Sec. 8. Administration of the Act
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Section 26 of the Toxic Substances Control Act ( 15 U.S.C. 2625 ) is amended— in subsection (b)(1)— by striking of a reasonable fee ; by inserting of a fee that is sufficient and not more than reasonably necessary after section 4 or 5 ; by inserting , or who requests a risk evaluation under section 6(b)(3)(A)(ii), before to defray the cost ; by striking this Act and inserting the provision of this title for which such fee is collected ; and 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. ; by adding at the end of subsection
(b)the following: 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. The Administrator shall collect the fees described in paragraph
(1)and deposit those fees in the Fund. 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). 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. 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. 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. 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— the fees collected and amounts disbursed under this subsection; 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 the number of requests for a risk evaluation made by manufacturers under section 6(b)(3)(A)(ii). 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 by adding at the end the following: 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— 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; the extent to which the information is relevant for the Administrator’s use in making a decision about a chemical substance or mixture; the degree of clarity and completeness with which the data, assumptions, methods, quality assurance, and analyses employed to generate the information are documented; the extent to which the variability and uncertainty in the information, or in the procedures, measures, methods, or models, are evaluated and characterized; and the extent of independent verification or peer review of the information or of the procedures, measures, methods, or models. The Administrator shall make decisions under sections 4, 5, and 6 based on the weight of the scientific evidence. 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. 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 . 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— 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 revise such policies, procedures, and guidance as the Administrator determines necessary to reflect new scientific developments or understandings. 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— 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); 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; 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 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). The Administrator shall update and resubmit the report described in paragraph
(1)not less frequently than once every 5 years. .
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Sec. 8
Administration of the Act
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