Ban Toxic Dispersants Act of 2015

Ban Toxic Dispersants Act of 2015

This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise requirements governing the schedule of the National Contingency Plan for removal of oil and hazardous substances.

A dispersant, chemical, or other spill mitigating device or substance that is not included on the schedule may be used in carrying out the plan only if it is proposed to be included on the schedule.

The Environmental Protection Agency (EPA) must issue a revised regulation for the development of the schedule for the use of those devices and substances. In issuing the regulation, the EPA must: (1) establish minimum toxicity and efficacy testing criteria; (2) establish a requirement that the volume of oil or hazardous substance discharged, and the volume and location of any spill mitigating substance used, be measured and made publicly available on a daily basis; and (3) require the public disclosure of all ingredients of those substance. The EPA must: (1) require manufacturers of mitigating devices to study their risks and effectiveness; (2) provide a mechanism for the delisting of a substance or device that poses a risk to or impact on human health, water quality, or the environment; and (3) initiate a formal review of the potential risks and impacts associated with a substance or device prior to delisting it.

The EPA must: (1) study those potential risks and impacts, (2) impose a moratorium on approval of the use of dispersants until the study is complete, (3) review the schedule for the use of the devices and substances and revise it as necessary every five years, and (4) establish a schedule of fees to be collected from the manufacturers of the substances or devices to offset the costs of evaluating their use.