#aadth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,may #bd1 #bjaf ,,house ,,amendment ,,to ,,senate ,,amendment3 ,that the ,house agree to the amendment of the ,senate to the bill 7,h4,r4 #begf7 entitled ,an ,act to modernize the ,toxic ,substances ,control ,act1 and for other purposes4 with the following ,in lieu of the matter proposed to be inserted by the amendment of the ,senate1 insert the following3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,,chemical ,,safety ,sec4 #b4 ,findings1 policy1 and intent4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,testing of chemical substances and mixtures4 ,sec4 #e4 ,manufacturing and processing notices4 ,sec4 #f4 ,prioritization1 risk evaluation1 and regulation of chemical substances and mixtures4 ,sec4 #g4 ,imminent hazards4 ,sec4 #h4 ,reporting and retention of information4 ,sec4 #i4 ,relationship to other ,federal laws4 ,sec4 #aj4 ,exports of elemental mercury4 ,sec4 #aa4 ,confidential information4 ,sec4 #ab4 ,penalties4 ,sec4 #ac4 ,state-,federal relationship4 ,sec4 #ad4 ,judicial review4 ,sec4 #ae4 ,citizens' civil actions4 ,sec4 #af4 ,studies4 ,sec4 #ag4 ,administration of the ,act4 ,sec4 #ah4 ,state programs4 ,sec4 #ai4 ,conforming amendments4 ,sec4 #bj4 ,no retroactivity4 ,sec4 #ba4 ,trevor's ,law4 ,,title ,,ii--,,rural ,,healthcare ,,connectivity ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,telecommunications services for skilled nursing facilities4 ,i ,chemical ,safety #b4 ,findings1 policy1 and intent ,section #b7;c7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja7;c77 is amended by striking proposes to take and inserting proposes as provided4 #c4 ,definitions ,section #c of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb7 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#ad7 as paragraphs 7#e71 7#f71 7#h71 7#i71 7#aj71 7#aa71 7#ac71 7#ad71 7#ae71 7#af71 and 7#ag71 respectively2 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,the term conditions of use means the circumstances1 as determined by the ,administrator1 under which a chemical substance is intended1 known1 or reasonably foreseen to be manufactured1 processed1 distributed in commerce1 used1 or disposed of4 2 7#c7 by inserting after paragraph 7#f71 as so redesignated1 the following3 7#g7 ,the term guidance means any significant written guidance of general applicability prepared by the ,administrator4 2 and 7#d7 by inserting after paragraph 7#aa71 as so redesignated1 the following3 7#ab7 ,the term potentially exposed or susceptible subpopulation means a group of individuals within the general population identified by the ,administrator who1 due to either greater susceptibility or greater exposure1 may be at greater risk than the general population of adverse health effects from exposure to a chemical substance or mixture1 such as infants1 children1 pregnant women1 workers1 or the elderly4 4 #d4 ,testing of chemical substances and mixtures ,section #d of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjc7 is amended-- 7#a7 by striking standards each place it appears and inserting protocols and methodologies2 7#b7 in subsection 7a7-- 7,a7 by striking ,if the ,administrator finds and inserting 7#a7 ,if the ,administrator finds2 7,b7 in paragraph 7#a71 as so designated-- 7i7 by striking 7#a77;,a77i7 and inserting 7,a77i77,i72 7ii7 by striking 7ii7 each place it appears and inserting 7,,ii72 7iii7 by striking are insufficient data and inserting is insufficient information each place it appears2 7iv7 by striking 7iii7 each place it appears and inserting 7,,iii72 7v7 by striking such data and inserting such information each place it appears2 7vi7 by striking 7,b77i7 and inserting 7ii77,i72 7vii7 by striking 7,i7 and inserting 7aa72 7viii7 by striking 7,,ii7 and inserting 7bb72 7ix7 by striking 7#b7 and inserting 7,b72 and 7x7 in the matter following subparagraph 7,b71 as so redesignated-- 7,i7 by inserting 1 or1 in the case of a chemical substance or mixture described in subparagraph 7,a77i71 by rule1 order1 or consent agreement1 after rule2 7,,ii7 by striking data each place it appears and inserting information2 and 7,,iii7 by striking and which are relevant and inserting and which is relevant2 and 7,c7 by adding at the end the following3 7#b7 ,additional testing authority ,in addition to the authority provided under paragraph 7#a71 the ,administrator may1 by rule1 order1 or consent agreement-- 7,a7 require the development of new information relating to a chemical substance or mixture if the ,administrator determines that the information is necessary-- 7i7 to review a notice under section #e or to perform a risk evaluation under section #f7;b72 7ii7 to implement a requirement imposed in a rule1 order1 or consent agreement under subsection 7e7 or 7f7 of section #e or in a rule promulgated under section #f7;a72 7iii7 at the request of a ,federal implementing authority under another ,federal law1 to meet the regulatory testing needs of that authority with regard to toxicity and exposure2 or 7iv7 pursuant to section #ab7;a77#b72 and 7,b7 require the development of new information for the purposes of prioritizing a chemical substance under section #f7;b7 only if the ,administrator determines that such information is necessary to establish the priority of the substance1 subject to the limitations that-- 7i7 not later than #ij days after the date of receipt of information regarding a chemical substance complying with a rule1 order1 or consent agreement under this subparagraph1 the ,administrator shall designate the chemical substance as a high-priority substance or a low-priority substance2 and 7ii7 information required by the ,administrator under this subparagraph shall not be required for the purposes of establishing or implementing a minimum information requirement of broader applicability4 7#c7 ,statement of need ,when requiring the development of new information relating to a chemical substance or mixture under paragraph 7#b71 the ,administrator shall identify the need for the new information1 describe how information reasonably available to the ,administrator was used to inform the decision to require new information1 explain the basis for any decision that requires the use of vertebrate animals1 and1 as applicable1 explain why issuance of an order is warranted instead of promulgating a rule or entering into a consent agreement4 7#d7 ,tiered testing ,when requiring the development of new information under this subsection1 the ,administrator shall employ a tiered screening and testing process1 under which the results of screening-level tests or assessments of available information inform the decision as to whether #a or more additional tests are necessary1 unless information available to the ,administrator justifies more advanced testing of potential health or environmental effects or potential exposure without first conducting screening-level testing4 2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking test data and inserting information2 7ii7 in subparagraph 7,c71 by striking data and inserting information2 and 7iii7 in the matter following subparagraph 7,c71 by striking data and inserting information2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking test data and inserting information2 7,,ii7 by inserting ,protocols and methodologies for the development of information may also be prescribed for the assessment of exposure or exposure potential to humans or the environment4 after the first sentence2 and 7,,iii7 by striking hierarchical tests and inserting tiered testing2 and 7ii7 in subparagraph 7,b71 by striking data and inserting information2 7,c7 in paragraph 7#c7-- 7i7 by striking data each place it appears and inserting information2 7ii7 in subparagraph 7,a71 by inserting or 7,c71 as applicable1 after subparagraph 7,b72 7iii7 by striking 7a77#a77;,a77ii7 or 7a77#a77;,b77ii7 each place it appears in subparagraph 7,b7 and inserting 7a77#a77;,a77i77,,ii7 or 7a77#a77;,a77ii77,,ii72 7iv7 in subparagraph 7,b71 in the matter before clause 7i71 by striking subsection 7a7 and inserting subsection 7a77#a72 and 7v7 by adding at the end the following3 7,c7 ,a rule or order under paragraph 7#a7 or 7#b7 of subsection 7a7 may require the development of information by any person who manufactures or processes1 or intends to manufacture or process1 a chemical substance or mixture subject to the rule or order4 2 7,d7 in paragraph 7#d7-- 7i7 by striking of data each place it appears and inserting of information2 and 7ii7 by striking test data each place it appears and inserting information2 and 7,e7 by striking paragraph 7#e72 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking data and inserting information2 7,b7 in paragraph 7#b71 by striking data each place it appears and inserting information2 7,c7 in paragraph 7#c7-- 7i7 by striking test data each place it appears and inserting information2 and 7ii7 by striking such data each place it appears and inserting such information2 and 7,d7 in paragraph 7#d7 by striking test data each place it appears and inserting information2 7#e7 in subsection 7d7-- 7,a7 by striking test data each place it appears and inserting information2 7,b7 by striking such data each place it appears and inserting such information2 and 7,c7 by striking for which data have and inserting for which information has2 7#f7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking promulgation of a rule and inserting development of information2 and 7,,ii7 by striking data each place it appears and inserting information2 and 7ii7 in subparagraph 7,b71 by striking either initiate a rulemaking proceeding under subsection 7a7 or if such a proceeding is not initiated within such period1 publish in the ,federal ,register the ,administrator's reason for not initiating such a proceeding and insert issue an order1 enter into a consent agreement1 or initiate a rulemaking proceeding under subsection 7a71 or1 if such an order or consent agreement is not issued or such a proceeding is not initiated within such period1 publish in the ,federal ,register the ,administrator's reason for not issuing such an order1 entering into such a consent agreement1 or initiating such a proceeding2 and 7,b7 in paragraph 7#b77;,a7-- 7i7 by striking eight members and inserting ten members2 and 7ii7 by adding at the end the following3 7ix7 ,one member appointed by the ,chairman of the ,consumer ,product ,safety ,commission from ,commissioners or employees of the ,commission4 7x7 ,one member appointed by the ,commissioner of ,food and ,drugs from employees of the ,food and ,drug ,administration4 2 7#g7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by striking test data and inserting information2 and 7,b7 in the matter following paragraph 7#b7-- 7i7 by striking or will present2 7ii7 by striking from cancer1 gene mutations1 or birth defects2 7iii7 by striking data or2 7iv7 by striking appropriate and inserting applicable2 and 7v7 by inserting 1 made without consideration of costs or other nonrisk factors1 after publish in the ,federal ,register a finding2 7#h7 in subsection 7g7-- 7,a7 by amending the subsection heading to read as follows3 ,petition for protocols and methodologies for the development of information2 7,b7 by striking test data each place it appears and inserting information2 and 7,c7 by striking submit data and inserting submit information2 and 7#i7 by adding at the end the following3 7h7 ,reduction of testing on vertebrates 7#a7 ,in general ,the ,administrator shall reduce and replace1 to the extent practicable1 scientifically justified1 and consistent with the policies of this title1 the use of vertebrate animals in the testing of chemical substances or mixtures under this title by-- 7,a7 prior to making a request or adopting a requirement for testing using vertebrate animals1 and in accordance with subsection 7a77#c71 taking into consideration1 as appropriate and to the extent practicable and scientifically justified1 reasonably available existing information1 including-- 7i7 toxicity information2 7ii7 computational toxicology and bioinformatics2 and 7iii7 high-throughput screening methods and the prediction models of those methods2 and 7,b7 encouraging and facilitating-- 7i7 the use of scientifically valid test methods and strategies that reduce or replace the use of vertebrate animals while providing information of equivalent or better scientific quality and relevance that will support regulatory decisions under this title2 7ii7 the grouping of #b or more chemical substances into scientifically appropriate categories in cases in which testing of a chemical substance would provide scientifically valid and useful information on other chemical substances in the category2 and 7iii7 the formation of industry consortia to jointly conduct testing to avoid unnecessary duplication of tests1 provided that such consortia make all information from such testing available to the ,administrator4 7#b7 ,implementation of alternative testing methods ,to promote the development and timely incorporation of new scientifically valid test methods and strategies that are not based on vertebrate animals1 the ,administrator shall-- 7,a7 not later than #b years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 develop a strategic plan to promote the development and implementation of alternative test methods and strategies to reduce1 refine1 or replace vertebrate animal testing and provide information of equivalent or better scientific quality and relevance for assessing risks of injury to health or the environment of chemical substances or mixtures through1 for example-- 7i7 computational toxicology and bioinformatics2 7ii7 high-throughput screening methods2 7iii7 testing of categories of chemical substances2 7iv7 tiered testing methods2 7v7 in vitro studies2 7vi7 systems biology2 7vii7 new or revised methods identified by validation bodies such as the ,interagency ,coordinating ,committee on the ,validation of ,alternative ,methods or the ,organization for ,economic ,co-operation and ,development2 or 7viii7 industry consortia that develop information submitted under this title2 7,b7 as practicable1 ensure that the strategic plan developed under subparagraph 7,a7 is reflected in the development of requirements for testing under this section2 7,c7 include in the strategic plan developed under subparagraph 7,a7 a list1 which the ,administrator shall update on a regular basis1 of particular alternative test methods or strategies the ,administrator has identified that do not require new vertebrate animal testing and are scientifically reliable1 relevant1 and capable of providing information of equivalent or better scientific reliability and quality to that which would be obtained from vertebrate animal testing2 7,d7 provide an opportunity for public notice and comment on the contents of the plan developed under subparagraph 7,a71 including the criteria for considering scientific reliability and relevance of the test methods and strategies that may be identified pursuant to subparagraph 7,c72 7,e7 beginning on the date that is #e years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 and every #e years thereafter1 submit to ,congress a report that describes the progress made in implementing the plan developed under subparagraph 7,a7 and goals for future alternative test methods and strategies implementation2 and 7,f7 prioritize and1 to the extent consistent with available resources and the ,administrator's other responsibilities under this title1 carry out performance assessment1 validation1 and translational studies to accelerate the development of scientifically valid test methods and strategies that reduce1 refine1 or replace the use of vertebrate animals1 including minimizing duplication1 in any testing under this title4 7#c7 ,voluntary testing 7,a7 ,in general ,any person developing information for submission under this title on a voluntary basis and not pursuant to any request or requirement by the ,administrator shall first attempt to develop the information by means of an alternative test method or strategy identified by the ,administrator pursuant to paragraph 7#b77;,c71 if the ,administrator has identified such a test method or strategy for the development of such information1 before conducting new vertebrate animal testing4 7,b7 ,effect of paragraph ,nothing in this paragraph shall1 under any circumstance1 limit or restrict the submission of any existing information to the ,administrator4 7,c7 ,relationship to other law ,a violation of this paragraph shall not be a prohibited act under section #ae4 7,d7 ,review of means ,this paragraph authorizes1 but does not require1 the ,administrator to review the means by which a person conducted testing described in subparagraph 7,a74 4 #e4 ,manufacturing and processing notices ,section #e of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,except as provided in and inserting 7,a7 ,except as provided in subparagraph 7,b7 of this paragraph and2 7ii7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7iii7 by striking all that follows significant new use and inserting a period2 and 7iv7 by adding at the end the following3 7,b7 ,a person may take the actions described in subparagraph 7,a7 if-- 7i7 such person submits to the ,administrator1 at least #ij days before such manufacture or processing1 a notice1 in accordance with subsection 7d71 of such person's intention to manufacture or process such substance and such person complies with any applicable requirement of1 or imposed pursuant to1 subsection 7b71 7e71 or 7f72 and 7ii7 the ,administrator-- 7,i7 conducts a review of the notice2 and 7,,ii7 makes a determination under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#c7 and takes the actions required in association with that determination under such subparagraph within the applicable review period4 2 and 7,b7 by adding at the end the following new paragraphs3 7#c7 ,review and determination ,within the applicable review period1 subject to section #ah1 the ,administrator shall review such notice and determine-- 7,a7 that the relevant chemical substance or significant new use presents an unreasonable risk of injury to health or the environment1 without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the ,administrator under the conditions of use1 in which case the ,administrator shall take the actions required under subsection 7f72 7,b7 that-- 7i7 the information available to the ,administrator is insufficient to permit a reasoned evaluation of the health and environmental effects of the relevant chemical substance or significant new use2 or 7ii7 7,i7 in the absence of sufficient information to permit the ,administrator to make such an evaluation1 the manufacture1 processing1 distribution in commerce1 use1 or disposal of such substance1 or any combination of such activities1 may present an unreasonable risk of injury to health or the environment1 without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the ,administrator2 or 7,,ii7 such substance is or will be produced in substantial quantities1 and such substance either enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant or substantial human exposure to the substance1 in which case the ,administrator shall take the actions required under subsection 7e72 or 7,c7 that the relevant chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment1 without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the ,administrator under the conditions of use1 in which case the submitter of the notice may commence manufacture of the chemical substance or manufacture or processing for a significant new use4 7#d7 ,failure to render determination 7,a7 ,failure to render determination ,if the ,administrator fails to make a determination on a notice under paragraph 7#c7 by the end of the applicable review period and the notice has not been withdrawn by the submitter1 the ,administrator shall refund to the submitter all applicable fees charged to the submitter for review of the notice pursuant to section #bf7;b71 and the ,administrator shall not be relieved of any requirement to make such determination4 7,b7 ,limitations 7i7 ,a refund of applicable fees under subparagraph 7,a7 shall not be made if the ,administrator certifies that the submitter has not provided information required under subsection 7b7 or has otherwise unduly delayed the process such that the ,administrator is unable to render a determination within the applicable review period4 7ii7 ,a failure of the ,administrator to render a decision shall not be deemed to constitute a withdrawal of the notice4 7iii7 ,nothing in this paragraph shall be construed as relieving the ,administrator or the submitter of the notice from any requirement of this section4 7#e7 ,article consideration ,the ,administrator may require notification under this section for the import or processing of a chemical substance as part of an article or category of articles under paragraph 7#a77;,a77ii7 if the ,administrator makes an affirmative finding in a rule under paragraph 7#b7 that the reasonable potential for exposure to the chemical substance through the article or category of articles subject to the rule justifies notification4 2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,test ,data and inserting ,information2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking test data and inserting information2 and 7,,ii7 by striking such data and inserting such information2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking test data and inserting information2 7,,ii7 by striking subsection 7a77#a77;,a7 and inserting subsection 7a77#a77;,a77i72 and 7,,iii7 by striking subsection 7a77#a77;,b7 and inserting subsection 7a77#a77;,a77ii72 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking test data in clause 7ii7 and inserting information2 7,,ii7 by striking shall and inserting may2 and 7,,iii7 by striking data prescribed and inserting information prescribed2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking ,data and inserting ,information2 7,,ii7 by striking data both places it appears and inserting information2 7,,iii7 by striking show and inserting shows2 7,,iv7 by striking subsection 7a77#a77;,a7 in clause 7i7 and inserting subsection 7a77#a77;,a77i72 and 7,v7 by striking subsection 7a77#a77;,b7 in clause 7ii7 and inserting subsection 7a77#a77;,a77ii72 7,d7 in paragraph 7#c7-- 7i7 by striking ,data and inserting ,information2 and 7ii7 by striking paragraph 7#a7 or 7#b7 and inserting paragraph 7#a7 or 7#b7 of this subsection or under subsection 7e72 and 7,e7 in paragraph 7#d7-- 7i7 in subparagraph 7,a77i71 by inserting 1 without consideration of costs or other nonrisk factors after health or the environment2 and 7ii7 in subparagraph 7,c71 by striking 1 except that and all that follows through subparagraph 7,a72 7#c7 in subsection 7c7-- 7,a7 in the subsection heading1 by striking ,notice and inserting ,review2 and 7,b7 by striking before which and all that follows through subsection may begin2 7#d7 in subsection 7d7-- 7,a7 by striking test data in paragraph 7#a77;,b7 and inserting information2 7,b7 by striking data each place it appears in paragraph 7#a77;,c7 and paragraph 7#b7 and inserting information2 7,c7 in paragraph 7#b77;,b71 by striking uses or intended uses of such substance and inserting uses of such substance identified in the notice2 and 7,d7 in paragraph 7#c7-- 7i7 by striking for which the notification period prescribed by subsection 7a71 7b71 or 7c7 and inserting for which the applicable review period2 and 7ii7 by striking such notification period and inserting such period2 7#e7 in subsection 7e7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in clause 7i71 by striking 2 and and inserting 2 or2 7ii7 in clause 7ii77,i71 by inserting without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed subpopulation identified as relevant by the ,administrator under the conditions of use2 after health or the environment12 and 7iii7 in the matter after clause 7ii77,,ii7-- 7,i7 by striking may issue a proposed order and inserting shall issue an order2 7,,ii7 by striking notification period applicable to the manufacturing or processing of such substance under subsection 7a71 7b71 7c7 and inserting applicable review period2 and 7,,iii7 by inserting to the extent necessary to protect against an unreasonable risk of injury to health or the environment1 without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the ,administrator under the conditions of use1 and the submitter of the notice may commence manufacture of the chemical substance1 or manufacture or processing of the chemical substance for a significant new use1 including while any required information is being developed1 only in compliance with the order before the period at the end2 7,b7 in paragraph 7#a77;,b7-- 7i7 by striking ,a proposed order and inserting ,an order2 7ii7 by striking notification period applicable to the manufacture or processing of such substance under subsection 7a71 7b71 7c7 and inserting applicable review period2 and 7iii7 by striking of the proposed order and inserting of the order2 7,c7 by striking paragraph 7#a77;,c72 and 7,d7 by striking paragraph 7#b72 7#f7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by striking finds that there is a reasonable basis to conclude that the manufacture1 processing1 distribution in commerce1 use1 or disposal of a chemical substance with and inserting determines that a chemical substance or significant new use with2 7ii7 by striking 1 or that any combination of such activities12 7iii7 by striking or will present2 7iv7 by striking before a rule promulgated under section #f can protect against such risk1 and inserting 1 without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed subpopulation identified as relevant by the ,administrator under the conditions of use12 and 7v7 by striking notification period applicable under subsection 7a71 7b71 or 7c7 to the manufacturing or processing of such substance and inserting applicable review period2 7,b7 in paragraph 7#b71 the matter following subparagraph 7,c71 by striking ,section #f7;d77#b77;,b7 and inserting ,section #f7;d77#c77;,b72 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking ,administrator may and all that follows through issue a proposed order to prohibit the and inserting ,administrator may issue an order to prohibit or limit the2 and 7,,ii7 by striking under paragraph 7#a7 and all that follows through processing of such substance4 and inserting under paragraph 7#a74 ,such order shall take effect on the expiration of the applicable review period42 7ii7 by striking subparagraph 7,b7 and redesignating subparagraph 7,c7 as subparagraph 7,b72 7iii7 in subparagraph 7,b71 as so redesignated-- 7,i7 by striking subparagraphs 7,b7 and 7,c7 and inserting subparagraph 7,b72 7,,ii7 by striking clause 7i7 of2 and 7,,iii7 by striking 2 and the provisions of subparagraph 7,c7 of subsection 7e77#b7 shall apply with respect to an injunction issued under subparagraph 7,b72 and 7iv7 by striking subparagraph 7,d72 and 7,d7 by adding at the end the following3 7#d7 ,treatment of nonconforming uses ,not later than #ij days after taking an action under paragraph 7#b7 or 7#c7 or issuing an order under subsection 7e7 relating to a chemical substance with respect to which the ,administrator has made a determination under subsection 7a77#c77;,a7 or 7,b71 the ,administrator shall consider whether to promulgate a rule pursuant to subsection 7a77#b7 that identifies as a significant new use any manufacturing1 processing1 use1 distribution in commerce1 or disposal of the chemical substance that does not conform to the restrictions imposed by the action or order1 and1 as applicable1 initiate such a rulemaking or publish a statement describing the reasons of the ,administrator for not initiating such a rulemaking4 7#e7 ,workplace exposures ,to the extent practicable1 the ,administrator shall consult with the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health prior to adopting any prohibition or other restriction relating to a chemical substance with respect to which the ,administrator has made a determination under subsection 7a77#c77;,a7 or 7,b7 to address workplace exposures4 2 7#g7 by amending subsection 7g7 to read as follows3 7g7 ,statement on administrator finding ,if the ,administrator finds in accordance with subsection 7a77#c77;,c7 that a chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment1 then notwithstanding any remaining portion of the applicable review period1 the submitter of the notice may commence manufacture of the chemical substance or manufacture or processing for the significant new use1 and the ,administrator shall make public a statement of the ,administrator's finding4 ,such a statement shall be submitted for publication in the ,federal ,register as soon as is practicable before the expiration of such period4 ,publication of such statement in accordance with the preceding sentence is not a prerequisite to the manufacturing or processing of the substance with respect to which the statement is to be published4 2 7#h7 in subsection 7h7-- 7,a7 in paragraph 7#a77;,a71 by inserting 1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified by the ,administrator for the specific conditions of use identified in the application after health or the environment2 7,b7 in paragraph 7#b71 by striking data each place it appears and inserting information2 and 7,c7 in paragraph 7#d71 by striking 4 ,a rule promulgated and all that follows through section #f7;c7 and inserting 1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified by the ,administrator under the conditions of use2 and 7#i7 by amending subsection 7i7 to read as follows3 7i7 ,definitions 7#a7 ,for purposes of this section1 the terms manufacture and process mean manufacturing or processing for commercial purposes4 7#b7 ,for purposes of this ,act1 the term requirement as used in this section shall not displace any statutory or common law4 7#c7 ,for purposes of this section1 the term applicable review period means the period starting on the date the ,administrator receives a notice under subsection 7a77#a7 and ending #ij days after that date1 or on such date as is provided for in subsection 7b77#a7 or 7c74 4 #f4 ,prioritization1 risk evaluation1 and regulation of chemical substances and mixtures ,section #f of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7 is amended-- 7#a7 by striking the section heading and inserting ,prioritization1 risk evaluation1 and regulation of chemical substances and mixtures2 7#b7 in subsection 7a7-- 7,a7 by striking finds that there is a reasonable basis to conclude and inserting determines in accordance with subsection 7b77#d77;,a72 7,b7 by striking or will present2 7,c7 by inserting and subject to section #ah1 and in accordance with subsection 7c77#b71 after shall by rule2 7,d7 by striking to protect adequately against such risk using the least burdensome requirements and inserting so that the chemical substance or mixture no longer presents such risk2 7,e7 by inserting or otherwise restricting after prohibiting in paragraphs 7#a77;,a7 and 7#b77;,a72 7,f7 by inserting minimum before warnings both places it appears in paragraph 7#c72 7,g7 by striking and monitor or conduct tests and inserting or monitor or conduct tests in paragraph 7#d72 and 7,h7 in paragraph 7#g7-- 7i7 by striking such unreasonable risk of injury and inserting such determination2 and 7ii7 by striking such risk of injury and inserting such determination2 7#c7 by amending subsection 7b7 to read as follows3 7b7 ,risk evaluations 7#a7 ,prioritization for risk evaluations 7,a7 ,establishment of process ,not later than #a year after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall establish1 by rule1 a risk-based screening process1 including criteria for designating chemical substances as high-priority substances for risk evaluations or low-priority substances for which risk evaluations are not warranted at the time4 ,the process to designate the priority of chemical substances shall include a consideration of the hazard and exposure potential of a chemical substance or a category of chemical substances 7including consideration of persistence and bioaccumulation1 potentially exposed or susceptible subpopulations and storage near significant sources of drinking water71 the conditions of use or significant changes in the conditions of use of the chemical substance1 and the volume or significant changes in the volume of the chemical substance manufactured or processed4 7,b7 ,identification of priorities for risk evaluation 7i7 ,high-priority substances ,the ,administrator shall designate as a high-priority substance a chemical substance that the ,administrator concludes1 without consideration of costs or other nonrisk factors1 may present an unreasonable risk of injury to health or the environment because of a potential hazard and a potential route of exposure under the conditions of use1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the ,administrator4 7ii7 ,low-priority substances ,the ,administrator shall designate a chemical substance as a low-priority substance if the ,administrator concludes1 based on information sufficient to establish1 without consideration of costs or other nonrisk factors1 that such substance does not meet the standard identified in clause 7i7 for designating a chemical substance a high-priority substance4 7,c7 ,information request and review and proposed and final prioritization designation ,the rulemaking required in subparagraph 7,a7 shall ensure that the time required to make a priority designation of a chemical substance be no shorter than nine months and no longer than #a year1 and that the process for such designations includes-- 7i7 a requirement that the ,administrator request interested persons to submit relevant information on a chemical substance that the ,administrator has initiated the prioritization process on1 before proposing a priority designation for the chemical substance1 and provide #ij days for such information to be provided2 7ii7 a requirement that the ,administrator publish each proposed designation of a chemical substance as a high- or low-priority substance1 along with an identification of the information1 analysis1 and basis used to make the proposed designations1 and provide #ij days for public comment on each such proposed designation2 and 7iii7 a process by which the ,administrator may extend the deadline in clause 7i7 for up to three months in order to receive or evaluate information required to be submitted in accordance with section #d7;a77#b77;,b71 subject to the limitation that if the information available to the ,administrator at the end of such an extension remains insufficient to enable the designation of the chemical substance as a low-priority substance1 the ,administrator shall designate the chemical substance as a high-priority substance4 7#b7 ,initial risk evaluations and subsequent designations of high- and low-priority substances 7,a7 ,initial risk evaluations ,not later than #ahj days after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall ensure that risk evaluations are being conducted on #aj chemical substances drawn from the #bjad update of the ,,tsca ,work ,plan for ,chemical ,assessments and shall publish the list of such chemical substances during the #ahj day period4 7,b7 ,additional risk evaluations ,not later than three and one half years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall ensure that risk evaluations are being conducted on at least #bj high-priority substances and that at least #bj chemical substances have been designated as low-priority substances1 subject to the limitation that at least #ej percent of all chemical substances on which risk evaluations are being conducted by the ,administrator are drawn from the #bjad update of the ,,tsca ,work ,plan for ,chemical ,assessments4 7,c7 ,continuing designations and risk evaluations ,the ,administrator shall continue to designate priority substances and conduct risk evaluations in accordance with this subsection at a pace consistent with the ability of the ,administrator to complete risk evaluations in accordance with the deadlines under paragraph 7#d77;,g74 7,d7 ,preference ,in designating high-priority substances1 the ,administrator shall give preference to-- 7i7 chemical substances that are listed in the #bjad update of the ,,tsca ,work ,plan for ,chemical ,assessments as having a ,persistence and ,bioaccumulation ,score of #c2 and 7ii7 chemical substances that are listed in the #bjad update of the ,,tsca ,work ,plan for ,chemical ,assessments that are known human carcinogens and have high acute and chronic toxicity4 7,e7 ,metals and metal compounds ,in identifying priorities for risk evaluation and conducting risk evaluations of metals and metal compounds1 the ,administrator shall use the ,framework for ,metals ,risk ,assessment of the ,office of the ,science ,advisor1 ,risk ,assessment ,forum1 and dated ,march #bjjg1 or a successor document that addresses metals risk assessment and is peer reviewed by the ,science ,advisory ,board4 7#c7 ,initiation of risk evaluations2 designations 7,a7 ,risk evaluation initiation ,upon designating a chemical substance as a high-priority substance1 the ,administrator shall initiate a risk evaluation on the substance4 7,b7 ,revision ,the ,administrator may revise the designation of a low-priority substance based on information made available to the ,administrator4 7,c7 ,ongoing designations ,the ,administrator shall designate at least one high-priority substance upon the completion of each risk evaluation 7other than risk evaluations for chemical substances designated under paragraph 7#d77;,c77ii774 7#d7 ,risk evaluation process and deadlines 7,a7 ,in general ,the ,administrator shall conduct risk evaluations pursuant to this paragraph to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment1 without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant to the risk evaluation by the ,administrator1 under the conditions of use4 7,b7 ,establishment of process ,not later than #a year after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall establish1 by rule1 a process to conduct risk evaluations in accordance with subparagraph 7,a74 7,c7 ,requirement ,the ,administrator shall conduct and publish risk evaluations1 in accordance with the rule promulgated under subparagraph 7,b71 for a chemical substance-- 7i7 that has been identified under paragraph 7#b77;,a7 or designated under paragraph 7#a77;,b77i72 and 7ii7 subject to subparagraph 7,e71 that a manufacturer of the chemical substance has requested1 in a form and manner and using the criteria prescribed by the ,administrator in the rule promulgated under subparagraph 7,b71 be subjected to a risk evaluation4 7,d7 ,scope ,the ,administrator shall1 not later than #f months after the initiation of a risk evaluation1 publish the scope of the risk evaluation to be conducted1 including the hazards1 exposures1 conditions of use1 and the potentially exposed or susceptible subpopulations the ,administrator expects to consider1 and1 for each designation of a high-priority substance1 ensure not less than #ab months between the initiation of the prioritization process for the chemical substance and the publication of the scope of the risk evaluation for the chemical substance1 and for risk evaluations conducted on chemical substances that have been identified under paragraph 7#b77;,a7 or selected under subparagraph 7,e77iv77,,ii7 of this paragraph1 ensure not less than #c months before the ,administrator publishes the scope of the risk evaluation4 7,e7 ,limitation and criteria 7i7 ,percentage requirements ,the ,administrator shall ensure that1 of the number of chemical substances that undergo a risk evaluation under clause 7i7 of subparagraph 7,c71 the number of chemical substances undergoing a risk evaluation under clause 7ii7 of subparagraph 7,c7 is-- 7,i7 not less than #be percent1 if sufficient requests are made under clause 7ii7 of subparagraph 7,c72 and 7,,ii7 not more than #ej percent4 7ii7 ,requested risk evaluations ,requests for risk evaluations under subparagraph 7,c77ii7 shall be subject to the payment of fees pursuant to section #bf7;b71 and the ,administrator shall not expedite or otherwise provide special treatment to such risk evaluations4 7iii7 ,preference ,in deciding whether to grant requests under subparagraph 7,c77ii71 the ,administrator shall give preference to requests for risk evaluations on chemical substances for which the ,administrator determines that restrictions imposed by #a or more ,states have the potential to have a significant impact on interstate commerce or health or the environment4 7iv7 ,exceptions 7,i7 ,chemical substances for which requests have been granted under subparagraph 7,c77ii7 shall not be subject to section #ah7;b74 7,,ii7 ,requests for risk evaluations on chemical substances which are made under subparagraph 7,c77ii7 and that are drawn from the #bjad update of the ,,tsca ,work ,plan for ,chemical ,assessments shall be granted at the discretion of the ,administrator and not be subject to clause 7i77,,ii74 7,f7 ,requirements ,in conducting a risk evaluation under this subsection1 the ,administrator shall-- 7i7 integrate and assess available information on hazards and exposures for the conditions of use of the chemical substance1 including information that is relevant to specific risks of injury to health or the environment and information on potentially exposed or susceptible subpopulations identified as relevant by the ,administrator2 7ii7 describe whether aggregate or sentinel exposures to a chemical substance under the conditions of use were considered1 and the basis for that consideration2 7iii7 not consider costs or other nonrisk factors2 7iv7 take into account1 where relevant1 the likely duration1 intensity1 frequency1 and number of exposures under the conditions of use of the chemical substance2 and 7v7 describe the weight of the scientific evidence for the identified hazard and exposure4 7,g7 ,deadlines ,the ,administrator-- 7i7 shall complete a risk evaluation for a chemical substance as soon as practicable1 but not later than #c years after the date on which the ,administrator initiates the risk evaluation under subparagraph 7,c72 and 7ii7 may extend the deadline for a risk evaluation for not more than #f months4 7,h7 ,notice and comment ,the ,administrator shall provide no less than #cj days public notice and an opportunity for comment on a draft risk evaluation prior to publishing a final risk evaluation4 2 7#d7 by amending subsection 7c7 to read as follows3 7c7 ,promulgation of subsection 7a7 rules 7#a7 ,deadlines ,if the ,administrator determines that a chemical substance presents an unreasonable risk of injury to health or the environment in accordance with subsection 7b77#d77;,a71 the ,administrator-- 7,a7 shall propose in the ,federal ,register a rule under subsection 7a7 for the chemical substance not later than #a year after the date on which the final risk evaluation regarding the chemical substance is published2 7,b7 shall publish in the ,federal ,register a final rule not later than #b years after the date on which the final risk evaluation regarding the chemical substance is published2 and 7,c7 may extend the deadlines under this paragraph for not more than #b years1 subject to the condition that the aggregate length of extensions under this subparagraph and subsection 7b77#d77;,g77ii7 does not exceed #b years1 and subject to the limitation that the ,administrator may not extend a deadline for the publication of a proposed or final rule regarding a chemical substance drawn from the #bjad update of the ,,tsca ,work ,plan for ,chemical ,assessments or a chemical substance that1 with respect to persistence and bioaccumulation1 scores high for #a and either high or moderate for the other1 pursuant to the ,,tsca ,work ,plan ,chemicals ,methods ,document published by the ,administrator in ,february #bjab 7or a successor scoring system71 without adequate public justification that demonstrates1 following a review of the information reasonably available to the ,administrator1 that the ,administrator cannot complete the proposed or final rule without additional information regarding the chemical substance4 7#b7 ,requirements for rule 7,a7 ,statement of effects ,in proposing and promulgating a rule under subsection 7a7 with respect to a chemical substance or mixture1 the ,administrator shall consider and publish a statement based on reasonably available information with respect to-- 7i7 the effects of the chemical substance or mixture on health and the magnitude of the exposure of human beings to the chemical substance or mixture2 7ii7 the effects of the chemical substance or mixture on the environment and the magnitude of the exposure of the environment to such substance or mixture2 7iii7 the benefits of the chemical substance or mixture for various uses2 and 7iv7 the reasonably ascertainable economic consequences of the rule1 including consideration of-- 7,i7 the likely effect of the rule on the national economy1 small business1 technological innovation1 the environment1 and public health2 7,,ii7 the costs and benefits of the proposed and final regulatory action and of the #a or more primary alternative regulatory actions considered by the ,administrator2 and 7,,iii7 the cost effectiveness of the proposed regulatory action and of the #a or more primary alternative regulatory actions considered by the ,administrator4 7,b7 ,selecting requirements ,in selecting among prohibitions and other restrictions1 the ,administrator shall factor in1 to the extent practicable1 the considerations under subparagraph 7,a7 in accordance with subsection 7a74 7,c7 ,consideration of alternatives ,based on the information published under subparagraph 7,a71 in deciding whether to prohibit or restrict in a manner that substantially prevents a specific condition of use of a chemical substance or mixture1 and in setting an appropriate transition period for such action1 the ,administrator shall consider1 to the extent practicable1 whether technically and economically feasible alternatives that benefit health or the environment1 compared to the use so proposed to be prohibited or restricted1 will be reasonably available as a substitute when the proposed prohibition or other restriction takes effect4 7,d7 ,replacement parts 7i7 ,in general ,the ,administrator shall exempt replacement parts for complex durable goods and complex consumer goods that are designed prior to the date of publication in the ,federal ,register of the rule under subsection 7a71 unless the ,administrator finds that such replacement parts contribute significantly to the risk1 identified in a risk evaluation conducted under subsection 7b77#d77;,a71 to the general population or to an identified potentially exposed or susceptible subpopulation4 7ii7 ,definitions ,in this subparagraph-- 7,i7 the term complex consumer goods means electronic or mechanical devices composed of multiple manufactured components1 with an intended useful life of #c or more years1 where the product is typically not consumed1 destroyed1 or discarded after a single use1 and the components of which would be impracticable to redesign or replace2 and 7,,ii7 the term complex durable goods means manufactured goods composed of #ajj or more manufactured components1 with an intended useful life of #e or more years1 where the product is typically not consumed1 destroyed1 or discarded after a single use4 7,e7 ,articles ,in selecting among prohibitions and other restrictions1 the ,administrator shall apply such prohibitions or other restrictions to an article or category of articles containing the chemical substance or mixture only to the extent necessary to address the identified risks from exposure to the chemical substance or mixture from the article or category of articles so that the substance or mixture does not present an unreasonable risk of injury to health or the environment identified in the risk evaluation conducted in accordance with subsection 7b77#d77;,a74 7#c7 ,procedures ,when prescribing a rule under subsection 7a7 the ,administrator shall proceed in accordance with section #eec of title #e1 ,united ,states ,code 7without regard to any reference in such section to sections #eef and #eeg of such title71 and shall also-- 7,a7 publish a notice of proposed rulemaking stating with particularity the reason for the proposed rule2 7,b7 allow interested persons to submit written data1 views1 and arguments1 and make all such submissions publicly available2 7,c7 promulgate a final rule based on the matter in the rulemaking record2 and 7,d7 make and publish with the rule the determination described in subsection 7a74 2 7#e7 in subsection 7d7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,in any rule under subsection 7a71 the ,administrator shall-- 7,a7 specify the date on which it shall take effect1 which date shall be as soon as practicable2 7,b7 except as provided in subparagraphs 7,c7 and 7,d71 specify mandatory compliance dates for all of the requirements under a rule under subsection 7a71 which shall be as soon as practicable1 but not later than #e years after the date of promulgation of the rule1 except in a case of a use exempted under subsection 7g72 7,c7 specify mandatory compliance dates for the start of ban or phase-out requirements under a rule under subsection 7a71 which shall be as soon as practicable1 but not later than #e years after the date of promulgation of the rule1 except in the case of a use exempted under subsection 7g72 7,d7 specify mandatory compliance dates for full implementation of ban or phase-out requirements under a rule under subsection 7a71 which shall be as soon as practicable2 and 7,e7 provide for a reasonable transition period4 7#b7 ,variability ,as determined by the ,administrator1 the compliance dates established under paragraph 7#a7 may vary for different affected persons4 2 and 7,c7 in paragraph 7#c71 as so redesignated by subparagraph 7,a7 of this paragraph-- 7i7 in subparagraph 7,a7-- 7,i7 by striking upon its publication and all that follows through respecting such rule if and inserting 1 and compliance with the proposed requirements to be mandatory1 upon publication in the ,federal ,register of the proposed rule and until the compliance dates applicable to such requirements in a final rule promulgated under section #f7;a7 or until the ,administrator revokes such proposed rule1 in accordance with subparagraph 7,b71 if2 and 7,,ii7 in clause 7i77,i71 by inserting without consideration of costs or other non-risk factors after effective date2 and 7ii7 in subparagraph 7,b71 by striking 1 provide reasonable opportunity and all that follows through the period at the end and inserting in accordance with subsection 7c71 and either promulgate such rule 7as proposed or with modifications7 or revoke it42 7#f7 in subsection 7e77#d71 by striking paragraphs 7#b71 7#c71 and 7#d7 and inserting paragraph 7#c72 and 7#g7 by adding at the end the following new subsections3 7g7 ,exemptions 7#a7 ,criteria for exemption ,the ,administrator may1 as part of a rule promulgated under subsection 7a71 or in a separate rule1 grant an exemption from a requirement of a subsection 7a7 rule for a specific condition of use of a chemical substance or mixture1 if the ,administrator finds that-- 7,a7 the specific condition of use is a critical or essential use for which no technically and economically feasible safer alternative is available1 taking into consideration hazard and exposure2 7,b7 compliance with the requirement1 as applied with respect to the specific condition of use1 would significantly disrupt the national economy1 national security1 or critical infrastructure2 or 7,c7 the specific condition of use of the chemical substance or mixture1 as compared to reasonably available alternatives1 provides a substantial benefit to health1 the environment1 or public safety4 7#b7 ,exemption analysis and statement ,in proposing an exemption under this subsection1 the ,administrator shall analyze the need for the exemption1 and shall make public the analysis and a statement describing how the analysis was taken into account4 7#c7 ,period of exemption ,the ,administrator shall establish1 as part of a rule under this subsection1 a time limit on any exemption for a time to be determined by the ,administrator as reasonable on a case-by-case basis1 and1 by rule1 may extend1 modify1 or eliminate an exemption if the ,administrator determines1 on the basis of reasonably available information and after adequate public justification1 the exemption warrants extension or modification or is no longer necessary4 7#d7 ,conditions ,as part of a rule promulgated under this subsection1 the ,administrator shall include conditions1 including reasonable recordkeeping1 monitoring1 and reporting requirements1 to the extent that the ,administrator determines the conditions are necessary to protect health and the environment while achieving the purposes of the exemption4 7h7 ,chemicals that are persistent1 bioaccumulative1 and toxic 7#a7 ,expedited action ,not later than #c years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall propose rules under subsection 7a7 with respect to chemical substances identified in the #bjad update of the ,,tsca ,work ,plan for ,chemical ,assessments-- 7,a7 that the ,administrator has a reasonable basis to conclude are toxic and that with respect to persistence and bioaccumulation score high for one and either high or moderate for the other1 pursuant to the ,,tsca ,work ,plan ,chemicals ,methods ,document published by the ,administrator in ,february #bjab 7or a successor scoring system71 and are not a metal or a metal compound1 and for which the ,administrator has not completed a ,work ,plan ,problem ,formulation1 initiated a review under section #e1 or entered into a consent agreement under section #d1 prior to the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act2 and 7,b7 exposure to which under the conditions of use is likely to the general population or to a potentially exposed or susceptible subpopulation identified by the ,administrator1 or the environment1 on the basis of an exposure and use assessment conducted by the ,administrator4 7#b7 ,no risk evaluation required ,the ,administrator shall not be required to conduct risk evaluations on chemical substances that are subject to paragraph 7#a74 7#c7 ,final rule ,not later than #ah months after proposing a rule pursuant to paragraph 7#a71 the ,administrator shall promulgate a final rule under subsection 7a74 7#d7 ,selecting restrictions ,in selecting among prohibitions and other restrictions promulgated in a rule under subsection 7a7 pursuant to paragraph 7#a71 the ,administrator shall address the risks of injury to health or the environment that the ,administrator determines are presented by the chemical substance and shall reduce exposure to the substance to the extent practicable4 7#e7 ,relationship to subsection 7b7 ,if1 at any time prior to the date that is #ij days after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator makes a designation under subsection 7b77#a77;,b77i71 or receives a request under subsection 7b77#d77;,c77ii71 such chemical substance shall not be subject to this subsection1 except that in selecting among prohibitions and other restrictions promulgated in a rule pursuant to subsection 7a71 the ,administrator shall both ensure that the chemical substance meets the rulemaking standard under subsection 7a7 and reduce exposure to the substance to the extent practicable4 7i7 ,final agency action ,under this section and subject to section #ah-- 7#a7 a determination by the ,administrator under subsection 7b77#d77;,a7 that a chemical substance does not present an unreasonable risk of injury to health or the environment shall be issued by order and considered to be a final agency action1 effective beginning on the date of issuance of the order2 and 7#b7 a final rule promulgated under subsection 7a71 including the associated determination by the ,administrator under subsection 7b77#d77;,a7 that a chemical substance presents an unreasonable risk of injury to health or the environment1 shall be considered to be a final agency action1 effective beginning on the date of promulgation of the final rule4 7j7 ,definition ,for the purposes of this ,act1 the term requirement as used in this section shall not displace statutory or common law4 4 #g4 ,imminent hazards ,section #g of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjf7 is amended-- 7#a7 in subsection 7b77#a71 by inserting 7as identified by the ,administrator without consideration of costs or other nonrisk factors7 after from the unreasonable risk2 and 7#b7 in subsection 7f71 by inserting 1 without consideration of costs or other nonrisk factors after widespread injury to health or the environment4 #h4 ,reporting and retention of information 7a7 ,in general ,section #h of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking the matter that follows subparagraph 7,g72 7,b7 in paragraph 7#c71 by adding at the end the following3 7,c7 ,not later than #ahj days after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 and not less frequently than once every #aj years thereafter1 the ,administrator1 after consultation with the ,administrator of the ,small ,business ,administration1 shall-- 7i7 review the adequacy of the standards prescribed under subparagraph 7,b72 and 7ii7 after providing public notice and an opportunity for comment1 make a determination as to whether revision of the standards is warranted4 2 and 7,c7 by adding at the end the following3 7#d7 ,contents ,the rules promulgated pursuant to paragraph 7#a7-- 7,a7 may impose differing reporting and recordkeeping requirements on manufacturers and processors2 and 7,b7 shall include the level of detail necessary to be reported1 including the manner by which use and exposure information may be reported4 7#e7 ,administration ,in carrying out this section1 the ,administrator shall1 to the extent feasible-- 7,a7 not require reporting which is unnecessary or duplicative2 7,b7 minimize the cost of compliance with this section and the rules issued thereunder on small manufacturers and processors2 and 7,c7 apply any reporting obligations to those persons likely to have information relevant to the effective implementation of this title4 7#f7 ,negotiated rulemaking 7,a7 ,the ,administrator shall enter into a negotiated rulemaking pursuant to subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code1 to develop and publish1 not later than #c years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 a proposed rule providing for limiting the reporting requirements1 under this subsection1 for manufacturers of any inorganic byproducts1 when such byproducts1 whether by the byproduct manufacturer or by any other person1 are subsequently recycled1 reused1 or reprocessed4 7,b7 ,not later than #c and one-half years after such date of enactment1 the ,administrator shall publish a final rule resulting from such negotiated rulemaking4 2 and 7#b7 in subsection 7b71 by adding at the end the following3 7#c7 ,nomenclature 7,a7 ,in general ,in carrying out paragraph 7#a71 the ,administrator shall-- 7i7 maintain the use of ,class #b nomenclature in use on the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act2 7ii7 maintain the use of the ,soap and ,detergent ,association ,nomenclature ,system1 published in ,march #aigh by the ,administrator in section #a of addendum ,,iii of the document entitled ,candidate ,list of ,chemical ,substances1 and further described in the appendix ,a of volume ,i of the #aihe edition of the ,toxic ,substances ,control ,act ,substances ,inventory 7,,epa ,document ,no4 ,,epa-#efj_/g-he-jjb;a72 and 7iii7 treat the individual members of the categories of chemical substances identified by the ,administrator as statutory mixtures1 as defined in ,inventory descriptions established by the ,administrator1 as being included on the list established under paragraph 7#a74 7,b7 ,multiple nomenclature listings ,if a manufacturer or processor demonstrates to the ,administrator that a chemical substance appears multiple times on the list published under paragraph 7#a7 under different ,,cas numbers1 the ,administrator may recognize the multiple listings as a single chemical substance4 7#d7 ,chemical substances in commerce 7,a7 ,rules 7i7 ,in general ,not later than #a year after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator1 by rule1 shall require manufacturers1 and may require processors1 subject to the limitations under subsection 7a77#e77;,a71 to notify the ,administrator1 by not later than #ahj days after the date on which the final rule is published in the ,federal ,register1 of each chemical substance on the list published under paragraph 7#a7 that the manufacturer or processor1 as applicable1 has manufactured or processed for a nonexempt commercial purpose during the #aj-year period ending on the day before the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act4 7ii7 ,active substances ,the ,administrator shall designate chemical substances for which notices are received under clause 7i7 to be active substances on the list published under paragraph 7#a74 7iii7 ,inactive substances ,the ,administrator shall designate chemical substances for which no notices are received under clause 7i7 to be inactive substances on the list published under paragraph 7#a74 7iv7 ,limitation ,no chemical substance on the list published under paragraph 7#a7 shall be removed from such list by reason of the implementation of this subparagraph1 or be subject to section #e7;a77#a77;,a77i7 by reason of a change to active status under paragraph 7#e77;,b74 7,b7 ,confidential chemical substances ,in promulgating a rule under subparagraph 7,a71 the ,administrator shall-- 7i7 maintain the list under paragraph 7#a71 which shall include a confidential portion and a nonconfidential portion consistent with this section and section #ad2 7ii7 require any manufacturer or processor of a chemical substance on the confidential portion of the list published under paragraph 7#a7 that seeks to maintain an existing claim for protection against disclosure of the specific chemical identity of the chemical substance as confidential pursuant to section #ad to submit a notice under subparagraph 7,a7 that includes such request2 7iii7 require the substantiation of those claims pursuant to section #ad and in accordance with the review plan described in subparagraph 7,c72 and 7iv7 move any active chemical substance for which no request was received to maintain an existing claim for protection against disclosure of the specific chemical identity of the chemical substance as confidential from the confidential portion of the list published under paragraph 7#a7 to the nonconfidential portion of that list4 7,c7 ,review plan ,not later than #a year after the date on which the ,administrator compiles the initial list of active substances pursuant to subparagraph 7,a71 the ,administrator shall promulgate a rule that establishes a plan to review all claims to protect the specific chemical identities of chemical substances on the confidential portion of the list published under paragraph 7#a7 that are asserted pursuant to subparagraph 7,b74 7,d7 ,requirements of review plan ,in establishing the review plan under subparagraph 7,c71 the ,administrator shall-- 7i7 require1 at a time specified by the ,administrator1 all manufacturers or processors asserting claims under subparagraph 7,b7 to substantiate the claim1 in accordance with section #ad1 unless the manufacturer or processor has substantiated the claim in a submission made to the ,administrator during the #e-year period ending on the last day of the of the time period specified by the ,administrator2 and 7ii7 in accordance with section #ad-- 7,i7 review each substantiation-- 7aa7 submitted pursuant to clause 7i7 to determine if the claim qualifies for protection from disclosure2 and 7bb7 submitted previously by a manufacturer or processor and relied on in lieu of the substantiation required pursuant to clause 7i71 if the substantiation has not been previously reviewed by the ,administrator1 to determine if the claim warrants protection from disclosure2 7,,ii7 approve1 approve in part and deny in part1 or deny each claim2 and 7,,iii7 except as provided in this section and section #ad1 protect from disclosure information for which the ,administrator approves such a claim for a period of #aj years1 unless1 prior to the expiration of the period-- 7aa7 the person notifies the ,administrator that the person is withdrawing the claim1 in which case the ,administrator shall not protect the information from disclosure2 or 7bb7 the ,administrator otherwise becomes aware that the information does not qualify for protection from disclosure1 in which case the ,administrator shall take the actions described in section #ad7;g77#b74 7,e7 ,timeline for completion of reviews 7i7 ,in general ,the ,administrator shall implement the review plan so as to complete reviews of all claims specified in subparagraph 7,c7 not later than #e years after the date on which the ,administrator compiles the initial list of active substances pursuant to subparagraph 7,a74 7ii7 ,considerations 7,i7 ,in general ,the ,administrator may extend the deadline for completion of the reviews for not more than #b additional years1 after an adequate public justification1 if the ,administrator determines that the extension is necessary based on the number of claims needing review and the available resources4 7,,ii7 ,annual review goal and results ,at the beginning of each year1 the ,administrator shall publish an annual goal for reviews and the number of reviews completed in the prior year4 7#e7 ,active and inactive substances 7,a7 ,in general ,the ,administrator shall keep designations of active substances and inactive substances on the list published under paragraph 7#a7 current4 7,b7 ,change to active status 7i7 ,in general ,any person that intends to manufacture or process for a nonexempt commercial purpose a chemical substance that is designated as an inactive substance shall notify the ,administrator before the date on which the inactive substance is manufactured or processed4 7ii7 ,confidential chemical identity ,if a person submitting a notice under clause 7i7 for an inactive substance on the confidential portion of the list published under paragraph 7#a7 seeks to maintain an existing claim for protection against disclosure of the specific chemical identity of the inactive substance as confidential1 the person shall1 consistent with the requirements of section #ad-- 7,i7 in the notice submitted under clause 7i71 assert the claim2 and 7,,ii7 by not later than #cj days after providing the notice under clause 7i71 substantiate the claim4 7iii7 ,active status ,on receiving a notification under clause 7i71 the ,administrator shall-- 7,i7 designate the applicable chemical substance as an active substance2 7,,ii7 pursuant to section #ad1 promptly review any claim and associated substantiation submitted pursuant to clause 7ii7 for protection against disclosure of the specific chemical identity of the chemical substance and approve1 approve in part and deny in part1 or deny the claim2 7,,iii7 except as provided in this section and section #ad1 protect from disclosure the specific chemical identity of the chemical substance for which the ,administrator approves a claim under subclause 7,,ii7 for a period of #aj years1 unless1 prior to the expiration of the period-- 7aa7 the person notifies the ,administrator that the person is withdrawing the claim1 in which case the ,administrator shall not protect the information from disclosure2 or 7bb7 the ,administrator otherwise becomes aware that the information does not qualify for protection from disclosure1 in which case the ,administrator shall take the actions described in section #ad7;g77#b72 and 7,,iv7 pursuant to section #f7;b71 review the priority of the chemical substance as the ,administrator determines to be necessary4 7,c7 ,category status ,the list of inactive substances shall not be considered to be a category for purposes of section #bf7;c74 7#f7 ,interim list of active substances ,prior to the promulgation of the rule required under paragraph 7#d77;,a71 the ,administrator shall designate the chemical substances reported under part #gaa of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act71 during the reporting period that most closely preceded the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 as the interim list of active substances for the purposes of section #f7;b74 7#g7 ,public information ,subject to this subsection and section #ad1 the ,administrator shall make available to the public-- 7,a7 each specific chemical identity on the nonconfidential portion of the list published under paragraph 7#a7 along with the ,administrator's designation of the chemical substance as an active or inactive substance2 7,b7 the unique identifier assigned under section #ad1 accession number1 generic name1 and1 if applicable1 premanufacture notice case number for each chemical substance on the confidential portion of the list published under paragraph 7#a7 for which a claim of confidentiality was received2 and 7,c7 the specific chemical identity of any active substance for which-- 7i7 a claim for protection against disclosure of the specific chemical identity of the active substance was not asserted1 as required under this subsection or section #ad2 7ii7 all claims for protection against disclosure of the specific chemical identity of the active substance have been denied by the ,administrator2 or 7iii7 the time period for protection against disclosure of the specific chemical identity of the active substance has expired4 7#h7 ,limitation ,no person may assert a new claim under this subsection or section #ad for protection from disclosure of a specific chemical identity of any active or inactive substance for which a notice is received under paragraph 7#d77;,a77i7 or 7#e77;,b77i7 that is not on the confidential portion of the list published under paragraph 7#a74 7#i7 ,certification ,under the rules promulgated under this subsection1 manufacturers and processors1 as applicable1 shall be required-- 7,a7 to certify that each notice or substantiation the manufacturer or processor submits complies with the requirements of the rule1 and that any confidentiality claims are true and correct2 and 7,b7 to retain a record documenting compliance with the rule and supporting confidentiality claims for a period of #e years beginning on the last day of the submission period4 4 7b7 ,mercury inventory ,section #h7;b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7;b77 7as amended by subsection 7a77 is further amended by adding at the end the following3 7#aj7 ,mercury 7,a7 ,definition of mercury ,in this paragraph1 notwithstanding section #c7b77;,b71 the term mercury means-- 7i7 elemental mercury2 and 7ii7 a mercury compound4 7,b7 ,publication ,not later than ,april #a1 #bjag1 and every #c years thereafter1 the ,administrator shall carry out and publish in the ,federal ,register an inventory of mercury supply1 use1 and trade in the ,united ,states4 7,c7 ,process ,in carrying out the inventory under subparagraph 7,b71 the ,administrator shall-- 7i7 identify any manufacturing processes or products that intentionally add mercury2 and 7ii7 recommend actions1 including proposed revisions of ,federal law or regulations1 to achieve further reductions in mercury use4 7,d7 ,reporting 7i7 ,in general ,to assist in the preparation of the inventory under subparagraph 7,b71 any person who manufactures mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing process shall make periodic reports to the ,administrator1 at such time and including such information as the ,administrator shall determine by rule promulgated not later than #b years after the date of enactment of this paragraph4 7ii7 ,coordination ,to avoid duplication1 the ,administrator shall coordinate the reporting under this subparagraph with the ,interstate ,mercury ,education and ,reduction ,clearinghouse4 7iii7 ,exemption ,clause 7i7 shall not apply to a person engaged in the generation1 handling1 or management of mercury-containing waste1 unless that person manufactures or recovers mercury in the management of that waste4 4 #i4 ,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 in paragraph 7#a7-- 7i7 by striking has reasonable basis to conclude and inserting determines2 7ii7 by striking or will present2 and 7iii7 by inserting 1 without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the ,administrator1 under the conditions of use1 after or the environment2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting 1 within the time period specified by the ,administrator in the report1 after issues an order2 and 7ii7 in subparagraph 7,b71 by inserting responds within the time period specified by the ,administrator in the report and before initiates1 within #ij2 7,c7 by redesignating paragraph 7#c7 as paragraph 7#f72 and 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 ,the ,administrator shall take the actions described in paragraph 7#d7 if the ,administrator makes a report under paragraph 7#a7 with respect to a chemical substance or mixture and the agency to which the report was made does not-- 7,a7 issue the order described in paragraph 7#b77;,a7 within the time period specified by the ,administrator in the report2 or 7,b7 7i7 respond under paragraph 7#a7 within the timeframe specified by the ,administrator in the report2 and 7ii7 initiate action within #ij days of publication in the ,federal ,register of the response described in clause 7i74 7#d7 ,if an agency to which a report is submitted under paragraph 7#a7 does not take the actions described in subparagraph 7,a7 or 7,b7 of paragraph 7#c71 the ,administrator shall-- 7,a7 initiate or complete appropriate action under section #f2 or 7,b7 take any action authorized or required under section #g1 as applicable4 7#e7 ,this subsection shall not relieve the ,administrator of any obligation to take any appropriate action under section #f7;a7 or #g to address risks from the manufacture1 processing1 distribution in commerce1 use1 or disposal of a chemical substance or mixture1 or any combination of those activities1 that are not identified in a report issued by the ,administrator under paragraph 7#a74 2 7#b7 in subsection 7b7-- 7,a7 by striking ,the ,administrator shall coordinate and inserting 7#a7 ,the ,administrator shall coordinate2 and 7,b7 by adding at the end the following3 7#b7 ,in making a determination under paragraph 7#a7 that it is in the public interest for the ,administrator to take an action under this title with respect to a chemical substance or mixture rather than under another law administered in whole or in part by the ,administrator1 the ,administrator shall consider1 based on information reasonably available to the ,administrator1 all relevant aspects of the risk described in paragraph 7#a7 and a comparison of the estimated costs and efficiencies of the action to be taken under this title and an action to be taken under such other law to protect against such risk4 2 and 7#c7 by adding at the end the following3 7e7 ,exposure information ,in addition to the requirements of subsection 7a71 if the ,administrator obtains information related to exposures or releases of a chemical substance or mixture that may be prevented or reduced under another ,federal law1 including a law not administered by the ,administrator1 the ,administrator shall make such information available to the relevant ,federal agency or office of the ,environmental ,protection ,agency4 4 #aj4 ,exports 7a7 ,in general ,section #ab7;a77#b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfaa7;a77#b77 is amended by striking will present and inserting presents4 7b7 ,prohibition on export of certain mercury compounds ,section #ab7;c7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfaa7;c77 is amended-- 7#a7 in the subsection heading1 by inserting and ,mercury ,compounds after ,mercury2 and 7#b7 by adding at the end the following3 7#g7 ,prohibition on export of certain mercury compounds 7,a7 ,in general ,effective ,january #a1 #bjbj1 the export of the following mercury compounds is prohibited3 7i7 ,mercury 7,i7 chloride or calomel4 7ii7 ,mercury 7,,ii7 oxide4 7iii7 ,mercury 7,,ii7 sulfate4 7iv7 ,mercury 7,,ii7 nitrate4 7v7 ,cinnabar or mercury sulphide4 7vi7 ,any mercury compound that the ,administrator adds to the list published under subparagraph 7,b7 by rule1 on determining that exporting that mercury compound for the purpose of regenerating elemental mercury is technically feasible4 7,b7 ,publication ,not later than #ij days after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 and as appropriate thereafter1 the ,administrator shall publish in the ,federal ,register a list of the mercury compounds that are prohibited from export under this paragraph4 7,c7 ,petition ,any person may petition the ,administrator to add a mercury compound to the list published under subparagraph 7,b74 7,d7 ,environmentally sound disposal ,this paragraph does not prohibit the export of mercury compounds on the list published under subparagraph 7,b7 to member countries of the ,organization for ,economic ,co-operation and ,development for environmentally sound disposal1 on the condition that no mercury or mercury compounds so exported are to be recovered1 recycled1 or reclaimed for use1 or directly reused1 after such export4 7,e7 ,report ,not later than #e years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall evaluate any exports of mercury compounds on the list published under subparagraph 7,b7 for disposal that occurred after such date of enactment and shall submit to ,congress a report that-- 7i7 describes volumes and sources of mercury compounds on the list published under subparagraph 7,b7 exported for disposal2 7ii7 identifies receiving countries of such exports2 7iii7 describes methods of disposal used after such export2 7iv7 identifies issues1 if any1 presented by the export of mercury compounds on the list published under subparagraph 7,b72 7v7 includes an evaluation of management options in the ,united ,states for mercury compounds on the list published under subparagraph 7,b71 if any1 that are commercially available and comparable in cost and efficacy to methods being utilized in such receiving countries2 and 7vi7 makes a recommendation regarding whether ,congress should further limit or prohibit the export of mercury compounds on the list published under subparagraph 7,b7 for disposal4 7,f7 ,effect on other law ,nothing in this paragraph shall be construed to affect the authority of the ,administrator under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 4 7c7 ,temporary generator accumulation ,section #e of the ,mercury ,export ,ban ,act of #bjjh 7#db ,u4,s4,c4 #fici;f7 is amended-- 7#a7 in subsection 7a77#b71 by striking #bjac and inserting #bjai2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,a71 7,b71 and 7,c71 as clauses 7i71 7ii71 and 7iii71 respectively and indenting appropriately2 7ii7 in the first sentence1 by striking ,after consultation and inserting the following3 7,a7 ,assessment and collection ,after consultation 2 7iii7 in the second sentence1 by striking ,the amount of such fees and inserting the following3 7,b7 ,amount ,the amount of the fees described in subparagraph 7,a7 2 7iv7 in subparagraph 7,b7 7as so designated7-- 7,i7 in clause 7i7 7as so redesignated71 by striking publically available not later than ,october #a1 #bjab and inserting publicly available not later than ,october #a1 #bjah2 7,,ii7 in clause 7ii7 7as so redesignated71 by striking and2 7,,iii7 in clause 7iii7 7as so redesignated71 by striking the period at the end and inserting 1 subject to clause 7iv72 and2 and 7,,iv7 by adding at the end the following3 7iv7 for generators temporarily accumulating elemental mercury in a facility subject to subparagraphs 7,b7 and 7,d77iv7 of subsection 7g77#b7 if the facility designated in subsection 7a7 is not operational by ,january #a1 #bjai1 shall be adjusted to subtract the cost of the temporary accumulation during the period in which the facility designated under subsection 7a7 is not operational4 2 and 7v7 by adding at the end the following3 7,c7 ,conveyance of title and permitting ,if the facility designated in subsection 7a7 is not operational by ,january #a1 #bjbj1 the ,secretary-- 7i7 shall immediately accept the conveyance of title to all elemental mercury that has accumulated in facilities in accordance with subsection 7g77#b77;,d71 before ,january #a1 #bjbj1 and deliver the accumulated mercury to the facility designated under subsection 7a7 on the date on which the facility becomes operational2 7ii7 shall pay any applicable ,federal permitting costs1 including the costs for permits issued under section #cjje7;c7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fibe7;c772 and 7iii7 shall store1 or pay the cost of storage of1 until the time at which a facility designated in subsection 7a7 is operational1 accumulated mercury to which the ,secretary has title under this subparagraph in a facility that has been issued a permit under section #cjje7;c7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fibe7;c774 2 and 7,b7 in paragraph 7#b71 in the first sentence1 by striking paragraph 7#a77;,c7 and inserting paragraph 7#a77;,b77iii72 and 7#c7 in subsection 7g77#b7-- 7,a7 in the undesignated material at the end1 by striking ,this subparagraph and inserting the following3 7,c7 ,subparagraph 7,b7 2 7,b7 in subparagraph 7,c7 7as designated by subparagraph 7,a771 by inserting of that subparagraph before the period at the end2 and 7,c7 by adding at the end the following3 7,d7 ,a generator producing elemental mercury incidentally from the beneficiation or processing of ore or related pollution control activities may accumulate the mercury produced onsite that is destined for a facility designated by the ,secretary under subsection 7a7 for more than #ij days without a permit issued under section #cjje7;c7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fibe7;c771 and shall not be subject to the storage prohibition of section #cjjd7;j7 of that ,act 7#db ,u4,s4,c4 #fibd7;j771 if-- 7i7 the ,secretary is unable to accept the mercury at a facility designated by the ,secretary under subsection 7a7 for reasons beyond the control of the generator2 7ii7 the generator certifies in writing to the ,secretary that the generator will ship the mercury to a designated facility when the ,secretary is able to accept the mercury2 7iii7 the generator certifies in writing to the ,secretary that the generator is storing only mercury the generator has produced or recovered onsite and will not sell1 or otherwise place into commerce1 the mercury2 and 7iv7 the generator has obtained an identification number under section #bfb4ab of title #dj1 ,code of ,federal ,regulations1 and complies with the requirements described in paragraphs 7#a7 through 7#d7 of section #bfb4cd7;a7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subparagraph74 7,e7 ,management standards for temporary storage ,not later than ,january #a1 #bjag1 the ,secretary1 after consultation with the ,administrator of the ,environmental ,protection ,agency and ,state agencies in affected ,states1 shall develop and make available guidance that establishes procedures and standards for the management and short-term storage of elemental mercury at a generator covered under subparagraph 7,d71 including requirements to ensure appropriate use of flasks or other suitable containers4 ,such procedures and standards shall be protective of health and the environment and shall ensure that the elemental mercury is stored in a safe1 secure1 and effective manner4 ,a generator may accumulate mercury in accordance with subparagraph 7,d7 immediately upon enactment of this subparagraph1 and notwithstanding that guidance called for by this paragraph has not been developed or made available4 4 7d7 ,interim status ,section #e7;d77#a7 of the ,mercury ,export ,ban ,act of #bjjh 7#db ,u4,s4,c4 #fici;f7d77#a77 is amended-- 7#a7 in the fourth sentence1 by striking in existence on or before ,january #a1 #bjac12 and 7#b7 in the last sentence1 by striking ,january #a1 #bjae and inserting ,january #a1 #bjbj4 #aa4 ,confidential information ,section #ad of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfac7 is amended to read as follows3 #ad4 ,confidential information 7a7 ,in general ,except as provided in this section1 the ,administrator shall not disclose information that is exempt from disclosure pursuant to subsection 7a7 of section #eeb of title #e1 ,united ,states ,code1 by reason of subsection 7b77#d7 of that section-- 7#a7 that is reported to1 or otherwise obtained by1 the ,administrator under this ,act2 and 7#b7 for which the requirements of subsection 7c7 are met4 ,in any proceeding under section #eeb7;a7 of title #e1 ,united ,states ,code1 to obtain information the disclosure of which has been denied because of the provisions of this subsection1 the ,administrator may not rely on section #eeb7;b77#c7 of such title to sustain the ,administrator's action4 7b7 ,information not protected from disclosure 7#a7 ,mixed confidential and nonconfidential information ,information that is protected from disclosure under this section1 and which is mixed with information that is not protected from disclosure under this section1 does not lose its protection from disclosure notwithstanding that it is mixed with information that is not protected from disclosure4 7#b7 ,information from health and safety studies ,subsection 7a7 does not prohibit the disclosure of-- 7,a7 any health and safety study which is submitted under this ,act with respect to-- 7i7 any chemical substance or mixture which1 on the date on which such study is to be disclosed has been offered for commercial distribution2 or 7ii7 any chemical substance or mixture for which testing is required under section #d or for which notification is required under section #e2 and 7,b7 any information reported to1 or otherwise obtained by1 the ,administrator from a health and safety study which relates to a chemical substance or mixture described in clause 7i7 or 7ii7 of subparagraph 7,a74 ,this paragraph does not authorize the disclosure of any information1 including formulas 7including molecular structures7 of a chemical substance or mixture1 that discloses processes used in the manufacturing or processing of a chemical substance or mixture or1 in the case of a mixture1 the portion of the mixture comprised by any of the chemical substances in the mixture4 7#c7 ,other information not protected from disclosure ,subsection 7a7 does not prohibit the disclosure of-- 7,a7 any general information describing the manufacturing volumes1 expressed as specific aggregated volumes or1 if the ,administrator determines that disclosure of specific aggregated volumes would reveal confidential information1 expressed in ranges2 or 7,b7 a general description of a process used in the manufacture or processing and industrial1 commercial1 or consumer functions and uses of a chemical substance1 mixture1 or article containing a chemical substance or mixture1 including information specific to an industry or industry sector that customarily would be shared with the general public or within an industry or industry sector4 7#d7 ,bans and phase-outs 7,a7 ,in general ,if the ,administrator promulgates a rule pursuant to section #f7;a7 that establishes a ban or phase-out of a chemical substance or mixture1 the protection from disclosure of any information under this section with respect to the chemical substance or mixture shall be presumed to no longer apply1 subject to subsection 7g77#a77;,e7 and subparagraphs 7,b7 and 7,c7 of this paragraph4 7,b7 ,limitations 7i7 ,critical use ,in the case of a chemical substance or mixture for which a specific condition of use is subject to an exemption pursuant to section #f7;g71 if the ,administrator establishes a ban or phase-out described in subparagraph 7,a7 with respect to the chemical substance or mixture1 the presumption against protection under such subparagraph shall only apply to information that relates solely to any conditions of use of the chemical substance or mixture to which the exemption does not apply4 7ii7 ,export ,in the case of a chemical substance or mixture for which there is manufacture1 processing1 or distribution in commerce that meets the conditions of section #ab7;a77#a71 if the ,administrator establishes a ban or phase-out described in subparagraph 7,a7 with respect to the chemical substance or mixture1 the presumption against protection under such subparagraph shall only apply to information that relates solely to any other manufacture1 processing1 or distribution in commerce of the chemical substance or mixture for the conditions of use subject to the ban or phase-out1 unless the ,administrator makes the determination in section #ab7;a77#b74 7iii7 ,specific conditions of use ,in the case of a chemical substance or mixture for which the ,administrator establishes a ban or phase-out described in subparagraph 7,a7 with respect to a specific condition of use of the chemical substance or mixture1 the presumption against protection under such subparagraph shall only apply to information that relates solely to the condition of use of the chemical substance or mixture for which the ban or phase-out is established4 7,c7 ,request for nondisclosure 7i7 ,in general ,a manufacturer or processor of a chemical substance or mixture subject to a ban or phase-out described in this paragraph may submit to the ,administrator1 within #cj days of receiving a notification under subsection 7g77#b77;,a71 a request1 including documentation supporting such request1 that some or all of the information to which the notice applies should not be disclosed or that its disclosure should be delayed1 and the ,administrator shall review the request under subsection 7g77#a77;,e74 7ii7 ,effect of no request or denial ,if no request for nondisclosure or delay is submitted to the ,administrator under this subparagraph1 or the ,administrator denies such a request under subsection 7g77#a77;,a71 the information shall not be protected from disclosure under this section4 7#e7 ,certain requests ,if a request is made to the ,administrator under section #eeb7;a7 of title #e1 ,united ,states ,code1 for information reported to or otherwise obtained by the ,administrator under this ,act that is not protected from disclosure under this subsection1 the ,administrator may not deny the request on the basis of section #eeb7;b77#d7 of title #e1 ,united ,states ,code4 7c7 ,requirements for confidentiality claims 7#a7 ,assertion of claims 7,a7 ,in general ,a person seeking to protect from disclosure any information that person submits under this ,act 7including information described in paragraph 7#b77 shall assert to the ,administrator a claim for protection from disclosure concurrent with submission of the information1 in accordance with such rules regarding a claim for protection from disclosure as the ,administrator has promulgated or may promulgate pursuant to this title4 7,b7 ,inclusion ,an assertion of a claim under subparagraph 7,a7 shall include a statement that the person has-- 7i7 taken reasonable measures to protect the confidentiality of the information2 7ii7 determined that the information is not required to be disclosed or otherwise made available to the public under any other ,federal law2 7iii7 a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of the person2 and 7iv7 a reasonable basis to believe that the information is not readily discoverable through reverse engineering4 7,c7 ,additional requirements for claims regarding chemical identity information ,in the case of a claim under subparagraph 7,a7 for protection from disclosure of a specific chemical identity1 the claim shall include a structurally descriptive generic name for the chemical substance that the ,administrator may disclose to the public1 subject to the condition that such generic name shall-- 7i7 be consistent with guidance developed by the ,administrator under paragraph 7#d77;,a72 and 7ii7 describe the chemical structure of the chemical substance as specifically as practicable while protecting those features of the chemical structure-- 7,i7 that are claimed as confidential2 and 7,,ii7 the disclosure of which would be likely to cause substantial harm to the competitive position of the person4 7#b7 ,information generally not subject to substantiation requirements ,subject to subsection 7f71 the following information shall not be subject to substantiation requirements under paragraph 7#c73 7,a7 ,specific information describing the processes used in manufacture or processing of a chemical substance1 mixture1 or article4 7,b7 ,marketing and sales information4 7,c7 ,information identifying a supplier or customer4 7,d7 ,in the case of a mixture1 details of the full composition of the mixture and the respective percentages of constituents4 7,e7 ,specific information regarding the use1 function1 or application of a chemical substance or mixture in a process1 mixture1 or article4 7,f7 ,specific production or import volumes of the manufacturer or processor4 7,g7 ,prior to the date on which a chemical substance is first offered for commercial distribution1 the specific chemical identity of the chemical substance1 including the chemical name1 molecular formula1 ,chemical ,abstracts ,service number1 and other information that would identify the specific chemical substance1 if the specific chemical identity was claimed as confidential at the time it was submitted in a notice under section #e4 7#c7 ,substantiation requirements ,except as provided in paragraph 7#b71 a person asserting a claim to protect information from disclosure under this section shall substantiate the claim1 in accordance with such rules as the ,administrator has promulgated or may promulgate pursuant to this section4 7#d7 ,guidance ,the ,administrator shall develop guidance regarding-- 7,a7 the determination of structurally descriptive generic names1 in the case of claims for the protection from disclosure of specific chemical identity2 and 7,b7 the content and form of the statements of need and agreements required under paragraphs 7#d71 7#e71 and 7#f7 of subsection 7d74 7#e7 ,certification ,an authorized official of a person described in paragraph 7#a77;,a7 shall certify that the statement required to assert a claim submitted pursuant to paragraph 7#a77;,b71 and any information required to substantiate a claim submitted pursuant to paragraph 7#c71 are true and correct4 7d7 ,exceptions to protection from disclosure ,information described in subsection 7a7-- 7#a7 shall be disclosed to an officer or employee of the ,united ,states-- 7,a7 in connection with the official duties of that person under any ,federal law for the protection of health or the environment2 or 7,b7 for a specific ,federal law enforcement purpose2 7#b7 shall be disclosed to a contractor of the ,united ,states and employees of that contractor-- 7,a7 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 for the performance of work in connection with this ,act2 and 7,b7 subject to such conditions as the ,administrator may specify2 7#c7 shall be disclosed if the ,administrator determines that disclosure is necessary to protect health or the environment against an unreasonable risk of injury to health or the environment1 without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the ,administrator under the conditions of use2 7#d7 shall be disclosed to a ,state1 political subdivision of a ,state1 or tribal government1 on written request1 for the purpose of administration or enforcement of a law1 if such entity has #a or more applicable agreements with the ,administrator that are consistent with the guidance developed under subsection 7c77#d77;,b7 and ensure that the entity will take appropriate measures1 and has adequate authority1 to maintain the confidentiality of the information in accordance with procedures comparable to the procedures used by the ,administrator to safeguard the information2 7#e7 shall be disclosed to a health or environmental professional employed by a ,federal or ,state agency or tribal government or a treating physician or nurse in a nonemergency situation if such person provides a written statement of need and agrees to sign a written confidentiality agreement with the ,administrator1 subject to the conditions that-- 7,a7 the statement of need and confidentiality agreement are consistent with the guidance developed under subsection 7c77#d77;,b72 7,b7 the statement of need shall be a statement that the person has a reasonable basis to suspect that-- 7i7 the information is necessary for1 or will assist in-- 7,i7 the diagnosis or treatment of #a or more individuals2 or 7,,ii7 responding to an environmental release or exposure2 and 7ii7 #a or more individuals being diagnosed or treated have been exposed to the chemical substance or mixture concerned1 or an environmental release of or exposure to the chemical substance or mixture concerned has occurred2 and 7,c7 the person will not use the information for any purpose other than the health or environmental needs asserted in the statement of need1 except as otherwise may be authorized by the terms of the agreement or by the person who has a claim under this section with respect to the information2 7#f7 shall be disclosed in the event of an emergency to a treating or responding physician1 nurse1 agent of a poison control center1 public health or environmental official of a ,state1 political subdivision of a ,state1 or tribal government1 or first responder 7including any individual duly authorized by a ,federal agency1 ,state1 political subdivision of a ,state1 or tribal government who is trained in urgent medical care or other emergency procedures1 including a police officer1 firefighter1 or emergency medical technician7 if such person requests the information1 subject to the conditions that such person shall-- 7,a7 have a reasonable basis to suspect that-- 7i7 a medical1 public health1 or environmental emergency exists2 7ii7 the information is necessary for1 or will assist in1 emergency or first-aid diagnosis or treatment2 or 7iii7 #a or more individuals being diagnosed or treated have likely been exposed to the chemical substance or mixture concerned1 or a serious environmental release of or exposure to the chemical substance or mixture concerned has occurred2 and 7,b7 if requested by a person who has a claim with respect to the information under this section-- 7i7 provide a written statement of need and agree to sign a confidentiality agreement1 as described in paragraph 7#e72 and 7ii7 submit to the ,administrator such statement of need and confidentiality agreement as soon as practicable1 but not necessarily before the information is disclosed2 7#g7 may be disclosed if the ,administrator determines that disclosure is relevant in a proceeding under this ,act1 subject to the condition that the disclosure is made in such a manner as to preserve confidentiality to the extent practicable without impairing the proceeding2 7#h7 shall be disclosed if the information is required to be made public under any other provision of ,federal law2 and 7#i7 shall be disclosed as required pursuant to discovery1 subpoena1 other court order1 or any other judicial process otherwise allowed under applicable ,federal or ,state law4 7e7 ,duration of protection from disclosure 7#a7 ,in general ,subject to paragraph 7#b71 subsection 7f77#c71 and section #h7;b71 the ,administrator shall protect from disclosure information described in subsection 7a7-- 7,a7 in the case of information described in subsection 7c77#b71 until such time as-- 7i7 the person that asserted the claim notifies the ,administrator that the person is withdrawing the claim1 in which case the information shall not be protected from disclosure under this section2 or 7ii7 the ,administrator becomes aware that the information does not qualify for protection from disclosure under this section1 in which case the ,administrator shall take any actions required under subsections 7f7 and 7g72 and 7,b7 in the case of information other than information described in subsection 7c77#b7-- 7i7 for a period of #aj years from the date on which the person asserts the claim with respect to the information submitted to the ,administrator2 or 7ii7 if applicable before the expiration of such #aj-year period1 until such time as-- 7,i7 the person that asserted the claim notifies the ,administrator that the person is withdrawing the claim1 in which case the information shall not be protected from disclosure under this section2 or 7,,ii7 the ,administrator becomes aware that the information does not qualify for protection from disclosure under this section1 in which case the ,administrator shall take any actions required under subsections 7f7 and 7g74 7#b7 ,extensions 7,a7 ,in general ,in the case of information other than information described in subsection 7c77#b71 not later than the date that is #fj days before the expiration of the period described in paragraph 7#a77;,b77i71 the ,administrator shall provide to the person that asserted the claim a notice of the impending expiration of the period4 7,b7 ,request 7i7 ,in general ,not later than the date that is #cj days before the expiration of the period described in paragraph 7#a77;,b77i71 a person reasserting the relevant claim shall submit to the ,administrator a request for extension substantiating1 in accordance with subsection 7c77#c71 the need to extend the period4 7ii7 ,action by ,administrator ,not later than the date of expiration of the period described in paragraph 7#a77;,b77i71 the ,administrator shall1 in accordance with subsection 7g77#a7-- 7,i7 review the request submitted under clause 7i72 7,,ii7 make a determination regarding whether the claim for which the request was submitted continues to meet the relevant requirements of this section2 and 7,,iii7 7aa7 grant an extension of #aj years2 or 7bb7 deny the request4 7,c7 ,no limit on number of extensions ,there shall be no limit on the number of extensions granted under this paragraph1 if the ,administrator determines that the relevant request under subparagraph 7,b77i7-- 7i7 establishes the need to extend the period2 and 7ii7 meets the requirements established by the ,administrator4 7f7 ,review and resubstantiation 7#a7 ,discretion of ,administrator ,the ,administrator may require any person that has claimed protection for information from disclosure under this section1 whether before1 on1 or after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 to reassert and substantiate or resubstantiate the claim in accordance with this section-- 7,a7 after the chemical substance is designated as a high-priority substance under section #f7;b72 7,b7 for any chemical substance designated as an active substance under section #h7;b77#e77;,b77iii72 or 7,c7 if the ,administrator determines that disclosure of certain information currently protected from disclosure would be important to assist the ,administrator in conducting risk evaluations or promulgating rules under section #f4 7#b7 ,review required ,the ,administrator shall review a claim for protection of information from disclosure under this section and require any person that has claimed protection for that information1 whether before1 on1 or after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 to reassert and substantiate or resubstantiate the claim in accordance with this section-- 7,a7 as necessary to determine whether the information qualifies for an exemption from disclosure in connection with a request for information received by the ,administrator under section #eeb of title #e1 ,united ,states ,code2 7,b7 if the ,administrator has a reasonable basis to believe that the information does not qualify for protection from disclosure under this section2 or 7,c7 for any chemical substance the ,administrator determines under section #f7;b77#d77;,a7 presents an unreasonable risk of injury to health or the environment4 7#c7 ,period of protection ,if the ,administrator requires a person to reassert and substantiate or resubstantiate a claim under this subsection1 and determines that the claim continues to meet the relevant requirements of this section1 the ,administrator shall protect the information subject to the claim from disclosure for a period of #aj years from the date of such determination1 subject to any subsequent requirement by the ,administrator under this subsection4 7g7 ,duties of ,administrator 7#a7 ,determination 7,a7 ,in general ,except for claims regarding information described in subsection 7c77#b71 the ,administrator shall1 subject to subparagraph 7,c71 not later than #ij days after the receipt of a claim under subsection 7c71 and not later than #cj days after the receipt of a request for extension of a claim under subsection 7e7 or a request under subsection 7b77#d77;,c71 review and approve1 approve in part and deny in part1 or deny the claim or request4 7,b7 ,reasons for denial ,if the ,administrator denies or denies in part a claim or request under subparagraph 7,a7 the ,administrator shall provide to the person that asserted the claim or submitted the request a written statement of the reasons for the denial or denial in part of the claim or request4 7,c7 ,subsets ,the ,administrator shall-- 7i7 except with respect to information described in subsection 7c77#b77;,g71 review all claims or requests under this section for the protection from disclosure of the specific chemical identity of a chemical substance2 and 7ii7 review a representative subset1 comprising at least #be percent1 of all other claims or requests for protection from disclosure under this section4 7,d7 ,effect of failure to act ,the failure of the ,administrator to make a decision regarding a claim or request for protection from disclosure or extension under this section shall not have the effect of denying or eliminating a claim or request for protection from disclosure4 7,e7 ,determination of requests under subsection 7b77#d77;,c7 ,with respect to a request submitted under subsection 7b77#d77;,c71 the ,administrator shall1 with the objective of ensuring that information relevant to the protection of health and the environment is disclosed to the extent practicable1 determine whether the documentation provided by the person rebuts what shall be the presumption of the ,administrator that the public interest in the disclosure of the information outweighs the public or proprietary interest in maintaining the protection for all or a portion of the information that the person has requested not be disclosed or for which disclosure be delayed4 7#b7 ,notification 7,a7 ,in general ,except as provided in subparagraph 7,b7 and subsections 7b71 7d71 and 7e71 if the ,administrator denies or denies in part a claim or request under paragraph 7#a71 concludes1 in accordance with this section1 that the information does not qualify for protection from disclosure1 intends to disclose information pursuant to subsection 7d71 or promulgates a rule under section #f7;a7 establishing a ban or phase-out with respect to a chemical substance or mixture1 the ,administrator shall notify1 in writing1 the person that asserted the claim or submitted the request of the intent of the ,administrator to disclose the information or not protect the information from disclosure under this section4 ,the notice shall be furnished by certified mail 7return receipt requested71 by personal delivery1 or by other means that allows verification of the fact and date of receipt4 7,b7 ,disclosure of information ,except as provided in subparagraph 7,c71 the ,administrator shall not disclose information under this subsection until the date that is #cj days after the date on which the person that asserted the claim or submitted the request receives notification under subparagraph 7,a74 7,c7 ,exceptions 7i7 ,fifteen day notification ,for information the ,administrator intends to disclose under subsections 7d77#c71 7d77#d71 7d77#e71 and 7j71 the ,administrator shall not disclose the information until the date that is #ae days after the date on which the person that asserted the claim or submitted the request receives notification under subparagraph 7,a71 except that1 with respect to information to be disclosed under subsection 7d77#c71 if the ,administrator determines that disclosure of the information is necessary to protect against an imminent and substantial harm to health or the environment1 no prior notification shall be necessary4 7ii7 ,notification as soon as practicable ,for information the ,administrator intends to disclose under paragraph 7#f7 of subsection 7d71 the ,administrator shall notify the person that submitted the information that the information has been disclosed as soon as practicable after disclosure of the information4 7iii7 ,no notification required ,notification shall not be required-- 7,i7 for the disclosure of information under paragraphs 7#a71 7#b71 7#g71 or 7#h7 of subsection 7d72 or 7,,ii7 for the disclosure of information for which-- 7aa7 the ,administrator has provided to the person that asserted the claim a notice under subsection 7e77#b77;,a72 and 7bb7 such person does not submit to the ,administrator a request under subsection 7e77#b77;,b7 on or before the deadline established in subsection 7e77#b77;,b77i74 7,d7 ,appeals 7i7 ,action to restrain disclosure ,if a person receives a notification under this paragraph and believes the information is protected from disclosure under this section1 before the date on which the information is to be disclosed pursuant to subparagraph 7,b7 or 7,c7 the person may bring an action to restrain disclosure of the information in-- 7,i7 the ,united ,states district court of the district in which the complainant resides or has the principal place of business2 or 7,,ii7 the ,united ,states ,district ,court for the ,district of ,columbia4 7ii7 ,no disclosure 7,i7 ,in general ,subject to subsection 7d71 the ,administrator shall not disclose information that is the subject of an appeal under this paragraph before the date on which the applicable court rules on an action under clause 7i74 7,,ii7 ,exception ,subclause 7,i7 shall not apply to disclosure of information described under subsections 7d77#d7 and 7j74 7#c7 ,request and notification system ,the ,administrator1 in consultation with the ,director of the ,centers for ,disease ,control and ,prevention1 shall develop a request and notification system that1 in a format and language that is readily accessible and understandable1 allows for expedient and swift access to information disclosed pursuant to paragraphs 7#e7 and 7#f7 of subsection 7d74 7#d7 ,unique identifier ,the ,administrator shall-- 7,a7 7i7 develop a system to assign a unique identifier to each specific chemical identity for which the ,administrator approves a request for protection from disclosure1 which shall not be either the specific chemical identity or a structurally descriptive generic term2 and 7ii7 apply that identifier consistently to all information relevant to the applicable chemical substance2 7,b7 annually publish and update a list of chemical substances1 referred to by their unique identifiers1 for which claims to protect the specific chemical identity from disclosure have been approved1 including the expiration date for each such claim2 7,c7 ensure that any nonconfidential information received by the ,administrator with respect to a chemical substance included on the list published under subparagraph 7,b7 while the specific chemical identity of the chemical substance is protected from disclosure under this section identifies the chemical substance using the unique identifier2 and 7,d7 for each claim for protection of a specific chemical identity that has been denied by the ,administrator or expired1 or that has been withdrawn by the person who asserted the claim1 and for which the ,administrator has used a unique identifier assigned under this paragraph to protect the specific chemical identity in information that the ,administrator has made public1 clearly link the specific chemical identity to the unique identifier in such information to the extent practicable4 7h7 ,criminal penalty for wrongful disclosure 7#a7 ,individuals subject to penalty 7,a7 ,in general ,subject to subparagraph 7,c7 and paragraph 7#b71 an individual described in subparagraph 7,b7 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #a year1 or both4 7,b7 ,description ,an individual referred to in subparagraph 7,a7 is an individual who-- 7i7 pursuant to this section1 obtained possession of1 or has access to1 information protected from disclosure under this section2 and 7ii7 knowing that the information is protected from disclosure under this section1 willfully discloses the information in any manner to any person not entitled to receive that information4 7,c7 ,exception ,this paragraph shall not apply to any medical professional 7including an emergency medical technician or other first responder7 who discloses any information obtained under paragraph 7#e7 or 7#f7 of subsection 7d7 to a patient treated by the medical professional1 or to a person authorized to make medical or health care decisions on behalf of such a patient1 as needed for the diagnosis or treatment of the patient4 7#b7 ,other laws ,section #aije of title #ah1 ,united ,states ,code1 shall not apply with respect to the publishing1 divulging1 disclosure1 or making known of1 or making available1 information reported to or otherwise obtained by the ,administrator under this ,act4 7i7 ,applicability 7#a7 ,in general ,except as otherwise provided in this section1 section #h1 or any other applicable ,federal law1 the ,administrator shall have no authority-- 7,a7 to require the substantiation or resubstantiation of a claim for the protection from disclosure of information reported to or otherwise obtained by the ,administrator under this ,act prior to the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act2 or 7,b7 to impose substantiation or resubstantiation requirements1 with respect to the protection of information described in subsection 7a71 under this ,act that are more extensive than those required under this section4 7#b7 ,actions prior to promulgation of rules ,nothing in this ,act prevents the ,administrator from reviewing1 requiring substantiation or resubstantiation of1 or approving1 approving in part1 or denying any claim for the protection from disclosure of information before the effective date of such rules applicable to those claims as the ,administrator may promulgate after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act4 7j7 ,access by ,congress ,notwithstanding any limitation contained in 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 upon written request of any duly authorized committee of the ,congress1 to such committee4 4 #ab4 ,penalties ,section #af of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfae7 is amended-- 7#a7 in subsection 7a77#a71 by striking #be1jjj and inserting #cg1ejj2 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 #be1jjj and inserting #ej1jjj2 and 7,c7 by adding at the end the following3 7#b7 ,imminent danger of death or serious bodily injury 7,a7 ,in general ,any person who knowingly and willfully violates any provision of section #ae or #dji1 and who knows at the time of the violation that the violation places an individual in imminent danger of death or serious bodily injury1 shall be subject on conviction to a fine of not more than #bej1jjj1 or imprisonment for not more than #ae years1 or both4 7,b7 ,organizations ,notwithstanding the penalties described in subparagraph 7,a71 an organization that commits a knowing violation described in subparagraph 7,a7 shall be subject on conviction to a fine of not more than #a1jjj1jjj for each violation4 7,c7 ,incorporation of corresponding provisions ,subparagraphs 7,b7 through 7,f7 of section #aac7;c77#e7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdac7;c77#e77;,b7-7,f77 shall apply to the prosecution of a violation under this paragraph4 4 #ac4 ,state-,federal relationship ,section #ah of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfag7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general 7#a7 ,establishment or enforcement ,except as otherwise provided in subsections 7c71 7d71 7e71 7f71 and 7g71 and subject to paragraph 7#b71 no ,state or political subdivision of a ,state may establish or continue to enforce any of the following3 7,a7 ,development of information ,a statute or administrative action to require the development of information about a chemical substance or category of chemical substances that is reasonably likely to produce the same information required under section #d1 #e1 or #f in-- 7i7 a rule promulgated by the ,administrator2 7ii7 a consent agreement entered into by the ,administrator2 or 7iii7 an order issued by the ,administrator4 7,b7 ,chemical substances found not to present an unreasonable risk or restricted ,a statute1 criminal penalty1 or administrative action to prohibit or otherwise restrict the manufacture1 processing1 or distribution in commerce or use of a chemical substance-- 7i7 for which the determination described in section #f7;i77#a7 is made1 consistent with the scope of the risk evaluation under section 7#f77;b77#d77;,d72 or 7ii7 for which a final rule is promulgated under section #f7;a71 after the effective date of the rule issued under section #f7;a7 for the chemical substance1 consistent with the scope of the risk evaluation under section 7#f77;b77#d77;,d74 7,c7 ,significant new use ,a statute or administrative action requiring the notification of a use of a chemical substance that the ,administrator has specified as a significant new use and for which the ,administrator has required notification pursuant to a rule promulgated under section #e4 7#b7 ,effective date of preemption ,under this subsection1 ,federal preemption of statutes and administrative actions applicable to specific chemical substances shall not occur until the effective date of the applicable action described in paragraph 7#a7 taken by the ,administrator4 2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,new statutes1 criminal penalties1 or administrative actions creating prohibitions or other restrictions 7#a7 ,in general ,except as provided in subsections 7c71 7d71 7e71 7f71 and 7g71 beginning on the date on which the ,administrator defines the scope of a risk evaluation for a chemical substance under section #f7;b77#d77;,d7 and ending on the date on which the deadline established pursuant to section #f7;b77#d77;,g7 for completion of the risk evaluation expires1 or on the date on which the ,administrator publishes the risk evaluation under section #f7;b77#d77;,c71 whichever is earlier1 no ,state or political subdivision of a ,state may establish a statute1 criminal penalty1 or administrative action prohibiting or otherwise restricting the manufacture1 processing1 distribution in commerce1 or use of such chemical substance that is a high-priority substance designated under section #f7;b77#a77;,b77i74 7#b7 ,effect of subsection ,this subsection does not restrict the authority of a ,state or political subdivision of a ,state to continue to enforce any statute enacted1 criminal penalty assessed1 or administrative action taken1 prior to the date on which the ,administrator defines and publishes the scope of a risk evaluation under section #f7;b77#d77;,d74 2 and 7#c7 by adding at the end the following3 7c7 ,scope of preemption ,federal preemption under subsections 7a7 and 7b7 of statutes1 criminal penalties1 and administrative actions applicable to specific chemical substances shall apply only to-- 7#a7 with respect to subsection 7a77#a77;,a71 the chemical substances or category of chemical substances subject to a rule1 order1 or consent agreement under section #d1 #e1 or #f2 7#b7 with respect to subsection 7b71 the hazards1 exposures1 risks1 and uses or conditions of use of such chemical substances included in the scope of the risk evaluation pursuant to section #f7;b77#d77;,d72 7#c7 with respect to subsection 7a77#a77;,b71 the hazards1 exposures1 risks1 and uses or conditions of use of such chemical substances included in any final action the ,administrator takes pursuant to section #f7;a7 or #f7;i77#a72 or 7#d7 with respect to subsection 7a77#a77;,c71 the uses of such chemical substances that the ,administrator has specified as significant new uses and for which the ,administrator has required notification pursuant to a rule promulgated under section #e4 7d7 ,exceptions 7#a7 ,no preemption of statutes and administrative actions 7,a7 ,in general ,nothing in this ,act1 nor any amendment made by the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 nor any rule1 standard of performance1 risk evaluation1 or scientific assessment implemented pursuant to this ,act1 shall affect the right of a ,state or a political subdivision of a ,state to adopt or enforce any rule1 standard of performance1 risk evaluation1 scientific assessment1 or any other protection for public health or the environment that-- 7i7 is adopted or authorized under the authority of any other ,federal law or adopted to satisfy or obtain authorization or approval under any other ,federal law2 7ii7 implements a reporting1 monitoring1 or other information obligation for the chemical substance not otherwise required by the ,administrator under this ,act or required under any other ,federal law2 7iii7 is adopted pursuant to authority under a law of the ,state or political subdivision of the ,state related to water quality1 air quality1 or waste treatment or disposal1 except to the extent that the action-- 7,i7 imposes a restriction on the manufacture1 processing1 distribution in commerce1 or use of a chemical substance2 and 7,,ii7 7aa7 addresses the same hazards and exposures1 with respect to the same conditions of use as are included in the scope of the risk evaluation published pursuant to section #f7;b77#d77;,d71 but is inconsistent with the action of the ,administrator2 or 7bb7 would cause a violation of the applicable action by the ,administrator under section #e or #f2 or 7iv7 subject to subparagraph 7,b71 is identical to a requirement prescribed by the ,administrator4 7,b7 ,identical requirements 7i7 ,in general ,the penalties and other sanctions applicable under a law of a ,state or political subdivision of a ,state in the event of noncompliance with the identical requirement shall be no more stringent than the penalties and other sanctions available to the ,administrator under section #af of this ,act4 7ii7 ,penalties ,in the case of an identical requirement-- 7,i7 a ,state or political subdivision of a ,state may not assess a penalty for a specific violation for which the ,administrator has assessed an adequate penalty under section #af2 and 7,,ii7 if a ,state or political subdivision of a ,state has assessed a penalty for a specific violation1 the ,administrator may not assess a penalty for that violation in an amount that would cause the total of the penalties assessed for the violation by the ,state or political subdivision of a ,state and the ,administrator combined to exceed the maximum amount that may be assessed for that violation by the ,administrator under section #af4 7#b7 ,applicability to certain rules or orders 7,a7 ,prior rules and orders ,nothing in this section shall be construed as modifying the preemptive effect under this section1 as in effect on the day before the effective date of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 of any rule or order promulgated or issued under this ,act prior to that effective date4 7,b7 ,certain chemical substances and mixtures ,with respect to a chemical substance or mixture for which any rule or order was promulgated or issued under section #f prior to the effective date of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act with respect to manufacturing1 processing1 distribution in commerce1 use1 or disposal of the chemical substance or mixture1 nothing in this section shall be construed as modifying the preemptive effect of this section as in effect prior to the enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act of any rule or order that is promulgated or issued with respect to such chemical substance or mixture under section #f after that effective date1 unless the latter rule or order is with respect to a chemical substance or mixture containing a chemical substance and follows a designation of that chemical substance as a high-priority substance under section #f7;b77#a77;,b77i71 the identification of that chemical substance under section #f7;b77#b77;,a71 or the selection of that chemical substance for risk evaluation under section #f7;b77#d77;,e77iv77,,ii74 7e7 ,preservation of certain laws 7#a7 ,in general ,nothing in this ,act1 subject to subsection 7g7 of this section1 shall-- 7,a7 be construed to preempt or otherwise affect the authority of a ,state or political subdivision of a ,state to continue to enforce any action taken or requirement imposed or requirement enacted relating to a specific chemical substance before ,april #bb1 #bjaf1 under the authority of a law of the ,state or political subdivision of the ,state that prohibits or otherwise restricts manufacturing1 processing1 distribution in commerce1 use1 or disposal of a chemical substance2 or 7,b7 be construed to preempt or otherwise affect any action taken pursuant to a ,state law that was in effect on ,august #ca1 #bjjc4 7#b7 ,effect of subsection ,this subsection does not affect1 modify1 or alter the relationship between ,federal law and laws of a ,state or political subdivision of a ,state pursuant to any other ,federal law4 7f7 ,waivers 7#a7 ,discretionary exemptions ,upon application of a ,state or political subdivision of a ,state1 the ,administrator may1 by rule1 exempt from subsection 7a71 under such conditions as may be prescribed in the rule1 a statute1 criminal penalty1 or administrative action of that ,state or political subdivision of the ,state that relates to the effects of exposure to a chemical substance under the conditions of use if the ,administrator determines that-- 7,a7 compelling conditions warrant granting the waiver to protect health or the environment2 7,b7 compliance with the proposed requirement of the ,state or political subdivision of the ,state would not unduly burden interstate commerce in the manufacture1 processing1 distribution in commerce1 or use of a chemical substance2 7,c7 compliance with the proposed requirement of the ,state or political subdivision of the ,state would not cause a violation of any applicable ,federal law1 rule1 or order2 and 7,d7 in the judgment of the ,administrator1 the proposed requirement of the ,state or political subdivision of the ,state is designed to address a risk of a chemical substance1 under the conditions of use1 that was identified-- 7i7 consistent with the best available science2 7ii7 using supporting studies conducted in accordance with sound and objective scientific practices2 and 7iii7 based on the weight of the scientific evidence4 7#b7 ,required exemptions ,upon application of a ,state or political subdivision of a ,state1 the ,administrator shall exempt from subsection 7b7 a statute or administrative action of a ,state or political subdivision of a ,state that relates to the effects of exposure to a chemical substance under the conditions of use if the ,administrator determines that-- 7,a7 7i7 compliance with the proposed requirement of the ,state or political subdivision of the ,state would not unduly burden interstate commerce in the manufacture1 processing1 distribution in commerce1 or use of a chemical substance2 7ii7 compliance with the proposed requirement of the ,state or political subdivision of the ,state would not cause a violation of any applicable ,federal law1 rule1 or order2 and 7iii7 the ,state or political subdivision of the ,state has a concern about the chemical substance or use of the chemical substance based in peer-reviewed science2 or 7,b7 no later than the date that is #ah months after the date on which the ,administrator has initiated the prioritization process for a chemical substance under the rule promulgated pursuant to section #f7;b77#a77;,a71 or the date on which the ,administrator publishes the scope of the risk evaluation for a chemical substance under section #f7;b77#d77;,d71 whichever is sooner1 the ,state or political subdivision of the ,state has enacted a statute or proposed or finalized an administrative action intended to prohibit or otherwise restrict the manufacture1 processing1 distribution in commerce1 or use of the chemical substance4 7#c7 ,determination of a waiver request ,the duty of the ,administrator to grant or deny a waiver application shall be nondelegable and shall be exercised-- 7,a7 not later than #ahj days after the date on which an application under paragraph 7#a7 is submitted2 and 7,b7 not later than #aaj days after the date on which an application under paragraph 7#b7 is submitted4 7#d7 ,failure to make a determination ,if the ,administrator fails to make a determination under paragraph 7#c77;,b7 during the #aaj-;day period beginning on the date on which an application under paragraph 7#b7 is submitted1 the statute or administrative action of the ,state or political subdivision of the ,state that was the subject of the application shall not be considered to be an existing statute or administrative action for purposes of subsection 7b7 by reason of the failure of the ,administrator to make a determination4 7#e7 ,notice and comment ,except in the case of an application approved under paragraph 7#i71 the application of a ,state or political subdivision of a ,state under this subsection shall be subject to public notice and comment4 7#f7 ,final agency action ,the decision of the ,administrator on the application of a ,state or political subdivision of a ,state shall be-- 7,a7 considered to be a final agency action2 and 7,b7 subject to judicial review4 7#g7 ,duration of waivers ,a waiver granted under paragraph 7#b7 or approved under paragraph 7#i7 shall remain in effect until such time as the ,administrator publishes the risk evaluation under section #f7;b74 7#h7 ,judicial review of waivers ,not later than #fj days after the date on which the ,administrator makes a determination on an application of a ,state or political subdivision of a ,state under paragraph 7#a7 or 7#b71 any person may file a petition for judicial review in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit1 which shall have exclusive jurisdiction over the determination4 7#i7 ,approval 7,a7 ,automatic approval ,if the ,administrator fails to meet the deadline established under paragraph 7#c77;,b71 the application of a ,state or political subdivision of a ,state under paragraph 7#b7 shall be automatically approved1 effective on the date that is #aj days after the deadline4 7,b7 ,requirements ,notwithstanding paragraph 7#f71 approval of a waiver application under subparagraph 7,a7 for failure to meet the deadline under paragraph 7#c77;,b7 shall not be considered final agency action or be subject to judicial review or public notice and comment4 7g7 ,savings 7#a7 ,no preemption of common law or statutory causes of action for civil relief or criminal conduct 7,a7 ,in general ,nothing in this ,act1 nor any amendment made by the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 nor any standard1 rule1 requirement1 standard of performance1 risk evaluation1 or scientific assessment implemented pursuant to this ,act1 shall be construed to preempt1 displace1 or supplant any ,state or ,federal common law rights or any ,state or ,federal statute creating a remedy for civil relief1 including those for civil damage1 or a penalty for a criminal conduct4 7,b7 ,clarification of no preemption ,notwithstanding any other provision of this ,act1 nothing in this ,act1 nor any amendments made by the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 shall preempt or preclude any cause of action for personal injury1 wrongful death1 property damage1 or other injury based on negligence1 strict liability1 products liability1 failure to warn1 or any other legal theory of liability under any ,state law1 maritime law1 or ,federal common law or statutory theory4 7#b7 ,no effect on private remedies 7,a7 ,in general ,nothing in this ,act1 nor any amendments made by the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 nor any rules1 regulations1 requirements1 risk evaluations1 scientific assessments1 or orders issued pursuant to this ,act shall be interpreted as1 in either the plaintiff's or defendant's favor1 dispositive in any civil action4 7,b7 ,authority of courts ,this ,act does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable ,state or ,federal law with respect to the admission into evidence or any other use of this ,act or rules1 regulations1 requirements1 standards of performance1 risk evaluations1 scientific assessments1 or orders issued pursuant to this ,act4 4 #ad4 ,judicial review ,section #ai7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfah7;a77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 7,c7 7i7 ,not later than #fj days after the publication of a designation under section #f7;b77#a77;,b77ii71 any person may commence a civil action to challenge the designation4 7ii7 ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have exclusive jurisdiction over a civil action filed under this subparagraph4 2 and 7#b7 by striking paragraph 7#c74 #ae4 ,citizens' civil actions ,section #bj7;b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfai7;b77 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking or at the end2 and 7#b7 in paragraph 7#b71 by striking the period at the end and inserting the following3 1 except that no prior notification shall be required in the case of a civil action brought to compel a decision by the ,administrator pursuant to section #ah7;f77#c77;,b72 or 7#c7 in the case of a civil action brought to compel a decision by the ,administrator pursuant to section #ah7;f77#c77;,b71 after the date that is #fj days after the deadline specified in section #ah7;f77#c77;,b74 4 #af4 ,studies ,section #be of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbd7 is repealed4 #ag4 ,administration of the ,act ,section #bf of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbe7 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 by striking of a reasonable fee2 7,b7 by striking data under section #d or #e to defray the cost of administering this ,act and inserting information under section #d or a notice or other information to be reviewed by the ,administrator under section #e1 or who manufactures or processes a chemical substance that is the subject of a risk evaluation under section #f7;b71 of a fee that is sufficient and not more than reasonably necessary to defray the cost related to such chemical substance of administering sections #d1 #e1 and #f1 and collecting1 processing1 reviewing1 and providing access to and protecting from disclosure as appropriate under section #ad information on chemical substances under this title1 including contractor costs incurred by the ,administrator2 7,c7 by striking ,such rules shall not provide for any fee in excess of #b1ejj or1 in the case of a small business concern1 any fee in excess of #ajj42 and 7,d7 by striking submit the data and the cost to the ,administrator of reviewing such data and inserting pay such fee and the cost to the ,administrator of carrying out the activities described in this paragraph2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking paragraph 7#a7 and inserting paragraph 7#d72 and 7,b7 by adding at the end the following3 7#c7 ,fund 7,a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,,tsca ,service ,fee ,fund 7in this paragraph referred to as the ,fund71 consisting of such amounts as are deposited in the ,fund under this paragraph4 7,b7 ,collection and deposit of fees ,subject to the conditions of subparagraph 7,c71 the ,administrator shall collect the fees described in this subsection and deposit those fees in the ,fund4 7,c7 ,use of funds by ,administrator ,fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations ,acts1 and shall be available without fiscal year limitation for use in defraying the costs of the activities described in paragraph 7#a74 7,d7 ,accounting and auditing 7i7 ,accounting ,the ,administrator shall biennially prepare and submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that includes an accounting of the fees paid to the ,administrator under this paragraph and amounts disbursed from the ,fund for the period covered by the report1 as reflected by financial statements provided in accordance with sections #ceae and #ceba of title #ca1 ,united ,states ,code4 7ii7 ,auditing 7,i7 ,in general ,for the purpose of section #ceae7;c7 of title #ca1 ,united ,states ,code1 the ,fund shall be considered a component of a covered executive agency4 7,,ii7 ,components of audit ,the annual audit required in accordance with sections #ceae and #ceba of title #ca1 ,united ,states ,code1 of the financial statements of activities carried out using amounts from the ,fund shall include an analysis of-- 7aa7 the fees collected and amounts disbursed under this subsection2 7bb7 the reasonableness of the fees in place as of the date of the audit to meet current and projected costs of administering the provisions of this title for which the fees may be used2 and 7cc7 the number of requests for a risk evaluation made by manufacturers under section #f7;b77#d77;,c77ii74 7,,iii7 ,federal responsibility ,the ,inspector ,general of the ,environmental ,protection ,agency shall conduct the annual audit described in subclause 7,,ii7 and submit to the ,administrator a report that describes the findings and any recommendations of the ,inspector ,general resulting from the audit4 7#d7 ,amount and adjustment of fees2 refunds ,in setting fees under this section1 the ,administrator shall-- 7,a7 prescribe lower fees for small business concerns1 after consultation with the ,administrator of the ,small ,business ,administration2 7,b7 set the fees established under paragraph 7#a7 at levels such that the fees will1 in aggregate1 provide a sustainable source of funds to annually defray-- 7i7 the lower of-- 7,i7 #be percent of the costs to the ,administrator of carrying out sections #d1 #e1 and #f1 and of collecting1 processing1 reviewing1 and providing access to and protecting from disclosure as appropriate under section #ad information on chemical substances under this title1 other than the costs to conduct and complete risk evaluations under section #f7;b72 or 7,,ii7 #be1jjj1jjj 7subject to adjustment pursuant to subparagraph 7,f772 and 7ii7 the costs of risk evaluations specified in subparagraph 7,d72 7,c7 reflect an appropriate balance in the assessment of fees between manufacturers and processors1 and allow the payment of fees by consortia of manufacturers or processors2 7,d7 notwithstanding subparagraph 7,b7-- 7i7 except as provided in clause 7ii71 for chemical substances for which the ,administrator has granted a request from a manufacturer pursuant to section #f7;b77#d77;,c77ii71 establish the fee at a level sufficient to defray the full costs to the ,administrator of conducting the risk evaluation under section #f7;b72 7ii7 for chemical substances for which the ,administrator has granted a request from a manufacturer pursuant to section #f7;b77#d77;,c77ii71 and which are included in the #bjad update of the ,,tsca ,work ,plan for ,chemical ,assessments1 establish the fee at a level sufficient to defray #ej percent of the costs to the ,administrator of conducting the risk evaluation under section #f7;b72 and 7iii7 apply fees collected pursuant to clauses 7i7 and 7ii7 only to defray the costs described in those clauses2 7,e7 prior to the establishment or amendment of any fees under paragraph 7#a71 consult and meet with parties potentially subject to the fees or their representatives1 subject to the condition that no obligation under the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 or subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 is applicable with respect to such meetings2 7,f7 beginning with the fiscal year that is #c years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 and every #c years thereafter1 after consultation with parties potentially subject to the fees and their representatives pursuant to subparagraph 7,e71 increase or decrease the fees established under paragraph 7#a7 as necessary to adjust for inflation and to ensure that funds deposited in the ,fund are sufficient to defray-- 7i7 approximately but not more than #be percent of the costs to the ,administrator of carrying out sections #d1 #e1 and #f1 and of collecting1 processing1 reviewing1 and providing access to and protecting from disclosure as appropriate under section #ad information on chemical substances under this title1 other than the costs to conduct and complete risk evaluations requested under section #f7;b77#d77;,c77ii72 and 7ii7 the costs of risk evaluations specified in subparagraph 7,d72 and 7,g7 if a notice submitted under section #e is not reviewed or such a notice is withdrawn1 refund the fee or a portion of the fee if no substantial work was performed on the notice4 7#e7 ,minimum amount of appropriations ,fees may not be assessed for a fiscal year under this section unless the amount of appropriations for the ,chemical ,risk ,review and ,reduction program project of the ,environmental ,protection ,agency for the fiscal year 7excluding the amount of any fees appropriated for the fiscal year7 are equal to or greater than the amount of appropriations for that program project for fiscal year #bjad4 7#f7 ,termination ,the authority provided by this subsection shall terminate at the conclusion of the fiscal year that is #aj years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act unless otherwise reauthorized or modified by ,congress4 2 and 7#c7 by adding at the end the following3 7h7 ,scientific standards ,in carrying out sections #d1 #e1 and #f1 to the extent that the ,administrator makes a decision based on science1 the ,administrator shall use scientific information1 technical procedures1 measures1 methods1 protocols1 methodologies1 or models1 employed in a manner consistent with the best available science1 and shall consider as applicable-- 7#a7 the extent to which the scientific information1 technical procedures1 measures1 methods1 protocols1 methodologies1 or models employed to generate the information are reasonable for and consistent with the intended use of the information2 7#b7 the extent to which the information is relevant for the ,administrator's use in making a decision about a chemical substance or mixture2 7#c7 the degree of clarity and completeness with which the data1 assumptions1 methods1 quality assurance1 and analyses employed to generate the information are documented2 7#d7 the extent to which the variability and uncertainty in the information1 or in the procedures1 measures1 methods1 protocols1 methodologies1 or models1 are evaluated and characterized2 and 7#e7 the extent of independent verification or peer review of the information or of the procedures1 measures1 methods1 protocols1 methodologies1 or models4 7i7 ,weight of scientific evidence ,the ,administrator shall make decisions under sections #d1 #e1 and #f based on the weight of the scientific evidence4 7j7 ,availability of information ,subject to section #ad1 the ,administrator shall make available to the public-- 7#a7 all notices1 determinations1 findings1 rules1 consent agreements1 and orders of the ,administrator under this title2 7#b7 any information required to be provided to the ,administrator under section #d2 7#c7 a nontechnical summary of each risk evaluation conducted under section #f7;b72 7#d7 a list of the studies considered by the ,administrator in carrying out each such risk evaluation1 along with the results of those studies2 and 7#e7 each designation of a chemical substance under section #f7;b71 along with an identification of the information1 analysis1 and basis used to make the designations4 7k7 ,reasonably available information ,in carrying out sections #d1 #e1 and #f1 the ,administrator shall take into consideration information relating to a chemical substance or mixture1 including hazard and exposure information1 under the conditions of use1 that is reasonably available to the ,administrator4 7l7 ,policies1 procedures1 and guidance 7#a7 ,development ,not later than #b years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall develop any policies1 procedures1 and guidance the ,administrator determines are necessary to carry out the amendments to this ,act made by the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act4 7#b7 ,review ,not later than #e years after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 and not less frequently than once every #e years thereafter1 the ,administrator shall-- 7,a7 review the adequacy of the policies1 procedures1 and guidance developed under paragraph 7#a71 including with respect to animal1 nonanimal1 and epidemiological test methods and procedures for assessing and determining risk under this title2 and 7,b7 revise such policies1 procedures1 and guidance as the ,administrator determines necessary to reflect new scientific developments or understandings4 7#c7 ,testing of ,chemical ,substances and ,mixtures ,the policies1 procedures1 and guidance developed under paragraph 7#a7 applicable to testing chemical substances and mixtures shall-- 7,a7 address how and when the exposure level or exposure potential of a chemical substance or mixture would factor into decisions to require new testing1 subject to the condition that the ,administrator shall not interpret the lack of exposure information as a lack of exposure or exposure potential2 and 7,b7 describe the manner in which the ,administrator will determine that additional information is necessary to carry out this title1 including information relating to potentially exposed or susceptible populations4 7#d7 ,chemical substances with completed risk assessments ,with respect to a chemical substance listed in the #bjad update to the ,,tsca ,work ,plan for ,chemical ,assessments for which the ,administrator has published a completed risk assessment prior to the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator may publish proposed and final rules under section #f7;a7 that are consistent with the scope of the completed risk assessment for the chemical substance and consistent with other applicable requirements of section #f4 7#e7 ,guidance ,not later than #a year after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall develop guidance to assist interested persons in developing and submitting draft risk evaluations which shall be considered by the ,administrator4 ,the guidance shall1 at a minimum1 address the quality of the information submitted and the process to be followed in developing draft risk evaluations for consideration by the ,administrator4 7m7 ,report to ,congress 7#a7 ,initial report ,not later than #f months after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall submit to the ,committees on ,energy and ,commerce and ,appropriations of the ,house of ,representatives and the ,committees on ,environment and ,public ,works and ,appropriations of the ,senate a report containing an estimation of-- 7,a7 the capacity of the ,environmental ,protection ,agency to conduct and publish risk evaluations under section #f7;b77#d77;,c77i71 and the resources necessary to conduct the minimum number of risk evaluations required under section #f7;b77#b72 7,b7 the capacity of the ,environmental ,protection ,agency to conduct and publish risk evaluations under section #f7;b77#d77;,c77ii71 the likely demand for such risk evaluations1 and the anticipated schedule for accommodating that demand2 7,c7 the capacity of the ,environmental ,protection ,agency to promulgate rules under section #f7;a7 as required based on risk evaluations conducted and published under section #f7;b72 and 7,d7 the actual and anticipated efforts of the ,environmental ,protection ,agency to increase the ,agency's capacity to conduct and publish risk evaluations under section #f7;b74 7#b7 ,subsequent reports ,the ,administrator shall update and resubmit the report described in paragraph 7#a7 not less frequently than once every #e years4 7n7 ,annual plan 7#a7 ,in general ,the ,administrator shall inform the public regarding the schedule and the resources necessary for the completion of each risk evaluation as soon as practicable after initiating the risk evaluation4 7#b7 ,publication of plan ,at the beginning of each calendar year1 the ,administrator shall publish an annual plan that-- 7,a7 identifies the chemical substances for which risk evaluations are expected to be initiated or completed that year and the resources necessary for their completion2 7,b7 describes the status of each risk evaluation that has been initiated but not yet completed2 and 7,c7 if the schedule for completion of a risk evaluation has changed1 includes an updated schedule for that risk evaluation4 7o7 ,consultation with science advisory committee on chemicals 7#a7 ,establishment ,not later than #a year after the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act1 the ,administrator shall establish an advisory committee1 to be known as the ,science ,advisory ,committee on ,chemicals 7referred to in this subsection as the ,committee74 7#b7 ,purpose ,the purpose of the ,committee shall be to provide independent advice and expert consultation1 at the request of the ,administrator1 with respect to the scientific and technical aspects of issues relating to the implementation of this title4 7#c7 ,composition ,the ,committee shall be composed of representatives of such science1 government1 labor1 public health1 public interest1 animal protection1 industry1 and other groups as the ,administrator determines to be advisable1 including representatives that have specific scientific expertise in the relationship of chemical exposures to women1 children1 and other potentially exposed or susceptible subpopulations4 7#d7 ,schedule ,the ,administrator shall convene the ,committee in accordance with such schedule as the ,administrator determines to be appropriate1 but not less frequently than once every #b years4 7p7 ,prior actions 7#a7 ,rules1 orders1 and exemptions ,nothing in the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act eliminates1 modifies1 or withdraws any rule promulgated1 order issued1 or exemption established pursuant to this ,act before the date of enactment of the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act4 7#b7 ,prior-initiated evaluations ,nothing in this ,act prevents the ,administrator from initiating a risk evaluation regarding a chemical substance1 or from continuing or completing such risk evaluation1 prior to the effective date of the policies1 procedures1 and guidance required to be developed by the ,administrator pursuant to the amendments made by the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act4 7#c7 ,actions completed prior to completion of policies1 procedures1 and guidance ,nothing in this ,act requires the ,administrator to revise or withdraw a completed risk evaluation1 determination1 or rule under this ,act solely because the action was completed prior to the development of a policy1 procedure1 or guidance pursuant to the amendments made by the ,frank ,r4 ,lautenberg ,chemical ,safety for the #bast ,century ,act4 4 #ah4 ,state programs ,section #bh of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbg7 is amended by striking subsections 7c7 and 7d74 #ai4 ,conforming amendments 7a7 ,table of contents ,the table of contents in section #a of the ,toxic ,substances ,control ,act is amended-- 7#a7 by striking the item relating to section #f and inserting the following3 ,sec4 #f4 ,prioritization1 risk evaluation1 and regulation of chemical substances and mixtures4 2 7#b7 by striking the item relating to section #aj and inserting the following3 ,sec4 #aj4 ,research1 development1 collection1 dissemination1 and utilization of information4 2 7#c7 by striking the item relating to section #ad and inserting the following3 ,sec4 #ad4 ,confidential information4 2 and 7#d7 by striking the item relating to section #be4 7b7 ,section #b ,section #b7;b77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja7;b77#a77 is amended by striking data both places it appears and inserting information4 7c7 ,section #c ,section #c of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb7 is amended-- 7#a7 in paragraph 7#h7 7as redesignated by section #c of this ,act71 by striking data and inserting information2 and 7#b7 in paragraph 7#ae7 7as redesignated by section #c of this ,act7-- 7,a7 by striking standards and inserting protocols and methodologies2 7,b7 by striking test data both places it appears and inserting information2 and 7,c7 by striking data each place it appears and inserting information4 7d7 ,section #d ,section #d of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjc7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by adding 1 order1 or consent agreement at the end2 and 7ii7 by striking rule each place it appears and inserting rule1 order1 or consent agreement2 7,b7 in paragraph 7#b77;,b71 by striking rules and inserting rules1 orders1 and consent agreements2 7,c7 in paragraph 7#c77;,a71 by striking rule and inserting rule or order2 and 7,d7 in paragraph 7#d7-- 7i7 by striking rule under subsection 7a7 each place it appears and inserting rule1 order1 or consent agreement under subsection 7a72 7ii7 by striking repeals the rule each place it appears and inserting repeals the rule or order or modifies the consent agreement to terminate the requirement2 and 7iii7 by striking repeals the application of the rule and inserting repeals or modifies the application of the rule1 order1 or consent agreement2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking rule and inserting rule or order2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking a rule under subsection 7a7 or for which data is being developed pursuant to such a rule and inserting a rule1 order1 or consent agreement under subsection 7a7 or for which information is being developed pursuant to such a rule1 order1 or consent agreement2 7ii7 in subparagraph 7,b71 by striking such rule or which is being developed pursuant to such rule and inserting such rule1 order1 or consent agreement or which is being developed pursuant to such rule1 order1 or consent agreement2 and 7iii7 in the matter following subparagraph 7,b71 by striking the rule and inserting the rule or order2 7,c7 in paragraph 7#c77;,b77i71 by striking rule promulgated and inserting rule1 order1 or consent agreement2 and 7,d7 in paragraph 7#d7-- 7i7 by striking rule promulgated each place it appears and inserting rule1 order1 or consent agreement2 7ii7 by striking such rule each place it appears and inserting such rule1 order1 or consent agreement2 and 7iii7 in subparagraph 7,b71 by striking the rule and inserting the rule or order2 7#c7 in subsection 7d71 by striking rule and inserting rule1 order1 or consent agreement2 and 7#d7 in subsection 7g71 by striking rule and inserting rule1 order1 or consent agreement4 7e7 ,section #e ,section #e of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking rule promulgated and inserting rule1 order1 or consent agreement2 and 7ii7 by striking such rule and inserting such rule1 order1 or consent agreement2 7,b7 in paragraph 7#a77;,b71 by striking rule promulgated and inserting rule or order2 and 7,c7 in paragraph 7#b77;,a77ii71 by striking rule promulgated and inserting rule1 order1 or consent agreement2 and 7#b7 in subsection 7d77#b77;,c71 by striking rule and inserting rule1 order1 or consent agreement4 7f7 ,section #g ,section #g7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjf7;a77 is amended-- 7#a7 in paragraph 7#a71 in the matter following subparagraph 7,c71 by striking a rule under section #d1 #e1 #f1 or title ,,iv or an order under section #e or title ,,iv and inserting a determination under section #e or #f1 a rule under section #d1 #e1 or #f or title ,,iv1 an order under section #d1 #e1 or #f or title ,,iv1 or a consent agreement under section #d2 and 7#b7 in paragraph 7#b71 by striking subsection #f7;d77#b77;,a77i7 and inserting section #f7;d77#c77;,a77i74 7g7 ,section #h ,section #h7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7;a77 is amended-- 7#a7 in paragraph 7#b77;,e71 by striking data and inserting information2 and 7#b7 in paragraph 7#c77;,a77ii77,i71 by striking or an order in effect under section #e7;e7 and inserting 1 an order in effect under section #d or #e7;e71 or a consent agreement under section #d4 7h7 ,section #i ,section #i of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjh7 is amended-- 7#a7 in subsection 7a71 by striking section #f each place it appears and inserting section #f7;a72 and 7#b7 in subsection 7d71 by striking ,health1 ,education1 and ,welfare and inserting ,health and ,human ,services4 7i7 ,section #aj ,section #aj of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfji7 is amended-- 7#a7 in the section heading1 by striking data and inserting information2 7#b7 by striking ,health1 ,education1 and ,welfare each place it appears and inserting ,health and ,human ,services2 7#c7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,data and inserting ,information2 7,b7 by striking data and inserting information in paragraph 7#a72 7,c7 by striking data and inserting information in paragraph 7#b77;,a72 and 7,d7 by striking a data and inserting an information in paragraph 7#b77;,b72 and 7#d7 in subsection 7g71 by striking data and inserting information4 7j7 ,section #aa ,section #aa7;b77#b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfaj7;b77#b77 is amended-- 7#a7 by striking data each place it appears and inserting information2 and 7#b7 in subparagraph 7,e71 by striking rule promulgated and inserting rule promulgated1 order issued1 or consent agreement entered into4 7k7 ,section #ab ,section #ab7;b77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfaa7;b77#a77 is amended by striking data both places it appears and inserting information4 7l7 ,section #ae ,section #ae7a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfad7a77 is amended by striking 7,a7 any rule and all that follows through or 7,d7 and inserting any requirement of this title or any rule promulgated1 order issued1 or consent agreement entered into under this title1 or4 7m7 ,section #ai ,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#a77;,a7-- 7i7 by striking ,not later than #fj days after the date of the promulgation of a rule under section #d7;a71 #e7;a77#b71 #e7;b77#d71 #f7;a71 #f7;e71 or #h1 or under title ,,ii or ,,iv and inserting ,except as otherwise provided in this title1 not later than #fj days after the date on which a rule is promulgated under this title1 title ,,ii1 or title ,,iv1 or the date on which an order is issued under section #d1 #e7;e71 #e7;f71 or #f7;i77#a712 7ii7 by striking such rule and inserting such rule or order2 and 7iii7 by striking such a rule and inserting such a rule or order2 7,b7 in paragraph 7#a77;,b7-- 7i7 by striking ,courts and inserting ,except as otherwise provided in this title1 courts2 and 7ii7 by striking subparagraph 7,a7 or 7,b7 of section #f7;b77#a7 and inserting this title1 other than an order under section #d1 #e7;e71 #e7;f71 or #f7;i77#a712 and 7,c7 in paragraph 7#b7-- 7i7 by striking rulemaking record and inserting record2 and 7ii7 by striking based the rule and inserting based the rule or order2 7#b7 in subsection 7b7-- 7,a7 by striking review a rule and inserting review a rule1 or an order under section #d1 #e7;e71 #e7;f71 or #f7;i77#a712 7,b7 by striking such rule and inserting such rule or order2 7,c7 by striking the rule and inserting the rule or order2 7,d7 by striking new rule each place it appears and inserting new rule or order2 and 7,e7 by striking modified rule and inserting modified rule or order2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking a rule and inserting a rule or order2 and 7,,ii7 by striking such rule and inserting such rule or order2 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking a rule and inserting a rule or order2 7,,ii7 by amending clause 7i7 to read as follows3 7i7 in the case of review of-- 7,i7 a rule under section #d7;a71 #e7;b77#d71 #f7;a7 7including review of the associated determination under section #f7;b77#d77;,a771 or #f7;e71 the standard for review prescribed by paragraph 7#b77;,e7 of such section #gjf shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record taken as a whole2 and 7,,ii7 an order under section #d1 #e7;e71 #e7;f71 or #f7;i77#a71 the standard for review prescribed by paragraph 7#b77;,e7 of such section #gjf shall not apply and the court shall hold unlawful and set aside such order if the court finds that the order is not supported by substantial evidence in the record taken as a whole2 and 2 and 7,,iii7 by striking clauses 7ii7 and 7iii7 and the matter after clause 7iii7 and inserting the following3 7ii7 the court may not review the contents and adequacy of any statement of basis and purpose required by section #eec7;c7 of title #e1 ,united ,states ,code1 to be incorporated in the rule or order1 except as part of the record1 taken as a whole4 2 and 7iii7 by striking subparagraph 7,c72 and 7,b7 in paragraph 7#b71 by striking any rule and inserting any rule or order4 7n7 ,section #bj ,section #bj7;a77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfai7;a77#a77 is amended by striking order issued under section #e and inserting order issued under section #d or #e4 7o7 ,section #ba ,section #ba of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbj7 is amended-- 7#a7 in subsection 7a71 by striking order under section #e7;e7 or 7#f77;b77#b7 and inserting order under section #d or #e7;e7 or 7f72 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking order under section #e7;e71 #f7;b77#a77;,a71 or #f7;b77#a77;,b7 and inserting order under section #d or #e7;e7 or 7f72 and 7,b7 in paragraph 7#d77;,b7-- 7i7 in the matter preceding clause 7i71 by striking order under section #e7;e7 or #f7;b77#b7 and inserting order under section #d or #e7;e7 or 7f72 7ii7 in clause 7i71 by striking order under section #e7;e7 and inserting order under section #d or #e7;e72 and 7iii7 in clause 7ii71 by striking section #f or #h or an order under section #f7;b77#b71 there is a reasonable basis to conclude that the issuance of such a rule or order is necessary to protect health or the environment against an unreasonable risk of injury to health or the environment and inserting section #f7;a7 or #h or an order under section #e7;f71 the chemical substance or mixture to be subject to such rule or order presents an unreasonable risk of injury to health or the environment1 without consideration of costs or other nonrisk factors1 including an unreasonable risk to a potentially exposed or susceptible subpopulation1 under the conditions of use4 7p7 ,section #bd ,section #bd7;b77#b77;,b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbc7;b77#b77;,b77 is amended-- 7#a7 by inserting and at the end of clause 7i72 7#b7 by striking clause 7ii72 and 7#c7 by redesignating clause 7iii7 as clause 7ii74 7q7 ,section #bf ,section #bf of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbe7 is amended-- 7#a7 in subsection 7e71 by striking ,health1 ,education1 and ,welfare each place it appears and inserting ,health and ,human ,services2 and 7#b7 in subsection 7g77#a71 by striking data and inserting information4 7r7 ,section #bg ,section #bg7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbf7;a77 is amended-- 7#a7 by striking ,health1 ,education1 and ,welfare and inserting ,health and ,human ,services2 7#b7 by striking test data both places it appears and inserting information2 7#c7 by striking rules promulgated and inserting rules1 orders1 or consent agreements2 and 7#d7 by striking standards and inserting protocols and methodologies4 7s7 ,section #cj ,section #cj7b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbi7b77 is amended by striking rule and inserting rule1 order1 or consent agreement4 #bj4 ,no retroactivity ,nothing in sections #a through #ai1 or the amendments made by sections #a through #ai1 shall be interpreted to apply retroactively to any ,state1 ,federal1 or maritime legal action filed before the date of enactment of this ,act4 #ba4 ,trevor's ,law 7a7 ,purposes ,the purposes of this section are-- 7#a7 to provide the appropriate ,federal agencies with the authority to help conduct investigations into potential cancer clusters2 7#b7 to ensure that ,federal agencies have the authority to undertake actions to help address cancer clusters and factors that may contribute to the creation of potential cancer clusters2 and 7#c7 to enable ,federal agencies to coordinate with other ,federal1 ,state1 and local agencies1 institutes of higher education1 and the public in investigating and addressing cancer clusters4 7b7 ,designation and investigation of potential cancer clusters ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g et seq47 is amended by adding at the end the following3 #cii,v-#f4 ,designation and investigation of potential cancer clusters 7a7 ,definitions ,in this section3 7#a7 ,cancer cluster ,the term cancer cluster means the incidence of a particular cancer within a population group1 a geographical area1 and a period of time that is greater than expected for such group1 area1 and period4 7#b7 ,particular cancer ,the term particular cancer means one specific type of cancer or a type of cancers scientifically proven to have the same cause4 7#c7 ,population group ,the term population group means a group1 for purposes of calculating cancer rates1 defined by factors such as race1 ethnicity1 age1 or gender4 7b7 ,criteria for designation of potential cancer clusters 7#a7 ,development of criteria ,the ,secretary shall develop criteria for the designation of potential cancer clusters4 7#b7 ,requirements ,the criteria developed under paragraph 7#a7 shall consider1 as appropriate-- 7,a7 a standard for cancer cluster identification and reporting protocols used to determine when cancer incidence is greater than would be typically observed2 7,b7 scientific screening standards that ensure that a cluster of a particular cancer involves the same type of cancer1 or types of cancers2 7,c7 the population in which the cluster of a particular cancer occurs by factors such as race1 ethnicity1 age1 and gender1 for purposes of calculating cancer rates2 7,d7 the boundaries of a geographic area in which a cluster of a particular cancer occurs so as not to create or obscure a potential cluster by selection of a specific area2 and 7,e7 the time period over which the number of cases of a particular cancer1 or the calculation of an expected number of cases1 occurs4 7c7 ,guidelines for investigation of potential cancer clusters ,the ,secretary1 in consultation with the ,council of ,state and ,territorial ,epidemiologists and representatives of ,state and local health departments1 shall develop1 publish1 and periodically update guidelines for investigating potential cancer clusters4 ,the guidelines shall-- 7#a7 recommend that investigations of cancer clusters-- 7,a7 use the criteria developed under subsection 7b72 7,b7 use the best available science2 and 7,c7 rely on a weight of the scientific evidence2 7#b7 provide standardized methods of reviewing and categorizing data1 including from health surveillance systems and reports of potential cancer clusters2 and 7#c7 provide guidance for using appropriate epidemiological and other approaches for investigations4 7d7 ,investigation of cancer clusters 7#a7 ,secretary discretion ,the ,secretary-- 7,a7 in consultation with representatives of the relevant ,state and local health departments1 shall consider whether it is appropriate to conduct an investigation of a potential cancer cluster2 and 7,b7 in conducting investigations shall have the discretion to prioritize certain potential cancer clusters1 based on the availability of resources4 7#b7 ,coordination ,in investigating potential cancer clusters1 the ,secretary shall coordinate with agencies within the ,department of ,health and ,human ,services and other ,federal agencies1 such as the ,environmental ,protection ,agency4 7#c7 ,biomonitoring ,in investigating potential cancer clusters1 the ,secretary shall rely on all appropriate biomonitoring information collected under other ,federal programs1 such as the ,national ,health and ,nutrition ,examination ,survey4 ,the ,secretary may provide technical assistance for relevant biomonitoring studies of other ,federal agencies4 7e7 ,duties ,the ,secretary shall-- 7#a7 ensure that appropriate staff of agencies within the ,department of ,health and ,human ,services are prepared to provide timely assistance1 to the extent practicable1 upon receiving a request to investigate a potential cancer cluster from a ,state or local health authority2 7#b7 maintain staff expertise in epidemiology1 toxicology1 data analysis1 environmental health and cancer surveillance1 exposure assessment1 pediatric health1 pollution control1 community outreach1 health education1 laboratory sampling and analysis1 spatial mapping1 and informatics2 7#c7 consult with community members as investigations into potential cancer clusters are conducted1 as the ,secretary determines appropriate2 7#d7 collect1 store1 and disseminate reports on investigations of potential cancer clusters1 the possible causes of such clusters1 and the actions taken to address such clusters2 and 7#e7 provide technical assistance for investigating cancer clusters to ,state and local health departments through existing programs1 such as the ,epi-,aids program of the ,centers for ,disease ,control and ,prevention and the ,assessments of ,chemical ,exposures ,program of the ,agency for ,toxic ,substances and ,disease ,registry4 4 ,,ii ,rural ,healthcare ,connectivity #bja4 ,short title ,this title may be cited as the ,rural ,healthcare ,connectivity ,act of #bjaf4 #bjb4 ,telecommunications services for skilled nursing facilities 7a7 ,in general ,section #bed7;h77#g77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77#g77;,b77 is amended-- 7#a7 in clause 7vi71 by striking and at the end2 7#b7 by redesignating clause 7vii7 as clause 7viii72 7#c7 by inserting after clause 7vi7 the following3 7vii7 skilled nursing facilities 7as defined in section #ahai7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;a7772 and 2 and 7#d7 in clause 7viii71 as redesignated1 by striking clauses 7i7 through 7vi7 and inserting clauses 7i7 through 7vii74 7b7 ,savings clause ,nothing in subsection 7a7 shall be construed to affect the aggregate annual cap on ,federal universal service support for health care providers under section #ed4fge of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7c7 ,effective date ,the amendments made by subsection 7a7 shall apply beginning on the date that is #ahj days after the date of the enactment of this ,act4 ,clerk4