I 

114TH CONGRESS 

1ST SESSION H. R. 2576 

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 

A BILL 

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. 

Sec. 7. Effect on State law. 


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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’’; and 

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

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

16 rule’’. 

17 SEC. 4. REGULATION OF HAZARDOUS CHEMICAL SUB18 STANCES AND MIXTURES. 

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

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

21 amended— 

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

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

24 subsection (b)’’; 


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1 (2) by inserting ‘‘or designates a chemical sub2 stance under subsection (i)(2),’’ before ‘‘the Admin3 istrator shall by rule’’; and 

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

5 such risk using the least burdensome requirements’’ 

6 and inserting ‘‘so that the chemical substance or 

7 mixture no longer presents or will present an unrea8 sonable risk, including an identified unreasonable 

9 risk to a potentially exposed subpopulation’’. 

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

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

12 to read as follows: 

13 ‘‘(b) RISK EVALUATIONS.— 

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

15 conduct risk evaluations pursuant to this subsection 

16 to determine whether or not a chemical substance 

17 presents or will present, in the absence of require18 ments under subsection (a), an unreasonable risk of 

19 injury to health or the environment. 

20 ‘‘(2) APPLYING REQUIREMENTS.—The Adminis21 trator shall apply requirements with respect to a 

22 chemical substance through a rule under subsection 

23 (a) only if the Administrator determines through a 

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1 sence of such requirements, an unreasonable risk of 

2 injury to health or the environment. 

3 ‘‘(3) CONDUCTING RISK EVALUATION.— 

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

5 Administrator shall conduct and publish the re6 sults of a risk evaluation under this subsection 

7 for a chemical substance if— 

8 ‘‘(i) the Administrator determines 

9 that the chemical substance may present 

10 an unreasonable risk of injury to health or 

11 the environment because of potential haz12 ard and a potential route of exposure 

13 under the intended conditions of use; or 

14 ‘‘(ii) a manufacturer of the chemical 

15 substance requests such a risk evaluation. 

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

17 Administrator may, without making a deter18 mination under subparagraph (A)(i), conduct 

19 and publish the results of a risk evaluation 

20 under this subsection for a chemical substance 

21 that, on the date of enactment of the TSCA 

22 Modernization Act of 2015, is listed in the 

23 TSCA Work Plan for Chemical Assessments 

24 published by the Administrator. 


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

2 evaluation under this subsection, the Administrator 

3 shall— 

4 ‘‘(A) integrate and assess information on 

5 hazards and exposures for all of the intended 

6 conditions of use of the chemical substance, in7 cluding information that is relevant to specific 

8 risks of injury to health or the environment and 

9 information on potentially exposed subpopula10 tions; 

11 ‘‘(B) not include information on cost and 

12 other factors not directly related to health or 

13 the environment; 

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

15 likely duration, intensity, frequency, and num16 ber of exposures under the intended conditions 

17 of use of the chemical substance; 

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

19 evidence for identified hazard and exposure; 

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

21 scientific evidence supports the identification of 

22 doses of the chemical substance below which no 

23 adverse effects can be expected to occur; and 

24 ‘‘(F) in the case of a risk evaluation re25 quested by a manufacturer under paragraph 


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1 (3)(A)(ii), ensure that the costs to the Environ2 mental Protection Agency, including contractor 

3 costs, of conducting the risk evaluation are paid 

4 for by the manufacturer. 

5 ‘‘(5) DEADLINES.— 

6 ‘‘(A) RISK EVALUATIONS.—The Adminis7 trator shall conduct and publish a risk evalua8 tion under this subsection for a chemical sub9 stance as soon as reasonably possible, subject to 

10 the availability of resources, but not later than 

11 3 years after the date on which— 

12 ‘‘(i) the Administrator— 

13 ‘‘(I) makes a determination 

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

15 ‘‘(II) begins the risk evaluation 

16 under paragraph (3)(B); or 

17 ‘‘(ii) a manufacturer requests the risk 

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

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

20 on a risk evaluation conducted under this sub21 section, the Administrator determines that a 

22 chemical substance presents or will present, in 

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

24 unreasonable risk of injury to health or the en25 vironment, the Administrator shall— 


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1 ‘‘(i) propose a rule under subsection 

2 (a) for the chemical substance not later 

3 than 90 days after the date on which the 

4 risk evaluation regarding such chemical 

5 substance is published under subparagraph 

6 (A); and 

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

8 final rule not later than 180 days after the 

9 date on which the risk evaluation regard10 ing such chemical substance is published 

11 under subparagraph (A). 

12 ‘‘(C) EXTENSION.—If the Administrator 

13 determines that additional information is nec14 essary to make a risk evaluation determination 

15 under this subsection, the Administrator may 

16 extend the deadline under subparagraph (A) ac17 cordingly, except that the deadline may not be 

18 extended to a date that is later than— 

19 ‘‘(i) 90 days after receipt of such ad20 ditional information; or 

21 ‘‘(ii) 2 years after the original dead22 line. 

23 ‘‘(6) DETERMINATIONS OF NO UNREASONABLE

24 RISK.— 


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

2 than 30 days before publishing a final deter3 mination under this subsection that a chemical 

4 substance will not present an unreasonable risk 

5 of injury to health or the environment, the Ad6 ministrator shall make a preliminary determina7 tion to such effect and provide public notice of, 

8 and an opportunity for comment regarding, 

9 such preliminary determination. 

10 ‘‘(B) POTENTIALLY EXPOSED SUBPOPULA11 TIONS.—The Administrator shall not make a 

12 determination under this subsection that a 

13 chemical substance will not present an unrea14 sonable risk of injury to health or the environ15 ment if the Administrator determines that the 

16 chemical substance, under the intended condi17 tions of use, poses an unreasonable risk of in18 jury to 1 or more potentially exposed sub19 populations. 

20 ‘‘(C) FINAL ACTION.—A final determina21 tion under this subsection that a chemical sub22 stance will not present an unreasonable risk of 

23 injury to health or the environment shall be 

24 considered a final agency action. 


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1 ‘‘(7) MINIMUM NUMBER.—Subject to the avail2 ability of appropriations, the Administrator shall ini3 tiate 10 or more risk evaluations under paragraphs 

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

5 the fiscal year of the date of enactment of the TSCA 

6 Modernization Act of 2015.’’. 

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

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

9 U.S.C. 2605(c)) is amended— 

10 (1) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) REQUIREMENTS FOR RULE.—In promul13 gating any rule under subsection (a) with respect to 

14 a chemical substance or mixture, the Administrator 

15 shall— 

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

17 respect to— 

18 ‘‘(i) the effects of the chemical sub19 stance or mixture on health and the mag20 nitude of the exposure of human beings to 

21 the chemical substance or mixture; 

22 ‘‘(ii) the effects of the chemical sub23 stance or mixture on the environment and 

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1 ronment to the chemical substance or mix2 ture; 

3 ‘‘(iii) the benefits of the chemical sub4 stance or mixture for various uses; and 

5 ‘‘(iv) the reasonably ascertainable eco6 nomic consequences of the rule, including 

7 consideration of the likely effect of the rule 

8 on the national economy, small business, 

9 technological innovation, the environment, 

10 and public health; 

11 ‘‘(B) impose requirements under the rule 

12 that the Administrator determines, consistent 

13 with the information published under subpara14 graph (A), are cost-effective, except where the 

15 Administrator determines that additional or dif16 ferent requirements described in subsection (a) 

17 are necessary to protect against the identified 

18 risk; 

19 ‘‘(C) based on the information published 

20 under subparagraph (A), in deciding whether to 

21 prohibit or restrict in a manner that substan22 tially prevents a specific use of a chemical sub23 stance or mixture and in setting an appropriate 

24 transition period for such action, determine 

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1 ternatives that benefit health or the environ2 ment, compared to the use so proposed to be 

3 prohibited or restricted, will be reasonably 

4 available as a substitute when the proposed pro5 hibition or restriction takes effect; 

6 ‘‘(D) exempt replacement parts designed 

7 prior to the date of publication in the Federal 

8 Register of the rule unless the Administrator 

9 finds such replacement parts contribute signifi10 cantly to the identified risk, including identified 

11 risk to identified potentially exposed subpopula12 tions; and 

13 ‘‘(E) in selecting among prohibitions and 

14 restrictions to address an identified risk, apply 

15 prohibitions or restrictions to articles on the 

16 basis of a chemical substance or mixture con17 tained in the article only to the extent necessary 

18 to mitigate the identified risk.’’; 

19 (2) in paragraph (2)— 

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

21 ‘‘When prescribing a rule’’; 

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

23 an informal hearing in accordance with para24 graph (3); (D)’’; 


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

2 ‘‘; and (D)’’; and 

3 (D) by moving such paragraph 2 ems to 

4 the right; 

5 (3) by striking paragraphs (3) and (4) and re6 designating paragraph (5) as paragraph (3); and 

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

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

9 and (4)’’ and inserting ‘‘APPLICATION.—Para10 graphs (1) and (2)’’; and 

11 (B) by moving such paragraph 2 ems to 

12 the right. 

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

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

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

16 promulgated under subsection (a) shall provide for a rea17 sonable transition period.’’. 

18 (e) NON-RISK FACTORS; CRITICAL USE EXEMP19 TIONS; PBT CHEMICALS.—Section 6 of the Toxic Sub20 stances Control Act (15 U.S.C. 2605) is amended by add21 ing at the end the following: 

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

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

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

25 ‘‘(h) CRITICAL USE EXEMPTIONS.— 


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1 ‘‘(1) CRITERIA FOR EXEMPTION.—The Admin2 istrator may grant an exemption from a requirement 

3 of a subsection (a) rule for a specific use of a chem4 ical substance or mixture, if— 

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

6 with respect to the specific use, as determined 

7 by the Administrator pursuant to subsection 

8 (c)(1)(B); and 

9 ‘‘(B) the Administrator finds that— 

10 ‘‘(i) the specific use is a critical or es11 sential use; or 

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

13 respect to the specific use, would signifi14 cantly disrupt the national economy, na15 tional security, or critical infrastructure. 

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

17 under paragraph (1) shall be— 

18 ‘‘(A) supported by clear and convincing 

19 evidence; 

20 ‘‘(B) preceded by public notice of the pro21 posed exemption and an opportunity for com22 ment; and 

23 ‘‘(C) followed by notice of the granted ex24 emption— 


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1 ‘‘(i) to the public, by the Adminis2 trator; and 

3 ‘‘(ii) to known commercial purchasers 

4 of the chemical substance or mixture with 

5 respect to which the exemption applies, by 

6 the manufacturers and processors of such 

7 chemical substance or mixture. 

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

9 granted under paragraph (1) shall expire after a pe10 riod not to exceed 5 years, but may be renewed for 

11 one or more additional 5-year periods if the Admin12 istrator finds that the requirements of paragraph (1) 

13 continue to be met. 

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

15 impose conditions on any use for which an exemp16 tion is granted under paragraph (1) to reduce risk 

17 from the chemical substance or mixture to the great18 est extent feasible. 

19 ‘‘(i) CHEMICALS THAT ARE PERSISTENT, BIO20 ACCUMULATIVE, AND TOXIC.— 

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

22 months after the date of enactment of the TSCA 

23 Modernization Act of 2015, the Administrator shall 

24 publish a list of those chemical substances that the 

25 Administrator has a reasonable basis to conclude are 


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1 persistent, bioaccumulative, and toxic, not including 

2 any chemical substance that is a metal, a metal com3 pound, or subject to subsection (e). 

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

5 than 2 years after the date of enactment of the 

6 TSCA Modernization Act of 2015, the Administrator 

7 shall designate as a PBT chemical of concern each 

8 chemical substance on the list published under para9 graph (1)— 

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

11 bioaccumulation, scores high for one and either 

12 high or moderate for the other, pursuant to the 

13 TSCA Work Plan Chemicals Methods Docu14 ment published by the Administrator in Feb15 ruary 2012; and 

16 ‘‘(B) exposure to which is likely to the gen17 eral population or to a potentially exposed sub18 population identified by the Administrator. 

19 ‘‘(3) EXPEDITED ACTION.—Notwithstanding 

20 subsection (b)(2), subject to the availability of ap21 propriations, not later than 2 years after designating 

22 a chemical substance under paragraph (2), the Ad23 ministrator shall promulgate a rule under subsection 

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

25 likely exposure to the extent practicable. 


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

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

3 the date on which the Administrator publishes the 

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

5 finding under subsection (b)(3)(A)(i), or a manufac6 turer requests a risk evaluation under subsection 

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

8 such chemical substance shall not be subject to this 

9 subsection.’’. 

10 SEC. 5. RELATIONSHIP TO OTHER FEDERAL LAWS. 

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

12 U.S.C. 2608(b)) is amended— 

13 (1) by striking ‘‘The Administrator shall coordi14 nate’’ and inserting ‘‘(1) The Administrator shall co15 ordinate’’; and 

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

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

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

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

20 substance or mixture rather than under another law ad21 ministered in whole or in part by the Administrator, the 

22 Administrator shall compare the relevant risks, estimated 

23 costs, and efficiencies of the action to be taken under this 

24 title and an action to be taken under such other law to 

25 protect against such risk.’’. 


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1 SEC. 6. DISCLOSURE OF DATA. 

2 Section 14 of the Toxic Substances Control Act (15 

3 U.S.C. 2613) is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘or’’ at the end of para6 graph (3); 

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

8 paragraph (4) and inserting a semicolon; and 

9 (C) by adding after paragraph (4) the fol10 lowing new paragraphs: 

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

12 government official upon request of the official for 

13 the purpose of administration or enforcement of a 

14 law; and 

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

16 ‘‘(A) to a health or environmental profes17 sional employed by a Federal or State agency in 

18 response to an environmental release; or 

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

20 health care professional to assist in the diag21 nosis or treatment of 1 or more individuals.’’; 

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

23 subparagraph (B)— 

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

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1 ing molecular structures) of a chemical sub2 stance or mixture,’’; 

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

4 ‘‘mixture, or,’’; and 

5 (C) by striking ‘‘the release of data dis6 closing’’; 

7 (3) in subsection (c)— 

8 (A) by striking the subsection heading and 

9 inserting ‘‘DESIGNATING AND SUBSTANTIATING

10 CONFIDENTIALITY.—’’; and 

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

12 follows: 

13 ‘‘(1)(A) In submitting information under this Act 

14 after the date of enactment of the TSCA Modernization 

15 Act of 2015, a manufacturer, processor, or distributor in 

16 commerce shall designate the information which such per17 son believes is entitled to protection under this section, 

18 and submit such designated information separately from 

19 other information submitted under this Act. A designation 

20 under this subparagraph shall be made in writing and in 

21 such manner as the Administrator may prescribe, and 

22 shall include— 

23 ‘‘(i) justification for each designation of con24 fidentiality; 


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1 ‘‘(ii) a certification that the information is not 

2 otherwise publicly available; and 

3 ‘‘(iii) separate copies of all submitted informa4 tion, with 1 copy containing and 1 copy excluding 

5 the information to which the request applies. 

6 ‘‘(B) Designations made under subparagraph (A) 

7 after the date of enactment of the TSCA Modernization 

8 Act of 2015 shall expire after 10 years, at which time the 

9 information shall be made public unless the manufacturer, 

10 processor, or distributor in commerce has submitted a re11 quest for renewal, made in writing and in such manner 

12 as the Administrator may prescribe, including all of the 

13 elements required for the initial submission. 

14 ‘‘(C) Not later than 60 days prior to making informa15 tion public under subparagraph (B), the Administrator 

16 shall notify, as appropriate and practicable, the manufac17 turer, processor, or distributor in commerce who des18 ignated the information under subparagraph (A) of the 

19 date on which such information will be made public unless 

20 a request for renewal is granted under subparagraph 

21 (B).’’; and 

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

24 ‘‘(f) PROHIBITION.—No person who receives informa25 tion as permitted under subsection (a) may use such inforVerDate Sep 11 2014 01:45 May 30, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2576.IH H2576

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1 mation for any purpose not specified in such subsection, 

2 nor disclose such information to any person not authorized 

3 to receive such information. 

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

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

7 SEC. 7. EFFECT ON STATE LAW. 

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

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

11 and inserting a semicolon; 

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

13 the following: 

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

18 condition of use, no State or political subdivision 

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

21 that applies to such chemical substance under the 

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

24 and is designed to protect against exposure to such 

25 chemical substance under the intended conditions of 


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1 use, unless the requirement of the State or political 

2 subdivision— 

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

4 Federal law; or 

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

6 quality or is related to waste treatment or 

7 waste disposal, except that this clause does not 

8 apply to such a requirement if a provision of 

9 this title, or an action or determination made 

10 by the Administrator under this title, actually 

11 conflicts with the requirement; and 

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

14 that applies to a chemical substance or mixture 

15 (other than a requirement described in section 

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

17 injury to health or the environment associated with 

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

20 such requirement, establish or continue in effect any 

21 requirement that applies to such chemical substance 

22 or mixture (including a requirement that applies to 

23 an article because the article contains the chemical 

24 substance or mixture) and is designed to protect 

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

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

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

7 a risk of injury considered by the Administrator in 

8 imposing such requirement, unless the requirement 

9 of the State or political subdivision— 

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

11 by the Administrator; 

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

13 Federal law; or 

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

15 quality or is related to waste treatment or 

16 waste disposal, except that this clause does not 

17 apply to such a requirement if a provision of 

18 this title, or an action or determination made 

19 by the Administrator under this title, actually 

20 conflicts with the requirement.’’; and 

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

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

23 in paragraph (2)(C)(i)— 


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

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

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

5 specific violation, the Administrator may not assess 

6 a penalty for that violation in an amount that would 

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

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

11 section 16.’’. 

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

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

14 the end the following: 

15 ‘‘(c) SAVINGS.— 

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

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

18 or requirement completed or implemented under this 

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

21 of a State to continue to enforce any action taken 

22 before August 1, 2015, under the authority of a 

23 State law that prohibits or otherwise restricts the 

24 manufacturing, processing, distribution in com25 merce, use, or disposal of a chemical substance, or 


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1 any action taken pursuant to a State law that was 

2 in effect on August 31, 2003, unless an action or de3 termination made by the Administrator under this 

4 title actually conflicts with the action taken pursu5 ant to such a State law. 

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

7 this title, nor any risk evaluation, rule, order, stand8 ard, or requirement completed or implemented under 

9 this title, shall be construed to preempt or otherwise 

10 affect either Federal or State tort law or the law 

11 governing the interpretation of contracts of any 

12 State, including any remedy for civil relief, whether 

13 under statutory or common law, including a remedy 

14 for civil damages, and any cause of action for per15 sonal injury, wrongful death, property damage, or 

16 other injury based on negligence, strict liability, 

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

18 theory relating to tort law. 

19 ‘‘(3) INTENT OF CONGRESS.—It is not the in20 tent of Congress that this title, or rules, regulations, 

21 or orders issued pursuant to this title, be interpreted 

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

23 favor, the disposition of any civil action for damages 

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

25 make a determination in an adjudicatory proceeding 


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1 under applicable State law with respect to the ad2 missibility of evidence, unless a provision of this title 

3 actually conflicts with the State court action. 

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

5 the term ‘requirements’ does not include civil tort 

6 actions for damages under State law.’’. 

7 (c) EFFECT OF ACTIONS BY ADMINISTRATOR.— 

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

9 shall be construed as changing the preemptive effect of 

10 an action taken by the Administrator prior to the date 

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

12 SEC. 8. ADMINISTRATION OF THE ACT. 

13 Section 26 of the Toxic Substances Control Act (15 

14 U.S.C. 2625) is amended— 

15 (1) in subsection (b)(1)— 

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

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

18 and not more than reasonably necessary’’ after 

19 ‘‘section 4 or 5’’; 

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

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

22 ‘‘to defray the cost’’; 

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

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

25 collected’’; and 


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1 (E) by striking ‘‘Such rules shall not pro2 vide for any fee in excess of $2,500 or, in the 

3 case of a small business concern, any fee in ex4 cess of $100.’’ and inserting ‘‘Such rules shall 

5 provide for lower fees for small business con6 cerns.’’; 

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

8 following: 

9 ‘‘(3) FUND.— 

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

11 the Treasury of the United States a revolving fund, 

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

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

14 such amounts as are deposited in the Fund under 

15 this paragraph. 

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

17 The Administrator shall collect the fees described in 

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

19 ‘‘(C) CREDITING AND AVAILABILITY OF

20 FEES.—On request by the Administrator, the Sec21 retary of the Treasury shall transfer from the Fund 

22 to the Administrator amounts appropriated to pay 

23 or recover the full costs incurred by the Environ24 mental Protection Agency, including contractor 


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

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

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

4 Amounts equivalent to fees collected by the Adminis5 trator and deposited in the Fund under this section 

6 shall be available without fiscal year limitation to the 

7 Administrator, subject to the availability of appro8 priations, for use only in administering the provi9 sions of this title for which the fees are collected. 

10 ‘‘(E) ACCOUNTING AND AUDITING.— 

11 ‘‘(i) ACCOUNTING.—The Administrator 

12 shall biennially prepare and submit to the Com13 mittee on Environment and Public Works of the 

14 Senate and the Committee on Energy and Com15 merce of the House of Representatives a report 

16 that includes an accounting of the fees paid to 

17 the Administrator under this paragraph and 

18 amounts disbursed from the Fund for the pe19 riod covered by the report, as reflected by fi20 nancial statements provided in accordance with 

21 sections 3515 and 3521 of title 31, United 

22 States Code. 

23 ‘‘(ii) AUDITING.— 

24 ‘‘(I) IN GENERAL.—For the purpose 

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


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1 States Code, the Fund shall be considered 

2 a component of a covered executive agency. 

3 ‘‘(II) COMPONENTS OF AUDIT.—The 

4 annual audit required in accordance with 

5 sections 3515 and 3521 of title 31, United 

6 States Code, of the financial statements of 

7 activities carried out using amounts from 

8 the Fund shall include an analysis of— 

9 ‘‘(aa) the fees collected and 

10 amounts disbursed under this sub11 section; 

12 ‘‘(bb) the reasonableness of the 

13 fees in place as of the date of the 

14 audit to meet current and projected 

15 costs of administering the provisions 

16 of the title for which the fees are col17 lected; and 

18 ‘‘(cc) the number of requests for 

19 a risk evaluation made by manufac20 turers under section 6(b)(3)(A)(ii). 

21 ‘‘(III) FEDERAL RESPONSIBILITY.— 

22 The Inspector General of the Environ23 mental Protection Agency shall conduct 

24 the annual audit described in subclause 

25 (II) and submit to the Administrator a reVerDate Sep 11 2014 01:45 May 30, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2576.IH H2576

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1 port that describes the findings and any 

2 recommendations of the Inspector General 

3 resulting from the audit.’’; and 

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

5 ‘‘(h) SCIENTIFIC STANDARDS.—In carrying out sec6 tions 4, 5, and 6, to the extent that the Administrator 

7 makes a decision based on science, the Administrator shall 

8 consider, as applicable— 

9 ‘‘(1) the extent to which the scientific and tech10 nical procedures, measures, methods, or models em11 ployed to generate the information are reasonable 

12 for and consistent with the use of the information; 

13 ‘‘(2) the extent to which the information is rel14 evant for the Administrator’s use in making a deci15 sion about a chemical substance or mixture; 

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

17 which the data, assumptions, methods, quality assur18 ance, and analyses employed to generate the infor19 mation are documented; 

20 ‘‘(4) the extent to which the variability and un21 certainty in the information, or in the procedures, 

22 measures, methods, or models, are evaluated and 

23 characterized; and 


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

2 peer review of the information or of the procedures, 

3 measures, methods, or models. 

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

6 6 based on the weight of the scientific evidence. 

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

8 section 14, the Administrator shall make available to the 

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

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

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

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

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

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

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

20 date of enactment of the TSCA Modernization Act 

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

22 years thereafter, the Administrator shall— 

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

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


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1 nonanimal, and epidemiological test methods 

2 and procedures for assessing and determining 

3 risk under this title; and 

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

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

7 understandings. 

8 ‘‘(l) REPORT TO CONGRESS.— 

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

10 months after the date of enactment of the TSCA 

11 Modernization Act of 2015, the Administrator shall 

12 submit to the Committees on Energy and Commerce 

13 and Appropriations of the House of Representatives 

14 and the Committees on Environment and Public 

15 Works and Appropriations of the Senate a report 

16 containing an estimation of— 

17 ‘‘(A) the capacity of the Environmental 

18 Protection Agency to conduct and publish risk 

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

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

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

23 ‘‘(B) the capacity of the Environmental 

24 Protection Agency to conduct and publish risk 

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


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1 likely demand for such risk evaluations, and the 

2 anticipated schedule for accommodating that 

3 demand; 

4 ‘‘(C) the capacity of the Environmental 

5 Protection Agency to promulgate rules under 

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

8 6(b); and 

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

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

12 publish risk evaluations under section 6(b). 

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

16 once every 5 years.’’. 

17 SEC. 9. CONFORMING AMENDMENTS. 

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

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

20 (1) in subsection (b)— 

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

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

23 or consent agreement’’; 


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

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

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

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

6 or consent agreement’’; and 

7 (D) in paragraph (4)— 

8 (i) by striking ‘‘rule under subsection 

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

10 ‘‘rule, order, or consent agreement under 

11 subsection (a)’’; 

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

13 place it appears and inserting ‘‘repeals the 

14 rule or order or modifies the consent 

15 agreement to terminate the requirement’’; 

16 and 

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

19 modifies the application of the rule, order, 

20 or consent agreement’’; 

21 (2) in subsection (c)— 

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

23 and inserting ‘‘rule or order’’; 

24 (B) in paragraph (2)— 


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

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

3 data is being developed pursuant to such a 

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

6 which data is being developed pursuant to 

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

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

9 ‘‘such rule or which is being developed pur10 suant to such rule’’ and inserting ‘‘such 

11 rule, order, or consent agreement or which 

12 is being developed pursuant to such rule, 

13 order, or consent agreement’’; and 

14 (iii) in the matter following subpara15 graph (B), by striking ‘‘the rule’’ and in16 serting ‘‘the rule or order’’; 

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

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

19 or consent agreement’’; and 

20 (D) in paragraph (4)— 

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

22 each place it appears and inserting ‘‘rule, 

23 order, or consent agreement’’; 


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

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

3 or consent agreement’’; and 

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

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

6 or consent agreement’’; 

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

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

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

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

13 (1) in subsection (b)— 

14 (A) in paragraph (1)(A)— 

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

16 and inserting ‘‘rule, order, or consent 

17 agreement’’; and 

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

21 (B) in paragraph (1)(B)— 

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

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

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


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

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

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

5 or consent agreement’’; 

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

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

8 and 

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

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

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

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

14 (1) in subsection (d)(2)(B), by striking ‘‘para15 graphs (2) and (3) of subsection (c)’’ and inserting 

16 ‘‘paragraph (2) of subsection (c)’’; and 

17 (2) in subsection (e)(4), by striking ‘‘para18 graphs (2), (3), and (4) of subsection (c)’’ and in19 serting ‘‘paragraph (2) of subsection (c)’’. 

20 (d) SECTION 7.—Section 7(a)(1) of the Toxic Sub21 stances Control Act (15 U.S.C. 2606(a)(1)) is amended, 

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

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

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


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1 4, 5, or 6 or title IV, an order under section 4 or 5 or 

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

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

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

5 2607(a)(3)(A)(ii)(I)) is amended by striking ‘‘or an order 

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

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

8 under section 4’’. 

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

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

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

12 6(a)’’. 

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

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

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

16 ‘‘rule promulgated, order issued, or consent agreement en17 tered into’’. 

18 (h) SECTION 15.—Section 15(1) of the Toxic Sub19 stances Control Act (15 U.S.C. 2614(1)) is amended by 

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

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

22 rule promulgated, order issued, or consent agreement en23 tered into under this title, or’’. 


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

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

3 amended— 

4 (1) by striking ‘‘rule promulgated’’ and insert5 ing ‘‘rule, order, or consent agreement’’; and 

6 (2) by striking ‘‘such rule’’ each place it ap7 pears and inserting ‘‘such rule, order, or consent 

8 agreement’’. 

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

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

11 (1) in subsection (a)— 

12 (A) in paragraph (1)(A)— 

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

14 days after the date of the promulgation of 

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

16 days after the date on which a rule is pro17 mulgated’’; 

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

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

20 ‘‘any person’’; 

21 (iii) by striking ‘‘such rule’’ and in22 serting ‘‘such rule or order’’; and 

23 (iv) by striking ‘‘such a rule’’ and in24 serting ‘‘such a rule or order’’; 

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


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

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

3 (D) in paragraph (3)— 

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

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

6 order’’; 

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

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

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

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

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

12 order’’; 

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

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

15 order’’; and 

16 (v) in subparagraph (E)— 

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

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

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

20 promulgation of such rule’’ and in21 serting ‘‘the date on which such rule 

22 is promulgated or such order is 

23 issued’’; 

24 (2) in subsection (b)— 


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1 (A) by striking ‘‘review a rule’’ and insert2 ing ‘‘review a rule, or an order under section 

3 4,’’; 

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

5 ‘‘such rule or order’’; 

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

7 ‘‘the rule or order’’; 

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

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

10 (E) by striking ‘‘modified rule’’ and insert11 ing ‘‘modified rule or order’’; and 

12 (3) in subsection (c)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (A)— 

15 (I) by striking ‘‘a rule’’ and in16 serting ‘‘a rule, or an order under sec17 tion 4’’; and 

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

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

20 (ii) in subparagraph (B)— 

21 (I) in the matter preceding clause 

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

23 ‘‘a rule or order’’; and 

24 (II) in clause (i)— 


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1 (aa) by inserting ‘‘or an 

2 order under section 4,’’ before 

3 ‘‘the standard for review’’; 

4 (bb) by striking ‘‘such rule’’ 

5 and inserting ‘‘such rule or 

6 order’’; and 

7 (cc) by striking ‘‘the rule’’ 

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

9 and 

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

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

12 (k) SECTION 20.—Section 20(a)(1) of the Toxic Sub13 stances Control Act (15 U.S.C. 2619(a)(1)) is amended 

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

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

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

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

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

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

20 under section 4 or 5(e)’’; and 

21 (2) in subsection (b)— 

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

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

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

25 and 


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1 (B) in paragraph (4)(B)— 

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

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

4 6(b)(2)’’ and inserting ‘‘order under sec5 tion 4 or 5(e)’’; 

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

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

8 under section 4 or 5(e)’’; and 

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

10 order under section 6(b)(2)’’. 

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

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

13 amended— 

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

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

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

17 (n) SECTION 27.—Section 27(a) of the Toxic Sub18 stances Control Act (15 U.S.C. 2626(a)) is amended by 

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

20 or consent agreements’’. 

21 (o) SECTION 30.—Section 30(2) of the Toxic Sub22 stances Control Act (15 U.S.C. 2629(2)) is amended by 

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

24 agreement’’. 

Æ 


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