II 

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. 

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 

7 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. 


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Sec. 7. Effect on State law. 

Sec. 8. Administration of the Act. 

Sec. 9. Conforming amendments. 

1 SEC. 2. DEFINITIONS. 

2 Section 3 of the Toxic Substances Control Act (15 

3 U.S.C. 2602) is amended— 

4 (1) by redesignating paragraphs (7) through 

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

6 through (16), respectively; 

7 (2) by inserting after paragraph (6) the fol8 lowing: 

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

10 circumstances under which a chemical substance is in11 tended, known, or reasonably foreseeable to be manufac12 tured, processed, distributed in commerce, used, and dis13 posed of.’’; and 

14 (3) by inserting after paragraph (10), as so re15 designated, the following: 

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

17 means a group of individuals within the general population 

18 who, due to either greater susceptibility or greater poten19 tial exposure, are likely to be at greater risk than the gen20 eral population of adverse health effects from exposure to 

21 a chemical substance.’’. 


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1 SEC. 3. TESTING OF CHEMICAL SUBSTANCES AND MIX2 TURES. 

3 Section 4 of the Toxic Substances Control Act (15 

4 U.S.C. 2603) is amended— 

5 (1) in subsection (a)(1)— 

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

7 or’’ and inserting a semicolon; 

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

9 and’’ and inserting ‘‘; or’’; and 

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

11 ‘‘(C) testing of a chemical substance is nec12 essary to conduct a risk evaluation under section 

13 6(b); and’’; 

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

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

16 rule’’; and 

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

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

19 (1)(B), or (1)(C)’’. 

20 SEC. 4. REGULATION OF HAZARDOUS CHEMICAL SUB21 STANCES AND MIXTURES. 

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

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

24 amended— 


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

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

3 subsection (b)’’; 

4 (2) by inserting ‘‘or designates a chemical sub5 stance under subsection (i)(2),’’ before ‘‘the Admin6 istrator shall by rule’’; and 

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

8 such risk using the least burdensome requirements’’ 

9 and inserting ‘‘so that the chemical substance or 

10 mixture no longer presents or will present an unrea11 sonable risk, including an identified unreasonable 

12 risk to a potentially exposed subpopulation’’. 

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

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

15 to read as follows: 

16 ‘‘(b) RISK EVALUATIONS.— 

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

18 conduct risk evaluations pursuant to this subsection 

19 to determine whether or not a chemical substance 

20 presents or will present, in the absence of require21 ments under subsection (a), an unreasonable risk of 

22 injury to health or the environment. 

23 ‘‘(2) APPLYING REQUIREMENTS.—The Adminis24 trator shall apply requirements with respect to a 

25 chemical substance through a rule under subsection 


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1 (a) only if the Administrator determines through a 

2 risk evaluation under this subsection, without con3 sideration of costs or other non-risk factors, that the 

4 chemical substance presents or will present, in the 

5 absence of such requirements, an unreasonable risk 

6 of injury to health or the environment. 

7 ‘‘(3) CONDUCTING RISK EVALUATION.— 

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

9 Administrator shall conduct and publish the re10 sults of a risk evaluation under this subsection 

11 for a chemical substance if— 

12 ‘‘(i) the Administrator determines 

13 that the chemical substance may present 

14 an unreasonable risk of injury to health or 

15 the environment because of potential haz16 ard and a potential route of exposure 

17 under the intended conditions of use; or 

18 ‘‘(ii) a manufacturer of the chemical 

19 substance requests such a risk evaluation 

20 in a form and manner prescribed by the 

21 Administrator. 

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

23 Administrator may, without making a deter24 mination under subparagraph (A)(i), conduct 

25 and publish the results of a risk evaluation 


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1 under this subsection for a chemical substance 

2 that, on the date of enactment of the TSCA 

3 Modernization Act of 2015, is listed in the 

4 TSCA Work Plan for Chemical Assessments 

5 published by the Administrator. 

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

7 evaluation under this subsection, the Administrator 

8 shall— 

9 ‘‘(A) integrate and assess information on 

10 hazards and exposures for all of the intended 

11 conditions of use of the chemical substance, in12 cluding information that is relevant to specific 

13 risks of injury to health or the environment and 

14 information on potentially exposed subpopula15 tions; 

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

17 other factors not directly related to health or 

18 the environment; 

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

20 likely duration, intensity, frequency, and num21 ber of exposures under the intended conditions 

22 of use of the chemical substance; 

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

24 evidence for identified hazard and exposure; 


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

2 scientific evidence supports the identification of 

3 doses of the chemical substance below which no 

4 adverse effects can be expected to occur; and 

5 ‘‘(F) in the case of a risk evaluation re6 quested by a manufacturer under paragraph 

7 (3)(A)(ii), ensure that the costs to the Environ8 mental Protection Agency, including contractor 

9 costs, of conducting the risk evaluation are paid 

10 for by the manufacturer. 

11 ‘‘(5) DEADLINES.— 

12 ‘‘(A) RISK EVALUATIONS.—The Adminis13 trator shall conduct and publish a risk evalua14 tion under this subsection for a chemical sub15 stance as soon as reasonably possible, subject to 

16 the availability of resources, but not later 

17 than— 

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

19 the Administrator— 

20 ‘‘(I) makes a determination 

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

22 ‘‘(II) begins the risk evaluation 

23 under paragraph (3)(B); or 

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

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1 graph (3)(A)(ii), 2 years after the later of 

2 the date on which— 

3 ‘‘(I) the manufacturer requests 

4 the risk evaluation; or 

5 ‘‘(II) if applicable, the risk eval6 uation is initiated pursuant to sub7 paragraph (B). 

8 ‘‘(B) DEADLINE ADJUSTMENT.—If the Ad9 ministrator receives more requests for risk eval10 uations under paragraph (3)(A)(ii) than the 

11 Administrator has resources to conduct by the 

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

13 into account the requirement in paragraph 

14 (4)(F)), the Administrator shall— 

15 ‘‘(i) initiate risk evaluations that ex16 ceed the Administrator’s allotted resources 

17 as soon as resources for such risk evalua18 tions are available; and 

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

20 from the manufacturer for a risk evalua21 tion until the Administrator initiates the 

22 risk evaluation. 

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

24 on a risk evaluation conducted under this sub25 section, the Administrator determines, without 


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1 consideration of costs or other non-risk factors, 

2 that a chemical substance presents or will 

3 present, in the absence of a rule under sub4 section (a), an unreasonable risk of injury to 

5 health or the environment, the Administrator 

6 shall— 

7 ‘‘(i) propose a rule under subsection 

8 (a) for the chemical substance not later 

9 than 1 year after the date on which the 

10 risk evaluation regarding such chemical 

11 substance is published under subparagraph 

12 (A); and 

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

14 final rule not later than 2 years after the 

15 date on which the risk evaluation regard16 ing such chemical substance is published 

17 under subparagraph (A). 

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

19 determines that additional information is nec20 essary to make a risk evaluation determination 

21 under this subsection, the Administrator may 

22 extend the deadline under subparagraph (A) ac23 cordingly, except that the deadline may not be 

24 extended to a date that is later than— 


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1 ‘‘(i) 90 days after receipt of such ad2 ditional information; or 

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

4 extended under this subparagraph. 

5 ‘‘(6) DETERMINATIONS OF NO UNREASONABLE

6 RISK.— 

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

8 than 30 days before publishing a final deter9 mination under this subsection that a chemical 

10 substance does not and will not present an un11 reasonable risk of injury to health or the envi12 ronment, the Administrator shall make a pre13 liminary determination to such effect and pro14 vide public notice of, and an opportunity for 

15 comment regarding, such preliminary deter16 mination. 

17 ‘‘(B) POTENTIALLY EXPOSED SUBPOPULA18 TIONS.—The Administrator shall not make a 

19 determination under this subsection that a 

20 chemical substance will not present an unrea21 sonable risk of injury to health or the environ22 ment if the Administrator determines that the 

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1 sonable risk of injury to one or more potentially 

2 exposed subpopulations. 

3 ‘‘(C) FINAL ACTION.—A final determina4 tion under this subsection that a chemical sub5 stance will not present an unreasonable risk of 

6 injury to health or the environment shall be 

7 considered a final agency action. 

8 ‘‘(7) MINIMUM NUMBER.—Subject to the avail9 ability of appropriations, the Administrator shall ini10 tiate 10 or more risk evaluations under paragraphs 

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

12 the fiscal year of the date of enactment of the TSCA 

13 Modernization Act of 2015.’’. 

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

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

16 U.S.C. 2605(c)) is amended— 

17 (1) by amending paragraph (1) to read as fol18 lows: 

19 ‘‘(1) REQUIREMENTS FOR RULE.—In promul20 gating any rule under subsection (a) with respect to 

21 a chemical substance or mixture, the Administrator 

22 shall— 

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

24 respect to— 


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1 ‘‘(i) the effects of the chemical sub2 stance or mixture on health and the mag3 nitude of the exposure of human beings to 

4 the chemical substance or mixture; 

5 ‘‘(ii) the effects of the chemical sub6 stance or mixture on the environment and 

7 the magnitude of the exposure of the envi8 ronment to the chemical substance or mix9 ture; 

10 ‘‘(iii) the benefits of the chemical sub11 stance or mixture for various uses; and 

12 ‘‘(iv) the reasonably ascertainable eco13 nomic consequences of the rule, including 

14 consideration of the likely effect of the rule 

15 on the national economy, small business, 

16 technological innovation, the environment, 

17 and public health; 

18 ‘‘(B) impose requirements under the rule 

19 that the Administrator determines, consistent 

20 with the information published under subpara21 graph (A), are cost-effective, except where the 

22 Administrator determines that additional or dif23 ferent requirements described in subsection (a) 

24 are necessary to protect against the identified 

25 risk; 


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1 ‘‘(C) based on the information published 

2 under subparagraph (A), in deciding whether to 

3 prohibit or restrict in a manner that substan4 tially prevents a specific use of a chemical sub5 stance or mixture and in setting an appropriate 

6 transition period for such action, determine 

7 whether technically and economically feasible al8 ternatives that benefit health or the environ9 ment, compared to the use so proposed to be 

10 prohibited or restricted, will be reasonably 

11 available as a substitute when the proposed pro12 hibition or other restriction takes effect; 

13 ‘‘(D) exempt replacement parts designed 

14 prior to the date of publication in the Federal 

15 Register of the rule unless the Administrator 

16 finds such replacement parts contribute signifi17 cantly to the identified risk, including identified 

18 risk to identified potentially exposed subpopula19 tions; and 

20 ‘‘(E) in selecting among prohibitions and 

21 other restrictions to address an identified risk, 

22 apply prohibitions or other restrictions to arti23 cles on the basis of a chemical substance or 

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1 tent necessary to protect against the identified 

2 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 

12 the 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 

20 the 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)) 

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

24 promulgated under subsection (a) shall provide for a rea25 sonable transition period.’’. 


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1 (e) NON-RISK FACTORS; CRITICAL USE EXEMP2 TIONS; PBT CHEMICALS.—Section 6 of the Toxic Sub3 stances Control Act (15 U.S.C. 2605) is amended by add4 ing at the end 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 Admin10 istrator 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 

15 by 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 

25 under paragraph (1) shall be— 


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1 ‘‘(A) supported by clear and convincing 

2 evidence; 

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 Admin19 istrator finds that the requirements of paragraph (1) 

20 continue to be met. 

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

22 impose conditions on any use for which an exemp23 tion is granted under paragraph (1) to reduce risk 

24 from the chemical substance or mixture to the great25 est extent feasible. 


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1 ‘‘(i) CHEMICALS THAT ARE PERSISTENT, BIO2 ACCUMULATIVE, AND TOXIC.— 

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

4 months after the date of enactment of the TSCA 

5 Modernization Act of 2015, the Administrator shall 

6 publish a list of those chemical substances that the 

7 Administrator has a reasonable basis to conclude are 

8 persistent, bioaccumulative, and toxic, not including 

9 any 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 

13 TSCA Modernization Act of 2015, the Administrator 

14 shall designate as a PBT chemical of concern each 

15 chemical substance on the list published under para16 graph (1)— 

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

18 bioaccumulation, scores high for one and either 

19 high or moderate for the other, pursuant to the 

20 TSCA Work Plan Chemicals Methods Docu21 ment published by the Administrator in Feb22 ruary 2012; and 

23 ‘‘(B) exposure to which is likely to the gen24 eral population or to a potentially exposed sub25 population identified by the Administrator. 


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1 ‘‘(3) EXPEDITED ACTION.—Notwithstanding 

2 subsection (b)(2), subject to the availability of ap3 propriations, not later than 2 years after designating 

4 a chemical substance under paragraph (2), the Ad5 ministrator shall promulgate a rule under subsection 

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

7 likely exposure to the extent practicable. 

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

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

10 the date on which the Administrator publishes the 

11 list 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 ad3 ministered in whole or in part by the Administrator, the 

4 Administrator shall consider the relevant risks, and com5 pare the estimated costs and efficiencies, of the action to 

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

7 such other 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 

20 the purpose of administration or enforcement of a 

21 law; 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 

2 health care professional to assist in the diag3 nosis or treatment of one 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 (includ8 ing molecular structures) of a chemical sub9 stance or 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 

20 under this Act after date of enactment of the 

21 TSCA Modernization Act of 2015, a manufac22 turer, processor, or distributor in commerce 

23 shall designate the information which such per24 son believes is entitled to protection under this 

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1 tion separately from other information sub2 mitted under this Act. A designation under this 

3 subparagraph shall be made in writing and in 

4 such manner as the Administrator may pre5 scribe, and shall include— 

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 one copy containing and one copy 

12 excluding the information to which the request 

13 applies. 

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, 

17 at which time the information shall be made public 

18 unless 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 21:42 Jul 08, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2576.PCS H2576

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1 ticable, the manufacturer, processor, or distributor 

2 in commerce who designated the information under 

3 subparagraph (A) of the date on which such infor4 mation will be made public unless a request for re5 newal is 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’’ 

5 and 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 in11 jury to health or the environment under the intended 

12 condition of use, no State or political subdivision 

13 may, after the date of publication of such determina14 tion, establish or continue in effect any requirement 

15 that applies to such chemical substance under the 

16 intended conditions of use considered by the Admin17 istrator in the risk evaluation under section 6(b), 

18 and is designed to protect against exposure to such 

19 chemical substance under the intended conditions of 

20 use, unless the requirement of the State or political 

21 subdivision— 

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

23 Federal law; or 

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

25 quality or is related to waste treatment or 

26 waste disposal, except that this clause does not 


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1 apply to such a requirement if a provision of 

2 this title, or an action or determination made 

3 by the Administrator under this title, actually 

4 conflicts with the requirement; and 

5 ‘‘(C) if the Administrator imposes a require6 ment, through a rule or order under section 5 or 6, 

7 that applies to a chemical substance or mixture 

8 (other than a requirement described in section 

9 6(a)(6)) and is designed to protect against a risk of 

10 injury to health or the environment associated with 

11 such chemical substance or mixture, no State or po12 litical subdivision may, after the effective date of 

13 such requirement, establish or continue in effect any 

14 requirement that applies to such chemical substance 

15 or mixture (including a requirement that applies to 

16 an article because the article contains the chemical 

17 substance or mixture) and is designed to protect 

18 against exposure to the chemical substance or mix19 ture either under the intended conditions of use con20 sidered by the Administrator in the risk evaluation 

21 under section 6(b) or from a use identified in a no22 tice received by the Administrator under section 

23 5(a), or, in the case of a requirement imposed pur24 suant to section 6(i), is designed to protect against 

25 a risk of injury considered by the Administrator in 


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1 imposing such requirement, unless the requirement 

2 of the State or political subdivision— 

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 

9 waste disposal, except that this clause does not 

10 apply to such a requirement if a provision of 

11 this title, or an action or determination made 

12 by the Administrator under this title, actually 

13 conflicts 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 

18 specific 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 

21 specific violation, the Administrator may not assess 

22 a penalty for that violation in an amount that would 

23 cause the total of the penalties assessed for the vio24 lation by the State and the Administrator combined 

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1 sessed for that violation by the Administrator under 

2 section 16.’’. 

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

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

5 the end 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 af11 fect the authority of a State or political subdivision 

12 of a State to continue to enforce any action taken 

13 or requirement that has taken effect— 

14 ‘‘(A) before August 1, 2015, under the au15 thority of a State law that prohibits or other16 wise restricts the manufacturing, processing, 

17 distribution in commerce, use, or disposal of a 

18 chemical substance; or 

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

20 effect on August 31, 2003, 

21 unless an action or determination made by the Ad22 ministrator under this title actually conflicts with 

23 the action taken or requirement that has taken ef24 fect pursuant to such a State law. 


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

2 this title, nor any risk evaluation, rule, order, stand3 ard, or requirement completed or implemented under 

4 this title, shall be construed to preempt or otherwise 

5 affect either Federal or State tort law or the law 

6 governing the interpretation of contracts of any 

7 State, including any remedy for civil relief, whether 

8 under statutory or common law, including a remedy 

9 for civil damages, and any cause of action for per10 sonal injury, wrongful death, property damage, or 

11 other injury based on negligence, strict liability, 

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

13 theory relating to tort law. 

14 ‘‘(3) INTENT OF CONGRESS.—It is not the in15 tent of Congress that this title, or rules, regulations, 

16 or orders issued pursuant to this title, be interpreted 

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

18 favor, the disposition of any civil action for damages 

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

20 make a determination in an adjudicatory proceeding 

21 under applicable State law with respect to the ad22 missibility of evidence, unless a provision of this title 

23 actually conflicts with the State court action. 


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

2 the term ‘requirements’ does not include civil tort 

3 actions for damages under State law.’’. 

4 (c) EFFECT OF ACTIONS BY ADMINISTRATOR.— 

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

6 shall be construed as changing the preemptive effect of 

7 an action taken by the Administrator prior to the date 

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

9 SEC. 8. ADMINISTRATION OF THE ACT. 

10 Section 26 of the Toxic Substances Control Act (15 

11 U.S.C. 2625) is amended— 

12 (1) in subsection (b)(1)— 

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

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

15 and not more than reasonably necessary’’ after 

16 ‘‘section 4 or 5’’; 

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

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

19 ‘‘to defray the cost’’; 

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

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

22 collected’’; and 

23 (E) by striking ‘‘Such rules shall not pro24 vide for any fee in excess of $2,500 or, in the 

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1 cess of $100.’’ and inserting ‘‘Such rules shall 

2 provide for lower fees for small business con3 cerns.’’; 

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

5 following: 

6 ‘‘(3) FUND.— 

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

8 the Treasury of the United States a revolving fund, 

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

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

11 such amounts as are deposited in the Fund under 

12 this paragraph. 

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

14 The Administrator shall collect the fees described in 

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

16 ‘‘(C) CREDITING AND AVAILABILITY OF

17 FEES.—On request by the Administrator, the Sec18 retary of the Treasury shall transfer from the Fund 

19 to the Administrator amounts appropriated to pay 

20 or recover the full costs incurred by the Environ21 mental Protection Agency, including contractor 

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

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

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

25 Fees authorized under this section shall be collected 


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1 and available for obligation only to the extent and in 

2 the amount provided in advance in appropriations 

3 Acts, and shall be available without fiscal year limi4 tation for use only in administering the provisions of 

5 this title for which the fees are collected. 

6 ‘‘(E) ACCOUNTING AND AUDITING.— 

7 ‘‘(i) ACCOUNTING.—The Administrator 

8 shall biennially prepare and submit to the Com9 mittee on Environment and Public Works of the 

10 Senate and the Committee on Energy and Com11 merce of the House of Representatives a report 

12 that includes an accounting of the fees paid to 

13 the Administrator under this paragraph and 

14 amounts disbursed from the Fund for the pe15 riod covered by the report, as reflected by fi16 nancial statements provided in accordance with 

17 sections 3515 and 3521 of title 31, United 

18 States Code. 

19 ‘‘(ii) AUDITING.— 

20 ‘‘(I) IN GENERAL.—For the purpose 

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

22 States Code, the Fund shall be considered 

23 a component of a covered executive agency. 

24 ‘‘(II) COMPONENTS OF AUDIT.—The 

25 annual audit required in accordance with 


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1 sections 3515 and 3521 of title 31, United 

2 States Code, of the financial statements of 

3 activities carried out using amounts from 

4 the Fund shall include an analysis of— 

5 ‘‘(aa) the fees collected and 

6 amounts disbursed under this sub7 section; 

8 ‘‘(bb) the reasonableness of the 

9 fees in place as of the date of the 

10 audit to meet current and projected 

11 costs of administering the provisions 

12 of the title for which the fees are col13 lected; and 

14 ‘‘(cc) the number of requests for 

15 a risk evaluation made by manufac16 turers under section 6(b)(3)(A)(ii). 

17 ‘‘(III) FEDERAL RESPONSIBILITY.— 

18 The Inspector General of the Environ19 mental Protection Agency shall conduct 

20 the annual audit described in subclause 

21 (II) and submit to the Administrator a re22 port that describes the findings and any 

23 recommendations of the Inspector General 

24 resulting from the audit.’’; and 

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


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1 ‘‘(h) SCIENTIFIC STANDARDS.—In carrying out sec2 tions 4, 5, and 6, to the extent that the Administrator 

3 makes a decision based on science, the Administrator shall 

4 consider, as applicable— 

5 ‘‘(1) the extent to which the scientific and tech6 nical procedures, measures, methods, or models em7 ployed to generate the information are reasonable 

8 for and consistent with the use of the information; 

9 ‘‘(2) the extent to which the information is rel10 evant for the Administrator’s use in making a deci11 sion about a chemical substance or mixture; 

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

13 which the data, assumptions, methods, quality assur14 ance, and analyses employed to generate the infor15 mation are documented; 

16 ‘‘(4) the extent to which the variability and un17 certainty in the information, or in the procedures, 

18 measures, methods, or models, are evaluated and 

19 characterized; and 

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

21 peer review of the information or of the procedures, 

22 measures, methods, or models. 

23 ‘‘(i) WEIGHT OF SCIENTIFIC EVIDENCE.—The Ad24 ministrator shall make decisions under sections 4, 5, and 

25 6 based on the weight of the scientific evidence. 


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

2 section 14, the Administrator shall make available to the 

3 public all notices, determinations, findings, rules, and or4 ders of the Administrator under this title. 

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

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

7 after the date of enactment of the TSCA Moderniza8 tion Act of 2015, the Administrator shall develop 

9 any policies, procedures, and guidance the Adminis10 trator determines are necessary to carry out the 

11 amendments to this Act made by the TSCA Mod12 ernization Act of 2015. 

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

14 date of enactment of the TSCA Modernization Act 

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

16 years thereafter, the Administrator shall— 

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

18 procedures, and guidance developed under para19 graph (1), including with respect to animal, 

20 nonanimal, and epidemiological test methods 

21 and procedures for assessing and determining 

22 risk under this title; and 

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

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1 essary to reflect new scientific developments or 

2 understandings. 

3 ‘‘(l) REPORT TO CONGRESS.— 

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

5 months after the date of enactment of the TSCA 

6 Modernization Act of 2015, the Administrator shall 

7 submit to the Committees on Energy and Commerce 

8 and Appropriations of the House of Representatives 

9 and the Committees on Environment and Public 

10 Works and Appropriations of the Senate a report 

11 containing an estimation of— 

12 ‘‘(A) the capacity of the Environmental 

13 Protection Agency to conduct and publish risk 

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

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

16 to initiate the minimum number of risk evalua17 tions required under section 6(b)(7); 

18 ‘‘(B) the capacity of the Environmental 

19 Protection Agency to conduct and publish risk 

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

21 likely demand for such risk evaluations, and the 

22 anticipated schedule for accommodating that 

23 demand; 

24 ‘‘(C) the capacity of the Environmental 

25 Protection Agency to promulgate rules under 


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1 section 6(a) as required based on risk evalua2 tions conducted and published under section 

3 6(b); and 

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

5 the Environmental Protection Agency to in6 crease the Agency’s capacity to conduct and 

7 publish risk evaluations under section 6(b). 

8 ‘‘(2) SUBSEQUENT REPORTS.—The Adminis9 trator shall update and resubmit the report de10 scribed in paragraph (1) not less frequently than 

11 once every 5 years.’’. 

12 SEC. 9. CONFORMING AMENDMENTS. 

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

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

15 (1) in subsection (b)— 

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

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

18 or consent agreement’’; 

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

20 ‘‘rules’’ and inserting ‘‘rules, orders, and con21 sent agreements’’; 

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

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

24 or consent agreement’’; and 

25 (D) in paragraph (4)— 


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1 (i) by striking ‘‘rule under subsection 

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

3 ‘‘rule, order, or consent agreement under 

4 subsection (a)’’; 

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

6 place it appears and inserting ‘‘repeals the 

7 rule or order or modifies the consent 

8 agreement to terminate the requirement’’; 

9 and 

10 (iii) by striking ‘‘repeals the applica11 tion of the rule’’ and inserting ‘‘repeals or 

12 modifies the application of the rule, order, 

13 or consent agreement’’; 

14 (2) in subsection (c)— 

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

16 and inserting ‘‘rule or order’’; 

17 (B) in paragraph (2)— 

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

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

20 data is being developed pursuant to such a 

21 rule’’ and inserting ‘‘a rule, order, or con22 sent agreement under subsection (a) or for 

23 which data are being developed pursuant 

24 to such a rule, order, or consent agree25 ment’’; 


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

2 ‘‘such rule or which is being developed pur3 suant to such rule’’ and inserting ‘‘such 

4 rule, order, or consent agreement or which 

5 is being developed pursuant to such rule, 

6 order, or consent agreement’’; and 

7 (iii) in the matter following subpara8 graph (B), by striking ‘‘the rule’’ and in9 serting ‘‘the rule or order’’; 

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

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

12 or consent agreement’’; and 

13 (D) in paragraph (4)— 

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

15 each place it appears and inserting ‘‘rule, 

16 order, or consent agreement’’; 

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

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

19 or consent agreement’’; and 

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

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

22 or consent agreement’’; 

23 (3) in subsection (d), by striking ‘‘rule’’ and in24 serting ‘‘rule, order, or consent agreement’’; and 


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1 (4) in subsection (g), by striking ‘‘rule’’ and in2 serting ‘‘rule, order, or consent agreement’’. 

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

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

5 (1) in subsection (b)— 

6 (A) in paragraph (1)(A)— 

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

8 and inserting ‘‘rule, order, or consent 

9 agreement’’; and 

10 (ii) by striking ‘‘such rule’’ and insert11 ing ‘‘such rule, order, or consent agree12 ment’’; 

13 (B) in paragraph (1)(B)— 

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

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

16 (ii) by striking ‘‘the date of the sub17 mission in accordance with such rule’’ and 

18 inserting ‘‘the required date of submis19 sion’’; and 

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

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

22 or consent agreement’’; 

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

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

25 and 


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1 (3) in subsection (h)(4), by striking ‘‘para2 graphs (2) and (3) of section 6(c)’’ and inserting 

3 ‘‘paragraph (2) of section 6(c)’’. 

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

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

6 (1) in subsection (d)(2)(B)— 

7 (A) by striking ‘‘, provide reasonable op8 portunity, in accordance with paragraphs (2) 

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

10 rule,’’ and inserting ‘‘in accordance with para11 graph (2) of subsection (c),’’; and 

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

13 requested’’ and all that follows through ‘‘or re14 voke it.’’ and inserting a period; and 

15 (2) in subsection (e)(4), by striking ‘‘para16 graphs (2), (3), and (4) of subsection (c)’’ and in17 serting ‘‘paragraph (2) of subsection (c)’’. 

18 (d) SECTION 7.—Section 7(a)(1) of the Toxic Sub19 stances Control Act (15 U.S.C. 2606(a)(1)) is amended, 

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

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

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

23 4, 5, or 6 or title IV, an order under section 4 or 5 or 

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


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

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

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

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

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

6 under section 4’’. 

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

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

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

10 6(a)’’. 

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

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

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

14 ‘‘rule promulgated, order issued, or consent agreement en15 tered into’’. 

16 (h) SECTION 15.—Section 15(1) of the Toxic Sub17 stances Control Act (15 U.S.C. 2614(1)) is amended by 

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

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

20 rule promulgated, order issued, or consent agreement en21 tered into under this title, or’’. 

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

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

24 amended— 


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1 (1) by striking ‘‘rule promulgated’’ and insert2 ing ‘‘rule, order, or consent agreement’’; and 

3 (2) by striking ‘‘such rule’’ each place it ap4 pears and inserting ‘‘such rule, order, or consent 

5 agreement’’. 

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

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

8 (1) in subsection (a)— 

9 (A) in paragraph (1)(A)— 

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

11 days after the date of the promulgation of 

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

13 days after the date on which a rule is pro14 mulgated’’; 

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

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

17 ‘‘any person’’; 

18 (iii) by striking ‘‘such rule’’ and in19 serting ‘‘such rule or order’’; and 

20 (iv) by striking ‘‘such a rule’’ and in21 serting ‘‘such a rule or order’’; 

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

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

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

25 (D) in paragraph (3)— 


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

2 ‘‘the rule’’ and inserting ‘‘the rule or 

3 order’’; 

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

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

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

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

8 ‘‘such rule’’ and inserting ‘‘such rule or 

9 order’’; 

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

11 ‘‘such rule’’ and inserting ‘‘such rule or 

12 order’’; and 

13 (v) in subparagraph (E)— 

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

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

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

17 promulgation of such rule’’ and in18 serting ‘‘the date on which such rule 

19 is promulgated or such order is 

20 issued’’; 

21 (2) in subsection (b)— 

22 (A) by striking ‘‘review a rule’’ and insert23 ing ‘‘review a rule, or an order under section 

24 4,’’; 


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

2 ‘‘such rule or order’’; 

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

4 ‘‘the rule or order’’; 

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

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

7 (E) by striking ‘‘modified rule’’ and insert8 ing ‘‘modified rule or order’’; and 

9 (3) in subsection (c)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (A)— 

12 (I) by striking ‘‘a rule’’ and in13 serting ‘‘a rule, or an order under sec14 tion 4’’; and 

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

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

17 (ii) in subparagraph (B)— 

18 (I) in the matter preceding clause 

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

20 ‘‘a rule or order’’; 

21 (II) in clause (i)— 

22 (aa) by inserting ‘‘or an 

23 order under section 4,’’ before 

24 ‘‘the standard for review’’; 


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1 (bb) by striking ‘‘such rule’’ 

2 and inserting ‘‘such rule or 

3 order’’; 

4 (cc) by striking ‘‘the rule’’ 

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

6 and 

7 (dd) by striking the semi8 colon and inserting ‘‘; and’’; and 

9 (III) by striking clause (ii) and 

10 redesignating clause (iii) as clause 

11 (ii); and 

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

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

14 (k) SECTION 20.—Section 20(a)(1) of the Toxic Sub15 stances Control Act (15 U.S.C. 2619(a)(1)) is amended 

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

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

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

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

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

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

22 under section 4 or 5(e)’’; and 

23 (2) in subsection (b)— 

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

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


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

2 and 

3 (B) in paragraph (4)(B)— 

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

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

6 6(b)(2)’’ and inserting ‘‘order under sec7 tion 4 or 5(e)’’; 

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

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

10 under section 4 or 5(e)’’; and 

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

12 order under section 6(b)(2)’’. 

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

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

15 amended— 

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

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

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

19 (n) SECTION 27.—Section 27(a) of the Toxic Sub20 stances Control Act (15 U.S.C. 2626(a)) is amended by 

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

22 or consent agreements’’. 

23 (o) SECTION 30.—Section 30(2) of the Toxic Sub24 stances Control Act (15 U.S.C. 2629(2)) is amended by 


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

2 agreement’’. 

Passed the House of Representatives June 23, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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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 


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