	Introduction

In 1976, President Gerald R. Ford signed the Toxic Substances Control Act (TSCA) , giving the U.S. Environmental Protection Agency (EPA) authority to regulate production and use of industrial chemicals in U.S. commerce in the interest of protecting health and the environment from unreasonable risks. Thirty-seven years of experience with TSCA implementation and enforcement have demonstrated the strengths and weaknesses of the law and led many to propose legislative changes to TSCA's core provisions in Title I. This CRS report compares key provisions of S. 696 and S. 1009 with provisions of TSCA Title I (15 U.S.C. 2601 et seq.) S. 1009 also would amend TSCA Title I provisions significantly but without adding most of the new provisions in S. 696 . S. 696 would require submission to EPA of a minimum information set by each manufacturer and processor of a new chemical substance or, as specified by the Administrator, of an existing chemical. S. 1009 would require EPA to publish a statement identifying and explaining the need for data. The bill would require the EPA Administrator to screen and prioritize all chemicals on the inventory for the purposes of risk assessment, safety standard determinations, and risk management. If EPA demonstrates that a risk associated with a chemical is unreasonable (relative to the benefits provided by the chemical and the estimated risks and benefits of any alternatives), the Agency is required to initiate rulemaking, but only to the extent necessary to reduce that risk to a reasonable level and using "the least burdensome" restriction. S. 696 would require manufacturers of chemicals to supply scientific data sufficient for EPA to conclude, based on a risk assessment, that the chemical would meet the safety standard: "there is a reasonable certainty that no harm will result to human health or the environment from aggregate exposure to the chemical substance" under the use conditions evaluated and specified by EPA. S. 1009 is similar to the current statute in that it would allow manufacture and processing of, and commerce in, a chemical until EPA identified it as high priority and determined that it did not meet the safety standard for the intended conditions of use. The proposed amendments to TSCA also would increase public access to information about EPA's decisions and to some information about chemicals that currently is treated as confidential business information. S. 696 would authorize EPA activities not currently authorized under TSCA to allow implementation of three international agreements pertaining to persistent organic pollutants and other hazardous chemicals. For example, the proposal would authorize EPA to regulate chemicals manufactured solely for export. S. 1009 is similar to the current statute, providing EPA with broad authority and mandates to require data and to restrict chemical use to ensure no unreasonable risk of harm from exposure. S. 696 would significantly simplify this section of TSCA. S. 1009 would preempt state laws, new and existing , that (1) require testing or information "reasonably likely to produce the same data and information required" by rule, consent agreement, or order under proposed TSCA Section 4, 5, or 6; (2) prohibit or restrict the manufacturing, processing, distribution in commerce, or use of a chemical after issuance of a completed safety determination under proposed TSCA Section 6; or (3) require notification for a significant new use of a chemical if EPA requires notification under proposed TSCA Section 5. 2613] protects proprietary confidential information submitted to EPA about chemicals in commerce. Disclosure of confidential business information (CBI) is required when "necessary to protect health or the environment against an unreasonable risk of injury to health or the environment." Miscellaneous Provisions

Several new provisions would be included in an amended TSCA under S. 696 , but not under S. 1009 . EPA would be directed to develop an action plan to reduce exposure in such "hot spots." The study would be designed to determine whether the chemical in fact was present in pregnant women and infants. Children's environmental health also is addressed by S. 696 . In addition, "green chemistry and engineering" would be promoted through grants. In the remainder of this CRS report, Tables 1 through 6 summarize selected provisions of S. 696 and S. 1009 , as introduced, and current TSCA.
Thirty-seven years of experience implementing and enforcing the Toxic Substances Control Act (TSCA) since its enactment have demonstrated the strengths and weaknesses of the law and led many to propose legislative changes to TSCA's core provisions. The Safe Chemicals Act (S. 696) and the Chemical Safety Improvement Act (S. 1009) introduced in the 113th Congress would amend TSCA Title I. This CRS report compares key provisions of S. 696 and S. 1009 with the language of the current statute (15 U.S.C. 2601 et seq.).
Existing Law
TSCA as enacted authorizes the Environmental Protection Agency (EPA) to require manufacturers to develop data about chemical toxicity and exposure if EPA determines that a chemical may pose an unreasonable risk, or if chemical exposure is expected to be substantial. TSCA allows a chemical to enter and remain in commerce unless EPA can show that it poses "an unreasonable risk of injury to health or the environment." EPA then must regulate to control unreasonable risk, but only to the extent necessary using the "least burdensome" means of available control. This TSCA standard has been interpreted to require cost-benefit balancing. The current statute preempts state and local laws regarding chemicals specifically regulated by EPA.
Proposed Legislation
S. 696 would amend TSCA to require chemical manufacturers and processors to submit specified information about the toxicity and usage of chemicals in commerce to EPA. The information would be used by EPA to determine whether a chemical would meet the safety standard of "a reasonable certainty of no harm from aggregate exposure," given the imposition of any needed restrictions on manufacture, processing, distribution, use, or disposal. S. 696 would prohibit uses of evaluated chemical substances unless they were determined by EPA to meet the safety standard. S. 696 would increase public access to information about EPA's decisions and to some information about chemicals that currently is treated as confidential business information. S. 696 would rarely preempt state and local laws.
S. 1009 would authorize EPA to require manufacturers to develop new information if EPA can show need in the context of an evaluative framework for chemical risk assessment and management. The bill would require EPA to screen all chemicals in commerce and assign each to one of three categories:
high priority for risk assessment, low priority for risk assessment, or in need of additional information.
S. 1009 would require EPA regulation, by rule or order, ensuring "no unreasonable risk of harm from exposure" to a chemical under the intended conditions of use. S. 1009 would preempt new state and local laws for chemicals identified as high or low priority.
Both Senate bills would evaluate the existing inventory of chemicals in U.S. commerce since 1976 to allow prioritization of the estimated 9,000 chemicals currently produced and used in the United States. In addition, both bills would explicitly require manufacturers to substantiate some requests for protection of confidential business information from public disclosure.
S. 696 (but not S. 1009) also would add a new section to TSCA to allow U.S. implementation of three international agreements. S. 1009 would amend an existing section of TSCA to allow implementation of one treaty. Other provisions included in S. 696 would authorize EPA to support research in "green" engineering and chemistry, promote alternatives to toxicity testing on animals, encourage research on children's environmental health, require biomonitoring of pregnant women and infants, require EPA to identify "hot spots" where residents are exposed disproportionately to pollution, and direct EPA to develop strategies for reducing their risks.
Key provisions of S. 696 and S. 1009 are compared with current statute in Tables 1 through 6 of this CRS report.