I 
114TH CONGRESS 
1ST SESSION H. R. 1922 
To amend the Federal Water Pollution Control Act with respect to the 
use of dispersants, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 21, 2015 
Mr. NADLER introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Energy and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Federal Water Pollution Control Act with 
respect to the use of dispersants, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ban Toxic Dispersants 
Act of 2015’’. 
SEC. 2. NATIONAL CONTINGENCY PLAN. 
(a) CONTENTS.—Section 311(d)(2)(G) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(d)(2)(G)) 
is amended by striking the period at the end and inserting 
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the following: ‘‘, except that a dispersant, other chemical, 
or other spill mitigating device or substance that is not 
included on the schedule may be used in carrying out the 
Plan only if the dispersant, other chemical, or other spill 
mitigating device or substance is proposed to be included 
on the schedule.’’. 
(b) SCHEDULE FOR USE OF DISPERSANTS, OTHER 
CHEMICALS, AND OTHER SPILL MITIGATING DEVICES 
AND SUBSTANCES.—Section 311(d) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(d)) is amended by 
adding at the end the following: 
‘‘(5) SCHEDULE
FOR
USE
OF
DISPERSANTS, 
OTHER CHEMICALS, AND OTHER SPILL MITIGATING 
DEVICES AND SUBSTANCES.— 
‘‘(A) RULEMAKING.—Not later than 2 
years after the date of enactment of this para-
graph, the President, acting through the Ad-
ministrator, after providing notice and an op-
portunity for public comment, shall issue a re-
vised regulation for the development of the 
schedule for the use of dispersants, other 
chemicals, and other spill mitigating devices 
and substances developed under paragraph 
(2)(G) in a manner that is consistent with the 
requirements of this paragraph, and shall mod-
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ify the existing schedule to take into account 
the requirements of the revised regulation. 
‘‘(B) 
SCHEDULE
LISTING
REQUIRE-
MENTS.—In issuing the regulation under sub-
paragraph (A), the Administrator shall— 
‘‘(i) with respect to dispersants, other 
chemicals, and other spill mitigating sub-
stances included or proposed to be included 
on the schedule under paragraph (2)(G)— 
‘‘(I) establish minimum toxicity 
and efficacy testing criteria, taking 
into account the results of the study 
carried out under subparagraph (E); 
‘‘(II) provide for testing or other 
verification (independent from the in-
formation provided by an applicant 
seeking the inclusion of such dispers-
ant, chemical, or substance on the 
schedule) related to the toxicity and 
effectiveness of such dispersant, chem-
ical, or substance; 
‘‘(III) establish protocols for the 
application of any such dispersant, 
chemical, or substance, including— 
‘‘(aa) application conditions; 
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‘‘(bb) the quantity thresh-
olds for which approval by the 
Administrator is required; 
‘‘(cc) the criteria to be used 
to develop the appropriate max-
imum quantity of any such dis-
persant, chemical, or substance 
that the Administrator deter-
mines may be used, both on a 
daily and cumulative basis; and 
‘‘(dd) a ranking, by geo-
graphic area, of any such dis-
persant, chemical, or substance 
based on a combination of its ef-
fectiveness for each type of oil 
and its level of toxicity; 
‘‘(IV) establish a requirement 
that the volume of oil or hazardous 
substance discharged, and the volume 
and location of any such dispersant, 
chemical, or substance used, be meas-
ured and made publicly available on a 
daily basis, including on the Internet; 
‘‘(V) require the public disclosure 
of all ingredients, including the chem-
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nism for the delisting of any such de-
vice based on any information made 
available to the Administrator that 
demonstrates that such device poses a 
significant risk or impact to human 
health, water quality, the environ-
ment, or any other factor the Admin-
istrator determines appropriate. 
‘‘(C) MINIMUM
TOXICITY
CRITERIA.—In 
establishing minimum toxicity criteria under 
subparagraph (B)(i)(I), the Administrator, as 
appropriate, shall comply with the requirements 
of section 121(d) of the Comprehensive Envi-
ronmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9621(d)). 
‘‘(D) DELISTING.—In carrying out sub-
paragraphs (B)(i)(VI) and (B)(ii)(II), the Ad-
ministrator, after posting a notice in the Fed-
eral Register and providing an opportunity for 
public comment, shall initiate a formal review 
of the potential risks and impacts associated 
with a dispersant, chemical, substance, or de-
vice prior to delisting the dispersant, chemical, 
substance, or device. 
‘‘(E) STUDY.— 
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‘‘(i) IN GENERAL.—Not later than 3 
months after the date of enactment of this 
paragraph, the Administrator, in coordina-
tion with the Agency for Toxic Substances 
and Disease Registry, shall initiate a study 
of the potential risks and impacts to 
human health, water quality, the environ-
ment, or any other factor the Adminis-
trator determines appropriate, including 
acute and chronic risks, from the use of 
dispersants, other chemicals, and other 
spill mitigating substances, if any, that 
may be used to carry out the National 
Contingency Plan, including an assessment 
of such risks and impacts— 
‘‘(I) on a representative sample 
of biota and types of oil from loca-
tions where such dispersants, chemi-
cals, or substances may potentially be 
used; 
‘‘(II) on human health, including 
factors relating to— 
‘‘(aa) individuals most likely 
to be exposed to such disper-
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sants, chemicals, or substances; 
and 
‘‘(bb) the pathways of expo-
sure to such dispersants, chemi-
cals, or substances, including di-
rect contract, ingestion, and in-
halation; 
‘‘(III) that result from any by-
products created from the use of such 
dispersants, chemicals, or substances. 
‘‘(ii) INFORMATION FROM MANUFAC-
TURERS.— 
‘‘(I) IN
GENERAL.—In conjunc-
tion with the study authorized by 
clause (i), the Administrator shall de-
termine the requirements for manu-
facturers of dispersants, chemicals, or 
substances to evaluate the potential 
risks and impacts to human health, 
water quality, the environment, or any 
other factor the Administrator deter-
mines appropriate, including acute 
and chronic risks, associated with the 
use of the dispersants, chemicals, or 
substances and any byproducts gen-
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erated by such use and to provide the 
details of such evaluation as a condi-
tion for listing on the schedule, or ap-
proving for use under this section, ac-
cording to guidelines developed and 
published by the Administrator. 
‘‘(II) MINIMUM
REQUIREMENTS 
FOR
EVALUATION.—In carrying out 
this clause, the Administrator shall re-
quire a manufacturer to include— 
‘‘(aa) information on the 
types of oils for which and loca-
tions where such dispersants, 
chemicals, or substances may po-
tentially be used; and 
‘‘(bb) if appropriate, an as-
sessment of the impacts from 
subsea use of the dispersant, 
chemical, or substance, including 
the potential long term effects of 
such use on water quality and 
the environment. 
‘‘(F) PERIODIC REVISIONS.— 
‘‘(i) IN GENERAL.—Not later than 5 
years after the date of the issuance of the 
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regulation under this paragraph, and on an 
ongoing basis thereafter (and at least once 
every 5 years), the Administrator shall re-
view the schedule for the use of disper-
sants, other chemicals, and other spill miti-
gating devices and substances that may be 
used to carry out the National Contingency 
Plan and update or revise the schedule, as 
necessary, to ensure the protection of 
human health, water quality, the environ-
ment, and any other factor the Adminis-
trator determines appropriate. 
‘‘(ii) EFFECTIVENESS.—The Adminis-
trator shall ensure, to the maximum extent 
practicable, that each update or revision to 
the schedule increases the minimum effec-
tiveness necessary for listing a dispersant, 
other chemical, or other spill mitigating de-
vice or substance on the schedule. 
‘‘(G) APPROVAL OF USE AND APPLICATION 
OF DISPERSANTS.— 
‘‘(i) IN GENERAL.—In issuing the reg-
ulation under subparagraph (A), the Ad-
ministrator shall require the approval of 
the Federal On-Scene Coordinator, in co-
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ordination with the Administrator, for all 
uses of a dispersant, other chemical, or 
other spill mitigating substance in any re-
moval action, including— 
‘‘(I) any such dispersant, chem-
ical, or substance that is included on 
the schedule developed pursuant to 
this subsection; and 
‘‘(II) any dispersant, chemical, or 
other substance that is included as 
part an approved area contingency 
plan or response plan developed under 
this section. 
‘‘(ii) REGULATIONS.—Any provision 
of section 300.910 of title 40, Code of 
Federal Regulations, that is inconsistent 
with this paragraph shall have no force or 
effect. 
‘‘(6) FEES.— 
‘‘(A) GENERAL AUTHORITY AND FEES.— 
Subject to subparagraph (B), the Administrator 
shall establish a schedule of fees to be collected 
from the manufacturer of a dispersant, chem-
ical, or spill mitigating substance or device to 
offset the costs of the Administrator associated 
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including all costs associated with col-
lecting such fees; and 
‘‘(III) remain available until ex-
pended. 
‘‘(ii) CONTINUING APPROPRIATIONS.— 
The Administrator may continue to assess, 
collect, and spend fees established under 
this section during any period in which the 
funding for the Environmental Protection 
Agency is provided under an Act providing 
continuing appropriations in lieu of the 
Administration’s regular appropriations. 
‘‘(iii) ADJUSTMENTS.—The Adminis-
trator shall adjust the fees established by 
subparagraph (A) periodically to ensure 
that each of the fees required by subpara-
graph (A) is reasonably related to the Ad-
ministrator’s costs, as determined by the 
Administrator, of performing the activity 
for which the fee is imposed.’’. 
SEC. 3. TEMPORARY MORATORIUM ON APPROVAL OF USE 
OF DISPERSANTS. 
(a) IN GENERAL.—Subject to subsection (b), the Ad-
ministrator of the Environmental Protection Agency may 
not approve the use of a dispersant under section 311(d) 
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of the Federal Water Pollution Control Act of 1990 (33 
U.S.C. 1321(d)), and shall withdraw any approval of such 
use made before the date of enactment of this Act, until 
the date on which the rulemaking and study required by 
subparagraphs (A) and (E) of section 311(d)(5) of such 
Act (as added by this Act) are complete. 
(b) CONDITIONAL APPROVAL.— 
(1) IN GENERAL.—The Administrator may ap-
prove the use of a dispersant under section 311(d) 
of such Act (33 U.S.C. 1321(d)) that is included or 
proposed to be included on the schedule under sec-
tion 
311(d)(2)(G) 
of 
such 
Act 
(33 
U.S.C. 
1321(d)(2)(G)) for the period of time before the 
date on which the rulemaking and study required by 
subparagraphs (A) and (E) of section 311(d)(5) of 
such Act (as added by this Act) are complete if the 
Administrator determines that such use will not 
have a negative impact on human health, water 
quality, the environment, or any other factor the Ad-
ministrator determines appropriate. 
(2) SUNSET.—An approval issued under para-
graph (1) shall cease to be effective after the last 
day of the 2-year period beginning on the date of en-
actment of this Act. 
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(c) INFORMATION.—In approving the use of a dis-
persant under subsection (b), the Administrator may re-
quire the manufacturer of the dispersant to provide such 
information as the Administrator determines necessary to 
satisfy the requirements of that subsection. 
Æ 
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