Replacement Parts Availability Act

Section 6(c)(2)(D) of the Toxic Substances Control Act (15 U.S.C. 2605(c)(2)(D)) is amended—

(1) by redesignating clause (ii) as clause (vi); and

(2) in clause (i), to read as follows:

The Administrator shall exempt replacement parts for complex durable goods and complex consumer goods that are designed prior to the date of publication in the Federal Register of the rule under subsection (a).

The Administrator may only regulate replacement parts if the Administrator—

(I) finds through the risk evaluation conducted under subsection (b)(4)(A) that such replacement parts contribute significantly to the risk to the general population or to an identified potentially exposed or susceptible subpopulation; and

(II) makes an express written determination for such replacement parts, supported by substantial evidence in the risk evaluation, that the replacement part alone contributes significantly to the risk to the general population or to an identified potentially exposed or susceptible subpopulation.

When replacement parts are excluded from a risk evaluation under subsection (b), any rule issued under subsection (a) shall constitute final agency action for the exclusion of replacement parts for complex durable goods or complex consumer goods that were designed prior to the date of publication of such rule.

(I) The Administrator shall not prohibit the manufacture, processing, or import of a chemical substance to the extent that such chemical substance is necessary for the manufacture of replacement parts exempted under this section.

(II) The Administrator shall establish procedures to ensure that such manufacture, processing, or import is limited exclusively to the manufacturer of replacement parts.

Any prohibition or restriction on replacement parts for complex durable goods permitted under this subparagraph shall allow for a transition period of not less than 10 years.

Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is amended:

(1) In paragraph (1), by striking the term and inserting The term; and

(2) In paragraph 15(B)(i), by striking are and inserting is.