Expanding Transparency of Information and Safeguarding Toxics (EtO is Toxic) Act of 2019

II 116TH CONGRESS 1ST SESSION S. 451 To modernize the National Air Toxics Assessment, the Integrated Risk Infor- mation System, and the Agency for Toxic Substances and Disease Reg- istry, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 12, 2019 Ms. DUCKWORTH (for herself and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To modernize the National Air Toxics Assessment, the Inte- grated Risk Information System, and the Agency for Toxic Substances and Disease Registry, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Expanding Trans- 4 parency of Information and Safeguarding Toxics (EtO is 5 Toxic) Act of 2019’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 451 IS (1) AIR ASSESSMENT.—The term ‘‘Air Assess- 1 ment’’ means the National Air Toxics Assessment 2 published by the EPA Administrator. 3 (2) ATSDR ADMINISTRATOR.—The term 4 ‘‘ATSDR Administrator’’ means the Administrator 5 of the Agency for Toxic Substances and Disease 6 Registry of the Department of Health and Human 7 Services. 8 (3) EPA ADMINISTRATOR.—The term ‘‘EPA 9 Administrator’’ means the Administrator of the En- 10 vironmental Protection Agency. 11 (4) INFORMATION SYSTEM.—The term ‘‘Infor- 12 mation System’’ means the Integrated Risk Informa- 13 tion System of the EPA Administrator. 14 SEC. 3. STRENGTHENING AND IMPROVING AIR ASSESS- 15 MENT. 16 (a) FINDINGS.—Congress finds that— 17 (1) since 1996, the Air Assessment has helped 18 Federal, State, and local air quality specialists deter- 19 mine which air toxics and emission source types may 20 raise health risks in certain communities; 21 (2) the Air Assessment is released every 3 22 years, and the data in the National Air Toxics As- 23 sessment is used— 24 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 451 IS (A) to identify locations of interest for fur- 1 ther study; 2 (B) to prioritize pollutants and emission 3 sources; and 4 (C) to inform monitoring programs; and 5 (3) the Air Assessment is a key public health 6 tool that helps reduce cancer risks and other serious 7 health effects. 8 (b) PUBLICATION REQUIREMENTS.—The EPA Ad- 9 ministrator shall publish— 10 (1) an updated Air Assessment not less fre- 11 quently than once every 2 years; 12 (2) each updated Air Assessment described in 13 paragraph (1) not later than 180 days after the date 14 on which the data for the Air Assessment have been 15 finalized by the EPA Administrator; and 16 (3) a report describing the results of each up- 17 dated Air Assessment in the Federal Register. 18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 19 authorized to be appropriated $20,000,000 to the EPA 20 Administrator to carry out the Air Assessment for fiscal 21 year 2020 and each fiscal year thereafter. 22 SEC. 4. ENSURING TIMELY REVIEW OF PUBLIC HEALTH 23 RISKS THROUGH INFORMATION SYSTEM. 24 (a) FINDINGS.—Congress finds that— 25 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 451 IS (1) the Information System is a critical tool to 1 help protect public health by identifying and charac- 2 terizing the health hazards of chemicals found in the 3 environment; and 4 (2) assessments conducted under the Informa- 5 tion System are— 6 (A) an important source of toxicity infor- 7 mation used by— 8 (i) State and local health agencies; 9 (ii) other Federal agencies; and 10 (iii) international health organiza- 11 tions; and 12 (B) used— 13 (i) to inform clean-up decisions at— 14 (I) sites on the National Prior- 15 ities List developed by the President 16 in accordance with section 17 105(a)(8)(B) of the Comprehensive 18 Environmental Response, Compensa- 19 tion, and Liability Act of 1980 (42 20 U.S.C. 9605(a)(8)(B)); and 21 (II) other contaminated sites; 22 (ii) to set standards to ensure clean 23 drinking water; 24 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 451 IS (iii) to assess health risks from toxic 1 air emissions; and 2 (iv) to evaluate health risks of chemi- 3 cals in commerce. 4 (b) REQUIREMENTS.— 5 (1) ASSESSMENTS.— 6 (A) CONSIDERATION.—If an assessment of 7 a chemical has been conducted under the Infor- 8 mation System, the EPA Administrator shall 9 take into consideration the data obtained by 10 that assessment when conducting a rulemaking 11 with respect to that chemical. 12 (B) RELEASE.—Not later than 180 days 13 after the date on which an assessment of a 14 chemical is completed under the Information 15 System, the EPA Administrator shall publish 16 the assessment in the Federal Register. 17 (C) ADDITIONAL REVIEW.— 18 (i) IDENTIFICATION.— 19 (I) IN GENERAL.—Not later than 20 60 days after the date on which an 21 assessment of a chemical is completed 22 under the Information System that 23 determines that the chemical poses an 24 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 451 IS adverse public health risk, the EPA 1 Administrator shall— 2 (aa) consult with the direc- 3 tors of the regional offices of the 4 Environmental Protection Agency 5 regarding the determination; and 6 (bb) identify each facility 7 that is a significant source of the 8 chemical to determine whether 9 the facility poses an adverse pub- 10 lic health risk. 11 (II) PUBLICATION.—After com- 12 pleting the identification of facilities 13 under subclause (I)(bb), the EPA Ad- 14 ministrator shall immediately— 15 (aa) notify Congress of the 16 identification; and 17 (bb) make publicly available 18 a list describing each facility 19 identified. 20 (III) CONTINUOUS MONI- 21 TORING.—The EPA Administrator 22 shall require the continuous moni- 23 toring of each facility identified under 24 subclause (I)(bb) for the chemical de- 25 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 451 IS termined to have an adverse public 1 health risk as a result of an assess- 2 ment referred to in subclause (I). 3 (ii) ADDITIONAL REVIEW.— 4 (I) IN GENERAL.—The EPA Ad- 5 ministrator shall examine each facility 6 identified under clause (i)(I)(bb) to 7 determine whether the facility poses 8 an adverse public health risk. 9 (II) NOTIFICATION.—Not later 10 than 7 days after the EPA Adminis- 11 trator completes the additional review 12 under subclause (I)— 13 (aa) the EPA Administrator 14 shall— 15 (AA) publish the results 16 of the additional review; and 17 (BB) notify Congress of 18 the results described in 19 subitem (AA); and 20 (bb) on a determination that 21 the applicable facility poses an 22 adverse public health risk, the di- 23 rector of the applicable regional 24 office of the Environmental Pro- 25 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 451 IS tection Agency shall notify each 1 affected State and local public 2 health official and the public of 3 the adverse public health risk. 4 (D) APPROVAL OF MAXIMUM ACHIEVABLE 5 CONTROL TECHNOLOGY.—If a maximum 6 achievable control technology (within the mean- 7 ing of the Clean Air Act (42 U.S.C. 7401 et 8 seq.)) is available for a facility identified under 9 subparagraph (C)(i)(I)(bb), the EPA Adminis- 10 trator shall expedite the permitting of that 11 maximum achievable control technology at the 12 facility. 13 (2) TOXICS RELEASE INVENTORY.—Section 14 313(c) of the Emergency Planning and Community 15 Right-To-Know Act (42 U.S.C. 11023(c)) is amend- 16 ed— 17 (A) by striking the period at the end and 18 inserting ‘‘; and’’; 19 (B) by striking ‘‘are those chemicals’’ and 20 inserting the following: ‘‘are— 21 ‘‘(1) those chemicals’’; and 22 (C) by adding at the end the following: 23 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 451 IS ‘‘(2) chemicals identified as carcinogenic by an 1 assessment under the Integrated Risk Information 2 System of the Administrator.’’. 3 (c) PROHIBITION.—The EPA Administrator may not 4 transfer the Information System outside of the Office of 5 Research and Development of the Environmental Protec- 6 tion Agency. 7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 8 authorized to be appropriated $20,000,000 to the EPA 9 Administrator to carry out the duties of the Information 10 System for fiscal year 2020 and each fiscal year there- 11 after. 12 SEC. 5. IMPROVING COORDINATION BETWEEN ENVIRON- 13 MENTAL PROTECTION AGENCY AND AGENCY 14 FOR TOXIC SUBSTANCES AND DISEASE REG- 15 ISTRY; COMMUNITY OUTREACH DIVISION. 16 Section 104(i) of the Comprehensive Environmental 17 Response, Compensation, and Liability Act of 1980 (42 18 U.S.C. 9604(i)) is amended by adding at the end the fol- 19 lowing: 20 ‘‘(19) CONSULTATIONS REQUIRED.—Not less 21 frequently than once every 90 days, the Adminis- 22 trator of ATSDR shall consult with the Assistant 23 Administrators for the Office of Research and Devel- 24 opment, the Office of Land and Emergency Manage- 25 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 451 IS ment, the Office of Air and Radiation, and the Of- 1 fice of Chemical Safety and Pollution Prevention of 2 the Environmental Protection Agency, and the direc- 3 tor of any other office of the Environmental Protec- 4 tion Agency determined to be appropriate by the Ad- 5 ministrator of ATSDR, regarding— 6 ‘‘(A) the future schedule of assessments of 7 chemicals to be conducted under the Integrated 8 Risk Information System of the Administrator 9 of EPA; 10 ‘‘(B) the results of existing assessments 11 conducted under the Integrated Risk Informa- 12 tion System of the Administrator of EPA; and 13 ‘‘(C) the concerns of the Administrator of 14 ATSDR that merit additional review, if any. 15 ‘‘(20) REASSESSMENTS.— 16 ‘‘(A) DEFINITIONS.—In this paragraph: 17 ‘‘(i) HEALTH ASSESSMENT.—The 18 term ‘health assessment’ means a health 19 assessment completed by the Administrator 20 of ATSDR under paragraph (6). 21 ‘‘(ii) HEALTH CONSULTATION.—The 22 term ‘health consultation’ means a written 23 response from the Administrator of 24 ATSDR to a specific request for informa- 25 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 451 IS tion about health risks related to a specific 1 site, a specific chemical release, or the 2 presence of hazardous materials in a spe- 3 cific area. 4 ‘‘(B) DETERMINATION.—On receiving in- 5 formation from a consultation under paragraph 6 (19) that the Integrated Risk Information Sys- 7 tem of the Administrator of EPA will be con- 8 ducting an assessment of a chemical, the Ad- 9 ministrator of ATSDR shall determine which 10 health assessments or health consultations, as 11 applicable, need to be reevaluated if the assess- 12 ment results in a determination that the chem- 13 ical poses a new adverse public health risk. 14 ‘‘(C) REEVALUATION.— 15 ‘‘(i) IN GENERAL.—Not later than 30 16 days after the date on which an assess- 17 ment conducted by the Integrated Risk In- 18 formation System of the Administrator of 19 EPA results in a determination that a 20 chemical has a new adverse public health 21 risk, the Administrator of ATSDR shall re- 22 evaluate each health assessment and health 23 consultation, as applicable, identified under 24 subparagraph (B). 25 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 451 IS ‘‘(ii) NOTIFICATION TO CONGRESS.— 1 Not later than 14 days after the date on 2 which the Administrator of ATSDR begins 3 a reevaluation under clause (i), the Admin- 4 istrator of ATSDR shall notify Congress 5 that the reevaluation is being conducted. 6 ‘‘(iii) PUBLICATION.—Not later than 7 30 days after the date of completion of a 8 reevaluation under clause (i), the Adminis- 9 trator of ATSDR shall— 10 ‘‘(I) publish in the Federal Reg- 11 ister any revisions to a health assess- 12 ment or a health consultation, as ap- 13 plicable, as a result of the reevalua- 14 tion; and 15 ‘‘(II) notify Congress of the revi- 16 sions described in subclause (I). 17 ‘‘(21) PERSONAL EXPOSURE TESTING.—The 18 Administrator of ATSDR, in coordination with the 19 Administrator, shall administer personal exposure 20 tests for a chemical that has a new adverse public 21 health risk as described in paragraph (20)(B)(i), as 22 available, to vulnerable populations, including chil- 23 dren and the elderly. 24 ‘‘(22) COMMUNITY OUTREACH DIVISION.— 25 VerDate Sep 11 2014 01:13 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 451 IS ‘‘(A) ESTABLISHMENT.—The Adminis- 1 trator of ATSDR shall establish within the Of- 2 fice of Communication of ATSDR a division, to 3 be known as the ‘Community Outreach Divi- 4 sion’. 5 ‘‘(B) PURPOSE.—The purpose of the Com- 6 munity Outreach Division shall be— 7 ‘‘(i) to include communities when de- 8 termining the priority of chemicals to un- 9 dergo review by ATSDR; and 10 ‘‘(ii) to communicate risk assessments 11 to affected communities. 12 ‘‘(23) AUTHORIZATION OF APPROPRIATIONS.— 13 There is authorized to be appropriated $70,000,000 14 to carry out the duties of the ATSDR for fiscal year 15 2020 and each fiscal year thereafter.’’. 16 SEC. 6. DATA SAMPLING. 17 If the ATSDR Administrator requests the EPA Ad- 18 ministrator to conduct a sample for a chemical that poses 19 an adverse public health risk and the EPA Administrator 20 rejects that request, the EPA Administrator shall submit 21 to Congress a notice describing— 22 (1) the request; and 23 (2) the reasons for rejecting the request. 24 Æ VerDate Sep 11 2014 00:19 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\S451.IS S451 pamtmann on DSKBFK8HB2PROD with BILLS