2601 et seq . ; TSCA), giving the U.S. Environmental Protection Agency (EPA) authority to regulate production and use of industrial chemicals not otherwise regulated in U.S. commerce. Thirty-five 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. Based on hearing testimony, stakeholders generally agree that TSCA needs to be updated, although there is disagreement about the extent and nature of any proposed revisions. Those previous bills proposed generally similar changes to TSCA that were summarized in CRS Report R41335, Proposed Amendments to the Toxic Substances Control Act (TSCA): Senate and House Bills Compared with Current Law . Therefore, this report compares key provisions of S. 847 , as introduced, with provisions of TSCA Title I (15 U.S.C. Minimum Data Set Requirements

S. 847 , as introduced, directs the EPA Administrator to establish varied or tiered minimum data set requirements for different chemical substances or categories of substances. Data sets would have to be submitted within five years of the date of enactment of S. 847 . Current law does not routinely require submission of data for chemicals, but EPA has the authority to require data submission if it promulgates a rule based on a finding that a chemical "may present an unreasonable risk of injury to health or the environment" and the agency demonstrates a data need. Prioritization of Chemicals

S. 847 directs the EPA Administrator to prioritize all chemicals already in commerce for evaluation and risk management by establishing a list that "contains the names of the chemical substances that … warrant placement within 1 of 3 priority classes … and identifies the priority class to which each listed chemical substance or category of chemical substance has been assigned by the Administrator." S. 847 would prohibit manufacture, processing, and distribution of any chemical substance for any use that had not been included in the safety determination issued for that chemical. In contrast, current law allows manufacture of and commerce in a chemical unless EPA promulgates a rule including a finding that a chemical presents or will present an "unreasonable risk" to human health or the environment. 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 regulate, but only to the extent necessary to reduce that risk to a reasonable level and using "the least burdensome" restriction. S. 847 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. One provision, for example, would require definition and listing of localities with populations that are "disproportionately exposed" to toxic chemicals. EPA would be directed to develop an action plan to reduce exposure in such "hot spots." Children's environmental health also is addressed by the bill. "Green chemistry and engineering" also would be promoted through grants. Finally, S. 847 would direct EPA to minimize use of animals in toxicity testing. Tables 1 through 6 summarize these and other selected provisions of S. 847 .
Thirty-five years of experience implementing and enforcing the Toxic Substances Control Act (TSCA) have demonstrated the strengths and weaknesses of the law and led many to propose legislative changes to TSCA's core provisions. Stakeholders appear to agree that TSCA needs to be updated, although there is disagreement about the extent and nature of any proposed revisions. S. 847 in the 112th Congress legislation would amend core provisions of TSCA Title I. This report compares key provisions of S. 847, as introduced, with current law (15 U.S.C. 2601 et seq.).
Generally, S. 847 would increase the amount of information about chemical toxicity and usage that chemical manufacturers and processors would be required to submit to the U.S. Environmental Protection Agency (EPA), and would facilitate EPA regulation of toxic chemicals. The bill directs EPA to establish, by rule, varied or tiered minimum data set requirements for different chemical substances or categories of substances. Data would be required from chemical manufacturers and processors for all chemicals within five years of the date of enactment of S. 847, earlier for high-priority chemicals. All chemicals already in commerce are to be placed on a list and prioritized by EPA into three groups based on the need for risk management. A chemical must be included in the highest priority class if it "is, or is degraded and metabolized into, a persistent, bioaccumulative, and toxic substance with the potential for widespread exposure to humans or other organisms." EPA is required to determine whether chemicals in the top two priority classes, as well as all new chemicals, meet a stringent new safety standard, given the imposition of any needed restrictions on manufacture, processing, distribution, use, or disposal. The bill would prohibit any activities with respect to an evaluated chemical substance that the EPA had not specifically allowed in the safety standard determination.
In contrast, current law authorizes data collection from manufacturers only if exposure is expected to be substantial or if EPA determines that a chemical may pose an unreasonable risk. TSCA as currently written allows all chemicals to enter and remain in commerce unless EPA can show that a chemical 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.
S. 847 also would add new sections to TSCA. Of particular significance is a section authorizing actions that would allow U.S. implementation of three international agreements, which the United States has signed but not yet ratified. Other new sections would provide authority for EPA to support research in so-called "green" engineering and chemistry, promote alternatives to toxicity testing on animals, encourage research on children's environmental health, and require biomonitoring of pregnant women and infants. A "hot spots" provision would require EPA to identify locations where residents are disproportionately exposed to pollution and to develop strategies for reducing their risks.
Key provisions of S. 847 are compared with current law in Tables 1 through 6.