“To amend the Toxic Substances Control Act to clarify the exemption for replacement parts, and for other purposes.”
No CRS summary available for this bill.
This section revises the Toxic Substances Control Act (TSCA) exemption from chemical risk management rules for replacement parts by (1) generally exempting replacement parts for complex durable goods and complex consumer goods designed prior to a rule's Federal Register publication date; (2) permitting regulation of such parts only if a risk evaluation finds they significantly contribute to population risk and the Administrator issues an express determination supported by substantial evidence; (3) clarifying that exclusion from risk evaluation under TSCA section 6(b) constitutes final agency action for the exemption; (4) prohibiting regulation of upstream manufacture, processing, or import of chemicals necessary for exempted parts (limited via procedures to replacement part manufacturers); and (5) requiring a transition period of at least 10 years for any permitted prohibition or restriction. (Thus, manufacturers of aftermarket parts for pre-existing equipment are protected from routine chemical bans under TSCA.) It also makes technical corrections to TSCA definitions.