A bill to regulate commerce and protect human health and the environment by requiring testing and necessary use restrictions on certain chemical substances.
Toxic Substances Control Act - Declares it to be the policy of the United States that hazardous and potentially hazardous chemical substances should be adequately tested with respect to their effects on health and the environment and that such testing should be the responsibility of those who manufacture, import, or process such chemical substances.
Provides that if the Administrator of the Environmental Protection Agency determines that a chemical substance presents an unreasonable risk to health or the environment, he shall, by rule, prescribe criteria for data development for such substance. Provides that if the Administrator determines that there is insufficient data upon which to conclude that an unreasonable risk to health or the environment does not exist, he may, by rule, prescribe criteria for data development for such substance.
Directs the Administrator to establish and periodically revise a list of not less than 300 chemicals which are the highest priority candidates for the establishment of criteria for data development. Requires the publication of such list in the Federal Register.
Directs the Administrator to compile a list of chemical substances which may pose an unreasonable risk to health or the environment. Specifies the factors to be considered in compiling such list.
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 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.
Exempts pesticides, food, and drugs from the provisions of this Act. Permits the Administrator to inspect and examine the records and properties of persons to the extent that such records and properties relate to the manufacture, processing, or distribution in commerce of chemical substances subject to this Act.
Specifies procedures for the issuance and execution of administrative inspection warrants. Provides that this Act shall not apply to any chemical substances which are 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 contain 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.
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. Declares that the Administrator shall waive compliance with 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 defense.
Stipulates that no employer may discharge any employee because the employee has in any way participated in any action to carry out the purposes of this Act.
Authorizes to be appropriated a sum not to exceed $11,100,000 for fiscal year 1976; a sum not to exceed $2,600,000 for the transitional quarter; and a sum not to exceed $10,100,000 for fiscal year 1977. Stipulates that no part of such sums be used to construct any research laboratories.
Introduced in House
Introduced in House
Referred to House Committee on Interstate and Foreign Commerce.
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