Sec. 8. Information collection and reporting
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Section 8 ( 15 U.S.C. 2607 ) is amended— in subsection (a), by adding at the end the following: The Administrator shall promulgate rules requiring the reporting of information known by, or reasonably ascertainable by, the person making the report, including rules requiring processors to report information, so that the Administrator has the information necessary to carry out sections 4 and 6. The rules promulgated under subparagraph (A)— may impose different reporting requirements on manufacturers and processors; shall be limited to active substances or mixtures containing active substances as designated under subsection (b); and shall apply only to the extent the Administrator determines the submission of reports is necessary for the effective enforcement of this Act.
The Administrator shall develop guidance relating to the information required to be reported under the rules promulgated under this subsection that— include the level of detail necessary to be reported; and describes the manner by which manufacturers and processors may report use and exposure information on a voluntary basis. ; in subsection (b), by adding at the end the following: In carrying out paragraph (1), the Administrator shall— maintain the use of Class 2 nomenclature in use on date of enactment of the Chemical Safety Improvement Act ; maintain the use of the Soap and Detergent Association Nomenclature System, published in March 1978 by the Administrator in section 1 of addendum III of the document entitled Candidate List of Chemical Substances , and further described in the appendix A of volume I of the 1985 edition of the Toxic Substances Control Act Substances Inventory (EPA Document No.
EPA–560/7–85–002a); and treat all components of categories that are considered to be statutory mixtures under this Act as being included on the list published under paragraph
(1)under the Chemical Abstracts Service numbers for the respective categories, including, without limitation— cement, Portland, chemicals, CAS No. 65997–15–1; cement, alumina, chemicals, CAS No. 65997–16–2; glass, oxide, chemicals, CAS No. 65997–17–3; frits, chemicals, CAS No. 65997–18–4; steel manufacture, chemicals, CAS No. 65997–19–5; and ceramic materials and wares, chemicals, CAS No. 66402–68–4. In the event that existing guidance allows for multiple nomenclature conventions, the Administrator shall— maintain the nomenclature conventions for substances; and develop new guidance that— establishes equivalency between the nomenclature conventions for chemical substances on the list published under paragraph (1); and permits persons to rely on that new guidance for purposes of determining whether a chemical substance is on the list published under paragraph (1). For any chemical substance appearing multiple times on the list under different Chemical Abstracts Service numbers, the Administrator shall develop guidance recognizing the multiple listings as a single chemical substance. Subject to section 14, the Administrator shall make publicly available a candidate list of active chemical substances, which shall include— any chemical substance reported under part 711 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the Chemical Safety Improvement Act , during the period beginning on the date that is 10 years before the date of enactment of the Chemical Safety Improvement Act and ending on the date of enactment of the Chemical Safety Improvement Act ; any chemical substance for which a notice of commencement of manufacture has been submitted; any chemical substance for which a significant new use notice has been submitted; any chemical substance for which an export notification has been submitted during the period beginning on the date that is 10 years before the date of enactment of the Chemical Safety Improvement Act and ending on the date of enactment of the Chemical Safety Improvement Act ; and any other chemical substance identified by the Administrator as likely to qualify as active. The Administrator shall, by rule, require manufacturers and processors to notify the Administrator that the manufacturer or processor, as applicable, has manufactured or processed a chemical substance on the list described in subparagraph (A), or the list published under paragraph
(1)for a nonexempt commercial purpose during the 5-year period prior to the date of enactment of the Chemical Safety Improvement Act . Before issuing a final rule under subparagraph (A), the Administrator shall make publicly available guidance relating to the rule for chemical substances on the confidential portion of the candidate list of active substances and of the list published under paragraph (1), including — accession numbers; premanufacture notice case numbers, if applicable; and generic names. The rule under subparagraph
(B)shall require a manufacturer or processor that is reporting information relating to a chemical substance on the confidential portion of the list published under paragraph
(1)to indicate whether the manufacturer or processor claims the specific identity of the substance as confidential pursuant to section 14. The rule under subparagraph
(B)shall require a manufacturer or processor— to certify the accuracy of each report of the manufacturer or processor carried out under the rule; and to retain a record supporting that certification for a period of 5 years beginning on the last day of the submission period. Nothing in this paragraph requires the resubstantiation of a claim for protection against disclosure for information submitted to the Administrator prior to the date of enactment of the Chemical Safety Improvement Act . Based on the notifications received in response to the rule under paragraph (4), the Administrator shall designate each chemical substance that is on the list published under paragraph
(1)on the date of enactment of the Chemical Safety Improvement Act as active or inactive. The Administrator shall update the list of chemicals designated as active or inactive as soon as practicable following the publication of the most recent data reported under part 711 of title 40, Code of Federal Regulations. The Administrator shall designate as an active substance— a chemical substance that has been manufactured or processed for a nonexempt commercial purposes at any point during the 5-year period prior to the date of enactment of the Chemical Safety Improvement Act ; a chemical substance that is added to the list published under paragraph
(1)after the date of enactment of the Chemical Safety Improvement Act ; a chemical substance for which a notice is received under paragraph (7)(C); and a chemical substance reported under part 711 of title 40, Code of Federal Regulations, after the date of enactment of the Chemical Safety Improvement Act . The Administrator shall designate as an inactive substance each chemical substance on the list published under paragraph
(1)that has not been manufactured or processed for a nonexempt commercial purpose in the 5-year period ending on the date of enactment of the Chemical Safety Improvement Act . Each inactive substance shall remain on the list published under paragraph (1). Any person who 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 substance is manufactured or processed. On receiving notification under clause (i), the Administrator— shall designate the chemical substance as an active substance; and shall, pursuant to section 4(e), review the priority of the chemical substance as the Administrator determines necessary. The list of inactive chemical substances shall not be considered a category for purposes of section 26(c). Subject to subparagraph (B), the Administrator shall make available to the public— the specific identity of each chemical substance on the nonconfidential portion of the list published under paragraph
(5)that the Administrator has designated as an active substance; the specific identity of each chemical substance on the nonconfidential portion of the list published under paragraph
(1)that the Administrator has designated as an inactive substance; the accession number, generic name, and, if applicable, premanufacture notice case number for each chemical substance on the confidential portion of the list published under paragraph
(1)for which a claim of confidentiality was received; and the specific identity of any active or inactive substance on the confidential portion of the list published under paragraph
(1)for which no claim of confidentiality was received, subject to the condition that, before revealing the specific identity of the substance, the Administrator shall— publish a notice in the Federal Register identifying the accession number, generic name, and, if applicable, premanufacture notice case number for that substance; and provide an opportunity for any person— to certify to the Administrator that the person intends to manufacture or process the substance at any point in the subsequent 4-year period; and to claim confidentiality for the specific identity of the substance. Subject section 14, the Administrator shall not make available to the public the specific chemical identity of any substance for which the Administrator receives a notice under subparagraph (A)(iv). ; and in subsection (e)— by striking Any person and inserting the following: Any person ; and by adding at the end the following: Any person may submit to the Administrator data and information reasonably supporting the conclusion that a chemical substance or mixture does not present a substantial risk of injury to health and the environment. .
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Sec. 8
Information collection and reporting
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