; (II) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.); or (III) section 112(r) of the Clean Air Act ( 42 U.S.C. 7412(r) ). (ii) Testing has produced evidence recognized by the National Institute for Occupational Safety and Health or the Environmental Protection Agency that the substance, mixture, or compound poses acute or chronic health hazards. (iii) The Administrator or the Secretary of Health and Human Services has issued a public health advisory for the substance, mixture, or compound. (iv) Exposure to the substance, mixture, or compound is shown by expert testimony recognized by the Environmental Protection Agency to increase the risk of developing a latent disease. (v) The substance, mixture, or compound is a perfluoroalkyl or polyfluoroalkyl substance. (B) Exclusions The term toxic substance does not include— (i) a pesticide applied— (I) in accordance with Federal, State, and local laws (including regulations); and (II) in accordance with the instructions of the manufacturer of the pesticide