Sec. 8. Reporting and retention of information
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Section 8 of the Toxic Substances Control Act ( 15 U.S.C. 2607 ) is amended— in subsection (a)— in paragraph (2), by striking the matter that follows subparagraph (G); in paragraph (3), by adding at the end the following: Not later than 180 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act , and not less frequently than once every 10 years thereafter, the Administrator, after consultation with the Administrator of the Small Business Administration, shall— review the adequacy of the standards prescribed under subparagraph (B); and after providing public notice and an opportunity for comment, make a determination as to whether revision of the standards is warranted. ; and by adding at the end the following:
The rules promulgated pursuant to paragraph (1)— may impose differing reporting and recordkeeping requirements on manufacturers and processors; and shall include the level of detail necessary to be reported, including the manner by which use and exposure information may be reported. In carrying out this section, the Administrator shall, to the extent feasible— not require reporting which is unnecessary or duplicative; minimize the cost of compliance with this section and the rules issued thereunder on small manufacturers and processors; and apply any reporting obligations to those persons likely to have information relevant to the effective implementation of this title.
The Administrator shall enter into a negotiated rulemaking pursuant to subchapter III of chapter 5 of title 5, United States Code, to develop and publish, not later than 3 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act , a proposed rule providing for limiting the reporting requirements, under this subsection, for manufacturers of any inorganic byproducts, when such byproducts, whether by the byproduct manufacturer or by any other person, are subsequently recycled, reused, or reprocessed.
Not later than 3 and one-half years after such date of enactment, the Administrator shall publish a final rule resulting from such negotiated rulemaking. ; and 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 the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century 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 the individual members of the categories of chemical substances identified by the Administrator as statutory mixtures, as defined in Inventory descriptions established by the Administrator, as being included on the list established under paragraph (1). If a manufacturer or processor demonstrates to the Administrator that a chemical substance appears multiple times on the list published under paragraph
(1)under different CAS numbers, the Administrator may recognize the multiple listings as a single chemical substance. Not later than 1 year after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act , the Administrator, by rule, shall require manufacturers, and may require processors, subject to the limitations under subsection (a)(5)(A), to notify the Administrator, by not later than 180 days after the date on which the final rule is published in the Federal Register, of each chemical substance on the list published under paragraph
(1)that the manufacturer or processor, as applicable, has manufactured or processed for a nonexempt commercial purpose during the 10-year period ending on the day before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act . The Administrator shall designate chemical substances for which notices are received under clause
(i)to be active substances on the list published under paragraph (1). The Administrator shall designate chemical substances for which no notices are received under clause
(i)to be inactive substances on the list published under paragraph (1). No chemical substance on the list published under paragraph
(1)shall be removed from such list by reason of the implementation of this subparagraph, or be subject to section 5(a)(1)(A)(i) by reason of a change to active status under paragraph (5)(B). In promulgating a rule under subparagraph (A), the Administrator shall— maintain the list under paragraph (1), which shall include a confidential portion and a nonconfidential portion consistent with this section and section 14; require any manufacturer or processor of a chemical substance on the confidential portion of the list published under paragraph
(1)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 14 to submit a notice under subparagraph
(A)that includes such request; require the substantiation of those claims pursuant to section 14 and in accordance with the review plan described in subparagraph (C); and 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
(1)to the nonconfidential portion of that list. Not later than 1 year after the date on which the Administrator compiles the initial list of active substances pursuant to subparagraph (A), 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
(1)that are asserted pursuant to subparagraph (B). In establishing the review plan under subparagraph (C), the Administrator shall— require, at a time specified by the Administrator, all manufacturers or processors asserting claims under subparagraph
(B)to substantiate the claim, in accordance with section 14, unless the manufacturer or processor has substantiated the claim in a submission made to the Administrator during the 5-year period ending on the last day of the of the time period specified by the Administrator; and in accordance with section 14— review each substantiation— submitted pursuant to clause
(i)to determine if the claim qualifies for protection from disclosure; and submitted previously by a manufacturer or processor and relied on in lieu of the substantiation required pursuant to clause (i), if the substantiation has not been previously reviewed by the Administrator, to determine if the claim warrants protection from disclosure; approve, approve in part and deny in part, or deny each claim; and except as provided in this section and section 14, protect from disclosure information for which the Administrator approves such a claim for a period of 10 years, unless, prior to the expiration of the period— the person notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall not protect the information from disclosure; or the Administrator otherwise becomes aware that the information does not qualify for protection from disclosure, in which case the Administrator shall take the actions described in section 14(g)(2). The Administrator shall implement the review plan so as to complete reviews of all claims specified in subparagraph
(C)not later than 5 years after the date on which the Administrator compiles the initial list of active substances pursuant to subparagraph (A). The Administrator may extend the deadline for completion of the reviews for not more than 2 additional years, after an adequate public justification, if the Administrator determines that the extension is necessary based on the number of claims needing review and the available resources. At the beginning of each year, the Administrator shall publish an annual goal for reviews and the number of reviews completed in the prior year. The Administrator shall keep designations of active substances and inactive substances on the list published under paragraph
(1)current. 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 processed. If a person submitting a notice under clause
(i)for an inactive substance on the confidential portion of the list published under paragraph
(1)seeks to maintain an existing claim for protection against disclosure of the specific chemical identity of the inactive substance as confidential, the person shall, consistent with the requirements of section 14— in the notice submitted under clause (i), assert the claim; and by not later than 30 days after providing the notice under clause (i), substantiate the claim. On receiving a notification under clause (i), the Administrator shall— designate the applicable chemical substance as an active substance; pursuant to section 14, promptly review any claim and associated substantiation submitted pursuant to clause
(ii)for protection against disclosure of the specific chemical identity of the chemical substance and approve, approve in part and deny in part, or deny the claim; except as provided in this section and section 14, protect from disclosure the specific chemical identity of the chemical substance for which the Administrator approves a claim under subclause
(II)for a period of 10 years, unless, prior to the expiration of the period— the person notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall not protect the information from disclosure; or the Administrator otherwise becomes aware that the information does not qualify for protection from disclosure, in which case the Administrator shall take the actions described in section 14(g)(2); and pursuant to section 6(b), review the priority of the chemical substance as the Administrator determines to be necessary. The list of inactive substances shall not be considered to be a category for purposes of section 26(c). Prior to the promulgation of the rule required under paragraph (4)(A), the Administrator shall designate the chemical substances reported under part 711 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act ), during the reporting period that most closely preceded the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act , as the interim list of active substances for the purposes of section 6(b). Subject to this subsection and section 14, the Administrator shall make available to the public— each specific chemical identity on the nonconfidential portion of the list published under paragraph
(1)along with the Administrator’s designation of the chemical substance as an active or inactive substance; the unique identifier assigned under section 14, 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 chemical identity of any active substance for which— a claim for protection against disclosure of the specific chemical identity of the active substance was not asserted, as required under this subsection or section 14; all claims for protection against disclosure of the specific chemical identity of the active substance have been denied by the Administrator; or the time period for protection against disclosure of the specific chemical identity of the active substance has expired. No person may assert a new claim under this subsection or section 14 for protection from disclosure of a specific chemical identity of any active or inactive substance for which a notice is received under paragraph (4)(A)(i) or (5)(B)(i) that is not on the confidential portion of the list published under paragraph (1). Under the rules promulgated under this subsection, manufacturers and processors, as applicable, shall be required— to certify that each notice or substantiation the manufacturer or processor submits complies with the requirements of the rule, and that any confidentiality claims are true and correct; and to retain a record documenting compliance with the rule and supporting confidentiality claims for a period of 5 years beginning on the last day of the submission period. . Section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) ) (as amended by subsection (a)) is further amended by adding at the end the following: In this paragraph, notwithstanding section 3(2)(B), the term mercury means— elemental mercury; and a mercury compound. Not later than April 1, 2017, and every 3 years thereafter, the Administrator shall carry out and publish in the Federal Register an inventory of mercury supply, use, and trade in the United States. In carrying out the inventory under subparagraph (B), the Administrator shall— identify any manufacturing processes or products that intentionally add mercury; and recommend actions, including proposed revisions of Federal law or regulations, to achieve further reductions in mercury use. To assist in the preparation of the inventory under subparagraph (B), any person who manufactures mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing process shall make periodic reports to the Administrator, at such time and including such information as the Administrator shall determine by rule promulgated not later than 2 years after the date of enactment of this paragraph. To avoid duplication, the Administrator shall coordinate the reporting under this subparagraph with the Interstate Mercury Education and Reduction Clearinghouse. Clause
(i)shall not apply to a person engaged in the generation, handling, or management of mercury-containing waste, unless that person manufactures or recovers mercury in the management of that waste. .
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Sec. 8
Reporting and retention of information
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