Sec. 20. Citizens' petitions
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Section 21 of the Toxic Substances Control Act ( 15 U.S.C. 2620 ) is amended— in subsection (a), by striking an order under section 5(e) or 6(b)(2) and inserting an order under section 4 or 5(d) ; and in subsection (b)— in paragraph (1), by striking an order under section 5(e), 6(b)(1)(A), or 6(b)(1)(B) and inserting an order under section 4 or 5(d) ; and in paragraph (4), by striking subparagraph
(B)and inserting the following: In an action under subparagraph
(A)to initiate a proceeding to promulgate a rule pursuant to section 4, 5, 6, or 8 or an order issued under section 4 or 5, the petitioner shall be provided an opportunity to have the petition considered by the court in a de novo proceeding. The court in a de novo proceeding under this subparagraph shall order the Administrator to initiate the action requested by the petitioner if the petitioner demonstrates to the satisfaction of the court by a preponderance of the evidence that— in the case of a petition to initiate a proceeding for the issuance of a rule or order under section 4, the information available to the Administrator is insufficient for the Administrator to perform an action described in section 4, 4A, 5, or 6(d); in the case of a petition to issue an order under section 5(d), there is a reasonable basis to conclude that the chemical substance is not likely to meet the safety standard; in the case of a petition to initiate a proceeding for the issuance of a rule under section 6(d), there is a reasonable basis to conclude that the chemical substance will not meet the safety standard; or in the case of a petition to initiate a proceeding for the issuance of a rule under section 8, there is a reasonable basis to conclude that the rule is necessary to protect health or the environment or ensure that the chemical substance meets the safety standard. The court in a de novo proceeding under this subparagraph may permit the Administrator to defer initiating the action requested by the petitioner until such time as the court prescribes, if the court finds that— the extent of the risk to health or the environment alleged by the petitioner is less than the extent of risks to health or the environment with respect to which the Administrator is taking action under this Act; and there are insufficient resources available to the Administrator to take the action requested by the petitioner. .
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Sec. 20
Citizens' petitions
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