II 
Calendar No. 143 
114TH CONGRESS 
1ST SESSION H. R. 2576 
IN THE SENATE OF THE UNITED STATES 
JUNE 24, 2015 
Received 
JULY 8, 2015 
Read twice and placed on the calendar 
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, 
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. 
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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: 
‘‘(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.’’. 
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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)’’. 
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— 
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(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-
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 
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(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 
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 
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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; 
‘‘(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; 
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‘‘(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— 
‘‘(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-
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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 
‘‘(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 
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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). 
‘‘(D) EXTENSION.—If the Administrator 
determines that additional information is nec-
essary to make a risk evaluation determination 
under this subsection, the Administrator may 
extend the deadline under subparagraph (A) ac-
cordingly, except that the deadline may not be 
extended to a date that is later than— 
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‘‘(i) 90 days after receipt of such ad-
ditional information; or 
‘‘(ii) 2 years after the deadline being 
extended under this subparagraph. 
‘‘(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 
determination under this subsection that a 
chemical substance will not present an unrea-
sonable risk of injury to health or the environ-
ment if the Administrator determines that the 
chemical substance, under the intended condi-
tions of use, presents or will present an unrea-
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sonable risk of injury to one or more potentially 
exposed subpopulations. 
‘‘(C) FINAL ACTION.—A final determina-
tion under this subsection that a chemical sub-
stance 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.— 
Section 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— 
‘‘(A) consider and publish a statement with 
respect to— 
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‘‘(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 
Administrator determines that additional or dif-
ferent requirements described in subsection (a) 
are necessary to protect against the identified 
risk; 
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‘‘(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 environ-
ment, compared to the use so proposed to be 
prohibited or restricted, will be reasonably 
available as a substitute when the proposed pro-
hibition 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 
mixture contained in the article only to the ex-
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tent 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 
promulgated under subsection (a) shall provide for a rea-
sonable transition period.’’. 
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(e) NON-RISK FACTORS; CRITICAL USE EXEMP-
TIONS; PBT CHEMICALS.—Section 6 of the Toxic Sub-
stances Control Act (15 U.S.C. 2605) is amended by add-
ing 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 Admin-
istrator 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 
evidence; 
‘‘(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 Admin-
istrator finds that the requirements of paragraph (1) 
continue to be met. 
‘‘(4) CONDITIONS.—The Administrator shall 
impose conditions on any use for which an exemp-
tion is granted under paragraph (1) to reduce risk 
from the chemical substance or mixture to the great-
est extent feasible. 
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‘‘(i) CHEMICALS
THAT
ARE
PERSISTENT, BIO-
ACCUMULATIVE, AND TOXIC.— 
‘‘(1) 
IDENTIFICATION.—Not 
later 
than 
months after the date of enactment of the TSCA 
Modernization Act of 2015, the Administrator shall 
publish a list of those chemical substances that the 
Administrator has a reasonable basis to conclude are 
persistent, 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 para-
graph (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 Docu-
ment published by the Administrator in Feb-
ruary 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 
subsection (b)(2), subject to the availability of ap-
propriations, not later than 2 years after designating 
a chemical substance under paragraph (2), the Ad-
ministrator 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 ad-
ministered in whole or in part by the Administrator, the 
Administrator shall consider the relevant risks, and com-
pare 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 diag-
nosis or treatment of one 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 (includ-
ing molecular structures) of a chemical sub-
stance 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 manufac-
turer, processor, or distributor in commerce 
shall designate the information which such per-
son believes is entitled to protection under this 
section, and submit such designated informa-
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tion separately from other information sub-
mitted under this Act. A designation under this 
subparagraph shall be made in writing and in 
such manner as the Administrator may pre-
scribe, and shall include— 
‘‘(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 one copy containing and one copy 
excluding the information to which the request 
applies. 
‘‘(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 
unless 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 
subparagraph (A) of the date on which such infor-
mation will be made public unless a request for re-
newal 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 in-
jury to health or the environment under the intended 
condition of use, no State or political subdivision 
may, after the date of publication of such determina-
tion, establish or continue in effect any requirement 
that applies to such chemical substance under the 
intended conditions of use considered by the Admin-
istrator 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 requirement 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 
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apply to such a requirement if a provision of 
this title, or an action or determination made 
by the Administrator under this title, actually 
conflicts with the requirement; and 
‘‘(C) if the Administrator imposes a require-
ment, through a rule or order under section 5 or 6, 
that applies to a chemical substance or mixture 
(other than a requirement described in section 
6(a)(6)) and is designed to protect against a risk of 
injury to health or the environment associated with 
such chemical substance or mixture, no State or po-
litical subdivision may, after the effective date of 
such requirement, establish or continue in effect any 
requirement that applies to such chemical substance 
or mixture (including a requirement that applies to 
an article because the article contains the chemical 
substance or mixture) and is designed to protect 
against exposure to the chemical substance or mix-
ture either under the intended conditions of use con-
sidered by the Administrator in the risk evaluation 
under section 6(b) or from a use identified in a no-
tice received by the Administrator under section 
5(a), or, in the case of a requirement imposed pur-
suant to section 6(i), is designed to protect against 
a risk of injury considered by the Administrator in 
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imposing such requirement, unless the requirement 
of the State or political subdivision— 
‘‘(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 Administrator 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 
specific violation for which the Administrator has as-
sessed a penalty under section 16; and 
‘‘(B) if a State has assessed a penalty for a 
specific 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 vio-
lation by the State and the Administrator combined 
to exceed the maximum amount that may be as-
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sessed for that violation by the Administrator under 
section 16.’’. 
(b) SAVINGS.—Section 18 of the Toxic Substances 
Control 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 af-
fect the authority of a State or political subdivision 
of a State to continue to enforce any action taken 
or requirement that has taken effect— 
‘‘(A) before August 1, 2015, under the au-
thority of a State law that prohibits or other-
wise restricts the manufacturing, processing, 
distribution in commerce, use, or disposal of a 
chemical substance; or 
‘‘(B) pursuant to a State law that was in 
effect on August 31, 2003, 
unless an action or determination made by the Ad-
ministrator under this title actually conflicts with 
the action taken or requirement that has taken ef-
fect pursuant to such a State law. 
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‘‘(2) TORT AND CONTRACT LAW.—Nothing in 
this title, nor any risk evaluation, rule, order, stand-
ard, 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 the interpretation of contracts of any 
State, including any remedy for civil relief, whether 
under statutory or common law, including a remedy 
for civil damages, and any cause of action for per-
sonal 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 in-
tent of Congress that this title, or rules, regulations, 
or orders issued pursuant to this title, be interpreted 
as influencing, 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 ad-
missibility of evidence, unless a provision of this title 
actually conflicts with the State court action. 
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‘‘(4) APPLICATION.—For purposes of this title, 
the term ‘requirements’ does not include civil tort 
actions for damages under State law.’’. 
(c) EFFECT
OF ACTIONS
BY ADMINISTRATOR.— 
Nothing in this Act, or the amendments made by this Act, 
shall be construed as changing the preemptive effect of 
an action 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-
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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 
following: 
‘‘(3) FUND.— 
‘‘(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 
paragraph (1) and deposit those fees in the Fund. 
‘‘(C) 
CREDITING
AND
AVAILABILITY
OF 
FEES.—On request by the Administrator, the Sec-
retary of the Treasury shall transfer from the Fund 
to the Administrator amounts appropriated to pay 
or recover the full costs incurred by the Environ-
mental Protection Agency, including contractor 
costs, in carrying out the provisions of this title for 
which the fees are collected under paragraph (1). 
‘‘(D) USE
OF
FUNDS
BY
ADMINISTRATOR.— 
Fees authorized under this section shall be collected 
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and available for obligation only to the extent and in 
the amount provided in advance in appropriations 
Acts, and shall be available without fiscal year limi-
tation for use only in administering the provisions of 
this title for which the fees are collected. 
‘‘(E) ACCOUNTING AND AUDITING.— 
‘‘(i) 
ACCOUNTING.—The 
Administrator 
shall biennially prepare and submit to the Com-
mittee on Environment and Public Works of the 
Senate and the Committee on Energy and Com-
merce of the House of Representatives a report 
that includes an accounting of the fees paid to 
the Administrator under this paragraph and 
amounts disbursed from the Fund for the pe-
riod covered by the report, as reflected by fi-
nancial 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 component of a covered executive agency. 
‘‘(II) COMPONENTS OF AUDIT.—The 
annual audit required in accordance with 
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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; 
‘‘(bb) the reasonableness of the 
fees in place as of the date of the 
audit to meet current and projected 
costs of administering the provisions 
of the title for which the fees are col-
lected; and 
‘‘(cc) the number of requests for 
a risk evaluation made by manufac-
turers under section 6(b)(3)(A)(ii). 
‘‘(III) FEDERAL
RESPONSIBILITY.— 
The Inspector General of the Environ-
mental Protection Agency shall conduct 
the annual audit described in subclause 
(II) and submit to the Administrator a re-
port that describes the findings and any 
recommendations of the Inspector General 
resulting from the audit.’’; and 
(3) by adding at the end the following: 
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‘‘(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 
consider, 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; 
‘‘(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 infor-
mation 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 
characterized; 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 Ad-
ministrator shall make decisions under sections 4, 5, and 
6 based on the weight of the scientific evidence. 
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‘‘(j) AVAILABILITY
OF INFORMATION.—Subject to 
section 14, the Administrator shall make available to the 
public all notices, determinations, findings, rules, and or-
ders 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 policies, procedures, and guidance the Adminis-
trator determines are necessary to carry out the 
amendments to this Act made by the TSCA Mod-
ernization 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-
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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 
Modernization Act of 2015, the Administrator shall 
submit to the Committees on Energy and Commerce 
and Appropriations of the House of Representatives 
and the Committees on Environment and Public 
Works and 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 evalua-
tions 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 
likely demand for such risk evaluations, and the 
anticipated schedule for accommodating that 
demand; 
‘‘(C) the capacity of the Environmental 
Protection Agency to promulgate rules under 
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section 6(a) as required based on risk evalua-
tions conducted and published under section 
6(b); and 
‘‘(D) the actual and anticipated efforts of 
the Environmental Protection Agency to in-
crease 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 de-
scribed 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 con-
sent agreements’’; 
(C) in paragraph (3), by striking ‘‘rule’’ 
each place it appears and inserting ‘‘rule, order, 
or consent agreement’’; and 
(D) in paragraph (4)— 
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Calendar No. 143 
114TH CONGRESS 
1ST SESSION 
H. R. 2576 
AN ACT 
To modernize the Toxic Substances Control Act, 
and for other purposes. 
JULY 8, 2015 
Read twice and placed on the calendar 
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