Sec. 13. Exports
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Section 12 of the Toxic Substances Control Act ( 15 U.S.C. 2611 ) is amended— in subsection (a), by striking paragraph
(2)and inserting the following: Paragraph
(1)shall not apply to any chemical substance that the Administrator determines— under section 5 is not likely to meet the safety standard; or under section 6 does not meet the safety standard. For a mixture or article containing a chemical substance described in paragraph (2), the Administrator may— determine that paragraph
(1)shall not apply to the mixture or article; or establish a threshold concentration in a mixture or article at which paragraph
(1)shall not apply. The Administrator may require testing under section 4 of any chemical substance or mixture exempted from this Act under paragraph
(1)for the purpose of determining whether the chemical substance or mixture meets the safety standard within the United States. ; by striking subsection
(b)and inserting the following: A person shall notify the Administrator that the person is exporting or intends to export to a foreign country— a chemical substance or a mixture containing a chemical substance that the Administrator has determined under section 5 is not likely to meet the safety standard and for which a prohibition or other restriction has been proposed or established under that section; a chemical substance or a mixture containing a chemical substance that the Administrator has determined under section 6 does not meet the safety standard and for which a prohibition or other restriction has been proposed or established under that section; a chemical substance for which the United States is obligated by treaty to provide export notification; a chemical substance or mixture subject to a prohibition or other restriction pursuant to a rule, order, or consent agreement in effect under this Act; or a chemical substance or mixture for which the submission of information is required under section 4. The Administrator shall promulgate rules to carry out paragraph (1). The rules promulgated pursuant to subparagraph
(A)shall— include such exemptions as the Administrator determines to be appropriate, which may include exemptions identified under section 5(h); and indicate whether, or to what extent, the rules apply to articles containing a chemical substance or mixture described in paragraph (1). The Administrator shall submit to the government of each country to which a chemical substance or mixture is exported— for a chemical substance or mixture described in subparagraph (A), (B), or
(D)of paragraph (1), a notice of the determination, rule, order, consent agreement, requirement, or designation; for a chemical substance described in paragraph (1)(C), a notice that satisfies the obligation of the United States under the applicable treaty; and for a chemical substance or mixture described in paragraph (1)(E), a notice of availability of the information on the chemical substance or mixture submitted to the Administrator. ; and in subsection (c)— by striking paragraph (3); and by redesignating paragraphs
(4)through
(6)as paragraphs
(3)through (5), respectively.
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