7 documentation and justification for each request for confidentiality1 except for requests relating to the information described in subsection 7b77#a72 7ii7 the period of time for which maintenance of confidentiality of the information is requested except with respect to requests subject to a rule issued pursuant to subsection 7c77#a77;,a77iii72 7iii7 a certification that the information is not otherwise publicly available2 7iv7 separate copies of all submitted information1 with #a copy containing and #a copy excluding the information to which the request applies2 and 7v7 any additional information required by the ,administrator4 7,c7 ,request for renewal ,prior to the expiration of the specified time period determined by the ,administrator under paragraph 7#a77;,b77iv71 a manufacturer1 processor1 or distributor may submit a request for renewal of protection for protected information4 ,this request for renewal shall follow the same procedures and requirements as the initial submission under subparagraphs 7,a7 and 7,b74 7d7 ,civil penalty for wrongful disclosure or wrongful requests for protection 7#a7 ,in general ,any officer or employee of the ,united ,states or former officer or employee of the ,united ,states1 who1 by virtue of employment or official position has obtained possession of1 or has access to1 material the disclosure of which is prohibited by subsection 7a71 and who knowing that disclosure of the material is prohibited by that subsection1 willfully discloses the material in any manner to any person not entitled to receive the information1 shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than #aj1jjj for each violation4 7#b7 ,applicability of other laws ,section #aije of title #ah1 ,united ,states ,code1 shall not apply with respect to the publishing1 divulging1 disclosure1 making known1 or making available of1 information reported or otherwise obtained under this ,act4 7#c7 ,contractors ,for the purposes of paragraph 7#a71 any contractor with the ,united ,states who is furnished information as authorized by subsection 7a77#b71 including any employee of such a contractor1 shall be considered to be an employee of the ,united ,states4 7#d7 ,false requests ,any officer or employee of a company that submits information under this ,act who willfully designates information as eligible for confidential treatment1 knowing that the information is ineligible for such treatment1 shall be subject to a civil money penalty of not more than #aj1jjj for each such violation4 7e7 ,access by congress ,notwithstanding this section or any other provision of law1 all information reported to or otherwise obtained by the ,administrator 7or any representative of the ,administrator7 under this ,act shall be made available1 on written request of any duly authorized committee of ,congress1 to that committee4 7f7 ,risk information for workers ,the ,administrator shall facilitate the sharing of information that pertains to chemical substances or mixtures or articles containing chemical substances that workers may come into contact with or may otherwise be exposed to during the course of work with those workers and representatives of each certified or recognized bargaining agent representing those workers4 ,nothing in this subsection authorizes disclosure of information other than those disclosures that may be made pursuant to subsections 7a7 through 7e74 4 #ae4 ,prohibited acts ,section #ae of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfad7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 fail or refuse to comply with any rule1 order1 prohibition1 restriction1 or other requirement imposed by this ,act or by the ,administrator under this ,act2 2 7#b7 in paragraph 7#b7-- 7,a7 by striking use and inserting manufacture1 process1 distribute in commerce1 use1 or dispose of2 7,b7 by striking or mixture and inserting 1 mixture1 or article2 and 7,c7 by striking section #e or #f1 a rule or order under section #e or #f1 or an order issued in action brought under section #e or #g and inserting any rule1 order1 prohibition1 restriction1 or other requirement imposed by this ,act or by the ,administrator under this ,act2 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by inserting accurate and complete after maintain2 7,b7 in subparagraph 7,b7-- 7i7 by inserting or make accurate and complete after submit2 and 7ii7 by inserting information submissions1 disclosures1 declarations1 certifications1 after notices12 and 7,c7 in subparagraph 7,c71 by striking or after the semicolon2 7#d7 in paragraph 7#d71 by striking the period at the end and inserting a semicolon2 and 7#e7 by adding at the end the following3 7#e7 make or submit a statement1 declaration1 disclosure1 certification1 writing1 data set1 or representation that is materially false1 in whole or in part1 or to falsify or conceal any material fact1 in taking any action or making any communication pursuant to this ,act or pursuant to any rule or order promulgated or issued under this ,act2 or 7#f7 take any action prohibited by this ,act4 4 #af4 ,penalties ,section #af of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfae7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the first sentence-- 7,i7 by inserting this ,act or a rule or order promulgated or issued pursuant to this ,act1 as described in after a provision of2 and 7,,ii7 by striking #be1jjj and inserting #cg1ejj2 and 7ii7 in the second sentence1 by striking violation of section #ae or #dji and inserting violation of this ,act2 7,b7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,in the case of any violation described in paragraph 7#a71 the ,administrator may commence a civil action in the appropriate ,united ,states district court to assess penalties pursuant to that paragraph4 2 7,d7 in subparagraph 7,a7 of paragraph 7#c7 7as redesignated by subparagraph 7,b77-- 7i7 in the first sentence1 by inserting this ,act1 as described in before section #ae or #dji2 and 7ii7 in the last sentence1 by striking within #ae days of and inserting not later than #ae days after2 7,e7 in the first sentence of paragraph 7#d7 7as redesignated by subparagraph 7,b77-- 7i7 by striking paragraph 7#b77;,a7 and inserting paragraph 7#c77;,a72 and 7ii7 by striking the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit or for any other circuit and inserting the appropriate district court of the ,united ,states for the district2 and 7,f7 in paragraph 7#e7 7as redesignated by subparagraph 7,b771 by striking paragraph 7#c7 each place it appears and inserting paragraph 7#d72 and 7#b7 in subsection 7b7-- 7,a7 by striking ,any person and inserting the following3 7#a7 ,in general ,any person 2 7,b7 by striking or willfully2 7,c7 by inserting this ,act1 as described in after any provision of2 7,d7 by striking #be1jjj and inserting #ej1jjj2 7,e7 by striking one year and inserting #e years2 and 7,f7 by adding at the end the following3 7#b7 ,imminent danger of death or serious bodily injury 7,a7 ,in general ,any individual who knowingly violates any provision of this ,act and who knows at the time that the violation places another person in imminent danger of death or serious bodily injury shall upon conviction be subject to a fine of not more than #bej1jjj1 or imprisonment of not more than #ae years1 or both4 7,b7 ,other persons ,a person that is not an individual shall1 upon conviction of violating this paragraph1 be subject to a fine of not more than #a1jjj1jjj4 4 #ag4 ,specific enforcement and seizure ,section #ag of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfaf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7#a7 ,the district courts and all that follows through the end of subparagraph 7,c7 and inserting the following3 7#a7 ,authority of the ,administrator 7,a7 ,in general ,the ,administrator may commence a civil action in the appropriate ,united ,states district court to compel compliance of any person with any provision of this ,act or any rule or order promulgated pursuant to this ,act4 7,b7 ,enforcement ,the authority of the ,administrator to enforce this ,act includes the authority-- 7i7 to seek civil or criminal penalties under section #af for any violation of this ,act1 as described in sections #ae and #dji2 7ii7 to enjoin any violation of this ,act1 or of a rule or order promulgated or issued under this ,act1 as described in sections #ae and #dji2 7iii7 to order the compliance of any person with any provision of this ,act1 or with any rule or order promulgated or issued under this ,act1 through an administrative proceeding 7which may proceed concurrently with action under this section71 in which the ,administrator may levy penalties under section #af2 and 2 and 7ii7 in subparagraph 7,d7-- 7,i7 by redesignating clause 7i7 through 7iii7 as subclauses 7,i7 through 7,,iii71 respectively1 and indenting appropriately2 7,,ii7 by striking 7,d7 direct any manufacturer and inserting the following3 7iv7 to order any manufacturer 2 7,,iii7 by striking product subject to title ,,iv and inserting article subject to this ,act2 7,,iv7 by striking product each place it appears and inserting article2 7,v7 by striking of section #e1 #f1 or title ,,iv and inserting this ,act2 and 7,,vi7 by striking under section #e1 #f1 or title ,,iv and inserting promulgated and issued under this ,act1 as described in section #ae or #dji12 7,b7 in paragraph 7#b7-- 7i7 by striking 7#b7 ,a civil action and all that follows through described in subparagraph 7,a7 of such paragraph in subparagraph 7,a7 and inserting the following3 7#b7 ,civil actions 7,a7 ,in general ,the district courts of the ,united ,states shall have jurisdiction over a civil action described in paragraph 7#a74 7,b7 ,requirements ,a civil action described in paragraph 7#a7 may be brought-- 7i7 in the case of a civil action described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 2 7ii7 in clause 7i7 7as so designated71 by striking of section #ae and inserting of this ,act1 as described in section #ae or #dji2 7iii7 by redesignating subparagraph 7,b7 as clause 7ii7 and indenting appropriately2 and 7iv7 in clause 7ii7 7as so designated71 by striking such paragraph and inserting paragraph 7#a72 and 7,c7 in the undesignated matter following paragraph 7#b71 by striking ,in any and inserting the following3 7#c7 ,serving of process and subpoenas ,in any 2 and 7#b7 in the first sentence of subsection 7b7-- 7,a7 by striking title ,,iv and inserting this ,act2 7,b7 by striking product the first place it appears and inserting article2 and 7,c7 by striking product1 both places it appears4 #ah4 ,preemption ,section #ah of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfag7 is amended to read as follows3 #ah4 ,preemption ,nothing in this ,act affects the right of a ,state or a political subdivision of a ,state to adopt or enforce any regulation1 requirement1 or standard of performance that is different from1 or in addition to1 a regulation1 requirement1 liability1 or standard of performance established pursuant to this ,act unless compliance with both this ,act and the ,state or political subdivision of a ,state regulation1 requirement1 or standard of performance is impossible1 in which case the applicable provisions of this ,act shall control4 4 #ai4 ,judicial review ,section #ai of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfah7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,b72 7ii7 in subparagraph 7,a71 by striking 7#a77;,a7 ,not later and all that follows through under title ,,ii or ,,iv1 and inserting the following3 7#a7 ,judicial review ,not later than #fj days after the date of the promulgation or issuance of a rule under of this ,act1 2 7iii7 by inserting or order after rule each place it appears2 and 7iv7 in the second sentence1 by striking 7other than in an enforcement proceeding72 7,b7 in paragraph 7#b7-- 7i7 in the first sentence1 by striking paragraph 7#a77;,a7 and inserting paragraph 7#a72 and 7ii7 in the second sentence1 by inserting or order after rule2 and 7,c7 by striking paragraph 7#c72 7#b7 in subsection 7b71 by inserting or order after rule each place it appears2 and 7#c7 in subsection 7c71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,upon the filing of a petition under subsection 7a77#a7 for judicial review of a rule or order1 the court shall have jurisdiction-- 7,a7 to grant appropriate relief1 including interim relief1 as provided in chapter #g of title #e1 ,united ,states ,code2 and 7,b7 to review the rule or order in accordance with that chapter4 4 #bj4 ,citizens' civil action ,section #bj of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfai7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking under section #d1 #e1 or #f1 or title ,,ii or ,,iv1 or order issued under section #e or title ,,ii or ,,iv to restrain such violation1 and inserting or order issued under this ,act22 and 7,b7 in the third sentence of the undesignated language following paragraph 7#b71 by inserting 1 to enforce this ,act or any rule promulgated or order issued under this ,act1 or to order the ,administrator to perform an act or duty described in this ,act1 as the case may be after citizenship of the parties2 and 7#b7 in subsection 7b77#a71 by striking to restrain and inserting respecting4 #ba4 ,citizens' petitions ,section #ba of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbj7 is amended-- 7#a7 in subsection 7a71 by striking under section #d1 #f1 or #h or an order under section #e7;e7 or 7#f77;b77#b7 and inserting 1 order1 or any other action authorized under this ,act2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking under section #d1 #f1 or #h or an order under section #e7;e71 #f7;b77#a77;,a71 or #f7;b77#a77;,b7 and inserting or order or to initiate other action authorized under this ,act2 7,b7 in the first sentence of paragraph 7#c71 by striking section #d1 #e1 #f1 or #h and inserting the applicable provisions of this ,act2 and 7,c7 in paragraph 7#d7-- 7i7 in the first sentence of subparagraph 7,a71 by striking a rulemaking proceeding and inserting proceedings authorized under this ,act2 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i7-- 7aa7 in the first sentence1 by striking a proceeding to issue a rule under section #d1 #f1 or #h or an order under section #e7;e7 or #f7;b77#b7 and inserting proceedings authorized under this ,act2 and 7bb7 by inserting ,notwithstanding the preceding sentence1 in the case of a petition to delist a chemical substance under section #f7;a71 the delisting may not proceed except as authorized under that subsection4 after the first sentence2 7,,ii7 in clause 7i7-- 7aa7 in the matter preceding subclause 7,i71 by striking in the case of a petition to initiate a proceeding for the issuance of a rule under section #d or an order under section #e7;e7 and inserting except as provided in clause 7ii71 in the case of a petition to initiate a proceeding for the issuance of a rule or an order under this ,act2 and 7bb7 in subclause 7,,ii71 by striking an unreasonable risk to and inserting substantial endangerment2 and 7,,iii7 in clause 7ii7-- 7aa7 by striking issuance of a rule under section #f or #h or an order under section #f7;b77#b7 and inserting imposition or issuance of a restriction1 use condition1 or order under this chapter2 7bb7 by striking an unreasonable risk of injury and inserting a substantial endangerment2 and 7cc7 by striking the period at the end and inserting a semicolon4 #bb4 ,employment effects ,section #bd of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbc7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a7-- 7,a7 by striking continuing and inserting periodic2 and 7,b7 by striking plant closures7 and all that follows through the end of paragraph 7#b7 and inserting plant closures7 of the implementation of this ,act42 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the undesignated language following subparagraph 7,b71 by striking section #d1 #e1 or #f or a requirement of section #e or #f and inserting this ,act2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77ii71 by striking by order issued and inserting in writing12 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by striking the comma after such request and inserting 2 and2 7,,ii7 by striking clause 7ii72 and 7,,iii7 by redesignating clause 7iii7 as clause 7ii72 and 7,c7 by striking paragraph 7#d72 and 7#c7 by adding at the end the following3 7c7 ,effect ,nothing in this section-- 7#a7 requires the ,administrator to amend or repeal any rule or order in effect under this ,act2 or 7#b7 conditions the authority of the ,administrator to issue orders or promulgate rules under this ,act4 4 #bc4 ,administration of the ,toxic ,substances ,control ,act ,section #bf of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbe7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,fees 7#a7 ,in general ,the ,administrator may1 by rule1 require the payment of a reasonable fee from any person required to submit data to defray the cost of administering this ,act4 7#b7 ,considerations ,in setting a fee under this subsection1 the ,administrator shall take into account-- 7,a7 the ability to pay of the person required to submit the data2 and 7,b7 the cost to the ,administrator of reviewing the data4 7#c7 ,fee sharing ,rules described in paragraph 7#a7 may provide for sharing a fee in any case in which the expenses of testing are shared under this ,act4 2 7#b7 in subsection 7c7-- 7,a7 in the subsection heading1 by adding and mixtures after categories2 and 7,b7 by adding at the end the following3 7#c7 ,mixtures ,any action authorized or required to be taken by the ,administrator or any other person under any provision of this ,act with respect to a chemical substance is likewise also authorized or required with respect to a mixture1 if the ,administrator determines that such extension is reasonable and efficient4 2 and 7#c7 by adding at the end the following3 7h7 ,rulemaking or orders ,in carrying out this ,act1 the ,administrator may issue such orders and prescribe such regulations as are necessary to carry out this ,act4 4 #bd4 ,state programs ,section #bh of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbg7 is amended-- 7#a7 in the first sentence of subsection 7a7-- 7,a7 by striking unreasonable2 and 7,b7 by striking is unable or is not likely to take and inserting has not taken2 7#b7 by redesignating subsections 7b71 7c71 and 7d7 as subsections 7c71 7d71 and 7e71 respectively2 7#c7 by inserting after subsection 7a7 the following3 7b7 ,coordination ,the ,administrator shall establish a process to coordinate with ,states1 on an on-going basis1 to share data and priorities relating to the management of chemical substances under this title and under programs operated by ,states1 in accordance with section #ad4 2 and 7#d7 in subsection 7c77#b7 7as redesignated by paragraph 7#b771 by striking including cancer1 birth defects1 and gene mutations14 #be4 ,authorization of appropriations ,title ,i of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq47 is amended-- 7#a7 by redesignating section #bi 7#ae ,u4,s4,c4 #bfbh7 as section #ch2 7#b7 by redesignating section #cj 7#ae ,u4,s4,c4 #bfbi7 as section #cg2 7#c7 by striking section #ca 7,public ,law #id-dfi2 #ajj ,stat4 #bihi72 and 7#d7 by amending section #ch 7as redesignated by paragraph 7#a77 to read as follows3 #ch4 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator to carry out this ,act such sums as are necessary for each of fiscal years #bjac through #bjbj4 4 #bf4 ,additional requirements 7a7 ,restrictions on certain chemical substances ,the ,toxic ,substances ,control ,act is amended by inserting after section #bh 7#ae ,u4,s4,c4 #bfbg7 the following3 #bi4 ,children's ,environmental ,health ,research ,program 7a7 ,children's ,environmental ,health ,research ,program 7#a7 ,establishment ,not later than #ij days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall establish within the ,environmental ,protection ,agency a program to be known as the ,childrens ,environmental ,health ,research ,program' 7referred to in this subsection as the ,program74 7#b7 ,purpose ,subject to amounts made available in advance in appropriations ,acts1 the ,administrator may enter into contracts and make grants under the ,program to further understanding of the vulnerability of children to chemical substances and mixtures4 7#c7 ,consultation ,contracts and grants under this section shall be provided in consultation with the ,interagency ,science ,advisory ,board on ,children's ,health ,research established under subsection 7b77#a74 7b7 ,interagency ,science ,advisory ,board on ,children's ,health ,research 7#a7 ,establishment ,not later than #ij days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall establish an advisory board to be known as the ,interagency ,science ,advisory ,board on ,childrens ,health ,research' 7referred to in this subsection as the ,board74 7#b7 ,purpose ,the purpose of the ,board shall be to provide independent advice1 expert consultation1 and peer review1 on request of the ,administrator or ,congress1 with respect to the scientific and technical aspects of issues relating to the implementation of this title with respect to research on protecting children's health4 7#c7 ,composition ,the ,administrator shall-- 7,a7 appoint the members of the ,board1 including1 at a minimum1 representatives of-- 7i7 the ,national ,institute of ,environmental ,health ,sciences2 7ii7 the ,centers for ,disease ,control and ,prevention2 7iii7 the ,national ,toxicology ,program2 7iv7 the ,national ,cancer ,institute2 7v7 the ,national ,,epa-,tribal ,science ,council2 and 7vi7 not fewer than #c centers of children's health at leading institutions of higher education2 7,b7 ensure that at least #a_/c of the members of the ,board have specific scientific expertise in the relationship of chemical exposures to prenatal1 infant1 and children's health2 and 7,c7 ensure that no individual appointed to serve on the ,board has a conflict of interest that is relevant to the functions performed by the ,board1 unless-- 7i7 the individual promptly and publicly discloses the conflict2 and 7ii7 the ,administrator determines that the conflict is unavoidable4 7#d7 ,applicable law ,the ,board shall be subject to subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7c7 ,prenatal and infant exposures 7#a7 ,monitoring ,if1 through studies performed under subsection 7a7 or section #d or in any other available research1 the ,administrator identifies a chemical substance that may be present in human biological media that may have adverse effects on early childhood development1 the ,administrator shall coordinate with the ,secretary of ,health and ,human ,services to conduct1 not later than #b years after the date on which the ,administrator identifies the chemical substance1 a biomonitoring study to determine the presence of the chemical substance in human biological media in1 at a minimum1 pregnant women and infants4 7#b7 ,publication ,on completion of any study conducted under paragraph 7#a71 the ,secretary of ,health and ,human ,services shall-- 7,a7 notify the ,administrator of the results of the study2 and 7,b7 publish the results of the study in a publicly available electronic format4 7#c7 ,positive results 7,a7 ,manufacture disclosure ,if a chemical substance or mixture is determined to be present in a study conducted under paragraph 7#a71 the manufacturers and processors of the chemical substance or mixture shall1 not later than #ahj days after the date of publication of the study1 disclose to the ,administrator1 commercial customers of the manufacturers and processors1 consumers1 and the public-- 7i7 all known uses of the chemical substance or mixture2 and 7ii7 all articles in which the chemical substance or mixture is1 or is expected to be1 present4 7,b7 ,cost and form of disclosure ,information under clauses 7i7 and 7ii7 of subparagraph 7,a7 shall be-- 7i7 made available by the ,administrator in electronic format2 and 7ii7 made readily accessible and free of charge by each applicable manufacturer and processor in electronic format to the commercial customers of such manufacturer or processor1 consumers1 and the public4 #cj4 ,reduction of animal-based testing 7a7 ,administration ,the ,administrator shall take action to minimize the use of animals in testing of chemical substances or mixtures1 including-- 7#a7 encouraging and facilitating1 to the maximum extent practicable-- 7,a7 the use of existing data of sufficient scientific quality2 7,b7 the use of test methods that eliminate or reduce the use of animals while providing data of high scientific quality2 7,c7 the grouping of #b or more chemical substances into scientifically appropriate categories in cases in which testing of #a chemical substance would provide reliable and useful data on others in the category2 7,d7 the formation of industry consortia to jointly conduct testing to avoid unnecessary duplication of tests2 and 7,e7 the parallel submission of data from animal-based studies and from emerging methods and models2 and 7#b7 funding research and validation studies to reduce1 refine1 and replace the use of animal tests in accordance with this subsection4 7b7 ,interagency science advisory board on alternative testing methods 7#a7 ,establishment ,not later than #ij days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall establish an advisory board to be known as the ,interagency ,science ,advisory ,board on ,alternative ,testing ,methods 7referred to in this subsection and subsection 7c7 as the ,board74 7#b7 ,composition ,the ,administrator shall-- 7,a7 appoint the members of the ,board1 including1 at a minimum1 representatives of-- 7i7 the ,national ,institute of ,environmental ,health ,sciences2 7ii7 the ,centers for ,disease ,control and ,prevention2 7iii7 the ,national ,toxicology ,program2 7iv7 the ,national ,cancer ,institute2 and 7v7 the ,national ,,epa-,tribal ,science ,council2 and 7,b7 ensure that no individual appointed to serve on the ,board has a conflict of interest that is relevant to the functions to be performed1 unless-- 7i7 the individual promptly and publicly discloses the conflict2 and 7ii7 the ,administrator determines that the conflict is unavoidable4 7#c7 ,purpose ,the purpose of the ,board shall be to provide independent advice and peer review to ,congress and the ,administrator on the scientific and technical aspects of issues relating to the implementation of this title with respect to minimizing the use of animals in testing chemical substances or mixtures4 7#d7 ,applicable law ,the ,board shall be subject to subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7#e7 ,report ,not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 and every #c years thereafter1 the ,administrator1 in consultation with the ,board1 shall publish in the ,federal ,register a list of testing methods that reduce the use of animals in testing under section #d4 7c7 ,implementation of alternative testing methods ,to promote the development and timely incorporation of new testing methods that are not animal-based1 the ,administrator shall-- 7#a7 in consultation with the ,board1 and after providing an opportunity for public comment1 develop a strategic plan to promote the development and implementation of alternative test methods and testing strategies to generate information used for safety standard determinations under section #f7;b7 that do not use animals1 including toxicity pathway-based risk assessment1 in vitro studies1 systems biology1 computational toxicology1 bioinformatics1 and high-throughput screening2 7#b7 beginning on the date that is #b years after the date of enactment of the ,safe ,chemicals ,act of #bjac and every #b years thereafter1 submit to ,congress a report that describes the progress made in implementing this section2 and 7#c7 fund and carry out research1 development1 performance assessment1 and translational studies to accelerate the development of test methods and testing strategies that are not animal-based for use in safety standard determinations under section #f7;b74 7d7 ,criteria for adapting or waiving animal testing requirements ,on request from a manufacturer or processor that is required to conduct animal-based testing of a chemical substance or mixture under this title1 the ,administrator may adapt or waive the animal testing requirement if the ,administrator determines that-- 7#a7 there is a sufficient weight of evidence from several independent sources of information to support a conclusion that a chemical substance or mixture has1 or does not have1 a particular property1 in any case in which the information from each individual source alone is regarded as insufficient to support the conclusion2 7#b7 because of #a or more physical or chemical properties of the chemical substance or mixture1 testing for a specific endpoint is technically not practicable to conduct2 or 7#c7 a chemical substance or mixture cannot be tested in animals at concentrations that do not result in significant pain or distress1 because of physical or chemical properties of the chemical substance or mixture1 such as potential to cause severe corrosion or severe irritation to tissues4 #ca4 ,safer alternatives and green chemistry and engineering 7a7 ,safer alternatives program 7#a7 ,in general ,not later than #a year after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall establish a program to create market incentives for the development of safer alternatives to existing chemical substances that reduce or avoid the use and generation of hazardous substances4 7#b7 ,requirements ,the program established under paragraph 7#a7 shall include-- 7,a7 expedited review of new chemical substances for which the manufacturer or processor submits an alternatives analysis indicating that the new chemical substance is the safer alternative for a particular use than existing chemical substances used for the same purpose2 7,b7 recognition for a chemical substance or product determined by the ,administrator to be a safer alternative for a particular use by means of a special designation intended for use in marketing the safer alternative1 and periodic public awards or rewards2 and 7,c7 such other incentives1 as the ,administrator considers to be appropriate to encourage the development1 marketing1 and use of chemical substances or products determined by the ,administrator to be safer alternatives for the particular uses1 such as job training and worker assistance4 7b7 ,green chemistry research network ,the ,administrator shall establish a network of not less than #d green chemistry and engineering centers1 located in various regions of the ,united ,states1 to support the development and adoption of safer alternatives to chemical substances1 particularly chemical substances listed under section #f7;a74 7c7 ,green chemistry and engineering research grants ,the ,administrator shall make grants to promote and support the research1 development1 and adoption of safer alternatives to hazardous substances4 7d7 ,green chemistry workforce education and training program 7#a7 ,in general ,the ,administrator shall establish a program to facilitate the development of a workforce1 including industrial and scientific workers1 that produces safer alternatives to existing chemical substances4 7#b7 ,goals ,the goals of the program established under paragraph 7#a7 are to provide workforce training on skills that would-- 7,a7 facilitate the expansion of green chemistry2 7,b7 develop scientific and technical leadership in green chemistry2 7,c7 facilitate the successful and safe integration of green chemistry into infrastructure projects2 7,d7 inform and engage communities about green chemistry2 and 7,e7 promote innovation and strong public health and environmental protections4 7#c7 ,implementation ,the ,administrator shall implement the program to achieve the goals of this ,act1 including by-- 7,a7 helping to develop a broad range of skills relevant to the production and use of the safer alternatives1 including the design1 manufacturing1 use1 and disposal of the alternatives2 7,b7 offering to develop partnerships with educational institutions1 training organizations1 private sector companies1 and community organizations2 and 7,c7 providing grants to ,states1 units of local government1 and the partnerships developed under subparagraph 7,b7 to promote and support activities consistent with achieving the goals of the program established under this subsection4 #cb4 ,cooperation with international efforts ,in cooperation with the ,secretary of ,state and the head of any other appropriate ,federal agency 7as determined by the ,administrator71 the ,administrator shall cooperate with international efforts as appropriate-- 7#a7 to develop a common protocol or electronic database relating to chemical substances2 or 7#b7 to develop safer alternatives for chemical substances4 #cc4 ,reliable information and advice ,not later than #ah months after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall1 by order1 establish and implement procedures to ensure data reliability including1 at a minimum1 requirements that the ,administrator-- 7#a7 not less than annually randomly inspect laboratories that develop the data required under this title on the various properties and characteristics of a chemical substance2 7#b7 annually perform a comprehensive data audit on a subset1 as chosen by the ,administrator1 of the data submissions under this title2 7#c7 establish and maintain a registry of all health- and safety-related studies initiated in response to requirements under this title2 7#d7 have access to all records of health- and safety-related studies initiated in response to requirements under this title2 and 7#e7 require the submitter of any research study conducted by a third party in response to requirements under this title to disclose to the ,administrator and the public1 at the time of submission1 the sources of any funding used for the conduct or publication of the study received by the researchers who conducted the study4 #cd4 ,hot spots 7a7 ,definitions ,in this section3 7#a7 ,disproportionate exposure ,the term disproportionate exposure means residential population exposure to #a or more toxic chemical substances or mixtures at levels that are significantly greater than the average exposure in the ,united ,states1 as defined and identified by the ,administrator in accordance with the criteria established under subsection 7b74 7#b7 ,locality ,the term locality means any geographical area 7including a county1 city1 town1 neighborhood1 census tract1 zip code area1 or other commonly understood political or geographical subdivision7 in which the ,administrator identifies disproportionate exposure4 7b7 ,criteria ,not later than #ahj days after the date of enactment of the ,safe ,chemicals ,act of #bjac1 the ,administrator shall promulgate a rule to establish criteria consistent with this section that-- 7#a7 defines disproportionate exposure2 and 7#b7 identifies any locality that is disproportionately exposed4 7c7 ,identification 7#a7 ,in general ,not later than #abj days after the date on which the rule is promulgated under subsection 7b71 the ,administrator shall identify localities in the ,united ,states that are subject to disproportionate exposure4 7#b7 ,use of data ,in identifying localities under paragraph 7#a71 the ,administrator-- 7,a7 shall use data contained in the ,national ,air ,toxic ,assessment ,database2 and 7,b7 may use other data available to the ,administrator1 including data developed under-- 7i7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7ii7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 7iii7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 and 7iv7 the ,emergency ,planning and ,community ,right-to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq474 7#c7 ,public participation ,the ,administrator shall provide an opportunity for members of the public to nominate localities in which disproportionate exposure may be found for inclusion in the identification of localities under paragraph 7#a74 7d7 ,locality list 7#a7 ,in general ,not later than #ahj days after completing the identification of localities under subsection 7c77#a71 the ,administrator1 after notice and consultation with applicable ,state1 local1 county health1 and environmental officials1 ,state1 local1 and county legislators1 and other elected officials1 shall-- 7,a7 publish a list of the localities subject to disproportionate exposure identified under that subsection in the ,federal ,register2 and 7,b7 make the list published under subparagraph 7,a7 available electronically4 7#b7 ,updated list 7,a7 ,in general ,subject to subparagraph 7,b71 not later than #e years after the date on which the list is published under paragraph 7#a77;,a71 and at least once every #e years thereafter1 the ,administrator shall update and republish the list4 7,b7 ,discretionary updates ,the ,administrator may update and republish the list under paragraph 7#a7 more frequently than every #e years-- 7i7 to add new localities that meet the criteria established under subsection 7b72 or 7ii7 to remove localities1 if the ,administrator determines that the exposure reduction has been achieved and no further action is needed after actions are taken under subsection 7f74 7,c7 ,notification ,the ,administrator shall notify all applicable ,state1 local1 county health1 and environmental officials1 ,state1 local1 and county legislators1 and other elected officials of the updated listing4 7e7 ,no judicial review2 nondiscretionary duty 7#a7 ,no judicial review ,the following actions under this section shall not be subject to judicial review3 7,a7 ,a decision to include on the list published under subsection 7d77#a7 a locality identified under subsection 7c77#a74 7,b7 ,a decision in response to nominations submitted under subsection 7c77#c74 7,c7 ,a decision to list localities under subsection 7d77#a7 or update the list under subsection 7d77#b74 7#b7 ,nondiscretionary duty ,notwithstanding paragraph 7#a71 the failure of the ,administrator to publish or update the list of localities in accordance with this section shall be-- 7,a7 considered to be a failure to perform a nondiscretionary duty2 and 7,b7 subject to judicial review4 7f7 ,action plans 7#a7 ,in general ,not later than #a year after the date on which the list is published or updated under subsection 7d71 the ,administrator shall develop and publish1 for each locality identified on the list1 an action plan that includes-- 7,a7 an identification of the chemical substances and mixtures that contribute to the disproportionate exposure 7including exposure levels1 sources1 and pathways72 and 7,b7 a description of actions planned by the ,administrator to reduce disproportionate exposure in the locality4 7#b7 ,goals ,the goal of each action plan under this subsection shall be to reduce disproportionate exposure in the locality by establishing-- 7,a7 a percentage exposure reduction goal for each chemical substance and mixture2 and 7,b7 a timeline to achieve the percentage exposure reduction goal4 7g7 ,report to ,congress ,the ,administrator shall-- 7#a7 submit to ,congress an annual report that identifies-- 7,a7 each locality added to the list in the prior year under subsection 7d72 7,b7 each action plan developed in the prior year under subsection 7f72 and 7,c7 the progress on each action plan to date2 and 7#b7 make the report available to the public in electronic format4 #ce4 ,application of this ,act to ,federal agencies 7a7 ,in general ,except as provided in subsection 7e71 each ,federal agency1 and any officer1 agent1 or employee of a ,federal agency1 shall be subject to1 and comply with1 all applicable requirements of this ,act described in subsection 7b71 both substantive and procedural1 in the same manner1 and to the same extent1 as any person subject to the requirements4 7b7 ,description of requirements ,the substantive and procedural requirements referred to in this subsection include-- 7#a7 any administrative order2 7#b7 any civil or administrative penalty or fine1 regardless of whether the penalty or fine is-- 7,a7 punitive or coercive in nature2 or 7,b7 imposed for isolated1 intermittent1 or continuing violations2 7#c7 any requirement for reporting2 7#d7 any provision for injunctive relief and sanctions that may be imposed by a court to enforce such relief2 and 7#e7 payment of reasonable service charges4 7c7 ,waiver of immunity ,the ,united ,states expressly waives any immunity otherwise applicable to the ,united ,states with respect to any substantive or procedural requirement referred to under subsection 7a74 7d7 ,civil penalties ,no agent1 employee1 or officer of the ,united ,states shall be personally liable for any civil penalty under this title with respect to any act or omission within the scope of the official duties of the agent1 employee1 or officer4 7e7 ,criminal sanctions ,an agent1 employee1 or officer of the ,united ,states shall be subject to any criminal sanction 7including any fine or imprisonment7 under this ,act1 but no department1 agency1 or instrumentality of the executive1 legislative1 or judicial branch of the ,federal ,government shall be subject to such sanction4 7f7 ,exemption 7#a7 ,in general ,if the ,president determines it is in the paramount interest of the ,united ,states1 the ,president may grant an exemption for any ,federal agency from compliance with any requirement of this ,act4 7#b7 ,lack of appropriation ,no exemption shall be granted under paragraph 7#a7 due to lack of appropriation unless-- 7,a7 the ,president has specifically requested the appropriation as a part of the budgetary process2 and 7,b7 ,congress has failed to make the requested appropriation available4 7#c7 ,period of exemption ,any exemption granted under paragraph 7#a7 shall be for a period of not more than #a year1 but additional exemptions may be granted for periods not to exceed #a year1 if the ,president makes a subsequent determination that the exemption is in the paramount interest of the ,united ,states4 7#d7 ,report ,each ,january after the date of enactment of this section1 the ,president shall submit to ,congress a report that describes-- 7,a7 all exemptions granted under this subsection during the preceding calendar year2 and 7,b7 the reason for granting each exemption4 7g7 ,administrative enforcement actions 7#a7 ,in general ,the ,administrator may initiate an administrative enforcement action against any ,federal agency-- 7,a7 in accordance with the enforcement authorities of this ,act2 and 7,b7 in the same manner and under the same circumstances as an action would be initiated against another person4 7#b7 ,settlement ,any voluntary resolution or settlement of an administrative enforcement action initiated under this subsection shall be set forth in a consent order4 7#c7 ,finality of administrative order ,no administrative order issued to a ,federal department1 agency1 or instrumentality under this subsection shall become final until the ,federal department1 agency1 or instrumentality has had the opportunity to confer with the ,administrator4 #cf4 ,implementation of ,stockholm ,convention1 the ,,lrtap ,pops ,protocol1 and the ,rotterdam ,convention 7a7 ,definitions ,in this section3 7#a7 ,chemical ,the term chemical includes any substance or mixture of substances1 including a substance that is part of an article4 7#b7 ,,lrtap ,convention ,the term ,,lrtap ,convention means the ,convention on ,long-,range ,transboundary ,air ,pollution1 done at ,geneva on ,november #ac1 #aigi 7,,tias #ajeda71 and any subsequent amendments to which the ,united ,states is a party4 7#c7 ,,lrtap ,pops chemical ,the term ,,lrtap ,p,o,ps chemical means any chemical listed on any ,annex of the ,,lrtap ,p,o,ps ,protocol1 if such listing has entered into force for the ,united ,states4 7#d7 ,,lrtap ,,pops ,protocol ,the term ,,lrtap ,p,o,ps ,protocol means the ,protocol on ,persistent ,organic ,pollutants to the ,,lrtap ,convention1 done at ,aarhus on ,june #bd1 #aiih1 and any subsequent amendment to which the ,united ,states is a party4 7#e7 ,meeting of the parties ,the term meeting of the parties means-- 7,a7 the ,conference of the ,parties established by and operating under ,article #ai of the ,stockholm ,convention2 7,b7 the ,executive ,body established by and operating under ,article #aj of the ,,lrtap ,p,o,ps ,convention2 and 7,c7 the ,conference of the ,parties established by and operating under ,article #ah of the ,rotterdam ,convention4 7#f7 ,,pic chemical ,the term ,,pic chemical means any chemical identified by notification to the ,secretariat of the ,rotterdam ,convention by the ,united ,states as banned or severely restricted in the ,united ,states1 and any chemical listed on any ,annex of the ,rotterdam ,convention1 if such listing has entered into force for the ,united ,states4 7#g7 ,p,o,ps chemical ,the term ,p,o,ps chemical means any chemical that is listed on any ,annex of the ,stockholm ,convention1 if such listing has entered into force for the ,united ,states4 7#h7 ,rotterdam convention ,the term ,rotterdam ,convention means the ,rotterdam ,convention on the ,prior ,informed ,consent ,procedure for ,certain ,hazardous ,chemicals and ,pesticides in ,international ,trade1 done at ,rotterdam on ,september #aj1 #aiih1 and any subsequent amendment to which the ,united ,states is a party4 7#i7 ,stockholm convention ,the term ,stockholm ,convention means the ,stockholm ,convention on ,persistent ,organic ,pollutants1 done at ,stockholm on ,may #bb1 #bjja1 and any subsequent amendment to which the ,united ,states is a party4 7b7 ,implementation of international agreements 7#a7 ,in general ,the ,administrator1 in cooperation with appropriate ,federal agencies1 shall implement and support the implementation by the ,united ,states of the provisions of the ,stockholm ,convention1 the ,,lrtap ,p,o,ps ,protocol1 and the ,rotterdam ,convention that have entered into effect for the ,united ,states4 7#b7 ,prohibitions ,notwithstanding any other provision of law1 no person may manufacture1 process1 distribute in commerce1 use1 dispose of1 or take any other action with respect to a ,p,o,ps chemical1 ,,lrtap ,p,o,ps chemical1 or ,,pic chemical in a manner inconsistent with applicable obligations for that chemical under the ,stockholm ,convention1 ,,lrtap ,p,o,ps ,protocol1 or ,rotterdam ,convention4 7#c7 ,public notice and comment 7,a7 ,in general ,the ,administrator shall provide timely public notice and opportunity to comment on a chemical proposed for listing to any ,annex to the ,stockholm ,convention1 the ,,lrtap ,p,o,ps ,protocol1 or the ,rotterdam ,convention4 7,b7 ,contents ,the ,administrator shall identify in the notice under subparagraph 7,a7 any relevant toxicity1 exposure1 and risk information on the chemical known to the ,administrator1 and any domestic activities involving the chemical known to the ,administrator4 7,c7 ,notice and comment 7i7 ,in general ,any interested person may provide relevant comment and information on the chemical in response to the notice under subparagraph 7,a74 7ii7 ,request for information ,the ,administrator may require the provision of relevant information related to a proposed chemical from any person1 as the ,administrator determines necessary to assist the ,united ,states in the review4 7iii7 ,public docket ,the ,administrator shall consider all comments and information received under this subparagraph in the review of the proposal and include the comments and information in an established public docket4 7,d7 ,post-recommendation 7i7 ,in general ,the ,administrator shall provide timely public notice and opportunity to comment after a recommendation is made to list a chemical on any ,annex to the ,stockholm ,convention1 the ,,lrtap ,p,o,ps ,protocol1 or the ,rotterdam ,convention4 7ii7 ,meeting of the ,parties ,the ,administrator shall provide the notice under clause 7i7 in advance of the meeting of the ,parties at which the recommendation is to be considered4 7iii7 ,request for information ,the ,administrator shall request comment and information on all aspects of the recommendation and may1 if the ,administrator determines it to be necessary to assist the ,united ,states in the review1 require the provision of relevant information related to a proposed chemical from any person4 7iv7 ,public docket ,the ,administrator shall consider all comments and information received under this subparagraph in the review of the proposal and include the comments and information in an established public docket4 7,e7 ,decisions 7i7 ,in general ,not later than #cj days after a decision by the meeting of the parties1 the ,administrator shall provide timely public notice and opportunity to comment on any decision by the meeting of the parties to list a chemical on any ,annex to the ,stockholm ,convention4 7ii7 ,contents ,the ,administrator shall provide in the notice under clause 7i7 a description of the amendments to the instruments and identify the changes to the domestic activities that the ,administrator believes1 based on information available to the ,administrator1 would be necessary if the ,united ,states chose to be bound by the listing decision4 7iii7 ,public comment ,any interested person may provide relevant comment and information in response to the notice under clause 7i74 7iv7 ,public docket ,the ,administrator shall consider all comments and information received under this subparagraph in the review of the proposal and include the comments and information in an established public docket4 7,f7 ,ratification ,not later than #cj days after the ,united ,states deposits the instrument of ratification for the ,stockholm ,convention1 the ,,lrtap ,p,o,ps ,protocol1 or the ,rotterdam ,convention1 or not later than #cj days after the listing of any chemical subsequently added under those instruments has entered into force for the ,united ,states 7whichever date is earlier71 the ,administrator-- 7i7 shall provide public notice of-- 7,i7 the chemicals that are subject to those instruments2 and 7,,ii7 any chemical subsequently added under those instruments2 and 7ii7 may specify the requirements that are applicable for individual chemicals in a public notice under this subparagraph4 7#d7 ,general rulemaking authority ,the ,administrator may promulgate regulations necessary to carry out the ,stockholm ,convention1 the ,,lrtap ,p,o,ps ,protocol1 or the ,rotterdam ,convention1 or to ensure compliance with any obligations under such instruments4 7#e7 ,obligations ,if a chemical is subject to obligations under more than #a of the instruments that includes the ,stockholm ,convention1 the ,,lrtap ,p,o,ps ,protocol1 or the ,rotterdam ,convention1 the most stringent of the obligations shall apply to ensure compliance with each of the instruments4 7c7 ,enforcement ,the prohibitions and any other requirements of this section shall be enforced in the same manner as final rules or orders under section #f4 4 7b7 ,conforming amendments ,the table of contents for the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq47 is amended-- 7#a7 by striking the item relating to section #b and inserting the following3 ,sec4 #b4 ,findings1 policy1 and goal4 2 7#b7 by striking the item relating to section #d and inserting the following3 ,sec4 #d4 ,minimum data set and testing of chemical substances4 2 7#c7 by striking the item relating to section #f and inserting the following3 ,sec4 #f4 ,prioritization1 safety standard determination1 and risk management4 2 7#d7 by striking the items relating to sections #bi through #ca2 and 7#e7 by adding after the item relating to section #bh the following3 ,sec4 #bi4 ,children's ,environmental ,health ,research ,program4 ,sec4 #cj4 ,reduction of animal-based testing4 ,sec4 #ca4 ,safer alternatives and green chemistry and engineering4 ,sec4 #cb4 ,cooperation with international efforts4 ,sec4 #cc4 ,reliable information and advice4 ,sec4 #cd4 ,hot spots4 ,sec4 #ce4 ,application of this ,act to ,federal agencies4 ,sec4 #cf4 ,implementation of ,stockholm ,convention1 the ,,lrtap ,pops ,protocol1 and the ,rotterdam ,convention4 ,sec4 #cg4 ,annual report4 ,sec4 #ch4 ,authorization of appropriations4 4