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[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
```