Toxic Substances Control Act

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 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 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.

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.

Requires a manufacturer or importer of a new chemical substance to notify the Administrator of the planned manufacture or importation of such substance at least 90 days in advance thereof and to submit the applicable test data.

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 to the substance. Provides the Administrator with criteria for formulating such rules.

Permits the Administrator to formulate qualfity 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 qualify 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 substance 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.

Directs the President to appoint an Administrator for Toxic Substance. Directs the Administrator to conduct such research and monitoring as is necessary to carry out the purposes of this Act. Directs the Administrator to establish an efficient system for the retrieval of toxicological data.

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.

Provides that this Act shall not apply to any chemical substances 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 ro 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. district 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.

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.

Directs the Administrator of the Environmental Protection Agency to commission a study by a university or recognized research center of all Federal laws administered by such agency. Provides that such study shall be for the purposes of determining whether indemnification should be accorded any person as a result of any action taken by, the Administrator under any law administered by such agency.

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.