Sec. 10. Relationship to other Federal laws
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/bill/113/s/696/is/section-10A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 9 of the Toxic Substances Control Act ( 15 U.S.C. 2608 ) is amended— in subsection (a)— by striking paragraphs
(1)and
(2)and inserting the following: If the Administrator determines that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance, or that any combination of those activities, does not meet a safety standard under this title or requires conditions or restrictions in order to the meet the safety standard, and the Administrator determines that action may be taken under a Federal law not administered by the Administrator to address the uses of, or exposure to, the chemical substance, the Administrator shall submit to the agency that administers the Federal law a report that— describes with specification the activity or combination of activities that prevent the chemical substance from meeting the safety standard or restrictions or conditions required to meet the safety standard under this title; requests that the agency— determine whether the 1 or more actions may be taken under Federal law administered by the agency; if the agency determines under clause
(i)that the 1 or more actions may be taken, initiate and provide a timetable for the 1 or more actions; and respond to the Administrator with respect to the matters described in the report; and includes a detailed statement of the information on which the report is based. A report of the Administrator submitted under subparagraph
(A)shall be promptly published in the Federal Register. Not later than 90 days after the date of receipt of a report from the Administrator under subparagraph (A), or by such earlier date as the Administrator may specify in such a report, an agency that receives the report shall— make all determinations requested by the Administrator in the report; take all action necessary to ensure that a chemical substance meets the safety standard under this title, if appropriate; include with the response of the agency a detailed statement of the findings and conclusions of the agency; and publish that statement in the Federal Register. If the Administrator submits a report under paragraph
(1)with respect to a chemical substance to an agency, and the agency that receives the report initiates, within the period specified in the request under paragraph (1), a civil action under Federal law administered by the agency to ensure that a chemical substance meets the safety standard under this title, or requires restrictions or conditions to meet that safety standard, the Administrator may not take action under this Act with respect to the civil action (other than any action taken pursuant to section 7). ; by redesignating paragraph
(3)as paragraph (4); by inserting after paragraph
(2)the following: The Administrator may, by order, initiate action or a combination of actions under this Act to ensure compliance with the safety standard for a chemical substance under this title if— the Administrator submits a report under paragraph
(1)with respect to a chemical substance; and the agency to which the report was submitted— determines that action cannot be taken under the authorities of the agency; does not initiate action, if appropriate, within the period specified in the request under paragraph (1); does not complete the action within the timeframe provided by the agency; or fails to respond. ; and in paragraph
(4)(as redesignated by subparagraph (B))— by striking
(4)If the Administrator has initiated action under section 6 or 7 and inserting the following: If the Administrator has initiated action under this Act ; and by striking against such risk after Federal action ; in subsection (c)— by striking the Administrator shall not and inserting Administrator— shall not ; and by striking the period at the end and inserting ; and ; and by adding at the end the following: shall ensure that any actions to address workplace exposures that the Administrator takes or requires to be taken by manufacturers or processors of a chemical substance are consistent with the industrial hygiene hierarchy of controls. ; and in subsection (d)— in the first sentence, by striking while imposing the least burden of duplicative requirements on those subject to the Act and for other purposes ; and in the second sentence, by striking , in the report required by section 30, .
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Sec. 10
Relationship to other Federal laws
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