IB 

Union Calendar No. 131 

114TH CONGRESS 

1ST SESSION H. R. 2576 

[Report No. 114–176] 

To modernize the Toxic Substances Control Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2015 

Mr. SHIMKUS (for himself, Mr. UPTON, Mr. PALLONE, and Mr. TONKO) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

JUNE 23, 2015 

Additional sponsors: Mr. HARPER, Mr. GENE GREEN of Texas, Mr. LATTA, 

Mr. BILIRAKIS, Mr. MOOLENAAR, Mr. DESJARLAIS, Mr. SCHWEIKERT, 

Mr. SCHRADER, Ms. SCHAKOWSKY, Mr. CARTER of Georgia, Mr. RICHMOND, Mr. RUSH, and Mr. THOMPSON of Mississippi 

JUNE 23, 2015 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 26, 2015] 


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A BILL 

To modernize the Toxic Substances Control Act, and for 

other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘TSCA Modernization Act of 2015’’. 

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

7 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. 

8 SEC. 2. DEFINITIONS. 

9 Section 3 of the Toxic Substances Control Act (15 

10 U.S.C. 2602) is amended— 

11 (1) by redesignating paragraphs (7) through (14) 

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

13 (16), respectively; 

14 (2) by inserting after paragraph (6) the fol15 lowing: 

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

17 circumstances under which a chemical substance is in18 tended, known, or reasonably foreseeable to be manufac19 tured, processed, distributed in commerce, used, and dis20 posed of.’’; and 


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1 (3) by inserting after paragraph (10), as so re2 designated, the following: 

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

4 means a group of individuals within the general population 

5 who, due to either greater susceptibility or greater potential 

6 exposure, are likely to be at greater risk than the general 

7 population of adverse health effects from exposure to a 

8 chemical substance.’’. 

9 SEC. 3. TESTING OF CHEMICAL SUBSTANCES AND MIX10 TURES. 

11 Section 4 of the Toxic Substances Control Act (15 

12 U.S.C. 2603) is amended— 

13 (1) in subsection (a)(1)— 

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

15 or’’ and inserting a semicolon; 

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

17 and’’ and inserting ‘‘; or’’; and 

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

19 ‘‘(C) testing of a chemical substance is necessary 

20 to conduct a risk evaluation under section 6(b); and’’; 

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

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

23 rule’’; and 


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

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

3 (1)(B), or (1)(C)’’. 

4 SEC. 4. REGULATION OF HAZARDOUS CHEMICAL SUB5 STANCES AND MIXTURES. 

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

7 Substances Control Act (15 U.S.C. 2605(a)) is amended— 

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

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

10 subsection (b)’’; 

11 (2) by inserting ‘‘or designates a chemical sub12 stance under subsection (i)(2),’’ before ‘‘the Adminis13 trator shall by rule’’; and 

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

15 such risk using the least burdensome requirements’’ 

16 and inserting ‘‘so that the chemical substance or mix17 ture no longer presents or will present an unreason18 able risk, including an identified unreasonable risk to 

19 a potentially exposed subpopulation’’. 

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

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

22 read as follows: 

23 ‘‘(b) RISK EVALUATIONS.— 

24 ‘‘(1) IN GENERAL.—The Administrator shall con25 duct risk evaluations pursuant to this subsection to 


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1 determine whether or not a chemical substance pre2 sents or will present, in the absence of requirements 

3 under subsection (a), an unreasonable risk of injury 

4 to health or the environment. 

5 ‘‘(2) APPLYING REQUIREMENTS.—The Adminis6 trator shall apply requirements with respect to a 

7 chemical substance through a rule under subsection 

8 (a) only if the Administrator determines through a 

9 risk evaluation under this subsection that the chem10 ical substance presents or will present, in the absence 

11 of such requirements, an unreasonable risk of injury 

12 to health or the environment. 

13 ‘‘(3) CONDUCTING RISK EVALUATION.— 

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

15 Administrator shall conduct and publish the re16 sults of a risk evaluation under this subsection 

17 for a chemical substance if— 

18 ‘‘(i) the Administrator determines that 

19 the chemical substance may present an un20 reasonable risk of injury to health or the en21 vironment because of potential hazard and 

22 a potential route of exposure under the in23 tended conditions of use; or 

24 ‘‘(ii) a manufacturer of the chemical 

25 substance requests such a risk evaluation. 


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

2 Administrator may, without making a deter3 mination under subparagraph (A)(i), conduct 

4 and publish the results of a risk evaluation 

5 under this subsection for a chemical substance 

6 that, on the date of enactment of the TSCA Mod7 ernization Act of 2015, is listed in the TSCA 

8 Work Plan for Chemical Assessments published 

9 by the Administrator. 

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

11 evaluation under this subsection, the Administrator 

12 shall— 

13 ‘‘(A) integrate and assess information on 

14 hazards and exposures for all of the intended 

15 conditions of use of the chemical substance, in16 cluding information that is relevant to specific 

17 risks of injury to health or the environment and 

18 information on potentially exposed subpopula19 tions; 

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

21 other factors not directly related to health or the 

22 environment; 

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

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1 ber of exposures under the intended conditions of 

2 use of the chemical substance; 

3 ‘‘(D) describe the weight of the scientific evi4 dence for identified hazard and exposure; 

5 ‘‘(E) consider whether the weight of the sci6 entific evidence supports the identification of 

7 doses of the chemical substance below which no 

8 adverse effects can be expected to occur; and 

9 ‘‘(F) in the case of a risk evaluation re10 quested by a manufacturer under paragraph 

11 (3)(A)(ii), ensure that the costs to the Environ12 mental Protection Agency, including contractor 

13 costs, of conducting the risk evaluation are paid 

14 for by the manufacturer. 

15 ‘‘(5) DEADLINES.— 

16 ‘‘(A) RISK EVALUATIONS.—The Adminis17 trator shall conduct and publish a risk evalua18 tion under this subsection for a chemical sub19 stance as soon as reasonably possible, subject to 

20 the availability of resources, but not later than 

21 3 years after the date on which— 

22 ‘‘(i) the Administrator— 

23 ‘‘(I) makes a determination under 

24 paragraph (3)(A)(i); or 


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1 ‘‘(II) begins the risk evaluation 

2 under paragraph (3)(B); or 

3 ‘‘(ii) a manufacturer requests the risk 

4 evaluation under paragraph (3)(A)(ii). 

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

6 a risk evaluation conducted under this sub7 section, the Administrator determines that a 

8 chemical substance presents or will present, in 

9 the absence of a rule under subsection (a), an 

10 unreasonable risk of injury to health or the envi11 ronment, the Administrator shall— 

12 ‘‘(i) propose a rule under subsection 

13 (a) for the chemical substance not later than 

14 90 days after the date on which the risk 

15 evaluation regarding such chemical sub16 stance is published under subparagraph (A); 

17 and 

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

19 final rule not later than 180 days after the 

20 date on which the risk evaluation regarding 

21 such chemical substance is published under 

22 subparagraph (A). 

23 ‘‘(C) EXTENSION.—If the Administrator de24 termines that additional information is nec25 essary to make a risk evaluation determination 


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1 under this subsection, the Administrator may ex2 tend the deadline under subparagraph (A) ac3 cordingly, except that the deadline may not be 

4 extended to a date that is later than— 

5 ‘‘(i) 90 days after receipt of such addi6 tional information; or 

7 ‘‘(ii) 2 years after the original dead8 line. 

9 ‘‘(6) DETERMINATIONS OF NO UNREASONABLE

10 RISK.— 

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

12 than 30 days before publishing a final deter13 mination under this subsection that a chemical 

14 substance does not and will not present an un15 reasonable risk of injury to health or the envi16 ronment, the Administrator shall make a pre17 liminary determination to such effect and pro18 vide public notice of, and an opportunity for 

19 comment regarding, such preliminary deter20 mination. 

21 ‘‘(B) POTENTIALLY EXPOSED SUBPOPULA22 TIONS.—The Administrator shall not make a de23 termination under this subsection that a chem24 ical substance will not present an unreasonable 

25 risk of injury to health or the environment if the 


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1 Administrator determines that the chemical sub2 stance, under the intended conditions of use, pre3 sents or will present an unreasonable risk of in4 jury to 1 or more potentially exposed subpopula5 tions. 

6 ‘‘(C) FINAL ACTION.—A final determination 

7 under this subsection that a chemical substance 

8 will not present an unreasonable risk of injury 

9 to health or the environment shall be considered 

10 a final agency action. 

11 ‘‘(7) MINIMUM NUMBER.—Subject to the avail12 ability of appropriations, the Administrator shall ini13 tiate 10 or more risk evaluations under paragraphs 

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

15 the fiscal year of the date of enactment of the TSCA 

16 Modernization Act of 2015.’’. 

17 (c) PROMULGATION OF SUBSECTION (a) RULES.—Sec18 tion 6(c) of the Toxic Substances Control Act (15 U.S.C. 

19 2605(c)) is amended— 

20 (1) by amending paragraph (1) to read as fol21 lows: 

22 ‘‘(1) REQUIREMENTS FOR RULE.—In promul23 gating any rule under subsection (a) with respect to 

24 a chemical substance or mixture, the Administrator 

25 shall— 


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

2 respect to— 

3 ‘‘(i) the effects of the chemical sub4 stance or mixture on health and the mag5 nitude of the exposure of human beings to 

6 the chemical substance or mixture; 

7 ‘‘(ii) the effects of the chemical sub8 stance or mixture on the environment and 

9 the magnitude of the exposure of the envi10 ronment to the chemical substance or mix11 ture; 

12 ‘‘(iii) the benefits of the chemical sub13 stance or mixture for various uses; and 

14 ‘‘(iv) the reasonably ascertainable eco15 nomic consequences of the rule, including 

16 consideration of the likely effect of the rule 

17 on the national economy, small business, 

18 technological innovation, the environment, 

19 and public health; 

20 ‘‘(B) impose requirements under the rule 

21 that the Administrator determines, consistent 

22 with the information published under subpara23 graph (A), are cost-effective, except where the Ad24 ministrator determines that additional or dif25 ferent requirements described in subsection (a) 


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1 are necessary to protect against the identified 

2 risk; 

3 ‘‘(C) based on the information published 

4 under subparagraph (A), in deciding whether to 

5 prohibit or restrict in a manner that substan6 tially prevents a specific use of a chemical sub7 stance or mixture and in setting an appropriate 

8 transition period for such action, determine 

9 whether technically and economically feasible al10 ternatives that benefit health or the environment, 

11 compared to the use so proposed to be prohibited 

12 or restricted, will be reasonably available as a 

13 substitute when the proposed prohibition or other 

14 restriction takes effect; 

15 ‘‘(D) exempt replacement parts designed 

16 prior to the date of publication in the Federal 

17 Register of the rule unless the Administrator 

18 finds such replacement parts contribute signifi19 cantly to the identified risk, including identified 

20 risk to identified potentially exposed subpopula21 tions; and 

22 ‘‘(E) in selecting among prohibitions and 

23 other restrictions to address an identified risk, 

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1 ture contained in the article only to the extent 

2 necessary to protect against the identified risk.’’; 

3 (2) in paragraph (2)— 

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

5 ‘‘When prescribing a rule’’; 

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

7 an informal hearing in accordance with para8 graph (3); (D)’’; 

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

10 ‘‘; and (D)’’; and 

11 (D) by moving such paragraph 2 ems to the 

12 right; 

13 (3) by striking paragraphs (3) and (4) and re14 designating paragraph (5) as paragraph (3); and 

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

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

17 and (4)’’ and inserting ‘‘APPLICATION.—Para18 graphs (1) and (2)’’; and 

19 (B) by moving such paragraph 2 ems to the 

20 right. 

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

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

23 amended by adding at the end the following: ‘‘Any rule pro24 mulgated under subsection (a) shall provide for a reasonable 

25 transition period.’’. 


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1 (e) NON-RISK FACTORS; CRITICAL USE EXEMPTIONS; 

2 PBT CHEMICALS.—Section 6 of the Toxic Substances Con3 trol Act (15 U.S.C. 2605) is amended by adding at the end 

4 the following: 

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

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

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

8 ‘‘(h) CRITICAL USE EXEMPTIONS.— 

9 ‘‘(1) CRITERIA FOR EXEMPTION.—The Adminis10 trator may grant an exemption from a requirement 

11 of a subsection (a) rule for a specific use of a chem12 ical substance or mixture, if— 

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

14 with respect to the specific use, as determined by 

15 the Administrator pursuant to subsection 

16 (c)(1)(B); and 

17 ‘‘(B) the Administrator finds that— 

18 ‘‘(i) the specific use is a critical or es19 sential use; or 

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

21 respect to the specific use, would signifi22 cantly disrupt the national economy, na23 tional security, or critical infrastructure. 

24 ‘‘(2) PROCEDURE.—An exemption granted under 

25 paragraph (1) shall be— 


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1 ‘‘(A) supported by clear and convincing evi2 dence; 

3 ‘‘(B) preceded by public notice of the pro4 posed exemption and an opportunity for com5 ment; and 

6 ‘‘(C) followed by notice of the granted ex7 emption— 

8 ‘‘(i) to the public, by the Adminis9 trator; and 

10 ‘‘(ii) to known commercial purchasers 

11 of the chemical substance or mixture with 

12 respect to which the exemption applies, by 

13 the manufacturers and processors of such 

14 chemical substance or mixture. 

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

16 granted under paragraph (1) shall expire after a pe17 riod not to exceed 5 years, but may be renewed for 

18 one or more additional 5-year periods if the Adminis19 trator finds that the requirements of paragraph (1) 

20 continue to be met. 

21 ‘‘(4) CONDITIONS.—The Administrator shall im22 pose conditions on any use for which an exemption 

23 is granted under paragraph (1) to reduce risk from 

24 the chemical substance or mixture to the greatest ex25 tent feasible. 


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1 ‘‘(i) CHEMICALS THAT ARE PERSISTENT, BIOACCUMU2 LATIVE, AND TOXIC.— 

3 ‘‘(1) IDENTIFICATION.—Not later than 9 months 

4 after the date of enactment of the TSCA Moderniza5 tion Act of 2015, the Administrator shall publish a 

6 list of those chemical substances that the Adminis7 trator has a reasonable basis to conclude are per8 sistent, bioaccumulative, and toxic, not including any 

9 chemical substance that is a metal, a metal com10 pound, or subject to subsection (e). 

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

12 than 2 years after the date of enactment of the TSCA 

13 Modernization Act of 2015, the Administrator shall 

14 designate as a PBT chemical of concern each chemical 

15 substance on the list published under paragraph (1)— 

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

17 bioaccumulation, scores high for one and either 

18 high or moderate for the other, pursuant to the 

19 TSCA Work Plan Chemicals Methods Document 

20 published by the Administrator in February 

21 2012; and 

22 ‘‘(B) exposure to which is likely to the gen23 eral population or to a potentially exposed sub24 population identified by the Administrator. 


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1 ‘‘(3) EXPEDITED ACTION.—Notwithstanding sub2 section (b)(2), subject to the availability of appropria3 tions, not later than 2 years after designating a 

4 chemical substance under paragraph (2), the Admin5 istrator shall promulgate a rule under subsection (a) 

6 with respect to the chemical substance to reduce likely 

7 exposure to the extent practicable. 

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

9 any time prior to the date that is 90 days after the 

10 date on which the Administrator publishes the list 

11 under paragraph (1), the Administrator makes a 

12 finding under subsection (b)(3)(A)(i), or a manufac13 turer requests a risk evaluation under subsection 

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

15 such chemical substance shall not be subject to this 

16 subsection.’’. 

17 SEC. 5. RELATIONSHIP TO OTHER FEDERAL LAWS. 

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

19 U.S.C. 2608(b)) is amended— 

20 (1) by striking ‘‘The Administrator shall coordi21 nate’’ and inserting ‘‘(1) The Administrator shall co22 ordinate’’; and 

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

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

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


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

2 substance or mixture rather than under another law admin3 istered in whole or in part by the Administrator, the Ad4 ministrator shall consider the relevant risks, and compare 

5 the estimated costs and efficiencies, of the action to be taken 

6 under this title and an action to be taken under such other 

7 law to protect against such risk.’’. 

8 SEC. 6. DISCLOSURE OF DATA. 

9 Section 14 of the Toxic Substances Control Act (15 

10 U.S.C. 2613) is amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘or’’ at the end of para13 graph (3); 

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

15 paragraph (4) and inserting a semicolon; and 

16 (C) by adding after paragraph (4) the fol17 lowing new paragraphs: 

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

19 government official upon request of the official for the 

20 purpose of administration or enforcement of a law; 

21 and 

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

23 ‘‘(A) to a health or environmental profes24 sional employed by a Federal or State agency in 

25 response to an environmental release; or 


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1 ‘‘(B) to a treating physician or other health 

2 care professional to assist in the diagnosis or 

3 treatment of 1 or more individuals.’’; 

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

5 subparagraph (B)— 

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

7 inserting ‘‘data that disclose formulas (including 

8 molecular structures) of a chemical substance or 

9 mixture,’’; 

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

11 ‘‘mixture, or,’’; and 

12 (C) by striking ‘‘the release of data dis13 closing’’; 

14 (3) in subsection (c)— 

15 (A) by striking the subsection heading and 

16 inserting ‘‘DESIGNATING AND SUBSTANTIATING

17 CONFIDENTIALITY.—’’; 

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

19 follows: ‘‘(1)(A) In submitting information under 

20 this Act after date of enactment of the TSCA 

21 Modernization Act of 2015, a manufacturer, 

22 processor, or distributor in commerce shall des23 ignate the information which such person be24 lieves is entitled to protection under this section, 

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1 rately from other information submitted under 

2 this Act. A designation under this subparagraph 

3 shall be made in writing and in such manner as 

4 the Administrator may prescribe, and shall in5 clude— 

6 ‘‘(i) justification for each designation of 

7 confidentiality; 

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

9 not otherwise publicly available; and 

10 ‘‘(iii) separate copies of all submitted infor11 mation, with 1 copy containing and 1 copy ex12 cluding the information to which the request ap13 plies. 

14 ‘‘(B) Designations made under subparagraph 

15 (A) after the date of enactment of the TSCA Mod16 ernization Act of 2015 shall expire after 10 years, at 

17 which time the information shall be made public un18 less the manufacturer, processor, or distributor in 

19 commerce has reasserted the claim for protection, in 

20 writing and in such manner as the Administrator 

21 may prescribe, including all of the elements required 

22 for the initial submission. 

23 ‘‘(C) Not later than 60 days prior to making in24 formation public under subparagraph (B), the Ad25 ministrator shall notify, as appropriate and pracVerDate Sep 11 2014 21:50 Jun 23, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H2576.RH H2576

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1 ticable, the manufacturer, processor, or distributor in 

2 commerce who designated the information under sub3 paragraph (A) of the date on which such information 

4 will be made public unless a request for renewal is 

5 granted under subparagraph (B).’’; and 

6 (C) in paragraph (2)— 

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

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

9 such designation pursuant to paragraph 

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

11 (ii) in subparagraph (B)(i), by strik12 ing ‘‘or (4)’’ and inserting ‘‘(4), or (6)’’; 

13 and 

14 (4) by adding at the end the following new sub15 sections: 

16 ‘‘(f) PROHIBITION.—No person who receives informa17 tion as permitted under subsection (a) may use such infor18 mation for any purpose not specified in such subsection, 

19 nor disclose such information to any person not authorized 

20 to receive such information. 

21 ‘‘(g) SAVINGS.—Nothing in this section shall be con22 strued to affect the applicability of State or Federal rules 

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


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1 SEC. 7. EFFECT ON STATE LAW. 

2 (a) IN GENERAL.—Section 18(a) of the Toxic Sub3 stances Control Act (15 U.S.C. 2617(a)) is amended— 

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

5 inserting a semicolon; 

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

7 the following: 

8 ‘‘(B) if the Administrator makes a final deter9 mination under section 6(b) that a chemical sub10 stance will not present an unreasonable risk of injury 

11 to health or the environment under the intended con12 dition of use, no State or political subdivision may, 

13 after the date of publication of such determination, es14 tablish or continue in effect any requirement that ap15 plies to such chemical substance under the intended 

16 conditions of use considered by the Administrator in 

17 the risk evaluation under section 6(b), and is designed 

18 to protect against exposure to such chemical substance 

19 under the intended conditions of use, unless the re20 quirement of the State or political subdivision— 

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

22 Federal law; or 

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

24 quality or is related to waste treatment or waste 

25 disposal, except that this clause does not apply 

26 to such a requirement if a provision of this title, 


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1 or an action or determination made by the Ad2 ministrator under this title, actually conflicts 

3 with the requirement; and 

4 ‘‘(C) if the Administrator imposes a requirement, 

5 through a rule or order under section 5 or 6, that ap6 plies to a chemical substance or mixture (other than 

7 a requirement described in section 6(a)(6)) and is de8 signed to protect against a risk of injury to health or 

9 the environment associated with such chemical sub10 stance or mixture, no State or political subdivision 

11 may, after the effective date of such requirement, es12 tablish or continue in effect any requirement that ap13 plies to such chemical substance or mixture (includ14 ing a requirement that applies to an article because 

15 the article contains the chemical substance or mix16 ture) and is designed to protect against exposure to 

17 the chemical substance or mixture either under the in18 tended conditions of use considered by the Adminis19 trator in the risk evaluation under section 6(b) or 

20 from a use identified in a notice received by the Ad21 ministrator under section 5(a), or, in the case of a re22 quirement imposed pursuant to section 6(i), is de23 signed to protect against a risk of injury considered 

24 by the Administrator in imposing such requirement, 


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1 unless the requirement of the State or political sub2 division— 

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

4 by the Administrator; 

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

6 Federal law; or 

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

8 quality or is related to waste treatment or waste 

9 disposal, except that this clause does not apply 

10 to such a requirement if a provision of this title, 

11 or an action or determination made by the Ad12 ministrator under this title, actually conflicts 

13 with the requirement.’’; and 

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

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

16 in paragraph (2)(C)(i)— 

17 ‘‘(A) a State may not assess a penalty for a spe18 cific violation for which the Administrator has as19 sessed a penalty under section 16; and 

20 ‘‘(B) if a State has assessed a penalty for a spe21 cific violation, the Administrator may not assess a 

22 penalty for that violation in an amount that would 

23 cause the total of the penalties assessed for the viola24 tion by the State and the Administrator combined to 

25 exceed the maximum amount that may be assessed for 


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1 that violation by the Administrator under section 

2 16.’’. 

3 (b) SAVINGS.—Section 18 of the Toxic Substances Con4 trol Act (15 U.S.C. 2617) is amended by adding at the end 

5 the following: 

6 ‘‘(c) SAVINGS.— 

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

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

9 or requirement completed or implemented under this 

10 title, shall be construed to preempt or otherwise affect 

11 the authority of a State or political subdivision of a 

12 State to continue to enforce any action taken before 

13 August 1, 2015, under the authority of a State law 

14 that prohibits or otherwise restricts the manufac15 turing, processing, distribution in commerce, use, or 

16 disposal of a chemical substance, or any action taken 

17 pursuant to a State law that was in effect on August 

18 31, 2003, unless an action or determination made by 

19 the Administrator under this title actually conflicts 

20 with the action taken pursuant to such a State law. 

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

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

23 or requirement completed or implemented under this 

24 title, shall be construed to preempt or otherwise affect 

25 either Federal or State tort law or the law governing 


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1 the interpretation of contracts of any State, including 

2 any remedy for civil relief, whether under statutory 

3 or common law, including a remedy for civil dam4 ages, and any cause of action for personal injury, 

5 wrongful death, property damage, or other injury 

6 based on negligence, strict liability, products liability, 

7 failure to warn, or any other legal theory relating to 

8 tort law. 

9 ‘‘(3) INTENT OF CONGRESS.—It is not the intent 

10 of Congress that this title, or rules, regulations, or or11 ders issued pursuant to this title, be interpreted as in12 fluencing, in either a plaintiff’s or defendant’s favor, 

13 the disposition of any civil action for damages in a 

14 State court, or the authority of any court to make a 

15 determination in an adjudicatory proceeding under 

16 applicable State law with respect to the admissibility 

17 of evidence, unless a provision of this title actually 

18 conflicts with the State court action. 

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

20 the term ‘requirements’ does not include civil tort ac21 tions for damages under State law.’’. 

22 (c) EFFECT OF ACTIONS BY ADMINISTRATOR.—Noth23 ing in this Act, or the amendments made by this Act, shall 

24 be construed as changing the preemptive effect of an action 


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1 taken by the Administrator prior to the date of enactment 

2 of this Act or under section 6(e). 

3 SEC. 8. ADMINISTRATION OF THE ACT. 

4 Section 26 of the Toxic Substances Control Act (15 

5 U.S.C. 2625) is amended— 

6 (1) in subsection (b)(1)— 

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

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

9 and not more than reasonably necessary’’ after 

10 ‘‘section 4 or 5’’; 

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

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

13 ‘‘to defray the cost’’; 

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

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

16 collected’’; and 

17 (E) by striking ‘‘Such rules shall not pro18 vide for any fee in excess of $2,500 or, in the 

19 case of a small business concern, any fee in ex20 cess of $100.’’ and inserting ‘‘Such rules shall 

21 provide for lower fees for small business con22 cerns.’’; 

23 (2) by adding at the end of subsection (b) the fol24 lowing: 

25 ‘‘(3) FUND.— 


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

2 the Treasury of the United States a revolving fund, 

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

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

5 such amounts as are deposited in the Fund under this 

6 paragraph. 

7 ‘‘(B) COLLECTION AND DEPOSIT OF FEES.—The 

8 Administrator shall collect the fees described in para9 graph (1) and deposit those fees in the Fund. 

10 ‘‘(C) CREDITING AND AVAILABILITY OF FEES.— 

11 On request by the Administrator, the Secretary of the 

12 Treasury shall transfer from the Fund to the Admin13 istrator amounts appropriated to pay or recover the 

14 full costs incurred by the Environmental Protection 

15 Agency, including contractor costs, in carrying out 

16 the provisions of this title for which the fees are col17 lected under paragraph (1). 

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

19 Amounts equivalent to fees collected by the Adminis20 trator and deposited in the Fund under this section 

21 shall be available without fiscal year limitation to the 

22 Administrator, subject to the availability of appro23 priations, for use only in administering the provi24 sions of this title for which the fees are collected. 

25 ‘‘(E) ACCOUNTING AND AUDITING.— 


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1 ‘‘(i) ACCOUNTING.—The Administrator shall 

2 biennially prepare and submit to the Committee 

3 on Environment and Public Works of the Senate 

4 and the Committee on Energy and Commerce of 

5 the House of Representatives a report that in6 cludes an accounting of the fees paid to the Ad7 ministrator under this paragraph and amounts 

8 disbursed from the Fund for the period covered 

9 by the report, as reflected by financial statements 

10 provided in accordance with sections 3515 and 

11 3521 of title 31, United States Code. 

12 ‘‘(ii) AUDITING.— 

13 ‘‘(I) IN GENERAL.—For the purpose of 

14 section 3515(c) of title 31, United States 

15 Code, the Fund shall be considered a compo16 nent of a covered executive agency. 

17 ‘‘(II) COMPONENTS OF AUDIT.—The 

18 annual audit required in accordance with 

19 sections 3515 and 3521 of title 31, United 

20 States Code, of the financial statements of 

21 activities carried out using amounts from 

22 the Fund shall include an analysis of— 

23 ‘‘(aa) the fees collected and 

24 amounts disbursed under this sub25 section; 


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1 ‘‘(bb) the reasonableness of the fees 

2 in place as of the date of the audit to 

3 meet current and projected costs of ad4 ministering the provisions of the title 

5 for which the fees are collected; and 

6 ‘‘(cc) the number of requests for a 

7 risk evaluation made by manufacturers 

8 under section 6(b)(3)(A)(ii). 

9 ‘‘(III) FEDERAL RESPONSIBILITY.— 

10 The Inspector General of the Environmental 

11 Protection Agency shall conduct the annual 

12 audit described in subclause (II) and sub13 mit to the Administrator a report that de14 scribes the findings and any recommenda15 tions of the Inspector General resulting from 

16 the audit.’’; and 

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

18 ‘‘(h) SCIENTIFIC STANDARDS.—In carrying out sec19 tions 4, 5, and 6, to the extent that the Administrator makes 

20 a decision based on science, the Administrator shall con21 sider, as applicable— 

22 ‘‘(1) the extent to which the scientific and tech23 nical procedures, measures, methods, or models em24 ployed to generate the information are reasonable for 

25 and consistent with the use of the information; 


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1 ‘‘(2) the extent to which the information is rel2 evant for the Administrator’s use in making a deci3 sion about a chemical substance or mixture; 

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

5 which the data, assumptions, methods, quality assur6 ance, and analyses employed to generate the informa7 tion are documented; 

8 ‘‘(4) the extent to which the variability and un9 certainty in the information, or in the procedures, 

10 measures, methods, or models, are evaluated and char11 acterized; and 

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

13 peer review of the information or of the procedures, 

14 measures, methods, or models. 

15 ‘‘(i) WEIGHT OF SCIENTIFIC EVIDENCE.—The Admin16 istrator shall make decisions under sections 4, 5, and 6 

17 based on the weight of the scientific evidence. 

18 ‘‘(j) AVAILABILITY OF INFORMATION.—Subject to sec19 tion 14, the Administrator shall make available to the pub20 lic all notices, determinations, findings, rules, and orders 

21 of the Administrator under this title. 

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

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

24 after the date of enactment of the TSCA Moderniza25 tion Act of 2015, the Administrator shall develop any 


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1 policies, procedures, and guidance the Administrator 

2 determines are necessary to carry out the amendments 

3 to this Act made by the TSCA Modernization Act of 

4 2015. 

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

6 date of enactment of the TSCA Modernization Act of 

7 2015, and not less frequently than once every 5 years 

8 thereafter, the Administrator shall— 

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

10 procedures, and guidance developed under para11 graph (1), including with respect to animal, 

12 nonanimal, and epidemiological test methods 

13 and procedures for assessing and determining 

14 risk under this title; and 

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

16 guidance as the Administrator determines nec17 essary to reflect new scientific developments or 

18 understandings. 

19 ‘‘(l) REPORT TO CONGRESS.— 

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

21 after the date of enactment of the TSCA Moderniza22 tion Act of 2015, the Administrator shall submit to 

23 the Committees on Energy and Commerce and Appro24 priations of the House of Representatives and the 

25 Committees on Environment and Public Works and 


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1 Appropriations of the Senate a report containing an 

2 estimation of— 

3 ‘‘(A) the capacity of the Environmental 

4 Protection Agency to conduct and publish risk 

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

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

7 initiate the minimum number of risk evaluations 

8 required under section 6(b)(7); 

9 ‘‘(B) the capacity of the Environmental 

10 Protection Agency to conduct and publish risk 

11 evaluations under section 6(b)(3)(A)(ii), the like12 ly demand for such risk evaluations, and the an13 ticipated schedule for accommodating that de14 mand; 

15 ‘‘(C) the capacity of the Environmental 

16 Protection Agency to promulgate rules under sec17 tion 6(a) as required based on risk evaluations 

18 conducted and published under section 6(b); and 

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

20 the Environmental Protection Agency to increase 

21 the Agency’s capacity to conduct and publish 

22 risk evaluations under section 6(b). 

23 ‘‘(2) SUBSEQUENT REPORTS.—The Adminis24 trator shall update and resubmit the report described 


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1 in paragraph (1) not less frequently than once every 

2 5 years.’’. 

3 SEC. 9. CONFORMING AMENDMENTS. 

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

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

6 (1) in subsection (b)— 

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

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

9 or consent agreement’’; 

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

11 ‘‘rules’’ and inserting ‘‘rules, orders, and consent 

12 agreements’’; 

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

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

15 or consent agreement’’; and 

16 (D) in paragraph (4)— 

17 (i) by striking ‘‘rule under subsection 

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

19 ‘‘rule, order, or consent agreement under 

20 subsection (a)’’; 

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

22 place it appears and inserting ‘‘repeals the 

23 rule or order or modifies the consent agree24 ment to terminate the requirement’’; and 


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1 (iii) by striking ‘‘repeals the applica2 tion of the rule’’ and inserting ‘‘repeals or 

3 modifies the application of the rule, order, 

4 or consent agreement’’; 

5 (2) in subsection (c)— 

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

7 and inserting ‘‘rule or order’’; 

8 (B) in paragraph (2)— 

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

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

11 data is being developed pursuant to such a 

12 rule’’ and inserting ‘‘a rule, order, or con13 sent agreement under subsection (a) or for 

14 which data is being developed pursuant to 

15 such a rule, order, or consent agreement’’; 

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

17 ‘‘such rule or which is being developed pur18 suant to such rule’’ and inserting ‘‘such 

19 rule, order, or consent agreement or which 

20 is being developed pursuant to such rule, 

21 order, or consent agreement’’; and 

22 (iii) in the matter following subpara23 graph (B), by striking ‘‘the rule’’ and in24 serting ‘‘the rule or order’’; 


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

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

3 or consent agreement’’; and 

4 (D) in paragraph (4)— 

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

6 each place it appears and inserting ‘‘rule, 

7 order, or consent agreement’’; 

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

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

10 or consent agreement’’; and 

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

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

13 consent agreement’’; 

14 (3) in subsection (d), by striking ‘‘rule’’ and in15 serting ‘‘rule, order, or consent agreement’’; and 

16 (4) in subsection (g), by striking ‘‘rule’’ and in17 serting ‘‘rule, order, or consent agreement’’. 

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

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

20 (1) in subsection (b)— 

21 (A) in paragraph (1)(A)— 

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

23 inserting ‘‘rule, order, or consent agree24 ment’’; and 


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1 (ii) by striking ‘‘such rule’’ and insert2 ing ‘‘such rule, order, or consent agree3 ment’’; 

4 (B) in paragraph (1)(B)— 

5 (i) by striking ‘‘rule promulgated’’ and 

6 inserting ‘‘rule or order’’; and 

7 (ii) by striking ‘‘the date of the submis8 sion in accordance with such rule’’ and in9 serting ‘‘the required date of submission’’; 

10 and 

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

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

13 or consent agreement’’; 

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

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

16 and 

17 (3) in subsection (h)(4), by striking ‘‘paragraphs 

18 (2) and (3) of section 6(c)’’ and inserting ‘‘paragraph 

19 (2) of section 6(c)’’. 

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

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

22 (1) in subsection (d)(2)(B)— 

23 (A) by striking ‘‘, provide reasonable oppor24 tunity, in accordance with paragraphs (2) and 

25 (3) of subsection (c), for a hearing on such rule,’’ 


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1 and inserting ‘‘in accordance with paragraph 

2 (2) of subsection (c),’’; and 

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

4 requested’’ and all that follows through ‘‘or re5 voke it.’’ and inserting a period; and 

6 (2) in subsection (e)(4), by striking ‘‘paragraphs 

7 (2), (3), and (4) of subsection (c)’’ and inserting 

8 ‘‘paragraph (2) of subsection (c)’’. 

9 (d) SECTION 7.—Section 7(a)(1) of the Toxic Sub10 stances Control Act (15 U.S.C. 2606(a)(1)) is amended, in 

11 the matter following subparagraph (C), by striking ‘‘a rule 

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

13 5 or title IV’’ and inserting ‘‘a rule under section 4, 5, or 

14 6 or title IV, an order under section 4 or 5 or title IV, 

15 or a consent agreement under section 4’’. 

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

17 Substances Control Act (15 U.S.C. 2607(a)(3)(A)(ii)(I)) is 

18 amended by striking ‘‘or an order in effect under section 

19 5(e)’’ and inserting ‘‘, an order in effect under section 4 

20 or 5(e), or a consent agreement under section 4’’. 

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

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

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

24 6(a)’’. 


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

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

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

4 ‘‘rule promulgated, order issued, or consent agreement en5 tered into’’. 

6 (h) SECTION 15.—Section 15(1) of the Toxic Sub7 stances Control Act (15 U.S.C. 2614(1)) is amended by 

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

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

10 rule promulgated, order issued, or consent agreement en11 tered into under this title, or’’. 

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

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

14 amended— 

15 (1) by striking ‘‘rule promulgated’’ and inserting 

16 ‘‘rule, order, or consent agreement’’; and 

17 (2) by striking ‘‘such rule’’ each place it appears 

18 and inserting ‘‘such rule, order, or consent agree19 ment’’. 

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

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

22 (1) in subsection (a)— 

23 (A) in paragraph (1)(A)— 

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

25 days after the date of the promulgation of 


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

2 days after the date on which a rule is pro3 mulgated’’; 

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

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

6 ‘‘any person’’; 

7 (iii) by striking ‘‘such rule’’ and in8 serting ‘‘such rule or order’’; and 

9 (iv) by striking ‘‘such a rule’’ and in10 serting ‘‘such a rule or order’’; 

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

12 (C) in paragraph (2), by striking ‘‘the rule’’ 

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

14 (D) in paragraph (3)— 

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

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

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

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

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

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

21 ‘‘such rule’’ and inserting ‘‘such rule or 

22 order’’; 

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

24 ‘‘such rule’’ and inserting ‘‘such rule or 

25 order’’; and 


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1 (v) in subparagraph (E)— 

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

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

4 (II) by striking ‘‘the date of the 

5 promulgation of such rule’’ and insert6 ing ‘‘the date on which such rule is 

7 promulgated or such order is issued’’; 

8 (2) in subsection (b)— 

9 (A) by striking ‘‘review a rule’’ and insert10 ing ‘‘review a rule, or an order under section 

11 4,’’; 

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

13 ‘‘such rule or order’’; 

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

15 ‘‘the rule or order’’; 

16 (D) by striking ‘‘new rule’’ each place it ap17 pears and inserting ‘‘new rule or order’’; and 

18 (E) by striking ‘‘modified rule’’ and insert19 ing ‘‘modified rule or order’’; and 

20 (3) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (A)— 

23 (I) by striking ‘‘a rule’’ and in24 serting ‘‘a rule, or an order under sec25 tion 4’’; and 


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1 (II) by striking ‘‘such rule’’ and 

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

3 (ii) in subparagraph (B)— 

4 (I) in the matter preceding clause 

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

6 ‘‘a rule or order’’; 

7 (II) in clause (i)— 

8 (aa) by inserting ‘‘or an 

9 order under section 4,’’ before ‘‘the 

10 standard for review’’; 

11 (bb) by striking ‘‘such rule’’ 

12 and inserting ‘‘such rule or 

13 order’’; 

14 (cc) by striking ‘‘the rule’’ 

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

16 and 

17 (dd) by striking the semi18 colon and inserting ‘‘; and’’; and 

19 (III) by striking clause (ii) and 

20 redesignating clause (iii) as clause (ii); 

21 and 

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

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

24 (k) SECTION 20.—Section 20(a)(1) of the Toxic Sub25 stances Control Act (15 U.S.C. 2619(a)(1)) is amended by 


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1 striking ‘‘order issued under section 5’’ and inserting ‘‘order 

2 issued under section 4 or 5’’. 

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

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

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

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

7 section 4 or 5(e)’’; and 

8 (2) in subsection (b)— 

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

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

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

12 and 

13 (B) in paragraph (4)(B)— 

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

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

16 6(b)(2)’’ and inserting ‘‘order under section 

17 4 or 5(e)’’; 

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

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

20 under section 4 or 5(e)’’; and 

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

22 order under section 6(b)(2)’’. 

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

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

25 amended— 


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

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

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

4 (n) SECTION 27.—Section 27(a) of the Toxic Sub5 stances Control Act (15 U.S.C. 2626(a)) is amended by 

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

7 or consent agreements’’. 

8 (o) SECTION 30.—Section 30(2) of the Toxic Sub9 stances Control Act (15 U.S.C. 2629(2)) is amended by 

10 striking ‘‘rule’’ and inserting ‘‘rule, order, or consent agree11 ment’’. 


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Union Calendar No. 131 

114TH CONGRESS 

1ST SESSION H. R. 2576 

[Report No. 114–176] 

A BILL 

To modernize the Toxic Substances Control Act, 

and for other purposes. 

JUNE 23, 2015 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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