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114th Congress   }                                         {    Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                         {   114-176

======================================================================



 
                     TSCA MODERNIZATION ACT OF 2015

                                _______
                                

 June 23, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Upton, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2576]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2576) to modernize the Toxic Substances Control 
Act, and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    12
Background and Need for Legislation..............................    12
Hearings.........................................................    13
Committee Consideration..........................................    13
Committee Votes..................................................    14
Committee Oversight Findings.....................................    16
Statement of General Performance Goals and Objectives............    16
New Budget Authority, Entitlement Authority, and Tax Expenditures    16
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......    16
Committee Cost Estimate..........................................    16
Congressional Budget Office Estimate.............................    16
Federal Mandates Statement.......................................    21
Duplication of Federal Programs..................................    21
Disclosure of Directed Rule Makings..............................    22
Advisory Committee Statement.....................................    22
Applicability to Legislative Branch..............................    22
Section-by-Section Analysis of the Legislation...................    22
Changes in Existing Law Made by the Bill, as Reported............    34

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 following:
  ``(7) The term `intended conditions of use' means the circumstances 
under which a chemical substance is intended, known, or reasonably 
foreseeable to be manufactured, processed, distributed in commerce, 
used, and disposed of.''; and
          (3) by inserting after paragraph (10), as so redesignated, 
        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 MIXTURES.

  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
          (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 SUBSTANCES 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 substance under 
        subsection (i)(2),'' before ``the Administrator 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 unreasonable 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 requirements under subsection (a), an unreasonable 
        risk of injury to health or the environment.
          ``(2) Applying requirements.--The Administrator 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 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 results 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 hazard 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.
                  ``(B) TSCA work plan chemicals.--The Administrator 
                may, without making a determination 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, including information that is 
                relevant to specific risks of injury to health or the 
                environment and information on potentially exposed 
                subpopulations;
                  ``(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 number 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 requested by a 
                manufacturer under paragraph (3)(A)(ii), ensure that 
                the costs to the Environmental Protection Agency, 
                including contractor costs, of conducting the risk 
                evaluation are paid for by the manufacturer.
          ``(5) Deadlines.--
                  ``(A) Risk evaluations.--The Administrator shall 
                conduct and publish a risk evaluation under this 
                subsection for a chemical substance 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
                                  ``(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 subsection, 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 environment, 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 substance 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 determines 
                that additional information is necessary to make a risk 
                evaluation determination under this subsection, the 
                Administrator may extend the deadline under 
                subparagraph (A) accordingly, except that the deadline 
                may not be extended to a date that is later than--
                          ``(i) 90 days after receipt of such 
                        additional information; or
                          ``(ii) 2 years after the original deadline.
          ``(6) Determinations of no unreasonable risk.--
                  ``(A) Notice and comment.--Not later than 30 days 
                before publishing a final determination under this 
                subsection that a chemical substance does not and will 
                not present an unreasonable risk of injury to health or 
                the environment, the Administrator shall make a 
                preliminary determination to such effect and provide 
                public notice of, and an opportunity for comment 
                regarding, such preliminary determination.
                  ``(B) Potentially exposed subpopulations.--The 
                Administrator shall not make a determination under this 
                subsection that a chemical substance will not present 
                an unreasonable risk of injury to health or the 
                environment if the Administrator determines that the 
                chemical substance, under the intended conditions of 
                use, presents or will present an unreasonable risk of 
                injury to 1 or more potentially exposed subpopulations.
                  ``(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 availability of 
        appropriations, the Administrator shall initiate 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 follows:
          ``(1) Requirements for rule.--In promulgating 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--
                          ``(i) the effects of the chemical substance 
                        or mixture on health and the magnitude of the 
                        exposure of human beings to the chemical 
                        substance or mixture;
                          ``(ii) the effects of the chemical substance 
                        or mixture on the environment and the magnitude 
                        of the exposure of the environment to the 
                        chemical substance or mixture;
                          ``(iii) the benefits of the chemical 
                        substance or mixture for various uses; and
                          ``(iv) the reasonably ascertainable economic 
                        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 subparagraph (A), are cost-
                effective, except where the Administrator determines 
                that additional or different requirements described in 
                subsection (a) 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 substantially prevents a 
                specific use of a chemical substance or mixture and in 
                setting an appropriate transition period for such 
                action, determine whether technically and economically 
                feasible alternatives 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 significantly to the identified risk, 
                including identified risk to identified potentially 
                exposed subpopulations; and
                  ``(E) in selecting among prohibitions and other 
                restrictions to address an identified risk, apply 
                prohibitions or other restrictions to articles on the 
                basis of a chemical substance or mixture 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 paragraph (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 redesignating 
        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.--Paragraphs (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 reasonable transition period.''.
  (e) Non-risk Factors; Critical Use Exemptions; PBT Chemicals.--
Section 6 of the Toxic Substances Control 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 Administrator may grant an 
        exemption from a requirement of a subsection (a) rule for a 
        specific use of a chemical 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 
                        essential use; or
                          ``(ii) the requirement, as applied with 
                        respect to the specific use, would 
                        significantly disrupt the national economy, 
                        national security, or critical infrastructure.
          ``(2) Procedure.--An exemption granted under paragraph (1) 
        shall be--
                  ``(A) supported by clear and convincing evidence;
                  ``(B) preceded by public notice of the proposed 
                exemption and an opportunity for comment; and
                  ``(C) followed by notice of the granted exemption--
                          ``(i) to the public, by the Administrator; 
                        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 period not to exceed 5 
        years, but may be renewed for one or more additional 5-year 
        periods if the Administrator finds that the requirements of 
        paragraph (1) continue to be met.
          ``(4) Conditions.--The Administrator shall impose 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 extent feasible.
  ``(i) Chemicals That Are Persistent, Bioaccumulative, and Toxic.--
          ``(1) Identification.--Not later than 9 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 compound, 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 general 
                population or to a potentially exposed subpopulation 
                identified by the Administrator.
          ``(3) Expedited action.--Notwithstanding subsection (b)(2), 
        subject to the availability of appropriations, not later than 2 
        years after designating a chemical substance under paragraph 
        (2), the Administrator 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 manufacturer 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 coordinate'' and 
        inserting ``(1) The Administrator shall coordinate''; 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 take an action under this 
title with respect to a chemical substance or mixture rather than under 
another law administered in whole or in part by the Administrator, the 
Administrator 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 paragraph (3);
                  (B) by striking the period at the end of paragraph 
                (4) and inserting a semicolon; and
                  (C) by adding after paragraph (4) the following 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 professional 
                employed by a Federal or State agency in response to an 
                environmental release; or
                  ``(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 disclosing'';
          (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 designate the information which such 
                person believes is entitled to protection under this 
                section, and submit such designated information 
                separately 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 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 information, 
                with 1 copy containing and 1 copy excluding the 
                information to which the request applies.
          ``(B) Designations made under subparagraph (A) after the date 
        of enactment of the TSCA Modernization 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 information 
        public under subparagraph (B), the Administrator shall notify, 
        as appropriate and practicable, the manufacturer, processor, or 
        distributor in commerce who designated the information under 
        subparagraph (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 striking ``or 
                        (4)'' and inserting ``(4), or (6)''; and
          (4) by adding at the end the following new subsections:
  ``(f) Prohibition.--No person who receives information as permitted 
under subsection (a) may use such information 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 construed to affect 
the applicability of State or Federal rules of evidence or procedure in 
any judicial proceeding.''.

SEC. 7. EFFECT ON STATE LAW.

  (a) In General.--Section 18(a) of the Toxic Substances 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 determination under 
        section 6(b) that a chemical substance will not present an 
        unreasonable risk of injury to health or the environment under 
        the intended condition of use, no State or political 
        subdivision may, after the date of publication of such 
        determination, establish or continue in effect any requirement 
        that applies 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 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 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 requirement, 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 political 
        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 mixture either 
        under the intended conditions of use considered by the 
        Administrator in the risk evaluation under section 6(b) or from 
        a use identified in a notice received by the Administrator 
        under section 5(a), or, in the case of a requirement imposed 
        pursuant to section 6(i), is designed to protect against a risk 
        of injury considered by the Administrator in 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 assessed 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 violation by the State and the 
        Administrator combined to exceed the maximum amount that may be 
        assessed 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 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 
        manufacturing, 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 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 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 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 
        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 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 provide for 
                any fee in excess of $2,500 or, in the case of a small 
                business concern, any fee in excess of $100.'' and 
                inserting ``Such rules shall provide for lower fees for 
                small business concerns.'';
          (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 Secretary of the Treasury shall transfer 
        from the Fund to the Administrator 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 collected 
        under paragraph (1).
          ``(D) Use of funds by administrator.--Amounts equivalent to 
        fees collected by the Administrator and deposited in the Fund 
        under this section shall be available without fiscal year 
        limitation to the Administrator, subject to the availability of 
        appropriations, 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 Committee on Environment and 
                Public Works of the Senate and the Committee on Energy 
                and Commerce 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 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 component 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 subsection;
                                  ``(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 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 submit to 
                        the Administrator a report that describes the 
                        findings and any recommendations of the 
                        Inspector General resulting from the audit.''; 
                        and
          (3) by adding at the end the following:
  ``(h) Scientific Standards.--In carrying out sections 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 technical 
        procedures, measures, methods, or models employed to generate 
        the information are reasonable for and consistent with the use 
        of the information;
          ``(2) the extent to which the information is relevant for the 
        Administrator's use in making a decision about a chemical 
        substance or mixture;
          ``(3) the degree of clarity and completeness with which the 
        data, assumptions, methods, quality assurance, and analyses 
        employed to generate the information are documented;
          ``(4) the extent to which the variability and uncertainty 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 Administrator shall make 
decisions under sections 4, 5, and 6 based on the weight of the 
scientific evidence.
  ``(j) Availability of Information.--Subject to section 14, the 
Administrator shall make available to the public 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 Modernization Act of 2015, the 
        Administrator shall develop any 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 paragraph (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 necessary 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 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 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 section 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 Administrator shall update and 
        resubmit the report described 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 agreement 
                        to terminate the requirement''; and
                          (iii) by striking ``repeals the application 
                        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 consent 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 pursuant 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 subparagraph 
                        (B), by striking ``the rule'' and inserting 
                        ``the rule or order'';
                  (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 inserting 
        ``rule, order, or consent agreement''; and
          (4) in subsection (g), by striking ``rule'' and inserting 
        ``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 
                        agreement''; and
                          (ii) by striking ``such rule'' and inserting 
                        ``such rule, order, or consent agreement'';
                  (B) in paragraph (1)(B)--
                          (i) by striking ``rule promulgated'' and 
                        inserting ``rule or order''; and
                          (ii) by striking ``the date of the submission 
                        in accordance with such rule'' and inserting 
                        ``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 opportunity, 
                in accordance with paragraphs (2) and (3) of subsection 
                (c), for a hearing on such rule,'' 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 revoke 
                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 Substances 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)''.
  (g) Section 11.--Section 11(b)(2)(E) of the Toxic Substances Control 
Act (15 U.S.C. 2610(b)(2)(E)) is amended by striking ``rule 
promulgated'' and inserting ``rule promulgated, order issued, or 
consent agreement entered into''.
  (h) Section 15.--Section 15(1) of the Toxic Substances Control Act 
(15 U.S.C. 2614(1)) is amended by striking ``(A) any rule'' and all 
that follows through ``or (D)'' and inserting ``any requirement of this 
title or any rule promulgated, order issued, or consent agreement 
entered into under this title, or''.
  (i) Section 18.--Section 18(a)(2)(A) of the Toxic Substances Control 
Act (15 U.S.C. 2617(a)(2)(A)) is amended--
          (1) by striking ``rule promulgated'' and inserting ``rule, 
        order, or consent agreement''; and
          (2) by striking ``such rule'' each place it appears and 
        inserting ``such rule, order, or consent agreement''.
  (j) Section 19.--Section 19 of the Toxic Substances Control Act (15 
U.S.C. 2618) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)(A)--
                          (i) by striking ``(A) Not later than 60 days 
                        after the date of the promulgation of a rule'' 
                        and inserting ``Not later than 60 days after 
                        the date on which a rule is promulgated'';
                          (ii) by inserting ``or the date on which an 
                        order is issued under section 4,'' before ``any 
                        person'';
                          (iii) by striking ``such rule'' and inserting 
                        ``such rule or order''; and
                          (iv) by striking ``such a rule'' and 
                        inserting ``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
                          (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 
                                inserting ``the date on which such rule 
                                is promulgated or such order is 
                                issued'';
          (2) in subsection (b)--
                  (A) by striking ``review a rule'' and inserting 
                ``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 appears 
                and inserting ``new rule or order''; and
                  (E) by striking ``modified rule'' and inserting 
                ``modified rule or order''; and
          (3) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``a rule'' and 
                                inserting ``a rule, or an order under 
                                section 4''; and
                                  (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 
                                        semicolon 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 Substances Control Act 
(15 U.S.C. 2619(a)(1)) is amended by 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--
          (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 Substances 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 Substances Control Act 
(15 U.S.C. 2629(2)) is amended by striking ``rule'' and inserting 
``rule, order, or consent agreement''.

                          Purpose and Summary

    To modernize the Toxic Substances Control Act of 1976, to 
identify and control unreasonable risks of injury to health or 
the environment from the manufacture, processing, distribution 
in commerce, use, and disposal of chemical substances, 
facilitate interstate commerce, and for other purposes.

                  Background and Need for Legislation

    In 1971, the President's Council on Environmental Quality 
proposed comprehensive Federal legislation to identify and 
control potentially dangerous chemicals in U.S. commerce that 
were not adequately regulated under other Federal environmental 
statutes. President Ford signed the Toxic Substances Control 
Act (TSCA) (15 U.S.C. 2601 et seq.) into law on October 11, 
1976.
    Under TSCA, the Environmental Protection Agency (EPA) is 
responsible for identifying, testing, and regulating chemical 
substances in U.S. commerce whose manufacture, processing, 
distribution in commerce, use, and disposal present or will 
present an unreasonable risk of injury to health or the 
environment.
    In the nearly four decades since its enactment and 
particularly during the last decade, there have been persistent 
concerns about the pace of EPA's work under TSCA, the ability 
of the Agency to use its existing authority, and whether the 
statute prevents certain regulatory efforts.
    A variety of factors, including EPA's slow pace in 
regulating chemicals already on the market, has led to several 
new State chemical control statutes--ranging from specific 
chemical restrictions to general chemical control programs--and 
retailer-based systems to identify and promote products that 
were considered safer for consumers. Ultimately, public 
confusion about chemical-specific claims, a perceived lack of 
expeditious action by EPA, and a domestic and foreign 
marketplace that has become increasingly uneven, unpredictable, 
and incompatible with economic and regulatory realities led 
Congress to examine TSCA and how it can operate more 
effectively in the 21st century.
    Oversight by the Committee yielded two conclusions about 
TSCA modernization. First, not every part of TSCA needs to be 
rewritten--and those that do are places where there is 
widespread agreement. Second, not every problem with TSCA is a 
statutory problem. EPA may, if it chooses, use existing 
authority to remedy these concerns.
    In light of these conclusions, the Committee on Energy and 
Commerce focused on giving the Agency more direct tools to 
obtain testing information on chemical substances, 
restructuring the way existing chemicals are evaluated and 
regulated, clarifying the treatment and availability of trade 
secrets submitted to EPA, updating the collection of fees 
needed to support EPA's implementation of TSCA, assuring high 
quality science is used by the Agency, and organizing the 
Federal-State regulatory relationship in a way that makes sense 
for promoting interstate and global commerce, but also 
recognizes non-conflicting efforts taken by several States.

                                Hearings

    The Subcommittee on Environment and the Economy held a 
hearing entitled ``H.R. __, the TSCA Modernization Act'' on 
April 14, 2015. The Subcommittee received testimony from:
     Jim Jones, Assistant Administrator, Office of 
Chemical Safety and Pollution Prevention, U.S. Environmental 
Protection Agency;
     Michael P. Walls, Vice President of Regulatory and 
Technical Affairs, American Chemistry Council;
     Beth Bosley, President, Boron Specialties, LLC, on 
behalf of the Society of Chemical Manufacturers and Affiliates;
     Jennifer Thomas, Senior Director, Federal 
Government Affairs, Alliance of Automobile Manufacturers; and
     Andy Igrejas, Director, Safer Chemicals, Healthy 
Families.

                        Committee Consideration

    On May 14, 2015, the Subcommittee on Environment and the 
Economy met in open markup session and forwarded a Committee 
Print entitled the ``TSCA Modernization Act'' to the full 
Committee, as amended, by a record vote of 21 yeas and 0 nays. 
On June 2 and June 3, 2015, the Committee on Energy and 
Commerce met in open markup session and ordered H.R. 2576, the 
``TSCA Modernization Act,'' reported to the House, as amended, 
by a recorded vote of 47 yeas and 0 nays, and 1 present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Upton to order H.R. 2576 reported to the House, 
with amendment, was agreed to by a record vote of 47 ayes and 0 
nays, and 1 present. The following reflects the record votes 
taken during the Committee consideration:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a hearing and made 
findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    To better permit the Administrator of the Environmental 
Protection Agency to identify and control unreasonable risks of 
injury to health or the environment from the manufacture, 
processing, distribution in commerce, use, and disposal of 
chemical substances, mixture, and articles containing a 
chemical substance; to facilitate interstate commerce; to 
increase access to information about chemicals for necessary 
responses while protecting legitimate trade secrets; to 
increase consumer confidence; and for other purposes.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2576, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that H.R. 2576 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 2015.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2576, the TSCA 
Modernization Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2576--TSCA Modernization Act of 2015

    Summary: H.R. 2576 would modify the Toxic Substances 
Control Act (TSCA), the law that regulates the manufacture, 
importation, and processing of chemicals, with the aim of 
strengthening the Environmental Protection Agency's (EPA's) 
ability to evaluate and regulate potentially hazardous 
chemicals.
    CBO estimates that EPA would incur additional costs to 
conduct safety evaluations of chemical substances over the 
2016-2020 period in order to meet the new requirements imposed 
by H.R. 2576; we estimate that implementing this legislation 
would cost $64 million over the next five years and $143 
million over the 2016-2025 period, assuming appropriation 
actions consistent with the bill.
    Under the legislation, EPA would be authorized to charge 
two types of fees for some of its work under the legislation. 
Those fees would have different budgetary treatments. One fee 
would be classified as a mandatory offsetting receipt and the 
other would be classified as a revenue. Based on information 
provided by the agency, CBO estimates that enacting the 
legislation would increase offsetting receipts, which are 
treated as reductions in direct spending, by $115 million over 
the 2016-2025 period; revenues would increase by $121 million 
over the same period, net of income and payroll tax offsets. 
Pay-as-you-go procedures apply because the bill would affect 
direct spending and revenues.
    H.R. 2576 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), on manufacturers, processors, importers, and users of 
chemical substances. CBO estimates that the aggregate cost of 
those mandates would fall below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($77 million and $154 million in 2015, respectively, 
adjusted annually for inflation).
    Major provisions: The bill's major provisions would:
     Require EPA to develop policies, procedures, 
guidance, and rules to implement the bill;
     Authorize EPA to obtain new information from 
manufacturers and processors necessary to conduct risk 
evaluations on chemical substances;
     Require EPA to initiate at least 10 risk 
evaluations annually on chemical substances the agency 
determines may present an unreasonable risk of injury to human 
health or the environment;
     Require EPA to publish a list of chemicals that 
are considered to be persistent, bioaccumulative and toxic 
(PBTs) and to designate any such PBTs as a ``chemical of 
concern'' for which EPA can take regulatory action;
     Require EPA to review any renewed requests from 
manufacturers and processors to keep certain information 
confidential beginning 10 years after the original designations 
concerning confidentiality are made;
     Address when federal actions under TSCA preempt 
requirements of state and local governments related to 
restricting and banning chemical substances; and
     Require EPA to establish a new schedule for 
charging fees to chemical manufacturers who are required to 
submit data to the agency or who request that EPA assess 
certain chemicals that are not yet prioritized for review by 
EPA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2576 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2016    2017    2018    2019    2020    2021    2022    2023    2024    2025   2016-2020  2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Administrative Expenses under TSCA:
    Estimated Authorization Level.................      15      15      15      15      15      15      16      16      17      17        75         156
    Estimated Outlays.............................       6      13      15      15      15      15      15      16      16      17        64         143
 
                                                               CHANGES IN DIRECT SPENDING
 
PMN Fee Collections:
    Estimated Budget Authority....................       0      -7     -10     -14     -14     -14     -14     -14     -14     -14       -45        -115
    Estimated Outlays.............................       0      -7     -10     -14     -14     -14     -14     -14     -14     -14       -45        -115
 
                                                                   CHANGES IN REVENUES
 
Estimated Revenues................................       2       7       7      15      15      15      15      15      15      15        46         121
 
                                NET INCREASE OR DECREASE (-) IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Net Change in the Deficit.........................      -2     -14     -17     -29     -29     -29     -29     -29     -29     -29       -91       -236
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: TSCA = Toxic Substances Control Act; PMN = Premanufacturing Notice.
For direct spending, a negative number in indicates a decrease in outlays; for revenue, a positive number indicates an increase in revenues.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2576 will be enacted near the end of 2015 and that the 
necessary amounts will be appropriated each year.

Spending subject to appropriation

    CBO estimates that implementing H.R. 2576 would cost $64 
million over the 2016-2020 period, subject to appropriation of 
the necessary amounts. While some of the requirements in H.R. 
2576 are similar to activities currently performed by EPA under 
TSCA, CBO estimates that implementing this legislation would 
increase EPA's administrative workload for regulating chemical 
safety by about 25 percent each year. That estimate is based on 
historical information about how other large regulatory 
programs have been implemented by EPA and on estimates that 
were provided by the agency of the additional workload under 
the bill. According to EPA, the agency currently requires, on 
average, an appropriation of about $58 million annually to 
implement and enforce EPA's Chemical Risk Review and Reduction 
program under TSCA. That funding supports roughly 245 
employees. Subject to appropriation of the necessary amounts, 
CBO estimates that EPA would require about $15 million annually 
over the next five years to cover the costs of additional 
personnel, contractors, and other administrative activities 
associated with meeting the new requirements of H.R. 2576.
    H.R. 2576 also specifies that all additional fees collected 
by EPA under the bill would be available for spending on the 
safety analysis of individual chemicals, subject to 
appropriation of those amounts. (A more detailed discussion of 
the fees is provided below.)

Direct spending and revenues

    Enacting this legislation would affect one existing fee and 
would authorize EPA to collect a new fee. Those fees would be 
recorded differently in the budget, as discussed below. CBO 
estimates that the gross collections would total $108 million 
over the 2016-2020 period, and would be available for spending 
on chemical safety evaluations, subject to appropriation of 
those amounts.
    Premanufacturing Notice (PMN) Fees. Under the legislation 
the statutory cap in TSCA on the amount EPA can charge 
manufacturers and processors for premanufacturing notices would 
be eliminated. (Manufacturers or processors who plan to use a 
new chemical substance for a non-exempt commercial purpose are 
required to provide EPA with notice before initiating the 
activity. EPA then performs a risk assessment on the new 
chemical substance.) PMN fees are currently classified in the 
budget as offsetting receipts (a reduction in direct spending). 
CBO estimates that by eliminating the cap, EPA would begin 
collecting additional fees in 2017 and that such collections 
would total $7 million in that year. By 2019, we estimate that 
as more chemicals are reviewed by EPA, collections would reach 
$14 million annually. In total CBO estimates that direct 
spending would be reduced by $45 million over the next five 
years and by $115 million over the next 10 years.
    Manufacturing/Processor Requested Assessment Fees. In 
addition, under H.R. 2576 EPA could charge fees to 
manufacturers and processors who request that EPA initiate risk 
evaluations for chemicals that have not been designated a 
priority for further assessment. Those new fees would be 
classified as revenues because their payment would be 
compulsory, enforced by the federal government's sovereign 
authority. CBO estimates that EPA would begin collecting 
additional fees in 2016 and that by 2019 such revenue would 
total $20 million annually. We estimate that gross revenues 
would total $63 million over the next five years and $163 
million over the next ten years. Such amounts would be 
available for spending on risk evaluations, subject to future 
appropriation action. However, the amount of revenue 
attributable to this bill would be approximately 25 percent 
less to account for income and payroll tax offsets. Net of 
those offsets, CBO estimates that enacting H.R. 2576 would 
increase revenues by $121 million over the 2016-2025 period.
    Enacting H.R. 2576 also could affect direct spending and 
revenues because this bill would establish new authority for 
EPA to assess civil and criminal penalties against persons who 
receive confidential business information and then improperly 
use or disclose such information. Criminal penalties are 
recorded as revenues, then deposited in the Crime Victims Fund, 
and later spent; civil penalties are recorded as revenues. CBO 
estimates that any increase in criminal or civil penalties 
under the bill would not be significant.
    Pay-as-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that any fee collections over the 2016-
2025 period would result in a decrease in direct spending and 
an increase in revenues as shown in the following table.

         CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2576, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON ENERGY AND COMMERCE ON JUNE 3, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2015    2016    2017    2018    2019    2020    2021    2022    2023    2024    2025   2015-2020  2015-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact............       0      -2     -14     -17     -29     -29     -29     -29     -29     -29     -29       -91       -236
Memorandum:
    Changes in Outlays....................       0       0      -7     -10     -14     -14     -14     -14     -14     -14     -14       -45       -115
    Changes in Revenues...................       0       2       7       7      15      15      15      15      15      15      15        46        121
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 2576 
would impose intergovernmental and private-sector mandates, as 
defined in UMRA, on manufacturers, processors, importers, and 
users of chemical substances. CBO estimates that the aggregate 
cost of those mandates would fall below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($77 million and $154 million in 2015, respectively, 
adjusted annually for inflation).

Mandates that apply to both public and private entities

    H.R. 2576 would modify the standard used to determine 
whether a chemical substance presents an unreasonable risk to 
human health or the environment and would allow EPA to regulate 
the manufacture, processing, distribution, use, and disposal of 
chemical substances to ensure the standard is met. If EPA 
determines that some chemical substances do not meet the 
standard and issues regulations for those substances, the bill 
would imposean intergovernmental and private-sector mandate. 
The bill also would impose an intergovernmental and private-sector 
mandate if EPA uses its authority under the bill to expedite the 
regulation of any chemical substance determined to be persistent, 
bioaccumulative, and toxic. EPA would have the authority to adopt a 
range of regulatory options to address risks from chemical substances. 
For example, EPA could limit the amount manufactured or require 
manufacturers to put warning labels on selected chemicals. EPA also 
could require users of chemicals, such as public and private 
universities conducting research, to handle or dispose of selected 
chemicals in a certain way. Based on information from industry experts, 
CBO expects that the annual cost of any restriction would not be 
substantial. Also, because of the amount of time involved in evaluating 
the risk of each chemical, any restrictions imposed would apply to few 
chemicals in the first five years the mandate is in effect. Therefore, 
CBO estimates that the cost of the mandate would be small for both 
public and private entities during that time.

Mandates that apply to public entities only

    The bill would impose an intergovernmental mandate by 
preempting state regulations that conflict with the federal 
regulation of chemicals, but that preemption would impose no 
duty on states that would result in additional spending or a 
loss of revenues.

Mandates that apply to private entities only

    The bill would impose additional private-sector mandates on 
manufacturers, importers, and processors of chemical 
substances. By removing the cap on fees assessed by EPA when 
manufacturers and importers submit premanufacture notices, the 
bill would increase the cost of an existing mandate to pay 
those fees. CBO estimates that the increase in fees would start 
in 2017 and would reach $14 million annually beginning in 2019. 
The bill also would require manufacturers and processors of 
chemical substances to submit data to EPA for use in carrying 
out risk evaluations. Manufacturers and processors also would 
have to include additional information along with any data to 
substantiate a request that EPA protect their data as 
confidential business information. Based on information from 
industry experts, CBO expects that the cost to submit those 
data would not be substantial.
    Previous CBO estimate: On June 5, 2015, CBO transmitted a 
cost estimate for S. 697, the Frank R. Lautenberg Chemical 
Safety for the 21st Century Act, as ordered reported by the 
Senate Committee on Environment and Public Works on April 28, 
2015. Both S. 697 and H.R. 2576 would increase EPA's 
administrative workload by roughly equivalent amounts to meet 
new requirements under TSCA and both bills would enable EPA to 
charge fees to chemical manufacturers and processors for 
certain activities, though the types of fees charged and the 
amounts collected would vary between the two bills. 
Furthermore, because the classification of fees under the two 
bills differs, collections under the bills would have different 
budgetary implications. Under S. 697 the fees collected would 
be classified as offsetting collections and would more than 
offset the additional discretionary spending estimated under S. 
697. In contrast, the fees collected under H.R. 2576 would 
result in a reduction in direct spending and an increase in 
revenues. The cost estimates for the two bills reflect the 
different budgetary treatment.
    Estimate prepared by: Federal spending: Susanne Mehlman; 
impact on state, local, and tribal governments: Jon Sperl; 
impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Assistant Director for 
Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                    Duplication of Federal Programs

    No provision of H.R. 2576 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 2576 
specifically directs to be completed at least 4 rule makings 
within the meaning of 5 U.S.C. 551.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title; table of contents

    Section 1 provides the short title of ``TSCA Modernization 
Act of 2015.''

Section 2. Definitions

    The legislation amends TSCA section 3 to add two new 
definitions to the law. First, the legislation defines the use 
of the term ``intended conditions of use'' to mean the 
circumstances under which a chemical substance is intended, 
known, or reasonably foreseeable to be manufactured, processed, 
distributed in commerce, used, and disposed. The Committee 
expects that the Agency will generally interpret this to mean 
intended by the manufacturer, known by the manufacturer or the 
public, or reasonably foreseeable by the manufacturer or the 
Administrator.
    The section also defines ``potentially exposed 
subpopulations'' to mean a group or a number of individuals 
within the general population who, due to greater 
susceptibility or greater potential exposure, are likely to be 
at greater risk than the general populations of adverse health 
effects from exposure to the chemical substance. As this term 
does not specify any particular group, the Administrator may 
focus attention on persons whose settings or physical 
attributes predispose them to adverse health consequences based 
upon exposure to the chemical substance. This term may include, 
among others, workers, infants, children, pregnant women, and 
the elderly. It is the Committee's intention that the 
Administrator be clear about who is being identified and the 
basis for such a decision when invoking provisions involving 
subpopulations.

Section 3. Testing of chemical substances and mixtures

    Section 3 amends TSCA section 4 to improve EPA's ability to 
develop hazard and exposure data about chemicals in commerce to 
inform decisions required by the updated law.
    First, in addition to rulemaking authority, this section 
authorizes EPA to enter into a consent agreement or use order 
authority to require the development of health and 
environmental effects data on a chemical substance or mixture.
    Second, this section allows EPA to require testing of a 
chemical substance when necessary to complete a risk evaluation 
of that chemical under section 6(b). The Committee intends 
``necessary'' to mean that this grant of authority only be 
employed to fill a gap in the Agency's existing data on the 
chemical substance that otherwise precludes a determination on 
a chemical substance.
    The increased testing authority in H.R. 2576 reflects the 
Committee consensus that EPA should have the information 
necessary to fill knowledge gaps before making regulatory 
decisions. Curiosity alone is insufficient to compel new 
testing. The Committee believes that the broader and simpler 
manner of requiring new test information by order or consent 
agreement, the new authority given to EPA to compel the 
creation of new data under section 4(a)(1)(C), and the Agency's 
existing authority under section 8 will enable EPA to close 
knowledge gaps.

Section 4. Regulation of hazardous chemical substances and mixtures

    To help the Agency function more effectively in dealing 
with existing chemicals, the Committee reorganized TSCA section 
6 to specify what is expected of the Administrator in making 
discrete decisions.
    Section 4 makes substantive, clarifying, and structural 
changes to TSCA section 6. For example, where existing TSCA 
section 6(a) combines three undertakings--the finding of 
unreasonable risk, the standard for regulation, and the control 
measures available under any regulation, H.R. 2576 splits these 
actions into two separate subsections with distinct functions: 
section 6(a) establishes the standard for issuing regulations 
and the universe of available control measures for existing 
chemical substances and mixtures, and section 6(b) establishes 
a separate risk evaluation process for determining whether a 
chemical substance presents or will present an unreasonable 
risk of injury. If the Administrator makes such a 
determination, then a regulation to address that risk is 
warranted under section 6(a), and the Administrator must 
proceed to section 6(a) rulemaking.
    Section 4(a) repeals the requirements in TSCA section 6(a) 
that a rule restricting a chemical substance or mixture apply 
the least burdensome requirements, be predicated upon the 
Administrator finding a ``reasonable basis to conclude'' an 
unreasonable risk is present or will be present, and ``protect 
adequately'' against the unreasonable risk. Instead, section 
6(a) obliges the Administrator to apply requirements on a 
chemical substance or mixture to the extent necessary so that 
the chemical substance or mixture no longer presents or will 
present an unreasonable risk, including an identified 
unreasonable risk, to a potentially exposed subpopulation.
    The restrictions that the Administrator is authorized to 
impose are not changed by the TSCA Modernization Act. Because a 
chemical substance's intended conditions of use are important 
in defining the risk it presents, the Committee expects that 
the Administrator, in applying any requirements, will address 
identified circumstances of manufacturing, processing, 
distribution in commerce, use, or disposal of a chemical 
substance or mixture that presents or will present an 
unreasonable risk of injury to health or the environment that 
require control.
    Section 4(b) replaces TSCA section (6)(b) (Quality Control) 
with a new section 6(b) to determine whether, based upon a 
scientific risk evaluation of a chemical substance, the 
substance presents or will present, in the absence of new 
requirements under TSCA section 6(a), an unreasonable risk of 
injury to human health or the environment. New section 6(b) 
generally prohibits EPA from restricting a chemical substance 
before making this determination based on the findings of the 
risk evaluation.
    A risk evaluation under section 6(b) is initiated in one of 
two ways. Under subsection (b)(3)(A)(i), the Administrator is 
required to conduct and publish the results of a risk 
evaluation of a chemical substances already in commerce when 
the Administrator determines that it may present an 
unreasonable risk of injury to human health or the environment 
because of a combination of potential hazard from and a 
potential route of exposure to the chemical under its intended 
conditions of use. The standard for making this determination 
is broad and flexible because its application precedes the 
detailed scientific risk evaluation that it triggers.
    Subsection (b)(3)(B) also allows the Administrator, without 
making the determination in (b)(3)(A)(i), to conduct and 
publish the results of a risk evaluation for a chemical listed 
on the TSCA Work Plan for Chemical Assessments as of the date 
of enactment of the TSCA Modernization Act.
    The Committee understands that the TSCA Work Plan 
represents the Agency's current priorities for risk review and 
potential risk management under TSCA. Nothing in this bill is 
intended to require the Agency to change or revise those 
priorities. The Committee expects that many, if not all, of the 
Agency's selections for Agency initiated risk evaluations in 
the first years after enactment will come from the Work Plan 
and that risk evaluations for Work Plan chemicals will be 
completed in the first years.
    Subsection (b)(3)(A)(ii) provides that the Administrator 
must also perform a risk evaluation if a manufacturer requests 
it.
    Section 4(b) establishes new section 6(b)(4) and imposes 
six requirements on the Administrator for conducting a risk 
evaluation. First, the Administrator must integrate and assess 
information on hazards and exposures for all of the intended 
conditions of use of the chemical substance, including 
information relevant to specific risks of injury to health or 
the environment and information on potentially exposed 
subpopulations.
    The Committee expects that the Administrator will consider 
existing Federal or State risk reduction measures (e.g., 
existing State labeling requirements) as part of its exposure 
calculation.
    Second, the Administrator is barred from considering 
information on costs and other factors not related to health or 
the environment when performing section 6(b) risk evaluations. 
Thus, EPA's determination whether the chemical presents an 
unreasonable risk of injury and requires regulation should be 
strictly risk-based.
    Third, the Administrator must take into account, where 
relevant, the likely duration, intensity frequency, and number 
of exposures under the intended conditions of use of the 
chemical substance.
    Fourth, the Administrator must describe the weight of the 
scientific evidence for identified exposure and hazard.
    Fifth, the Administrator must 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. The Committee does not intend to suggest 
when such doses can be expected to occur.
    And sixth, when a risk evaluation is requested by a 
manufacturer pursuant to paragraph 3(A)(ii), the Administrator 
is required to ensure that the costs to the Environmental 
Protection Agency of conducting the risk evaluation are paid by 
the manufacturer, including contractor costs.
    New section 6(b)(5) imposes deadlines on the Administrator 
when conducting risk evaluations under section 6(b) and 
promulgating rules pursuant to subsection (a). Under new 
paragraph (5)(A), the Administrator must conduct and publish 
the results of a risk evaluation as soon as reasonably 
possible, subject to the availability of resources, but no 
later than three years after making a determination under 
paragraph (3)(A)(i), beginning the risk evaluation under 
paragraph (3)(B), or after a manufacturer requests a risk 
evaluation under (3)(a)(ii). New paragraph (5)(C) provides that 
if the Administrator determines that additional information is 
needed to complete a risk evaluation, the Administrator may 
extend the deadline to no later than ninety days after receipt 
of such additional information, or two years after the original 
deadline.
    New paragraph (5)(B) provides deadlines for rules issued 
under section 6(a). If, based on a risk evaluation conducted 
under section 6(b), the Administrator determines that in the 
absence of a new rule a chemical presents or will present an 
unreasonable risk of injury to health or the environment, the 
Administrator must propose a rule under subsection (a) for the 
chemical substance within ninety days of publishing the risk 
evaluation regarding such chemical substance. Additionally, new 
paragraph (5)(B) requires the Administrator to publish a final 
rule in the Federal Register no later than 180 days after 
publishing the risk evaluation regarding such chemical 
substance.
    New paragraph 6 of TSCA section 6(b) requires the 
Administrator, no later than thirty days before publishing a 
final determination that a chemical substance does not and will 
not present an unreasonable risk of injury to health or the 
environment, to make a preliminary determination to such effect 
and to provide public notice of and an opportunity for comment 
regarding such preliminary determination.
    New section 6(b)(6)(B) prevents the Administrator from 
making a determination that a chemical substance will not 
present an unreasonable risk of injury to health or the 
environment if, under the intended conditions of use, the 
chemical substance presents or will present an unreasonable 
risk of injury to one or more potentially exposed 
subpopulations. A final determination under subsection (b) that 
a chemical substance will not present an unreasonable risk of 
injury to health or the environment is designated a final 
agency action.
    Finally, new section 6(b)(7) of section 4 of H.R. 2576 
requires the Administrator, beginning in the fiscal year of the 
date of enactment, to initiate at least ten risk evaluations 
under paragraphs (3)(A)(i) or (3)(B), subject to the 
availability of appropriations.
    Section 4(c) makes changes to TSCA section 6(c), which 
contains requirements for promulgating a section 6(a) rule. The 
existing section 6(c)(1) requirements for the Administrator to 
consider and publish a statement about the impacts of the 
chemical substance or mixture are largely retained in new 
section 6(c)(1)(A), with the consideration of substitutes moved 
to section 6(c)(1)(C) and the requirements for addressing 
chemical risks under other statutes administered by the Agency 
now in section 9(b). Under new TSCA subsection (c)(1)(B), the 
Administrator must impose requirements under the rule that, 
consistent with information published under subparagraph (A), 
are cost-effective, unless the Administrator determines that 
additional or different requirements described in subsection 
(a) are necessary to protect against the identified risk.
    The Committee chose this process to ensure that the 
universe of data from which the Administrator would be making a 
cost-effectiveness decision would be limited to only that 
information provided and considered as part of the rulemaking 
record. The Committee does not expect EPA to analyze the cost-
effectiveness of an open-ended group of possible requirements, 
but to focus on those that meet the subsection (a) purpose of 
controlling an unreasonable risk of injury. The Administrator 
need not test each control measure in a rulemaking for its 
cost-effectiveness. While the Committee's preference is that 
selected requirements be cost-effective, if no restriction is 
available that the Administrator determines cost-effective in 
managing the risk, the identified unreasonable risk must still 
be addressed.
    New subsection (c)(1)(C) requires the Administrator, in 
deciding whether to prohibit or substantially restrict a 
specific use of a chemical substance or mixture and in setting 
an appropriate transition period for such action, to determine 
whether a technically and economically feasible alternative to 
a chemical that benefits health or the environment, compared to 
the use proposed to be prohibited or restricted, will be 
reasonably available as a substitute when the proposed 
prohibition or restriction takes effect.
    New subsection (c)(1)(D) exempts replacement parts if they 
are designed prior to publication of the section 6(a) risk 
management rule in the Federal Register, unless the 
Administrator finds that they contribute significantly to the 
identified risk, including identified risks to identified 
potentially exposed subpopulations. Subsection (c)(1)(E) 
instructs the Administrator, when applying prohibitions or 
other restrictions to address an unreasonable risk of injury, 
to apply such prohibitions or restrictions to an article, on 
the basis of a chemical substance or mixture contained in that 
article, only to the extent necessary to protect against the 
unreasonable risk of injury from that article.
    Section 4(c) repeals the requirement for informal hearings, 
including cross examination of witnesses, found in TSCA section 
6(c)(3) and repeals the availability of compensation of 
attorney's fees, expert witness fees, and other costs of 
participating in a proceeding for the promulgation of a 
subsection (a) rule found in TSCA paragraph 6(c)(4).
    Further, Section 4(d) adds a requirement at the end of 
section 6(d)(2)(B) providing for a reasonable transition period 
for any rule promulgated under section 6(a).
    Section 4(e) of the TSCA Modernization Act adds three new 
subsections to the end of TSCA section 6 to address three 
distinct areas.
    First, under section 4(e), new section 6(g) bars the 
Administrator from considering costs and other non-health 
factors when deciding whether to initiate a rulemaking under 
subsection (a). The intention of the Committee is to ensure 
that the decision whether a regulation under 6(a) is required 
be limited to whether a chemical substance presents or will 
present an unreasonable risk as determined in section 6(b). The 
Committee intends that decisions applying the standard of 
regulation in section 6(a) and selecting any control measures 
to achieve that standard are made in the context of the 
economic, practical, and other considerations set out in 
section 6(c)(1).
    Second, section 4(e) adds a new TSCA section 6(h) for cases 
in which the Administrator might find that any requirements to 
prevent a chemical substance or mixture from presenting an 
unreasonable risk are not cost-effective, but that a specific 
use of the chemical substance is critical or essential to 
prevent disruption to the national economy, national security, 
or critical infrastructure.
    Section 6(h) allows the Administrator to grant a renewable 
exemption from such a requirement for a specific use for up to 
five years. To obtain an exemption, the Administrator must 
determine, pursuant to section 6(c)(1)(B), that the requirement 
is not cost-effective with respect to a specific use and must 
find that either the specific use is critical or essential, or 
the requirement as applied with respect to the specific use 
would significantly disrupt the national economy, national 
security, or critical infrastructure. An exemption must be 
preceded by a notice and comment period and supported by clear 
and convincing evidence. If the exemption is granted, EPA must 
then provide notice of the exemption, and the manufacturer or 
processor must notify known commercial purchasers. The 
Administrator is required to impose conditions on any use for 
which an exemption is granted in order to reduce risk from the 
chemical substance or mixture to the greatest extent feasible.
    Finally, section 4(e) adds a new TSCA section 6(i) 
regarding Persistent, Bioaccumulative, and Toxic Chemicals 
(PBTs). First, new section 6(i) instructs the Administrator to 
publish a list, not later than nine months after the date of 
enactment, of chemicals the Administrator has a reasonable 
basis to conclude are persistent, bioaccumulative, and toxic. 
Subsection (i) excludes the placement on this list of metals, 
metal compounds, or chemical substances already regulated under 
TSCA section 6(e). The Committee hopes the Administrator will 
rely on its TSCA Work Plan Chemicals Methods Document published 
in February 2012 in identifying PBT candidate substances for 
listing. Upon its publication, either the Administrator or a 
chemical substance's manufacturer has ninety days to decide 
whether to initiate a risk evaluation under TSCA section 6(b) 
rather than further evaluation under section 6(i).
    Second, no later than two years after the date of 
enactment, the Administrator is to designate as a PBT chemical 
of concern any chemical substance on the list: (1) that scores 
``high'' for persistence or bioaccumulation and ``high'' or 
``moderate'' in regard to the other, using the TSCA Work Plan 
Chemicals Methods Document published by the Administrator in 
February 2012, and (2) where exposure is likely to the general 
population or a potentially exposed subpopulation identified by 
the Administrator. Last, the Administrator, subject to 
availability of appropriations, within two years of designating 
a chemical substance a PBT chemical of concern, must promulgate 
a rule under section 6(a), and in keeping with the rest of the 
factors in sections 6 and 9, to reduce, to the extent 
practicable, likely exposure to that PBT chemical.
    These reforms to section 6 are intended to permit the 
Agency to identify unreasonable risks and address them 
effectively. To many members of the Committee, an important 
measure of TSCA reform proposals has been whether the proposal 
would enable EPA to take broader regulatory action to protect 
against unreasonable risks from asbestos. The Committee expects 
this legislation to enable that regulatory action.
    Finally, while the phrase ``unreasonable risk of injury'' 
is not amended, it must be read in the context of the changes 
to section 6, including the functions and purposes delineated 
in subsections (a), (b), and (c).

Section 5. Relationship to other Federal laws

    H.R. 2576 reinforces TSCA's original purpose of filling 
gaps in Federal law that otherwise did not protect against the 
unreasonable risks presented by chemicals. The Joint 
Explanatory Statement of the Committee of Conference for the 
legislation, which is now Title I of TSCA, clearly states that 
``[t]he conferees have drawn from both the Senate bill and the 
House amendment to assure that overlapping or duplicative 
regulation is avoided'' and:

          If the Administrator determines that a risk to health 
        or the environment associated with a substance or 
        mixture could be eliminated or reduced to a sufficient 
        extent by actions taken under authorities contained in 
        other Federal laws, then the Administrator shall use 
        such other authorities, unless the Administrator 
        determines . . . it is in the public interest to use 
        this Act.

    This section adds a new paragraph to TSCA section 9(b) to 
help the Administrator decide whether using TSCA Title I or 
another Federal authority provided to the Administrator is ``in 
the public interest.'' Specifically, the new paragraph requires 
the Administrator to consider the relevant aspects of the risks 
posed by the chemical substance and compare the estimated costs 
of actions taken under Title I of TSCA or another Federal law 
with the relative efficiencies of protecting against the risk 
presented through actions taken under such laws. This new 
paragraph reflects language in section 6 current law that is 
removed by section 4 of the bill.
    The Committee believes the added language will help to 
focus the Administrator's exercise of discretion regarding 
which statute to apply and to encourage decisions that avoid 
confusion, complication, and duplication. For example, if the 
Administrator determines that a risk to health or the 
environment associated with disposal of a chemical substance 
could be eliminated or reduced to a sufficient extent under the 
Solid Waste Disposal Act, the Administrator should use those 
authorities to protect against the risk. Likewise, while 
section 5 makes no amendment to TSCA section 9(a), the 
Committee believes that the Administrator should respect the 
experience of, and defer to other agencies that have relevant 
responsibility such as the Department of Labor in cases 
involving occupational safety. Specifically, the Committee does 
not intend for the implementation of TSCA to conflict with or 
disregard Occupational Safety and Health Administration's 
hierarchy of controls.

Section 6. Disclosure of data

    Section 6 makes a number of changes to the way TSCA section 
14 operates.
    First, it authorizes three new classes of persons to 
receive information submitted to EPA and protected as 
confidential business information (CBI). These are State and 
local governments and tribal officials who request it for the 
purpose of administering or enforcing a law; Federal or State 
environmental professionals when responding to a release of a 
contaminant to the environment; and a treating physician or 
other health care professional for the purpose of diagnosing 
and treating an ailing person.
    Second, the legislation requires persons receiving 
protected CBI to use the information only for the purpose for 
which it was obtained. Additionally, the legislation prohibits 
the disclosure of CBI to any person not authorized to receive 
it. Section 9 of the legislation, Conforming Amendments, makes 
a violation of these two requirements punishable through civil 
or criminal penalties or both. These sanctions are similar to 
penalties for unauthorized disclosure by Federal employees and 
Federal information protection laws that apply to the private 
sector, including the Health Insurance Portability and 
Accountability Act (42 USC 1320d-5).
    Third, H.R. 2576 requires any manufacturer, processor, or 
distributor in commerce when submitting information to the 
Administrator to designate the information it believes 
qualifies for protection under the law. This designation, which 
applies only to information submitted to the Administrator 
after the date of enactment, must be made in writing and 
include: (1) a justification for each designation of 
confidentiality; (2) a certification that the information is 
not otherwise publically available; and (3) copies of all 
submitted information, one with the claimed CBI redacted and 
one with no redactions. In addition, information protected from 
public disclosure pursuant to these new requirements is 
required to be made public ten years after its initial grant of 
protection unless the requester submits a written renewal 
request that contains the necessary elements of the initial CBI 
protection request submission.
    H.R. 2576 does not extend these same requirements to 
information protected under TSCA section 14 as in effect before 
the date of enactment of this legislation. Notwithstanding the 
Committee's concern that a retrospective requirement could have 
been burdensome for both the Agency and for small businesses as 
both try to implement all the new requirements of this 
legislation, the Committee supports ensuring that only 
legitimate CBI is protected.
    The Committee is aware that EPA has undertaken a 
significant effort in recent years to review past CBI claims 
using authority under current law. Nothing in this bill is 
intended to restrict that authority under current law or 
prevent the Agency from continuing to review past CBI claims. 
Similarly, nothing in this bill is intended to restrict the 
Agency's ability to challenge, deny, or modify designations of 
information as CBI under this section.
    Fourth, the legislation requires EPA, sixty days before 
publicly releasing any information protected by TSCA section 14 
or the amendments made by this legislation, to notify the 
respective manufacturer, processor, or distributor in commerce 
of the date on which the information will be made public unless 
EPA prior to that date receives a valid request for protection. 
The Committee understands that in some cases it may be 
difficult for EPA to find the appropriate person with rightful 
claim to the CBI. The Committee inserted the requirement that 
EPA efforts be ``appropriate and practicable'' to ensure that 
the Agency makes a good faith effort to contact the proper 
party, but not engage in an endless search.
    Fifth, the legislation clarifies that while health and 
safety studies about a specific chemical substance or mixture 
are not eligible for protection as CBI, those studies cannot 
reveal data that would disclose formulas, including molecular 
structures, for chemical substances and mixtures whose 
protection as confidential has been justified to EPA. The 
Committee expects that redactions or the use of approved 
generic names or unique identifiers will be employed to 
meaningfully inform the public without comprising trade 
secrets.
    Last, this section creates a savings clause in a new TSCA 
section 14(g) that states that nothing in TSCA section 14 shall 
be construed to affect the applicability of State or Federal 
rules of evidence or procedure in any judicial proceeding.

Section 7. Effect on State law

    As amended by section 7, section 18 describes three 
instances in which an action by the Administrator would preempt 
State law.
    As in current law, section 18(a)(2)(A), continues to 
provide that if the Administrator requires testing of a 
chemical substance or mixture under TSCA section 4, no State or 
political subdivision may, after the effective date of the 
Administrator's testing requirement, establish or continue in 
effect a requirement for testing of such substance or mixture 
for similar purposes.
    Section 18(a)(2)(B) is a new paragraph to reflect changes 
in how TSCA operates under new section 6(b). It provides that 
if the Administrator makes a final determination under section 
6(b) that a chemical substance will not present an unreasonable 
risk of injury to health or the environment under the intended 
conditions of use, no State or political subdivision of a State 
may, after the date the determination is published, establish 
or continue in effect any requirement that applies to such 
chemical substance under the conditions of use and is designed 
to protect against exposure to such chemical substance under 
the intended conditions of use considered by the Administrator 
in the chemical's risk evaluation under section 6(b).
    However, if a requirement of a State or political 
subdivision of a State is adopted under the authority of a 
Federal law or is adopted pursuant to a State or local 
requirement that protects air or water quality or is related to 
waste treatment or waste disposal, Federal preemption does not 
apply unless the requirement of a State or political 
subdivision of a State actually conflicts with a provision of 
Title I of TSCA or an action or determination made by the 
Administrator under TSCA Title I.
    Section 18(a)(2)(C) replaces TSCA section 18(a)(2)(B), 
which provides that if the Administrator applies a requirement 
under section 5 or 6 to a chemical substance or mixture 
designed to protect against a risk of injury to health or the 
environment associated with such chemical substance or mixture, 
no State or political subdivision of a State 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 substance or 
mixture either under the intended conditions of use considered 
by the Administrator in the risk evaluation under section 6(b) 
or from a use identified in a notice received by the 
Administrator under section 5(a) or, in the case of a 
requirement imposed pursuant to section 6(i), is designed to 
protect against a risk of injury considered by the 
Administrator in imposing such a requirement, unless the State 
or political subdivision requirement is identical to the 
requirement imposed by the Administrator, is adopted under 
authority of a Federal law, or is adopted to protect air or 
water quality or is related to waste treatment or waste 
disposal. These exceptions do not apply if a provision of Title 
I of TSCA or an action or determination by the Administrator 
under Title I of TSCA actually conflicts with the requirement. 
Because State monitoring, information reporting, and disclosure 
requirements often are intended to detect leaks or other 
problems, inform regulatory agencies, or serve communities' 
right to know, but not to protect against exposure to a 
chemical substance, the Committee expects that these type of 
requirements generally would fall outside the scope of 
preemption.
    In the case of an identical State requirement, section 7 
adds a new TSCA section 18(a)(2)(i), which precludes a State 
from assessing a penalty for a specific violation for which the 
Administrator has assessed a penalty under TSCA section 16, 
Penalties. 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 
Federal and State penalties to exceed the maximum amount that 
may be assessed for that violation under TSCA section 16.
    Section 7 does not amend subsection 18(b) of TSCA, but adds 
a new subsection 18(c) to preserve certain State actions. 
First, nothing in Title I is to be construed to preempt 
enforcement of any action taken before August 1, 2015, under a 
requirement of a State or political subdivision of a State that 
prohibits or otherwise restricts the manufacture, processing, 
distribution in commerce, use or disposal of a chemical 
substance or any action taken pursuant to any State law in 
effect on August 31, 2003, unless an action or determination of 
the Administrator under TSCA title I actually conflicts with 
the State action.
    New section 18(c)(2) also preserves Federal and State tort 
law and State law governing interpretation of contracts.
    New section 18(c)(3) expresses Congressional intent that 
Title I of TSCA not be interpreted as influencing civil actions 
for damages in State court, or the admissibility of evidence 
under State law unless a provision of TSCA Title I actually 
conflicts with the State court action.
    New section (c)(4) clarifies that the term ``requirements'' 
when used in TSCA Title I does not include civil tort actions 
for damages under State law.
    Finally, section 7(c) states that nothing in TSCA, or the 
amendments made to it by the TSCA Modernization Act, shall be 
construed as changing the preemptive effect of actions taken by 
the Administrator under TSCA before the date of enactment of 
the TSCA Modernization Act or under TSCA section 6(e). This 
simply means that an action taken by the Administrator under 
TSCA before enactment of the TSCA Modernization Act, and any 
action taken under section 6(e) after enactment will have the 
same preemptive effect that it would have had if the TSCA 
Modernization Act were not enacted.
    The Committee has heard concerns that courts may read in 
conflicts between Federal rules and State laws where none 
exist. The phrase ``actually conflicts'' is not included to 
invoke a particular precedent. The Committee does not expect 
conflicts to be found broadly or frequently.

Section 8. Administration of the Act

    This section adds or makes changes to three parts of TSCA 
section 26.
    First, the legislation changes the fee provisions in TSCA 
section 26(b). Specifically, it replaces the cap on fees for 
data submission under sections 4 (for new test data) and 5 
(data about a new chemical or new use of a chemical)--currently 
set at $2,500 or $100 for small businesses--with a requirement 
that fees be ``sufficient and not more than reasonably 
necessary.'' The legislation also mandates that fees for small 
businesses be lower. The Committee expects that EPA will 
publish for notice and comment any regulations, policies, and 
procedures for setting, adjusting, and charging fees. The 
Committee is sympathetic to claims that EPA needs an updated 
fee structure reflective of today's marketplace in order to 
operate a modernized TSCA. The Committee expects EPA to act 
prudently with this new authority. The Committee believes this 
new authority strikes the right balance for matching resources 
to needs.
    This section creates a ``TSCA Service Fee Fund,'' to be 
operated by the U.S. Treasury, where those user fees collected 
for sections 4 and 5 and for risk evaluations requested by the 
manufacturer of a chemical substance under section 6(b) would 
be deposited. Funds deposited are made available to EPA only 
for use in administering the provisions of law for which they 
were collected. The legislation requires biannual EPA reports 
to Congress on fee income and disbursements, as well as annual 
TSCA Service Fee Fund audits by the EPA Inspector General to 
examine fee reasonableness, Fund management, and the Fund's 
financial stability.
    Second, the legislation requires EPA, when making science-
based decisions in sections 4, 5, and 6, to consider the 
quality of the science it is using. The Committee believes that 
high quality science is the foundation of good public policy.
    The criteria in new TSCA section 26(h) are drawn from EPA's 
June 2003 ``A summary of General Assessment Factors for 
Evaluating the Quality of Scientific and Technical 
Information.'' The Committee believes this is a good baseline 
for the Agency to use in making scientific evaluations for the 
provisions of TSCA Title I. These factors relate to the 
soundness of the means used to generate information, its 
appropriateness for its intended use, the relevance of the 
information to the question being asked, the degree of the 
data's clarity and completeness, the extent of variability and 
uncertainty in the underlying data, methods, or analysis of the 
data, and the use of independent verification, reliable study 
methods, and peer review.
    In addition to these information quality guidelines, the 
legislation creates a new TSCA section 26(i), which requires 
the Administrator to make decisions based upon the weight of 
the scientific evidence. The term ``weight of evidence'' refers 
to a systematic review method that uses a pre-established 
protocol to comprehensively, objectively, transparently, and 
consistently, identify and evaluate each stream of evidence, 
including strengths, limitations, and relevance of each study 
and to integrate evidence as necessary and appropriate based 
upon strengths, limitations, and relevance. This requirement is 
not intended to prevent the Agency from considering academic 
studies, or any other category of study. The Committee expects 
that when EPA makes a weight of the evidence decision it will 
fully describe its use and methods.
    Third, this section requires the Administrator, not later 
than two years after the date of enactment of this legislation, 
to develop any policies, procedures, and guidance that are 
necessary to implement the new provisions added to TSCA by this 
legislation. The language also mandates that EPA review the 
adequacy of these policies, procedures, and guidance, including 
as it relates to using animal testing and non-animal 
alternatives for assessing and determining risk every five 
years. After completing this review, EPA must make changes to 
the policies and guidance if necessary to reflect new 
scientific developments or understandings. The Committee does 
not intend for this language to require updates to these 
documents every five years, but expects the Agency to update 
them as needed to reflect generally accepted scientific and 
risk assessment practices.
    Last, this section requires the Administrator to report to 
Congress on the Agency's capacity to conduct and publish risk 
evaluations under section 6 and to issue related or required 
rulemakings (as well as the resources needed to carry out 
section 6), and what needs to be done to ensure future capacity 
exists to meet future section 6 demands.

Section 9. Conforming amendments

    This section makes technical and conforming amendments to 
Title I of TSCA to effectuate the two changes made in the other 
parts of this legislation. The first conforming amendment 
relates to the addition of authority for EPA to order testing 
under TSCA section 4 using orders or consent agreements. The 
other conforming amendment strikes the references to parts of 
existing TSCA section 6 that no longer apply.
    The legislation made a single conforming change to TSCA 
section 8. When H.R. 2576 was ordered reported, the Committee 
was aware of five specific issues about which regulated 
stakeholders recommended legislative language in H.R. 2576 to 
improve the implementation of some portions of TSCA section 8. 
These issues are: (1) resetting the TSCA section 8(b) 
inventory, (2) updating the standards for determining what 
constitutes a small manufacturer or processor for purposes of 
section 8(a) reporting, (3) limiting section 8(a) reporting 
requirements for byproducts if EPA already has that information 
and if the reporting discourages recycling, (4) requiring that 
EPA under section 8(b) consider chemical substances with 
multiple nomenclature conventions as a single inventory listing 
for both existing and new chemical substances, and (5) getting 
quicker and clearer responses from EPA on petitions for partial 
exemption from TSCA section 8(a) reporting due to a designation 
as a ``low current interest'' under 40 C.F.R. 711.6(b)(2)(iv). 
The exclusion of these items from H.R. 2576 should not be 
interpreted as a lack of interest by the Committee in the 
issues. Rather, the omission from H.R. 2576 is predicated on 
the understanding of the Committee that these are matters that 
EPA already has administrative authority under TSCA to address, 
and new or amended legal authority may not be required to 
accomplish these improvements under section 8. If the 
Administrator fails to promptly and adequately address these 
concerns, the Committee will work with other Members of 
Congress and with the Administration to consider legislative 
remedies.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TOXIC SUBSTANCES CONTROL ACT


TITLE I--CONTROL OF TOXIC SUBSTANCES

           *       *       *       *       *       *       *



SEC. 3. DEFINITIONS.

   As used in this Act:
  (1) The term ``Administrator'' means the Administrator of the 
Environmental Protection Agency.
  (2)(A) Except as provided in subparagraph (B), the term 
``chemical substance'' means any organic or inorganic substance 
of a particular molecular identity, including--
          (i) any combination of such substances occurring in 
        whole or in part as a result of a chemical reaction or 
        occurring in nature, and
          (ii) any element or uncombined radical.
  (B) Such term does not include--
          (i) any mixture,
          (ii) any pesticide (as defined in the Federal 
        Insecticide, Fungicide, and Rodenticide Act) when 
        manufactured, processed, or distributed in commerce for 
        use as a pesticide,
          (iii) tobacco or any tobacco product,
          (iv) any source material, special nuclear material, 
        or byproduct material (as such terms are defined in the 
        Atomic Energy Act of 1954 and regulations issued under 
        such Act),
          (v) any article the sale of which is subject to the 
        tax imposed by section 4181 of the Internal Revenue 
        Code of 1954 (determined without regard to any 
        exemptions from such tax provided by section 4182 or 
        4221 or any other provision of such Code), and
          (vi) any food, food additive, drug, cosmetic, or 
        device (as such terms are defined in section 201 of the 
        Federal Food, Drug, and Cosmetic Act) when 
        manufactured, processed, or distributed in commerce for 
        use as a food, food additive, drug, cosmetic, or 
        device.
The term ``food'' as used in clause (vi) of this subparagraph 
includes poultry and poultry products (as defined in sections 
4(e) and 4(f) of the Poultry Products Inspection Act), meat and 
meat food products (as defined in section 1(j) of the Federal 
Meat Inspection Act), and eggs and egg products (as defined in 
section 4 of the Egg Products Inspection Act).
  (3) The term ``commerce'' means trade, traffic, 
transportation, or other commerce (A) between a place in a 
State and any place outside of such State, or (B) which affects 
trade, traffic, transportation, or commerce described in clause 
(A).
  (4) The terms ``distribute in commerce'' and ``distribution 
in commerce'' when used to describe an action taken with 
respect to a chemical substance or mixture or article 
containing a substance or mixture mean to sell, or the sale of, 
the substance, mixture, or article in commerce; to introduce or 
deliver for introduction into commerce, or the introduction or 
delivery for introduction into commerce of, the substance, 
mixture, or article; or to hold, or the holding of, the 
substance, mixture, or article after its introduction into 
commerce.
  (5) The term ``environment'' includes water, air, and land 
and the interrelationship which exists among and between water, 
air, and land and all living things.
  (6) The term ``health and safety study'' means any study of 
any effect of a chemical substance or mixture on health or the 
environment or on both, including underlying data and 
epidemiological studies, studies of occupational exposure to a 
chemical substance or mixture, toxicological, clinical, and 
ecological studies of a chemical substance or mixture, and any 
test performed pursuant to this Act.
  (7) The term ``intended conditions of use'' means the 
circumstances under which a chemical substance is intended, 
known, or reasonably foreseeable to be manufactured, processed, 
distributed in commerce, used, and disposed of.
  [(7)] (8) The term ``manufacture'' means to import into the 
customs territory of the United States (as defined in general 
note 2 of the Harmonized Tariff Schedules of the United 
States), produce, or manufacture.
  [(8)] (9) The term ``mixture'' means any combination of two 
or more chemical substances if the combination does not occur 
in nature and is not, in whole or in part, the result of a 
chemical reaction; except that such term does include any 
combination which occurs, in whole or in part, as a result of a 
chemical reaction if none of the chemical substances comprising 
the combination is a new chemical substance and if the 
combination could have been manufactured for commercial 
purposes without a chemical reaction at the time the chemical 
substances comprising the combination were combined.
  [(9)] (10) The term ``new chemical substance'' means any 
chemical substance which is not included in the chemical 
substance list compiled and published under section 8(b).
  (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.
  [(10)] (12) The term ``process'' means the preparation of a 
chemical substance or mixture, after its manufacture, for 
distribution in commerce--
          (A) in the same form or physical state as, or in a 
        different form or physical state from, that in which it 
        was received by the person so preparing such substance 
        or mixture, or
          (B) as part of an article containing the chemical 
        substance or mixture.
  [(11)] (13) The term ``processor'' means any person who 
processes a chemical substance or mixture.
  [(12)] (14) The term ``standards for the development of test 
data'' means a prescription of--
          (A) the--
                  (i) health and environmental effects, and
                  (ii) information relating to toxicity, 
                persistence, and other characteristics which 
                affect health and the environment,
        for which test data for a chemical substance or mixture 
        are to be developed and any analysis that is to be 
        performed on such data, and
          (B) to the extent necessary to assure that data 
        respecting such effects and characteristics are 
        reliable and adequate--
                  (i) the manner in which such data are to be 
                developed,
                  (ii) the specification of any test protocol 
                or methodology to be employed in the 
                development of such data, and
                  (iii) such other requirements as are 
                necessary to provide such assurance.
  [(13)] (15) The term ``State'' means any State of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, 
the Northern Mariana Islands, or any other territory or 
possession of the United States.
  [(14)] (16) The term ``United States'', when used in the 
geographic sense, means all of the States.

SEC. 4. TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.

  (a) Testing Requirements.--If the Administrator finds that--
          (1)(A)(i) the manufacture, distribution in commerce, 
        processing, use, or disposal of a chemical substance or 
        mixture, or that any combination of such activities, 
        may present an unreasonable risk of injury to health or 
        the environment,
          (ii) there are insufficient data and experience upon 
        which the effects of such manufacture, distribution in 
        commerce, processing, use, or disposal of such 
        substance or mixture or of any combination of such 
        activities on health or the environment can reasonably 
        be determined or predicted, and
          (iii) testing of such substance or mixture with 
        respect to such effects is necessary to develop such 
        data[; or];
          (B)(i) a chemical substance or mixture is or will be 
        produced in substantial quantities, and (I) it enters 
        or may reasonably be anticipated to enter the 
        environment in substantial quantities or (II) there is 
        or may be significant or substantial human exposure to 
        such substance or mixture,
          (ii) there are insufficient data and experience upon 
        which the effects of the manufacture, distribution in 
        commerce, processing, use, or disposal of such 
        substance or mixture or of any combination of such 
        activities on health or the environment can reasonably 
        be determined or predicted, and
          (iii) testing of such substance or mixture with 
        respect to such effects is necessary to develop such 
        data[; and]; or
          (C) testing of a chemical substance is necessary to 
        conduct a risk evaluation under section 6(b); and
          (2) in the case of a mixture, the effects which the 
        mixture's manufacture, distribution in commerce, 
        processing, use, or disposal or any combination of such 
        activities may have on health or the environment may 
        not be reasonably and more efficiently determined or 
        predicted by testing the chemical substances which 
        comprise the mixture;
the Administrator shall by rule, order, or consent agreement 
require that testing be conducted on such substance or mixture 
to develop data with respect to the health and environmental 
effects for which there is an insufficiency of data and 
experience and which are relevant to a determination that the 
manufacture, distribution in commerce, processing, use, or 
disposal of such substance or mixture, or that any combination 
of such activities, does or does not present an unreasonable 
risk of injury to health or the environment.
  (b)(1) Testing Requirement Rule.--A [rule] rule, order, or 
consent agreement under subsection (a) shall include--
          (A) identification of the chemical substance or 
        mixture for which testing is required under the [rule] 
        rule, order, or consent agreement,
          (B) standards for the development of test data for 
        such substance or mixture, and
          (C) with respect to chemical substances which are not 
        new chemical substances and to mixtures, a 
        specification of the period (which period may not be of 
        unreasonable duration) within which the persons 
        required to conduct the testing shall submit to the 
        Administrator data developed in accordance with the 
        standards referred to in subparagraph (B).
In determining the standards and period to be included, 
pursuant to subparagraphs (B) and (C), in a [rule] rule, order, 
or consent agreement under subsection (a), the Administrator's 
considerations shall include the relative costs of the various 
test protocols and methodologies which may be required under 
the [rule] rule, order, or consent agreement and the reasonably 
foreseeable availability of the facilities and personnel needed 
to perform the testing required under the [rule] rule, order, 
or consent agreement. Any such [rule] rule, order, or consent 
agreement may require the submission to the Administrator of 
preliminary data during the period prescribed under 
subparagraph (C).
  (2)(A) The health and environmental effects for which 
standards for the development of test data may be prescribed 
include carcinogenesis, mutagenesis, teratogenesis, behavioral 
disorders, cumulative or synergistic effects, and any other 
effect which may present an unreasonable risk of injury to 
health or the environment. The characteristics of chemical 
substances and mixtures for which such standards may be 
prescribed include persistence, acute toxicity, subacute 
toxicity, chronic toxicity, and any other characteristic which 
may present such a risk. The methodologies that may be 
prescribed in such standards include epidemiologic studies, 
serial or hierarchical tests, in vitro tests, and whole animal 
tests, except that before prescribing epidemiologic studies of 
employees, the Administrator shall consult with the Director of 
the National Institute for Occupational Safety and Health.
  (B) From time to time, but not less than once each 12 months, 
the Administrator shall review the adequacy of the standards 
for development of data prescribed in [rules] rules, orders, 
and consent agreements under subsection (a) and shall, if 
necessary, institute proceedings to make appropriate revisions 
of such standards.
  (3)(A) A [rule] rule, order, or consent agreement under 
subsection (a) respecting a chemical substance or mixture shall 
require the persons described in subparagraph (B) to conduct 
tests and submit data to the Administrator on such substance or 
mixture, except that the Administrator may permit two or more 
of such persons to designate one such person or a qualified 
third party to conduct such tests and submit such data on 
behalf of the persons making the designation.
  (B) The following persons shall be required to conduct tests 
and submit data on a chemical substance or mixture subject to a 
[rule] rule, order, or consent agreement under subsection (a):
          (i) Each person who manufactures or intends to 
        manufacture such substance or mixture if the 
        Administrator makes a finding described in subsection 
        (a)(1)(A)(ii) or (a)(1)(B)(ii) with respect to the 
        manufacture of such substance or mixture.
          (ii) Each person who processes or intends to process 
        such substance or mixture if the Administrator makes a 
        finding described in subsection (a)(1)(A)(ii) or 
        (a)(1)(B)(ii) with respect to the processing of such 
        substance or mixture.
          (iii) Each person who manufactures or processes or 
        intends to manufacture or process such substance or 
        mixture if the Administrator makes a finding described 
        in subsection (a)(1)(A)(ii) or (a)(1)(B)(ii) with 
        respect to the distribution in commerce, use, or 
        disposal of such substance or mixture.
  (4) Any [rule under subsection (a)] rule, order, or consent 
agreement under subsection (a) requiring the testing of and 
submission of data for a particular chemical substance or 
mixture shall expire at the end of the reimbursement period (as 
defined in subsection (c)(3)(B)) which is applicable to test 
data for such substance or mixture unless the Administrator 
[repeals the rule] repeals the rule or order or modifies the 
consent agreement to terminate the requirement before such 
date; and a [rule under subsection (a)] rule, order, or consent 
agreement under subsection (a) requiring the testing of and 
submission of data for a category of chemical substances or 
mixtures shall expire with respect to a chemical substance or 
mixture included in the category at the end of the 
reimbursement period (as so defined) which is applicable to 
test data for such substance or mixture unless the 
Administrator before such date [repeals the application of the 
rule] repeals or modifies the application of the rule, order, 
or consent agreement to such substance or mixture or [repeals 
the rule] repeals the rule or order or modifies the consent 
agreement to terminate the requirement.
  (5) Rules issued under subsection (a) (and any substantive 
amendment thereto or repeal thereof) shall be promulgated 
pursuant to section 553 of title 5, United States Code, except 
that (A) the Administrator shall give interested persons an 
opportunity for the oral presentation of data, views, or 
arguments, in addition to an opportunity to make written 
submission; (B) a transcript shall be made of any oral 
presentation; and (C) the Administrator shall make and publish 
with the rule the findings described in [paragraph (1)(A) or 
(1)(B)] paragraph (1)(A), (1)(B), or (1)(C) of subsection (a) 
and, in the case of a rule respecting a mixture, the finding 
described in paragraph (2) of such subsection.
  (c) Exemption.--(1) Any person required by a [rule] rule or 
order under subsection (a) to conduct tests and submit data on 
a chemical substance or mixture may apply to the Administrator 
(in such form and manner as the Administrator shall prescribe) 
for an exemption from such requirement.
  (2) If, upon receipt of an application under paragraph (1), 
the Administrator determines that--
          (A) the chemical substance or mixture with respect to 
        which such application was submitted is equivalent to a 
        chemical substance or mixture for which data has been 
        submitted to the Administrator in accordance with [a 
        rule under subsection (a) or for which data is being 
        developed pursuant to such a rule] a rule, order, or 
        consent agreement under subsection (a) or for which 
        data is being developed pursuant to such a rule, order, 
        or consent agreement, and
          (B) submission of data by the applicant on such 
        substance or mixture would be duplicative of data which 
        has been submitted to the Administrator in accordance 
        with [such rule or which is being developed pursuant to 
        such rule] such rule, order, or consent agreement or 
        which is being developed pursuant to such rule, order, 
        or consent agreement,
the Administrator shall exempt, in accordance with paragraph 
(3) or (4), the applicant from conducting tests and submitting 
data on such substance or mixture under [the rule] the rule or 
order with respect to which such application was submitted.
  (3)(A) If the exemption under paragraph (2) of any person 
from the requirement to conduct tests and submit test data on a 
chemical substance or mixture is granted on the basis of the 
existence of previously submitted test data and if such 
exemption is granted during the reimbursement period for such 
test data (as prescribed by subparagraph (B)), then (unless 
such person and the persons referred to in clauses (i) and (ii) 
agree on the amount and method of reimbursement) the 
Administrator shall order the person granted the exemption to 
provide fair and equitable reimbursement (in an amount 
determined under rules of the Administrator)--
          (i) to the person who previously submitted such test 
        data, for a portion of the costs incurred by such 
        person in complying with the requirement to submit such 
        data, and
          (ii) to any other person who has been required under 
        this subparagraph to contribute with respect to such 
        costs, for a portion of the amount such person was 
        required to contribute.
In promulgating rules for the determination of fair and 
equitable reimbursement to the persons described in clauses (i) 
and (ii) for costs incurred with respect to a chemical 
substance or mixture, the Administrator shall, after 
consultation with the Attorney General and the Federal Trade 
Commission, consider all relevant factors, including the effect 
on the competitive position of the person required to provide 
reimbursement in relation to the person to be reimbursed and 
the share of the market for such substance or mixture of the 
person required to provide reimbursement in relation to the 
share of such market of the persons to be reimbursed. An order 
under this subparagraph shall, for purposes of judicial review, 
be considered final agency action.
  (B) For purposes of subparagraph (A), the reimbursement 
period for any test data for a chemical substance or mixture is 
a period--
          (i) beginning on the date such data is submitted in 
        accordance with a [rule promulgated] rule, order, or 
        consent agreement under subsection (a), and
          (ii) ending--
                  (I) five years after the date referred to in 
                clause (i), or
                  (II) at the expiration of a period which 
                begins on the date referred to in clause (i) 
                and which is equal to the period which the 
                Administrator determines was necessary to 
                develop such data,
        whichever is later.
  (4)(A) If the exemption under paragraph (2) of any person 
from the requirement to conduct tests and submit test data on a 
chemical substance or mixture is granted on the basis of the 
fact that test data is being developed by one or more persons 
pursuant to a [rule promulgated] rule, order, or consent 
agreement under subsection (a), then (unless such person and 
the persons referred to in clauses (i) and (ii) agree on the 
amount and method of reimbursement) the Administrator shall 
order the person granted the exemption to provide fair and 
equitable reimbursement (in an amount determined under rules of 
the Administrator)--
          (i) to each such person who is developing such test 
        data, for a portion of the costs incurred by each such 
        person in complying with [such rule] such rule, order, 
        or consent agreement, and
          (ii) to any other person who has been required under 
        this subparagraph to contribute with respect to the 
        costs of complying with [such rule] such rule, order, 
        or consent agreement, for a portion of the amount such 
        person was required to contribute.
In promulgating rules for the determination of fair and 
equitable reimbursement to the persons described in clauses (i) 
and (ii) for costs incurred with respect to a chemical 
substance or mixture, the Administrator shall, after 
consultation with the Attorney General and the Federal Trade 
Commission, consider the factors described in the second 
sentence of paragraph (3)(A). An order under this subparagraph 
shall, for purposes of judicial review, be considered final 
agency action.
  (B) If any exemption is granted under paragraph (2) on the 
basis of the fact that one or more persons are developing test 
data pursuant to a [rule promulgated] rule, order, or consent 
agreement under subsection (a) and if after such exemption is 
granted the Administrator determines that no such person has 
complied with [such rule] such rule, order, or consent 
agreement, the Administrator shall (i) after providing written 
notice to the person who holds such exemption and an 
opportunity for a hearing, by order terminate such exemption, 
and (ii) notify in writing such person of the requirements of 
[the rule] the rule, order, or consent agreement with respect 
to which such exemption was granted.
  (d) Notice.--Upon the receipt of any test data pursuant to a 
[rule] rule, order, or consent agreement under subsection (a), 
the Administrator shall publish a notice of the receipt of such 
data in the Federal Register within 15 days of its receipt. 
Subject to section 14, each such notice shall (1) identify the 
chemical substance or mixture for which data have been 
received; (2) list the uses or intended uses of such substance 
or mixture and the information required by the applicable 
standards for the development of test data; and (3) describe 
the nature of the test data developed. Except as otherwise 
provided in section 14, such data shall be made available by 
the Administrator for examination by any person.
  (e) Priority List.--(1)(A) There is established a committee 
to make recommendations to the Administrator respecting the 
chemical substances and mixtures to which the Administrator 
should give priority consideration for the promulgation of a 
rule under subsection (a). In making such a recommendation with 
respect to any chemical substance or mixture, the committee 
shall consider all relevant factors, including--
          (i) the quantities in which the substance or mixture 
        is or will be manufactured,
          (ii) the quantities in which the substance or mixture 
        enters or will enter the environment,
          (iii) the number of individuals who are or will be 
        exposed to the substance or mixture in their places of 
        employment and the duration of such exposure,
          (iv) the extent to which human beings are or will be 
        exposed to the substance or mixture,
          (v) the extent to which the substance or mixture is 
        closely related to a chemical substance or mixture 
        which is known to present an unreasonable risk of 
        injury to health or the environment,
          (vi) the existence of data concerning the effects of 
        the substance or mixture on health or the environment,
          (vii) the extent to which testing of the substance or 
        mixture may result in the development of data upon 
        which the effects of the substance or mixture on health 
        or the environment can reasonably be determined or 
        predicted, and
          (viii) the reasonably foreseeable availability of 
        facilities and personnel for performing testing on the 
        substance or mixture.
The recommendations of the committee shall be in the form of a 
list of chemical substances and mixtures which shall be set 
forth, either by individual substance or mixture or by groups 
of substances or mixtures, in the order in which the committee 
determines the Administrator should take action under 
subsection (a) with respect to the substances and mixtures. In 
establishing such list, the committee shall give priority 
attention to those chemical substances and mixtures which are 
known to cause or contribute to or which are suspected of 
causing or contributing to cancer, gene mutations, or birth 
defects. The committee shall designate chemical substances and 
mixtures on the list with respect to which the committee 
determines the Administrator should, within 12 months of the 
date on which such substances and mixtures are first 
designated, initiate a proceeding under subsection (a). The 
total number of chemical substances and mixtures on the list 
which are designated under the preceding sentence may not, at 
any time, exceed 50.
  (B) As soon as practicable but not later than nine months 
after the effective date of this Act, the committee shall 
publish in the Federal Register and transmit to the 
Administrator the list and designations required by 
subparagraph (A) together with the reasons for the committee's 
inclusion of each chemical substance or mixture on the list. At 
least every six months after the date of the transmission to 
the Administrator of the list pursuant to the preceeding 
sentence, the committee shall make such revisions in the list 
as it determines to be necessary and shall transmit them to the 
Administrator together with the committee's reasons for the 
revisions. Upon receipt of any such revision, the Administrator 
shall publish in the Federal Register the list with such 
revision, the reasons for such revision, and the designations 
made under subparagraph (A). The Administrator shall provide 
reasonable opportunity to any interested person to file with 
the Administrator written comments on the committee's list, any 
revision of such list by the committee, and designations made 
by the committee, and shall make such comments available to the 
public. Within the 12-month period beginning on the date of the 
first inclusion on the list of a chemical substance or mixture 
designated by the committee under subparagraph (A) the 
Administrator shall with respect to such chemical substance or 
mixture either initiate a rulemaking proceeding under 
subsection (a) or if such a proceeding is not initiated within 
such period, publish in the Federal Register the 
Administrator's reason for not initiating such a proceeding.
  (2)(A) The committee established by paragraph (1)(A) shall 
consist of eight members as follows:
          (i) One member appointed by the Administrator from 
        the Environmental Protection Agency.
          (ii) One member appointed by the Secretary of Labor 
        from officers or employees of the Department of Labor 
        engaged in the Secretary's activities under the 
        Occupational Safety and Health Act of 1970.
          (iii) One member appointed by the Chairman of the 
        Council on Environmental Quality from the Council or 
        its officers or employees.
          (iv) One member appointed by the Director of the 
        National Institute for Occupational Safety and Health 
        from officers or employees of the Institute.
          (v) One member appointed by the Director of the 
        National Institute of Environmental Health Sciences 
        from officers or employees of the Institute.
          (vi) One member appointed by the Director of the 
        National Cancer Institute from officers or employees of 
        the Institute.
          (vii) One member appointed by the Director of the 
        National Science Foundation from officers or employees 
        of the Foundation.
          (viii) One member appointed by the Secretary of 
        Commerce from officers or employees of the Department 
        of Commerce.
  (B)(i) An appointed member may designate an individual to 
serve on the committee on the member's behalf. Such a 
designation may be made only with the approval of the 
applicable appointing authority and only if the individual is 
from the entity from which the member was appointed.
  (ii) No individual may serve as a member of the committee for 
more than four years in the aggregate. If any member of the 
committee leaves the entity from which the member was 
appointed, such member may not continue as a member of the 
committee, and the member's position shall be considered to be 
vacant. A vacancy in the committee shall be filled in the same 
manner in which the original appointment was made.
  (iii) Initial appointments to the committee shall be made not 
later than the 60th day after the effective date of this Act. 
Not later than the 90th day after such date the members of the 
committee shall hold a meeting for the selection of a 
chairperson from among their number.
  (C)(i) No member of the committee, or designee of such 
member, shall accept employment or compensation from any person 
subject to any requirement of this Act or of any rule 
promulgated or order issued thereunder, for a period of at 
least 12 months after termination of service on the committee.
  (ii) No person, while serving as a member of the committee, 
or designee of such member, may own any stocks or bonds, or 
have any pecuniary interest, of substantial value in any person 
engaged in the manufacture, processing, or distribution in 
commerce of any chemical substance or mixture subject to any 
requirement of this Act or of any rule promulgated or order 
issued thereunder.
  (iii) The Administrator, acting through attorneys of the 
Environmental Protection Agency, or the Attorney General may 
bring an action in the appropriate district court of the United 
States to restrain any violation of this subparagraph.
  (D) The Administrator shall provide the committee such 
administrative support services as may be necessary to enable 
the committee to carry out its function under this subsection.
  (f) Required Actions.--Upon the receipt of--
          (1) any test data required to be submitted under this 
        Act, or
          (2) any other information available to the 
        Administrator,
which indicates to the Administrator that there may be a 
reasonable basis to conclude that a chemical substance or 
mixture presents or will present a significant risk of serious 
or widespread harm to human beings from cancer, gene mutations, 
or birth defects, the Administrator shall, within the 180-day 
period beginning on the date of the receipt of such data or 
information, initiate appropriate action under section 5, 6, or 
7 to prevent or reduce to a sufficient extent such risk or 
publish in the Federal Register a finding that such risk is not 
unreasonable. For good cause shown the Administrator may extend 
such period for an additional period of not more than 90 days. 
The Administrator shall publish in the Federal Register notice 
of any such extension and the reasons therefor. A finding by 
the Administrator that a risk is not unreasonable shall be 
considered agency action for purposes of judicial review under 
chapter 7 of title 5, United States Code. This subsection shall 
not take effect until two years after the effective date of 
this Act.
  (g) Petition for Standards for the Development of Test 
Data.--A person intending to manufacture or process a chemical 
substance for which notice is required under section 5(a) and 
who is not required under a [rule] rule, order, or consent 
agreement under subsection (a) to conduct tests and submit data 
on such substance may petition the Administrator to prescribe 
standards for the development of test data for such substance. 
The Administrator shall by order either grant or deny any such 
petition within 60 days of its receipt. If the petition is 
granted, the Administrator shall prescribe such standards for 
such substance within 75 days of the date the petition is 
granted. If the petition is denied, the Administrator shall 
publish, subject to section 14, in the Federal Register the 
reasons for such denial.

SEC. 5. MANUFACTURING AND PROCESSING NOTICES.

  (a) In General.--(1) Except as provided in subsection (h), no 
person may--
          (A) manufacture a new chemical substance on or after 
        the 30th day after the date on which the Administrator 
        first publishes the list required by section 8(b), or
          (B) manufacture or process any chemical substance for 
        a use which the Administrator has determined, in 
        accordance with paragraph (2), is a significant new 
        use,
unless such person submits to the Administrator, at least 90 
days before such manufacture or processing, a notice, in 
accordance with subsection (d), of such person's intention to 
manufacture or process such substance and such person complies 
with any applicable requirement of subsection (b).
  (2) A determination by the Administrator that a use of a 
chemical substance is a significant new use with respect to 
which notification is required under paragraph (1) shall be 
made by a rule promulgated after a consideration of all 
relevant factors, including--
          (A) the projected volume of manufacturing and 
        processing of a chemical substance,
          (B) the extent to which a use changes the type or 
        form of exposure of human beings or the environment to 
        a chemical substance,
          (C) the extent to which a use increases the magnitude 
        and duration of exposure of human beings or the 
        environment to a chemical substance, and
          (D) the reasonably anticipated manner and methods of 
        manufacturing, processing, distribution in commerce, 
        and disposal of a chemical substance.
  (b) Submission of Test Data.--(1)(A) If (i) a person is 
required by subsection (a)(1) to submit a notice to the 
Administrator before beginning the manufacture or processing of 
a chemical substance, and (ii) such person is required to 
submit test data for such substance pursuant to a [rule 
promulgated] rule, order, or consent agreement under section 4 
before the submission of such notice, such person shall submit 
to the Administrator such data in accordance with [such rule] 
such rule, order, or consent agreement at the time notice is 
submitted in accordance with subsection (a)(1).
  (B) If--
          (i) a person is required by subsection (a)(1) to 
        submit a notice to the Administrator, and
          (ii) such person has been granted an exemption under 
        section 4(c) from the requirements of a [rule 
        promulgated] rule or order under section 4 before the 
        submission of such notice,
such person may not, before the expiration of the 90-day period 
which begins on [the date of the submission in accordance with 
such rule] the required date of submission of the test data the 
submission or development of which was the basis for the 
exemption, manufacture such substance if such person is subject 
to subsection (a)(1)(A) or manufacture or process such 
substance for a significant new use if the person is subject to 
subsection (a)(1)(B).
  (2)(A) If a person--
          (i) is required by subsection (a)(1) to submit a 
        notice to the Administrator before beginning the 
        manufacture or processing of a chemical substance 
        listed under paragraph (4), and
          (ii) is not required by a [rule promulgated] rule, 
        order, or consent agreement under section 4 before the 
        submission of such notice to submit test data for such 
        substance,
such person shall submit to the Administrator data prescribed 
by subparagraph (B) at the time notice is submitted in 
accordance with subsection (a)(1).
  (B) Data submitted pursuant to subparagraph (A) shall be data 
which the person submitting the data believes show that--
          (i) in the case of a substance with respect to which 
        notice is required under subsection (a)(1)(A), the 
        manufacture, processing, distribution in commerce, use, 
        and disposal of the chemical substance or any 
        combination of such activities will not present an 
        unreasonable risk of injury to health or the 
        environment, or
          (ii) in the case of a chemical substance with respect 
        to which notice is required under subsection (a)(1)(B), 
        the intended significant new use of the chemical 
        substance will not present an unreasonable risk of 
        injury to health or the environment.
  (3) Data submitted under paragraph (1) or (2) shall be made 
available, subject to section 14, for examination by interested 
persons.
  (4)(A)(i) The Administrator may, by rule, compile and keep 
current a list of chemical substances with respect to which the 
Administrator finds that the manufacture, processing, 
distribution in commerce, use, or disposal, or any combination 
of such activities, presents or may present an unreasonable 
risk of injury to health or the environment.
  (ii) In making a finding under clause (i) that the 
manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or any combination of such 
activities presents or may present an unreasonable risk of 
injury to health or the environment, the Administrator shall 
consider all relevant factors, including--
          (I) the effects of the chemical substance on health 
        and the magnitude of human exposure to such substance; 
        and
          (II) the effects of the chemical substance on the 
        environment and the magnitude of environmental exposure 
        to such substance.
  (B) The Administrator shall, in prescribing a rule under 
subparagraph (A) which lists any chemical substance, identify 
those uses, if any, which the Administrator determines, by rule 
under subsection (a)(2), would constitute a significant new use 
of such substance.
  (C) Any rule under subparagraph (A), and any substantive 
amendment or repeal of such a rule, shall be promulgated 
pursuant to the procedures specified in section 553 of title 5, 
United States Code, except that (i) the Administrator shall 
give interested persons an opportunity for the oral 
presentation of data, views, or arguments, in addition to an 
opportunity to make written submissions, (ii) a transcript 
shall be kept of any oral presentation, and (iii) the 
Administrator shall make and publish with the rule the finding 
described in subparagraph (A).
  (c) Extension of Notice Period.--The Administrator may for 
good cause extend for additional periods (not to exceed in the 
aggregate 90 days) the period, prescribed by subsection (a) or 
(b) before which the manufacturing or processing of a chemical 
substance subject to such subsection may begin. Subject to 
section 14, such an extension and the reasons therefor shall be 
published in the Federal Register and shall constitute a final 
agency action subject to judicial review.
  (d) Content of Notice; Publications in the Federal 
Register.--(1) The notice required by subsection (a) shall 
include--
          (A) insofar as known to the person submitting the 
        notice or insofar as reasonably ascertainable, the 
        information described in subparagraphs (A), (B), (C), 
        (D), (F), and (G) of section 8(a)(2), and
          (B) in such form and manner as the Administrator may 
        prescribe, any test data in the possession or control 
        of the person giving such notice which are related to 
        the effect of any manufacture, processing, distribution 
        in commerce, use, or disposal of such substance or any 
        article containing such substance, or of any 
        combination of such activities, on health or the 
        environment, and
          (C) a description of any other data concerning the 
        environmental and health effects of such substance, 
        insofar as known to the person making the notice or 
        insofar as reasonably ascertainable.
Such a notice shall be made available, subject to section 14, 
for examination by interested persons.
  (2) Subject to section 14, not later than five days 
(excluding Saturdays, Sundays and legal holidays) after the 
date of the receipt of a notice under subsection (a) or of data 
under subsection (b), the Administrator shall publish in the 
Federal Register a notice which--
          (A) identifies the chemical substance for which 
        notice or data has been received;
          (B) lists the uses or intended uses of such 
        substance; and
          (C) in the case of the receipt of data under 
        subsection (b), describes the nature of the tests 
        performed on such substance and any data which was 
        developed pursuant to subsection (b) or a [rule] rule, 
        order, or consent agreement under section 4.
A notice under this paragraph respecting a chemical substance 
shall identify the chemical substance by generic class unless 
the Administrator determines that more specific identification 
is required in the public interest.
  (3) At the beginning of each month the Administrator shall 
publish a list in the Federal Register of (A) each chemical 
substance for which notice has been received under subsection 
(a) and for which the notification period prescribed by 
subsection (a), (b), or (c) has not expired, and (B) each 
chemical substance for which such notification period has 
expired since the last publication in the Federal Register of 
such list.
  (e) Regulation Pending Development of Information.--(1)(A) If 
the Administrator determines that--
          (i) the information available to the Administrator is 
        insufficient to permit a reasoned evaluation of the 
        health and environmental effects of a chemical 
        substance with respect to which notice is required by 
        subsection (a); and
          (ii)(I) in the absence of sufficient information to 
        permit the Administrator to make such an evaluation, 
        the manufacture, processing, distribution in commerce, 
        use, or disposal of such substance, or any combination 
        of such activities, may present an unreasonable risk of 
        injury to health or the environment, or
          (II) such substance is or will be produced in 
        substantial quantities, and such substance either 
        enters or may reasonably be anticipated to enter the 
        environment in substantial quantities or there is or 
        may be significant or substantial human exposure to the 
        substance,
the Administrator may issue a proposed order, to take effect on 
the expiration of the notification period applicable to the 
manufacturing or processing of such substance under subsection 
(a), (b), or (c), to prohibit or limit the manufacture, 
processing, distribution in commerce, use, or disposal of such 
substance or to prohibit or limit any combination of such 
activities.
  (B) A proposed order may not be issued under subparagraph (A) 
respecting a chemical substance (i) later than 45 days before 
the expiration of the notification period applicable to the 
manufacture or processing of such substance under subsection 
(a), (b), or (c), and (ii) unless the Administrator has, on or 
before the issuance of the proposed order, notified, in 
writing, each manufacturer or processor, as the case may be, of 
such substance of the determination which underlies such order.
  (C) If a manufacturer or processor of a chemical substance to 
be subject to a proposed order issued under subparagraph (A) 
files with the Administrator (within the 30-day period 
beginning on the date such manufacturer or processor received 
the notice required by subparagraph (B)(ii)) objections 
specifying with particularity the provisions of the order 
deemed objectionable and stating the grounds therefor, the 
proposed order shall not take effect.
  (2)(A)(i) Except as provided in clause (ii), if with respect 
to a chemical substance with respect to which notice is 
required by subsection (a), the Administrator makes the 
determination described in paragraph (1)(A) and if--
          (I) the Administrator does not issue a proposed order 
        under paragraph (1) respecting such substance, or
          (II) the Administrator issues such an order 
        respecting such substance but such order does not take 
        effect because objections were filed under paragraph 
        (1)(C) with respect to it,
the Administrator, through attorneys of the Environmental 
Protection Agency, shall apply to the United States District 
Court for the District of Columbia or the United States 
district court for the judicial district in which the 
manufacturer or processor, as the case may be, of such 
substance is found, resides, or transacts business for an 
injunction to prohibit or limit the manufacture, processing, 
distribution in commerce, use, or disposal of such substance 
(or to prohibit or limit any combination of such activities).
  (ii) If the Administrator issues a proposed order under 
paragraph (1)(A) respecting a chemical substance but such order 
does not take effect because objections have been filed under 
paragraph (1)(C) with respect to it, the Administrator is not 
required to apply for an injunction under clause (i) respecting 
such substance if the Administrator determines, on the basis of 
such objections, that the determinations under paragraph (1)(A) 
may not be made.
  (B) A district court of the United States which receives an 
application under subparagraph (A)(i) for an injunction 
respecting a chemical substance shall issue such injunction if 
the court finds that--
          (i) the information available to the Administrator is 
        insufficient to permit a reasoned evaluation of the 
        health and environmental effects of a chemical 
        substance with respect to which notice is required by 
        subsection (a); and
          (ii)(I) in the absence of sufficient information to 
        permit the Administrator to make such an evaluation, 
        the manufacture, processing, distribution in commerce, 
        use, or disposal of such substance, or any combination 
        of such activities, may present an unreasonable risk of 
        injury to health or the environment, or
          (II) such substance is or will be produced in 
        substantial quantities, and such substance either 
        enters or may reasonably be anticipated to enter the 
        environment in substantial quantities or there is or 
        may be significant or substantial human exposure to the 
        substance.
  (C) Pending the completion of a proceeding for the issuance 
of an injunction under subparagraph (B) respecting a chemical 
substance, the court may, upon application of the Administrator 
made through attorneys of the Environmental Protection Agency, 
issue a temporary restraining order or a preliminary injunction 
to prohibit the manufacture, processing, distribution in 
commerce, use, or disposal of such a substance (or any 
combination of such activities) if the court finds that the 
notification period applicable under subsection (a), (b), or 
(c) to the manufacturing or processing of such substance may 
expire before such proceeding can be completed.
  (D) After the submission to the Administrator of test data 
sufficient to evaluate the health and environmental effects of 
a chemical substance subject to an injunction issued under 
subparagraph (B) and the evaluation of such data by the 
Administrator, the district court of the United States which 
issued such injunction shall, upon petition, dissolve the 
injunction unless the Administrator has initiated a proceeding 
for the issuance of a rule under section 6(a) respecting the 
substance. If such a proceeding has been initiated, such court 
shall continue the injunction in effect until the effective 
date of the rule promulgated in such proceeding or, if such 
proceeding is terminated without the promulgation of a rule, 
upon the termination of the proceeding, whichever occurs first.
  (f) Protection Against Unreasonable Risks.--(1) If the 
Administrator finds that there is a reasonable basis to 
conclude that the manufacture, processing, distribution in 
commerce, use, or disposal of a chemical substance with respect 
to which notice is required by subsection (a), or that any 
combination of such activities, presents or will present an 
unreasonable risk of injury to health or environment before a 
rule promulgated under section 6 can protect against such risk, 
the Administrator shall, before the expiration of the 
notification period applicable under subsection (a), (b), or 
(c) to the manufacturing or processing of such substance, take 
the action authorized by paragraph (2) or (3) to the extent 
necessary to protect against such risk.
  (2) The Administrator may issue a proposed rule under section 
6(a) to apply to a chemical substance with respect to which a 
finding was made under paragraph (1)--
          (A) a requirement limiting the amount of such 
        substance which may be manufactured, processed, or 
        distributed in commerce,
          (B) a requirement described in paragraph (2), (3), 
        (4), (5), (6), or (7) of section 6(a), or
          (C) any combination of the requirements referred to 
        in subparagraph (B).
Such a proposed rule shall be effective upon its publication in 
the Federal Register. Section 6(d)(2)(B) shall apply with 
respect to such rule.
  (3)(A) The Administrator may--
          (i) issue a proposed order to prohibit the 
        manufacture, processing, or distribution in commerce of 
        a substance with respect to which a finding was made 
        under paragraph (1), or
          (ii) apply, through attorneys of the Environmental 
        Protection Agency, to the United States District Court 
        for the District of Columbia or the United States 
        district court for the judicial district in which the 
        manufacturer, or processor, as the case may be, of such 
        substance, is found, resides, or transacts business for 
        an injunction to prohibit the manufacture, processing, 
        or distribution in commerce of such substance.
A proposed order issued under clause (i) respecting a chemical 
substance shall take effect on the expiration of the 
notification period applicable under subsection (a), (b), or 
(c) to the manufacture or processing of such substance.
  (B) If the district court of the United States to which an 
application has been made under subparagraph (A)(ii) finds that 
there is a reasonable basis to conclude that the manufacture, 
processing, distribution in commerce, use, or disposal of the 
chemical substance with respect to which such application was 
made, or that any combination of such activities, presents or 
will present an unreasonable risk of injury to health or the 
environment before a rule promulgated under section 6 can 
protect against such risk, the court shall issue an injunction 
to prohibit the manufacture, processing or distribution in 
commerce of such substance or to prohibit any combination of 
such activities.
  (C) The provisions of subparagraphs (B) and (C) of subsection 
(e)(1) shall apply with respect to an order issued under clause 
(i) of subparagraph (A); and the provisions of subparagraph (C) 
of subsection (e)(2) shall apply with respect to an injunction 
issued under subparagraph (B).
  (D) If the Administrator issues an order pursuant to 
subparagraph (A)(i) respecting a chemical substance and 
objections are filed in accordance with subsection (e)(1)(C), 
the Administrator shall seek an injunction under subparagraph 
(A)(ii) respecting such substance unless the Administrator 
determines, on the basis of such objections, that such 
substance does not or will not present an unreasonable risk of 
injury to health or the environment.
  (g) Statement of Reasons for Not Taking Action.--If the 
Administrator has not initiated any action under this section 
or section 6 or 7 to prohibit or limit the manufacture, 
processing, distribution in commerce, use, or disposal of a 
chemical substance, with respect to which notification or data 
is required by subsection (a)(1)(B) or (b), before the 
expiration of the notification period applicable to the 
manufacturing or processing of such substance, the 
Administrator shall publish a statement of the Administrator's 
reasons for not initiating such action. Such a statement shall 
be published in the Federal Register before the expiration of 
such period. Publication of such statement in accordance with 
the preceding sentence is not a prerequisite to the 
manufacturing or processing of the substance with respect to 
which the statement is to be published.
  (h) Exemptions.--(1) The Administrator may, upon application, 
exempt any person from any requirement of subsection (a) or (b) 
to permit such person to manufacture or process a chemical 
substance for test marketing purposes--
          (A) upon a showing by such person satisfactory to the 
        Administrator that the manufacture, processing, 
        distribution in commerce, use, and disposal of such 
        substance, and that any combination of such activities, 
        for such purposes will not present any unreasonable 
        risk of injury to health or the environment, and
          (B) under such restrictions as the Administrator 
        considers appropriate.
  (2)(A) The Administrator may, upon application, exempt any 
person from the requirement of subsection (b)(2) to submit data 
for a chemical substance. If, upon receipt of an application 
under the preceding sentence, the Administrator determines 
that--
          (i) the chemical substance with respect to which such 
        application was submitted is equivalent to a chemical 
        substance for which data has been submitted to the 
        Administrator as required by subsection (b)(2), and
          (ii) submission of data by the applicant on such 
        substance would be duplicative of data which has been 
        submitted to the Administrator in accordance with such 
        subsection,
the Administrator shall exempt the applicant from the 
requirement to submit such data on such substance. No exemption 
which is granted under this subparagraph with respect to the 
submission of data for a chemical substance may take effect 
before the beginning of the reimbursement period applicable to 
such data.
  (B) If the Administrator exempts any person, under 
subparagraph (A), from submitting data required under 
subsection (b)(2) for a chemical substance because of the 
existence of previously submitted data and if such exemption is 
granted during the reimbursement period for such data, then 
(unless such person and the persons referred to in clauses (i) 
and (ii) agree on the amount and method of reimbursement) the 
Administrator shall order the person granted the exemption to 
provide fair and equitable reimbursement (in an amount 
determined under rules of the Administrator)--
          (i) to the person who previously submitted the data 
        on which the exemption was based, for a portion of the 
        costs incurred by such person in complying with the 
        requirement under subsection (b)(2) to submit such 
        data, and
          (ii) to any other person who has been required under 
        this subparagraph to contribute with respect to such 
        costs, for a portion of the amount such person was 
        required to contribute.
In promulgating rules for the determination of fair and 
equitable reimbursement to the persons described in clauses (i) 
and (ii) for costs incurred with respect to a chemical 
substance, the Administrator shall, after consultation with the 
Attorney General and the Federal Trade Commission, consider all 
relevant factors, including the effect on the competitive 
position of the person required to provide reimbursement in 
relation to the persons to be reimbursed and the share of the 
market for such substance of the person required to provide 
reimbursement in relation to the share of such market of the 
persons to be reimbursed. For purposes of judicial review, an 
order under this subparagraph shall be considered final agency 
action.
  (C) For purposes of this paragraph, the reimbursement period 
for any previously submitted data for a chemical substance is a 
period--
          (i) beginning on the date of the termination of the 
        prohibition, imposed under this section, on the 
        manufacture or processing of such substance by the 
        person who submitted such data to the Administrator, 
        and
          (ii) ending--
                  (I) five years after the date referred to in 
                clause (i), or
                  (II) at the expiration of a period which 
                begins on the date referred to in clause (i) 
                and is equal to the period which the 
                Administrator determines was necessary to 
                develop such data,
        whichever is later.
  (3) The requirements of subsections (a) and (b) do not apply 
with respect to the manufacturing or processing of any chemical 
substance which is manufactured or processed, or proposed to be 
manufactured or processed, only in small quantities (as defined 
by the Administrator by rule) solely for purposes of--
          (A) scientific experimentation or analysis, or
          (B) chemical research on, or analysis of such 
        substance or another substance, including such research 
        or analysis for the development of a product,
if all persons engaged in such experimentation, research, or 
analysis for a manufacturer or processor are notified (in such 
form and manner as the Administrator may prescribe) of any risk 
to health which the manufacturer, processor, or the 
Administrator has reason to believe may be associated with such 
chemical substance.
  (4) The Administrator may, upon application and by rule, 
exempt the manufacturer of any new chemical substance from all 
or part of the requirements of this section if the 
Administrator determines that the manufacture, processing, 
distribution in commerce, use, or disposal of such chemical 
substance, or that any combination of such activities, will not 
present an unreasonable risk of injury to health or the 
environment. A rule promulgated under this paragraph (and any 
substantive amendment to, or repeal of, such a rule) shall be 
promulgated in accordance with [paragraphs (2) and (3) of 
section 6(c)] paragraph (2) of section 6(c).
  (5) The Administrator may, upon application, make the 
requirements of subsections (a) and (b) inapplicable with 
respect to the manufacturing or processing of any chemical 
substance (A) which exists temporarily as a result of a 
chemical reaction in the manufacturing or processing of a 
mixture or another chemical substance, and (B) to which there 
is no, and will not be, human or environmental exposure.
  (6) Immediately upon receipt of an application under 
paragraph (1) or (5) the Administrator shall publish in the 
Federal Register notice of the receipt of such application. The 
Administrator shall give interested persons an opportunity to 
comment upon any such application and shall, within 45 days of 
its receipt, either approve or deny the application. The 
Administrator shall publish in the Federal Register notice of 
the approval or denial of such an application.
  (i) Definition.--For purposes of this section, the terms 
``manufacture'' and ``process'' mean manufacturing or 
processing for commercial purposes.

SEC. 6. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND MIXTURES.

  (a) Scope of Regulation.--If the Administrator [finds that 
there is a reasonable basis to conclude] determines under 
subsection (b) that the manufacture, processing, distribution 
in commerce, use, or disposal of a chemical substance or 
mixture, or that any combination of such activities, presents, 
or will present an unreasonable risk of injury to health or the 
environment, or designates a chemical substance under 
subsection (i)(2), the Administrator shall by rule apply one or 
more of the following requirements to such substance or mixture 
to the extent necessary [to protect adequately against such 
risk using the least burdensome requirements] so that the 
chemical substance or mixture no longer presents or will 
present an unreasonable risk, including an identified 
unreasonable risk to a potentially exposed subpopulation:
          (1) A requirement (A) prohibiting the manufacturing, 
        processing, or distribution in commerce of such 
        substance or mixture, or (B) limiting the amount of 
        such substance or mixture which may be manufactured, 
        processed, or distributed in commerce.
          (2) A requirement--
                  (A) prohibiting the manufacture, processing, 
                or distribution in commerce of such substance 
                or mixture for (i) a particular use or (ii) a 
                particular use in a concentration in excess of 
                a level specified by the Administrator in the 
                rule imposing the requirement, or
                  (B) limiting the amount of such substance or 
                mixture which may be manufactured, processed, 
                or distributed in commerce for (i) a particular 
                use or (ii) a particular use in a concentration 
                in excess of a level specified by the 
                Administrator in the rule imposing the 
                requirement.
          (3) A requirement that such substance or mixture or 
        any article containing such substance or mixture be 
        marked with or accompanied by clear and adequate 
        warnings and instructions with respect to its use, 
        distribution in commerce, or disposal or with respect 
        to any combination of such activities. The form and 
        content of such warnings and instructions shall be 
        prescribed by the Administrator.
          (4) A requirement that manufacturers and processors 
        of such substance or mixture make and retain records of 
        the processes used to manufacture or process such 
        substance or mixture and monitor or conduct tests which 
        are reasonable and necessary to assure compliance with 
        the requirements of any rule applicable under this 
        subsection.
          (5) A requirement prohibiting or otherwise regulating 
        any manner or method of commercial use of such 
        substance or mixture.
          (6)(A) A requirement prohibiting or otherwise 
        regulating any manner or method of disposal of such 
        substance or mixture, or of any article containing such 
        substance or mixture, by its manufacturer or processor 
        or by any other person who uses, or disposes of, it for 
        commercial purposes.
          (B) A requirement under subparagraph (A) may not 
        require any person to take any action which would be in 
        violation of any law or requirement of, or in effect 
        for, a State or political subdivision, and shall 
        require each person subject to it to notify each State 
        and political subdivision in which a required disposal 
        may occur of such disposal.
          (7) A requirement directing manufacturers or 
        processors of such substance or mixture (A) to give 
        notice of such unreasonable risk of injury to 
        distributors in commerce of such substance or mixture 
        and, to the extent reasonably ascertainable, to other 
        persons in possession of such substance or mixture or 
        exposed to such substance or mixture, (B) to give 
        public notice of such risk of injury, and (C) to 
        replace or repurchase such substance or mixture as 
        elected by the person to which the requirement is 
        directed.
Any requirement (or combination of requirements) imposed under 
this subsection may be limited in application to specified 
geographic areas.
  [(b) Quality Control.--If the Administrator has a reasonable 
basis to conclude that a particular manufacturer or processor 
is manufacturing or processing a chemical substance or mixture 
in a manner which unintentionally causes the chemical substance 
or mixture to present or which will cause it to present an 
unreasonable risk of injury to health or the environment--
          [(1) the Administrator may by order require such 
        manufacturer or processor to submit a description of 
        the relevant quality control procedures followed in the 
        manufacturing or processing of such chemical substance 
        or mixture; and
          [(2) if the Administrator determines--
                  [(A) that such quality control procedures are 
                inadequate to prevent the chemical substance or 
                mixture from presenting such risk of injury, 
                the Administrator may order the manufacturer or 
                processor to revise such quality control 
                procedures to the extent necessary to remedy 
                such inadequacy; or
                  [(B) that the use of such quality control 
                procedures has resulted in the distribution in 
                commerce of chemical substances or mixtures 
                which present an unreasonable risk of injury to 
                health or the environment, the Administrator 
                may order the manufacturer or processor to (i) 
                give notice of such risk to processors or 
                distributors in commerce of any such substance 
                or mixture, or to both, and, to the extent 
                reasonably ascertainable, to any other person 
                in possession of or exposed to any such 
                substance, (ii) to give public notice of such 
                risk, and (iii) to provide such replacement or 
                repurchase of any such substance or mixture as 
                is necessary to adequately protect health or 
                the environment.
A determination under subparagraph (A) or (B) of paragraph (2) 
shall be made on the record after opportunity for hearing in 
accordance with section 554 of title 5, United States Code. Any 
manufacturer or processor subject to a requirement to replace 
or repurchase a chemical substance or mixture may elect either 
to replace or repurchase the substance or mixture and shall 
take either such action in the manner prescribed by the 
Administrator.]
  (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 requirements under 
        subsection (a), an unreasonable risk of injury to 
        health or the environment.
          (2) Applying requirements.--The Administrator 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 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 
                results 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 
                        hazard 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.
                  (B) TSCA work plan chemicals.--The 
                Administrator may, without making a 
                determination 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, 
                including information that is relevant to 
                specific risks of injury to health or the 
                environment and information on potentially 
                exposed subpopulations;
                  (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 
                number 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 
                requested by a manufacturer under paragraph 
                (3)(A)(ii), ensure that the costs to the 
                Environmental Protection Agency, including 
                contractor costs, of conducting the risk 
                evaluation are paid for by the manufacturer.
          (5) Deadlines.--
                  (A) Risk evaluations.--The Administrator 
                shall conduct and publish a risk evaluation 
                under this subsection for a chemical substance 
                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
                                  (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 
                subsection, 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 
                environment, 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 substance 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 
                determines that additional information is 
                necessary to make a risk evaluation 
                determination under this subsection, the 
                Administrator may extend the deadline under 
                subparagraph (A) accordingly, except that the 
                deadline may not be extended to a date that is 
                later than--
                          (i) 90 days after receipt of such 
                        additional information; or
                          (ii) 2 years after the original 
                        deadline.
          (6) Determinations of no unreasonable risk.--
                  (A) Notice and comment.--Not later than 30 
                days before publishing a final determination 
                under this subsection that a chemical substance 
                does not and will not present an unreasonable 
                risk of injury to health or the environment, 
                the Administrator shall make a preliminary 
                determination to such effect and provide public 
                notice of, and an opportunity for comment 
                regarding, such preliminary determination.
                  (B) Potentially exposed subpopulations.--The 
                Administrator shall not make a determination 
                under this subsection that a chemical substance 
                will not present an unreasonable risk of injury 
                to health or the environment if the 
                Administrator determines that the chemical 
                substance, under the intended conditions of 
                use, presents or will present an unreasonable 
                risk of injury to 1 or more potentially exposed 
                subpopulations.
                  (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 availability of 
        appropriations, the Administrator shall initiate 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.--[(1) In 
promulgating any rule under subsection (a) with respect to a 
chemical substance or mixture, the Administrator shall consider 
and publish a statement with respect to--
          [(A) the effects of such substance or mixture on 
        health and the magnitude of the exposure of human 
        beings to such substance or mixture,
          [(B) the effects of such substance or mixture on the 
        environment and the magnitude of the exposure of the 
        environment to such substance or mixture,
          [(C) the benefits of such substance or mixture for 
        various uses and the availability of substitutes for 
        such uses, and
          [(D) the reasonably ascertainable economic 
        consequences of the rule, after consideration of the 
        effect on the national economy, small business, 
        technological innovation, the environment, and public 
        health.
If the Administrator determines that a risk of injury to health 
or the environment could be eliminated or reduced to a 
sufficient extent by actions taken under another Federal law 
(or laws) administered in whole or in part by the 
Administrator, the Administrator may not promulgate a rule 
under subsection (a) to protect against such risk of injury 
unless the Administrator finds, in the Administrator's 
discretion, that it is in the public interest to protect 
against such risk under this Act. In making such a finding the 
Administrator shall consider (i) all relevant aspects of the 
risk, as determined by the Administrator in the Administrator's 
discretion, (ii) a comparison of the estimated costs of 
complying with actions taken under this Act and under such law 
(or laws), and (iii) the relative efficiency of actions under 
this Act and under such law (or laws) to protect against such 
risk of injury.]
          (1) Requirements for rule.--In promulgating 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--
                          (i) the effects of the chemical 
                        substance or mixture on health and the 
                        magnitude of the exposure of human 
                        beings to the chemical substance or 
                        mixture;
                          (ii) the effects of the chemical 
                        substance or mixture on the environment 
                        and the magnitude of the exposure of 
                        the environment to the chemical 
                        substance or mixture;
                          (iii) the benefits of the chemical 
                        substance or mixture for various uses; 
                        and
                          (iv) the reasonably ascertainable 
                        economic 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 subparagraph 
                (A), are cost-effective, except where the 
                Administrator determines that additional or 
                different requirements described in subsection 
                (a) 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 
                substantially prevents a specific use of a 
                chemical substance or mixture and in setting an 
                appropriate transition period for such action, 
                determine whether technically and economically 
                feasible alternatives 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 
                significantly to the identified risk, including 
                identified risk to identified potentially 
                exposed subpopulations; and
                  (E) in selecting among prohibitions and other 
                restrictions to address an identified risk, 
                apply prohibitions or other restrictions to 
                articles on the basis of a chemical substance 
                or mixture contained in the article only to the 
                extent necessary to protect against the 
                identified risk.
          (2) Procedures._When prescribing a rule under 
        subsection (a) the Administrator shall proceed in 
        accordance with section 553 of title 5, United States 
        Code (without regard to any reference in such section 
        to sections 556 and 557 of such title), and shall also 
        (A) publish a notice of proposed rulemaking stating 
        with particularity the reason for the proposed rule; 
        (B) allow interested persons to submit written data, 
        views, and arguments, and make all such submissions 
        publicly available; (C) [provide an opportunity for an 
        informal hearing in accordance with paragraph (3); (D)] 
        promulgate, if appropriate, a final rule based on the 
        matter in the rulemaking record (as defined in section 
        19(a))[, and (E)]; and (D) make and publish with the 
        rule the finding described in subsection (a).
  [(3) Informal hearings required by paragraph (2)(C) shall be 
conducted by the Administrator in accordance with the following 
requirements:
          [(A) Subject to subparagraph (B), an interested 
        person is entitled--
                  [(i) to present such person's position orally 
                or by documentary submissions (or both), and
                  [(ii) if the Administrator determines that 
                there are disputed issues of material fact it 
                is necessary to resolve, to present such 
                rebuttal submissions and to conduct (or have 
                conducted under subparagraph (B)(ii)) such 
                cross-examination of persons as the 
                Administrator determines (I) to be appropriate, 
                and (II) to be required for a full and true 
                disclosure with respect to such issues.
          [(B) The Administrator may prescribe such rules and 
        make such rulings concerning procedures in such 
        hearings to avoid unnecessary costs or delay. Such 
        rules or rulings may include (i) the imposition of 
        reasonable time limits on each interested person's oral 
        presentations, and (ii) requirements that any cross-
        examination to which a person may be entitled under 
        subparagraph (A) be conducted by the Administrator on 
        behalf of that person in such manner as the 
        Administrator determines (I) to be appropriate, and 
        (II) to be required for a full and true disclosure with 
        respect to disputed issues of material fact.
          [(C)(i) Except as provided in clause (ii), if a group 
        of persons each of whom under subparagraphs (A) and (B) 
        would be entitled to conduct (or have conducted) cross-
        examination and who are determined by the Administrator 
        to have the same or similar interests in the proceeding 
        cannot agree upon a single representative of such 
        interests for purposes of cross-examination, the 
        Administrator may make rules and rulings (I) limiting 
        the representation of such interest for such purposes, 
        and (II) governing the manner in which such cross-
        examination shall be limited.
          [(ii) When any person who is a member of a group with 
        respect to which the Administrator has made a 
        determination under clause (i) is unable to agree upon 
        group representation with the other members of the 
        group, then such person shall not be denied under the 
        authority of clause (i) the opportunity to conduct (or 
        have conducted) cross-examination as to issues 
        affecting the person's particular interests if (I) the 
        person satisfies the Administrator that the person has 
        made a reasonable and good faith effort to reach 
        agreement upon group representation with the other 
        members of the group and (II) the Administrator 
        determines that there are substantial and relevant 
        issues which are not adequately presented by the group 
        representative.
          [(D) A verbatim transcript shall be taken of any oral 
        presentation made, and cross-examination conducted in 
        any informal hearing under this subsection. Such 
        transcript shall be available to the public.
  [(4)(A) The Administrator may, pursuant to rules prescribed 
by the Administrator, provide compensation for reasonable 
attorneys' fees, expert witness fees, and other costs of 
participating in a rulemaking proceeding for the promulgation 
of a rule under subsection (a) to any person--
          [(i) who represents an interest which would 
        substantially contribute to a fair determination of the 
        issues to be resolved in the proceeding, and
          [(ii) if--
                  [(I) the economic interest of such person is 
                small in comparison to the costs of effective 
                participation in the proceeding by such person, 
                or
                  [(II) such person demonstrates to the 
                satisfaction of the Administrator that such 
                person does not have sufficient resources 
                adequately to participate in the proceeding 
                without compensation under this subparagraph.
In determining for purposes of clause (i) if an interest will 
substantially contribute to a fair determination of the issues 
to be resolved in a proceeding, the Administrator shall take 
into account the number and complexity of such issues and the 
extent to which representation of such interest will contribute 
to widespread public participation in the proceeding and 
representation of a fair balance of interests for the 
resolution of such issues.
  [(B) In determining whether compensation should be provided 
to a person under subparagraph (A) and the amount of such 
compensation, the Administrator shall take into account the 
financial burden which will be incurred by such person in 
participating in the rulemaking proceeding. The Administrator 
shall take such action as may be necessary to ensure that the 
aggregate amount of compensation paid under this paragraph in 
any fiscal year to all persons who, in rulemaking proceedings 
in which they receive compensation, are persons who either--
          [(i) would be regulated by the proposed rule, or
          [(ii) represent persons who would be so regulated,
may not exceed 25 per centum of the aggregate amount paid as 
compensation under this paragraph to all persons in such fiscal 
year.]
          [(5) Paragraphs (1), (2), (3), and (4)] (3) 
        Application._Paragraphs (1) and (2) of this subsection 
        apply to the promulgation of a rule repealing, or 
        making a substantive amendment to, a rule promulgated 
        under subsection (a).
  (d) Effective Date.--(1) The Administrator shall specify in 
any rule under subsection (a) the date on which it shall take 
effect, which date shall be as soon as feasible.
  (2)(A) The Administrator may declare a proposed rule under 
subsection (a) to be effective upon its publication in the 
Federal Register and until the effective date of final action 
taken, in accordance with subparagraph (B), respecting such 
rule if--
          (i) the Administrator determines that--
                  (I) the manufacture, processing, distribution 
                in commerce, use, or disposal of the chemical 
                substance or mixture subject to such proposed 
                rule or any combination of such activities is 
                likely to result in an unreasonable risk of 
                serious or widespread injury to health or the 
                environment before such effective date; and
                  (II) making such proposed rule so effective 
                is necessary to protect the public interest; 
                and
          (ii) in the case of a proposed rule to prohibit the 
        manufacture, processing, or distribution of a chemical 
        substance or mixture because of the risk determined 
        under clause (i)(I), a court has in an action under 
        section 7 granted relief with respect to such risk 
        associated with such substance or mixture.
Such a proposed rule which is made so effective shall not, for 
purposes of judicial review, be considered final agency action.
  (B) If the Administrator makes a proposed rule effective upon 
its publication in the Federal Register, the Administrator 
shall, as expeditiously as possible, give interested persons 
prompt notice of such action[, provide reasonable opportunity, 
in accordance with paragraphs (2) and (3) of subsection (c), 
for a hearing on such rule,] in accordance with paragraph (2) 
of subsection (c), and either promulgate such rule (as proposed 
or with modifications) or revoke it[; and if such a hearing is 
requested, the Administrator shall commence the hearing within 
five days from the date such request is made unless the 
Administrator and the person making the request agree upon a 
later date for the hearing to begin, and after the hearing is 
concluded the Administrator shall, within ten days of the 
conclusion of the hearing, either promulgate such rule (as 
proposed or with modifications) or revoke it.]. Any rule 
promulgated under subsection (a) shall provide for a reasonable 
transition period.
  (e) Polychlorinated Biphenyls.--(1) Within six months after 
the effective date of this Act the Administrator shall 
promulgate rules to--
          (A) prescribe methods for the disposal of 
        polychlorinated biphenyls, and
          (B) require polychlorinated biphenyls to be marked 
        with clear and adequate warnings, and instructions with 
        respect to their processing, distribution in commerce, 
        use, or disposal or with respect to any combination of 
        such activities.
Requirements prescribed by rules under this paragraph shall be 
consistent with the requirements of paragraphs (2) and (3).
  (2)(A) Except as provided under subparagraph (B), effective 
one year after the effective date of this Act no person may 
manufacture, process, or distribute in commerce or use any 
polychlorinated biphenyl in any manner other than in a totally 
enclosed manner.
  (B) The Administrator may by rule authorize the manufacture, 
processing, distribution in commerce or use (or any combination 
of such activities) of any polychlorinated biphenyl in a manner 
other than in a totally enclosed manner if the Administrator 
finds that such manufacture, processing, distribution in 
commerce, or use (or combination of such activities) will not 
present an unreasonable risk of injury to health or the 
environment.
  (C) For the purposes of this paragraph, the term ``totally 
enclosed manner'' means any manner which will ensure that any 
exposure of human beings or the environment by the 
polychlorinated biphenyl will be insignificant as determined by 
the Administrator by rule.
  (3)(A) Except as provided in subparagraphs (B), (C), and 
(D)--
          (i) no person may manufacture any polychlorinated 
        biphenyl after two years after the effective date of 
        this Act, and
          (ii) no person may process or distribute in commerce 
        any polychlorinated biphenyl after two and one-half 
        years after such date.
  (B) Any person may petition the Administrator for an 
exemption from the requirements of subparagraph (A), and the 
Administrator may grant by rule such an exemption if the 
Administrator finds that--
          (i) an unreasonable risk of injury to health or 
        environment would not result, and
          (ii) good faith efforts have been made to develop a 
        chemical substance which does not present an 
        unreasonable risk of injury to health or the 
        environment and which may be substituted for such 
        polychlorinated biphenyl.
An exemption granted under this subparagraph shall be subject 
to such terms and conditions as the Administrator may prescribe 
and shall be in effect for such period (but not more than 1 
year from the date it is granted, except as provided in 
subparagraph (D)) as the Administrator may prescribe.
  (C) Subparagraph (A) shall not apply to the distribution in 
commerce of any polychlorinated biphenyl if such 
polychlorinated biphenyl was sold for purposes other than 
resale before two and one-half years after the date of 
enactment of this Act.
  (D) The Administrator may extend an exemption granted 
pursuant to subparagraph (B) that has not yet expired for a 
period not to exceed 60 days for the purpose of authorizing the 
Secretary of Defense and the Secretaries of the military 
departments to provide for the transportation into the customs 
territory of the United States of polychlorinated biphenyls 
generated by or under the control of the Department of Defense 
for purposes of their disposal, treatment, or storage in the 
customs territory of the United States if those polychlorinated 
biphenyls are already in transit from their storage locations 
but the Administrator determines, in the sole discretion of the 
Administrator, they would not otherwise arrive in the customs 
territory of the United States within the period of the 
original exemption. The Administrator shall promptly publish 
notice of such extension in the Federal Register.
  (4) Any rule under paragraph (1), (2)(B), or (3)(B) shall be 
promulgated in accordance with [paragraphs (2), (3), and (4) of 
subsection (c)] paragraph (2) of subsection (c).
  (5) This subsection does not limit the authority of the 
Administrator, under any other provision of this Act or any 
other Federal law, to take action respecting any 
polychlorinated biphenyl.
  (f) Mercury.--
          (1) Prohibition on sale, distribution, or transfer of 
        elemental mercury by federal agencies.--Except as 
        provided in paragraph (2), effective beginning on the 
        date of enactment of this subsection, no Federal agency 
        shall convey, sell, or distribute to any other Federal 
        agency, any State or local government agency, or any 
        private individual or entity any elemental mercury 
        under the control or jurisdiction of the Federal 
        agency.
          (2) Exceptions.--Paragraph (1) shall not apply to--
                  (A) a transfer between Federal agencies of 
                elemental mercury for the sole purpose of 
                facilitating storage of mercury to carry out 
                this Act; or
                  (B) a conveyance, sale, distribution, or 
                transfer of coal.
          (3) Leases of federal coal.--Nothing in this 
        subsection prohibits the leasing of coal.
  (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 Administrator may 
        grant an exemption from a requirement of a subsection 
        (a) rule for a specific use of a chemical 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 
                        essential use; or
                          (ii) the requirement, as applied with 
                        respect to the specific use, would 
                        significantly disrupt the national 
                        economy, national security, or critical 
                        infrastructure.
          (2) Procedure.--An exemption granted under paragraph 
        (1) shall be--
                  (A) supported by clear and convincing 
                evidence;
                  (B) preceded by public notice of the proposed 
                exemption and an opportunity for comment; and
                  (C) followed by notice of the granted 
                exemption--
                          (i) to the public, by the 
                        Administrator; 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 period not to exceed 
        5 years, but may be renewed for one or more additional 
        5-year periods if the Administrator finds that the 
        requirements of paragraph (1) continue to be met.
          (4) Conditions.--The Administrator shall impose 
        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 extent feasible.
  (i) Chemicals That Are Persistent, Bioaccumulative, and 
Toxic.--
          (1) Identification.--Not later than 9 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 compound, 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 
                general population or to a potentially exposed 
                subpopulation identified by the Administrator.
          (3) Expedited action.--Notwithstanding subsection 
        (b)(2), subject to the availability of appropriations, 
        not later than 2 years after designating a chemical 
        substance under paragraph (2), the Administrator 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 manufacturer 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. 7. IMMINENT HAZARDS.

  (a) Actions Authorized and Required.--(1) The Administrator 
may commence a civil action in an appropriate district court of 
the United States--
          (A) for seizure of an imminently hazardous chemical 
        substance or mixture or any article containing such a 
        substance or mixture,
          (B) for relief (as authorized by subsection (b)) 
        against any person who manufactures, processes, 
        distributes in commerce, or uses, or disposes of, an 
        imminent hazardous chemical substance or mixture or any 
        article containing such a substance or mixture, or
          (C) for both such seizure and relief.
A civil action may be commenced under this paragraph 
notwithstanding the existence of [a rule under section 4, 5, 6, 
or title IV or an order under section 5 or title IV] 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, and 
notwithstanding the pendency of any administrative or judicial 
proceeding under any provision of this Act.
  (2) If the Administrator has not made a rule under section 
6(a) immediately effective (as authorized by subsection 
6(d)(2)(A)(i)) with respect to an imminently hazardous chemical 
substance or mixture, the Administrator shall commence in a 
district court of the United States with respect to such 
substance or mixture or article containing such substance or 
mixture a civil action described in subparagraph (A), (B), or 
(C) of paragraph (1).
  (b) Relief Authorized.--(1) The district court of the United 
States in which an action under subsection (a) is brought shall 
have jurisdiction to grant such temporary or permanent relief 
as may be necessary to protect health or the environment from 
the unreasonable risk associated with the chemical substance, 
mixture, or article involved in such action.
  (2) In the case of an action under subsection (a) brought 
against a person who manufactures, processes, or distributes in 
commerce a chemical substance or mixture or an article 
containing a chemical substance or mixture, the relief 
authorized by paragraph (1) may include the issuance of a 
mandatory order requiring (A) in the case of purchasers of such 
substance, mixture, or article known to the defendant, 
notification to such purchasers of the risk associated with it; 
(B) public notice of such risk; (C) recall; (D) the replacement 
or repurchase of such substance, mixture, or article; or (E) 
any combination of the actions described in the preceding 
clauses.
  (3) In the case of an action under subsection (a) against a 
chemical substance, mixture, or article, such substance, 
mixture, or article may be proceeded against by process of 
libel for its seizure and condemnation. Proceedings in such an 
action shall conform as nearly as possible to proceedings in 
rem in admiralty.
  (c) Venue and Consolidation.--(1)(A) An action under 
subsection (a) against a person who manufactures, processes, or 
distributes a chemical substance or mixture or an article 
containing a chemical substance or mixture may be brought in 
the United States District Court for the District of Columbia 
or for any judicial district in which any of the defendants is 
found, resides, or transacts business; and process in such an 
action may be served on a defendant in any other district in 
which such defendant resides or may be found. An action under 
subsection (a) against a chemical substance, mixture, or 
article may be brought in any United States district court 
within the jurisdiction of which the substance, mixture, or 
article is found.
  (B) In determining the judicial district in which an action 
may be brought under subsection (a) in instances in which such 
action may be brought in more than one judicial district, the 
Administrator shall take into account the convenience of the 
parties.
  (C) Subpoenas requiring attendance of witnesses in an action 
brought under subsection (a) may be served in any judicial 
district.
  (2) Whenever proceedings under subsection (a) involving 
identical chemical substances, mixtures, or articles are 
pending in courts in two or more judicial districts, they shall 
be consolidated for trial by order of any such court upon 
application reasonably made by any party in interest, upon 
notice to all parties in interest.
  (d) Action Under Section 6.--Where appropriate, concurrently 
with the filing of an action under subsection (a) or as soon 
thereafter as may be practicable, the Administrator shall 
initiate a proceeding for the promulgation of a rule under 
section 6(a).
  (e) Representation.--Notwithstanding any other provision of 
law, in any action under subsection (a), the Administrator may 
direct attorneys of the Environmental Protection Agency to 
appear and represent the Administrator in such an action.
  (f) Definition.--For the purposes of subsection (a), the term 
``imminently hazardous chemical substance or mixture'' means a 
chemical substance or mixture which presents an imminent and 
unreasonable risk of serious or widespread injury to health or 
the environment. Such a risk to health or the environment shall 
be considered imminent if it is shown that the manufacture, 
processing, distribution in commerce, use, or disposal of the 
chemical substance or mixture, or that any combination of such 
activities, is likely to result in such injury to health or the 
environment before a final rule under section 6 can protect 
against such risk.

SEC. 8. REPORTING AND RETENTION OF INFORMATION.

  (a) Reports.--(1) The Administrator shall promulgate rules 
under which--
          (A) each person (other than a small manufacturer or 
        processor) who manufactures or processes or proposes to 
        manufacture or process a chemical substance (other than 
        a chemical substance described in subparagraph (B)(ii) 
        shall maintain such records, and shall submit to the 
        Administrator such reports, as the Administrator may 
        reasonably require, and
          (B) each person (other than a small manufacturer or 
        processor) who manufactures or processes or proposes to 
        manufacture or process--
                  (i) a mixture, or
                  (ii) a chemical substance in small quantities 
                (as defined by the Administrator by rule) 
                solely for purposes of scientific 
                experimentation or analysis or chemical 
                research on, or analysis of, such substance or 
                another substance, including any such research 
                or analysis for the development of a product,
        shall maintain records and submit to the Administrator 
        reports but only to the extent the Administrator 
        determines the maintenance of records or submission of 
        reports, or both, is necessary for the effective 
        enforcement of this Act.
The Administrator may not require in a rule promulgated under 
this paragraph the maintenance of records or the submission of 
reports with respect to changes in the proportions of the 
components of a mixture unless the Administrator finds that the 
maintenance of such records or the submission of such reports, 
or both, is necessary for the effective enforcement of this 
Act. For purposes of the compilation of the list of chemical 
substances required under subsection (b), the Administrator 
shall promulgate rules pursuant to this subsection not later 
than 180 days after the effective date of this Act.
  (2) The Administrator may require under paragraph (1) 
maintenance of records and reporting with respect to the 
following insofar as known to the person making the report or 
insofar as reasonably ascertainable:
          (A) The common or trade name, the chemical identity, 
        and molecular structure of each chemical substance or 
        mixture for which such a report is required.
          (B) The categories or proposed categories of use of 
        each such substance or mixture.
          (C) The total amount of each substance and mixture 
        manufactured or processed, reasonable estimates of the 
        total amount to be manufactured or processed, the 
        amount manufactured or processed for each of its 
        categories of use, and reasonable estimates of the 
        amount to be manufactured or processed for each of its 
        categories of use or proposed categories of use.
          (D) A description of the byproducts resulting from 
        the manufacture, processing, use, or disposal of each 
        such substance or mixture.
          (E) All existing data concerning the environmental 
        and health effects of such substance or mixture.
          (F) The number of individuals exposed, and reasonable 
        estimates of the number who will be exposed, to such 
        substance or mixture in their places of employment and 
        the duration of such exposure.
          (G) In the initial report under paragraph (1) on such 
        substance or mixture, the manner or method of its 
        disposal, and in any subsequent report on such 
        substance or mixture, any change in such manner or 
        method.
To the extent feasible, the Administrator shall not require 
under paragraph (1), any reporting which is unnecessary or 
duplicative.
  (3)(A)(i) The Administrator may by rule require a small 
manufacturer or processor of a chemical substance to submit to 
the Administrator such information respecting the chemical 
substance as the Administrator may require for publication of 
the first list of chemical substances required by subsection 
(b).
  (ii) The Administrator may by rule require a small 
manufacturer or processor of a chemical substance or mixture--
          (I) subject to a rule proposed or promulgated under 
        section 4, 5(b)(4), or 6, [or an order in effect under 
        section 5(e)], an order in effect under section 4 or 
        5(e), or a consent agreement under section 4, or
          (II) with respect to which relief has been granted 
        pursuant to a civil action brought under section 5 or 
        7,
to maintain such records on such substance or mixture, and to 
submit to the Administrator such reports on such substance or 
mixture, as the Administrator may reasonably require. A rule 
under this clause requiring reporting may require reporting 
with respect to the matters referred to in paragraph (2).
  (B) The Administrator, after consultation with the 
Administrator of the Small Business Administration, shall by 
rule prescribe standards for determining the manufacturers and 
processors which qualify as small manufacturers and processors 
for purposes of this paragraph and paragraph (1).
  (b) Inventory.--(1) The Administrator shall compile, keep 
current, and publish a list of each chemical substance which is 
manufactured or processed in the United States. Such list shall 
at least include each chemical substance which any person 
reports, under section 5 or subsection (a) of this section, is 
manufactured or processed in the United States. Such list may 
not include any chemical substance which was not manufactured 
or processed in the United States within three years before the 
effective date of the rules promulgated pursuant to the last 
sentence of subsection (a)(1). In the case of a chemical 
substance for which a notice is submitted in accordance with 
section 5, such chemical substance shall be included in such 
list as of the earliest date (as determined by the 
Administrator) on which such substance was manufactured or 
processed in the United States. The Administrator shall first 
publish such a list not later than 315 days after the effective 
date of this Act. The Administrator shall not include in such 
list any chemical substance which is manufactured or processed 
only in small quantities (as defined by the Administrator by 
rule) solely for purposes of scientific experimentation or 
analysis or chemical research on, or analysis of, such 
substance or another substance, including such research or 
analysis for the development of a product.
  (2) To the extent consistent with the purposes of this Act, 
the Administrator may, in lieu of listing, pursuant to 
paragraph (1), a chemical substance individually, list a 
category of chemical substances in which such substance is 
included.
  (c) Records.--Any person who manufactures, processes, or 
distributes in commerce any chemical substance or mixture shall 
maintain records of significant adverse reactions to health or 
the environment, as determined by the Administrator by rule, 
alleged to have been caused by the substance or mixture. 
Records of such adverse reactions to the health of employees 
shall be retained for a period of 30 years from the date such 
reactions were first reported to or known by the person 
maintaining such records. Any other record of such adverse 
reactions shall be retained for a period of five years from the 
date the information contained in the record was first reported 
to or known by the person maintaining the record. Records 
required to be maintained under this subsection shall include 
records of consumer allegations of personal injury or harm to 
health, reports of occupational disease or injury, and reports 
or complaints of injury to the environment submitted to the 
manufacturer, processor, or distributor in commerce from any 
source. Upon request of any duly designated representative of 
the Administrator, each person who is required to maintain 
records under this subsection shall permit the inspection of 
such records and shall submit copies of such records.
  (d) Health and Safety Studies.--The Administrator shall 
promulgate rules under which the Administrator shall require 
any person who manufactures, processes, or distributes in 
commerce or who proposes to manufacture, process, or distribute 
in commerce any chemical substance or mixture (or with respect 
to paragraph (2), any person who has possession of a study) to 
submit to the Administrator--
          (1) lists of health and safety studies (A) conducted 
        or initiated by or for such person with respect to such 
        substance or mixture at any time, (B) known to such 
        person, or (C) reasonably ascertainable by such person, 
        except that the Administrator may exclude certain types 
        or categories of studies from the requirements of this 
        subsection if the Administrator finds that submission 
        of lists of such studies are unnecessary to carry out 
        the purposes of this Act; and
          (2) copies of any study contained on a list submitted 
        pursuant to paragraph (1) or otherwise known by such 
        person.
  (e) Notice to Administrator of Substantial Risks.--Any person 
who manufactures, processes, or distributes in commerce a 
chemical substance or mixture and who obtains information which 
reasonably supports the conclusion that such substance or 
mixture presents a substantial risk of injury to health or the 
environment shall immediately inform the Administrator of such 
information unless such person has actual knowledge that the 
Administrator has been adequately informed of such information.
  (f) Definitions.--For purposes of this section, the terms 
``manufacture'' and ``process'' mean manufacture or process for 
commercial purposes.

SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS.

  (a) Laws Not Administered by the Administrator.--(1) If the 
Administrator has reasonable basis to conclude that the 
manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or mixture, or that any 
combination of such activities, presents or will present an 
unreasonable risk of injury to health or the environment and 
determines, in the Administrator's discretion, that such risk 
may be prevented or reduced to a sufficient extent by action 
taken under a Federal law not administered by the 
Administrator, the Administrator shall submit to the agency 
which administers such law a report which describes such risk 
and includes in such description a specification of the 
activity or combination of activities which the Administrator 
has reason to believe so presents such risk. Such report shall 
also request such agency--
          (A)(i) to determine if the risk described in such 
        report may be prevented or reduced to a sufficient 
        extent by action taken under such law, and
          (ii) if the agency determines that such risk may be 
        so prevented or reduced, to issue an order declaring 
        whether or not the activity or combination of 
        activities specified in the description of such risk 
        presents such risk; and
          (B) to respond to the Administrator with respect to 
        the matters described in subparagraph (A).
Any report of the Administrator shall include a detailed 
statement of the information on which it is based and shall be 
published in the Federal Register. The agency receiving a 
request under such a report shall make the requested 
determination, issue the requested order, and make the 
requested response within such time as the Administrator 
specifies in the request, but such time specified may not be 
less than 90 days from the date the request was made. The 
response of an agency shall be accompanied by a detailed 
statement of the findings and conclusions of the agency and 
shall be published in the Federal Register.
  (2) If the Administrator makes a report under paragraph (1) 
with respect to a chemical substance or mixture and the agency 
to which such report was made either--
          (A) issues an order declaring that the activity or 
        combination of activities specified in the description 
        of the risk described in the report does not present 
        the risk described in the report, or
          (B) initiates, within 90 days of the publication in 
        the Federal Register of the response of the agency 
        under paragraph (1), action under the law (or laws) 
        administered by such agency to protect against such 
        risk associated with such activity or combination of 
        activities,
the Administrator may not take any action under [section 6] 
section 6(a) or 7 with respect to such risk.
  (3) If the Administrator has initiated action under [section 
6] section 6(a) or 7 with respect to a risk associated with a 
chemical substance or mixture which was the subject of a report 
made to an agency under paragraph (1), such agency shall before 
taking action under the law (or laws) administered by it to 
protect against such risk consult with the Administrator for 
the purpose of avoiding duplication of Federal action against 
such risk.
  (b) Laws Administered by the Administrator.--[The 
Administrator shall coordinate] (1) The Administrator shall 
coordinate actions taken under this Act with actions taken 
under other Federal laws administered in whole or in part by 
the Administrator. If the Administrator determines that a risk 
to health or the environment associated with a chemical 
substance or mixture could be eliminated or reduced to a 
sufficient extent by actions taken under the authorities 
contained in such other Federal laws, the Administrator shall 
use such authorities to protect against such risk unless the 
Administrator determines, in the Administrator's discretion, 
that it is in the public interest to protect against such risk 
by actions taken under this Act. This subsection shall not be 
construed to relieve the Administrator of any requirement 
imposed on the Administrator by such other Federal laws.
  (2) In making a determination under paragraph (1) that it is 
in the public interest for the Administrator to take an action 
under this title with respect to a chemical substance or 
mixture rather than under another law administered in whole or 
in part by the Administrator, the Administrator 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.
  (c) Occupational Safety and Health.--In exercising any 
authority under this Act, the Administrator shall not, for 
purposes of section 4(b)(1) of the Occupational Safety and 
Health Act of 1970, be deemed to be exercising statutory 
authority to prescribe or enforce standards or regulations 
affecting occupational safety and health.
  (d) Coordination.--In administering this Act, the 
Administrator shall consult and coordinate with the Secretary 
of Health, Education, and Welfare and the heads of any other 
appropriate Federal executive department or agency, any 
relevant independent regulatory agency, and any other 
appropriate instrumentality of the Federal Government for the 
purpose of achieving the maximum enforcement of this Act while 
imposing the least burdens of duplicative requirements on those 
subject to the Act and for other purposes. The Administrator 
shall, in the report required by section 30, report annually to 
the Congress on actions taken to coordinate with such other 
Federal departments, agencies, or instrumentalities, and on 
actions taken to coordinate the authority under this Act with 
the authority granted under other Acts referred to in 
subsection (b).

           *       *       *       *       *       *       *


SEC. 11. INSPECTIONS AND SUBPOENAS.

  (a) In General.--For purposes of administering this Act, the 
Administrator, and any duly designated representative of the 
Administrator, may inspect any establishment, facility, or 
other premises in which chemical substances, mixtures, or 
products subject to title IV are manufactured, processed, 
stored, or held before or after their distribution in commerce 
and any conveyance being used to transport chemical substances, 
mixtures, such products, or such articles in connection with 
distribution in commerce. Such an inspection may only be made 
upon the presentation of appropriate credentials and of a 
written notice to the owner, operator, or agent in charge of 
the premises or conveyance to be inspected. A separate notice 
shall be given for each such inspection, but a notice shall not 
be required for each entry made during the period covered by 
the inspection. Each such inspection shall be commenced and 
completed with reasonable promptness and shall be conducted at 
reasonable times, within reasonable limits, and in a reasonable 
manner.
  (b) Scope.--(1) Except as provided in paragraph (2), an 
inspection conducted under subsection (a) shall extend to all 
things within the premises or conveyance inspected (including 
records, files, papers, processes, controls, and facilities) 
bearing on whether the requirements of this Act applicable to 
the chemical substances, mixtures, or products subject to title 
IV within such premises or conveyance have been complied with.
  (2) No inspection under subsection (a) shall extend to--
          (A) financial data,
          (B) sales data (other than shipment data),
          (C) pricing data,
          (D) personnel data, or
          (E) research data (other than data required by this 
        Act or under a [rule promulgated] rule promulgated, 
        order issued, or consent agreement entered into 
        thereunder),
unless, the nature and extent of such data are described with 
reasonable specificity in the written notice required by 
subsection (a) for such inspection.
  (c) Subpoenas.--In carrying out this Act, the Administrator 
may by subpoena require the attendance and testimony of 
witnesses and the production of reports, papers, documents, 
answers to questions, and other information that the 
Administrator deems necessary. Witnesses shall be paid the same 
fees and mileage that are paid witnesses in the courts of the 
United States. In the event of contumacy, failure, or refusal 
of any person to obey any such subpoena, any district court of 
the United States in which venue is proper shall have 
jurisdiction to order any such person to comply with such 
subpoena. Any failure to obey such an order of the court is 
punishable by the court as a contempt thereof.

           *       *       *       *       *       *       *


SEC. 14. DISCLOSURE OF DATA.

  (a) In General.--Except as provided by subsection (b), any 
information reported to, or otherwise obtained by, the 
Administrator (or any representative of the Administrator) 
under this Act, which is exempt from disclosure pursuant to 
subsection (a) of section 552 of title 5, United States Code, 
by reason of subsection (b)(4) of such section, shall, 
notwithstanding the provisions of any other section of this 
Act, not be disclosed by the Administrator or by any officer or 
employee of the United States, except that such information--
          (1) shall be disclosed to any officer or employee of 
        the United States--
                  (A) in connection with the official duties of 
                such officer or employee under any law for the 
                protection of health or the environment, or
                  (B) for specific law enforcement purposes;
          (2) shall be disclosed to contractors with the United 
        States and employees of such contractors if in the 
        opinion of the Administrator such disclosure is 
        necessary for the satisfactory performance by the 
        contractor of a contract with the United States entered 
        into on or after the date of enactment of this Act for 
        the performance of work in connection with this Act and 
        under such conditions as the Administrator may specify;
          (3) shall be disclosed if the Administrator 
        determines it necessary to protect health or the 
        environment against an unreasonable risk of injury to 
        health or the environment; [or]
          (4) may be disclosed when relevant in any proceeding 
        under this Act, except that disclosure in such a 
        proceeding shall be made in such manner as to preserve 
        confidentiality to the extent practicable without 
        impairing the proceeding[.];
          (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 professional 
                employed by a Federal or State agency in 
                response to an environmental release; or
                  (B) to a treating physician or other health 
                care professional to assist in the diagnosis or 
                treatment of 1 or more individuals.
In any proceeding under section 552(a) of title 5, United 
States Code, to obtain information the disclosure of which has 
been denied because of the provisions of this subsection, the 
Administrator may not rely on section 552(b)(3) of such title 
to sustain the Administrator's action.
  (b) Data From Health and Safety Studies.--(1) Subsection (a) 
does not prohibit the disclosure of--
          (A) any health and safety study which is submitted 
        under this Act with respect to--
                  (i) any chemical substance or mixture which, 
                on the date on which such study is to be 
                disclosed has been offered for commercial 
                distribution, or
                  (ii) any chemical substance or mixture for 
                which testing is required under section 4 or 
                for which notification is required under 
                section 5, and
          (B) any data reported to, or otherwise obtained by, 
        the Administrator from a health and safety study which 
        relates to a chemical substance or mixture described in 
        clause (i) or (ii) of subparagraph (A).
This paragraph does not authorize the release of any [data 
which discloses] data that disclose formulas (including 
molecular structures) of a chemical substance or mixture, 
processes used in the manufacturing or processing of a chemical 
substance or [mixture or,] mixture, or, in the case of a 
mixture, [the release of data disclosing] the portion of the 
mixture comprised by any of the chemical substances in the 
mixture.
  (2) If a request is made to the Administrator under 
subsection (a) of section 552 of title 5, United States Code, 
for information which is described in the first sentence of 
paragraph (1) and which is not information described in the 
second sentence of such paragraph, the Administrator may not 
deny such request on the basis of subsection (b)(4) of such 
section.
  (c)  [Designation and Release of Confidential Data.--] 
Designating and Substantiating Confidentiality._[(1) In 
submitting data under this Act, a manufacturer, processor, or 
distributor in commerce may (A) designate the data which such 
person believes is entitled to confidential treatment under 
subsection (a), and (B) submit such designated data separately 
from other data submitted under this Act. A designation under 
this paragraph shall be made in writing and in such manner as 
the Administrator may prescribe.] (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 designate the information which 
such person believes is entitled to protection under this 
section, and submit such designated information separately 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 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 information, 
        with 1 copy containing and 1 copy excluding the 
        information to which the request applies.
  (B) Designations made under subparagraph (A) after the date 
of enactment of the TSCA Modernization 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 information public 
under subparagraph (B), the Administrator shall notify, as 
appropriate and practicable, the manufacturer, processor, or 
distributor in commerce who designated the information under 
subparagraph (A) of the date on which such information will be 
made public unless a request for renewal is granted under 
subparagraph (B). 
  (2)(A) Except as provided by subparagraph (B), if the 
Administrator, for a reason other than the expiration of such 
designation pursuant to paragraph (1)(B), proposes to release 
for inspection data which has been designated under paragraph 
(1)(A), the Administrator shall notify, in writing and by 
certified mail, the manufacturer, processor, or distributor in 
commerce who submitted such data of the intent to release such 
data. If the release of such data is to be made pursuant to a 
request made under section 552(a) of title 5, United States 
Code, such notice shall be given immediately upon approval of 
such request by the Administrator. The Administrator may not 
release such data until the expiration of 30 days after the 
manufacturer, processor, or distributor in commerce submitting 
such data has received the notice required by this 
subparagraph.
  (B)(i) Subparagraph (A) shall not apply to the release of 
information under paragraph (1), (2), (3), [or (4)] (4), or (6) 
of subsection (a), except that the Administrator may not 
release data under paragraph (3) of subsection (a) unless the 
Administrator has notified each manufacturer, processor, and 
distributor in commerce who submitted such data of such 
release. Such notice shall be made in writing by certified mail 
at least 15 days before the release of such data, except that 
if the Administrator determines that the release of such data 
is necessary to protect against an imminent, unreasonable risk 
of injury to health or the environment, such notice may be made 
by such means as the Administrator determines will provide 
notice at least 24 hours before such release is made.
  (ii) Subparagraph (A) shall not apply to the release of 
information described in subsection (b)(1) other than 
information described in the second sentence of such 
subsection.
  (d) Criminal Penalty for Wrongful Disclosure.--(1) Any 
officer or employee of the United States or former officer or 
employee of the United States, who by virtue of such employment 
or official position has obtained possession of, or has access 
to, material the disclosure of which is prohibited by 
subsection (a), and who knowing that disclosure of such 
material is prohibited by such subsection, willfully 
disclosures the material in any manner to any person not 
entitled to receive it, shall be guilty of a misdemeanor and 
fined not more than $5,000 or imprisoned for not more than one 
year, or both. Section 1905 of title 18, United States Code, 
does not apply with respect to the publishing, divulging, 
disclosure, or making known of, or making available, 
information reported or otherwise obtained under this Act.
  (2) For the purposes of paragraph (1), any contractor with 
the United States who is furnished information as authorized by 
subsection (a)(2), and any employee of any such contractor, 
shall be considered to be an employee of the United States.
  (e) Access by Congress.--Notwithstanding any limitation 
contained in this section or any other provision of law, all 
information reported to or otherwise obtained by the 
Administrator (or any representative of the Administrator) 
under this Act shall be made available, upon written request of 
any duly authorized committee of the Congress, to such 
committee.
  (f) Prohibition.--No person who receives information as 
permitted under subsection (a) may use such information 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 construed to 
affect the applicability of State or Federal rules of evidence 
or procedure in any judicial proceeding.

SEC. 15. PROHIBITED ACTS.

   It shall be unlawful for any person to--
          (1) fail or refuse to comply with [(A) any rule 
        promulgated or order issued under section 4,] [(B) any 
        requirement prescribed by section 5 or 6,] [(C) any 
        rule promulgated or order issued under section 5 or 6, 
        or] [(D)] any requirement of this title or any rule 
        promulgated, order issued, or consent agreement entered 
        into under this title, or any requirement of title II 
        or any rule promulgated or order issued under title II;
          (2) use for commercial purposes a chemical substance 
        or mixture which such person knew or had reason to know 
        was manufactured, processed, or distributed in commerce 
        in violation of section 5 or 6, a rule or order under 
        section 5 or 6, or an order issued in action brought 
        under section 5 or 7;
          (3) fail or refuse to (A) establish or maintain 
        records, (B) submit reports, notices, or other 
        information, or (C) permit access to or copying of 
        records, as required by this Act or a rule thereunder; 
        or
          (4) fail or refuse to permit entry or inspection as 
        required by section 11.

           *       *       *       *       *       *       *


SEC. 18. PREEMPTION.

  (a) Effect on State Law.--(1) Except as provided in paragraph 
(2), nothing in this Act shall affect the authority of any 
State or political subdivision of a State to establish or 
continue in effect regulation of any chemical substance, 
mixture, or article containing a chemical substance or mixture.
  (2) Except as provided in subsection (b)--
          (A) if the Administrator requires by a [rule 
        promulgated] rule, order, or consent agreement under 
        section 4 the testing of a chemical substance or 
        mixture, no State or political subdivision may, after 
        the effective date of [such rule] such rule, order, or 
        consent agreement, establish or continue in effect a 
        requirement for the testing of such substance or 
        mixture for purposes similar to those for which testing 
        is required under [such rule] such rule, order, or 
        consent agreement [; and];
          [(B) if the Administrator prescribes a rule or order 
        under section 5 or 6 (other than a rule imposing a 
        requirement described in subsection (a)(6) of section 
        6) which is applicable to a chemical substance or 
        mixture, and which is designed to protect against a 
        risk of injury to health or the environment associated 
        with such substance or mixture, no State or political 
        subdivision of a State may, after the effective date of 
        such requirement, establish or continue in effect, any 
        requirement which is applicable to such substance or 
        mixture, or an article containing such substance or 
        mixture, and which is designed to protect against such 
        risk unless such requirement (i) is identical to the 
        requirement prescribed by the Administrator, (ii) is 
        adopted under the authority of the Clean Air Act or any 
        other Federal law, or (iii) prohibits the use of such 
        substance or mixture in such State or political 
        subdivision (other than its use in the manufacture or 
        processing of other substances or mixtures).]
          (B) if the Administrator makes a final determination 
        under section 6(b) that a chemical substance will not 
        present an unreasonable risk of injury to health or the 
        environment under the intended condition of use, no 
        State or political subdivision may, after the date of 
        publication of such determination, establish or 
        continue in effect any requirement that applies 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 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 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 requirement, 
        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 political 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 mixture either under the 
        intended conditions of use considered by the 
        Administrator in the risk evaluation under section 6(b) 
        or from a use identified in a notice received by the 
        Administrator under section 5(a), or, in the case of a 
        requirement imposed pursuant to section 6(i), is 
        designed to protect against a risk of injury considered 
        by the Administrator in 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.
  (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 assessed 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 violation by 
        the State and the Administrator combined to exceed the 
        maximum amount that may be assessed for that violation 
        by the Administrator under section 16.
  (b) Exemption.--Upon application of a State or political 
subdivision of a State the Administrator may by rule exempt 
from subsection (a)(2), under such conditions as may be 
prescribed in such rule, a requirement of such State or 
political subdivision designed to protect against a risk of 
injury to health or the environment associated with a chemical 
substance, mixture, or article containing a chemical substance 
or mixture if--
          (1) compliance with the requirement would not cause 
        the manufacturing, processing, distribution in 
        commerce, or use of the substance, mixture, or article 
        to be in violation of the applicable requirement under 
        this Act described in subsection (a)(2), and
          (2) the State or political subdivision requirement 
        (A) provides a significantly higher degree of 
        protection from such risk than the requirement under 
        this Act described in subsection (a)(2) and (B) does 
        not, through difficulties in marketing, distribution, 
        or other factors, unduly burden interstate commerce.
  (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 manufacturing, 
        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 
        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 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 
        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 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 
        actions for damages under State law.

SEC. 19. JUDICIAL REVIEW.

  (a) In General.--(1)[(A) Not later than 60 days after the 
date of the promulgation of a rule] Not later than 60 days 
after the date on which a rule is promulgated under section 
4(a), 5(a)(2), 5(b)(4), 6(a), 6(e), or 8, or under title II or 
IV, or the date on which an order is issued under section 4, 
any person may file a petition for judicial review of [such 
rule] such rule or order with the United States Court of 
Appeals for the District of Columbia Circuit or for the circuit 
in which such person resides or in which such person's 
principal place of business is located. Courts of appeals of 
the United States shall have exclusive jurisdiction of any 
action to obtain judicial review (other than in an enforcement 
proceeding) of [such a rule] such a rule or order if any 
district court of the United States would have had jurisdiction 
of such action but for this subparagraph.
  [(B) Courts of appeals of the United States shall have 
exclusive jurisdiction of any action to obtain judicial review 
(other than in an enforcement proceeding) of an order issued 
under subparagraph (A) or (B) of section 6(b)(1) if any 
district court of the United States would have had jurisdiction 
of such action but for this subparagraph.]
  (2) Copies of any petition filed under paragraph (1)(A) shall 
be transmitted forthwith to the Administrator and to the 
Attorney General by the clerk of the court with which such 
petition was filed. The provisions of section 2112 of title 28, 
United States Code, shall apply to the filing of the rulemaking 
record of proceedings on which the Administrator based [the 
rule] the rule or order being reviewed under this section and 
to the transfer of proceedings between United States courts of 
appeals.
  (3) For purposes of this section, the term ``rulemaking 
record'' means--
          (A) [the rule] the rule or order being reviewed under 
        this section;
          (B) in the case of [a rule under section 4(a)] a rule 
        or order under section 4(a), the finding required by 
        such section, in the case of a rule under section 
        5(b)(4), the finding required by such section, in the 
        case of a rule under section 6(a) the finding required 
        by section 5(f) or 6(a), as the case may be, in the 
        case of a rule under section 6(a), the statement 
        required by section 6(c)(1), and in the case of a rule 
        under section 6(e), the findings required by paragraph 
        (2)(B) or (3)(B) of such section, as the case may be 
        and in the case of a rule under title IV, the finding 
        required for the issuance of such a rule;
          (C) any transcript required to be made of oral 
        presentations made in proceedings for the promulgation 
        of [such rule] such rule or order;
          (D) any written submission of interested parties 
        respecting the promulgation of [such rule] such rule or 
        order; and
          (E) any other information which the Administrator 
        considers to be relevant [to such rule] to such rule or 
        order and which the Administrator identified, on or 
        before [the date of the promulgation of such rule] the 
        date on which such rule is promulgated or such order is 
        issued, in a notice published in the Federal Register.
  (b) Additional Submissions and Presentations; 
Modifications.--If in an action under this section to [review a 
rule] review a rule, or an order under section 4, the 
petitioner or the Administrator applies to the court for leave 
to make additional oral submissions or written presentations 
respecting [such rule] such rule or order and shows to the 
satisfaction of the court that such submissions and 
presentations would be material and that there were reasonable 
grounds for the submissions and failure to make such 
submissions and presentations in the proceeding before the 
Administrator, the court may order the Administrator to provide 
additional opportunity to make such submissions and 
presentations. The Administrator may modify or set aside [the 
rule] the rule or order being reviewed or make a [new rule] new 
rule or order by reason of the additional submissions and 
presentations and shall file such modified or [new rule] new 
rule or order with the return of such submissions and 
presentations. The court shall thereafter review such new or 
[modified rule] modified rule or order.
  (c) Standard of Review.--(1)(A) Upon the filing of a petition 
under subsection (a)(1) for judicial review of [a rule] a rule, 
or an order under section 4, the court shall have jurisdiction 
(i) to grant appropriate relief, including interim relief, as 
provided in chapter 7 of title 5, United States Code, and (ii) 
except as otherwise provided in subparagraph (B), to review 
[such rule] such rule or order in accordance with chapter 7 of 
title 5, United States Code.
  (B) Section 706 of title 5, United States Code, shall apply 
to review of [a rule] a rule or order under this section, 
except that--
          (i) in the case of review of a rule under section 
        4(a), 5(b)(4), 6(a), or 6(e), or an order under section 
        4, the standard for review prescribed by paragraph 
        (2)(E) of such section 706 shall not apply and the 
        court shall hold unlawful and set aside [such rule] 
        such rule or order if the court finds that [the rule] 
        the rule or order is not supported by substantial 
        evidence in the rulemaking record (as defined in 
        subsection (a)(3)) taken as a whole[;]; and
          [(ii) in the case of review of a rule under section 
        6(a), the court shall hold unlawful and set aside such 
        rule if it finds that--
                  [(I) a determination by the Administrator 
                under section 6(c)(3) that the petitioner 
                seeking review of such rule is not entitled to 
                conduct (or have conducted) cross-examination 
                or to present rebuttal submissions, or
                  [(II) a rule of, or ruling by, the 
                Administrator under section 6(c)(3) limiting 
                such petitioner's cross-examination or oral 
                presentations,
        has precluded disclosure of disputed material facts 
        which was necessary to a fair determination by the 
        Administrator of the rulemaking proceeding taken as a 
        whole; and section 706(2)(D) shall not apply with 
        respect to a determination, rule, or ruling referred to 
        in subclause (I) or (II); and]
          [(iii)] (ii) the court may not review the contents 
        and adequacy of--
                  (I) any statement required to be made 
                pursuant to section 6(c)(1), or
                  (II) any statement of basis and purpose 
                required by section 553(c) of title 5, United 
                States Code, to be incorporated in the rule
        except as part of a review of the rulemaking record 
        taken as a whole.
The term ``evidence'' as used in clause (i) means any matter in 
the rulemaking record.
  (C) A determination, rule, or ruling of the Administrator 
described in subparagraph (B)(ii) may be reviewed only in an 
action under this section and only in accordance with such 
subparagraph.
  (2) The judgment of the court affirming or setting aside, in 
whole or in part, [any rule] any rule or order reviewed in 
accordance with this section shall be final, subject to review 
by the Supreme Court of the United States upon certiorari or 
certification, as provided in section 1254 of title 28, United 
States Code.
  (d) Fees and Costs.--The decision of the court in an action 
commenced under subsection (a), or of the Supreme Court of the 
United States on review of such a decision, may include an 
award of costs of suit and reasonable fees for attorneys and 
expert witnesses if the court determines that such an award is 
appropriate.
  (e) Other Remedies.--The remedies as provided in this section 
shall be in addition to and not in lieu of any other remedies 
provided by law.

SEC. 20. CITIZENS' CIVIL ACTIONS.

  (a) In General.--Except as provided in subsection (b), any 
person may commence a civil action--
          (1) against any person (including (A) the United 
        States, and (B) any other governmental instrumentality 
        or agency to the extent permitted by the eleventh 
        amendment to the Constitution) who is alleged to be in 
        violation of this Act or any rule promulgated under 
        section 4, 5, or 6, or title II or IV, or [order issued 
        under section 5] order issued under section 4 or 5 or 
        title II or IV to restrain such violation, or
          (2) against the Administrator to compel the 
        Administrator to perform any act or duty under this Act 
        which is not discretionary.
Any civil action under paragraph (1) shall be brought in the 
United States district court for the district in which the 
alleged violation occurred or in which the defendant resides or 
in which the defendant's principal place of business is 
located. Any action brought under paragraph (2) shall be 
brought in the United States District Court for the District of 
Columbia, or the United States district court for the judicial 
district in which the plaintiff is domiciled. The district 
courts of the United States shall have jurisdiction over suits 
brought under this section, without regard to the amount in 
controversy or the citizenship of the parties. In any civil 
action under this subsection process may be served on a 
defendant in any judicial district in which the defendant 
resides or may be found and subpoenas for witnesses may be 
served in any judicial district.
  (b) Limitation.--No civil action may be commenced--
          (1) under subsection (a)(1) to restrain a violation 
        of this Act or rule or order under this Act--
                  (A) before the expiration of 60 days after 
                the plaintiff has given notice of such 
                violation (i) to the Administrator, and (ii) to 
                the person who is alleged to have committed 
                such violation, or
                  (B) if the Administrator has commenced and is 
                diligently prosecuting a proceeding for the 
                issuance of an order under section 16(a)(2) to 
                require compliance with this Act or with such 
                rule or order or if the Attorney General has 
                commenced and is diligently prosecuting a civil 
                action in a court of the United States to 
                require compliance with this Act or with such 
                rule or order, but if such proceeding or civil 
                action is commenced after the giving of notice, 
                any person giving such notice may intervene as 
                a matter of right in such proceeding or action; 
                or
          (2) under subsection (a)(2) before the expiration of 
        60 days after the plaintiff has given notice to the 
        Administrator of the alleged failure of the 
        Administrator to perform an act or duty which is the 
        basis for such action or, in the case of an action 
        under such subsection for the failure of the 
        Administrator to file an action under section 7, before 
        the expiration of ten days after such notification.
Notice under this subsection shall be given in such manner as 
the Administrator shall prescribe by rule.
  (c) General.--(1) In any action under this section, the 
Administrator, if not a party, may intervene as a matter of 
right.
  (2) The court, in issuing any final order in any action 
brought pursuant to subsection (a), may award costs of suit and 
reasonable fees for attorneys and expert witnesses if the court 
determines that such an award is appropriate. Any court, in 
issuing its decision in an action brought to review such an 
order, may award costs of suit and reasonable fees for 
attorneys if the court determines that such an award is 
appropriate.
  (3) Nothing in this section shall restrict any right which 
any person (or class of persons) may have under any statute or 
common law to seek enforcement of this Act or any rule or order 
under this Act or to seek any other relief.
  (d) Consolidation.--When two or more civil actions brought 
under subsection (a) involving the same defendant and the same 
issues or violations are pending in two or more judicial 
districts, such pending actions, upon application of such 
defendants to such actions which is made to a court in which 
any such action is brought, may, if such court in its 
discretion so decides, be consolidated for trial by order 
(issued after giving all parties reasonable notice and 
opportunity to be heard) of such court and tried in--
          (1) any district which is selected by such defendant 
        and in which one of such actions is pending,
          (2) a district which is agreed upon by stipulation 
        between all the parties to such actions and in which 
        one of such actions is pending, or
          (3) a district which is selected by the court and in 
        which one of such actions is pending.
The court issuing such an order shall give prompt notification 
of the order to the other courts in which the civil actions 
consolidated under the order are pending.

SEC. 21. CITIZENS' PETITIONS.

  (a) In General.--Any person may petition the Administrator to 
initiate a proceeding for the issuance, amendment, or repeal of 
a rule under section 4, 6, or 8 or an [order under section 5(e) 
or (6)(b)(2)] order under section 4 or 5(e).
  (b) Procedures.--(1) Such petition shall be filed in the 
principal office of the Administrator and shall set forth the 
facts which it is claimed establish that it is necessary to 
issue, amend, or repeal a rule under section 4, 6, or 8 or an 
[order under section 5(e), 6(b)(1)(A), or 6(b)(1)(B)] order 
under section 4 or 5(e).
  (2) The Administrator may hold a public hearing or may 
conduct such investigation or proceeding as the Administrator 
deems appropriate in order to determine whether or not such 
petition should be granted.
  (3) Within 90 days after filing of a petition described in 
paragraph (1), the Administrator shall either grant or deny the 
petition. If the Administrator grants such petition, the 
Administrator shall promptly commence an appropriate proceeding 
in accordance with section 4, 5, 6, or 8. If the Administrator 
denies such petition, the Administrator shall publish in the 
Federal Register the Administrator's reasons for such denial.
  (4)(A) If the Administrator denies a petition filed under 
this section (or if the Administrator fails to grant or deny 
such petition within the 90-day period) the petitioner may 
commence a civil action in a district court of the United 
States to compel the Administrator to initiate a rulemaking 
proceeding as requested in the petition. Any such action shall 
be filed within 60 days after the Administrator's denial of the 
petition or, if the Administrator fails to grant or deny the 
petition within 90 days after filing the petition, within 60 
days after the expiration of the 90-day period.
  (B) In an action under subparagraph (A) respecting a petition 
to initiate a proceeding to issue a rule under section 4, 6, or 
8 or an [order under section 5(e) or 6(b)(2)] order under 
section 4 or 5(e), the petitioner shall be provided an 
opportunity to have such petition considered by the court in a 
de novo proceeding. If the petitioner demonstrates to the 
satisfaction of the court by a preponderance of the evidence 
that--
          (i) in the case of a petition to initiate a 
        proceeding for the issuance of a rule under section 4 
        or an [order under section 5(e)] order under section 4 
        or 5(e)--
                  (I) information available to the 
                Administrator is insufficient to permit a 
                reasoned evaluation of the health and 
                environmental effects of the chemical substance 
                to be subject to such rule or order; and
                  (II) in the absence of such information, the 
                substance may present an unreasonable risk to 
                health or the environment, or the substance is 
                or will be produced in substantial quantities 
                and it enters or may reasonably be anticipated 
                to enter the environment in substantial 
                quantities or there is or may be significant or 
                substantial human exposure to it; or
          (ii) in the case of a petition to initiate a 
        proceeding for the issuance of a rule under section 6 
        or 8 [or an order under section 6(b)(2)], there is a 
        reasonable basis to conclude that the issuance of such 
        a rule or order is necessary to protect health or the 
        environment against an unreasonable risk of injury to 
        health or the environment;
the court shall order the Administrator to initiate the action 
requested by the petitioner. If the court finds that the extent 
of the risk to health or the environment alleged by the 
petitioner is less than the extent of risks to health or the 
environment with respect to which the Administrator is taking 
action under this Act and there are insufficient resources 
available to the Administrator to take the action requested by 
the petitioner, the court may permit the Administrator to defer 
initiating the action requested by the petitioner until such 
time as the court prescribes.
  (C) The court in issuing any final order in any action 
brought pursuant to subparagraph (A) may award costs of suit 
and reasonable fees for attorneys and expert witnesses if the 
court determines that such an award is appropriate. Any court, 
in issuing its decision in an action brought to review such an 
order, may award costs of suit and reasonable fees for 
attorneys if the court determines that such an award is 
appropriate.
  (5) The remedies under this section shall be in addition to, 
and not in lieu of, other remedies provided by law.

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SEC. 24. EMPLOYMENT EFFECTS.

  (a) In General.--The Administrator shall evaluate on a 
continuing basis the potential effects on employment (including 
reductions in employment or loss of employment from threatened 
plant closures) of--
          (1) the issuance of a rule or order under section 4, 
        5, or 6, or
          (2) a requirement of section 5 or 6.
  (b)(1) Investigations.--Any employee (or any representative 
of an employee) may request the Administrator to make an 
investigation of--
          (A) a discharge or layoff or threatened discharge or 
        layoff of the employee, or
          (B) adverse or threatened adverse effects on the 
        employee's employment,
allegedly resulting from a rule or order under section 4, 5, or 
6 or a requirement of section 5 or 6. Any such request shall be 
made in writing, shall set forth with reasonable particularity 
the grounds for the request, and shall be signed by the 
employee, or representative of such employee, making the 
request.
  (2)(A) Upon receipt of a request made in accordance with 
paragraph (1) the Administrator shall (i) conduct the 
investigation requested, and (ii) if requested by any 
interested person, hold public hearings on any matter involved 
in the investigation unless the Administrator, by order issued 
within 45 days of the date such hearings are requested, denies 
the request for the hearings because the Administrator 
determines there are no reasonable grounds for holding such 
hearings. If the Administrator makes such a determination, the 
Administrator shall notify in writing the person requesting the 
hearing of the determination and the reasons therefor and shall 
publish the determination and the reasons therefor in the 
Federal Register.
  (B) If public hearings are to be held on any matter involved 
in an investigation conducted under this subsection--
          (i) at least five days' notice shall be provided the 
        person making the request for the investigation and any 
        person identified in such request, and
          [(ii) such hearings shall be held in accordance with 
        section 6(c)(3), and]
          [(iii)] (ii) each employee who made or for whom was 
        made a request for such hearings and the employer of 
        such employee shall be required to present information 
        respecting the applicable matter referred to in 
        paragraph (1)(A) or (1)(B) together with the basis for 
        such information.
  (3) Upon completion of an investigation under paragraph (2), 
the Administrator shall make findings of fact, shall make such 
recommendations as the Administrator deems appropriate, and 
shall make available to the public such findings and 
recommendations.
  (4) This section shall not be construed to require the 
Administrator to amend or repeal any rule or order in effect 
under this Act.

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SEC. 26. ADMINISTRATION OF THE ACT.

  (a) Cooperation of Federal Agencies.--Upon request by the 
Administrator, each Federal department and agency is 
authorized--
          (1) to make its services, personnel, and facilities 
        available (with or without reimbursement) to the 
        Administrator to assist the Administrator in the 
        administration of this Act; and
          (2) to furnish to the Administrator such information, 
        data, estimates, and statistics, and to allow the 
        Administrator access to all information in its 
        possession as the Administrator may reasonably 
        determine to be necessary for the administration of 
        this Act.
  (b) Fees.--(1) The Administrator may, by rule, require the 
payment [of a reasonable fee] from any person required to 
submit data under section 4 or 5 of a fee that is sufficient 
and not more than reasonably necessary , or who requests a risk 
evaluation under section 6(b)(3)(A)(ii), to defray the cost of 
administering [this Act] the provision of this title for which 
such fee is collected. [Such rules shall not provide for any 
fee in excess of $2,500 or, in the case of a small business 
concern, any fee in excess of $100.] Such rules shall provide 
for lower fees for small business concerns. In setting a fee 
under this paragraph, the Administrator shall take into account 
the ability to pay of the person required to submit the data 
and the cost to the Administrator of reviewing such data. Such 
rules may provide for sharing such a fee in any case in which 
the expenses of testing are shared under section 4 or 5.
  (2) The Administrator, after consultation with the 
Administrator of the Small Business Administration, shall by 
rule prescribe standards for determining the persons which 
qualify as small business concerns for purposes of paragraph 
(1).
  (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 Secretary of the Treasury 
        shall transfer from the Fund to the Administrator 
        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 
        collected under paragraph (1).
          (D) Use of funds by administrator.--Amounts 
        equivalent to fees collected by the Administrator and 
        deposited in the Fund under this section shall be 
        available without fiscal year limitation to the 
        Administrator, subject to the availability of 
        appropriations, 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 Committee 
                on Environment and Public Works of the Senate 
                and the Committee on Energy and Commerce 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 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 component 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 
                                subsection;
                                  (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 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 submit to the Administrator a 
                        report that describes the findings and 
                        any recommendations of the Inspector 
                        General resulting from the audit.
  (c) Action With Respect to Categories.--(1) Any action 
authorized or required to be taken by the Administrator under 
any provision of this Act with respect to a chemical substance 
or mixture may be taken by the Administrator in accordance with 
that provision with respect to a category of chemical 
substances or mixtures. Whenever the Administrator takes action 
under a provision of this Act with respect to a category of 
chemical substances or mixtures, any reference in this Act to a 
chemical substance or mixture (insofar as it relates to such 
action) shall be deemed to be a reference to each chemical 
substance or mixture in such category.
  (2) For purposes of paragraph (1):
          (A) The term ``category of chemical substances'' 
        means a group of chemical substances the members of 
        which are similar in molecular structure, in physical, 
        chemical, or biological properties, in use, or in mode 
        of entrance into the human body or into the 
        environment, or the members of which are in some other 
        way suitable for classification as such for purposes of 
        this Act, except that such term does not mean a group 
        of chemical substances which are grouped together 
        solely on the basis of their being new chemical 
        substances.
          (B) The term ``category of mixtures'' means a group 
        of mixtures the members of which are similar in 
        molecular structure, in physical, chemical, or 
        biological 1properties, in use, or in the mode of 
        entrance into the human body or into the environment, 
        or the members of which are in some other way suitable 
        for classification as such for purposes of this Act.
  (d) Assistance Office.--The Administrator shall establish in 
the Environmental Protection Agency an identifiable office to 
provide technical and other nonfinancial assistance to 
manufacturers and processors of chemical substances and 
mixtures respecting the requirements of this Act applicable to 
such manufacturers and processors, the policy of the Agency 
respecting the application of such requirements to such 
manufacturers and processors, and the means and methods by 
which such manufacturers and processors may comply with such 
requirements.
  (e) Financial Disclosures.--(1) Except as provided under 
paragraph (3), each officer or employee of the Environmental 
Protection Agency and the Department of Health, Education, and 
Welfare who--
          (A) performs any function or duty under this Act, and
          (B) has any known financial interest (i) in any 
        person subject to this Act or any rule or order in 
        effect under this Act, or (ii) in any person who 
        applies for or receives any grant or contract under 
        this Act,
shall, on February 1, 1978, and on February 1 of each year 
thereafter, file with the Administrator or the Secretary of 
Health, Education, and Welfare (hereinafter in this subsection 
referred to as the ``Secretary''), as appropriate, a written 
statement concerning all such interests held by such officer or 
employee during the preceding calendar year. Such statement 
shall be made available to the public.
  (2) The Administrator and the Secretary shall--
          (A) act within 90 days of the effective date of this 
        Act--
                  (i) to define the term ``known financial 
                interests'' for purposes of paragraph (1), and
                  (ii) to establish the methods by which the 
                requirement to file written statements 
                specified in paragraph (1) will be monitored 
                and enforced, including appropriate provisions 
                for review by the Administrator and the 
                Secretary of such statements; and
          (B) report to the Congress on June 1, 1978, and on 
        June 1 of each year thereafter with respect to such 
        statements and the actions taken in regard thereto 
        during the preceding calendar year.
  (3) The Administrator may by rule identify specific positions 
with the Environmental Protection Agency, and the Secretary may 
by rule identify specific positions with the Department of 
Health, Education, and Welfare, which are of a nonregulatory or 
nonpolicy-making nature, and the Administrator and the 
Secretary may by rule provide that officers or employees 
occupying such positions shall be exempt from the requirements 
of paragraph (1).
  (4) This subsection does not supersede any requirement of 
chapter 11 of title 18, United States Code.
  (5) Any officer or employee who is subject to, and knowingly 
violates, this subsection or any rule issued thereunder, shall 
be fined not more than $2,500 or imprisoned not more than one 
year, or both.
  (f) Statement of Basis and Purpose.--Any final order issued 
under this Act shall be accompanied by a statement of its basis 
and purpose. The contents and adequacy of any such statement 
shall not be subject to judicial review in any respect.
  (g) Assistant Administrator.--(1) The President, by and with 
the advice and consent of the Senate, shall appoint an 
Assistant Administrator for Toxic Substances of the 
Environmental Protection Agency. Such Assistant Administrator 
shall be a qualified individual who is, by reason of background 
and experience, especially qualified to direct a program 
concerning the effects of chemicals on human health and the 
environment. Such Assistant Administrator shall be responsible 
for (A) the collection of data, (B) the preparation of studies, 
(C) the making of recommendations to the Administrator for 
regulatory and other actions to carry out the purposes and to 
facilitate the administration of this Act, and (D) such other 
functions as the Administrator may assign or delegate.
  (2) The Assistant Administrator to be appointed under 
paragraph (1) shall be in addition to the Assistant 
Administrators of the Environmental Protection Agency 
authorized by section 1(d) of Reorganization Plan No. 3 of 
1970.
  (h) Scientific Standards.--In carrying out sections 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 technical 
        procedures, measures, methods, or models employed to 
        generate the information are reasonable for and 
        consistent with the use of the information;
          (2) the extent to which the information is relevant 
        for the Administrator's use in making a decision about 
        a chemical substance or mixture;
          (3) the degree of clarity and completeness with which 
        the data, assumptions, methods, quality assurance, and 
        analyses employed to generate the information are 
        documented;
          (4) the extent to which the variability and 
        uncertainty 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 Administrator shall 
make decisions under sections 4, 5, and 6 based on the weight 
of the scientific evidence.
  (j) Availability of Information.--Subject to section 14, the 
Administrator shall make available to the public 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 Modernization Act of 
        2015, the Administrator shall develop any 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 
                paragraph (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 
                necessary 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 
                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 
                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 
                section 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 Administrator shall 
        update and resubmit the report described in paragraph 
        (1) not less frequently than once every 5 years.

SEC. 27. DEVELOPMENT AND EVALUATION OF TEST METHODS.

  (a) In General.--The Secretary of Health, Education, and 
Welfare in consultation with the Administrator and acting 
through the Assistant Secretary for Health, may conduct, and 
make grants to public and nonprofit private entities and enter 
into contracts with public and private entities for, projects 
for the development and evaluation of inexpensive and efficient 
methods (1) for determining and evaluating the health and 
environmental effects of chemical substances and mixtures, and 
their toxicity, persistence, and other characteristics which 
affect health and the environment, and (2) which may be used 
for the development of test data to meet the requirements of 
[rules promulgated] rules, orders, or consent agreements under 
section 4. The Administrator shall consider such methods in 
prescribing under section 4 standards for the development of 
test data.
  (b) Approval by Secretary.--No grant may be made or contract 
entered into under subsection (a) unless an application 
therefor has been submitted to and approved by the Secretary. 
Such an application shall be submitted in such form and manner 
and contain such information as the Secretary may require. The 
Secretary may apply such conditions to grants and contracts 
under subsection (a) as the Secretary determines are necessary 
to carry out the purposes of such subsection. Contracts may be 
entered into under such subsection without regard to sections 
3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 
5).

           *       *       *       *       *       *       *


SEC. 30. ANNUAL REPORT.

   The Administrator shall prepare and submit to the President 
and the Congress on or before January 1, 1978, and on or before 
January 1 of each succeeding year a comprehensive report on the 
administration of this Act during the preceding fiscal year. 
Such report shall include--
          (1) a list of the testing required under section 4 
        during the year for which the report is made and an 
        estimate of the costs incurred during such year by the 
        persons required to perform such tests;
          (2) the number of notices received during such year 
        under section 5, the number of such notices received 
        during such year under such section for chemical 
        substances subject to a section 4 [rule] rule, order, 
        or consent agreement, and a summary of any action taken 
        during such year under section 5(g);
          (3) a list of rules issued during such year under 
        section 6;
          (4) a list, with a brief statement of the issues, of 
        completed or pending judicial actions under this Act 
        and administrative actions under section 16 during such 
        year;
          (5) a summary of major problems encountered in the 
        administration of this Act; and
          (6) such recommendations for additional legislation 
        as the Administrator deems necessary to carry out the 
        purposes of this Act.

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