Loading (50 kb)...'
(continued)
this section to protect against such risk of injury unless the
Administrator finds, in the Administrator's discretion, that it is
in the public interest to protect against such risk under this
chapter. In making such a finding the Administrator shall consider
(i) all relevant aspects of the risk, as determined by the
Administrator in the Administrator's discretion, (ii) a comparison
of the estimated costs of complying with actions taken under this
chapter and under such law (or laws), and (iii) the relative
efficiency of actions under this chapter and under such law (or
laws) to protect against such risk of injury.
(2) When prescribing a rule under subsection (a) the
Administrator shall proceed in accordance with section 553 of title
5 (without regard to any reference in such section to sections 556
and 557 of such title), and shall also (A) publish a notice of
proposed rulemaking stating with particularity the reason for the
proposed rule; (B) allow interested persons to submit written data,
views, and arguments, and make all such submissions publicly
available; (C) provide an opportunity for an informal hearing in
accordance with paragraph (3); (D) promulgate, if appropriate, a
final rule based on the matter in the rulemaking record (as defined
in section 2618(a) of this title), and (E) make and publish with
the rule the finding described in subsection (a) of this section.
(3) Informal hearings required by paragraph (2)(C) shall be
conducted by the Administrator in accordance with the following
requirements:
(A) Subject to subparagraph (B), an interested person is
entitled -
(i) to present such person's position orally or by
documentary submissions (or both), and
(ii) if the Administrator determines that there are disputed
issues of material fact it is necessary to resolve, to present
such rebuttal submissions and to conduct (or have conducted
under subparagraph (B)(ii)) such cross-examination of persons
as the Administrator determines (I) to be appropriate, and (II)
to be required for a full and true disclosure with respect to
such issues.
(B) The Administrator may prescribe such rules and make such
rulings concerning procedures in such hearings to avoid
unnecessary costs or delay. Such rules or rulings may include (i)
the imposition of reasonable time limits on each interested
person's oral presentations, and (ii) requirements that any
cross-examination to which a person may be entitled under
subparagraph (A) be conducted by the Administrator on behalf of
that person in such manner as the Administrator determines (I) to
be appropriate, and (II) to be required for a full and true
disclosure with respect to disputed issues of material fact.
(C)(i) Except as provided in clause (ii), if a group of persons
each of whom under subparagraphs (A) and (B) would be entitled to
conduct (or have conducted) cross-examination and who are
determined by the Administrator to have the same or similar
interests in the proceeding cannot agree upon a single
representative of such interests for purposes of
cross-examination, the Administrator may make rules and rulings
(I) limiting the representation of such interest for such
purposes, and (II) governing the manner in which such
cross-examination shall be limited.
(ii) When any person who is a member of a group with respect to
which the Administrator has made a determination under clause (i)
is unable to agree upon group representation with the other
members of the group, then such person shall not be denied under
the authority of clause (i) the opportunity to conduct (or have
conducted) cross-examination as to issues affecting the person's
particular interests if (I) the person satisfies the
Administrator that the person has made a reasonable and good
faith effort to reach agreement upon group representation with
the other members of the group and (II) the Administrator
determines that there are substantial and relevant issues which
are not adequately presented by the group representative.
(D) A verbatim transcript shall be taken of any oral
presentation made, and cross-examination conducted in any
informal hearing under this subsection. Such transcript shall be
available to the public.
(4)(A) The Administrator may, pursuant to rules prescribed by the
Administrator, provide compensation for reasonable attorneys' fees,
expert witness fees, and other costs of participating in a
rulemaking proceeding for the promulgation of a rule under
subsection (a) of this section to any person -
(i) who represents an interest which would substantially
contribute to a fair determination of the issues to be resolved
in the proceeding, and
(ii) if -
(I) the economic interest of such person is small in
comparison to the costs of effective participation in the
proceeding by such person, or
(II) such person demonstrates to the satisfaction of the
Administrator that such person does not have sufficient
resources adequately to participate in the proceeding without
compensation under this subparagraph.
In determining for purposes of clause (i) if an interest will
substantially contribute to a fair determination of the issues to
be resolved in a proceeding, the Administrator shall take into
account the number and complexity of such issues and the extent to
which representation of such interest will contribute to widespread
public participation in the proceeding and representation of a fair
balance of interests for the resolution of such issues.
(B) In determining whether compensation should be provided to a
person under subparagraph (A) and the amount of such compensation,
the Administrator shall take into account the financial burden
which will be incurred by such person in participating in the
rulemaking proceeding. The Administrator shall take such action as
may be necessary to ensure that the aggregate amount of
compensation paid under this paragraph in any fiscal year to all
persons who, in rulemaking proceedings in which they receive
compensation, are persons who either -
(i) would be regulated by the proposed rule, or
(ii) represent persons who would be so regulated,
may not exceed 25 per centum of the aggregate amount paid as
compensation under this paragraph to all persons in such fiscal
year.
(5) Paragraph (1), (2), (3), and (4) of this subsection apply to
the promulgation of a rule repealing, or making a substantive
amendment to, a rule promulgated under subsection (a) of this
section.
(d) Effective date
(1) The Administrator shall specify in any rule under subsection
(a) of this section the date on which it shall take effect, which
date shall be as soon as feasible.
(2)(A) The Administrator may declare a proposed rule under
subsection (a) of this section to be effective upon its publication
in the Federal Register and until the effective date of final
action taken, in accordance with subparagraph (B), respecting such
rule if -
(i) the Administrator determines that -
(I) the manufacture, processing, distribution in commerce,
use, or disposal of the chemical substance or mixture subject
to such proposed rule or any combination of such activities is
likely to result in an unreasonable risk of serious or
widespread injury to health or the environment before such
effective date; and
(II) making such proposed rule so effective is necessary to
protect the public interest; and
(ii) in the case of a proposed rule to prohibit the
manufacture, processing, or distribution of a chemical substance
or mixture because of the risk determined under clause (i)(I), a
court has in an action under section 2606 of this title granted
relief with respect to such risk associated with such substance
or mixture.
Such a proposed rule which is made so effective shall not, for
purposes of judicial review, be considered final agency action.
(B) If the Administrator makes a proposed rule effective upon its
publication in the Federal Register, the Administrator shall, as
expeditiously as possible, give interested persons prompt notice of
such action, provide reasonable opportunity, in accordance with
paragraphs (2) and (3) of subsection (c) of this section, for a
hearing on such rule, and either promulgate such rule (as proposed
or with modifications) or revoke it; and if such a hearing is
requested, the Administrator shall commence the hearing within five
days from the date such request is made unless the Administrator
and the person making the request agree upon a later date for the
hearing to begin, and after the hearing is concluded the
Administrator shall, within ten days of the conclusion of the
hearing, either promulgate such rule (as proposed or with
modifications) or revoke it.
(e) Polychlorinated biphenyls
(1) Within six months after January 1, 1977, the Administrator
shall promulgate rules to -
(A) prescribe methods for the disposal of polychlorinated
biphenyls, and
(B) require polychlorinated biphenyls to be marked with clear
and adequate warnings, and instructions with respect to their
processing, distribution in commerce, use, or disposal or with
respect to any combination of such activities.
Requirements prescribed by rules under this paragraph shall be
consistent with the requirements of paragraphs (2) and (3).
(2)(A) Except as provided under subparagraph (B), effective one
year after January 1, 1977, no person may manufacture, process, or
distribute in commerce or use any polychlorinated biphenyl in any
manner other than in a totally enclosed manner.
(B) The Administrator may by rule authorize the manufacture,
processing, distribution in commerce or use (or any combination of
such activities) of any polychlorinated biphenyl in a manner other
than in a totally enclosed manner if the Administrator finds that
such manufacture, processing, distribution in commerce, or use (or
combination of such activities) will not present an unreasonable
risk of injury to health or the environment.
(C) For the purposes of this paragraph, the term "totally
enclosed manner" means any manner which will ensure that any
exposure of human beings or the environment to a polychlorinated
biphenyl will be insignificant as determined by the Administrator
by rule.
(3)(A) Except as provided in subparagraphs (B) and (C) -
(i) no person may manufacture any polychlorinated biphenyl
after two years after January 1, 1977, and
(ii) no person may process or distribute in commerce any
polychlorinated biphenyl after two and one-half years after such
date.
(B) Any person may petition the Administrator for an exemption
from the requirements of subparagraph (A), and the Administrator
may grant by rule such an exemption if the Administrator finds that
-
(i) an unreasonable risk of injury to health or environment
would not result, and
(ii) good faith efforts have been made to develop a chemical
substance which does not present an unreasonable risk of injury
to health or the environment and which may be substituted for
such polychlorinated biphenyl.
An exemption granted under this subparagraph shall be subject to
such terms and conditions as the Administrator may prescribe and
shall be in effect for such period (but not more than one year from
the date it is granted) as the Administrator may prescribe.
(C) Subparagraph (A) shall not apply to the distribution in
commerce of any polychlorinated biphenyl if such polychlorinated
biphenyl was sold for purposes other than resale before two and one
half years after October 11, 1976.
(4) Any rule under paragraph (1), (2)(B), or (3)(B) shall be
promulgated in accordance with paragraphs (2), (3), and (4) of
subsection (c) of this section.
(5) This subsection does not limit the authority of the
Administrator, under any other provision of this chapter or any
other Federal law, to take action respecting any polychlorinated
biphenyl.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 6, Oct. 11, 1976, 90 Stat. 2020;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2603, 2604, 2606 to 2608,
2611, 2612, 2614, 2616 to 2620, 2623, 2630 of this title; title 10
section 2708; title 42 section 6925.
-End-
-CITE-
15 USC Sec. 2606 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2606. Imminent hazards
-STATUTE-
(a) Actions authorized and required
(1) The Administrator may commence a civil action in an
appropriate district court of the United States -
(A) for seizure of an imminently hazardous chemical substance
or mixture or any article containing such a substance or mixture,
(B) for relief (as authorized by subsection (b) of this
section) against any person who manufactures, processes,
distributes in commerce, or uses, or disposes of, an imminently
hazardous chemical substance or mixture or any article containing
such a substance or mixture, or
(C) for both such seizure and relief.
A civil action may be commenced under this paragraph
notwithstanding the existence of a rule under section 2603 of this
title, 2604 of this title, 2605 of this title, or subchapter IV of
this chapter or an order under section 2604 of this title or
subchapter IV of this chapter, and notwithstanding the pendency of
any administrative or judicial proceeding under any provision of
this chapter.
(2) If the Administrator has not made a rule under section
2605(a) of this title immediately effective (as authorized by
section 2605(d)(2)(A)(i) of this title) with respect to an
imminently hazardous chemical substance or mixture, the
Administrator shall commence in a district court of the United
States with respect to such substance or mixture or article
containing such substance or mixture a civil action described in
subparagraph (A), (B), or (C) of paragraph (1).
(b) Relief authorized
(1) The district court of the United States in which an action
under subsection (a) of this section is brought shall have
jurisdiction to grant such temporary or permanent relief as may be
necessary to protect health or the environment from the
unreasonable risk associated with the chemical substance, mixture,
or article involved in such action.
(2) In the case of an action under subsection (a) of this section
brought against a person who manufactures, processes, or
distributes in commerce a chemical substance or mixture or an
article containing a chemical substance or mixture, the relief
authorized by paragraph (1) may include the issuance of a mandatory
order requiring (A) in the case of purchasers of such substance,
mixture, or article known to the defendant, notification to such
purchasers of the risk associated with it; (B) public notice of
such risk; (C) recall; (D) the replacement or repurchase of such
substance, mixture, or article; or (E) any combination of the
actions described in the preceding clauses.
(3) In the case of an action under subsection (a) of this section
against a chemical substance, mixture, or article, such substance,
mixture, or article may be proceeded against by process of libel
for its seizure and condemnation. Proceedings in such an action
shall conform as nearly as possible to proceedings in rem in
admiralty.
(c) Venue and consolidation
(1)(A) An action under subsection (a) of this section against a
person who manufactures, processes, or distributes a chemical
substance or mixture or an article containing a chemical substance
or mixture may be brought in the United States District Court for
the District of Columbia, or for any judicial district in which any
of the defendants is found, resides, or transacts business; and
process in such an action may be served on a defendant in any other
district in which such defendant resides or may be found. An action
under subsection (a) of this section against a chemical substance,
mixture, or article may be brought in any United States district
court within the jurisdiction of which the substance, mixture, or
article is found.
(B) In determining the judicial district in which an action may
be brought under subsection (a) of this section in instances in
which such action may be brought in more than one judicial
district, the Administrator shall take into account the convenience
of the parties.
(C) Subpeonas (!1) requiring attendance of witnesses in an action
brought under subsection (a) of this section may be served in any
judicial district.
(2) Whenever proceedings under subsection (a) of this section
involving identical chemical substances, mixtures, or articles are
pending in courts in two or more judicial districts, they shall be
consolidated for trial by order of any such court upon application
reasonably made by any party in interest, upon notice to all
parties in interest.
(d) Action under section 2605
Where appropriate, concurrently with the filing of an action
under subsection (a) of this section or as soon thereafter as may
be practicable, the Administrator shall initiate a proceeding for
the promulgation of a rule under section 2605(a) of this title.
(e) Representation
Notwithstanding any other provision of law, in any action under
subsection (a) of this section, the Administrator may direct
attorneys of the Environmental Protection Agency to appear and
represent the Administrator in such an action.
(f) "Imminently hazardous chemical substance or mixture" defined
For the purposes of subsection (a) of this section, the term
"imminently hazardous chemical substance or mixture" means a
chemical substance or mixture which presents an imminent and
unreasonable risk of serious or widespread injury to health or the
environment. Such a risk to health or the environment shall be
considered imminent if it is shown that the manufacture,
processing, distribution in commerce, use, or disposal of the
chemical substance or mixture, or that any combination of such
activities, is likely to result in such injury to health or the
environment before a final rule under section 2605 of this title
can protect against such risk.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 7, Oct. 11, 1976, 90 Stat. 2026;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(1),
Oct. 28, 1992, 106 Stat. 3923.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a)(1). Pub. L. 102-550 substituted "section 2603
of this title, 2604 of this title, 2605 of this title, or
subchapter IV of this chapter" for "section 2603, 2604, or 2605 of
this title" in last sentence.
Pub. L. 102-550, which directed the insertion of "or subchapter
IV of this chapter" after "2604", was executed by making the
insertion after "2604" the second time appearing in last sentence,
to reflect the probable intent of Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2603, 2604, 2605, 2607,
2608, 2611, 2612, 2614, 2619 of this title; title 33 section 1319;
title 42 sections 7412, 9601, 9606.
-FOOTNOTE-
(!1) So in original. Probably should be "Subpoenas".
-End-
-CITE-
15 USC Sec. 2607 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2607. Reporting and retention of information
-STATUTE-
(a) Reports
(1) The Administrator shall promulgate rules under which -
(A) each person (other than a small manufacturer or processor)
who manufactures or processes or proposes to manufacture or
process a chemical substance (other than a chemical substance
described in subparagraph (B)(ii)) shall maintain such records,
and shall submit to the Administrator such reports, as the
Administrator may reasonably require, and
(B) each person (other than a small manufacturer or processor)
who manufactures or processes or proposes to manufacture or
process -
(i) a mixture, or
(ii) a chemical substance in small quantities (as defined by
the Administrator by rule) solely for purposes of scientific
experimentation or analysis or chemical research on, or
analysis of, such substance or another substance, including any
such research or analysis for the development of a product,
shall maintain records and submit to the Administrator reports
but only to the extent the Administrator determines the
maintenance of records or submission of reports, or both, is
necessary for the effective enforcement of this chapter.
The Administrator may not require in a rule promulgated under this
paragraph the maintenance of records or the submission of reports
with respect to changes in the proportions of the components of a
mixture unless the Administrator finds that the maintenance of such
records or the submission of such reports, or both, is necessary
for the effective enforcement of this chapter. For purposes of the
compilation of the list of chemical substances required under
subsection (b) of this section, the Administrator shall promulgate
rules pursuant to this subsection not later than 180 days after
January 1, 1977.
(2) The Administrator may require under paragraph (1) maintenance
of records and reporting with respect to the following insofar as
known to the person making the report or insofar as reasonably
ascertainable:
(A) The common or trade name, the chemical identity, and the
molecular structure of each chemical substance or mixture for
which such a report is required.
(B) The categories or proposed categories of use of each such
substance or mixture.
(C) The total amount of each such substance and mixture
manufactured or processed, reasonable estimates of the total
amount to be manufactured or processed, the amount manufactured
or processed for each of its categories of use, and reasonable
estimates of the amount to be manufactured or processed for each
of its categories of use or proposed categories of use.
(D) A description of the byproducts resulting from the
manufacture, processing, use, or disposal of each such substance
or mixture.
(E) All existing data concerning the environmental and health
effects of such substance or mixture.
(F) The number of individuals exposed, and reasonable estimates
of the number who will be exposed, to such substance or mixture
in their places of employment and the duration of such exposure.
(G) In the initial report under paragraph (1) on such substance
or mixture, the manner or method of its disposal, and in any
subsequent report on such substance or mixture, any change in
such manner or method.
To the extent feasible, the Administrator shall not require under
paragraph (1), any reporting which is unnecessary or duplicative.
(3)(A)(i) The Administrator may by rule require a small
manufacturer or processor of a chemical substance to submit to the
Administrator such information respecting the chemical substance as
the Administrator may require for publication of the first list of
chemical substances required by subsection (b) of this section.
(ii) The Administrator may by rule require a small manufacturer
or processor of a chemical substance or mixture -
(I) subject to a rule proposed or promulgated under section
2603, 2604(b)(4), or 2605 of this title, or an order in effect
under section 2604(e) of this title, or
(II) with respect to which relief has been granted pursuant to
a civil action brought under section 2604 or 2606 of this title,
to maintain such records on such substance or mixture, and to
submit to the Administrator such reports on such substance or
mixture, as the Administrator may reasonably require. A rule under
this clause requiring reporting may require reporting with respect
to the matters referred to in paragraph (2).
(B) The Administrator, after consultation with the Administrator
of the Small Business Administration, shall by rule prescribe
standards for determining the manufacturers and processors which
qualify as small manufacturers and processors for purposes of this
paragraph and paragraph (1).
(b) Inventory
(1) The Administrator shall compile, keep current, and publish a
list of each chemical substance which is manufactured or processed
in the United States. Such list shall at least include each
chemical substance which any person reports, under section 2604 of
this title or subsection (a) of this section, is manufactured or
processed in the United States. Such list may not include any
chemical substance which was not manufactured or processed in the
United States within three years before the effective date of the
rules promulgated pursuant to the last sentence of subsection
(a)(1) of this section. In the case of a chemical substance for
which a notice is submitted in accordance with section 2604 of this
title, such chemical substance shall be included in such list as of
the earliest date (as determined by the Administrator) on which
such substance was manufactured or processed in the United States.
The Administrator shall first publish such a list not later than
315 days after January 1, 1977. The Administrator shall not include
in such list any chemical substance which is manufactured or
processed only in small quantities (as defined by the Administrator
by rule) solely for purposes of scientific experimentation or
analysis or chemical research on, or analysis of, such substance or
another substance, including such research or analysis for the
development of a product.
(2) To the extent consistent with the purposes of this chapter,
the Administrator may, in lieu of listing, pursuant to paragraph
(1), a chemical substance individually, list a category of chemical
substances in which such substance is included.
(c) Records
Any person who manufactures, processes, or distributes in
commerce any chemical substance or mixture shall maintain records
of significant adverse reactions to health or the environment, as
determined by the Administrator by rule, alleged to have been
caused by the substance or mixture. Records of such adverse
reactions to the health of employees shall be retained for a period
of 30 years from the date such reactions were first reported to or
known by the person maintaining such records. Any other record of
such adverse reactions shall be retained for a period of five years
from the date the information contained in the record was first
reported to or known by the person maintaining the record. Records
required to be maintained under this subsection shall include
records of consumer allegations of personal injury or harm to
health, reports of occupational disease or injury, and reports or
complaints of injury to the environment submitted to the
manufacturer, processor, or distributor in commerce from any
source. Upon request of any duly designated representative of the
Administrator, each person who is required to maintain records
under this subsection shall permit the inspection of such records
and shall submit copies of such records.
(d) Health and safety studies
The Administrator shall promulgate rules under which the
Administrator shall require any person who manufactures, processes,
or distributes in commerce or who proposes to manufacture, process,
or distribute in commerce any chemical substance or mixture (or
with respect to paragraph (2), any person who has possession of a
study) to submit to the Administrator -
(1) lists of health and safety studies (A) conducted or
initiated by or for such person with respect to such substance or
mixture at any time, (B) known to such person, or (C) reasonably
ascertainable by such person, except that the Administrator may
exclude certain types or categories of studies from the
requirements of this subsection if the Administrator finds that
submission of lists of such studies are unnecessary to carry out
the purposes of this chapter; and
(2) copies of any study contained on a list submitted pursuant
to paragraph (1) or otherwise known by such person.
(e) Notice to Administrator of substantial risks
Any person who manufactures, processes, or distributes in
commerce as chemical substance or mixture and who obtains
information which reasonably supports the conclusion that such
substance or mixture presents a substantial risk of injury to
health or the environment shall immediately inform the
Administrator of such information unless such person has actual
knowledge that the Administrator has been adequately informed of
such information.
(f) "Manufacture" and "process" defined
For purposes of this section, the terms "manufacture" and
"process" mean manufacture or process for commercial purposes.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 8, Oct. 11, 1976, 90 Stat. 2027;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-MISC1-
ASBESTOS INFORMATION
Pub. L. 100-577, Oct. 31, 1988, 102 Stat. 2901, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Asbestos Information Act of 1988'.
"SEC. 2. SUBMISSION OF INFORMATION BY MANUFACTURERS.
"Within 90 days after the date of the enactment of this Act [Oct.
31, 1988], any person who manufactured or processed, before the
date of the enactment of this Act, asbestos or asbestos-containing
material that was prepared for sale for use as surfacing material,
thermal system insulation, or miscellaneous material in buildings
(or whose corporate predecessor manufactured or processed such
asbestos or material) shall submit to the Administrator of the
Environmental Protection Agency the years of manufacture, the types
or classes of product, and, to the extent available, other
identifying characteristics reasonably necessary to identify or
distinguish the asbestos or asbestos-containing material. Such
person also may submit to the Administrator protocols for samples
of asbestos and asbestos-containing material.
"SEC. 3. PUBLICATION OF INFORMATION.
"Within 30 days after the date of the enactment of this Act [Oct.
31, 1988], the Administrator shall publish a notice in the Federal
Register that explains how, when, and where the information
specified in section 2 is to be submitted. The Administrator shall
receive and organize the information submitted under section 2 and,
within 180 days after the date of the enactment of this Act, shall
publish the information. In carrying out this section, the
Administrator may not -
"(1) review the information submitted under section 2 for
accuracy, or
"(2) analyze such information to determine whether it is
reasonably necessary to identify or distinguish the particular
asbestos or asbestos-containing material.
"SEC. 4. DEFINITIONS.
"In this Act:
"(1) The term 'asbestos' means -
"(A) chrysotile, amosite, or crocidolite, or
"(B) in fibrous form, tremolite, anthophyllite, or
actinolite.
"(2) The term 'asbestos-containing material' means any material
containing more than one percent asbestos by weight.
"(3) The term 'identifying characteristics' means a description
of asbestos or asbestos-containing material, including -
"(A) the mineral or chemical constituents (or both) of the
asbestos or material by weight or volume (or both),
"(B) the types or classes of the product in which the
asbestos or material is contained,
"(C) the designs, patterns, or textures of the product in
which the asbestos or material is contained, and
"(D) the means by which the product in which the asbestos or
material is contained may be distinguishable from other
products containing asbestos or asbestos-containing material.
"(4) The term 'miscellaneous material' means building material
on structural components, structural members, or fixtures, such
as floor and ceiling tiles. The term does not include surfacing
material or thermal system insulation.
"(5) The term 'protocol' means any procedure for taking,
handling, and preserving samples of asbestos and
asbestos-containing material and for testing and analyzing such
samples for the purpose of determining the person who
manufactured or processed for sale such samples and the
identifying characteristics of such samples.
"(6) The term 'surfacing material' means material in a building
that is sprayed on surfaces, troweled on surfaces, or otherwise
applied to surfaces for acoustical, fireproofing, or other
purposes, such as acoustical plaster on ceilings and fireproofing
material on structural members.
"(7) The term 'thermal system insulation' means material in a
building applied to pipes, fittings, boilers, breeching, tanks,
ducts, or other structural components to prevent heat loss or
gain or water condensation, or for other purposes."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2602, 2604, 2611, 2618,
2620 of this title.
-End-
-CITE-
15 USC Sec. 2608 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2608. Relationship to other Federal laws
-STATUTE-
(a) Laws not administered by the Administrator
(1) If the Administrator has reasonable basis to conclude that
the manufacture, processing, distribution in commerce, use, or
disposal of a chemical substance or mixture, or that any
combination of such activities, presents or will present an
unreasonable risk of injury to health or the environment and
determines, in the Administrator's discretion, that such risk may
be prevented or reduced to a sufficient extent by action taken
under a Federal law not administered by the Administrator, the
Administrator shall submit to the agency which administers such law
a report which describes such risk and includes in such description
a specification of the activity or combination of activities which
the Administrator has reason to believe so presents such risk. Such
report shall also request such agency -
(A)(i) to determine if the risk described in such report may be
prevented or reduced to a sufficient extent by action taken under
such law, and
(ii) if the agency determines that such risk may be so
prevented or reduced, to issue an order declaring whether or not
the activity or combination of activities specified in the
description of such risk presents such risk; and
(B) to respond to the Administrator with respect to the matters
described in subparagraph (A).
Any report of the Administrator shall include a detailed statement
of the information on which it is based and shall be published in
the Federal Register. The agency receiving a request under such a
report shall make the requested determination, issue the requested
order, and make the requested response within such time as the
Administrator specifies in the request, but such time specified may
not be less than 90 days from the date the request was made. The
response of an agency shall be accompanied by a detailed statement
of the findings and conclusions of the agency and shall be
published in the Federal Register.
(2) If the Administrator makes a report under paragraph (1) with
respect to a chemical substance or mixture and the agency to which
such report was made either -
(A) issues an order declaring that the activity or combination
of activities specified in the description of the risk described
in the report does not present the risk described in the report,
or
(B) initiates, within 90 days of the publication in the Federal
Register of the response of the agency under paragraph (1),
action under the law (or laws) administered by such agency to
protect against such risk associated with such activity or
combination of activities,
the Administrator may not take any action under section 2605 or
2606 of this title with respect to such risk.
(3) If the Administrator has initiated action under section 2605
or 2606 of this title with respect to a risk associated with a
chemical substance or mixture which was the subject of a report
made to an agency under paragraph (1), such agency shall before
taking action under the law (or laws) administered by it to protect
against such risk consult with the Administrator for the purpose of
avoiding duplication of Federal action against such risk.
(b) Laws administered by the Administrator
The Administrator shall coordinate actions taken under this
chapter with actions taken under other Federal laws administered in
whole or in part by the Administrator. If the Administrator
determines that a risk to health or the environment associated with
a chemical substance or mixture could be eliminated or reduced to a
sufficient extent by actions taken under the authorities contained
in such other Federal laws, the Administrator shall use such
authorities to protect against such risk unless the Administrator
determines, in the Administrator's discretion, that it is in the
public interest to protect against such risk by actions taken under
this chapter. This subsection shall not be construed to relieve the
Administrator of any requirement imposed on the Administrator by
such other Federal laws.
(c) Occupational safety and health
In exercising any authority under this chapter, the Administrator
shall not, for purposes of section 653(b)(1) of title 29, be deemed
to be exercising statutory authority to prescribe or enforce
standards or regulations affecting occupational safety and health.
(d) Coordination
In administering this chapter, the Administrator shall consult
and coordinate with the Secretary of Health and Human Services and
the heads of any other appropriate Federal executive department or
agency, any relevant independent regulatory agency, and any other
appropriate instrumentality of the Federal Government for the
purpose of achieving the maximum enforcement of this chapter while
imposing the least burdens of duplicative requirements on those
subject to the chapter and for other purposes. The Administrator
shall, in the report required by section 2629 of this title, report
annually to the Congress on actions taken to coordinate with such
other Federal departments, agencies, or instrumentalities, and on
actions taken to coordinate the authority under this chapter with
the authority granted under other Acts referred to in subsection
(b) of this section.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 9, Oct. 11, 1976, 90 Stat. 2030;
Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (d),
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-MISC1-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(d) of this section relating to reporting certain coordinating
actions annually to Congress in the report required by section 2629
of this title, see section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance,
and page 163 of House Document No. 103-7.
-End-
-CITE-
15 USC Sec. 2609 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2609. Research, development, collection, dissemination, and
utilization of data
-STATUTE-
(a) Authority
The Administrator shall, in consultation and cooperation with the
Secretary of Health and Human Services and with other heads of
appropriate departments and agencies, conduct such research,
development, and monitoring as is necessary to carry out the
purposes of this chapter. The Administrator may enter into
contracts and may make grants for research, development, and
monitoring under this subsection. Contracts may be entered into
under this subsection without regard to section 3324(a) and (b) of
title 31 and section 5 of title 41.
(b) Data systems
(1) The Administrator shall establish, administer, and be
responsible for the continuing activities of an interagency
committee which shall design, establish, and coordinate an
efficient and effective system, within the Environmental Protection
Agency, for the collection, dissemination to other Federal
departments and agencies, and use of data submitted to the
Administrator under this chapter.
(2)(A) The Administrator shall, in consultation and cooperation
with the Secretary of Health and Human Services and other heads of
appropriate departments and agencies design, establish, and
coordinate an efficient and effective system for the retrieval of
toxicological and other scientific data which could be useful to
the Administrator in carrying out the purposes of this chapter.
Systematized retrieval shall be developed for use by all Federal
and other departments and agencies with responsibilities in the
area of regulation or study of chemical substances and mixtures and
their effect on health or the environment.
(B) The Administrator, in consultation and cooperation with the
Secretary of Health and Human Services, may make grants and enter
into contracts for the development of a data retrieval system
described in subparagraph (A). Contracts may be entered into under
this subparagraph without regard to section 3324(a) and (b) of
title 31 and section 5 of title 41.
(c) Screening techniques
The Administrator shall coordinate, with the Assistant Secretary
for Health of the Department of Health and Human Services, research
undertaken by the Administrator and directed toward the development
of rapid, reliable, and economical screening techniques for
carcinogenic, mutagenic, teratogenic, and ecological effects of
chemical substances and mixtures.
(d) Monitoring
The Administrator shall, in consultation and cooperation with the
Secretary of Health and Human Services, establish and be
responsible for research aimed at the development, in cooperation
with local, State, and Federal agencies, of monitoring techniques
and instruments which may be used in the detection of toxic
chemical substances and mixtures and which are reliable,
economical, and capable of being implemented under a wide variety
of conditions.
(e) Basic research
The Administrator shall, in consultation and cooperation with the
Secretary of Health and Human Services, establish research programs
to develop the fundamental scientific basis of the screening and
monitoring techniques described in subsections (c) and (d) of this
section, the bounds of the reliability of such techniques, and the
opportunities for their improvement.
(f) Training
The Administrator shall establish and promote programs and
workshops to train or facilitate the training of Federal laboratory
and technical personnel in existing or newly developed screening
and monitoring techniques.
(g) Exchange of research and development results
The Administrator shall, in consultation with the Secretary of
Health and Human Services and other heads of appropriate
departments and agencies, establish and coordinate a system for
exchange among Federal, State, and local authorities of research
and development results respecting toxic chemical substances and
mixtures, including a system to facilitate and promote the
development of standard data format and analysis and consistent
testing procedures.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 10, Oct. 11, 1976, 90 Stat. 2031;
Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-COD-
CODIFICATION
In subsecs. (a) and (b)(2)(B), "section 3324(a) and (b) of title
31" substituted for references to section 3648 of the Revised
Statutes (31 U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsecs. (a),
(b)(2), (d), (e), and (g), and "Department of Health and Human
Services" substituted for "Department of Health, Education, and
Welfare" in subsec. (c), pursuant to section 509(b) of Pub. L.
96-88, which is classified to section 3508(b) of Title 20,
Education.
-MISC1-
AVAILABILITY OF GRANTS
Grants awarded under this section are available for research,
development, monitoring, public education, training,
demonstrations, and studies, beginning in fiscal year 2000 and
thereafter, see provisions of title III of Pub. L. 106-74, set out
as a note under section 136r of Title 7, Agriculture.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2628 of this title.
-End-
-CITE-
15 USC Sec. 2610 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2610. Inspections and subpoenas
-STATUTE-
(a) In general
For purposes of administering this chapter, the Administrator,
and any duly designated representative of the Administrator, may
inspect any establishment, facility, or other premises in which
chemical substances, mixtures, or products subject to subchapter IV
of this chapter are manufactured, processed, stored, or held before
or after their distribution in commerce and any conveyance being
used to transport chemical substances, mixtures, such products, or
such articles in connection with distribution in commerce. Such an
inspection may only be made upon the presentation of appropriate
credentials and of a written notice to the owner, operator, or (continued)