Sec. 4. Definitions
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Section 3 of the Toxic Substances Control Act ( 15 U.S.C. 2602 ) is amended— by striking paragraph (12); by redesignating paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (13), and (14), as paragraphs (5), (6), (8), (10), (12), (13), (14), (15), (18), (19), (21), and (24), respectively; by inserting after paragraph
(1)the following: Subject to subparagraph (B), the term aggregate exposure means exposure from all sources of a chemical substance, including exposure from— the manufacture, processing, distribution, use, and disposal of that chemical substance; and all other sources of that chemical substance, including— contamination of food, air, water, soil, and house dust from current or prior uses or activity; accidental releases; permitted sources of pollution; nonpoint sources of pollution; documented background levels from natural and anthropogenic sources; and a mixture or article containing that chemical substance. The term aggregate exposure includes exposure from a chemical substance that is not considered to be a chemical substance under this Act solely because of the use of that substance as, or in, a food, food additive, cosmetic, or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )). The term bioaccumulative means, with respect to a chemical substance or mixture, that the chemical substance or mixture, as determined by the Administrator, can significantly accumulate in biota, as indicated through monitoring data, or is highly likely to accumulate in biota, as indicated by other evidence. To reflect the best available science, the Administrator may, by rule, revise the definition of the term bioaccumulative in such a way that reflects the state of the science and provides for equal or greater protection of human health and the environment. The term chemical identity includes— each common and trade name of a chemical substance; the name of a chemical substance appearing in International Union of Pure and Applied Chemistry nomenclature and the most current Collective Index format; each Chemical Abstracts Service registration number of a chemical substance; and the molecular structure of a chemical substance. ; in paragraph
(5)(as redesignated by paragraph (2))— by striking (2)(A) Except as provided in subparagraph
(B)and inserting the following: Except as provided in subparagraphs
(B)and
(C); in subparagraph (B), by striking
(B)Such term and inserting the following: The term chemical substance ; and by adding at the end the following: Notwithstanding molecular identity, the Administrator may determine that a variant of a chemical substance is a new chemical substance under section 5(a)(6). ; by inserting after paragraph
(6)(as redesignated by paragraph (2)) the following: The term cumulative exposure means the sum of aggregate exposure to each of the chemical substances that are known or suspected to contribute appreciably to the risk of the same or a similar adverse effect. ; by striking paragraph
(8)(as redesignated by paragraph (2)) and inserting the following: The terms distribute in commerce and distribution in commerce , when used to describe an action taken with respect to a chemical substance (or mixture or article containing that chemical substance), mean— to sell, or the sale of, the substance, mixture, or article in commerce; to introduce or deliver for introduction into commerce, or the introduction or delivery for introduction into commerce of, the substance, mixture, or article; to hold, or the holding of, the substance, mixture, or article after its introduction into commerce; or to export or offer for export the substance, mixture, or article. ; by inserting after paragraph
(8)(as redesignated by paragraph (2)) the following: The term end consumer means an individual or other entity that purchases and uses or consumes a chemical substance (or mixture or article containing that chemical substance). ; in paragraph
(10)(as redesignated by paragraph (2)), by inserting ambient and indoor after includes water, ; by inserting after paragraph
(10)(as redesignated by paragraph (2)) the following: The term Federal agency means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office. ; in paragraph
(15)(as redesignated by paragraph (2)), by striking which is not included in the chemical substance list compiled and published under section 8(b) and inserting for which the manufacturer or processor of the chemical substance has not submitted a declaration under section 8(a) ; by inserting after paragraph
(15)(as redesignated by paragraph (2)) the following: The term persistent means, with respect to a chemical substance or mixture, that the chemical substance or mixture, as determined by the Administrator, significantly persists in 1 or more environmental media, as indicated by monitoring data or other evidence. To reflect the best available science, the Administrator may, by rule, revise the definition of the term persistent in such a way that reflects the state of the science and provides for equal or greater protection of human health and the environment. The term person means an individual, trust, firm, joint stock company, corporation (including a Government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body. The term person includes each Federal agency and any officer, agent, or employee of a Federal agency. ; by inserting after paragraph
(19)(as redesignated by paragraph (2)) the following: The term special substance characteristic means a physical, chemical, or biological characteristic, other than molecular identity, that the Administrator determines, by order or rule, may significantly affect the risks posed by substances exhibiting that characteristic. In determining the existence of special substance characteristics, the Administrator may consider— size or size distribution; shape and surface structure; reactivity; and any other properties that may significantly affect the risks posed. ; by inserting after paragraph
(21)(as redesignated by paragraph (2)) the following: The term toxic , with respect to a chemical substance or mixture, means that the chemical substance or mixture has a toxicological property— meeting the criteria for Category 1 or Category 2 for any of the toxicity endpoints established by the Globally Harmonized System for the Classification and Labeling of Hazardous Substances; that causes an adverse effect that has been demonstrated in humans or other exposed organisms; or for which the weight of evidence (such as demonstration of an adverse effect described in subparagraph (B), laboratory studies, or data for a chemical from the same chemical class that exhibits that adverse effect) demonstrates the potential for an adverse effect in humans or other exposed organisms. The term toxicological property means actual or potential toxicity or other adverse effects of a chemical substance or mixture, including actual or potential effects of exposure to a chemical substance or mixture on— mortality; morbidity, including carcinogenesis; reproduction; growth and development; the immune system; the endocrine system; the brain or nervous system; other organ systems; or any other biological functions in humans or nonhuman organisms. ; and by adding at the end the following: The term vulnerable human population means a human population that is subject to disproportionate exposure to, or the potential for disproportionate adverse effect from exposure to, a chemical substance or mixture, including— infants, children, and adolescents; pregnant women; elderly; individuals with preexisting medical conditions; workers that work with chemical substances and mixtures; and members of any other appropriate population identified by the Administrator. .
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