Toxic Substances Control Act

(LATEST SUMMARY)

Toxic Substances Control Act - Provides that if the Administrator of the Environmental Protection Agency finds that testing of a chemical substance in accordance with a test protocol for such substance is necessary to protect against unreasonable risk to health or the environment, he may, by rule: (1) prescribe a test protocol for such substance; and (2) require one or more persons connected with such substance to perform the test called for in such protocol.

Provides criteria from which the Administrator shall determine the need for a test protocol. Permits those persons connected with the substance to designate one or more of their members or a qualified independent third party to perform the required tests and share the costs of such tests.

Authorizes the Administrator, if those persons connected with the substance can not agree on a designee or if the designee is unacceptable to the Administrator, to designate one or more of those connected with the substance or a third party to perform the required tests and require those connected to contribute to the costs of the tests.

Authorizes the Administrator upon receipt of the test results to promptly publish, in the Federal Register, the test data, the intended uses of the substances, and the nature of the tests.

Directs the Administrator within 18 months after the date of enactment of this Act to, by rule, identify and publish in the Federal Register a list of chemical substances which the Administrator finds pose or are likely to pose substantial danger to the health or environment.

Prohibits the use of a substance which has been listed by the Administrator as dangerous or possibly dangerous for a new use unless at least 90 days prior to such manufacture or distribution, the person intending to manufacture or distribute the chemical substance for such new use makes application to the Administrator to manufacture or distribute such substance for such new use and submits test data which shows the intended new use safe.

Provides that a chemical substance listed as dangerous or potentially dangerous by the Administrator that has not been produced or distributed in commerce prior to its listing may not be produced or distributed unless application is made to the Administrator as outlined above.

Provides that if no test protocol has been prescribed for a chemical substance which has been listed by the Administrator, the manufacturer or distributor may make tests sufficient to show the substance's safety or petition the Administrator to develop an adequate test protocol.

Authorizes the Administrator, upon a finding that a chemical substance is dangerous or potentially dangerous, to prescribe rules to: (1) prohibit the manufacture or distribution of a substance or limit the amount which may be produced or distributed; (2) prohibit particular use or uses of such a substance; and (3) require an adequate warning with regard to the use or disposal of the substance. Provides the Administrator with criteria for formulating and promulgating such rules.

Permits the Administrator to formulate quality control rules if he has good cause to believe processing or manufacturing permits or causes dangerous adulteration of a chemical substance. Provides that the Administrator shall conduct hearings to determine if quality control rules are necessary.

Provides that the Administrator may file an action for temporary or permanent relief in a U.S. district court against an imminently hazardous chemical substance for its seizure or against any person who is a manufacturer, processor or distributor of such chemical substance.

Authorizes the Administrator, by rule, to require reports of all manufacturers and importers of chemical substances where appropriate to ascertain the nature, quantity and uses of substances produced.

Prohibits the Administrator from taking action under this Act if any risks to health or environment could be prevented by employing existing Federal Law.

Provides for a detailed statement on the economic impact at the time the Administrator promulgates any final rule.

Establishes in the Environmental Protection Agency a Chemical Substances Board consisting of twelve scientifically qualified members. Directs the Administrator to appoint eleven members to this Board from a list recommended to him by the National Academy of Sciences and the Secretary of Health, Education and Welfare to appoint one from whatever source he desires. Directs the Administrator to refer all proposed rules to this Board to prepare a report.

Permits the Administrator to inspect any factory, warehouse, or other premises to verify records and reports. Requires the Administrator to designate officers for such purposes who will enter with appropriate credentials and a valid administrative warrant.

Provides that this Act shall not apply to any chemical substance which is to be used solely for export from the United States. Provides that the Secretary of the Treasury shall refuse entry into the United States of any chemical substance or article containing such substance offered for entry which fails to conform with rules promulgated under this Act. Provides that all information reported to, or otherwise obtained by, the Administrator or his representative which contains or relates to trade secrets shall be considered confidential.

Makes it unlawful to fail or refuse to comply with any provision of this Act or any rule promulgated under the authority of this Act. Provides a $25,000 a day civil penalty for each day of violation and a criminal penalty of $25,000 a day or imprisonment not to exceed one year or both in addition to or in lieu of a civil penalty. Authorizes the U.S. districts courts to exercise jurisdiction over such cases.

Provides that any interested and adversely affected person may commence a civil action for injunctive relief on his own behalf against any person including the United States. Provides for judicial review by the U.S. District Court of Appeals for the District of Columbia of any rule promulgated under this Act.

Directs the Administrator to waive compliance with any provision of this Act upon request of the Secretary of Defense and upon a determination by the President that the requested waiver is necessary in the interest of national security.

Authorizes total appropriations of $30,440,000 to carry out the provisions of this Act for fiscal years 1974-76.