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 unreasonalbe 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 such 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 cannot 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.
Directs 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 to establish a list of chemical substances which the Adminstrator finds are likely to pose a substantial danger to health or environment. Provides that a chemical substance placed on such list which was manufactured and distributed in commerce prior to its listing may not be manufactured and placed in commerce for a new use unless the manufacturer or distributor submits applicable test data with respect to such intended new use. Requires the submission of test data for such listed chemical substances which were not manufactured or distributed in commerce prior to such listing before such chemical substance may be distributed in commerce.
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 belive 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 Administraor 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, retailer, 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.
Exempts tobacco and tobacco products, pesticides, and drugs, devices, or cosmetics from the provisions of this Act.
Prohibits the Adminstrator from taking action under this Act if any risks to health or environment could be prevented by employing existing Federal law.
Establishes within the Environmental Protection Agency a Chemical Substances Board.
Makes it the duty of the Board to assist and advise the Administrator in carrying out 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. Establishes procedures for the issuance of administration 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 representaive 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.
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.
Authorizes to be appropriated not to exceed $9,240,000, $11,100,000, and $10,100,000 for the fiscal years 1974, 1975, and 1976, respectively, for the purposes and administration of this Act. Stipulates that no part of the funds so authorized to be appropriated shall 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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