Sec. 19. Conforming amendments

2,044 words·~9 min read·/bill/114/hr/2576/eah/section-19

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The table of contents in section 1 of the Toxic Substances Control Act is amended— by striking the item relating to section 6 and inserting the following: Sec. 6. Prioritization, risk evaluation, and regulation of chemical substances and mixtures. ; by striking the item relating to section 10 and inserting the following: Sec. 10. Research, development, collection, dissemination, and utilization of information. ; by striking the item relating to section 14 and inserting the following:

Sec. 14. Confidential information. ; and by striking the item relating to section 25. Section 2(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2601(b)(1) ) is amended by striking data both places it appears and inserting information . Section 3 of the Toxic Substances Control Act ( 15 U.S.C. 2602 ) is amended— in paragraph

(8)(as redesignated by section 3 of this Act), by striking data and inserting information ; and in paragraph

(15)(as redesignated by section 3 of this Act)— by striking standards and inserting protocols and methodologies ; by striking test data both places it appears and inserting information ; and by striking data each place it appears and inserting information . Section 4 of the Toxic Substances Control Act ( 15 U.S.C. 2603 ) is amended— in subsection (b)— in paragraph (1)— in the paragraph heading, by adding at the end; and , order, or consent agreement by striking rule each place it appears and inserting rule, order, or consent agreement ; in paragraph (2)(B), by striking rules and inserting rules, orders, and consent agreements ; in paragraph (3)(A), by striking rule and inserting rule or order ; and in paragraph (4)— by striking rule under subsection

(a)each place it appears and inserting rule, order, or consent agreement under subsection

(a); 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 by striking repeals the application of the rule and inserting repeals or modifies the application of the rule, order, or consent agreement ; in subsection (c)— in paragraph (1), by striking rule and inserting rule or order ; in paragraph (2)— 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 information is being developed pursuant to such a rule, order, or consent agreement ; 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 in the matter following subparagraph (B), by striking the rule and inserting the rule or order ; in paragraph (3)(B)(i), by striking rule promulgated and inserting rule, order, or consent agreement ; and in paragraph (4)— by striking rule promulgated each place it appears and inserting rule, order, or consent agreement ; by striking such rule each place it appears and inserting such rule, order, or consent agreement ; and in subparagraph (B), by striking the rule and inserting the rule or order ; in subsection (d), by striking rule and inserting rule, order, or consent agreement ; and in subsection (g), by striking rule and inserting rule, order, or consent agreement . Section 5 of the Toxic Substances Control Act ( 15 U.S.C. 2604 ) is amended— in subsection (b)— in paragraph (1)(A)— by striking rule promulgated and inserting rule, order, or consent agreement ; and by striking such rule and inserting such rule, order, or consent agreement ; in paragraph (1)(B), by striking rule promulgated and inserting rule or order ; and in paragraph (2)(A)(ii), by striking rule promulgated and inserting rule, order, or consent agreement ; and in subsection (d)(2)(C), by striking rule and inserting rule, order, or consent agreement . Section 7(a) of the Toxic Substances Control Act ( 15 U.S.C. 2606(a) ) is amended— in paragraph (1), 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 determination under section 5 or 6, a rule under section 4, 5, or 6 or title IV, an order under section 4, 5, or 6 or title IV, or a consent agreement under section 4 ; and in paragraph (2), by striking subsection 6(d)(2)(A)(i) and inserting section 6(d)(3)(A)(i) . Section 8(a) of the Toxic Substances Control Act ( 15 U.S.C. 2607(a) ) is amended— in paragraph (2)(E), by striking data and inserting information ; and in paragraph (3)(A)(ii)(I), 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 . Section 9 of the Toxic Substances Control Act ( 15 U.S.C. 2608 ) is amended— in subsection (a), by striking section 6 each place it appears and inserting section 6(a) ; and in subsection (d), by striking Health, Education, and Welfare and inserting Health and Human Services . Section 10 of the Toxic Substances Control Act ( 15 U.S.C. 2609 ) is amended— in the section heading, by striking and inserting data ; information by striking Health, Education, and Welfare each place it appears and inserting Health and Human Services ; in subsection (b)— in the subsection heading, by striking and inserting Data ; Information by striking data and inserting information in paragraph (1); by striking data and inserting information in paragraph (2)(A); and by striking a data and inserting an information in paragraph (2)(B); and in subsection (g), by striking data and inserting information . Section 11(b)(2) of the Toxic Substances Control Act ( 15 U.S.C. 2610(b)(2) ) is amended— by striking data each place it appears and inserting information ; and in subparagraph (E), by striking rule promulgated and inserting rule promulgated, order issued, or consent agreement entered into . Section 12(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2611(b)(1) ) is amended by striking data both places it appears and inserting information . 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 . Section 19 of the Toxic Substances Control Act ( 15 U.S.C. 2618 ) is amended— in subsection (a)— in paragraph (1)(A)— by striking Not later than 60 days after the date of the promulgation of a rule under section 4(a), 5(a)(2), 5(b)(4), 6(a), 6(e), or 8, or under title II or IV and inserting Except as otherwise provided in this title, not later than 60 days after the date on which a rule is promulgated under this title, title II, or title IV, or the date on which an order is issued under section 4, 5(e), 5(f), or 6(i)(1), ; by striking such rule and inserting such rule or order ; and by striking such a rule and inserting such a rule or order ; in paragraph (1)(B)— by striking Courts and inserting Except as otherwise provided in this title, courts ; and by striking subparagraph

(A)or

(B)of section 6(b)(1) and inserting this title, other than an order under section 4, 5(e), 5(f), or 6(i)(1), ; and in paragraph (2)— by striking rulemaking record and inserting record ; and by striking based the rule and inserting based the rule or order ; in subsection (b)— by striking review a rule and inserting review a rule, or an order under section 4, 5(e), 5(f), or 6(i)(1), ; by striking such rule and inserting such rule or order ; by striking the rule and inserting the rule or order ; by striking new rule each place it appears and inserting new rule or order ; and by striking modified rule and inserting modified rule or order ; and in subsection (c)— in paragraph (1)— in subparagraph (A)— by striking a rule and inserting a rule or order ; and by striking such rule and inserting such rule or order ; in subparagraph (B)— in the matter preceding clause (i), by striking a rule and inserting a rule or order ; by amending clause

(i)to read as follows: in the case of review of— a rule under section 4(a), 5(b)(4), 6(a) (including review of the associated determination under section 6(b)(4)(A)), or 6(e), 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 if the court finds that the rule is not supported by substantial evidence in the rulemaking record taken as a whole; and an order under section 4, 5(e), 5(f), or 6(i)(1), 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 order if the court finds that the order is not supported by substantial evidence in the record taken as a whole; and ; and by striking clauses

(ii)and

(iii)and the matter after clause

(iii)and inserting the following: the court may not review the contents and adequacy of any statement of basis and purpose required by section 553(c) of title 5, United States Code, to be incorporated in the rule or order, except as part of the record, taken as a whole. ; and by striking subparagraph (C); and in paragraph (2), by striking any rule and inserting any rule or order . 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 . Section 21 of the Toxic Substances Control Act ( 15 U.S.C. 2620 ) is amended— in subsection (a), by striking order under section 5(e) or (6)(b)(2) and inserting order under section 4 or 5(e) or

(f); and in subsection (b)— 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) or

(f); and in paragraph (4)(B)— 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) or

(f); in clause (i), by striking order under section 5(e) and inserting order under section 4 or 5(e) ; and in clause (ii), by striking 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 and inserting section 6(a) or 8 or an order under section 5(f), the chemical substance or mixture to be subject to such rule or order presents an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation, under the conditions of use . Section 24(b)(2)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2623(b)(2)(B) ) is amended— by inserting and at the end of clause (i); by striking clause (ii); and by redesignating clause

(iii)as clause (ii). Section 26 of the Toxic Substances Control Act ( 15 U.S.C. 2625 ) is amended— in subsection (e), by striking Health, Education, and Welfare each place it appears and inserting Health and Human Services ; and in subsection (g)(1), by striking data and inserting information . Section 27(a) of the Toxic Substances Control Act ( 15 U.S.C. 2626(a) ) is amended— by striking Health, Education, and Welfare and inserting Health and Human Services ; by striking test data both places it appears and inserting information ; by striking rules promulgated and inserting rules, orders, or consent agreements ; and by striking standards and inserting protocols and methodologies . 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 .

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