II 

114TH CONGRESS 

1ST SESSION H. R. 2576 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2015 

Received 

AN ACT 

To modernize the Toxic Substances Control Act, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘TSCA Modernization Act of 2015’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 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. 

6 SEC. 2. DEFINITIONS. 

7 Section 3 of the Toxic Substances Control Act (15 

8 U.S.C. 2602) is amended— 

9 (1) by redesignating paragraphs (7) through 

10 (14) as paragraphs (8) through (10) and (12) 

11 through (16), respectively; 

12 (2) by inserting after paragraph (6) the fol13 lowing: 

14 ‘‘(7) The term ‘intended conditions of use’ means the 

15 circumstances under which a chemical substance is in16 tended, known, or reasonably foreseeable to be manufac17 tured, processed, distributed in commerce, used, and dis18 posed of.’’; and 

19 (3) by inserting after paragraph (10), as so re20 designated, the following: 


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1 ‘‘(11) The term ‘potentially exposed subpopulation’ 

2 means a group of individuals within the general population 

3 who, due to either greater susceptibility or greater poten4 tial exposure, are likely to be at greater risk than the gen5 eral population of adverse health effects from exposure to 

6 a chemical substance.’’. 

7 SEC. 3. TESTING OF CHEMICAL SUBSTANCES AND MIX8 TURES. 

9 Section 4 of the Toxic Substances Control Act (15 

10 U.S.C. 2603) is amended— 

11 (1) in subsection (a)(1)— 

12 (A) in subparagraph (A)(iii), by striking ‘‘; 

13 or’’ and inserting a semicolon; 

14 (B) in subparagraph (B)(iii), by striking ‘‘; 

15 and’’ and inserting ‘‘; or’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(C) testing of a chemical substance is nec18 essary to conduct a risk evaluation under section 

19 6(b); and’’; 

20 (2) in the matter following subsection (a)(2), by 

21 inserting ‘‘, order, or consent agreement’’ after ‘‘by 

22 rule’’; and 

23 (3) in subsection (b)(5), by striking ‘‘paragraph 

24 (1)(A) or (1)(B)’’ and inserting ‘‘paragraph (1)(A), 

25 (1)(B), or (1)(C)’’. 


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1 SEC. 4. REGULATION OF HAZARDOUS CHEMICAL SUB2 STANCES AND MIXTURES. 

3 (a) SCOPE OF REGULATION.—Section 6(a) of the 

4 Toxic Substances Control Act (15 U.S.C. 2605(a)) is 

5 amended— 

6 (1) by striking ‘‘finds that there is a reasonable 

7 basis to conclude’’ and inserting ‘‘determines under 

8 subsection (b)’’; 

9 (2) by inserting ‘‘or designates a chemical sub10 stance under subsection (i)(2),’’ before ‘‘the Admin11 istrator shall by rule’’; and 

12 (3) by striking ‘‘to protect adequately against 

13 such risk using the least burdensome requirements’’ 

14 and inserting ‘‘so that the chemical substance or 

15 mixture no longer presents or will present an unrea16 sonable risk, including an identified unreasonable 

17 risk to a potentially exposed subpopulation’’. 

18 (b) RISK EVALUATIONS.—Section 6(b) of the Toxic 

19 Substances Control Act (15 U.S.C. 2605(b)) is amended 

20 to read as follows: 

21 ‘‘(b) RISK EVALUATIONS.— 

22 ‘‘(1) IN GENERAL.—The Administrator shall 

23 conduct risk evaluations pursuant to this subsection 

24 to determine whether or not a chemical substance 

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1 ments under subsection (a), an unreasonable risk of 

2 injury to health or the environment. 

3 ‘‘(2) APPLYING REQUIREMENTS.—The Adminis4 trator shall apply requirements with respect to a 

5 chemical substance through a rule under subsection 

6 (a) only if the Administrator determines through a 

7 risk evaluation under this subsection, without con8 sideration of costs or other non-risk factors, that the 

9 chemical substance presents or will present, in the 

10 absence of such requirements, an unreasonable risk 

11 of injury to health or the environment. 

12 ‘‘(3) CONDUCTING RISK EVALUATION.— 

13 ‘‘(A) REQUIRED RISK EVALUATIONS.—The 

14 Administrator shall conduct and publish the re15 sults of a risk evaluation under this subsection 

16 for a chemical substance if— 

17 ‘‘(i) the Administrator determines 

18 that the chemical substance may present 

19 an unreasonable risk of injury to health or 

20 the environment because of potential haz21 ard and a potential route of exposure 

22 under the intended conditions of use; or 

23 ‘‘(ii) a manufacturer of the chemical 

24 substance requests such a risk evaluation 


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1 in a form and manner prescribed by the 

2 Administrator. 

3 ‘‘(B) TSCA WORK PLAN CHEMICALS.—The 

4 Administrator may, without making a deter5 mination under subparagraph (A)(i), conduct 

6 and publish the results of a risk evaluation 

7 under this subsection for a chemical substance 

8 that, on the date of enactment of the TSCA 

9 Modernization Act of 2015, is listed in the 

10 TSCA Work Plan for Chemical Assessments 

11 published by the Administrator. 

12 ‘‘(4) REQUIREMENTS.—In conducting a risk 

13 evaluation under this subsection, the Administrator 

14 shall— 

15 ‘‘(A) integrate and assess information on 

16 hazards and exposures for all of the intended 

17 conditions of use of the chemical substance, in18 cluding information that is relevant to specific 

19 risks of injury to health or the environment and 

20 information on potentially exposed subpopula21 tions; 

22 ‘‘(B) not consider information on cost and 

23 other factors not directly related to health or 

24 the environment; 


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1 ‘‘(C) take into account, where relevant, the 

2 likely duration, intensity, frequency, and num3 ber of exposures under the intended conditions 

4 of use of the chemical substance; 

5 ‘‘(D) describe the weight of the scientific 

6 evidence for identified hazard and exposure; 

7 ‘‘(E) consider whether the weight of the 

8 scientific evidence supports the identification of 

9 doses of the chemical substance below which no 

10 adverse effects can be expected to occur; and 

11 ‘‘(F) in the case of a risk evaluation re12 quested by a manufacturer under paragraph 

13 (3)(A)(ii), ensure that the costs to the Environ14 mental Protection Agency, including contractor 

15 costs, of conducting the risk evaluation are paid 

16 for by the manufacturer. 

17 ‘‘(5) DEADLINES.— 

18 ‘‘(A) RISK EVALUATIONS.—The Adminis19 trator shall conduct and publish a risk evalua20 tion under this subsection for a chemical sub21 stance as soon as reasonably possible, subject to 

22 the availability of resources, but not later 

23 than— 

24 ‘‘(i) 3 years after the date on which 

25 the Administrator— 


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1 ‘‘(I) makes a determination 

2 under paragraph (3)(A)(i); or 

3 ‘‘(II) begins the risk evaluation 

4 under paragraph (3)(B); or 

5 ‘‘(ii) in the case of a risk evaluation 

6 requested by a manufacturer under para7 graph (3)(A)(ii), 2 years after the later of 

8 the date on which— 

9 ‘‘(I) the manufacturer requests 

10 the risk evaluation; or 

11 ‘‘(II) if applicable, the risk eval12 uation is initiated pursuant to sub13 paragraph (B). 

14 ‘‘(B) DEADLINE ADJUSTMENT.—If the Ad15 ministrator receives more requests for risk eval16 uations under paragraph (3)(A)(ii) than the 

17 Administrator has resources to conduct by the 

18 deadline under subparagraph (A)(ii)(I) (taking 

19 into account the requirement in paragraph 

20 (4)(F)), the Administrator shall— 

21 ‘‘(i) initiate risk evaluations that ex22 ceed the Administrator’s allotted resources 

23 as soon as resources for such risk evalua24 tions are available; and 


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1 ‘‘(ii) not collect a fee under section 26 

2 from the manufacturer for a risk evalua3 tion until the Administrator initiates the 

4 risk evaluation. 

5 ‘‘(C) SUBSECTION (a) RULES.—If, based 

6 on a risk evaluation conducted under this sub7 section, the Administrator determines, without 

8 consideration of costs or other non-risk factors, 

9 that a chemical substance presents or will 

10 present, in the absence of a rule under sub11 section (a), an unreasonable risk of injury to 

12 health or the environment, the Administrator 

13 shall— 

14 ‘‘(i) propose a rule under subsection 

15 (a) for the chemical substance not later 

16 than 1 year after the date on which the 

17 risk evaluation regarding such chemical 

18 substance is published under subparagraph 

19 (A); and 

20 ‘‘(ii) publish in the Federal Register a 

21 final rule not later than 2 years after the 

22 date on which the risk evaluation regard23 ing such chemical substance is published 

24 under subparagraph (A). 


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1 ‘‘(D) EXTENSION.—If the Administrator 

2 determines that additional information is nec3 essary to make a risk evaluation determination 

4 under this subsection, the Administrator may 

5 extend the deadline under subparagraph (A) ac6 cordingly, except that the deadline may not be 

7 extended to a date that is later than— 

8 ‘‘(i) 90 days after receipt of such ad9 ditional information; or 

10 ‘‘(ii) 2 years after the deadline being 

11 extended under this subparagraph. 

12 ‘‘(6) DETERMINATIONS OF NO UNREASONABLE

13 RISK.— 

14 ‘‘(A) NOTICE AND COMMENT.—Not later 

15 than 30 days before publishing a final deter16 mination under this subsection that a chemical 

17 substance does not and will not present an un18 reasonable risk of injury to health or the envi19 ronment, the Administrator shall make a pre20 liminary determination to such effect and pro21 vide public notice of, and an opportunity for 

22 comment regarding, such preliminary deter23 mination. 

24 ‘‘(B) POTENTIALLY EXPOSED SUBPOPULA25 TIONS.—The Administrator shall not make a 


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1 determination under this subsection that a 

2 chemical substance will not present an unrea3 sonable risk of injury to health or the environ4 ment if the Administrator determines that the 

5 chemical substance, under the intended condi6 tions of use, presents or will present an unrea7 sonable risk of injury to one or more potentially 

8 exposed subpopulations. 

9 ‘‘(C) FINAL ACTION.—A final determina10 tion under this subsection that a chemical sub11 stance will not present an unreasonable risk of 

12 injury to health or the environment shall be 

13 considered a final agency action. 

14 ‘‘(7) MINIMUM NUMBER.—Subject to the avail15 ability of appropriations, the Administrator shall ini16 tiate 10 or more risk evaluations under paragraphs 

17 (3)(A)(i) or (3)(B) in each fiscal year beginning in 

18 the fiscal year of the date of enactment of the TSCA 

19 Modernization Act of 2015.’’. 

20 (c) PROMULGATION OF SUBSECTION (a) RULES.— 

21 Section 6(c) of the Toxic Substances Control Act (15 

22 U.S.C. 2605(c)) is amended— 

23 (1) by amending paragraph (1) to read as fol24 lows: 


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1 ‘‘(1) REQUIREMENTS FOR RULE.—In promul2 gating any rule under subsection (a) with respect to 

3 a chemical substance or mixture, the Administrator 

4 shall— 

5 ‘‘(A) consider and publish a statement with 

6 respect to— 

7 ‘‘(i) the effects of the chemical sub8 stance or mixture on health and the mag9 nitude of the exposure of human beings to 

10 the chemical substance or mixture; 

11 ‘‘(ii) the effects of the chemical sub12 stance or mixture on the environment and 

13 the magnitude of the exposure of the envi14 ronment to the chemical substance or mix15 ture; 

16 ‘‘(iii) the benefits of the chemical sub17 stance or mixture for various uses; and 

18 ‘‘(iv) the reasonably ascertainable eco19 nomic consequences of the rule, including 

20 consideration of the likely effect of the rule 

21 on the national economy, small business, 

22 technological innovation, the environment, 

23 and public health; 

24 ‘‘(B) impose requirements under the rule 

25 that the Administrator determines, consistent 


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1 with the information published under subpara2 graph (A), are cost-effective, except where the 

3 Administrator determines that additional or dif4 ferent requirements described in subsection (a) 

5 are necessary to protect against the identified 

6 risk; 

7 ‘‘(C) based on the information published 

8 under subparagraph (A), in deciding whether to 

9 prohibit or restrict in a manner that substan10 tially prevents a specific use of a chemical sub11 stance or mixture and in setting an appropriate 

12 transition period for such action, determine 

13 whether technically and economically feasible al14 ternatives that benefit health or the environ15 ment, compared to the use so proposed to be 

16 prohibited or restricted, will be reasonably 

17 available as a substitute when the proposed pro18 hibition or other restriction takes effect; 

19 ‘‘(D) exempt replacement parts designed 

20 prior to the date of publication in the Federal 

21 Register of the rule unless the Administrator 

22 finds such replacement parts contribute signifi23 cantly to the identified risk, including identified 

24 risk to identified potentially exposed subpopula25 tions; and 


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1 ‘‘(E) in selecting among prohibitions and 

2 other restrictions to address an identified risk, 

3 apply prohibitions or other restrictions to arti4 cles on the basis of a chemical substance or 

5 mixture contained in the article only to the ex6 tent necessary to protect against the identified 

7 risk.’’; 

8 (2) in paragraph (2)— 

9 (A) by inserting ‘‘PROCEDURES.—’’ before 

10 ‘‘When prescribing a rule’’; 

11 (B) by striking ‘‘provide an opportunity for 

12 an informal hearing in accordance with para13 graph (3); (D)’’; 

14 (C) by striking ‘‘, and (E)’’ and inserting 

15 ‘‘; and (D)’’; and 

16 (D) by moving such paragraph 2 ems to 

17 the right; 

18 (3) by striking paragraphs (3) and (4) and re19 designating paragraph (5) as paragraph (3); and 

20 (4) in paragraph (3) (as so redesignated)— 

21 (A) by striking ‘‘Paragraphs (1), (2), (3), 

22 and (4)’’ and inserting ‘‘APPLICATION.—Para23 graphs (1) and (2)’’; and 

24 (B) by moving such paragraph 2 ems to 

25 the right. 


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1 (d) EFFECTIVE DATE.—Section 6(d)(2)(B) of the 

2 Toxic Substances Control Act (15 U.S.C. 2605(d)(2)(B)) 

3 is amended by adding at the end the following: ‘‘Any rule 

4 promulgated under subsection (a) shall provide for a rea5 sonable transition period.’’. 

6 (e) NON-RISK FACTORS; CRITICAL USE EXEMP7 TIONS; PBT CHEMICALS.—Section 6 of the Toxic Sub8 stances Control Act (15 U.S.C. 2605) is amended by add9 ing at the end the following: 

10 ‘‘(g) NON-RISK FACTORS.—The Administrator shall 

11 not consider costs or other non-risk factors when deciding 

12 whether to initiate a rulemaking under subsection (a). 

13 ‘‘(h) CRITICAL USE EXEMPTIONS.— 

14 ‘‘(1) CRITERIA FOR EXEMPTION.—The Admin15 istrator may grant an exemption from a requirement 

16 of a subsection (a) rule for a specific use of a chem17 ical substance or mixture, if— 

18 ‘‘(A) the requirement is not cost-effective 

19 with respect to the specific use, as determined 

20 by the Administrator pursuant to subsection 

21 (c)(1)(B); and 

22 ‘‘(B) the Administrator finds that— 

23 ‘‘(i) the specific use is a critical or es24 sential use; or 


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1 ‘‘(ii) the requirement, as applied with 

2 respect to the specific use, would signifi3 cantly disrupt the national economy, na4 tional security, or critical infrastructure. 

5 ‘‘(2) PROCEDURE.—An exemption granted 

6 under paragraph (1) shall be— 

7 ‘‘(A) supported by clear and convincing 

8 evidence; 

9 ‘‘(B) preceded by public notice of the pro10 posed exemption and an opportunity for com11 ment; and 

12 ‘‘(C) followed by notice of the granted ex13 emption— 

14 ‘‘(i) to the public, by the Adminis15 trator; and 

16 ‘‘(ii) to known commercial purchasers 

17 of the chemical substance or mixture with 

18 respect to which the exemption applies, by 

19 the manufacturers and processors of such 

20 chemical substance or mixture. 

21 ‘‘(3) PERIOD OF EXEMPTION.—An exemption 

22 granted under paragraph (1) shall expire after a pe23 riod not to exceed 5 years, but may be renewed for 

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1 istrator finds that the requirements of paragraph (1) 

2 continue to be met. 

3 ‘‘(4) CONDITIONS.—The Administrator shall 

4 impose conditions on any use for which an exemp5 tion is granted under paragraph (1) to reduce risk 

6 from the chemical substance or mixture to the great7 est extent feasible. 

8 ‘‘(i) CHEMICALS THAT ARE PERSISTENT, BIO9 ACCUMULATIVE, AND TOXIC.— 

10 ‘‘(1) IDENTIFICATION.—Not later than 9 

11 months after the date of enactment of the TSCA 

12 Modernization Act of 2015, the Administrator shall 

13 publish a list of those chemical substances that the 

14 Administrator has a reasonable basis to conclude are 

15 persistent, bioaccumulative, and toxic, not including 

16 any chemical substance that is a metal, a metal com17 pound, or subject to subsection (e). 

18 ‘‘(2) CONFIRMATION OF CONCERN.—Not later 

19 than 2 years after the date of enactment of the 

20 TSCA Modernization Act of 2015, the Administrator 

21 shall designate as a PBT chemical of concern each 

22 chemical substance on the list published under para23 graph (1)— 

24 ‘‘(A) that, with respect to persistence and 

25 bioaccumulation, scores high for one and either 


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1 high or moderate for the other, pursuant to the 

2 TSCA Work Plan Chemicals Methods Docu3 ment published by the Administrator in Feb4 ruary 2012; and 

5 ‘‘(B) exposure to which is likely to the gen6 eral population or to a potentially exposed sub7 population identified by the Administrator. 

8 ‘‘(3) EXPEDITED ACTION.—Notwithstanding 

9 subsection (b)(2), subject to the availability of ap10 propriations, not later than 2 years after designating 

11 a chemical substance under paragraph (2), the Ad12 ministrator shall promulgate a rule under subsection 

13 (a) with respect to the chemical substance to reduce 

14 likely exposure to the extent practicable. 

15 ‘‘(4) RELATIONSHIP TO SUBSECTION (b).—If, 

16 at any time prior to the date that is 90 days after 

17 the date on which the Administrator publishes the 

18 list under paragraph (1), the Administrator makes a 

19 finding under subsection (b)(3)(A)(i), or a manufac20 turer requests a risk evaluation under subsection 

21 (b)(3)(A)(ii), with respect to a chemical substance, 

22 such chemical substance shall not be subject to this 

23 subsection.’’. 


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1 SEC. 5. RELATIONSHIP TO OTHER FEDERAL LAWS. 

2 Section 9(b) of the Toxic Substances Control Act (15 

3 U.S.C. 2608(b)) is amended— 

4 (1) by striking ‘‘The Administrator shall coordi5 nate’’ and inserting ‘‘(1) The Administrator shall co6 ordinate’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) In making a determination under paragraph (1) 

9 that it is in the public interest for the Administrator to 

10 take an action under this title with respect to a chemical 

11 substance or mixture rather than under another law ad12 ministered in whole or in part by the Administrator, the 

13 Administrator shall consider the relevant risks, and com14 pare the estimated costs and efficiencies, of the action to 

15 be taken under this title and an action to be taken under 

16 such other law to protect against such risk.’’. 

17 SEC. 6. DISCLOSURE OF DATA. 

18 Section 14 of the Toxic Substances Control Act (15 

19 U.S.C. 2613) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘or’’ at the end of para22 graph (3); 

23 (B) by striking the period at the end of 

24 paragraph (4) and inserting a semicolon; and 

25 (C) by adding after paragraph (4) the fol26 lowing new paragraphs: 


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1 ‘‘(5) may be disclosed to a State, local, or tribal 

2 government official upon request of the official for 

3 the purpose of administration or enforcement of a 

4 law; and 

5 ‘‘(6) shall be disclosed upon request— 

6 ‘‘(A) to a health or environmental profes7 sional employed by a Federal or State agency in 

8 response to an environmental release; or 

9 ‘‘(B) to a treating physician or other 

10 health care professional to assist in the diag11 nosis or treatment of one or more individuals.’’; 

12 (2) in subsection (b)(1), in the matter following 

13 subparagraph (B)— 

14 (A) by striking ‘‘data which discloses’’ and 

15 inserting ‘‘data that disclose formulas (includ16 ing molecular structures) of a chemical sub17 stance or mixture,’’; 

18 (B) by striking ‘‘mixture or,’’ and inserting 

19 ‘‘mixture, or,’’; and 

20 (C) by striking ‘‘the release of data dis21 closing’’; 

22 (3) in subsection (c)— 

23 (A) by striking the subsection heading and 

24 inserting ‘‘DESIGNATING AND SUBSTANTIATING

25 CONFIDENTIALITY.—’’; 


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1 (B) by amending paragraph (1) to read as 

2 follows: ‘‘ (1)(A) In submitting information 

3 under this Act after date of enactment of the 

4 TSCA Modernization Act of 2015, a manufac5 turer, processor, or distributor in commerce 

6 shall designate the information which such per7 son believes is entitled to protection under this 

8 section, and submit such designated informa9 tion separately from other information sub10 mitted under this Act. A designation under this 

11 subparagraph shall be made in writing and in 

12 such manner as the Administrator may pre13 scribe, and shall include— 

14 ‘‘(i) justification for each designation of 

15 confidentiality; 

16 ‘‘(ii) a certification that the information is 

17 not otherwise publicly available; and 

18 ‘‘(iii) separate copies of all submitted infor19 mation, with one copy containing and one copy 

20 excluding the information to which the request 

21 applies. 

22 ‘‘(B) Designations made under subparagraph 

23 (A) after the date of enactment of the TSCA Mod24 ernization Act of 2015 shall expire after 10 years, 

25 at which time the information shall be made public 


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1 unless the manufacturer, processor, or distributor in 

2 commerce has reasserted the claim for protection, in 

3 writing and in such manner as the Administrator 

4 may prescribe, including all of the elements required 

5 for the initial submission. 

6 ‘‘(C) Not later than 60 days prior to making in7 formation public under subparagraph (B), the Ad8 ministrator shall notify, as appropriate and prac9 ticable, the manufacturer, processor, or distributor 

10 in commerce who designated the information under 

11 subparagraph (A) of the date on which such infor12 mation will be made public unless a request for re13 newal is granted under subparagraph (B).’’; and 

14 (C) in paragraph (2)— 

15 (i) in subparagraph (A), by inserting 

16 ‘‘, for a reason other than the expiration of 

17 such designation pursuant to paragraph 

18 (1)(B),’’ before ‘‘proposes to release’’; and 

19 (ii) in subparagraph (B)(i), by strik20 ing ‘‘or (4)’’ and inserting ‘‘(4), or (6)’’; 

21 and 

22 (4) by adding at the end the following new sub23 sections: 

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1 mation for any purpose not specified in such subsection, 

2 nor disclose such information to any person not authorized 

3 to receive such information. 

4 ‘‘(g) SAVINGS.—Nothing in this section shall be con5 strued to affect the applicability of State or Federal rules 

6 of evidence or procedure in any judicial proceeding.’’. 

7 SEC. 7. EFFECT ON STATE LAW. 

8 (a) IN GENERAL.—Section 18(a) of the Toxic Sub9 stances Control Act (15 U.S.C. 2617(a)) is amended— 

10 (1) in paragraph (2)(A), by striking ‘‘; and’’ 

11 and inserting a semicolon; 

12 (2) by striking paragraph (2)(B) and inserting 

13 the following: 

14 ‘‘(B) if the Administrator makes a final deter15 mination under section 6(b) that a chemical sub16 stance will not present an unreasonable risk of in17 jury to health or the environment under the intended 

18 condition of use, no State or political subdivision 

19 may, after the date of publication of such determina20 tion, establish or continue in effect any requirement 

21 that applies to such chemical substance under the 

22 intended conditions of use considered by the Admin23 istrator in the risk evaluation under section 6(b), 

24 and is designed to protect against exposure to such 

25 chemical substance under the intended conditions of 


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1 use, unless the requirement of the State or political 

2 subdivision— 

3 ‘‘(i) is adopted under the authority of a 

4 Federal law; or 

5 ‘‘(ii) is adopted to protect air or water 

6 quality or is related to waste treatment or 

7 waste disposal, except that this clause does not 

8 apply to such a requirement if a provision of 

9 this title, or an action or determination made 

10 by the Administrator under this title, actually 

11 conflicts with the requirement; and 

12 ‘‘(C) if the Administrator imposes a require13 ment, through a rule or order under section 5 or 6, 

14 that applies to a chemical substance or mixture 

15 (other than a requirement described in section 

16 6(a)(6)) and is designed to protect against a risk of 

17 injury to health or the environment associated with 

18 such chemical substance or mixture, no State or po19 litical subdivision may, after the effective date of 

20 such requirement, establish or continue in effect any 

21 requirement that applies to such chemical substance 

22 or mixture (including a requirement that applies to 

23 an article because the article contains the chemical 

24 substance or mixture) and is designed to protect 

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1 ture either under the intended conditions of use con2 sidered by the Administrator in the risk evaluation 

3 under section 6(b) or from a use identified in a no4 tice received by the Administrator under section 

5 5(a), or, in the case of a requirement imposed pur6 suant to section 6(i), is designed to protect against 

7 a risk of injury considered by the Administrator in 

8 imposing such requirement, unless the requirement 

9 of the State or political subdivision— 

10 ‘‘(i) is identical to the requirement imposed 

11 by the Administrator; 

12 ‘‘(ii) is adopted under the authority of a 

13 Federal law; or 

14 ‘‘(iii) is adopted to protect air or water 

15 quality or is related to waste treatment or 

16 waste disposal, except that this clause does not 

17 apply to such a requirement if a provision of 

18 this title, or an action or determination made 

19 by the Administrator under this title, actually 

20 conflicts with the requirement.’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(3) In the case of an identical requirement described 

23 in paragraph (2)(C)(i)— 


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1 ‘‘(A) a State may not assess a penalty for a 

2 specific violation for which the Administrator has as3 sessed a penalty under section 16; and 

4 ‘‘(B) if a State has assessed a penalty for a 

5 specific violation, the Administrator may not assess 

6 a penalty for that violation in an amount that would 

7 cause the total of the penalties assessed for the vio8 lation by the State and the Administrator combined 

9 to exceed the maximum amount that may be as10 sessed for that violation by the Administrator under 

11 section 16.’’. 

12 (b) SAVINGS.—Section 18 of the Toxic Substances 

13 Control Act (15 U.S.C. 2617) is amended by adding at 

14 the end the following: 

15 ‘‘(c) SAVINGS.— 

16 ‘‘(1) PRIOR STATE ACTIONS.—Nothing in this 

17 title, nor any risk evaluation, rule, order, standard, 

18 or requirement completed or implemented under this 

19 title, shall be construed to preempt or otherwise af20 fect the authority of a State or political subdivision 

21 of a State to continue to enforce any action taken 

22 or requirement that has taken effect— 

23 ‘‘(A) before August 1, 2015, under the au24 thority of a State law that prohibits or other25 wise restricts the manufacturing, processing, 


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1 distribution in commerce, use, or disposal of a 

2 chemical substance; or 

3 ‘‘(B) pursuant to a State law that was in 

4 effect on August 31, 2003, 

5 unless an action or determination made by the Ad6 ministrator under this title actually conflicts with 

7 the action taken or requirement that has taken ef8 fect pursuant to such a State law. 

9 ‘‘(2) TORT AND CONTRACT LAW.—Nothing in 

10 this title, nor any risk evaluation, rule, order, stand11 ard, or requirement completed or implemented under 

12 this title, shall be construed to preempt or otherwise 

13 affect either Federal or State tort law or the law 

14 governing the interpretation of contracts of any 

15 State, including any remedy for civil relief, whether 

16 under statutory or common law, including a remedy 

17 for civil damages, and any cause of action for per18 sonal injury, wrongful death, property damage, or 

19 other injury based on negligence, strict liability, 

20 products liability, failure to warn, or any other legal 

21 theory relating to tort law. 

22 ‘‘(3) INTENT OF CONGRESS.—It is not the in23 tent of Congress that this title, or rules, regulations, 

24 or orders issued pursuant to this title, be interpreted 

25 as influencing, in either a plaintiff’s or defendant’s 


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1 favor, the disposition of any civil action for damages 

2 in a State court, or the authority of any court to 

3 make a determination in an adjudicatory proceeding 

4 under applicable State law with respect to the ad5 missibility of evidence, unless a provision of this title 

6 actually conflicts with the State court action. 

7 ‘‘(4) APPLICATION.—For purposes of this title, 

8 the term ‘requirements’ does not include civil tort 

9 actions for damages under State law.’’. 

10 (c) EFFECT OF ACTIONS BY ADMINISTRATOR.— 

11 Nothing in this Act, or the amendments made by this Act, 

12 shall be construed as changing the preemptive effect of 

13 an action taken by the Administrator prior to the date 

14 of enactment of this Act or under section 6(e). 

15 SEC. 8. ADMINISTRATION OF THE ACT. 

16 Section 26 of the Toxic Substances Control Act (15 

17 U.S.C. 2625) is amended— 

18 (1) in subsection (b)(1)— 

19 (A) by striking ‘‘of a reasonable fee’’; 

20 (B) by inserting ‘‘of a fee that is sufficient 

21 and not more than reasonably necessary’’ after 

22 ‘‘section 4 or 5’’; 

23 (C) by inserting ‘‘, or who requests a risk 

24 evaluation under section 6(b)(3)(A)(ii),’’ before 

25 ‘‘to defray the cost’’; 


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1 (D) by striking ‘‘this Act’’ and inserting 

2 ‘‘the provision of this title for which such fee is 

3 collected’’; and 

4 (E) by striking ‘‘Such rules shall not pro5 vide for any fee in excess of $2,500 or, in the 

6 case of a small business concern, any fee in ex7 cess of $100.’’ and inserting ‘‘Such rules shall 

8 provide for lower fees for small business con9 cerns.’’; 

10 (2) by adding at the end of subsection (b) the 

11 following: 

12 ‘‘(3) FUND.— 

13 ‘‘(A) ESTABLISHMENT.—There is established in 

14 the Treasury of the United States a revolving fund, 

15 to be known as the TSCA Service Fee Fund (in this 

16 paragraph referred to as the ‘Fund’), consisting of 

17 such amounts as are deposited in the Fund under 

18 this paragraph. 

19 ‘‘(B) COLLECTION AND DEPOSIT OF FEES.— 

20 The Administrator shall collect the fees described in 

21 paragraph (1) and deposit those fees in the Fund. 

22 ‘‘(C) CREDITING AND AVAILABILITY OF

23 FEES.—On request by the Administrator, the Sec24 retary of the Treasury shall transfer from the Fund 

25 to the Administrator amounts appropriated to pay 


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1 or recover the full costs incurred by the Environ2 mental Protection Agency, including contractor 

3 costs, in carrying out the provisions of this title for 

4 which the fees are collected under paragraph (1). 

5 ‘‘(D) USE OF FUNDS BY ADMINISTRATOR.— 

6 Fees authorized under this section shall be collected 

7 and available for obligation only to the extent and in 

8 the amount provided in advance in appropriations 

9 Acts, and shall be available without fiscal year limi10 tation for use only in administering the provisions of 

11 this title for which the fees are collected. 

12 ‘‘(E) ACCOUNTING AND AUDITING.— 

13 ‘‘(i) ACCOUNTING.—The Administrator 

14 shall biennially prepare and submit to the Com15 mittee on Environment and Public Works of the 

16 Senate and the Committee on Energy and Com17 merce of the House of Representatives a report 

18 that includes an accounting of the fees paid to 

19 the Administrator under this paragraph and 

20 amounts disbursed from the Fund for the pe21 riod covered by the report, as reflected by fi22 nancial statements provided in accordance with 

23 sections 3515 and 3521 of title 31, United 

24 States Code. 

25 ‘‘(ii) AUDITING.— 


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1 ‘‘(I) IN GENERAL.—For the purpose 

2 of section 3515(c) of title 31, United 

3 States Code, the Fund shall be considered 

4 a component of a covered executive agency. 

5 ‘‘(II) COMPONENTS OF AUDIT.—The 

6 annual audit required in accordance with 

7 sections 3515 and 3521 of title 31, United 

8 States Code, of the financial statements of 

9 activities carried out using amounts from 

10 the Fund shall include an analysis of— 

11 ‘‘(aa) the fees collected and 

12 amounts disbursed under this sub13 section; 

14 ‘‘(bb) the reasonableness of the 

15 fees in place as of the date of the 

16 audit to meet current and projected 

17 costs of administering the provisions 

18 of the title for which the fees are col19 lected; and 

20 ‘‘(cc) the number of requests for 

21 a risk evaluation made by manufac22 turers under section 6(b)(3)(A)(ii). 

23 ‘‘(III) FEDERAL RESPONSIBILITY.— 

24 The Inspector General of the Environ25 mental Protection Agency shall conduct 


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1 the annual audit described in subclause 

2 (II) and submit to the Administrator a re3 port that describes the findings and any 

4 recommendations of the Inspector General 

5 resulting from the audit.’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(h) SCIENTIFIC STANDARDS.—In carrying out sec8 tions 4, 5, and 6, to the extent that the Administrator 

9 makes a decision based on science, the Administrator shall 

10 consider, as applicable— 

11 ‘‘(1) the extent to which the scientific and tech12 nical procedures, measures, methods, or models em13 ployed to generate the information are reasonable 

14 for and consistent with the use of the information; 

15 ‘‘(2) the extent to which the information is rel16 evant for the Administrator’s use in making a deci17 sion about a chemical substance or mixture; 

18 ‘‘(3) the degree of clarity and completeness with 

19 which the data, assumptions, methods, quality assur20 ance, and analyses employed to generate the infor21 mation are documented; 

22 ‘‘(4) the extent to which the variability and un23 certainty in the information, or in the procedures, 

24 measures, methods, or models, are evaluated and 

25 characterized; and 


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1 ‘‘(5) the extent of independent verification or 

2 peer review of the information or of the procedures, 

3 measures, methods, or models. 

4 ‘‘(i) WEIGHT OF SCIENTIFIC EVIDENCE.—The Ad5 ministrator shall make decisions under sections 4, 5, and 

6 6 based on the weight of the scientific evidence. 

7 ‘‘(j) AVAILABILITY OF INFORMATION.—Subject to 

8 section 14, the Administrator shall make available to the 

9 public all notices, determinations, findings, rules, and or10 ders of the Administrator under this title. 

11 ‘‘(k) POLICIES, PROCEDURES, AND GUIDANCE.— 

12 ‘‘(1) DEVELOPMENT.—Not later than 2 years 

13 after the date of enactment of the TSCA Moderniza14 tion Act of 2015, the Administrator shall develop 

15 any policies, procedures, and guidance the Adminis16 trator determines are necessary to carry out the 

17 amendments to this Act made by the TSCA Mod18 ernization Act of 2015. 

19 ‘‘(2) REVIEW.—Not later than 5 years after the 

20 date of enactment of the TSCA Modernization Act 

21 of 2015, and not less frequently than once every 5 

22 years thereafter, the Administrator shall— 

23 ‘‘(A) review the adequacy of the policies, 

24 procedures, and guidance developed under para25 graph (1), including with respect to animal, 


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1 nonanimal, and epidemiological test methods 

2 and procedures for assessing and determining 

3 risk under this title; and 

4 ‘‘(B) revise such policies, procedures, and 

5 guidance as the Administrator determines nec6 essary to reflect new scientific developments or 

7 understandings. 

8 ‘‘(l) REPORT TO CONGRESS.— 

9 ‘‘(1) INITIAL REPORT.—Not later than 6 

10 months after the date of enactment of the TSCA 

11 Modernization Act of 2015, the Administrator shall 

12 submit to the Committees on Energy and Commerce 

13 and Appropriations of the House of Representatives 

14 and the Committees on Environment and Public 

15 Works and Appropriations of the Senate a report 

16 containing an estimation of— 

17 ‘‘(A) the capacity of the Environmental 

18 Protection Agency to conduct and publish risk 

19 evaluations under subparagraphs (A)(i) and (B) 

20 of section 6(b)(3), and the resources necessary 

21 to initiate the minimum number of risk evalua22 tions required under section 6(b)(7); 

23 ‘‘(B) the capacity of the Environmental 

24 Protection Agency to conduct and publish risk 

25 evaluations under section 6(b)(3)(A)(ii), the 


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1 likely demand for such risk evaluations, and the 

2 anticipated schedule for accommodating that 

3 demand; 

4 ‘‘(C) the capacity of the Environmental 

5 Protection Agency to promulgate rules under 

6 section 6(a) as required based on risk evalua7 tions conducted and published under section 

8 6(b); and 

9 ‘‘(D) the actual and anticipated efforts of 

10 the Environmental Protection Agency to in11 crease the Agency’s capacity to conduct and 

12 publish risk evaluations under section 6(b). 

13 ‘‘(2) SUBSEQUENT REPORTS.—The Adminis14 trator shall update and resubmit the report de15 scribed in paragraph (1) not less frequently than 

16 once every 5 years.’’. 

17 SEC. 9. CONFORMING AMENDMENTS. 

18 (a) SECTION 4.—Section 4 of the Toxic Substances 

19 Control Act (15 U.S.C. 2603) is amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (1), by striking ‘‘rule’’ 

22 each place it appears and inserting ‘‘rule, order, 

23 or consent agreement’’; 


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1 (B) in paragraph (2)(B), by striking 

2 ‘‘rules’’ and inserting ‘‘rules, orders, and con3 sent agreements’’; 

4 (C) in paragraph (3), by striking ‘‘rule’’ 

5 each place it appears and inserting ‘‘rule, order, 

6 or consent agreement’’; and 

7 (D) in paragraph (4)— 

8 (i) by striking ‘‘rule under subsection 

9 (a)’’ each place it appears and inserting 

10 ‘‘rule, order, or consent agreement under 

11 subsection (a)’’; 

12 (ii) by striking ‘‘repeals the rule’’ each 

13 place it appears and inserting ‘‘repeals the 

14 rule or order or modifies the consent 

15 agreement to terminate the requirement’’; 

16 and 

17 (iii) by striking ‘‘repeals the applica18 tion of the rule’’ and inserting ‘‘repeals or 

19 modifies the application of the rule, order, 

20 or consent agreement’’; 

21 (2) in subsection (c)— 

22 (A) in paragraph (1), by striking ‘‘rule’’ 

23 and inserting ‘‘rule or order’’; 

24 (B) in paragraph (2)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘a rule under subsection (a) or for which 

3 data is being developed pursuant to such a 

4 rule’’ and inserting ‘‘a rule, order, or con5 sent agreement under subsection (a) or for 

6 which data are being developed pursuant 

7 to such a rule, order, or consent agree8 ment’’; 

9 (ii) in subparagraph (B), by striking 

10 ‘‘such rule or which is being developed pur11 suant to such rule’’ and inserting ‘‘such 

12 rule, order, or consent agreement or which 

13 is being developed pursuant to such rule, 

14 order, or consent agreement’’; and 

15 (iii) in the matter following subpara16 graph (B), by striking ‘‘the rule’’ and in17 serting ‘‘the rule or order’’; 

18 (C) in paragraph (3)(B)(i), by striking 

19 ‘‘rule promulgated’’ and inserting ‘‘rule, order, 

20 or consent agreement’’; and 

21 (D) in paragraph (4)— 

22 (i) by striking ‘‘rule promulgated’’ 

23 each place it appears and inserting ‘‘rule, 

24 order, or consent agreement’’; 


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1 (ii) by striking ‘‘such rule’’ each place 

2 it appears and inserting ‘‘such rule, order, 

3 or consent agreement’’; and 

4 (iii) in subparagraph (B), by striking 

5 ‘‘the rule’’ and inserting ‘‘the rule, order, 

6 or consent agreement’’; 

7 (3) in subsection (d), by striking ‘‘rule’’ and in8 serting ‘‘rule, order, or consent agreement’’; and 

9 (4) in subsection (g), by striking ‘‘rule’’ and in10 serting ‘‘rule, order, or consent agreement’’. 

11 (b) SECTION 5.—Section 5 of the Toxic Substances 

12 Control Act (15 U.S.C. 2604) is amended— 

13 (1) in subsection (b)— 

14 (A) in paragraph (1)(A)— 

15 (i) by striking ‘‘rule promulgated’’ 

16 and inserting ‘‘rule, order, or consent 

17 agreement’’; and 

18 (ii) by striking ‘‘such rule’’ and insert19 ing ‘‘such rule, order, or consent agree20 ment’’; 

21 (B) in paragraph (1)(B)— 

22 (i) by striking ‘‘rule promulgated’’ 

23 and inserting ‘‘rule or order’’; and 

24 (ii) by striking ‘‘the date of the sub25 mission in accordance with such rule’’ and 


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1 inserting ‘‘the required date of submis2 sion’’; and 

3 (C) in paragraph (2)(A)(ii), by striking 

4 ‘‘rule promulgated’’ and inserting ‘‘rule, order, 

5 or consent agreement’’; 

6 (2) in subsection (d)(2)(C), by striking ‘‘rule’’ 

7 and inserting ‘‘rule, order, or consent agreement’’; 

8 and 

9 (3) in subsection (h)(4), by striking ‘‘para10 graphs (2) and (3) of section 6(c)’’ and inserting 

11 ‘‘paragraph (2) of section 6(c)’’. 

12 (c) SECTION 6.—Section 6 of the Toxic Substances 

13 Control Act (15 U.S.C. 2605) is amended— 

14 (1) in subsection (d)(2)(B)— 

15 (A) by striking ‘‘, provide reasonable op16 portunity, in accordance with paragraphs (2) 

17 and (3) of subsection (c), for a hearing on such 

18 rule,’’ and inserting ‘‘in accordance with para19 graph (2) of subsection (c),’’; and 

20 (B) by striking ‘‘; and if such a hearing is 

21 requested’’ and all that follows through ‘‘or re22 voke it.’’ and inserting a period; and 

23 (2) in subsection (e)(4), by striking ‘‘para24 graphs (2), (3), and (4) of subsection (c)’’ and in25 serting ‘‘paragraph (2) of subsection (c)’’. 


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1 (d) SECTION 7.—Section 7(a)(1) of the Toxic Sub2 stances Control Act (15 U.S.C. 2606(a)(1)) is amended, 

3 in the matter following subparagraph (C), by striking ‘‘a 

4 rule under section 4, 5, 6, or title IV or an order under 

5 section 5 or title IV’’ and inserting ‘‘a rule under section 

6 4, 5, or 6 or title IV, an order under section 4 or 5 or 

7 title IV, or a consent agreement under section 4’’. 

8 (e) SECTION 8.—Section 8(a)(3)(A)(ii)(I) of the 

9 Toxic Substances Control Act (15 U.S.C. 

10 2607(a)(3)(A)(ii)(I)) is amended by striking ‘‘or an order 

11 in effect under section 5(e)’’ and inserting ‘‘, an order in 

12 effect under section 4 or 5(e), or a consent agreement 

13 under section 4’’. 

14 (f) SECTION 9.—Section 9(a) of the Toxic Substances 

15 Control Act (15 U.S.C. 2608(a)) is amended by striking 

16 ‘‘section 6’’ each place it appears and inserting ‘‘section 

17 6(a)’’. 

18 (g) SECTION 11.—Section 11(b)(2)(E) of the Toxic 

19 Substances Control Act (15 U.S.C. 2610(b)(2)(E)) is 

20 amended by striking ‘‘rule promulgated’’ and inserting 

21 ‘‘rule promulgated, order issued, or consent agreement en22 tered into’’. 

23 (h) SECTION 15.—Section 15(1) of the Toxic Sub24 stances Control Act (15 U.S.C. 2614(1)) is amended by 

25 striking ‘‘(A) any rule’’ and all that follows through ‘‘or 


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1 (D)’’ and inserting ‘‘any requirement of this title or any 

2 rule promulgated, order issued, or consent agreement en3 tered into under this title, or’’. 

4 (i) SECTION 18.—Section 18(a)(2)(A) of the Toxic 

5 Substances Control Act (15 U.S.C. 2617(a)(2)(A)) is 

6 amended— 

7 (1) by striking ‘‘rule promulgated’’ and insert8 ing ‘‘rule, order, or consent agreement’’; and 

9 (2) by striking ‘‘such rule’’ each place it ap10 pears and inserting ‘‘such rule, order, or consent 

11 agreement’’. 

12 (j) SECTION 19.—Section 19 of the Toxic Substances 

13 Control Act (15 U.S.C. 2618) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)(A)— 

16 (i) by striking ‘‘(A) Not later than 60 

17 days after the date of the promulgation of 

18 a rule’’ and inserting ‘‘Not later than 60 

19 days after the date on which a rule is pro20 mulgated’’; 

21 (ii) by inserting ‘‘or the date on which 

22 an order is issued under section 4,’’ before 

23 ‘‘any person’’; 

24 (iii) by striking ‘‘such rule’’ and in25 serting ‘‘such rule or order’’; and 


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1 (iv) by striking ‘‘such a rule’’ and in2 serting ‘‘such a rule or order’’; 

3 (B) by striking paragraph (1)(B); 

4 (C) in paragraph (2), by striking ‘‘the 

5 rule’’ and inserting ‘‘the rule or order’’; and 

6 (D) in paragraph (3)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘the rule’’ and inserting ‘‘the rule or 

9 order’’; 

10 (ii) in subparagraph (B), by striking 

11 ‘‘a rule under section 4(a)’’ and inserting 

12 ‘‘a rule or order under section 4(a)’’; 

13 (iii) in subparagraph (C), by striking 

14 ‘‘such rule’’ and inserting ‘‘such rule or 

15 order’’; 

16 (iv) in subparagraph (D), by striking 

17 ‘‘such rule’’ and inserting ‘‘such rule or 

18 order’’; and 

19 (v) in subparagraph (E)— 

20 (I) by striking ‘‘to such rule’’ and 

21 inserting ‘‘to such rule or order’’; and 

22 (II) by striking ‘‘the date of the 

23 promulgation of such rule’’ and in24 serting ‘‘the date on which such rule 


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1 is promulgated or such order is 

2 issued’’; 

3 (2) in subsection (b)— 

4 (A) by striking ‘‘review a rule’’ and insert5 ing ‘‘review a rule, or an order under section 

6 4,’’; 

7 (B) by striking ‘‘such rule’’ and inserting 

8 ‘‘such rule or order’’; 

9 (C) by striking ‘‘the rule’’ and inserting 

10 ‘‘the rule or order’’; 

11 (D) by striking ‘‘new rule’’ each place it 

12 appears and inserting ‘‘new rule or order’’; and 

13 (E) by striking ‘‘modified rule’’ and insert14 ing ‘‘modified rule or order’’; and 

15 (3) in subsection (c)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (A)— 

18 (I) by striking ‘‘a rule’’ and in19 serting ‘‘a rule, or an order under sec20 tion 4’’; and 

21 (II) by striking ‘‘such rule’’ and 

22 inserting ‘‘such rule or order’’; and 

23 (ii) in subparagraph (B)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘a rule’’ and inserting 

3 ‘‘a rule or order’’; 

4 (II) in clause (i)— 

5 (aa) by inserting ‘‘or an 

6 order under section 4,’’ before 

7 ‘‘the standard for review’’; 

8 (bb) by striking ‘‘such rule’’ 

9 and inserting ‘‘such rule or 

10 order’’; 

11 (cc) by striking ‘‘the rule’’ 

12 and inserting ‘‘the rule or order’’; 

13 and 

14 (dd) by striking the semi15 colon and inserting ‘‘; and’’; and 

16 (III) by striking clause (ii) and 

17 redesignating clause (iii) as clause 

18 (ii); and 

19 (B) in paragraph (2), by striking ‘‘any 

20 rule’’ and inserting ‘‘any rule or order’’. 

21 (k) SECTION 20.—Section 20(a)(1) of the Toxic Sub22 stances Control Act (15 U.S.C. 2619(a)(1)) is amended 

23 by striking ‘‘order issued under section 5’’ and inserting 

24 ‘‘order issued under section 4 or 5’’. 


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1 (l) SECTION 21.—Section 21 of the Toxic Substances 

2 Control Act (15 U.S.C. 2620) is amended— 

3 (1) in subsection (a), by striking ‘‘order under 

4 section 5(e) or (6)(b)(2)’’ and inserting ‘‘order 

5 under section 4 or 5(e)’’; and 

6 (2) in subsection (b)— 

7 (A) in paragraph (1), by striking ‘‘order 

8 under section 5(e), 6(b)(1)(A), or 6(b)(1)(B)’’ 

9 and inserting ‘‘order under section 4 or 5(e)’’; 

10 and 

11 (B) in paragraph (4)(B)— 

12 (i) in the matter preceding clause (i), 

13 by striking ‘‘order under section 5(e) or 

14 6(b)(2)’’ and inserting ‘‘order under sec15 tion 4 or 5(e)’’; 

16 (ii) in clause (i), by striking ‘‘order 

17 under section 5(e)’’ and inserting ‘‘order 

18 under section 4 or 5(e)’’; and 

19 (iii) in clause (ii), by striking ‘‘or an 

20 order under section 6(b)(2)’’. 

21 (m) SECTION 24.—Section 24(b)(2)(B) of the Toxic 

22 Substances Control Act (15 U.S.C. 2623(b)(2)(B)) is 

23 amended— 

24 (1) by inserting ‘‘and’’ at the end of clause (i); 

25 (2) by striking clause (ii); and 


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1 (3) by redesignating clause (iii) as clause (ii). 

2 (n) SECTION 27.—Section 27(a) of the Toxic Sub3 stances Control Act (15 U.S.C. 2626(a)) is amended by 

4 striking ‘‘rules promulgated’’ and inserting ‘‘rules, orders, 

5 or consent agreements’’. 

6 (o) SECTION 30.—Section 30(2) of the Toxic Sub7 stances Control Act (15 U.S.C. 2629(2)) is amended by 

8 striking ‘‘rule’’ and inserting ‘‘rule, order, or consent 

9 agreement’’. 

Passed the House of Representatives June 23, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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