IB 
Union Calendar No. 131 
114TH CONGRESS 
1ST SESSION H. R. 2576 
[Report No. 114–176] 
To modernize the Toxic Substances Control Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2015 
Mr. SHIMKUS (for himself, Mr. UPTON, Mr. PALLONE, and Mr. TONKO) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
JUNE 23, 2015 
Additional sponsors: Mr. HARPER, Mr. GENE GREEN of Texas, Mr. LATTA, 
Mr. BILIRAKIS, Mr. MOOLENAAR, Mr. DESJARLAIS, Mr. SCHWEIKERT, 
Mr. SCHRADER, Ms. SCHAKOWSKY, Mr. CARTER of Georgia, Mr. RICH-
MOND, Mr. RUSH, and Mr. THOMPSON of Mississippi 
JUNE 23, 2015 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 26, 2015] 
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A BILL 
To modernize the Toxic Substances Control Act, and for 
other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘TSCA Modernization Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Testing of chemical substances and mixtures. 
Sec. 4. Regulation of hazardous chemical substances and mixtures. 
Sec. 5. Relationship to other Federal laws. 
Sec. 6. Disclosure of data. 
Sec. 7. Effect on State law. 
Sec. 8. Administration of the Act. 
Sec. 9. Conforming amendments. 
SEC. 2. DEFINITIONS. 
Section 3 of the Toxic Substances Control Act (15 
U.S.C. 2602) is amended— 
(1) by redesignating paragraphs (7) through (14) 
as paragraphs (8) through (10) and (12) through 
(16), respectively; 
(2) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) The term ‘intended conditions of use’ means the 
circumstances under which a chemical substance is in-
tended, known, or reasonably foreseeable to be manufac-
tured, processed, distributed in commerce, used, and dis-
posed of.’’; and 
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(3) by inserting after paragraph (10), as so re-
designated, the following: 
‘‘(11) The term ‘potentially exposed subpopulation’ 
means a group of individuals within the general population 
who, due to either greater susceptibility or greater potential 
exposure, are likely to be at greater risk than the general 
population of adverse health effects from exposure to a 
chemical substance.’’. 
SEC. 3. TESTING OF CHEMICAL SUBSTANCES AND MIX-
TURES. 
Section 4 of the Toxic Substances Control Act (15 
U.S.C. 2603) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A)(iii), by striking ‘‘; 
or’’ and inserting a semicolon; 
(B) in subparagraph (B)(iii), by striking ‘‘; 
and’’ and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(C) testing of a chemical substance is necessary 
to conduct a risk evaluation under section 6(b); and’’; 
(2) in the matter following subsection (a)(2), by 
inserting ‘‘, order, or consent agreement’’ after ‘‘by 
rule’’; and 
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(3) in subsection (b)(5), by striking ‘‘paragraph 
(1)(A) or (1)(B)’’ and inserting ‘‘paragraph (1)(A), 
(1)(B), or (1)(C)’’. 
SEC. 4. REGULATION OF HAZARDOUS CHEMICAL SUB-
STANCES AND MIXTURES. 
(a) SCOPE OF REGULATION.—Section 6(a) of the Toxic 
Substances Control Act (15 U.S.C. 2605(a)) is amended— 
(1) by striking ‘‘finds that there is a reasonable 
basis to conclude’’ and inserting ‘‘determines under 
subsection (b)’’; 
(2) by inserting ‘‘or designates a chemical sub-
stance under subsection (i)(2),’’ before ‘‘the Adminis-
trator shall by rule’’; and 
(3) by striking ‘‘to protect adequately against 
such risk using the least burdensome requirements’’ 
and inserting ‘‘so that the chemical substance or mix-
ture no longer presents or will present an unreason-
able risk, including an identified unreasonable risk to 
a potentially exposed subpopulation’’. 
(b) RISK EVALUATIONS.—Section 6(b) of the Toxic 
Substances Control Act (15 U.S.C. 2605(b)) is amended to 
read as follows: 
‘‘(b) RISK EVALUATIONS.— 
‘‘(1) IN GENERAL.—The Administrator shall con-
duct risk evaluations pursuant to this subsection to 
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‘‘(B) TSCA WORK PLAN CHEMICALS.—The 
Administrator may, without making a deter-
mination under subparagraph (A)(i), conduct 
and publish the results of a risk evaluation 
under this subsection for a chemical substance 
that, on the date of enactment of the TSCA Mod-
ernization Act of 2015, is listed in the TSCA 
Work Plan for Chemical Assessments published 
by the Administrator. 
‘‘(4) REQUIREMENTS.—In conducting a risk 
evaluation under this subsection, the Administrator 
shall— 
‘‘(A) integrate and assess information on 
hazards and exposures for all of the intended 
conditions of use of the chemical substance, in-
cluding information that is relevant to specific 
risks of injury to health or the environment and 
information on potentially exposed subpopula-
tions; 
‘‘(B) not consider information on cost and 
other factors not directly related to health or the 
environment; 
‘‘(C) take into account, where relevant, the 
likely duration, intensity, frequency, and num-
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ber of exposures under the intended conditions of 
use of the chemical substance; 
‘‘(D) describe the weight of the scientific evi-
dence for identified hazard and exposure; 
‘‘(E) consider whether the weight of the sci-
entific evidence supports the identification of 
doses of the chemical substance below which no 
adverse effects can be expected to occur; and 
‘‘(F) in the case of a risk evaluation re-
quested by a manufacturer under paragraph 
(3)(A)(ii), ensure that the costs to the Environ-
mental Protection Agency, including contractor 
costs, of conducting the risk evaluation are paid 
for by the manufacturer. 
‘‘(5) DEADLINES.— 
‘‘(A) RISK
EVALUATIONS.—The Adminis-
trator shall conduct and publish a risk evalua-
tion under this subsection for a chemical sub-
stance as soon as reasonably possible, subject to 
the availability of resources, but not later than 
3 years after the date on which— 
‘‘(i) the Administrator— 
‘‘(I) makes a determination under 
paragraph (3)(A)(i); or 
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‘‘(II) begins the risk evaluation 
under paragraph (3)(B); or 
‘‘(ii) a manufacturer requests the risk 
evaluation under paragraph (3)(A)(ii). 
‘‘(B) SUBSECTION (a) RULES.—If, based on 
a risk evaluation conducted under this sub-
section, the Administrator determines that a 
chemical substance presents or will present, in 
the absence of a rule under subsection (a), an 
unreasonable risk of injury to health or the envi-
ronment, the Administrator shall— 
‘‘(i) propose a rule under subsection 
(a) for the chemical substance not later than 
90 days after the date on which the risk 
evaluation regarding such chemical sub-
stance is published under subparagraph (A); 
and 
‘‘(ii) publish in the Federal Register a 
final rule not later than 180 days after the 
date on which the risk evaluation regarding 
such chemical substance is published under 
subparagraph (A). 
‘‘(C) EXTENSION.—If the Administrator de-
termines that additional information is nec-
essary to make a risk evaluation determination 
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under this subsection, the Administrator may ex-
tend the deadline under subparagraph (A) ac-
cordingly, except that the deadline may not be 
extended to a date that is later than— 
‘‘(i) 90 days after receipt of such addi-
tional information; or 
‘‘(ii) 2 years after the original dead-
line. 
‘‘(6) DETERMINATIONS
OF
NO
UNREASONABLE 
RISK.— 
‘‘(A) NOTICE
AND
COMMENT.—Not later 
than 30 days before publishing a final deter-
mination under this subsection that a chemical 
substance does not and will not present an un-
reasonable risk of injury to health or the envi-
ronment, the Administrator shall make a pre-
liminary determination to such effect and pro-
vide public notice of, and an opportunity for 
comment regarding, such preliminary deter-
mination. 
‘‘(B) POTENTIALLY
EXPOSED
SUBPOPULA-
TIONS.—The Administrator shall not make a de-
termination under this subsection that a chem-
ical substance will not present an unreasonable 
risk of injury to health or the environment if the 
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Administrator determines that the chemical sub-
stance, under the intended conditions of use, pre-
sents or will present an unreasonable risk of in-
jury to 1 or more potentially exposed subpopula-
tions. 
‘‘(C) FINAL ACTION.—A final determination 
under this subsection that a chemical substance 
will not present an unreasonable risk of injury 
to health or the environment shall be considered 
a final agency action. 
‘‘(7) MINIMUM NUMBER.—Subject to the avail-
ability of appropriations, the Administrator shall ini-
tiate 10 or more risk evaluations under paragraphs 
(3)(A)(i) or (3)(B) in each fiscal year beginning in 
the fiscal year of the date of enactment of the TSCA 
Modernization Act of 2015.’’. 
(c) PROMULGATION OF SUBSECTION (a) RULES.—Sec-
tion 6(c) of the Toxic Substances Control Act (15 U.S.C. 
2605(c)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) REQUIREMENTS
FOR
RULE.—In promul-
gating any rule under subsection (a) with respect to 
a chemical substance or mixture, the Administrator 
shall— 
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‘‘(A) consider and publish a statement with 
respect to— 
‘‘(i) the effects of the chemical sub-
stance or mixture on health and the mag-
nitude of the exposure of human beings to 
the chemical substance or mixture; 
‘‘(ii) the effects of the chemical sub-
stance or mixture on the environment and 
the magnitude of the exposure of the envi-
ronment to the chemical substance or mix-
ture; 
‘‘(iii) the benefits of the chemical sub-
stance or mixture for various uses; and 
‘‘(iv) the reasonably ascertainable eco-
nomic consequences of the rule, including 
consideration of the likely effect of the rule 
on the national economy, small business, 
technological innovation, the environment, 
and public health; 
‘‘(B) impose requirements under the rule 
that the Administrator determines, consistent 
with the information published under subpara-
graph (A), are cost-effective, except where the Ad-
ministrator determines that additional or dif-
ferent requirements described in subsection (a) 
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are necessary to protect against the identified 
risk; 
‘‘(C) based on the information published 
under subparagraph (A), in deciding whether to 
prohibit or restrict in a manner that substan-
tially prevents a specific use of a chemical sub-
stance or mixture and in setting an appropriate 
transition period for such action, determine 
whether technically and economically feasible al-
ternatives that benefit health or the environment, 
compared to the use so proposed to be prohibited 
or restricted, will be reasonably available as a 
substitute when the proposed prohibition or other 
restriction takes effect; 
‘‘(D) exempt replacement parts designed 
prior to the date of publication in the Federal 
Register of the rule unless the Administrator 
finds such replacement parts contribute signifi-
cantly to the identified risk, including identified 
risk to identified potentially exposed subpopula-
tions; and 
‘‘(E) in selecting among prohibitions and 
other restrictions to address an identified risk, 
apply prohibitions or other restrictions to arti-
cles on the basis of a chemical substance or mix-
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ture contained in the article only to the extent 
necessary to protect against the identified risk.’’; 
(2) in paragraph (2)— 
(A) by inserting ‘‘PROCEDURES.—’’ before 
‘‘When prescribing a rule’’; 
(B) by striking ‘‘provide an opportunity for 
an informal hearing in accordance with para-
graph (3); (D)’’; 
(C) by striking ‘‘, and (E)’’ and inserting 
‘‘; and (D)’’; and 
(D) by moving such paragraph 2 ems to the 
right; 
(3) by striking paragraphs (3) and (4) and re-
designating paragraph (5) as paragraph (3); and 
(4) in paragraph (3) (as so redesignated)— 
(A) by striking ‘‘Paragraphs (1), (2), (3), 
and (4)’’ and inserting ‘‘APPLICATION.—Para-
graphs (1) and (2)’’; and 
(B) by moving such paragraph 2 ems to the 
right. 
(d) EFFECTIVE DATE.—Section 6(d)(2)(B) of the 
Toxic Substances Control Act (15 U.S.C. 2605(d)(2)(B)) is 
amended by adding at the end the following: ‘‘Any rule pro-
mulgated under subsection (a) shall provide for a reasonable 
transition period.’’. 
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(e) NON-RISK FACTORS; CRITICAL USE EXEMPTIONS; 
PBT CHEMICALS.—Section 6 of the Toxic Substances Con-
trol Act (15 U.S.C. 2605) is amended by adding at the end 
the following: 
‘‘(g) NON-RISK FACTORS.—The Administrator shall 
not consider costs or other non-risk factors when deciding 
whether to initiate a rulemaking under subsection (a). 
‘‘(h) CRITICAL USE EXEMPTIONS.— 
‘‘(1) CRITERIA FOR EXEMPTION.—The Adminis-
trator may grant an exemption from a requirement 
of a subsection (a) rule for a specific use of a chem-
ical substance or mixture, if— 
‘‘(A) the requirement is not cost-effective 
with respect to the specific use, as determined by 
the 
Administrator 
pursuant 
to 
subsection 
(c)(1)(B); and 
‘‘(B) the Administrator finds that— 
‘‘(i) the specific use is a critical or es-
sential use; or 
‘‘(ii) the requirement, as applied with 
respect to the specific use, would signifi-
cantly disrupt the national economy, na-
tional security, or critical infrastructure. 
‘‘(2) PROCEDURE.—An exemption granted under 
paragraph (1) shall be— 
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‘‘(A) supported by clear and convincing evi-
dence; 
‘‘(B) preceded by public notice of the pro-
posed exemption and an opportunity for com-
ment; and 
‘‘(C) followed by notice of the granted ex-
emption— 
‘‘(i) to the public, by the Adminis-
trator; and 
‘‘(ii) to known commercial purchasers 
of the chemical substance or mixture with 
respect to which the exemption applies, by 
the manufacturers and processors of such 
chemical substance or mixture. 
‘‘(3) PERIOD
OF
EXEMPTION.—An exemption 
granted under paragraph (1) shall expire after a pe-
riod not to exceed 5 years, but may be renewed for 
one or more additional 5-year periods if the Adminis-
trator finds that the requirements of paragraph (1) 
continue to be met. 
‘‘(4) CONDITIONS.—The Administrator shall im-
pose conditions on any use for which an exemption 
is granted under paragraph (1) to reduce risk from 
the chemical substance or mixture to the greatest ex-
tent feasible. 
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‘‘(i) CHEMICALS THAT ARE PERSISTENT, BIOACCUMU-
LATIVE, AND TOXIC.— 
‘‘(1) IDENTIFICATION.—Not later than 9 months 
after the date of enactment of the TSCA Moderniza-
tion Act of 2015, the Administrator shall publish a 
list of those chemical substances that the Adminis-
trator has a reasonable basis to conclude are per-
sistent, bioaccumulative, and toxic, not including any 
chemical substance that is a metal, a metal com-
pound, or subject to subsection (e). 
‘‘(2) CONFIRMATION
OF
CONCERN.—Not later 
than 2 years after the date of enactment of the TSCA 
Modernization Act of 2015, the Administrator shall 
designate as a PBT chemical of concern each chemical 
substance on the list published under paragraph (1)— 
‘‘(A) that, with respect to persistence and 
bioaccumulation, scores high for one and either 
high or moderate for the other, pursuant to the 
TSCA Work Plan Chemicals Methods Document 
published by the Administrator in February 
2012; and 
‘‘(B) exposure to which is likely to the gen-
eral population or to a potentially exposed sub-
population identified by the Administrator. 
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‘‘(3) EXPEDITED ACTION.—Notwithstanding sub-
section (b)(2), subject to the availability of appropria-
tions, not later than 2 years after designating a 
chemical substance under paragraph (2), the Admin-
istrator shall promulgate a rule under subsection (a) 
with respect to the chemical substance to reduce likely 
exposure to the extent practicable. 
‘‘(4) RELATIONSHIP TO SUBSECTION (b).—If, at 
any time prior to the date that is 90 days after the 
date on which the Administrator publishes the list 
under paragraph (1), the Administrator makes a 
finding under subsection (b)(3)(A)(i), or a manufac-
turer requests a risk evaluation under subsection 
(b)(3)(A)(ii), with respect to a chemical substance, 
such chemical substance shall not be subject to this 
subsection.’’. 
SEC. 5. RELATIONSHIP TO OTHER FEDERAL LAWS. 
Section 9(b) of the Toxic Substances Control Act (15 
U.S.C. 2608(b)) is amended— 
(1) by striking ‘‘The Administrator shall coordi-
nate’’ and inserting ‘‘(1) The Administrator shall co-
ordinate’’; and 
(2) by adding at the end the following: 
‘‘(2) In making a determination under paragraph (1) 
that it is in the public interest for the Administrator to 
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take an action under this title with respect to a chemical 
substance or mixture rather than under another law admin-
istered in whole or in part by the Administrator, the Ad-
ministrator shall consider the relevant risks, and compare 
the estimated costs and efficiencies, of the action to be taken 
under this title and an action to be taken under such other 
law to protect against such risk.’’. 
SEC. 6. DISCLOSURE OF DATA. 
Section 14 of the Toxic Substances Control Act (15 
U.S.C. 2613) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘or’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting a semicolon; and 
(C) by adding after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) may be disclosed to a State, local, or tribal 
government official upon request of the official for the 
purpose of administration or enforcement of a law; 
and 
‘‘(6) shall be disclosed upon request— 
‘‘(A) to a health or environmental profes-
sional employed by a Federal or State agency in 
response to an environmental release; or 
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‘‘(B) to a treating physician or other health 
care professional to assist in the diagnosis or 
treatment of 1 or more individuals.’’; 
(2) in subsection (b)(1), in the matter following 
subparagraph (B)— 
(A) by striking ‘‘data which discloses’’ and 
inserting ‘‘data that disclose formulas (including 
molecular structures) of a chemical substance or 
mixture,’’; 
(B) by striking ‘‘mixture or,’’ and inserting 
‘‘mixture, or,’’; and 
(C) by striking ‘‘the release of data dis-
closing’’; 
(3) in subsection (c)— 
(A) by striking the subsection heading and 
inserting ‘‘DESIGNATING
AND SUBSTANTIATING 
CONFIDENTIALITY.—’’; 
(B) by amending paragraph (1) to read as 
follows: ‘‘(1)(A) In submitting information under 
this Act after date of enactment of the TSCA 
Modernization Act of 2015, a manufacturer, 
processor, or distributor in commerce shall des-
ignate the information which such person be-
lieves is entitled to protection under this section, 
and submit such designated information sepa-
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rately from other information submitted under 
this Act. A designation under this subparagraph 
shall be made in writing and in such manner as 
the Administrator may prescribe, and shall in-
clude— 
‘‘(i) justification for each designation of 
confidentiality; 
‘‘(ii) a certification that the information is 
not otherwise publicly available; and 
‘‘(iii) separate copies of all submitted infor-
mation, with 1 copy containing and 1 copy ex-
cluding the information to which the request ap-
plies. 
‘‘(B) Designations made under subparagraph 
(A) after the date of enactment of the TSCA Mod-
ernization Act of 2015 shall expire after 10 years, at 
which time the information shall be made public un-
less the manufacturer, processor, or distributor in 
commerce has reasserted the claim for protection, in 
writing and in such manner as the Administrator 
may prescribe, including all of the elements required 
for the initial submission. 
‘‘(C) Not later than 60 days prior to making in-
formation public under subparagraph (B), the Ad-
ministrator shall notify, as appropriate and prac-
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ticable, the manufacturer, processor, or distributor in 
commerce who designated the information under sub-
paragraph (A) of the date on which such information 
will be made public unless a request for renewal is 
granted under subparagraph (B).’’; and 
(C) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘, for a reason other than the expiration of 
such designation pursuant to paragraph 
(1)(B),’’ before ‘‘proposes to release’’; and 
(ii) in subparagraph (B)(i), by strik-
ing ‘‘or (4)’’ and inserting ‘‘(4), or (6)’’; 
and 
(4) by adding at the end the following new sub-
sections: 
‘‘(f) PROHIBITION.—No person who receives informa-
tion as permitted under subsection (a) may use such infor-
mation for any purpose not specified in such subsection, 
nor disclose such information to any person not authorized 
to receive such information. 
‘‘(g) SAVINGS.—Nothing in this section shall be con-
strued to affect the applicability of State or Federal rules 
of evidence or procedure in any judicial proceeding.’’. 
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SEC. 7. EFFECT ON STATE LAW. 
(a) IN GENERAL.—Section 18(a) of the Toxic Sub-
stances Control Act (15 U.S.C. 2617(a)) is amended— 
(1) in paragraph (2)(A), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) by striking paragraph (2)(B) and inserting 
the following: 
‘‘(B) if the Administrator makes a final deter-
mination under section 6(b) that a chemical sub-
stance will not present an unreasonable risk of injury 
to health or the environment under the intended con-
dition of use, no State or political subdivision may, 
after the date of publication of such determination, es-
tablish or continue in effect any requirement that ap-
plies to such chemical substance under the intended 
conditions of use considered by the Administrator in 
the risk evaluation under section 6(b), and is designed 
to protect against exposure to such chemical substance 
under the intended conditions of use, unless the re-
quirement of the State or political subdivision— 
‘‘(i) is adopted under the authority of a 
Federal law; or 
‘‘(ii) is adopted to protect air or water 
quality or is related to waste treatment or waste 
disposal, except that this clause does not apply 
to such a requirement if a provision of this title, 
VerDate Sep 11 2014 
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