[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2576 Placed on Calendar Senate (PCS)]
Calendar No. 143
114th CONGRESS
1st Session
H. R. 2576
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2015
Received
July 8, 2015
Read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To modernize the Toxic Substances Control Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``TSCA Modernization
Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Testing of chemical substances and mixtures.
Sec. 4. Regulation of hazardous chemical substances and mixtures.
Sec. 5. Relationship to other Federal laws.
Sec. 6. Disclosure of data.
Sec. 7. Effect on State law.
Sec. 8. Administration of the Act.
Sec. 9. Conforming amendments.
SEC. 2. DEFINITIONS.
Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is
amended--
(1) by redesignating paragraphs (7) through (14) as
paragraphs (8) through (10) and (12) through (16),
respectively;
(2) by inserting after paragraph (6) the following:
``(7) The term `intended conditions of use' means the circumstances
under which a chemical substance is intended, known, or reasonably
foreseeable to be manufactured, processed, distributed in commerce,
used, and disposed of.''; and
(3) by inserting after paragraph (10), as so redesignated,
the following:
``(11) The term `potentially exposed subpopulation' means a group
of individuals within the general population who, due to either greater
susceptibility or greater potential exposure, are likely to be at
greater risk than the general population of adverse health effects from
exposure to a chemical substance.''.
SEC. 3. TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.
Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(iii), by striking ``; or''
and inserting a semicolon;
(B) in subparagraph (B)(iii), by striking ``; and''
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) testing of a chemical substance is necessary to
conduct a risk evaluation under section 6(b); and'';
(2) in the matter following subsection (a)(2), by inserting
``, order, or consent agreement'' after ``by rule''; and
(3) in subsection (b)(5), by striking ``paragraph (1)(A) or
(1)(B)'' and inserting ``paragraph (1)(A), (1)(B), or (1)(C)''.
SEC. 4. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND MIXTURES.
(a) Scope of Regulation.--Section 6(a) of the Toxic Substances
Control Act (15 U.S.C. 2605(a)) is amended--
(1) by striking ``finds that there is a reasonable basis to
conclude'' and inserting ``determines under subsection (b)'';
(2) by inserting ``or designates a chemical substance under
subsection (i)(2),'' before ``the Administrator shall by
rule''; and
(3) by striking ``to protect adequately against such risk
using the least burdensome requirements'' and inserting ``so
that the chemical substance or mixture no longer presents or
will present an unreasonable risk, including an identified
unreasonable risk to a potentially exposed subpopulation''.
(b) Risk Evaluations.--Section 6(b) of the Toxic Substances Control
Act (15 U.S.C. 2605(b)) is amended to read as follows:
``(b) Risk Evaluations.--
``(1) In general.--The Administrator shall conduct risk
evaluations pursuant to this subsection to determine whether or
not a chemical substance presents or will present, in the
absence of requirements under subsection (a), an unreasonable
risk of injury to health or the environment.
``(2) Applying requirements.--The Administrator shall apply
requirements with respect to a chemical substance through a
rule under subsection (a) only if the Administrator determines
through a risk evaluation under this subsection, without
consideration of costs or other non-risk factors, that the
chemical substance presents or will present, in the absence of
such requirements, an unreasonable risk of injury to health or
the environment.
``(3) Conducting risk evaluation.--
``(A) Required risk evaluations.--The Administrator
shall conduct and publish the results of a risk
evaluation under this subsection for a chemical
substance if--
``(i) the Administrator determines that the
chemical substance may present an unreasonable
risk of injury to health or the environment
because of potential hazard and a potential
route of exposure under the intended conditions
of use; or
``(ii) a manufacturer of the chemical
substance requests such a risk evaluation in a
form and manner prescribed by the
Administrator.
``(B) TSCA work plan chemicals.--The Administrator
may, without making a determination under subparagraph
(A)(i), conduct and publish the results of a risk
evaluation under this subsection for a chemical
substance that, on the date of enactment of the TSCA
Modernization Act of 2015, is listed in the TSCA Work
Plan for Chemical Assessments published by the
Administrator.
``(4) Requirements.--In conducting a risk evaluation under
this subsection, the Administrator shall--
``(A) integrate and assess information on hazards
and exposures for all of the intended conditions of use
of the chemical substance, including information that
is relevant to specific risks of injury to health or
the environment and information on potentially exposed
subpopulations;
``(B) not consider information on cost and other
factors not directly related to health or the
environment;
``(C) take into account, where relevant, the likely
duration, intensity, frequency, and number of exposures
under the intended conditions of use of the chemical
substance;
``(D) describe the weight of the scientific
evidence for identified hazard and exposure;
``(E) consider whether the weight of the scientific
evidence supports the identification of doses of the
chemical substance below which no adverse effects can
be expected to occur; and
``(F) in the case of a risk evaluation requested by
a manufacturer under paragraph (3)(A)(ii), ensure that
the costs to the Environmental Protection Agency,
including contractor costs, of conducting the risk
evaluation are paid for by the manufacturer.
``(5) Deadlines.--
``(A) Risk evaluations.--The Administrator shall
conduct and publish a risk evaluation under this
subsection for a chemical substance as soon as
reasonably possible, subject to the availability of
resources, but not later than--
``(i) 3 years after the date on which the
Administrator--
``(I) makes a determination under
paragraph (3)(A)(i); or
``(II) begins the risk evaluation
under paragraph (3)(B); or
``(ii) in the case of a risk evaluation
requested by a manufacturer under paragraph
(3)(A)(ii), 2 years after the later of the date
on which--
``(I) the manufacturer requests the
risk evaluation; or
``(II) if applicable, the risk
evaluation is initiated pursuant to
subparagraph (B).
``(B) Deadline adjustment.--If the Administrator
receives more requests for risk evaluations under
paragraph (3)(A)(ii) than the Administrator has
resources to conduct by the deadline under subparagraph
(A)(ii)(I) (taking into account the requirement in
paragraph (4)(F)), the Administrator shall--
``(i) initiate risk evaluations that exceed
the Administrator's allotted resources as soon
as resources for such risk evaluations are
available; and
``(ii) not collect a fee under section 26
from the manufacturer for a risk evaluation
until the Administrator initiates the risk
evaluation.
``(C) Subsection (a) rules.--If, based on a risk
evaluation conducted under this subsection, the
Administrator determines, without consideration of
costs or other non-risk factors, that a chemical
substance presents or will present, in the absence of a
rule under subsection (a), an unreasonable risk of
injury to health or the environment, the Administrator
shall--
``(i) propose a rule under subsection (a)
for the chemical substance not later than 1
year after the date on which the risk
evaluation regarding such chemical substance is
published under subparagraph (A); and
``(ii) publish in the Federal Register a
final rule not later than 2 years after the
date on which the risk evaluation regarding
such chemical substance is published under
subparagraph (A).
``(D) Extension.--If the Administrator determines
that additional information is necessary to make a risk
evaluation determination under this subsection, the
Administrator may extend the deadline under
subparagraph (A) accordingly, except that the deadline
may not be extended to a date that is later than--
``(i) 90 days after receipt of such
additional information; or
``(ii) 2 years after the deadline being
extended under this subparagraph.
``(6) Determinations of no unreasonable risk.--
``(A) Notice and comment.--Not later than 30 days
before publishing a final determination under this
subsection that a chemical substance does not and will
not present an unreasonable risk of injury to health or
the environment, the Administrator shall make a
preliminary determination to such effect and provide
public notice of, and an opportunity for comment
regarding, such preliminary determination.
``(B) Potentially exposed subpopulations.--The
Administrator shall not make a determination under this
subsection that a chemical substance will not present
an unreasonable risk of injury to health or the
environment if the Administrator determines that the
chemical substance, under the intended conditions of
use, presents or will present an unreasonable risk of
injury to one or more potentially exposed
subpopulations.
``(C) Final action.--A final determination under
this subsection that a chemical substance will not
present an unreasonable risk of injury to health or the
environment shall be considered a final agency action.
``(7) Minimum number.--Subject to the availability of
appropriations, the Administrator shall initiate 10 or more
risk evaluations under paragraphs (3)(A)(i) or (3)(B) in each
fiscal year beginning in the fiscal year of the date of
enactment of the TSCA Modernization Act of 2015.''.
(c) Promulgation of Subsection (a) Rules.--Section 6(c) of the
Toxic Substances Control Act (15 U.S.C. 2605(c)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Requirements for rule.--In promulgating any rule
under subsection (a) with respect to a chemical substance or
mixture, the Administrator shall--
``(A) consider and publish a statement with respect
to--
``(i) the effects of the chemical substance
or mixture on health and the magnitude of the
exposure of human beings to the chemical
substance or mixture;
``(ii) the effects of the chemical
substance or mixture on the environment and the
magnitude of the exposure of the environment to
the chemical substance or mixture;
``(iii) the benefits of the chemical
substance or mixture for various uses; and
``(iv) the reasonably ascertainable
economic consequences of the rule, including
consideration of the likely effect of the rule
on the national economy, small business,
technological innovation, the environment, and
public health;
``(B) impose requirements under the rule that the
Administrator determines, consistent with the
information published under subparagraph (A), are cost-
effective, except where the Administrator determines
that additional or different requirements described in
subsection (a) are necessary to protect against the
identified risk;
``(C) based on the information published under
subparagraph (A), in deciding whether to prohibit or
restrict in a manner that substantially prevents a
specific use of a chemical substance or mixture and in
setting an appropriate transition period for such
action, determine whether technically and economically
feasible alternatives that benefit health or the
environment, compared to the use so proposed to be
prohibited or restricted, will be reasonably available
as a substitute when the proposed prohibition or other
restriction takes effect;
``(D) exempt replacement parts designed prior to
the date of publication in the Federal Register of the
rule unless the Administrator finds such replacement
parts contribute significantly to the identified risk,
including identified risk to identified potentially
exposed subpopulations; and
``(E) in selecting among prohibitions and other
restrictions to address an identified risk, apply
prohibitions or other restrictions to articles on the
basis of a chemical substance or mixture contained in
the article only to the extent necessary to protect
against the identified risk.'';
(2) in paragraph (2)--
(A) by inserting ``Procedures.--'' before ``When
prescribing a rule'';
(B) by striking ``provide an opportunity for an
informal hearing in accordance with paragraph (3);
(D)'';
(C) by striking ``, and (E)'' and inserting ``; and
(D)''; and
(D) by moving such paragraph 2 ems to the right;
(3) by striking paragraphs (3) and (4) and redesignating
paragraph (5) as paragraph (3); and
(4) in paragraph (3) (as so redesignated)--
(A) by striking ``Paragraphs (1), (2), (3), and
(4)'' and inserting ``Application.--Paragraphs (1) and
(2)''; and
(B) by moving such paragraph 2 ems to the right.
(d) Effective Date.--Section 6(d)(2)(B) of the Toxic Substances
Control Act (15 U.S.C. 2605(d)(2)(B)) is amended by adding at the end
the following: ``Any rule promulgated under subsection (a) shall
provide for a reasonable transition period.''.
(e) Non-Risk Factors; Critical Use Exemptions; PBT Chemicals.--
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is
amended by adding at the end the following:
``(g) Non-Risk Factors.--The Administrator shall not consider costs
or other non-risk factors when deciding whether to initiate a
rulemaking under subsection (a).
``(h) Critical Use Exemptions.--
``(1) Criteria for exemption.--The Administrator may grant
an exemption from a requirement of a subsection (a) rule for a
specific use of a chemical substance or mixture, if--
``(A) the requirement is not cost-effective with
respect to the specific use, as determined by the
Administrator pursuant to subsection (c)(1)(B); and
``(B) the Administrator finds that--
``(i) the specific use is a critical or
essential use; or
``(ii) the requirement, as applied with
respect to the specific use, would
significantly disrupt the national economy,
national security, or critical infrastructure.
``(2) Procedure.--An exemption granted under paragraph (1)
shall be--
``(A) supported by clear and convincing evidence;
``(B) preceded by public notice of the proposed
exemption and an opportunity for comment; and
``(C) followed by notice of the granted exemption--
``(i) to the public, by the Administrator;
and
``(ii) to known commercial purchasers of
the chemical substance or mixture with respect
to which the exemption applies, by the
manufacturers and processors of such chemical
substance or mixture.
``(3) Period of exemption.--An exemption granted under
paragraph (1) shall expire after a period not to exceed 5
years, but may be renewed for one or more additional 5-year
periods if the Administrator finds that the requirements of
paragraph (1) continue to be met.
``(4) Conditions.--The Administrator shall impose
conditions on any use for which an exemption is granted under
paragraph (1) to reduce risk from the chemical substance or
mixture to the greatest extent feasible.
``(i) Chemicals That Are Persistent, Bioaccumulative, and Toxic.--
``(1) Identification.--Not later than 9 months after the
date of enactment of the TSCA Modernization Act of 2015, the
Administrator shall publish a list of those chemical substances
that the Administrator has a reasonable basis to conclude are
persistent, bioaccumulative, and toxic, not including any
chemical substance that is a metal, a metal compound, or
subject to subsection (e).
``(2) Confirmation of concern.--Not later than 2 years
after the date of enactment of the TSCA Modernization Act of
2015, the Administrator shall designate as a PBT chemical of
concern each chemical substance on the list published under
paragraph (1)--
``(A) that, with respect to persistence and
bioaccumulation, scores high for one and either high or
moderate for the other, pursuant to the TSCA Work Plan
Chemicals Methods Document published by the
Administrator in February 2012; and
``(B) exposure to which is likely to the general
population or to a potentially exposed subpopulation
identified by the Administrator.
``(3) Expedited action.--Notwithstanding subsection (b)(2),
subject to the availability of appropriations, not later than 2
years after designating a chemical substance under paragraph
(2), the Administrator shall promulgate a rule under subsection
(a) with respect to the chemical substance to reduce likely
exposure to the extent practicable.
``(4) Relationship to subsection (b).--If, at any time
prior to the date that is 90 days after the date on which the
Administrator publishes the list under paragraph (1), the
Administrator makes a finding under subsection (b)(3)(A)(i), or
a manufacturer requests a risk evaluation under subsection
(b)(3)(A)(ii), with respect to a chemical substance, such
chemical substance shall not be subject to this subsection.''.
SEC. 5. RELATIONSHIP TO OTHER FEDERAL LAWS.
Section 9(b) of the Toxic Substances Control Act (15 U.S.C.
2608(b)) is amended--
(1) by striking ``The Administrator shall coordinate'' and
inserting ``(1) The Administrator shall coordinate''; and
(2) by adding at the end the following:
``(2) In making a determination under paragraph (1) that it is in
the public interest for the Administrator to take an action under this
title with respect to a chemical substance or mixture rather than under
another law administered in whole or in part by the Administrator, the
Administrator shall consider the relevant risks, and compare the
estimated costs and efficiencies, of the action to be taken under this
title and an action to be taken under such other law to protect against
such risk.''.
SEC. 6. DISCLOSURE OF DATA.
Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613) is
amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph
(4) and inserting a semicolon; and
(C) by adding after paragraph (4) the following new
paragraphs:
``(5) may be disclosed to a State, local, or tribal
government official upon request of the official for the
purpose of administration or enforcement of a law; and
``(6) shall be disclosed upon request--
``(A) to a health or environmental professional
employed by a Federal or State agency in response to an
environmental release; or
``(B) to a treating physician or other health care
professional to assist in the diagnosis or treatment of
one or more individuals.'';
(2) in subsection (b)(1), in the matter following
subparagraph (B)--
(A) by striking ``data which discloses'' and
inserting ``data that disclose formulas (including
molecular structures) of a chemical substance or
mixture,'';
(B) by striking ``mixture or,'' and inserting
``mixture, or,''; and
(C) by striking ``the release of data disclosing'';
(3) in subsection (c)--
(A) by striking the subsection heading and
inserting ``Designating and Substantiating
Confidentiality.--'';
(B) by amending paragraph (1) to read as follows:
`` (1)(A) In submitting information under this Act
after date of enactment of the TSCA Modernization Act
of 2015, a manufacturer, processor, or distributor in
commerce shall designate the information which such
person believes is entitled to protection under this
section, and submit such designated information
separately from other information submitted under this
Act. A designation under this subparagraph shall be
made in writing and in such manner as the Administrator
may prescribe, and shall include--
``(i) justification for each designation of
confidentiality;
``(ii) a certification that the information is not
otherwise publicly available; and
``(iii) separate copies of all submitted
information, with one copy containing and one copy
excluding the information to which the request applies.
``(B) Designations made under subparagraph (A) after the
date of enactment of the TSCA Modernization Act of 2015 shall
expire after 10 years, at which time the information shall be
made public unless the manufacturer, processor, or distributor
in commerce has reasserted the claim for protection, in writing
and in such manner as the Administrator may prescribe,
including all of the elements required for the initial
submission.
``(C) Not later than 60 days prior to making information
public under subparagraph (B), the Administrator shall notify,
as appropriate and practicable, the manufacturer, processor, or
distributor in commerce who designated the information under
subparagraph (A) of the date on which such information will be
made public unless a request for renewal is granted under
subparagraph (B).''; and
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting ``,
for a reason other than the expiration of such
designation pursuant to paragraph (1)(B),''
before ``proposes to release''; and
(ii) in subparagraph (B)(i), by striking
``or (4)'' and inserting ``(4), or (6)''; and
(4) by adding at the end the following new subsections:
``(f) Prohibition.--No person who receives information as permitted
under subsection (a) may use such information for any purpose not
specified in such subsection, nor disclose such information to any
person not authorized to receive such information.
``(g) Savings.--Nothing in this section shall be construed to
affect the applicability of State or Federal rules of evidence or
procedure in any judicial proceeding.''.
SEC. 7. EFFECT ON STATE LAW.
(a) In General.--Section 18(a) of the Toxic Substances Control Act
(15 U.S.C. 2617(a)) is amended--
(1) in paragraph (2)(A), by striking ``; and'' and
inserting a semicolon;
(2) by striking paragraph (2)(B) and inserting the
following:
``(B) if the Administrator makes a final determination
under section 6(b) that a chemical substance will not present
an unreasonable risk of injury to health or the environment
under the intended condition of use, no State or political
subdivision may, after the date of publication of such
determination, establish or continue in effect any requirement
that applies to such chemical substance under the intended
conditions of use considered by the Administrator in the risk
evaluation under section 6(b), and is designed to protect
against exposure to such chemical substance under the intended
conditions of use, unless the requirement of the State or
political subdivision--
``(i) is adopted under the authority of a Federal
law; or
``(ii) is adopted to protect air or water quality
or is related to waste treatment or waste disposal,
except that this clause does not apply to such a
requirement if a provision of this title, or an action
or determination made by the Administrator under this
title, actually conflicts with the requirement; and
``(C) if the Administrator imposes a requirement, through a
rule or order under section 5 or 6, that applies to a chemical
substance or mixture (other than a requirement described in
section 6(a)(6)) and is designed to protect against a risk of
injury to health or the environment associated with such
chemical substance or mixture, no State or political
subdivision may, after the effective date of such requirement,
establish or continue in effect any requirement that applies to
such chemical substance or mixture (including a requirement
that applies to an article because the article contains the
chemical substance or mixture) and is designed to protect
against exposure to the chemical substance or mixture either
under the intended conditions of use considered by the
Administrator in the risk evaluation under section 6(b) or from
a use identified in a notice received by the Administrator
under section 5(a), or, in the case of a requirement imposed
pursuant to section 6(i), is designed to protect against a risk
of injury considered by the Administrator in imposing such
requirement, unless the requirement of the State or political
subdivision--
``(i) is identical to the requirement imposed by
the Administrator;
``(ii) is adopted under the authority of a Federal
law; or
``(iii) is adopted to protect air or water quality
or is related to waste treatment or waste disposal,
except that this clause does not apply to such a
requirement if a provision of this title, or an action
or determination made by the Administrator under this
title, actually conflicts with the requirement.''; and
(3) by adding at the end the following:
``(3) In the case of an identical requirement described in
paragraph (2)(C)(i)--
``(A) a State may not assess a penalty for a specific
violation for which the Administrator has assessed a penalty
under section 16; and
``(B) if a State has assessed a penalty for a specific
violation, the Administrator may not assess a penalty for that
violation in an amount that would cause the total of the
penalties assessed for the violation by the State and the
Administrator combined to exceed the maximum amount that may be
assessed for that violation by the Administrator under section
16.''.
(b) Savings.--Section 18 of the Toxic Substances Control Act (15
U.S.C. 2617) is amended by adding at the end the following:
``(c) Savings.--
``(1) Prior state actions.--Nothing in this title, nor any
risk evaluation, rule, order, standard, or requirement
completed or implemented under this title, shall be construed
to preempt or otherwise affect the authority of a State or
political subdivision of a State to continue to enforce any
action taken or requirement that has taken effect--
``(A) before August 1, 2015, under the authority of
a State law that prohibits or otherwise restricts the
manufacturing, processing, distribution in commerce,
use, or disposal of a chemical substance; or
``(B) pursuant to a State law that was in effect on
August 31, 2003,
unless an action or determination made by the Administrator
under this title actually conflicts with the action taken or
requirement that has taken effect pursuant to such a State law.
``(2) Tort and contract law.--Nothing in this title, nor
any risk evaluation, rule, order, standard, or requirement
completed or implemented under this title, shall be construed
to preempt or otherwise affect either Federal or State tort law
or the law governing the interpretation of contracts of any
State, including any remedy for civil relief, whether under
statutory or common law, including a remedy for civil damages,
and any cause of action for personal injury, wrongful death,
property damage, or other injury based on negligence, strict
liability, products liability, failure to warn, or any other
legal theory relating to tort law.
``(3) Intent of congress.--It is not the intent of Congress
that this title, or rules, regulations, or orders issued
pursuant to this title, be interpreted as influencing, in
either a plaintiff's or defendant's favor, the disposition of
any civil action for damages in a State court, or the authority
of any court to make a determination in an adjudicatory
proceeding under applicable State law with respect to the
admissibility of evidence, unless a provision of this title
actually conflicts with the State court action.
``(4) Application.--For purposes of this title, the term
`requirements' does not include civil tort actions for damages
under State law.''.
(c) Effect of Actions by Administrator.--Nothing in this Act, or
the amendments made by this Act, shall be construed as changing the
preemptive effect of an action taken by the Administrator prior to the
date of enactment of this Act or under section 6(e).
SEC. 8. ADMINISTRATION OF THE ACT.
Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is
amended--
(1) in subsection (b)(1)--
(A) by striking ``of a reasonable fee'';
(B) by inserting ``of a fee that is sufficient and
not more than reasonably necessary'' after ``section 4
or 5'';
(C) by inserting ``, or who requests a risk
evaluation under section 6(b)(3)(A)(ii),'' before ``to
defray the cost'';
(D) by striking ``this Act'' and inserting ``the
provision of this title for which such fee is
collected''; and
(E) by striking ``Such rules shall not provide for
any fee in excess of $2,500 or, in the case of a small
business concern, any fee in excess of $100.'' and
inserting ``Such rules shall provide for lower fees for
small business concerns.'';
(2) by adding at the end of subsection (b) the following:
``(3) Fund.--
``(A) Establishment.--There is established in the Treasury
of the United States a revolving fund, to be known as the TSCA
Service Fee Fund (in this paragraph referred to as the `Fund'),
consisting of such amounts as are deposited in the Fund under
this paragraph.
``(B) Collection and deposit of fees.--The Administrator
shall collect the fees described in paragraph (1) and deposit
those fees in the Fund.
``(C) Crediting and availability of fees.--On request by
the Administrator, the Secretary of the Treasury shall transfer
from the Fund to the Administrator amounts appropriated to pay
or recover the full costs incurred by the Environmental
Protection Agency, including contractor costs, in carrying out
the provisions of this title for which the fees are collected
under paragraph (1).
``(D) Use of funds by administrator.--Fees authorized under
this section shall be collected and available for obligation
only to the extent and in the amount provided in advance in
appropriations Acts, and shall be available without fiscal year
limitation for use only in administering the provisions of this
title for which the fees are collected.
``(E) Accounting and auditing.--
``(i) Accounting.--The Administrator shall
biennially prepare and submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that includes an accounting of
the fees paid to the Administrator under this paragraph
and amounts disbursed from the Fund for the period
covered by the report, as reflected by financial
statements provided in accordance with sections 3515
and 3521 of title 31, United States Code.
``(ii) Auditing.--
``(I) In general.--For the purpose of
section 3515(c) of title 31, United States
Code, the Fund shall be considered a component
of a covered executive agency.
``(II) Components of audit.--The annual
audit required in accordance with sections 3515
and 3521 of title 31, United States Code, of
the financial statements of activities carried
out using amounts from the Fund shall include
an analysis of--
``(aa) the fees collected and
amounts disbursed under this
subsection;
``(bb) the reasonableness of the
fees in place as of the date of the
audit to meet current and projected
costs of administering the provisions
of the title for which the fees are
collected; and
``(cc) the number of requests for a
risk evaluation made by manufacturers
under section 6(b)(3)(A)(ii).
``(III) Federal responsibility.--The
Inspector General of the Environmental
Protection Agency shall conduct the annual
audit described in subclause (II) and submit to
the Administrator a report that describes the
findings and any recommendations of the
Inspector General resulting from the audit.'';
and
(3) by adding at the end the following:
``(h) Scientific Standards.--In carrying out sections 4, 5, and 6,
to the extent that the Administrator makes a decision based on science,
the Administrator shall consider, as applicable--
``(1) the extent to which the scientific and technical
procedures, measures, methods, or models employed to generate
the information are reasonable for and consistent with the use
of the information;
``(2) the extent to which the information is relevant for
the Administrator's use in making a decision about a chemical
substance or mixture;
``(3) the degree of clarity and completeness with which the
data, assumptions, methods, quality assurance, and analyses
employed to generate the information are documented;
``(4) the extent to which the variability and uncertainty
in the information, or in the procedures, measures, methods, or
models, are evaluated and characterized; and
``(5) the extent of independent verification or peer review
of the information or of the procedures, measures, methods, or
models.
``(i) Weight of Scientific Evidence.--The Administrator shall make
decisions under sections 4, 5, and 6 based on the weight of the
scientific evidence.
``(j) Availability of Information.--Subject to section 14, the
Administrator shall make available to the public all notices,
determinations, findings, rules, and orders of the Administrator under
this title.
``(k) Policies, Procedures, and Guidance.--
``(1) Development.--Not later than 2 years after the date
of enactment of the TSCA Modernization Act of 2015, the
Administrator shall develop any policies, procedures, and
guidance the Administrator determines are necessary to carry
out the amendments to this Act made by the TSCA Modernization
Act of 2015.
``(2) Review.--Not later than 5 years after the date of
enactment of the TSCA Modernization Act of 2015, and not less
frequently than once every 5 years thereafter, the
Administrator shall--
``(A) review the adequacy of the policies,
procedures, and guidance developed under paragraph (1),
including with respect to animal, nonanimal, and
epidemiological test methods and procedures for
assessing and determining risk under this title; and
``(B) revise such policies, procedures, and
guidance as the Administrator determines necessary to
reflect new scientific developments or understandings.
``(l) Report to Congress.--
``(1) Initial report.--Not later than 6 months after the
date of enactment of the TSCA Modernization Act of 2015, the
Administrator shall submit to the Committees on Energy and
Commerce and Appropriations of the House of Representatives and
the Committees on Environment and Public Works and
Appropriations of the Senate a report containing an estimation
of--
``(A) the capacity of the Environmental Protection
Agency to conduct and publish risk evaluations under
subparagraphs (A)(i) and (B) of section 6(b)(3), and
the resources necessary to initiate the minimum number
of risk evaluations required under section 6(b)(7);
``(B) the capacity of the Environmental Protection
Agency to conduct and publish risk evaluations under
section 6(b)(3)(A)(ii), the likely demand for such risk
evaluations, and the anticipated schedule for
accommodating that demand;
``(C) the capacity of the Environmental Protection
Agency to promulgate rules under section 6(a) as
required based on risk evaluations conducted and
published under section 6(b); and
``(D) the actual and anticipated efforts of the
Environmental Protection Agency to increase the
Agency's capacity to conduct and publish risk
evaluations under section 6(b).
``(2) Subsequent reports.--The Administrator shall update
and resubmit the report described in paragraph (1) not less
frequently than once every 5 years.''.
SEC. 9. CONFORMING AMENDMENTS.
(a) Section 4.--Section 4 of the Toxic Substances Control Act (15
U.S.C. 2603) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``rule'' each
place it appears and inserting ``rule, order, or
consent agreement'';
(B) in paragraph (2)(B), by striking ``rules'' and
inserting ``rules, orders, and consent agreements'';
(C) in paragraph (3), by striking ``rule'' each
place it appears and inserting ``rule, order, or
consent agreement''; and
(D) in paragraph (4)--
(i) by striking ``rule under subsection
(a)'' each place it appears and inserting
``rule, order, or consent agreement under
subsection (a)'';
(ii) by striking ``repeals the rule'' each
place it appears and inserting ``repeals the
rule or order or modifies the consent agreement
to terminate the requirement''; and
(iii) by striking ``repeals the application
of the rule'' and inserting ``repeals or
modifies the application of the rule, order, or
consent agreement'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``rule'' and
inserting ``rule or order'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``a
rule under subsection (a) or for which data is
being developed pursuant to such a rule'' and
inserting ``a rule, order, or consent agreement
under subsection (a) or for which data are
being developed pursuant to such a rule, order,
or consent agreement'';
(ii) in subparagraph (B), by striking
``such rule or which is being developed
pursuant to such rule'' and inserting ``such
rule, order, or consent agreement or which is
being developed pursuant to such rule, order,
or consent agreement''; and
(iii) in the matter following subparagraph
(B), by striking ``the rule'' and inserting
``the rule or order'';
(C) in paragraph (3)(B)(i), by striking ``rule
promulgated'' and inserting ``rule, order, or consent
agreement''; and
(D) in paragraph (4)--
(i) by striking ``rule promulgated'' each
place it appears and inserting ``rule, order,
or consent agreement'';
(ii) by striking ``such rule'' each place
it appears and inserting ``such rule, order, or
consent agreement''; and
(iii) in subparagraph (B), by striking
``the rule'' and inserting ``the rule, order,
or consent agreement'';
(3) in subsection (d), by striking ``rule'' and inserting
``rule, order, or consent agreement''; and
(4) in subsection (g), by striking ``rule'' and inserting
``rule, order, or consent agreement''.
(b) Section 5.--Section 5 of the Toxic Substances Control Act (15
U.S.C. 2604) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)--
(i) by striking ``rule promulgated'' and
inserting ``rule, order, or consent
agreement''; and
(ii) by striking ``such rule'' and
inserting ``such rule, order, or consent
agreement'';
(B) in paragraph (1)(B)--
(i) by striking ``rule promulgated'' and
inserting ``rule or order''; and
(ii) by striking ``the date of the
submission in accordance with such rule'' and
inserting ``the required date of submission'';
and
(C) in paragraph (2)(A)(ii), by striking ``rule
promulgated'' and inserting ``rule, order, or consent
agreement'';
(2) in subsection (d)(2)(C), by striking ``rule'' and
inserting ``rule, order, or consent agreement''; and
(3) in subsection (h)(4), by striking ``paragraphs (2) and
(3) of section 6(c)'' and inserting ``paragraph (2) of section
6(c)''.
(c) Section 6.--Section 6 of the Toxic Substances Control Act (15
U.S.C. 2605) is amended--
(1) in subsection (d)(2)(B)--
(A) by striking ``, provide reasonable opportunity,
in accordance with paragraphs (2) and (3) of subsection
(c), for a hearing on such rule,'' and inserting ``in
accordance with paragraph (2) of subsection (c),''; and
(B) by striking ``; and if such a hearing is
requested'' and all that follows through ``or revoke
it.'' and inserting a period; and
(2) in subsection (e)(4), by striking ``paragraphs (2),
(3), and (4) of subsection (c)'' and inserting ``paragraph (2)
of subsection (c)''.
(d) Section 7.--Section 7(a)(1) of the Toxic Substances Control Act
(15 U.S.C. 2606(a)(1)) is amended, in the matter following subparagraph
(C), by striking ``a rule under section 4, 5, 6, or title IV or an
order under section 5 or title IV'' and inserting ``a rule under
section 4, 5, or 6 or title IV, an order under section 4 or 5 or title
IV, or a consent agreement under section 4''.
(e) Section 8.--Section 8(a)(3)(A)(ii)(I) of the Toxic Substances
Control Act (15 U.S.C. 2607(a)(3)(A)(ii)(I)) is amended by striking
``or an order in effect under section 5(e)'' and inserting ``, an order
in effect under section 4 or 5(e), or a consent agreement under section
4''.
(f) Section 9.--Section 9(a) of the Toxic Substances Control Act
(15 U.S.C. 2608(a)) is amended by striking ``section 6'' each place it
appears and inserting ``section 6(a)''.
(g) Section 11.--Section 11(b)(2)(E) of the Toxic Substances
Control Act (15 U.S.C. 2610(b)(2)(E)) is amended by striking ``rule
promulgated'' and inserting ``rule promulgated, order issued, or
consent agreement entered into''.
(h) Section 15.--Section 15(1) of the Toxic Substances Control Act
(15 U.S.C. 2614(1)) is amended by striking ``(A) any rule'' and all
that follows through ``or (D)'' and inserting ``any requirement of this
title or any rule promulgated, order issued, or consent agreement
entered into under this title, or''.
(i) Section 18.--Section 18(a)(2)(A) of the Toxic Substances
Control Act (15 U.S.C. 2617(a)(2)(A)) is amended--
(1) by striking ``rule promulgated'' and inserting ``rule,
order, or consent agreement''; and
(2) by striking ``such rule'' each place it appears and
inserting ``such rule, order, or consent agreement''.
(j) Section 19.--Section 19 of the Toxic Substances Control Act (15
U.S.C. 2618) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by striking ``(A) Not later than 60
days after the date of the promulgation of a
rule'' and inserting ``Not later than 60 days
after the date on which a rule is
promulgated'';
(ii) by inserting ``or the date on which an
order is issued under section 4,'' before ``any
person'';
(iii) by striking ``such rule'' and
inserting ``such rule or order''; and
(iv) by striking ``such a rule'' and
inserting ``such a rule or order'';
(B) by striking paragraph (1)(B);
(C) in paragraph (2), by striking ``the rule'' and
inserting ``the rule or order''; and
(D) in paragraph (3)--
(i) in subparagraph (A), by striking ``the
rule'' and inserting ``the rule or order'';
(ii) in subparagraph (B), by striking ``a
rule under section 4(a)'' and inserting ``a
rule or order under section 4(a)'';
(iii) in subparagraph (C), by striking
``such rule'' and inserting ``such rule or
order'';
(iv) in subparagraph (D), by striking
``such rule'' and inserting ``such rule or
order''; and
(v) in subparagraph (E)--
(I) by striking ``to such rule''
and inserting ``to such rule or
order''; and
(II) by striking ``the date of the
promulgation of such rule'' and
inserting ``the date on which such rule
is promulgated or such order is
issued'';
(2) in subsection (b)--
(A) by striking ``review a rule'' and inserting
``review a rule, or an order under section 4,'';
(B) by striking ``such rule'' and inserting ``such
rule or order'';
(C) by striking ``the rule'' and inserting ``the
rule or order'';
(D) by striking ``new rule'' each place it appears
and inserting ``new rule or order''; and
(E) by striking ``modified rule'' and inserting
``modified rule or order''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``a rule'' and
inserting ``a rule, or an order under
section 4''; and
(II) by striking ``such rule'' and
inserting ``such rule or order''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``a rule'' and
inserting ``a rule or order'';
(II) in clause (i)--
(aa) by inserting ``or an
order under section 4,'' before
``the standard for review'';
(bb) by striking ``such
rule'' and inserting ``such
rule or order'';
(cc) by striking ``the
rule'' and inserting ``the rule
or order''; and
(dd) by striking the
semicolon and inserting ``;
and''; and
(III) by striking clause (ii) and
redesignating clause (iii) as clause
(ii); and
(B) in paragraph (2), by striking ``any rule'' and
inserting ``any rule or order''.
(k) Section 20.--Section 20(a)(1) of the Toxic Substances Control
Act (15 U.S.C. 2619(a)(1)) is amended by striking ``order issued under
section 5'' and inserting ``order issued under section 4 or 5''.
(l) Section 21.--Section 21 of the Toxic Substances Control Act (15
U.S.C. 2620) is amended--
(1) in subsection (a), by striking ``order under section
5(e) or (6)(b)(2)'' and inserting ``order under section 4 or
5(e)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``order under
section 5(e), 6(b)(1)(A), or 6(b)(1)(B)'' and inserting
``order under section 4 or 5(e)''; and
(B) in paragraph (4)(B)--
(i) in the matter preceding clause (i), by
striking ``order under section 5(e) or
6(b)(2)'' and inserting ``order under section 4
or 5(e)'';
(ii) in clause (i), by striking ``order
under section 5(e)'' and inserting ``order
under section 4 or 5(e)''; and
(iii) in clause (ii), by striking ``or an
order under section 6(b)(2)''.
(m) Section 24.--Section 24(b)(2)(B) of the Toxic Substances
Control Act (15 U.S.C. 2623(b)(2)(B)) is amended--
(1) by inserting ``and'' at the end of clause (i);
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
(n) Section 27.--Section 27(a) of the Toxic Substances Control Act
(15 U.S.C. 2626(a)) is amended by striking ``rules promulgated'' and
inserting ``rules, orders, or consent agreements''.
(o) Section 30.--Section 30(2) of the Toxic Substances Control Act
(15 U.S.C. 2629(2)) is amended by striking ``rule'' and inserting
``rule, order, or consent agreement''.
Passed the House of Representatives June 23, 2015.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 143
114th CONGRESS
1st Session
H. R. 2576
_______________________________________________________________________
AN ACT
To modernize the Toxic Substances Control Act, and for other purposes.
_______________________________________________________________________
July 8, 2015
Read twice and placed on the calendar