I 

114TH CONGRESS 

1ST SESSION H. R. 1922 

To amend the Federal Water Pollution Control Act with respect to the 

use of dispersants, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2015 

Mr. NADLER introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Federal Water Pollution Control Act with 

respect to the use of dispersants, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ban Toxic Dispersants 

5 Act of 2015’’. 

6 SEC. 2. NATIONAL CONTINGENCY PLAN. 

7 (a) CONTENTS.—Section 311(d)(2)(G) of the Federal 

8 Water Pollution Control Act (33 U.S.C. 1321(d)(2)(G)) 

9 is amended by striking the period at the end and inserting 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 1922 IH

1 the following: ‘‘, except that a dispersant, other chemical, 

2 or other spill mitigating device or substance that is not 

3 included on the schedule may be used in carrying out the 

4 Plan only if the dispersant, other chemical, or other spill 

5 mitigating device or substance is proposed to be included 

6 on the schedule.’’. 

7 (b) SCHEDULE FOR USE OF DISPERSANTS, OTHER

8 CHEMICALS, AND OTHER SPILL MITIGATING DEVICES

9 AND SUBSTANCES.—Section 311(d) of the Federal Water 

10 Pollution Control Act (33 U.S.C. 1321(d)) is amended by 

11 adding at the end the following: 

12 ‘‘(5) SCHEDULE FOR USE OF DISPERSANTS, 

13 OTHER CHEMICALS, AND OTHER SPILL MITIGATING

14 DEVICES AND SUBSTANCES.— 

15 ‘‘(A) RULEMAKING.—Not later than 2 

16 years after the date of enactment of this para17 graph, the President, acting through the Ad18 ministrator, after providing notice and an op19 portunity for public comment, shall issue a re20 vised regulation for the development of the 

21 schedule for the use of dispersants, other 

22 chemicals, and other spill mitigating devices 

23 and substances developed under paragraph 

24 (2)(G) in a manner that is consistent with the 

25 requirements of this paragraph, and shall modVerDate Sep 11 2014 05:36 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1922.IH H1922

smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 1922 IH

1 ify the existing schedule to take into account 

2 the requirements of the revised regulation. 

3 ‘‘(B) SCHEDULE LISTING REQUIRE4 MENTS.—In issuing the regulation under sub5 paragraph (A), the Administrator shall— 

6 ‘‘(i) with respect to dispersants, other 

7 chemicals, and other spill mitigating sub8 stances included or proposed to be included 

9 on the schedule under paragraph (2)(G)— 

10 ‘‘(I) establish minimum toxicity 

11 and efficacy testing criteria, taking 

12 into account the results of the study 

13 carried out under subparagraph (E); 

14 ‘‘(II) provide for testing or other 

15 verification (independent from the in16 formation provided by an applicant 

17 seeking the inclusion of such dispers18 ant, chemical, or substance on the 

19 schedule) related to the toxicity and 

20 effectiveness of such dispersant, chem21 ical, or substance; 

22 ‘‘(III) establish protocols for the 

23 application of any such dispersant, 

24 chemical, or substance, including— 

25 ‘‘(aa) application conditions; 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 1922 IH

1 ‘‘(bb) the quantity thresh2 olds for which approval by the 

3 Administrator is required; 

4 ‘‘(cc) the criteria to be used 

5 to develop the appropriate max6 imum quantity of any such dis7 persant, chemical, or substance 

8 that the Administrator deter9 mines may be used, both on a 

10 daily and cumulative basis; and 

11 ‘‘(dd) a ranking, by geo12 graphic area, of any such dis13 persant, chemical, or substance 

14 based on a combination of its ef15 fectiveness for each type of oil 

16 and its level of toxicity; 

17 ‘‘(IV) establish a requirement 

18 that the volume of oil or hazardous 

19 substance discharged, and the volume 

20 and location of any such dispersant, 

21 chemical, or substance used, be meas22 ured and made publicly available on a 

23 daily basis, including on the Internet; 

24 ‘‘(V) require the public disclosure 

25 of all ingredients, including the chemVerDate Sep 11 2014 05:36 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1922.IH H1922

smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 1922 IH

1 ical and common name of such ingre2 dients, contained in any such dispers3 ant, chemical, or substance prior to 

4 the use of such dispersant, chemical, 

5 or substance; and 

6 ‘‘(VI) in addition to existing au7 thority, expressly provide a mecha8 nism for the delisting of any such dis9 persant, chemical, or substance that 

10 the Administrator determines poses a 

11 significant risk or impact to human 

12 health, water quality, the environ13 ment, or any other factor the Admin14 istrator determines appropriate; and 

15 ‘‘(ii) with respect to other spill miti16 gating devices included or proposed to be 

17 included on the schedule under paragraph 

18 (2)(G)— 

19 ‘‘(I) require the manufacturer of 

20 such device to carry out a study of the 

21 risks and effectiveness of the device 

22 according to guidelines developed and 

23 published by the Administrator; and 

24 ‘‘(II) in addition to existing au25 thority, expressly provide a mechaVerDate Sep 11 2014 05:36 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1922.IH H1922

smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 1922 IH

1 nism for the delisting of any such de2 vice based on any information made 

3 available to the Administrator that 

4 demonstrates that such device poses a 

5 significant risk or impact to human 

6 health, water quality, the environ7 ment, or any other factor the Admin8 istrator determines appropriate. 

9 ‘‘(C) MINIMUM TOXICITY CRITERIA.—In 

10 establishing minimum toxicity criteria under 

11 subparagraph (B)(i)(I), the Administrator, as 

12 appropriate, shall comply with the requirements 

13 of section 121(d) of the Comprehensive Envi14 ronmental Response, Compensation, and Liabil15 ity Act of 1980 (42 U.S.C. 9621(d)). 

16 ‘‘(D) DELISTING.—In carrying out sub17 paragraphs (B)(i)(VI) and (B)(ii)(II), the Ad18 ministrator, after posting a notice in the Fed19 eral Register and providing an opportunity for 

20 public comment, shall initiate a formal review 

21 of the potential risks and impacts associated 

22 with a dispersant, chemical, substance, or de23 vice prior to delisting the dispersant, chemical, 

24 substance, or device. 

25 ‘‘(E) STUDY.— 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•HR 1922 IH

1 ‘‘(i) IN GENERAL.—Not later than 3 

2 months after the date of enactment of this 

3 paragraph, the Administrator, in coordina4 tion with the Agency for Toxic Substances 

5 and Disease Registry, shall initiate a study 

6 of the potential risks and impacts to 

7 human health, water quality, the environ8 ment, or any other factor the Adminis9 trator determines appropriate, including 

10 acute and chronic risks, from the use of 

11 dispersants, other chemicals, and other 

12 spill mitigating substances, if any, that 

13 may be used to carry out the National 

14 Contingency Plan, including an assessment 

15 of such risks and impacts— 

16 ‘‘(I) on a representative sample 

17 of biota and types of oil from loca18 tions where such dispersants, chemi19 cals, or substances may potentially be 

20 used; 

21 ‘‘(II) on human health, including 

22 factors relating to— 

23 ‘‘(aa) individuals most likely 

24 to be exposed to such disperVerDate Sep 11 2014 05:36 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1922.IH H1922

smartinez on DSK4TPTVN1PROD with BILLS
8 

•HR 1922 IH

1 sants, chemicals, or substances; 

2 and 

3 ‘‘(bb) the pathways of expo4 sure to such dispersants, chemi5 cals, or substances, including di6 rect contract, ingestion, and in7 halation; 

8 ‘‘(III) that result from any by9 products created from the use of such 

10 dispersants, chemicals, or substances. 

11 ‘‘(ii) INFORMATION FROM MANUFAC12 TURERS.— 

13 ‘‘(I) IN GENERAL.—In conjunc14 tion with the study authorized by 

15 clause (i), the Administrator shall de16 termine the requirements for manu17 facturers of dispersants, chemicals, or 

18 substances to evaluate the potential 

19 risks and impacts to human health, 

20 water quality, the environment, or any 

21 other factor the Administrator deter22 mines appropriate, including acute 

23 and chronic risks, associated with the 

24 use of the dispersants, chemicals, or 

25 substances and any byproducts genVerDate Sep 11 2014 05:36 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1922.IH H1922

smartinez on DSK4TPTVN1PROD with BILLS
9 

•HR 1922 IH

1 erated by such use and to provide the 

2 details of such evaluation as a condi3 tion for listing on the schedule, or ap4 proving for use under this section, ac5 cording to guidelines developed and 

6 published by the Administrator. 

7 ‘‘(II) MINIMUM REQUIREMENTS

8 FOR EVALUATION.—In carrying out 

9 this clause, the Administrator shall re10 quire a manufacturer to include— 

11 ‘‘(aa) information on the 

12 types of oils for which and loca13 tions where such dispersants, 

14 chemicals, or substances may po15 tentially be used; and 

16 ‘‘(bb) if appropriate, an as17 sessment of the impacts from 

18 subsea use of the dispersant, 

19 chemical, or substance, including 

20 the potential long term effects of 

21 such use on water quality and 

22 the environment. 

23 ‘‘(F) PERIODIC REVISIONS.— 

24 ‘‘(i) IN GENERAL.—Not later than 5 

25 years after the date of the issuance of the 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•HR 1922 IH

1 regulation under this paragraph, and on an 

2 ongoing basis thereafter (and at least once 

3 every 5 years), the Administrator shall re4 view the schedule for the use of disper5 sants, other chemicals, and other spill miti6 gating devices and substances that may be 

7 used to carry out the National Contingency 

8 Plan and update or revise the schedule, as 

9 necessary, to ensure the protection of 

10 human health, water quality, the environ11 ment, and any other factor the Adminis12 trator determines appropriate. 

13 ‘‘(ii) EFFECTIVENESS.—The Adminis14 trator shall ensure, to the maximum extent 

15 practicable, that each update or revision to 

16 the schedule increases the minimum effec17 tiveness necessary for listing a dispersant, 

18 other chemical, or other spill mitigating de19 vice or substance on the schedule. 

20 ‘‘(G) APPROVAL OF USE AND APPLICATION

21 OF DISPERSANTS.— 

22 ‘‘(i) IN GENERAL.—In issuing the reg23 ulation under subparagraph (A), the Ad24 ministrator shall require the approval of 

25 the Federal On-Scene Coordinator, in coVerDate Sep 11 2014 05:36 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1922.IH H1922

smartinez on DSK4TPTVN1PROD with BILLS
11 

•HR 1922 IH

1 ordination with the Administrator, for all 

2 uses of a dispersant, other chemical, or 

3 other spill mitigating substance in any re4 moval action, including— 

5 ‘‘(I) any such dispersant, chem6 ical, or substance that is included on 

7 the schedule developed pursuant to 

8 this subsection; and 

9 ‘‘(II) any dispersant, chemical, or 

10 other substance that is included as 

11 part an approved area contingency 

12 plan or response plan developed under 

13 this section. 

14 ‘‘(ii) REGULATIONS.—Any provision 

15 of section 300.910 of title 40, Code of 

16 Federal Regulations, that is inconsistent 

17 with this paragraph shall have no force or 

18 effect. 

19 ‘‘(6) FEES.— 

20 ‘‘(A) GENERAL AUTHORITY AND FEES.— 

21 Subject to subparagraph (B), the Administrator 

22 shall establish a schedule of fees to be collected 

23 from the manufacturer of a dispersant, chem24 ical, or spill mitigating substance or device to 

25 offset the costs of the Administrator associated 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•HR 1922 IH

1 with evaluating the use of the dispersant, chem2 ical, substance, or device in accordance with 

3 this subsection and listing the dispersant, chem4 ical, substance, or device on the schedule under 

5 paragraph (2)(G). 

6 ‘‘(B) LIMITATION ON COLLECTION.—No 

7 fee may be collected under this subsection un8 less the expenditure of the fee to pay the costs 

9 of activities and services for which the fee is im10 posed is provided for in advance in an appro11 priations Act. 

12 ‘‘(C) FEES CREDITED AS OFFSETTING

13 COLLECTIONS.— 

14 ‘‘(i) IN GENERAL.—Notwithstanding 

15 section 3302 of title 31, United States 

16 Code, any fee authorized to be collected 

17 under this paragraph shall— 

18 ‘‘(I) be credited as offsetting col19 lections to the account that finances 

20 the activities and services for which 

21 the fee is imposed; 

22 ‘‘(II) be available for expenditure 

23 only to pay the costs of activities and 

24 services for which the fee is imposed, 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•HR 1922 IH

1 including all costs associated with col2 lecting such fees; and 

3 ‘‘(III) remain available until ex4 pended. 

5 ‘‘(ii) CONTINUING APPROPRIATIONS.— 

6 The Administrator may continue to assess, 

7 collect, and spend fees established under 

8 this section during any period in which the 

9 funding for the Environmental Protection 

10 Agency is provided under an Act providing 

11 continuing appropriations in lieu of the 

12 Administration’s regular appropriations. 

13 ‘‘(iii) ADJUSTMENTS.—The Adminis14 trator shall adjust the fees established by 

15 subparagraph (A) periodically to ensure 

16 that each of the fees required by subpara17 graph (A) is reasonably related to the Ad18 ministrator’s costs, as determined by the 

19 Administrator, of performing the activity 

20 for which the fee is imposed.’’. 

21 SEC. 3. TEMPORARY MORATORIUM ON APPROVAL OF USE 

22 OF DISPERSANTS. 

23 (a) IN GENERAL.—Subject to subsection (b), the Ad24 ministrator of the Environmental Protection Agency may 

25 not approve the use of a dispersant under section 311(d) 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•HR 1922 IH

1 of the Federal Water Pollution Control Act of 1990 (33 

2 U.S.C. 1321(d)), and shall withdraw any approval of such 

3 use made before the date of enactment of this Act, until 

4 the date on which the rulemaking and study required by 

5 subparagraphs (A) and (E) of section 311(d)(5) of such 

6 Act (as added by this Act) are complete. 

7 (b) CONDITIONAL APPROVAL.— 

8 (1) IN GENERAL.—The Administrator may ap9 prove the use of a dispersant under section 311(d) 

10 of such Act (33 U.S.C. 1321(d)) that is included or 

11 proposed to be included on the schedule under sec12 tion 311(d)(2)(G) of such Act (33 U.S.C. 

13 1321(d)(2)(G)) for the period of time before the 

14 date on which the rulemaking and study required by 

15 subparagraphs (A) and (E) of section 311(d)(5) of 

16 such Act (as added by this Act) are complete if the 

17 Administrator determines that such use will not 

18 have a negative impact on human health, water 

19 quality, the environment, or any other factor the Ad20 ministrator determines appropriate. 

21 (2) SUNSET.—An approval issued under para22 graph (1) shall cease to be effective after the last 

23 day of the 2-year period beginning on the date of en24 actment of this Act. 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•HR 1922 IH

1 (c) INFORMATION.—In approving the use of a dis2 persant under subsection (b), the Administrator may re3 quire the manufacturer of the dispersant to provide such 

4 information as the Administrator determines necessary to 

5 satisfy the requirements of that subsection. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS