II 
114TH CONGRESS 
1ST SESSION H. R. 2576 
IN THE SENATE OF THE UNITED STATES 
JUNE 24, 2015 
Received 
AN ACT 
To modernize the Toxic Substances Control Act, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 
(3) by inserting after paragraph (10), as so re-
designated, the following: 
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‘‘(11) The term ‘potentially exposed subpopulation’ 
means a group of individuals within the general population 
who, due to either greater susceptibility or greater poten-
tial exposure, are likely to be at greater risk than the gen-
eral 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 nec-
essary 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 
(3) in subsection (b)(5), by striking ‘‘paragraph 
(1)(A) or (1)(B)’’ and inserting ‘‘paragraph (1)(A), 
(1)(B), or (1)(C)’’. 
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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 Admin-
istrator 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 
mixture no longer presents or will present an unrea-
sonable 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 
conduct risk evaluations pursuant to this subsection 
to determine whether or not a chemical substance 
presents or will present, in the absence of require-
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ments under subsection (a), an unreasonable risk of 
injury to health or the environment. 
‘‘(2) APPLYING REQUIREMENTS.—The Adminis-
trator shall apply requirements with respect to a 
chemical substance through a rule under subsection 
(a) only if the Administrator determines through a 
risk evaluation under this subsection, without con-
sideration of costs or other non-risk factors, that the 
chemical substance presents or will present, in the 
absence of such requirements, an unreasonable risk 
of injury to health or the environment. 
‘‘(3) CONDUCTING RISK EVALUATION.— 
‘‘(A) REQUIRED RISK EVALUATIONS.—The 
Administrator shall conduct and publish the re-
sults of a risk evaluation under this subsection 
for a chemical substance if— 
‘‘(i) the Administrator determines 
that the chemical substance may present 
an unreasonable risk of injury to health or 
the environment because of potential haz-
ard and a potential route of exposure 
under the intended conditions of use; or 
‘‘(ii) a manufacturer of the chemical 
substance requests such a risk evaluation 
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in a form and manner prescribed by the 
Administrator. 
‘‘(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 
Modernization 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; 
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‘‘(C) take into account, where relevant, the 
likely duration, intensity, frequency, and num-
ber of exposures under the intended conditions 
of use of the chemical substance; 
‘‘(D) describe the weight of the scientific 
evidence for identified hazard and exposure; 
‘‘(E) consider whether the weight of the 
scientific 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— 
‘‘(i) 3 years after the date on which 
the Administrator— 
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‘‘(I) 
makes 
a 
determination 
under paragraph (3)(A)(i); or 
‘‘(II) begins the risk evaluation 
under paragraph (3)(B); or 
‘‘(ii) in the case of a risk evaluation 
requested by a manufacturer under para-
graph (3)(A)(ii), 2 years after the later of 
the date on which— 
‘‘(I) the manufacturer requests 
the risk evaluation; or 
‘‘(II) if applicable, the risk eval-
uation is initiated pursuant to sub-
paragraph (B). 
‘‘(B) DEADLINE ADJUSTMENT.—If the Ad-
ministrator receives more requests for risk eval-
uations under paragraph (3)(A)(ii) than the 
Administrator has resources to conduct by the 
deadline under subparagraph (A)(ii)(I) (taking 
into account the requirement in paragraph 
(4)(F)), the Administrator shall— 
‘‘(i) initiate risk evaluations that ex-
ceed the Administrator’s allotted resources 
as soon as resources for such risk evalua-
tions are available; and 
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‘‘(ii) not collect a fee under section 26 
from the manufacturer for a risk evalua-
tion until the Administrator initiates the 
risk evaluation. 
‘‘(C) SUBSECTION (a) RULES.—If, based 
on a risk evaluation conducted under this sub-
section, the Administrator determines, without 
consideration of costs or other non-risk factors, 
that a chemical substance presents or will 
present, in the absence of a rule under sub-
section (a), an unreasonable risk of injury to 
health or the environment, the Administrator 
shall— 
‘‘(i) propose a rule under subsection 
(a) for the chemical substance not later 
than 1 year after the date on which the 
risk evaluation regarding such chemical 
substance is published under subparagraph 
(A); and 
‘‘(ii) publish in the Federal Register a 
final rule not later than 2 years after the 
date on which the risk evaluation regard-
ing such chemical substance is published 
under subparagraph (A). 
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