Toxic Substances Control Act Improvements Amendments of 1983

Toxic Substances Control Act Improvements Amendments of 1983 - Amends the Toxic Substances Control Act (TSCA) to include under the definition of "chemical substance" any microorganism or other biological substance (thus providing for regulation under TSCA of "bioengineering" substances before they are genetically manufactured and sold).

Provides for voluntary testing agreements under TSCA. Authorizes the Administrator of the Environmental Protection Agency (EPA) to negotiate agreements with chemical manufactures or processors to conduct testing. Requires: (1) publication of proposed agreements; (2) at least a 60-day public comment period; and (3) recordkeeping of all information and data regarding such agreements. Authorizes the Administrator to reopen such agreements if changed circumstances require modification of such agreements.

Directs the Administrator to initiate appropriate action under specified TSCA provisions with respect to formaldehyde, not later than 180 days after enactment of this Act, taking into consideration both acute and chronic health effects associated with exposure to formaldehyde.

Requires, within six months after enactment of this Act, that specified rules be amended to require any person who treats, stores or disposes of hazardous waste containing polychlorinated biphenyls (PCBs) to certify to the generator of such hazardous waste, in a form and manner determined by the Administrator, that such treatment, storage, or disposal is carried out in compliance with all applicable legal requirements.

Prohibits the land disposal of liquid hazardous wastes containing specified concentrations of PCBs, effective 12 months after enactment of this Act, unless the Administrator determines that the prohibition on one or more methods of land disposal is not required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account the long-term uncertainties associated with land disposal, the goal of managing hazardous waste in an appropriate manner in the first instance, and the persistence, toxicity, mobility of such substances and its propensity to bioaccumulate.

Revises provisions for exemptions from specified PCB requirements to: (1) include specified circumstances where good faith efforts have been made to reduce the concentration of PCBs inadvertently manufactured; and (2) eliminate a one-year limit for such exemptions.

Requires that EPA regulation under TSCA regarding PCBs which are (or are contained in) hazardous waste shall conform in all significant respects to the requirements of regulations under hazardous waste management provisions of the Solid Waste Disposal Act, except with respect to any aspect of PCB regulations under TSCA which is more protective of health or the environment than a corresponding aspect of the regulations under hazardous waste management provisions of the Solid Waste Disposal Act.

Requires premanufacture testing of new chemical substances. Directs the Administrator, within two years after enactment of this Act, to promulgate a rule requiring the testing, before submission of specified manufacturing and processing notices, of each new chemical substance for which such a notice is required. Requires that such rule provide for a tiered system of tests designed to determine whether the manufacture, distribution in commerce, processing, use, or disposal of such new chemical substances, or any combination of such activities, may present an unreasonable risk of injury to health or the environment. Requires that such rule and any substantive amendment thereto be promulgated in accordance with specified provisions. Requires the person who intends to manufacture such chemical substance to conduct such testing. Permits exemptions from such rule under the same conditions as under other provisions for exemptions for new chemical substances. Authorizes the Administrator to also grant exemptions from such rule upon determination that such testing is not required by reason of the insubstantial quantities of the chemical substance which enter, or may reasonably be expected to enter, the environment or the insignificant or insubstantial human exposure to such substance. Terminates such exemptions if there is any significant change in the use of the chemical substance, the nature of exposure, or the production amount.

Revises the definition of "category of chemical substances" which are grouped together solely on the basis of their being new chemical substances.

Provides for an interim list of each chemical substance: (1) which is not required to be tested under the rule for testing new chemical substances before notice by reason of an exemption on the basis of insubstantial quantities entering the environment or insignificant or insubstantial human exposure; (2) to which an exemption from manufacturing and process notice requirements applies on the basis of the use of such chemical substance, the nature of exposure, or the production amount; or (3) which is subject to an order or agreement under specified provisions for regulation pending development of information. Directs the Administrator to maintain such list and publish it annually. Prohibits removal of any chemical substance from such list, unless the Administrator: (1) takes regulatory action respecting such substance under provisions for regulation of hazardous chemical substances and mixtures; or (2) determines that there is a reasonable basis to conclude that such substance is not, and does not have the potential of being, a carcinogen, mutagen, teratogen, or neurotoxin.

Requires that, if specified exemptions terminate by reason of any significant change in the use of the chemical substance, the nature of exposure, or production amount, the manufacturer or processor shall be: (1) subject to a specified manufacturing and processing notice requirement and prohibition; and (2) required to submit test data in accordance with the rule for testing new chemical substances before submission of such notice.

Makes conforming amendments to provide that any new chemical substance which is on the interim list: (1) shall be included under a specified manufacturing and processing prohibition; and (2) shall not be included on a list under specified provisions for reporting and retention of information.

Limits significant new use determinations, for purposes of the manufacturing and processing notice requirement and prohibition, to chemical substances listed under provisions for reporting and retention of information. Revises provisions relating to relevant factors to be considered in such significant use determination.

Authorizes the Administrator to issue certain administrative orders pending development of information if a determination is made that the available information is insufficient to permit a reasoned evaluation of the health and environmental effects of a chemical substance with respect to which a manufacturing and processing notice is required. Eliminates provisions which condition such authority on determinations relating to the unreasonable risk the substance may present or the amount of production, environmental entry, or human exposure.

Authorizes U.S. district courts to issue certain injunctions pending development of information if a finding is made of insufficient information to make a reasoned evaluation (similar to that required for such EPA administrative orders). Eliminates provisions conditioning such authority on findings relating to unreasonable risk, production amount, environmental entry, or human exposure.

Revises provisions regarding TSCA relationship to other Federal laws. Repeals the prohibition against the Administrator's promulgating a rule under TSCA provisions for regulation of hazardous chemical substances and mixtures whenever the risk of injury to health or the environment could be sufficiently eliminated or reduced by actions taken under other Federal laws administered by the Administrator. Repeals other prohibitions against the Administrator's acting in specified circumstances under hazardous substances or imminent hazard provisions of TSCA until other Federal agencies have received reports and have had an opportunity to respond under other Federal laws. Directs the Administrator, at least 20 days before proposing action to prevent or reduce an unreasonable risk, to give notice of such intended action to any other agency that administers a Federal law under which such risk might be prevented. Repeals requirements that the Administrator use authorities contained in other Federal laws to prevent or eliminate specified risks before using authority under TSCA.

Revises TSCA confidentiality provisions.

Provides that the disclosure of specified information relating to hazardous waste treatment, storage, or disposal is not prohibited under TSCA.

Requires that a full and complete explanation of the reasons that each item of data submitted under specified TSCA provisions is entitled to confidentiality accompany any designation of such data as confidential.

Shortens the waiting period for release of information from 30 days to 15 days in the case of specified data.

Provides that the five-day deadline for publication of specified information required to be disclosed to the public shall be suspended: (1) for a period of ten days, if a designation of confidentiality is made; or (2) until the resolution of any disagreement of the Administrator with the designation of any item of such information as confidential.

Provides that the 90-day waiting period before manufacturing or processing shall begin on the date on which an agreement is reached regarding a designation of confidentiality by a person submitting a manufacturing or processing notice.

Increases criminal penalties under TSCA.

Requires that any rulemaking proceeding for a chemical substance or mixture on the priority list be completed within 18 months after the date of enactment of this Act or the date on which such proceeding began, whichever is later.

Includes jurisdiction over enforcement proceedings under provisions for judicial review of specified rules under TSCA.

Authorizes appropriations to the Administrator for TSCA for FY 1985 through 1987.