Toxic Substances Control Act

(Measure passed House, amended, roll call #644 (319-45))

Toxic Substances Control Act - Requires the Administrator of the Environmental Protection Agency to test any chemical substance or mixture which may present an unreasonable risk to health or the environment if there is insufficient data to determine that such a risk does or does not exist.

Requires promulgation of standards for the development of testing data for each such substance or mixture.

Authorizes the Administrator to exempt chemicals and mixtures from the testing requirement if he determines that data has been or is being developed for substantially the same compound.

Establishes a committee to make recommendations (based on enumerated criteria) to the Administrator respecting the chemical substances and mixtures which should be given priority consideration for testing.

Requires manufacturers and processors to notify the Administrator 90 days in advance of initiation of manufacture or processing of (1) a new substance; or (2) a chemical substance for a significant new use.

Requires the Administrator to compile a list of substances currently distributed in commerce which he determines may present an unreasonable risk to health or the environment.

Authorizes exemptions from the testing requirement for substances on such list if the Administrator determines that the manufacture and distribution of such substance would not present an unreasonable risk to health or the environment under the particular circumstance, or under appropriate restrictions.

Provides that the Administrator, upon determination that a substance is hazardous to health or the environment, may (1) prohibit or limit its manufacture or processing; (2) prescribe maximum concentration levels for particular uses; (3) prohibit particular uses; or (4) require clear and adequate warnings as to the hazards of use or disposal.

Authorizes the Administrator to test for adulterated or contaminated substances and mixtures.

Requires the Environmental Protection Agency to initiate proceedings within six months to prescribe rules for the disposal of polychlorinated biphenyls (PCB's). Stipulates that such rules require PCB substances to be marked with warnings and instructions for disposal.

Prohibits the manufacture of PCB's after one year from the effective date of this Act, except where used in a totally enclosed manner. Prohibits the manufacture of PCB's for any use after two years from the effective date of this Act. Prohibits the processing or distribution in commerce of PCB's two and one-half years after the effective date of this Act. Authorizes the Administrator to grant exemptions from the requirements of this Act under specified circumstances.

Authorizes the Administrator to file an action in a United States district court (1) for seizure of an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture; (2) for relief against any person who manufactures, processes, or distributes such substance, mixture, or article; or (3) for both seizure and relief.

Directs the Administrator to promulgate rules for the reporting and retention of information by manufacturers and processors as is necessary for the effective enforcement of this Act.

Authorizes the Administrator to require manufacturers, processors, or distributors to submit lists of health and safety studies with respect to chemical substances or mixtures which they intend to introduce into commerce.

Requires any person who manufactures, processes, or distributes in commerce a chemical substance or mixture and who obtains information which reasonably supports the conclusion that such substance or mixture presents an unreasonable risk to health or the environment to immediately inform the Administrator of such risk unless such person has actual knowledge that the Administrator has been adequately informed of such risk.

Directs the Administrator, in consultation and cooperation with the Secretary of Health, Education, and Welfare and with other appropriate agencies, to conduct such research, development and monitoring as is necessary to carry out the purposes of this Act.

Directs the Administrator to coordinate with the Assistant Secretary for Health Research, a program for the development of rapid, reliable, and economical screening techniques for carcinogenic, mutagenic, teratogenic, and ecological effects of chemical substances and mixtures.

Provides for research programs aimed at the development of monitoring techniques for the detection of toxic chemical substances.

Requires the Administrator to establish a system of exchange among Federal, State, and local authorities of research results with respect to toxic chemical substances.

Authorizes the Administrator to inspect, after written notice, premises in which chemical substances or mixtures are manufactured, processed, or stored to determine whether the requirements of this Act have been complied with.

Requires the Secretary of the Treasury to refuse entry into the customs territory of the United States of any chemical substance, mixture, or article containing a chemical substance or mixture offered for entry if (1) it fails to conform with any rule in effect under this Act, or (2) it is otherwise prohibited pursuant to this Act from being distributed in commerce.

Permits disclosure of data received by the Administrator pursuant to this Act under limited circumstances, and prescribes criminal penalties for wrongful disclosure.

Enumerates civil and criminal penalties for violations of the provisions of this Act, and grants jurisdiction to Federal district courts to (1) specifically enforce such provisions and (2) entertain actions by citizens to enforce its provisions.

Prescribes procedures for any person to petition the Administrator to issue a rule for testing standards or regulation of hazardous substances.

Directs the Administrator to conduct a study of all Federal laws administered by the Administrator for the purpose of determining whether and under what conditions, if any, indemnification should be accorded any person as a result of any action taken by the Administrator under any law administered by such agency.

Authorizes the Secretary of Health, Education, and Welfare to make grants to public and nonprofit private entities, and to enter into contracts for the development and evaluation of methods of determining the health and environmental effects of chemical substances and mixtures.

Authorizes the Administrator to make grants to States for the establishment and operation of programs to prevent or eliminate unreasonable risks within the States to health or the environment which are associated with a chemical substance.

Requires specified employees and officials of the Environmental Protection Agency and the Department of Health, Education, and Welfare to annually file with their respective departments a written statement containing the financial and other interests held by such officer or employee during the preceeding calendar year.

Authorizes appropriations for fiscal years 1978 - 1980 to carry out the purposes of this Act.

Permits the Congress to veto any rule promulgated pursuant to this Act by resolution passed by either House of the Congress.