Loading (50 kb)...'
(continued)
places.
1986 - Subsec. (a)(1). Pub. L. 99-519 inserted references to
subchapter II of this chapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2647 of this title; title
42 section 4852d.
-End-
-CITE-
15 USC Sec. 2620 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2620. Citizens' petitions
-STATUTE-
(a) In general
Any person may petition the Administrator to initiate a
proceeding for the issuance, amendment, or repeal of a rule under
section 2603, 2605, or 2607 of this title or an order under section
2604(e) or 2605(b)(2) of this title.
(b) Procedures
(1) Such petition shall be filed in the principal office of the
Administrator and shall set forth the facts which it is claimed
establish that it is necessary to issue, amend, or repeal a rule
under section 2603, 2605, or 2607 of this title or an order under
section 2604(e), 2605(b)(1)(A), or 2605(b)(1)(B) of this title.
(2) The Administrator may hold a public hearing or may conduct
such investigation or proceeding as the Administrator deems
appropriate in order to determine whether or not such petition
should be granted.
(3) Within 90 days after filing of a petition described in
paragraph (1), the Administrator shall either grant or deny the
petition. If the Administrator grants such petition, the
Administrator shall promptly commence an appropriate proceeding in
accordance with section 2603, 2604, 2605, or 2607 of this title. If
the Administrator denies such petition, the Administrator shall
publish in the Federal Register the Administrator's reasons for
such denial.
(4)(A) If the Administrator denies a petition filed under this
section (or if the Administrator fails to grant or deny such
petition within the 90-day period) the petitioner may commence a
civil action in a district court of the United States to compel the
Administrator to initiate a rulemaking proceeding as requested in
the petition. Any such action shall be filed within 60 days after
the Administrator's denial of the petition or, if the Administrator
fails to grant or deny the petition within 90 days after filing the
petition, within 60 days after the expiration of the 90-day period.
(B) In an action under subparagraph (A) respecting a petition to
initiate a proceeding to issue a rule under section 2603, 2605, or
2607 of this title or an order under section 2604(e) or 2605(b)(2)
of this title, the petitioner shall be provided an opportunity to
have such petition considered by the court in a de novo proceeding.
If the petitioner demonstrates to the satisfaction of the court by
a preponderance of the evidence that -
(i) in the case of a petition to initiate a proceeding for the
issuance of a rule under section 2603 of this title or an order
under section 2604(e) of this title -
(I) information available to the Administrator is
insufficient to permit a reasoned evaluation of the health and
environmental effects of the chemical substance to be subject
to such rule or order; and
(II) in the absence of such information, the substance may
present an unreasonable risk to health or the environment, or
the substance is or will be produced in substantial quantities
and it enters or may reasonably be anticipated to enter the
environment in substantial quantities or there is or may be
significant or substantial human exposure to it; or
(ii) in the case of a petition to initiate a proceeding for the
issuance of a rule under section 2605 or 2607 of this title or an
order under section 2605(b)(2) of this title, 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.(!1)
the court shall order the Administrator to initiate the action
requested by the petitioner. 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
chapter and there are insufficient resources available to the
Administrator to take the action requested by the petitioner, the
court may permit the Administrator to defer initiating the action
requested by the petitioner until such time as the court
prescribes.
(C) The court in issuing any final order in any action brought
pursuant to subparagraph (A) may award costs of suit and reasonable
fees for attorneys and expert witnesses if the court determines
that such an award is appropriate. Any court, in issuing its
decision in an action brought to review such an order, may award
costs of suit and reasonable fees for attorneys if the court
determines that such an award is appropriate.
(5) The remedies under this section shall be in addition to, and
not in lieu of, other remedies provided by law.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 21, Oct. 11, 1976, 90 Stat. 2042;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-FOOTNOTE-
(!1) So in original. The period probably should be a semicolon.
-End-
-CITE-
15 USC Sec. 2621 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2621. National defense waiver
-STATUTE-
The Administrator shall waive compliance with any provision of
this chapter upon a request and determination by the President that
the requested waiver is necessary in the interest of national
defense. The Administrator shall maintain a written record of the
basis upon which such waiver was granted and make such record
available for in camera examination when relevant in a judicial
proceeding under this chapter. Upon the issuance of such a waiver,
the Administrator shall publish in the Federal Register a notice
that the waiver was granted for national defense purposes, unless,
upon the request of the President, the Administrator determines to
omit such publication because the publication itself would be
contrary to the interests of national defense, in which event the
Administrator shall submit notice thereof to the Armed Services
Committees of the Senate and the House of Representatives.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 22, Oct. 11, 1976, 90 Stat. 2044;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-End-
-CITE-
15 USC Sec. 2622 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2622. Employee protection
-STATUTE-
(a) In general
No employer may discharge any employee or otherwise discriminate
against any employee with respect to the employee's compensation,
terms, conditions, or privileges of employment because the employee
(or any person acting pursuant to a request of the employee) has -
(1) commenced, caused to be commenced, or is about to commence
or cause to be commenced a proceeding under this chapter;
(2) testified or is about to testify in any such proceeding; or
(3) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
action to carry out the purposes of this chapter.
(b) Remedy
(1) Any employee who believes that the employee has been
discharged or otherwise discriminated against by any person in
violation of subsection (a) of this section may, within 30 days
after such alleged violation occurs, file (or have any person file
on the employee's behalf) a complaint with the Secretary of Labor
(hereinafter in this section referred to as the "Secretary")
alleging such discharge or discrimination. Upon receipt of such a
complaint, the Secretary shall notify the person named in the
complaint of the filing of the complaint.
(2)(A) Upon receipt of a complaint filed under paragraph (1), the
Secretary shall conduct an investigation of the violation alleged
in the complaint. Within 30 days of the receipt of such complaint,
the Secretary shall complete such investigation and shall notify in
writing the complainant (and any person acting on behalf of the
complainant) and the person alleged to have committed such
violation of the results of the investigation conducted pursuant to
this paragraph. Within ninety days of the receipt of such complaint
the Secretary shall, unless the proceeding on the complaint is
terminated by the Secretary on the basis of a settlement entered
into by the Secretary and the person alleged to have committed such
violation, issue an order either providing the relief prescribed by
subparagraph (B) or denying the complaint. An order of the
Secretary shall be made on the record after notice and opportunity
for agency hearing. The Secretary may not enter into a settlement
terminating a proceeding on a complaint without the participation
and consent of the complainant.
(B) If in response to a complaint filed under paragraph (1) the
Secretary determines that a violation of subsection (a) of this
section has occurred, the Secretary shall order (i) the person who
committed such violation to take affirmative action to abate the
violation, (ii) such person to reinstate the complainant to the
complainant's former position together with the compensation
(including back pay), terms, conditions, and privileges of the
complainant's employment, (iii) compensatory damages, and (iv)
where appropriate, exemplary damages. If such an order issued, the
Secretary, at the request of the complainant, shall assess against
the person against whom the order is issued a sum equal to the
aggregate amount of all costs and expenses (including attorney's
fees) reasonably incurred, as determined by the Secretary, by the
complainant for, or in connection with, the bringing of the
complaint upon which the order was issued.
(c) Review
(1) Any employee or employer adversely affected or aggrieved by
an order issued under subsection (b) of this section may obtain
review of the order in the United States Court of Appeals for the
circuit in which the violation, with respect to which the order was
issued, allegedly occurred. The petition for review must be filed
within sixty days from the issuance of the Secretary's order.
Review shall conform to chapter 7 of title 5.
(2) An order of the Secretary, with respect to which review could
have been obtained under paragraph (1), shall not be subject to
judicial review in any criminal or other civil proceeding.
(d) Enforcement
Whenever a person has failed to comply with an order issued under
subsection (b)(2) of this section, the Secretary shall file a civil
action in the United States district court for the district in
which the violation was found to occur to enforce such order. In
actions brought under this subsection, the district courts shall
have jurisdiction to grant all appropriate relief, including
injunctive relief and compensatory and exemplary damages.
(e) Exclusion
Subsection (a) of this section shall not apply with respect to
any employee who, acting without direction from the employee's
employer (or any agent of the employer), deliberately causes a
violation of any requirement of this chapter.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 23, Oct. 11, 1976, 90 Stat. 2044;
Pub. L. 98-620, title IV, Sec. 402(19), Nov. 8, 1984, 98 Stat.
3358; renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22,
1986, 100 Stat. 2989.)
-MISC1-
AMENDMENTS
1984 - Subsec. (d). Pub. L. 98-620 struck out provision that
civil actions brought under this subsection had to be heard and
decided expeditiously.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-620 not applicable to cases pending on
Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
Effective Date note under section 1657 of Title 28, Judiciary and
Judicial Procedure.
-End-
-CITE-
15 USC Sec. 2623 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2623. Employment effects
-STATUTE-
(a) In general
The Administrator shall evaluate on a continuing basis the
potential effects on employment (including reductions in employment
or loss of employment from threatened plant closures) of -
(1) the issuance of a rule or order under section 2603, 2604,
or 2605 of this title, or
(2) a requirement of section 2604 or 2605 of this title.
(b) Investigations
(1) Any employee (or any representative of an employee) may
request the Administrator to make an investigation of -
(A) a discharge or layoff or threatened discharge or layoff of
the employee, or
(B) adverse or threatened adverse effects on the employee's
employment,
allegedly resulting from a rule or order under section 2603, 2604,
or 2605 of this title or a requirement of section 2604 or 2605 of
this title. Any such request shall be made in writing, shall set
forth with reasonable particularity the grounds for the request,
and shall be signed by the employee, or representative of such
employee, making the request.
(2)(A) Upon receipt of a request made in accordance with
paragraph (1) the Administrator shall (i) conduct the investigation
requested, and (ii) if requested by any interested person, hold
public hearings on any matter involved in the investigation unless
the Administrator, by order issued within 45 days of the date such
hearings are requested, denies the request for the hearings because
the Administrator determines there are no reasonable grounds for
holding such hearings. If the Administrator makes such a
determination, the Administrator shall notify in writing the person
requesting the hearing of the determination and the reasons
therefor and shall publish the determination and the reasons
therefor in the Federal Register.
(B) If public hearings are to be held on any matter involved in
an investigation conducted under this subsection -
(i) at least five days' notice shall be provided the person
making the request for the investigation and any person
identified in such request,
(ii) such hearings shall be held in accordance with section
2605(c)(3) of this title, and
(iii) each employee who made or for whom was made a request for
such hearings and the employer of such employee shall be required
to present information respecting the applicable matter referred
to in paragraph (1)(A) or (1)(B) together with the basis for such
information.
(3) Upon completion of an investigation under paragraph (2), the
Administrator shall make findings of fact, shall make such
recommendations as the Administrator deems appropriate, and shall
make available to the public such findings and recommendations.
(4) This section shall not be construed to require the
Administrator to amend or repeal any rule or order in effect under
this chapter.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 24, Oct. 11, 1976, 90 Stat. 2045;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-End-
-CITE-
15 USC Sec. 2624 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2624. Studies
-STATUTE-
(a) Indemnification study
The Administrator shall conduct a study of all Federal laws
administered by the Administrator for the purpose of determining
whether and under what conditions, if any, indemnification should
be accorded any person as a result of any action taken by the
Administrator under any such law. The study shall -
(1) include an estimate of the probable cost of any
indemnification programs which may be recommended;
(2) include an examination of all viable means of financing the
cost of any recommended indemnification; and
(3) be completed and submitted to Congress within two years
from the effective date of enactment of this chapter.
The General Accounting Office shall review the adequacy of the
study submitted to Congress pursuant to paragraph (3) and shall
report the results of its review to the Congress within six months
of the date such study is submitted to Congress.
(b) Classification, storage, and retrieval study
The Council on Environmental Quality, in consultation with the
Administrator, the Secretary of Health and Human Services, the
Secretary of Commerce, and the heads of other appropriate Federal
departments or agencies, shall coordinate a study of the
feasibility of establishing (1) a standard classification system
for chemical substances and related substances, and (2) a standard
means for storing and for obtaining rapid access to information
respecting such substances. A report on such study shall be
completed and submitted to Congress not later than 18 months after
the effective date of enactment of this chapter.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 25, Oct. 11, 1976, 90 Stat. 2046;
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.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of enactment of this chapter, referred to in
subsecs. (a)(3) and (b), probably means January 1, 1977, the
effective date of the chapter prescribed by sec. 31 of Pub. L.
94-469, which is set out as a note under section 2601 of this
title, rather than October 11, 1976, the date of enactment.
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (b),
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-End-
-CITE-
15 USC Sec. 2625 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2625. Administration
-STATUTE-
(a) Cooperation of Federal agencies
Upon request by the Administrator, each Federal department and
agency is authorized -
(1) to make its services, personnel, and facilities available
(with or without reimbursement) to the Administrator to assist
the Administrator in the administration of this chapter; and
(2) to furnish to the Administrator such information, data,
estimates, and statistics, and to allow the Administrator access
to all information in its possession as the Administrator may
reasonably determine to be necessary for the administration of
this chapter.
(b) Fees
(1) The Administrator may, by rule, require the payment of a
reasonable fee from any person required to submit data under
section 2603 or 2604 of this title to defray the cost of
administering this chapter. Such rules shall not provide for any
fee in excess of $2,500 or, in the case of a small business
concern, any fee in excess of $100. In setting a fee under this
paragraph, the Administrator shall take into account the ability to
pay of the person required to submit the data and the cost to the
Administrator of reviewing such data. Such rules may provide for
sharing such a fee in any case in which the expenses of testing are
shared under section 2603 or 2604 of this title.
(2) The Administrator, after consultation with the Administrator
of the Small Business Administration, shall by rule prescribe
standards for determining the persons which qualify as small
business concerns for purposes of paragraph (1).
(c) Action with respect to categories
(1) Any action authorized or required to be taken by the
Administrator under any provision of this chapter with respect to a
chemical substance or mixture may be taken by the Administrator in
accordance with that provision with respect to a category of
chemical substances or mixtures. Whenever the Administrator takes
action under a provision of this chapter with respect to a category
of chemical substances or mixtures, any reference in this chapter
to a chemical substance or mixture (insofar as it relates to such
action) shall be deemed to be a reference to each chemical
substance or mixture in such category.
(2) For purposes of paragraph (1):
(A) The term "category of chemical substances" means a group of
chemical substances the members of which are similar in molecular
structure, in physical, chemical, or biological properties, in
use, or in mode of entrance into the human body or into the
environment, or the members of which are in some other way
suitable for classification as such for purposes of this chapter,
except that such term does not mean a group of chemical
substances which are grouped together solely on the basis of
their being new chemical substances.
(B) The term "category of mixtures" means a group of mixtures
the members of which are similar in molecular structure, in
physical, chemical, or biological properties, in use, or in the
mode of entrance into the human body or into the environment, or
the members of which are in some other way suitable for
classification as such for purposes of this chapter.
(d) Assistance office
The Administrator shall establish in the Environmental Protection
Agency an identifiable office to provide technical and other
nonfinancial assistance to manufacturers and processors of chemical
substances and mixtures respecting the requirements of this chapter
applicable to such manufacturers and processors, the policy of the
Agency respecting the application of such requirements to such
manufacturers and processors, and the means and methods by which
such manufacturers and processors may comply with such
requirements.
(e) Financial disclosures
(1) Except as provided under paragraph (3), each officer or
employee of the Environmental Protection Agency and the Department
of Health and Human Services who -
(A) performs any function or duty under this chapter, and
(B) has any known financial interest (i) in any person subject
to this chapter or any rule or order in effect under this
chapter, or (ii) in any person who applies for or receives any
grant or contract under this chapter,
shall, on February 1, 1978, and on February 1 of each year
thereafter, file with the Administrator or the Secretary of Health
and Human Services (hereinafter in this subsection referred to as
the "Secretary"), as appropriate, a written statement concerning
all such interests held by such officer or employee during the
preceding calendar year. Such statement shall be made available to
the public.
(2) The Administrator and the Secretary shall -
(A) act within 90 days of January 1, 1977 -
(i) to define the term "known financial interests" for
purposes of paragraph (1), and
(ii) to establish the methods by which the requirement to
file written statements specified in paragraph (1) will be
monitored and enforced, including appropriate provisions for
review by the Administrator and the Secretary of such
statements; and
(B) report to the Congress on June 1, 1978, and on June 1 of
each year thereafter with respect to such statements and the
actions taken in regard thereto during the preceding calendar
year.
(3) The Administrator may by rule identify specific positions
with the Environmental Protection Agency, and the Secretary may by
rule identify specific positions with the Department of Health and
Human Services, which are of a nonregulatory or nonpolicymaking
nature, and the Administrator and the Secretary may by rule provide
that officers or employees occupying such positions shall be exempt
from the requirements of paragraph (1).
(4) This subsection does not supersede any requirement of chapter
11 of title 18.
(5) Any officer or employee who is subject to, and knowingly
violates, this subsection or any rule issued thereunder, shall be
fined not more than $2,500 or imprisoned not more than one year, or
both.
(f) Statement of basis and purpose
Any final order issued under this chapter shall be accompanied by
a statement of its basis and purpose. The contents and adequacy of
any such statement shall not be subject to judicial review in any
respect.
(g) Assistant Administrator
(1) The President, by and with the advice and consent of the
Senate, shall appoint an Assistant Administrator for Toxic
Substances of the Environmental Protection Agency. Such Assistant
Administrator shall be a qualified individual who is, by reason of
background and experience, especially qualified to direct a program
concerning the effects of chemicals on human health and the
environment. Such Assistant Administrator shall be responsible for
(A) the collection of data, (B) the preparation of studies, (C) the
making of recommendations to the Administrator for regulatory and
other actions to carry out the purposes and to facilitate the
administration of this chapter, and (D) such other functions as the
Administrator may assign or delegate.
(2) The Assistant Administrator to be appointed under paragraph
(1) shall be in addition to the Assistant Administrators of the
Environmental Protection Agency authorized by section 1(d) of
Reorganization Plan No. 3 of 1970.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 26, Oct. 11, 1976, 90 Stat. 2046;
Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
Pub. L. 98-80, Sec. 2(c)(2)(A), Aug. 23, 1983, 97 Stat. 485;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan No. 3 of 1970, referred to in text, is set
out in the Appendix to Title 5, Government Organization and
Employees.
-MISC1-
AMENDMENTS
1983 - Subsec. (g)(2). Pub. L. 98-80 struck out "(A)" before "be
in addition" and ", and (B) be compensated at the rate of pay
authorized for such Assistant Administrators" after "No. 3 of
1970".
-CHANGE-
CHANGE OF NAME
"Department of Health and Human Services" substituted for
"Department of Health, Education, and Welfare" in subsec. (e)(1),
(3), and "Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (e)(1),
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-MISC2-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(e)(2)(B) of this section relating to annual reports to Congress,
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 pages 93 and
164 of House Document No. 103-7.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 42 sections 4370a, 4370c.
-End-
-CITE-
15 USC Sec. 2626 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2626. Development and evaluation of test methods
-STATUTE-
(a) In general
The Secretary of Health and Human Services, in consultation with
the Administrator and acting through the Assistant Secretary for
Health, may conduct, and make grants to public and nonprofit
private entities and enter into contracts with public and private
entities for, projects for the development and evaluation of
inexpensive and efficient methods (1) for determining and
evaluating the health and environmental effects of chemical
substances and mixtures, and their toxicity, persistence, and other
characteristics which affect health and the environment, and (2)
which may be used for the development of test data to meet the
requirements of rules promulgated under section 2603 of this title.
The Administrator shall consider such methods in prescribing under
section 2603 of this title standards for the development of test
data.
(b) Approval by Secretary
No grant may be made or contract entered into under subsection
(a) of this section unless an application therefor has been
submitted to and approved by the Secretary. Such an application
shall be submitted in such form and manner and contain such
information as the Secretary may require. The Secretary may apply
such conditions to grants and contracts under subsection (a) of
this section as the Secretary determines are necessary to carry out
the purposes of such subsection. Contracts may be entered into
under such subsection without regard to section 3324(a) and (b) of
title 31 and section 5 of title 41.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 27, Oct. 11, 1976, 90 Stat. 2049;
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; Pub. L. 104-66, title I, Sec. 1061(a), Dec. 21,
1995, 109 Stat. 719.)
-COD-
CODIFICATION
In subsec. (b), "section 3324(a) and (b) and title 31"
substituted for reference 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.
-MISC1-
AMENDMENTS
1995 - Subsec. (c). Pub. L. 104-66 struck out heading and text of
subsec. (c). Text read as follows:
"(1) The Secretary shall prepare and submit to the President and
the Congress on or before January 1 of each year a report of the
number of grants made and contracts entered into under this section
and the results of such grants and contracts.
"(2) The Secretary shall periodically publish in the Federal
Register reports describing the progress and results of any
contract entered into or grant made under this section."
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (a),
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2628 of this title.
-End-
-CITE-
15 USC Sec. 2627 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2627. State programs
-STATUTE-
(a) In general
For the purpose of complementing (but not reducing) the authority
of, or actions taken by, the Administrator under this chapter, the
Administrator may make grants to States for the establishment and
operation of programs to prevent or eliminate unreasonable risks
within the States to health or the environment which are associated
with a chemical substance or mixture and with respect to which the
Administrator is unable or is not likely to take action under this
chapter for their prevention or elimination. The amount of a grant
under this subsection shall be determined by the Administrator,
except that no grant for any State program may exceed 75 per centum
of the establishment and operation costs (as determined by the
Administrator) of such program during the period for which the
grant is made.
(b) Approval by Administrator
(1) No grant may be made under subsection (a) of this section
unless an application therefor is submitted to and approved by the
Administrator. Such an application shall be submitted in such form
and manner as the Administrator may require and shall -
(A) set forth the need of the applicant for a grant under
subsection (a) of this section,
(B) identify the agency or agencies of the State which shall
establish or operate, or both, the program for which the
application is submitted,
(C) describe the actions proposed to be taken under such
program,
(D) contain or be supported by assurances satisfactory to the
Administrator that such program shall, to the extent feasible, be
integrated with other programs of the applicant for environmental
and public health protection,
(E) provide for the making of such reports and evaluations as
the Administrator may require, and
(F) contain such other information as the Administrator may
prescribe.
(2) The Administrator may approve an application submitted in
accordance with paragraph (1) only if the applicant has established
to the satisfaction of the Administrator a priority need, as
determined under rules of the Administrator, for the grant for
which the application has been submitted. Such rules shall take
into consideration the seriousness of the health effects in a State
which are associated with chemical substances or mixtures,
including cancer, birth defects, and gene mutations, the extent of
the exposure in a State of human beings and the environment to
chemical substances and mixtures, and the extent to which chemical
substances and mixtures are manufactured, processed, used, and
disposed of in a State.
(c) Annual reports
Not later than six months after the end of each of the fiscal
years 1979, 1980, and 1981, the Administrator shall submit to the
Congress a report respecting the programs assisted by grants under
subsection (a) of this section in the preceding fiscal year and the
extent to which the Administrator has disseminated information
respecting such programs.
(d) Authorization
For the purpose of making grants under subsection (a) of this
section, there are authorized to be appropriated $1,500,000 for
each of the fiscal years 1982 and 1983. Sums appropriated under
this subsection shall remain available until expended.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 28, Oct. 11, 1976, 90 Stat. 2049;
Pub. L. 97-129, Sec. 1(a), Dec. 29, 1981, 95 Stat. 1686; renumbered
title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 Stat.
2989.)
-MISC1-
AMENDMENTS
1981 - Subsec. (d). Pub. L. 97-129 substituted provisions
relating to authorization of appropriations of $1,500,000 for each
of the fiscal years 1982 and 1983 for provisions relating to such
authorization for fiscal years ending Sept. 30, 1977, Sept. 30,
1978, and Sept. 30, 1979.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2628 of this title.
-End-
-CITE-
15 USC Sec. 2628 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2628. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to the Administrator for
purposes of carrying out this chapter (other than sections 2626 and
2627 of this title and subsections (a) and (c) through (g) of
section 2609 of this title) $58,646,000 for the fiscal year 1982
and $62,000,000 for the fiscal year 1983. No part of the funds
appropriated under this section may be used to construct any
research laboratories.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 29, Oct. 11, 1976, 90 Stat. 2050;
Pub. L. 97-129, Sec. 1(b), Dec. 29, 1981, 95 Stat. 1686; renumbered
title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 Stat.
2989.)
-MISC1-
AMENDMENTS
1981 - Pub. L. 97-129 substituted provisions relating to
authorization of appropriation of $58,646,000 for fiscal year 1982,
and $62,000,000 for fiscal year 1983, for provisions relating to
such authorization of $10,100,000 for fiscal year ending Sept. 30,
1977, $12,625,000 for fiscal year ending Sept. 30, 1978, and
$16,200,000 for fiscal year ending Sept. 30, 1979.
-End-
-CITE-
15 USC Sec. 2629 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2629. Annual report
-STATUTE-
The Administrator shall prepare and submit to the President and
the Congress on or before January 1, 1978, and on or before January
1 of each succeeding year a comprehensive report on the
administration of this chapter during the preceding fiscal year.
Such reports shall include -
(1) a list of the testing required under section 2603 of this
title during the year for which the report is made and an
estimate of the costs incurred during such year by the persons
required to perform such tests;
(2) the number of notices received during such year under
section 2604 of this title, the number of such notices received
during such year under such section for chemical substances
subject to a rule, and a summary of any action taken during such
year under section 2604(g) of this title;
(3) a list of rules issued during such year under section 2605
of this title;
(4) a list, with a brief statement of the issues, of completed
or pending judicial actions under this chapter and administrative
actions under section 2615 of this title during such year;
(5) a summary of major problems encountered in the
administration of this chapter; and
(6) such recommendations for additional legislation as the
Administrator deems necessary to carry out the purposes of this
chapter.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 30, Oct. 11, 1976, 90 Stat. 2050;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-MISC1-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in this
section relating to submitting annual report to Congress, 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2608 of this title.
-End-
-CITE-
15 USC SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 2614, 2618, 2619 of
this title; title 20 sections 4014, 4021.
-End-
-CITE-
15 USC Sec. 2641 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2641. Congressional findings and purpose
-STATUTE-
(a) Findings
The Congress finds the following:
(1) The Environmental Protection Agency's rule on local
educational agency inspection for, and notification of, the
presence of friable asbestos-containing material in school
buildings includes neither standards for the proper
identification of asbestos-containing material and appropriate
response actions with respect to friable asbestos-containing
material, nor a requirement that response actions with respect to
friable asbestos-containing material be carried out in a safe and
complete manner once actions are found to be necessary. As a
result of the lack of regulatory guidance from the Environmental
Protection Agency, some schools have not undertaken response
action while many others have undertaken expensive projects
without knowing if their action is necessary, adequate, or safe.
Thus, the danger of exposure to asbestos continues to exist in
schools, and some exposure actually may have increased due to the
lack of Federal standards and improper response action.
(2) There is no uniform program for accrediting persons
involved in asbestos identification and abatement, nor are local
educational agencies required to use accredited contractors for
asbestos work.
(3) The guidance provided by the Environmental Protection
Agency in its "Guidance for Controlling Asbestos-Containing
Material in Buildings" is insufficient in detail to ensure
adequate responses. Such guidance is intended to be used only
until the regulations required by this subchapter become
effective.
(4) Because there are no Federal standards whatsoever
regulating daily exposure to asbestos in other public and
commercial buildings, persons in addition to those comprising the
Nation's school population may be exposed daily to asbestos.
(b) Purpose
The purpose of this subchapter is -
(1) to provide for the establishment of Federal regulations
which require inspection for asbestos-containing material and
implementation of appropriate response actions with respect to
asbestos-containing material in the Nation's schools in a safe
and complete manner;
(2) to mandate safe and complete periodic reinspection of
school buildings following response actions, where appropriate;
and
(3) to require the Administrator to conduct a study to find out
the extent of the danger to human health posed by asbestos in
public and commercial buildings and the means to respond to any
such danger.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 201, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2970.)
-End-
-CITE-
15 USC Sec. 2642 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2642. Definitions
-STATUTE-
For purposes of this subchapter -
(1) Accredited asbestos contractor
The term "accredited asbestos contractor" means a person
accredited pursuant to the provisions of section 2646 of this
title.
(2) Administrator
The term "Administrator" means the Administrator of the
Environmental Protection Agency.
(3) Asbestos
The term "asbestos" means asbestiform varieties of -
(A) chrysotile (serpentine),
(B) crocidolite (riebeckite),
(C) amosite (cummingtonite-grunerite),
(D) anthophyllite,
(E) tremolite, or
(F) actinolite.
(4) Asbestos-containing material
The term "asbestos-containing material" means any material
which contains more than 1 percent asbestos by weight.
(5) EPA guidance document
The term "Guidance for Controlling Asbestos-Containing Material
in Buildings", means the Environmental Protection Agency document
with such title as in effect on March 31, 1986.
(6) Friable asbestos-containing material
The term "friable asbestos-containing material" means any
asbestos-containing material applied on ceilings, walls,
structural members, piping, duct work, or any other part of a
building which when dry may be crumbled, pulverized, or reduced
to powder by hand pressure. The term includes non-friable
asbestos-containing material after such previously non-friable
material becomes damaged to the extent that when dry it may be
crumbled, pulverized, or reduced to powder by hand pressure.
(7) Local educational agency
The term "local educational agency" means -
(A) any local educational agency as defined in section 7801
of title 20,
(B) the owner of any private, nonprofit elementary or
secondary school building, and
(C) the governing authority of any school operated under the
defense dependents' education system provided for under the
Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et
seq.).
(8) Most current guidance document
The term "most current guidance document" means the
Environmental Protection Agency's "Guidance for Controlling
Asbestos-Containing Material in Buildings" as modified by the
Environmental Protection Agency after March 31, 1986.
(9) Non-profit elementary or secondary school
The term "non-profit elementary or secondary school" means any
elementary or secondary school (as defined in section 7801 of
title 20) owned and operated by one or more nonprofit
corporations or associations no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any private
shareholder or individual.
(10) Public and commercial building
The term "public and commercial building" means any building
which is not a school building, except that the term does not
include any residential apartment building of fewer than 10
units.
(11) Response action
The term "response action" means methods that protect human
health and the environment from asbestos-containing material.
Such methods include methods described in chapters 3 and 5 of the
Environmental Protection Agency's "Guidance for Controlling
Asbestos-Containing Materials in Buildings".
(12) School
The term "school" means any elementary or secondary school as
defined in section 7801 of title 20.
(13) School building
The term "school building" means -
(A) any structure suitable for use as a classroom, including
a school facility such as a laboratory, library, school eating
facility, or facility used for the preparation of food,
(B) any gymnasium or other facility which is specially
designed for athletic or recreational activities for an
academic course in physical education,
(C) any other facility used for the instruction of students
or for the administration of educational or research programs,
and
(D) any maintenance, storage, or utility facility, including
any hallway, essential to the operation of any facility
described in subparagraphs (A), (B), or (C).
(14) State
The term "State" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Northern
Marianas, the Trust Territory of the Pacific Islands, and the
Virgin Islands.
-SOURCE-(Pub. L. 94-469, title II, Sec. 202, as added Pub. L. 99-519, Sec. (continued)