or an action or determination made by the Ad-
ministrator under this title, actually conflicts 
with the requirement; and 
‘‘(C) if the Administrator imposes a requirement, 
through a rule or order under section 5 or 6, that ap-
plies to a chemical substance or mixture (other than 
a requirement described in section 6(a)(6)) and is de-
signed to protect against a risk of injury to health or 
the environment associated with such chemical sub-
stance or mixture, no State or political subdivision 
may, after the effective date of such requirement, es-
tablish or continue in effect any requirement that ap-
plies to such chemical substance or mixture (includ-
ing a requirement that applies to an article because 
the article contains the chemical substance or mix-
ture) and is designed to protect against exposure to 
the chemical substance or mixture either under the in-
tended conditions of use considered by the Adminis-
trator in the risk evaluation under section 6(b) or 
from a use identified in a notice received by the Ad-
ministrator under section 5(a), or, in the case of a re-
quirement imposed pursuant to section 6(i), is de-
signed to protect against a risk of injury considered 
by the Administrator in imposing such requirement, 
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unless the requirement of the State or political sub-
division— 
‘‘(i) is identical to the requirement imposed 
by the Administrator; 
‘‘(ii) is adopted under the authority of a 
Federal law; or 
‘‘(iii) is adopted to protect air or water 
quality or is related to waste treatment or waste 
disposal, except that this clause does not apply 
to such a requirement if a provision of this title, 
or an action or determination made by the Ad-
ministrator under this title, actually conflicts 
with the requirement.’’; and 
(3) by adding at the end the following: 
‘‘(3) In the case of an identical requirement described 
in paragraph (2)(C)(i)— 
‘‘(A) a State may not assess a penalty for a spe-
cific violation for which the Administrator has as-
sessed a penalty under section 16; and 
‘‘(B) if a State has assessed a penalty for a spe-
cific violation, the Administrator may not assess a 
penalty for that violation in an amount that would 
cause the total of the penalties assessed for the viola-
tion by the State and the Administrator combined to 
exceed the maximum amount that may be assessed for 
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that violation by the Administrator under section 
16.’’. 
(b) SAVINGS.—Section 18 of the Toxic Substances Con-
trol Act (15 U.S.C. 2617) is amended by adding at the end 
the following: 
‘‘(c) SAVINGS.— 
‘‘(1) PRIOR
STATE
ACTIONS.—Nothing in this 
title, nor any risk evaluation, rule, order, standard, 
or requirement completed or implemented under this 
title, shall be construed to preempt or otherwise affect 
the authority of a State or political subdivision of a 
State to continue to enforce any action taken before 
August 1, 2015, under the authority of a State law 
that prohibits or otherwise restricts the manufac-
turing, processing, distribution in commerce, use, or 
disposal of a chemical substance, or any action taken 
pursuant to a State law that was in effect on August 
31, 2003, unless an action or determination made by 
the Administrator under this title actually conflicts 
with the action taken pursuant to such a State law. 
‘‘(2) TORT AND CONTRACT LAW.—Nothing in this 
title, nor any risk evaluation, rule, order, standard, 
or requirement completed or implemented under this 
title, shall be construed to preempt or otherwise affect 
either Federal or State tort law or the law governing 
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the interpretation of contracts of any State, including 
any remedy for civil relief, whether under statutory 
or common law, including a remedy for civil dam-
ages, and any cause of action for personal injury, 
wrongful death, property damage, or other injury 
based on negligence, strict liability, products liability, 
failure to warn, or any other legal theory relating to 
tort law. 
‘‘(3) INTENT OF CONGRESS.—It is not the intent 
of Congress that this title, or rules, regulations, or or-
ders issued pursuant to this title, be interpreted as in-
fluencing, in either a plaintiff’s or defendant’s favor, 
the disposition of any civil action for damages in a 
State court, or the authority of any court to make a 
determination in an adjudicatory proceeding under 
applicable State law with respect to the admissibility 
of evidence, unless a provision of this title actually 
conflicts with the State court action. 
‘‘(4) APPLICATION.—For purposes of this title, 
the term ‘requirements’ does not include civil tort ac-
tions for damages under State law.’’. 
(c) EFFECT OF ACTIONS BY ADMINISTRATOR.—Noth-
ing in this Act, or the amendments made by this Act, shall 
be construed as changing the preemptive effect of an action 
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taken by the Administrator prior to the date of enactment 
of this Act or under section 6(e). 
SEC. 8. ADMINISTRATION OF THE ACT. 
Section 26 of the Toxic Substances Control Act (15 
U.S.C. 2625) is amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘of a reasonable fee’’; 
(B) by inserting ‘‘of a fee that is sufficient 
and not more than reasonably necessary’’ after 
‘‘section 4 or 5’’; 
(C) by inserting ‘‘, or who requests a risk 
evaluation under section 6(b)(3)(A)(ii),’’ before 
‘‘to defray the cost’’; 
(D) by striking ‘‘this Act’’ and inserting 
‘‘the provision of this title for which such fee is 
collected’’; and 
(E) by striking ‘‘Such rules shall not pro-
vide for any fee in excess of $2,500 or, in the 
case of a small business concern, any fee in ex-
cess of $100.’’ and inserting ‘‘Such rules shall 
provide for lower fees for small business con-
cerns.’’; 
(2) by adding at the end of subsection (b) the fol-
lowing: 
‘‘(3) FUND.— 
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‘‘(A) ESTABLISHMENT.—There is established in 
the Treasury of the United States a revolving fund, 
to be known as the TSCA Service Fee Fund (in this 
paragraph referred to as the ‘Fund’), consisting of 
such amounts as are deposited in the Fund under this 
paragraph. 
‘‘(B) COLLECTION AND DEPOSIT OF FEES.—The 
Administrator shall collect the fees described in para-
graph (1) and deposit those fees in the Fund. 
‘‘(C) CREDITING AND AVAILABILITY OF FEES.— 
On request by the Administrator, the Secretary of the 
Treasury shall transfer from the Fund to the Admin-
istrator amounts appropriated to pay or recover the 
full costs incurred by the Environmental Protection 
Agency, including contractor costs, in carrying out 
the provisions of this title for which the fees are col-
lected under paragraph (1). 
‘‘(D) USE
OF
FUNDS
BY
ADMINISTRATOR.— 
Amounts equivalent to fees collected by the Adminis-
trator and deposited in the Fund under this section 
shall be available without fiscal year limitation to the 
Administrator, subject to the availability of appro-
priations, for use only in administering the provi-
sions of this title for which the fees are collected. 
‘‘(E) ACCOUNTING AND AUDITING.— 
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‘‘(i) ACCOUNTING.—The Administrator shall 
biennially prepare and submit to the Committee 
on Environment and Public Works of the Senate 
and the Committee on Energy and Commerce of 
the House of Representatives a report that in-
cludes an accounting of the fees paid to the Ad-
ministrator under this paragraph and amounts 
disbursed from the Fund for the period covered 
by the report, as reflected by financial statements 
provided in accordance with sections 3515 and 
3521 of title 31, United States Code. 
‘‘(ii) AUDITING.— 
‘‘(I) IN GENERAL.—For the purpose of 
section 3515(c) of title 31, United States 
Code, the Fund shall be considered a compo-
nent of a covered executive agency. 
‘‘(II) COMPONENTS
OF
AUDIT.—The 
annual audit required in accordance with 
sections 3515 and 3521 of title 31, United 
States Code, of the financial statements of 
activities carried out using amounts from 
the Fund shall include an analysis of— 
‘‘(aa) 
the 
fees 
collected 
and 
amounts disbursed under this sub-
section; 
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‘‘(bb) the reasonableness of the fees 
in place as of the date of the audit to 
meet current and projected costs of ad-
ministering the provisions of the title 
for which the fees are collected; and 
‘‘(cc) the number of requests for a 
risk evaluation made by manufacturers 
under section 6(b)(3)(A)(ii). 
‘‘(III) FEDERAL
RESPONSIBILITY.— 
The Inspector General of the Environmental 
Protection Agency shall conduct the annual 
audit described in subclause (II) and sub-
mit to the Administrator a report that de-
scribes the findings and any recommenda-
tions of the Inspector General resulting from 
the audit.’’; and 
(3) by adding at the end the following: 
‘‘(h) SCIENTIFIC STANDARDS.—In carrying out sec-
tions 4, 5, and 6, to the extent that the Administrator makes 
a decision based on science, the Administrator shall con-
sider, as applicable— 
‘‘(1) the extent to which the scientific and tech-
nical procedures, measures, methods, or models em-
ployed to generate the information are reasonable for 
and consistent with the use of the information; 
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‘‘(2) the extent to which the information is rel-
evant for the Administrator’s use in making a deci-
sion about a chemical substance or mixture; 
‘‘(3) the degree of clarity and completeness with 
which the data, assumptions, methods, quality assur-
ance, and analyses employed to generate the informa-
tion are documented; 
‘‘(4) the extent to which the variability and un-
certainty in the information, or in the procedures, 
measures, methods, or models, are evaluated and char-
acterized; and 
‘‘(5) the extent of independent verification or 
peer review of the information or of the procedures, 
measures, methods, or models. 
‘‘(i) WEIGHT OF SCIENTIFIC EVIDENCE.—The Admin-
istrator shall make decisions under sections 4, 5, and 6 
based on the weight of the scientific evidence. 
‘‘(j) AVAILABILITY OF INFORMATION.—Subject to sec-
tion 14, the Administrator shall make available to the pub-
lic all notices, determinations, findings, rules, and orders 
of the Administrator under this title. 
‘‘(k) POLICIES, PROCEDURES, AND GUIDANCE.— 
‘‘(1) DEVELOPMENT.—Not later than 2 years 
after the date of enactment of the TSCA Moderniza-
tion Act of 2015, the Administrator shall develop any 
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policies, procedures, and guidance the Administrator 
determines are necessary to carry out the amendments 
to this Act made by the TSCA Modernization Act of 
2015. 
‘‘(2) REVIEW.—Not later than 5 years after the 
date of enactment of the TSCA Modernization Act of 
2015, and not less frequently than once every 5 years 
thereafter, the Administrator shall— 
‘‘(A) review the adequacy of the policies, 
procedures, and guidance developed under para-
graph (1), including with respect to animal, 
nonanimal, and epidemiological test methods 
and procedures for assessing and determining 
risk under this title; and 
‘‘(B) revise such policies, procedures, and 
guidance as the Administrator determines nec-
essary to reflect new scientific developments or 
understandings. 
‘‘(l) REPORT TO CONGRESS.— 
‘‘(1) INITIAL REPORT.—Not later than 6 months 
after the date of enactment of the TSCA Moderniza-
tion Act of 2015, the Administrator shall submit to 
the Committees on Energy and Commerce and Appro-
priations of the House of Representatives and the 
Committees on Environment and Public Works and 
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Appropriations of the Senate a report containing an 
estimation of— 
‘‘(A) the capacity of the Environmental 
Protection Agency to conduct and publish risk 
evaluations under subparagraphs (A)(i) and (B) 
of section 6(b)(3), and the resources necessary to 
initiate the minimum number of risk evaluations 
required under section 6(b)(7); 
‘‘(B) the capacity of the Environmental 
Protection Agency to conduct and publish risk 
evaluations under section 6(b)(3)(A)(ii), the like-
ly demand for such risk evaluations, and the an-
ticipated schedule for accommodating that de-
mand; 
‘‘(C) the capacity of the Environmental 
Protection Agency to promulgate rules under sec-
tion 6(a) as required based on risk evaluations 
conducted and published under section 6(b); and 
‘‘(D) the actual and anticipated efforts of 
the Environmental Protection Agency to increase 
the Agency’s capacity to conduct and publish 
risk evaluations under section 6(b). 
‘‘(2) SUBSEQUENT
REPORTS.—The Adminis-
trator shall update and resubmit the report described 
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in paragraph (1) not less frequently than once every 
5 years.’’. 
SEC. 9. CONFORMING AMENDMENTS. 
(a) SECTION 4.—Section 4 of the Toxic Substances 
Control Act (15 U.S.C. 2603) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘rule’’ 
each place it appears and inserting ‘‘rule, order, 
or consent agreement’’; 
(B) in paragraph (2)(B), by striking 
‘‘rules’’ and inserting ‘‘rules, orders, and consent 
agreements’’; 
(C) in paragraph (3), by striking ‘‘rule’’ 
each place it appears and inserting ‘‘rule, order, 
or consent agreement’’; and 
(D) in paragraph (4)— 
(i) by striking ‘‘rule under subsection 
(a)’’ each place it appears and inserting 
‘‘rule, order, or consent agreement under 
subsection (a)’’; 
(ii) by striking ‘‘repeals the rule’’ each 
place it appears and inserting ‘‘repeals the 
rule or order or modifies the consent agree-
ment to terminate the requirement’’; and 
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(iii) by striking ‘‘repeals the applica-
tion of the rule’’ and inserting ‘‘repeals or 
modifies the application of the rule, order, 
or consent agreement’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘rule’’ 
and inserting ‘‘rule or order’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘a rule under subsection (a) or for which 
data is being developed pursuant to such a 
rule’’ and inserting ‘‘a rule, order, or con-
sent agreement under subsection (a) or for 
which data is being developed pursuant to 
such a rule, order, or consent agreement’’; 
(ii) in subparagraph (B), by striking 
‘‘such rule or which is being developed pur-
suant to such rule’’ and inserting ‘‘such 
rule, order, or consent agreement or which 
is being developed pursuant to such rule, 
order, or consent agreement’’; and 
(iii) in the matter following subpara-
graph (B), by striking ‘‘the rule’’ and in-
serting ‘‘the rule or order’’; 
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(C) in paragraph (3)(B)(i), by striking 
‘‘rule promulgated’’ and inserting ‘‘rule, order, 
or consent agreement’’; and 
(D) in paragraph (4)— 
(i) by striking ‘‘rule promulgated’’ 
each place it appears and inserting ‘‘rule, 
order, or consent agreement’’; 
(ii) by striking ‘‘such rule’’ each place 
it appears and inserting ‘‘such rule, order, 
or consent agreement’’; and 
(iii) in subparagraph (B), by striking 
‘‘the rule’’ and inserting ‘‘the rule, order, or 
consent agreement’’; 
(3) in subsection (d), by striking ‘‘rule’’ and in-
serting ‘‘rule, order, or consent agreement’’; and 
(4) in subsection (g), by striking ‘‘rule’’ and in-
serting ‘‘rule, order, or consent agreement’’. 
(b) SECTION 5.—Section 5 of the Toxic Substances 
Control Act (15 U.S.C. 2604) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)— 
(i) by striking ‘‘rule promulgated’’ and 
inserting ‘‘rule, order, or consent agree-
ment’’; and 
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(ii) by striking ‘‘such rule’’ and insert-
ing ‘‘such rule, order, or consent agree-
ment’’; 
(B) in paragraph (1)(B)— 
(i) by striking ‘‘rule promulgated’’ and 
inserting ‘‘rule or order’’; and 
(ii) by striking ‘‘the date of the submis-
sion in accordance with such rule’’ and in-
serting ‘‘the required date of submission’’; 
and 
(C) in paragraph (2)(A)(ii), by striking 
‘‘rule promulgated’’ and inserting ‘‘rule, order, 
or consent agreement’’; 
(2) in subsection (d)(2)(C), by striking ‘‘rule’’ 
and inserting ‘‘rule, order, or consent agreement’’; 
and 
(3) in subsection (h)(4), by striking ‘‘paragraphs 
(2) and (3) of section 6(c)’’ and inserting ‘‘paragraph 
(2) of section 6(c)’’. 
(c) SECTION 6.—Section 6 of the Toxic Substances 
Control Act (15 U.S.C. 2605) is amended— 
(1) in subsection (d)(2)(B)— 
(A) by striking ‘‘, provide reasonable oppor-
tunity, in accordance with paragraphs (2) and 
(3) of subsection (c), for a hearing on such rule,’’ 
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and inserting ‘‘in accordance with paragraph 
(2) of subsection (c),’’; and 
(B) by striking ‘‘; and if such a hearing is 
requested’’ and all that follows through ‘‘or re-
voke it.’’ and inserting a period; and 
(2) in subsection (e)(4), by striking ‘‘paragraphs 
(2), (3), and (4) of subsection (c)’’ and inserting 
‘‘paragraph (2) of subsection (c)’’. 
(d) SECTION 7.—Section 7(a)(1) of the Toxic Sub-
stances Control Act (15 U.S.C. 2606(a)(1)) is amended, in 
the matter following subparagraph (C), by striking ‘‘a rule 
under section 4, 5, 6, or title IV or an order under section 
5 or title IV’’ and inserting ‘‘a rule under section 4, 5, or 
6 or title IV, an order under section 4 or 5 or title IV, 
or a consent agreement under section 4’’. 
(e) SECTION 8.—Section 8(a)(3)(A)(ii)(I) of the Toxic 
Substances Control Act (15 U.S.C. 2607(a)(3)(A)(ii)(I)) is 
amended by striking ‘‘or an order in effect under section 
5(e)’’ and inserting ‘‘, an order in effect under section 4 
or 5(e), or a consent agreement under section 4’’. 
(f) SECTION 9.—Section 9(a) of the Toxic Substances 
Control Act (15 U.S.C. 2608(a)) is amended by striking 
‘‘section 6’’ each place it appears and inserting ‘‘section 
6(a)’’. 
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a rule’’ and inserting ‘‘Not later than 60 
days after the date on which a rule is pro-
mulgated’’; 
(ii) by inserting ‘‘or the date on which 
an order is issued under section 4,’’ before 
‘‘any person’’; 
(iii) by striking ‘‘such rule’’ and in-
serting ‘‘such rule or order’’; and 
(iv) by striking ‘‘such a rule’’ and in-
serting ‘‘such a rule or order’’; 
(B) by striking paragraph (1)(B); 
(C) in paragraph (2), by striking ‘‘the rule’’ 
and inserting ‘‘the rule or order’’; and 
(D) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘the rule’’ and inserting ‘‘the rule or order’’; 
(ii) in subparagraph (B), by striking 
‘‘a rule under section 4(a)’’ and inserting 
‘‘a rule or order under section 4(a)’’; 
(iii) in subparagraph (C), by striking 
‘‘such rule’’ and inserting ‘‘such rule or 
order’’; 
(iv) in subparagraph (D), by striking 
‘‘such rule’’ and inserting ‘‘such rule or 
order’’; and 
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(v) in subparagraph (E)— 
(I) by striking ‘‘to such rule’’ and 
inserting ‘‘to such rule or order’’; and 
(II) by striking ‘‘the date of the 
promulgation of such rule’’ and insert-
ing ‘‘the date on which such rule is 
promulgated or such order is issued’’; 
(2) in subsection (b)— 
(A) by striking ‘‘review a rule’’ and insert-
ing ‘‘review a rule, or an order under section 
4,’’; 
(B) by striking ‘‘such rule’’ and inserting 
‘‘such rule or order’’; 
(C) by striking ‘‘the rule’’ and inserting 
‘‘the rule or order’’; 
(D) by striking ‘‘new rule’’ each place it ap-
pears and inserting ‘‘new rule or order’’; and 
(E) by striking ‘‘modified rule’’ and insert-
ing ‘‘modified rule or order’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘a rule’’ and in-
serting ‘‘a rule, or an order under sec-
tion 4’’; and 
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(II) by striking ‘‘such rule’’ and 
inserting ‘‘such rule or order’’; and 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘a rule’’ and inserting 
‘‘a rule or order’’; 
(II) in clause (i)— 
(aa) by inserting ‘‘or an 
order under section 4,’’ before ‘‘the 
standard for review’’; 
(bb) by striking ‘‘such rule’’ 
and 
inserting 
‘‘such 
rule 
or 
order’’; 
(cc) by striking ‘‘the rule’’ 
and inserting ‘‘the rule or order’’; 
and 
(dd) by striking the semi-
colon and inserting ‘‘; and’’; and 
(III) by striking clause (ii) and 
redesignating clause (iii) as clause (ii); 
and 
(B) in paragraph (2), by striking ‘‘any 
rule’’ and inserting ‘‘any rule or order’’. 
(k) SECTION 20.—Section 20(a)(1) of the Toxic Sub-
stances Control Act (15 U.S.C. 2619(a)(1)) is amended by 
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striking ‘‘order issued under section 5’’ and inserting ‘‘order 
issued under section 4 or 5’’. 
(l) SECTION 21.—Section 21 of the Toxic Substances 
Control Act (15 U.S.C. 2620) is amended— 
(1) in subsection (a), by striking ‘‘order under 
section 5(e) or (6)(b)(2)’’ and inserting ‘‘order under 
section 4 or 5(e)’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘order 
under section 5(e), 6(b)(1)(A), or 6(b)(1)(B)’’ 
and inserting ‘‘order under section 4 or 5(e)’’; 
and 
(B) in paragraph (4)(B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘order under section 5(e) or 
6(b)(2)’’ and inserting ‘‘order under section 
4 or 5(e)’’; 
(ii) in clause (i), by striking ‘‘order 
under section 5(e)’’ and inserting ‘‘order 
under section 4 or 5(e)’’; and 
(iii) in clause (ii), by striking ‘‘or an 
order under section 6(b)(2)’’. 
(m) SECTION 24.—Section 24(b)(2)(B) of the Toxic 
Substances Control Act (15 U.S.C. 2623(b)(2)(B)) is 
amended— 
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(1) by inserting ‘‘and’’ at the end of clause (i); 
(2) by striking clause (ii); and 
(3) by redesignating clause (iii) as clause (ii). 
(n) SECTION 27.—Section 27(a) of the Toxic Sub-
stances Control Act (15 U.S.C. 2626(a)) is amended by 
striking ‘‘rules promulgated’’ and inserting ‘‘rules, orders, 
or consent agreements’’. 
(o) SECTION 30.—Section 30(2) of the Toxic Sub-
stances Control Act (15 U.S.C. 2629(2)) is amended by 
striking ‘‘rule’’ and inserting ‘‘rule, order, or consent agree-
ment’’. 
VerDate Sep 11 2014 
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