,,ii ,calendar ,no4 #adc #aadth ,,congress #ast ,session ,h4 ,r4 #begf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjae,received ,july #h1 #bjae,read twice and placed on the calendar ,,an ,,act ,to modernize the ,toxic ,substances ,control ,act1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,tsca ,modernization ,act of #bjae4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,testing of chemical substances and mixtures4 ,sec4 #d4 ,regulation of hazardous chemical substances and mixtures4 ,sec4 #e4 ,relationship to other ,federal laws4 ,sec4 #f4 ,disclosure of data4 ,sec4 #g4 ,effect on ,state law4 ,sec4 #h4 ,administration of the ,act4 ,sec4 #i4 ,conforming amendments4 #b4 ,definitions ,section #c of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb7 is amended-- 7#a7 by redesignating paragraphs 7#g7 through 7#ad7 as paragraphs 7#h7 through 7#aj7 and 7#ab7 through 7#af71 respectively2 7#b7 by inserting after paragraph 7#f7 the following3 7#g7 ,the term intended conditions of use means the circumstances under which a chemical substance is intended1 known1 or reasonably foreseeable to be manufactured1 processed1 distributed in commerce1 used1 and disposed of4 2 and 7#c7 by inserting after paragraph 7#aj71 as so redesignated1 the following3 7#aa7 ,the term potentially exposed subpopulation means a group of individuals within the general population who1 due to either greater susceptibility or greater potential exposure1 are likely to be at greater risk than the general population of adverse health effects from exposure to a chemical substance4 4 #c4 ,testing of chemical substances and mixtures ,section #d of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjc7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a77iii71 by striking 2 or and inserting a semicolon2 7,b7 in subparagraph 7,b77iii71 by striking 2 and and inserting 2 or2 and 7,c7 by adding at the end the following3 7,c7 testing of a chemical substance is necessary to conduct a risk evaluation under section #f7;b72 and 2 7#b7 in the matter following subsection 7a77#b71 by inserting 1 order1 or consent agreement after by rule2 and 7#c7 in subsection 7b77#e71 by striking paragraph 7#a77;,a7 or 7#a77;,b7 and inserting paragraph 7#a77;,a71 7#a77;,b71 or 7#a77;,c74 #d4 ,regulation of hazardous chemical substances and mixtures 7a7 ,scope of regulation ,section #f7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7;a77 is amended-- 7#a7 by striking finds that there is a reasonable basis to conclude and inserting determines under subsection 7b72 7#b7 by inserting or designates a chemical substance under subsection 7i77#b71 before the ,administrator shall by rule2 and 7#c7 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 risk1 including an identified unreasonable risk to a potentially exposed subpopulation4 7b7 ,risk evaluations ,section #f7;b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7;b77 is amended to read as follows3 7b7 ,risk evaluations 7#a7 ,in general ,the ,administrator shall conduct risk evaluations pursuant to this subsection to determine whether or not a chemical substance presents or will present1 in the absence of requirements under subsection 7a71 an unreasonable risk of injury to health or the environment4 7#b7 ,applying requirements ,the ,administrator shall apply requirements with respect to a chemical substance through a rule under subsection 7a7 only if the ,administrator determines through a risk evaluation under this subsection1 without consideration of costs or other non-risk factors1 that the chemical substance presents or will present1 in the absence of such requirements1 an unreasonable risk of injury to health or the environment4 7#c7 ,conducting risk evaluation 7,a7 ,required risk evaluations ,the ,administrator shall conduct and publish the results of a risk evaluation under this subsection for a chemical substance if-- 7i7 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 use2 or 7ii7 a manufacturer of the chemical substance requests such a risk evaluation in a form and manner prescribed by the ,administrator4 7,b7 ,,tsca ,work ,plan chemicals ,the ,administrator may1 without making a determination under subparagraph 7,a77i71 conduct and publish the results of a risk evaluation under this subsection for a chemical substance that1 on the date of enactment of the ,,tsca ,modernization ,act of #bjae1 is listed in the ,,tsca ,work ,plan for ,chemical ,assessments published by the ,administrator4 7#d7 ,requirements ,in conducting a risk evaluation under this subsection1 the ,administrator shall-- 7,a7 integrate and assess information on hazards and exposures for all of the intended conditions of use of the chemical substance1 including information that is relevant to specific risks of injury to health or the environment and information on potentially exposed subpopulations2 7,b7 not consider information on cost and other factors not directly related to health or the environment2 7,c7 take into account1 where relevant1 the likely duration1 intensity1 frequency1 and number of exposures under the intended conditions of use of the chemical substance2 7,d7 describe the weight of the scientific evidence for identified hazard and exposure2 7,e7 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 occur2 and 7,f7 in the case of a risk evaluation requested by a manufacturer under paragraph 7#c77;,a77ii71 ensure that the costs to the ,environmental ,protection ,agency1 including contractor costs1 of conducting the risk evaluation are paid for by the manufacturer4 7#e7 ,deadlines 7,a7 ,risk evaluations ,the ,administrator shall conduct and publish a risk evaluation under this subsection for a chemical substance as soon as reasonably possible1 subject to the availability of resources1 but not later than-- 7i7 #c years after the date on which the ,administrator-- 7,i7 makes a determination under paragraph 7#c77;,a77i72 or 7,,ii7 begins the risk evaluation under paragraph 7#c77;,b72 or 7ii7 in the case of a risk evaluation requested by a manufacturer under paragraph 7#c77;,a77ii71 #b years after the later of the date on which-- 7,i7 the manufacturer requests the risk evaluation2 or 7,,ii7 if applicable1 the risk evaluation is initiated pursuant to subparagraph 7,b74 7,b7 ,deadline adjustment ,if the ,administrator receives more requests for risk evaluations under paragraph 7#c77;,a77ii7 than the ,administrator has resources to conduct by the deadline under subparagraph 7,a77ii77,i7 7taking into account the requirement in paragraph 7#d77;,f771 the ,administrator shall-- 7i7 initiate risk evaluations that exceed the ,administrator's allotted resources as soon as resources for such risk evaluations are available2 and 7ii7 not collect a fee under section #bf from the manufacturer for a risk evaluation until the ,administrator initiates the risk evaluation4 7,c7 ,subsection 7a7 rules ,if1 based on a risk evaluation conducted under this subsection1 the ,administrator determines1 without consideration of costs or other non-risk factors1 that a chemical substance presents or will present1 in the absence of a rule under subsection 7a71 an unreasonable risk of injury to health or the environment1 the ,administrator shall-- 7i7 propose a rule under subsection 7a7 for the chemical substance not later than #a year after the date on which the risk evaluation regarding such chemical substance is published under subparagraph 7,a72 and 7ii7 publish in the ,federal ,register a final rule not later than #b years after the date on which the risk evaluation regarding such chemical substance is published under subparagraph 7,a74 7,d7 ,extension ,if the ,administrator determines that additional information is necessary to make a risk evaluation determination under this subsection1 the ,administrator may extend the deadline under subparagraph 7,a7 accordingly1 except that the deadline may not be extended to a date that is later than-- 7i7 #ij days after receipt of such additional information2 or 7ii7 #b years after the deadline being extended under this subparagraph4 7#f7 ,determinations of no unreasonable risk 7,a7 ,notice and comment ,not later than #cj 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 environment1 the ,administrator shall make a preliminary determination to such effect and provide public notice of1 and an opportunity for comment regarding1 such preliminary determination4 7,b7 ,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 substance1 under the intended conditions of use1 presents or will present an unreasonable risk of injury to one or more potentially exposed subpopulations4 7,c7 ,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 action4 7#g7 ,minimum number ,subject to the availability of appropriations1 the ,administrator shall initiate #aj or more risk evaluations under paragraphs 7#c77;,a77i7 or 7#c77;,b7 in each fiscal year beginning in the fiscal year of the date of enactment of the ,,tsca ,modernization ,act of #bjae4 4 7c7 ,promulgation of subsection 7a7 rules ,section #f7;c7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7;c77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,requirements for rule ,in promulgating any rule under subsection 7a7 with respect to a chemical substance or mixture1 the ,administrator shall-- 7,a7 consider and publish a statement with respect to-- 7i7 the effects of the chemical substance or mixture on health and the magnitude of the exposure of human beings to the chemical substance or mixture2 7ii7 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 mixture2 7iii7 the benefits of the chemical substance or mixture for various uses2 and 7iv7 the reasonably ascertainable economic consequences of the rule1 including consideration of the likely effect of the rule on the national economy1 small business1 technological innovation1 the environment1 and public health2 7,b7 impose requirements under the rule that the ,administrator determines1 consistent with the information published under subparagraph 7,a71 are cost-effective1 except where the ,administrator determines that additional or different requirements described in subsection 7a7 are necessary to protect against the identified risk2 7,c7 based on the information published under subparagraph 7,a71 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 action1 determine whether technically and economically feasible alternatives that benefit health or the environment1 compared to the use so proposed to be prohibited or restricted1 will be reasonably available as a substitute when the proposed prohibition or other restriction takes effect2 7,d7 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 risk1 including identified risk to identified potentially exposed subpopulations2 and 7,e7 in selecting among prohibitions and other restrictions to address an identified risk1 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 risk4 2 7#b7 in paragraph 7#b7-- 7,a7 by inserting ,procedures4-- before ,when prescribing a rule2 7,b7 by striking provide an opportunity for an informal hearing in accordance with paragraph 7#c72 7,d72 7,c7 by striking 1 and 7,e7 and inserting 2 and 7,d72 and 7,d7 by moving such paragraph #b ems to the right2 7#c7 by striking paragraphs 7#c7 and 7#d7 and redesignating paragraph 7#e7 as paragraph 7#c72 and 7#d7 in paragraph 7#c7 7as so redesignated7-- 7,a7 by striking ,paragraphs 7#a71 7#b71 7#c71 and 7#d7 and inserting ,application4--,paragraphs 7#a7 and 7#b72 and 7,b7 by moving such paragraph #b ems to the right4 7d7 ,effective date ,section #f7;d77#b77;,b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7;d77#b77;,b77 is amended by adding at the end the following3 ,any rule promulgated under subsection 7a7 shall provide for a reasonable transition period44 7e7 ,non-,risk factors2 critical use exemptions2 ,,pbt chemicals ,section #f of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7 is amended by adding at the end the following3 7g7 ,non-,risk factors ,the ,administrator shall not consider costs or other non-risk factors when deciding whether to initiate a rulemaking under subsection 7a74 7h7 ,critical use exemptions 7#a7 ,criteria for exemption ,the ,administrator may grant an exemption from a requirement of a subsection 7a7 rule for a specific use of a chemical substance or mixture1 if-- 7,a7 the requirement is not cost-effective with respect to the specific use1 as determined by the ,administrator pursuant to subsection 7c77#a77;,b72 and 7,b7 the ,administrator finds that-- 7i7 the specific use is a critical or essential use2 or 7ii7 the requirement1 as applied with respect to the specific use1 would significantly disrupt the national economy1 national security1 or critical infrastructure4 7#b7 ,procedure ,an exemption granted under paragraph 7#a7 shall be-- 7,a7 supported by clear and convincing evidence2 7,b7 preceded by public notice of the proposed exemption and an opportunity for comment2 and 7,c7 followed by notice of the granted exemption-- 7i7 to the public1 by the ,administrator2 and 7ii7 to known commercial purchasers of the chemical substance or mixture with respect to which the exemption applies1 by the manufacturers and processors of such chemical substance or mixture4 7#c7 ,period of exemption ,an exemption granted under paragraph 7#a7 shall expire after a period not to exceed #e years1 but may be renewed for one or more additional #e-year periods if the ,administrator finds that the requirements of paragraph 7#a7 continue to be met4 7#d7 ,conditions ,the ,administrator shall impose conditions on any use for which an exemption is granted under paragraph 7#a7 to reduce risk from the chemical substance or mixture to the greatest extent feasible4 7i7 ,chemicals that are persistent1 bioaccumulative1 and toxic 7#a7 ,identification ,not later than #i months after the date of enactment of the ,,tsca ,modernization ,act of #bjae1 the ,administrator shall publish a list of those chemical substances that the ,administrator has a reasonable basis to conclude are persistent1 bioaccumulative1 and toxic1 not including any chemical substance that is a metal1 a metal compound1 or subject to subsection 7e74 7#b7 ,confirmation of concern ,not later than #b years after the date of enactment of the ,,tsca ,modernization ,act of #bjae1 the ,administrator shall designate as a ,,pbt chemical of concern each chemical substance on the list published under paragraph 7#a7-- 7,a7 that1 with respect to persistence and bioaccumulation1 scores high for one and either high or moderate for the other1 pursuant to the ,,tsca ,work ,plan ,chemicals ,methods ,document published by the ,administrator in ,february #bjab2 and 7,b7 exposure to which is likely to the general population or to a potentially exposed subpopulation identified by the ,administrator4 7#c7 ,expedited action ,notwithstanding subsection 7b77#b71 subject to the availability of appropriations1 not later than #b years after designating a chemical substance under paragraph 7#b71 the ,administrator shall promulgate a rule under subsection 7a7 with respect to the chemical substance to reduce likely exposure to the extent practicable4 7#d7 ,relationship to subsection 7b7 ,if1 at any time prior to the date that is #ij days after the date on which the ,administrator publishes the list under paragraph 7#a71 the ,administrator makes a finding under subsection 7b77#c77;,a77i71 or a manufacturer requests a risk evaluation under subsection 7b77#c77;,a77ii71 with respect to a chemical substance1 such chemical substance shall not be subject to this subsection4 4 #e4 ,relationship to other ,federal laws ,section #i7;b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjh7;b77 is amended-- 7#a7 by striking ,the ,administrator shall coordinate and inserting 7#a7 ,the ,administrator shall coordinate2 and 7#b7 by adding at the end the following3 7#b7 ,in making a determination under paragraph 7#a7 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 ,administrator1 the ,administrator shall consider the relevant risks1 and compare the estimated costs and efficiencies1 of the action to be taken under this title and an action to be taken under such other law to protect against such risk4 4 #f4 ,disclosure of data ,section #ad of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfac7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking or at the end of paragraph 7#c72 7,b7 by striking the period at the end of paragraph 7#d7 and inserting a semicolon2 and 7,c7 by adding after paragraph 7#d7 the following new paragraphs3 7#e7 may be disclosed to a ,state1 local1 or tribal government official upon request of the official for the purpose of administration or enforcement of a law2 and 7#f7 shall be disclosed upon request-- 7,a7 to a health or environmental professional employed by a ,federal or ,state agency in response to an environmental release2 or 7,b7 to a treating physician or other health care professional to assist in the diagnosis or treatment of one or more individuals4 2 7#b7 in subsection 7b77#a71 in the matter following subparagraph 7,b7-- 7,a7 by striking data which discloses and inserting data that disclose formulas 7including molecular structures7 of a chemical substance or mixture12 7,b7 by striking mixture or1 and inserting mixture1 or12 and 7,c7 by striking the release of data disclosing2 7#c7 in subsection 7c7-- 7,a7 by striking the subsection heading and inserting ,designating and substantiating confidentiality4--2 7,b7 by amending paragraph 7#a7 to read as follows3 7#a7 7,a7 ,in submitting information under this ,act after date of enactment of the ,,tsca ,modernization ,act of #bjae1 a manufacturer1 processor1 or distributor in commerce shall designate the information which such person believes is entitled to protection under this section1 and submit such designated information separately from other information submitted under this ,act4 ,a designation under this subparagraph shall be made in writing and in such manner as the ,administrator may prescribe1 and shall include-- 7i7 justification for each designation of confidentiality2 7ii7 a certification that the information is not otherwise publicly available2 and 7iii7 separate copies of all submitted information1 with one copy containing and one copy excluding the information to which the request applies4 7,b7 ,designations made under subparagraph 7,a7 after the date of enactment of the ,,tsca ,modernization ,act of #bjae shall expire after #aj years1 at which time the information shall be made public unless the manufacturer1 processor1 or distributor in commerce has reasserted the claim for protection1 in writing and in such manner as the ,administrator may prescribe1 including all of the elements required for the initial submission4 7,c7 ,not later than #fj days prior to making information public under subparagraph 7,b71 the ,administrator shall notify1 as appropriate and practicable1 the manufacturer1 processor1 or distributor in commerce who designated the information under subparagraph 7,a7 of the date on which such information will be made public unless a request for renewal is granted under subparagraph 7,b74 2 and 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting 1 for a reason other than the expiration of such designation pursuant to paragraph 7#a77;,b71 before proposes to release2 and 7ii7 in subparagraph 7,b77i71 by striking or 7#d7 and inserting 7#d71 or 7#f72 and 7#d7 by adding at the end the following new subsections3 7f7 ,prohibition ,no person who receives information as permitted under subsection 7a7 may use such information for any purpose not specified in such subsection1 nor disclose such information to any person not authorized to receive such information4 7g7 ,savings ,nothing in this section shall be construed to affect the applicability of ,state or ,federal rules of evidence or procedure in any judicial proceeding4 4 #g4 ,effect on ,state law 7a7 ,in general ,section #ah7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfag7;a77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking 2 and and inserting a semicolon2 7#b7 by striking paragraph 7#b77;,b7 and inserting the following3 7,b7 if the ,administrator makes a final determination under section #f7;b7 that a chemical substance will not present an unreasonable risk of injury to health or the environment under the intended condition of use1 no ,state or political subdivision may1 after the date of publication of such determination1 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 #f7;b71 and is designed to protect against exposure to such chemical substance under the intended conditions of use1 unless the requirement of the ,state or political subdivision-- 7i7 is adopted under the authority of a ,federal law2 or 7ii7 is adopted to protect air or water quality or is related to waste treatment or waste disposal1 except that this clause does not apply to such a requirement if a provision of this title1 or an action or determination made by the ,administrator under this title1 actually conflicts with the requirement2 and 7,c7 if the ,administrator imposes a requirement1 through a rule or order under section #e or #f1 that applies to a chemical substance or mixture 7other than a requirement described in section #f7;a77#f77 and is designed to protect against a risk of injury to health or the environment associated with such chemical substance or mixture1 no ,state or political subdivision may1 after the effective date of such requirement1 establish or continue in effect any requirement that applies to such chemical substance or mixture 7including a requirement that applies to an article because the article contains the chemical substance or mixture7 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 #f7;b7 or from a use identified in a notice received by the ,administrator under section #e7;a71 or1 in the case of a requirement imposed pursuant to section #f7;i71 is designed to protect against a risk of injury considered by the ,administrator in imposing such requirement1 unless the requirement of the ,state or political subdivision-- 7i7 is identical to the requirement imposed by the ,administrator2 7ii7 is adopted under the authority of a ,federal law2 or 7iii7 is adopted to protect air or water quality or is related to waste treatment or waste disposal1 except that this clause does not apply to such a requirement if a provision of this title1 or an action or determination made by the ,administrator under this title1 actually conflicts with the requirement4 2 and 7#c7 by adding at the end the following3 7#c7 ,in the case of an identical requirement described in paragraph 7#b77;,c77i7-- 7,a7 a ,state may not assess a penalty for a specific violation for which the ,administrator has assessed a penalty under section #af2 and 7,b7 if a ,state has assessed a penalty for a specific violation1 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 #af4 4 7b7 ,savings ,section #ah of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfag7 is amended by adding at the end the following3 7c7 ,savings 7#a7 ,prior ,state actions ,nothing in this title1 nor any risk evaluation1 rule1 order1 standard1 or requirement completed or implemented under this title1 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 or requirement that has taken effect-- 7,a7 before ,august #a1 #bjae1 under the authority of a ,state law that prohibits or otherwise restricts the manufacturing1 processing1 distribution in commerce1 use1 or disposal of a chemical substance2 or 7,b7 pursuant to a ,state law that was in effect on ,august #ca1 #bjjc1 unless an action or determination made by the ,administrator under this title actually conflicts with the action taken or requirement that has taken effect pursuant to such a ,state law4 7#b7 ,tort and contract law ,nothing in this title1 nor any risk evaluation1 rule1 order1 standard1 or requirement completed or implemented under this title1 shall be construed to preempt or otherwise affect either ,federal or ,state tort law or the law governing the interpretation of contracts of any ,state1 including any remedy for civil relief1 whether under statutory or common law1 including a remedy for civil damages1 and any cause of action for personal injury1 wrongful death1 property damage1 or other injury based on negligence1 strict liability1 products liability1 failure to warn1 or any other legal theory relating to tort law4 7#c7 ,intent of ,congress ,it is not the intent of ,congress that this title1 or rules1 regulations1 or orders issued pursuant to this title1 be interpreted as influencing1 in either a plaintiff's or defendant's favor1 the disposition of any civil action for damages in a ,state court1 or the authority of any court to make a determination in an adjudicatory proceeding under applicable ,state law with respect to the admissibility of evidence1 unless a provision of this title actually conflicts with the ,state court action4 7#d7 ,application ,for purposes of this title1 the term requirements does not include civil tort actions for damages under ,state law4 4 7c7 ,effect of actions by ,administrator ,nothing in this ,act1 or the amendments made by this ,act1 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 #f7;e74 #h4 ,administration of the ,act ,section #bf of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbe7 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 by striking of a reasonable fee2 7,b7 by inserting of a fee that is sufficient and not more than reasonably necessary after section #d or #e2 7,c7 by inserting 1 or who requests a risk evaluation under section #f7;b77#c77;,a77ii71 before to defray the cost2 7,d7 by striking this ,act and inserting the provision of this title for which such fee is collected2 and 7,e7 by striking ,such rules shall not provide for any fee in excess of #b1ejj or1 in the case of a small business concern1 any fee in excess of #ajj4 and inserting ,such rules shall provide for lower fees for small business concerns42 7#b7 by adding at the end of subsection 7b7 the following3 7#c7 ,fund 7,a7 ,establishment ,there is established in the ,treasury of the ,united ,states a revolving fund1 to be known as the ,,tsca ,service ,fee ,fund 7in this paragraph referred to as the ,fund71 consisting of such amounts as are deposited in the ,fund under this paragraph4 7,b7 ,collection and deposit of fees ,the ,administrator shall collect the fees described in paragraph 7#a7 and deposit those fees in the ,fund4 7,c7 ,crediting and availability of fees ,on request by the ,administrator1 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 ,agency1 including contractor costs1 in carrying out the provisions of this title for which the fees are collected under paragraph 7#a74 7,d7 ,use of funds by ,administrator ,fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations ,acts1 and shall be available without fiscal year limitation for use only in administering the provisions of this title for which the fees are collected4 7,e7 ,accounting and auditing 7i7 ,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 report1 as reflected by financial statements provided in accordance with sections #ceae and #ceba of title #ca1 ,united ,states ,code4 7ii7 ,auditing 7,i7 ,in general ,for the purpose of section #ceae7;c7 of title #ca1 ,united ,states ,code1 the ,fund shall be considered a component of a covered executive agency4 7,,ii7 ,components of audit ,the annual audit required in accordance with sections #ceae and #ceba of title #ca1 ,united ,states ,code1 of the financial statements of activities carried out using amounts from the ,fund shall include an analysis of-- 7aa7 the fees collected and amounts disbursed under this subsection2 7bb7 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 collected2 and 7cc7 the number of requests for a risk evaluation made by manufacturers under section #f7;b77#c77;,a77ii74 7,,iii7 ,federal responsibility ,the ,inspector ,general of the ,environmental ,protection ,agency shall conduct the annual audit described in subclause 7,,ii7 and submit to the ,administrator a report that describes the findings and any recommendations of the ,inspector ,general resulting from the audit4 2 and 7#c7 by adding at the end the following3 7h7 ,scientific standards ,in carrying out sections #d1 #e1 and #f1 to the extent that the ,administrator makes a decision based on science1 the ,administrator shall consider1 as applicable-- 7#a7 the extent to which the scientific and technical procedures1 measures1 methods1 or models employed to generate the information are reasonable for and consistent with the use of the information2 7#b7 the extent to which the information is relevant for the ,administrator's use in making a decision about a chemical substance or mixture2 7#c7 the degree of clarity and completeness with which the data1 assumptions1 methods1 quality assurance1 and analyses employed to generate the information are documented2 7#d7 the extent to which the variability and uncertainty in the information1 or in the procedures1 measures1 methods1 or models1 are evaluated and characterized2 and 7#e7 the extent of independent verification or peer review of the information or of the procedures1 measures1 methods1 or models4 7i7 ,weight of scientific evidence ,the ,administrator shall make decisions under sections #d1 #e1 and #f based on the weight of the scientific evidence4 7j7 ,availability of information ,subject to section #ad1 the ,administrator shall make available to the public all notices1 determinations1 findings1 rules1 and orders of the ,administrator under this title4 7k7 ,policies1 procedures1 and guidance 7#a7 ,development ,not later than #b years after the date of enactment of the ,,tsca ,modernization ,act of #bjae1 the ,administrator shall develop any policies1 procedures1 and guidance the ,administrator determines are necessary to carry out the amendments to this ,act made by the ,,tsca ,modernization ,act of #bjae4 7#b7 ,review ,not later than #e years after the date of enactment of the ,,tsca ,modernization ,act of #bjae1 and not less frequently than once every #e years thereafter1 the ,administrator shall-- 7,a7 review the adequacy of the policies1 procedures1 and guidance developed under paragraph 7#a71 including with respect to animal1 nonanimal1 and epidemiological test methods and procedures for assessing and determining risk under this title2 and 7,b7 revise such policies1 procedures1 and guidance as the ,administrator determines necessary to reflect new scientific developments or understandings4 7l7 ,report to ,congress 7#a7 ,initial report ,not later than #f months after the date of enactment of the ,,tsca ,modernization ,act of #bjae1 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-- 7,a7 the capacity of the ,environmental ,protection ,agency to conduct and publish risk evaluations under subparagraphs 7,a77i7 and 7,b7 of section #f7;b77#c71 and the resources necessary to initiate the minimum number of risk evaluations required under section #f7;b77#g72 7,b7 the capacity of the ,environmental ,protection ,agency to conduct and publish risk evaluations under section #f7;b77#c77;,a77ii71 the likely demand for such risk evaluations1 and the anticipated schedule for accommodating that demand2 7,c7 the capacity of the ,environmental ,protection ,agency to promulgate rules under section #f7;a7 as required based on risk evaluations conducted and published under section #f7;b72 and 7,d7 the actual and anticipated efforts of the ,environmental ,protection ,agency to increase the ,agency's capacity to conduct and publish risk evaluations under section #f7;b74 7#b7 ,subsequent reports ,the ,administrator shall update and resubmit the report described in paragraph 7#a7 not less frequently than once every #e years4 4 #i4 ,conforming amendments 7a7 ,section #d ,section #d of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjc7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking rule each place it appears and inserting rule1 order1 or consent agreement2 7,b7 in paragraph 7#b77;,b71 by striking rules and inserting rules1 orders1 and consent agreements2 7,c7 in paragraph 7#c71 by striking rule each place it appears and inserting rule1 order1 or consent agreement2 and 7,d7 in paragraph 7#d7-- 7i7 by striking rule under subsection 7a7 each place it appears and inserting rule1 order1 or consent agreement under subsection 7a72 7ii7 by striking repeals the rule each place it appears and inserting repeals the rule or order or modifies the consent agreement to terminate the requirement2 and 7iii7 by striking repeals the application of the rule and inserting repeals or modifies the application of the rule1 order1 or consent agreement2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking rule and inserting rule or order2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking a rule under subsection 7a7 or for which data is being developed pursuant to such a rule and inserting a rule1 order1 or consent agreement under subsection 7a7 or for which data are being developed pursuant to such a rule1 order1 or consent agreement2 7ii7 in subparagraph 7,b71 by striking such rule or which is being developed pursuant to such rule and inserting such rule1 order1 or consent agreement or which is being developed pursuant to such rule1 order1 or consent agreement2 and 7iii7 in the matter following subparagraph 7,b71 by striking the rule and inserting the rule or order2 7,c7 in paragraph 7#c77;,b77i71 by striking rule promulgated and inserting rule1 order1 or consent agreement2 and 7,d7 in paragraph 7#d7-- 7i7 by striking rule promulgated each place it appears and inserting rule1 order1 or consent agreement2 7ii7 by striking such rule each place it appears and inserting such rule1 order1 or consent agreement2 and 7iii7 in subparagraph 7,b71 by striking the rule and inserting the rule1 order1 or consent agreement2 7#c7 in subsection 7d71 by striking rule and inserting rule1 order1 or consent agreement2 and 7#d7 in subsection 7g71 by striking rule and inserting rule1 order1 or consent agreement4 7b7 ,section #e ,section #e of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking rule promulgated and inserting rule1 order1 or consent agreement2 and 7ii7 by striking such rule and inserting such rule1 order1 or consent agreement2 7,b7 in paragraph 7#a77;,b7-- 7i7 by striking rule promulgated and inserting rule or order2 and 7ii7 by striking the date of the submission in accordance with such rule and inserting the required date of submission2 and 7,c7 in paragraph 7#b77;,a77ii71 by striking rule promulgated and inserting rule1 order1 or consent agreement2 7#b7 in subsection 7d77#b77;,c71 by striking rule and inserting rule1 order1 or consent agreement2 and 7#c7 in subsection 7h77#d71 by striking paragraphs 7#b7 and 7#c7 of section #f7;c7 and inserting paragraph 7#b7 of section #f7;c74 7c7 ,section #f ,section #f of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7 is amended-- 7#a7 in subsection 7d77#b77;,b7-- 7,a7 by striking 1 provide reasonable opportunity1 in accordance with paragraphs 7#b7 and 7#c7 of subsection 7c71 for a hearing on such rule1 and inserting in accordance with paragraph 7#b7 of subsection 7c712 and 7,b7 by striking 2 and if such a hearing is requested and all that follows through or revoke it4 and inserting a period2 and 7#b7 in subsection 7e77#d71 by striking paragraphs 7#b71 7#c71 and 7#d7 of subsection 7c7 and inserting paragraph 7#b7 of subsection 7c74 7d7 ,section #g ,section #g7;a77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjf7;a77#a77 is amended1 in the matter following subparagraph 7,c71 by striking a rule under section #d1 #e1 #f1 or title ,,iv or an order under section #e or title ,,iv and inserting a rule under section #d1 #e1 or #f or title ,,iv1 an order under section #d or #e or title ,,iv1 or a consent agreement under section #d4 7e7 ,section #h ,section #h7;a77#c77;,a77ii77,i7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7;a77#c77;,a77ii77,i77 is amended by striking or an order in effect under section #e7;e7 and inserting 1 an order in effect under section #d or #e7;e71 or a consent agreement under section #d4 7f7 ,section #i ,section #i7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjh7;a77 is amended by striking section #f each place it appears and inserting section #f7;a74 7g7 ,section #aa ,section #aa7;b77#b77;,e7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfaj7;b77#b77;,e77 is amended by striking rule promulgated and inserting rule promulgated1 order issued1 or consent agreement entered into4 7h7 ,section #ae ,section #ae7a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfad7a77 is amended by striking 7,a7 any rule and all that follows through or 7,d7 and inserting any requirement of this title or any rule promulgated1 order issued1 or consent agreement entered into under this title1 or4 7i7 ,section #ah ,section #ah7;a77#b77;,a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfag7;a77#b77;,a77 is amended-- 7#a7 by striking rule promulgated and inserting rule1 order1 or consent agreement2 and 7#b7 by striking such rule each place it appears and inserting such rule1 order1 or consent agreement4 7j7 ,section #ai ,section #ai of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfah7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking 7,a7 ,not later than #fj days after the date of the promulgation of a rule and inserting ,not later than #fj days after the date on which a rule is promulgated2 7ii7 by inserting or the date on which an order is issued under section #d1 before any person2 7iii7 by striking such rule and inserting such rule or order2 and 7iv7 by striking such a rule and inserting such a rule or order2 7,b7 by striking paragraph 7#a77;,b72 7,c7 in paragraph 7#b71 by striking the rule and inserting the rule or order2 and 7,d7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking the rule and inserting the rule or order2 7ii7 in subparagraph 7,b71 by striking a rule under section #d7;a7 and inserting a rule or order under section #d7;a72 7iii7 in subparagraph 7,c71 by striking such rule and inserting such rule or order2 7iv7 in subparagraph 7,d71 by striking such rule and inserting such rule or order2 and 7v7 in subparagraph 7,e7-- 7,i7 by striking to such rule and inserting to such rule or order2 and 7,,ii7 by striking the date of the promulgation of such rule and inserting the date on which such rule is promulgated or such order is issued2 7#b7 in subsection 7b7-- 7,a7 by striking review a rule and inserting review a rule1 or an order under section #d12 7,b7 by striking such rule and inserting such rule or order2 7,c7 by striking the rule and inserting the rule or order2 7,d7 by striking new rule each place it appears and inserting new rule or order2 and 7,e7 by striking modified rule and inserting modified rule or order2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking a rule and inserting a rule1 or an order under section #d2 and 7,,ii7 by striking such rule and inserting such rule or order2 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking a rule and inserting a rule or order2 7,,ii7 in clause 7i7-- 7aa7 by inserting or an order under section #d1 before the standard for review2 7bb7 by striking such rule and inserting such rule or order2 7cc7 by striking the rule and inserting the rule or order2 and 7dd7 by striking the semicolon and inserting 2 and2 and 7,,iii7 by striking clause 7ii7 and redesignating clause 7iii7 as clause 7ii72 and 7,b7 in paragraph 7#b71 by striking any rule and inserting any rule or order4 7k7 ,section #bj ,section #bj7;a77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfai7;a77#a77 is amended by striking order issued under section #e and inserting order issued under section #d or #e4 7l7 ,section #ba ,section #ba of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbj7 is amended-- 7#a7 in subsection 7a71 by striking order under section #e7;e7 or 7#f77;b77#b7 and inserting order under section #d or #e7;e72 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking order under section #e7;e71 #f7;b77#a77;,a71 or #f7;b77#a77;,b7 and inserting order under section #d or #e7;e72 and 7,b7 in paragraph 7#d77;,b7-- 7i7 in the matter preceding clause 7i71 by striking order under section #e7;e7 or #f7;b77#b7 and inserting order under section #d or #e7;e72 7ii7 in clause 7i71 by striking order under section #e7;e7 and inserting order under section #d or #e7;e72 and 7iii7 in clause 7ii71 by striking or an order under section #f7;b77#b74 7m7 ,section #bd ,section #bd7;b77#b77;,b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbc7;b77#b77;,b77 is amended-- 7#a7 by inserting and at the end of clause 7i72 7#b7 by striking clause 7ii72 and 7#c7 by redesignating clause 7iii7 as clause 7ii74 7n7 ,section #bg ,section #bg7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbf7;a77 is amended by striking rules promulgated and inserting rules1 orders1 or consent agreements4 7o7 ,section #cj ,section #cj7b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbi7b77 is amended by striking rule and inserting rule1 order1 or consent agreement4 ,passed the ,house of ,representatives ,june #bc1 #bjae4,karen ,l4 ,haas1,clerk ,july #h1 #bjae,read twice and placed on the calendar