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(continued) and accreditation programs and procedures. Such program shall
encourage reciprocity among the States with respect to the
certification under section 2682 of this title.
(e) Other State requirements
Nothing in this subchapter shall be construed to prohibit any
State or political subdivision thereof from imposing any
requirements which are more stringent than those imposed by this
subchapter.
(f) State and local certification
The regulations under this subchapter shall, to the extent
appropriate, encourage States to seek program authorization and to
use existing State and local certification and accreditation
procedures, except that a State or local government shall not
require more than 1 certification under this section for any
lead-based paint activities contractor to carry out lead-based
paint activities in the State or political subdivision thereof.
(g) Grants to States
The Administrator is authorized to make grants to States to
develop and carry out authorized State programs under this section.
The grants shall be subject to such terms and conditions as the
Administrator may establish to further the purposes of this
subchapter.
(h) Enforcement by Administrator
If a State does not have a State program authorized under this
section and in effect by the date which is 2 years after
promulgation of the regulations under section 2682 or 2686 of this
title, the Administrator shall, by such date, establish a Federal
program for section 2682 or 2686 of this title (as the case may be)
for such State and administer and enforce such program in such
State.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 404, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3916.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 42 section 4852.
-End-
-CITE-
15 USC Sec. 2685 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2685. Lead abatement and measurement
-STATUTE-
(a) Program to promote lead exposure abatement
The Administrator, in cooperation with other appropriate Federal
departments and agencies, shall conduct a comprehensive program to
promote safe, effective, and affordable monitoring, detection, and
abatement of lead-based paint and other lead exposure hazards.
(b) Standards for environmental sampling laboratories
(1) The Administrator shall establish protocols, criteria, and
minimum performance standards for laboratory analysis of lead in
paint films, soil, and dust. Within 2 years after October 28, 1992,
the Administrator, in consultation with the Secretary of Health and
Human Services, shall establish a program to certify laboratories
as qualified to test substances for lead content unless the
Administrator determines, by the date specified in this paragraph,
that effective voluntary accreditation programs are in place and
operating on a nationwide basis at the time of such determination.
To be certified under such program, a laboratory shall, at a
minimum, demonstrate an ability to test substances accurately for
lead content.
(2) Not later than 24 months after October 28, 1992, and annually
thereafter, the Administrator shall publish and make available to
the public a list of certified or accredited environmental sampling
laboratories.
(3) If the Administrator determines under paragraph (1) that
effective voluntary accreditation programs are in place for
environmental sampling laboratories, the Administrator shall review
the performance and effectiveness of such programs within 3 years
after such determination. If, upon such review, the Administrator
determines that the voluntary accreditation programs are not
effective in assuring the quality and consistency of laboratory
analyses, the Administrator shall, not more than 12 months
thereafter, establish a certification program that meets the
requirements of paragraph (1).
(c) Exposure studies
(1) The Secretary of Health and Human Services (hereafter in this
subsection referred to as the "Secretary"), acting through the
Director of the Centers for Disease Control,(!1) (CDC), and the
Director of the National Institute of Environmental Health
Sciences, shall jointly conduct a study of the sources of lead
exposure in children who have elevated blood lead levels (or other
indicators of elevated lead body burden), as defined by the
Director of the Centers for Disease Control.
(2) The Secretary, in consultation with the Director of the
National Institute for Occupational Safety and Health, shall
conduct a comprehensive study of means to reduce hazardous
occupational lead abatement exposures. This study shall include, at
a minimum, each of the following -
(A) Surveillance and intervention capability in the States to
identify and prevent hazardous exposures to lead abatement
workers.
(B) Demonstration of lead abatement control methods and devices
and work practices to identify and prevent hazardous lead
exposures in the workplace.
(C) Evaluation, in consultation with the National Institute of
Environmental Health Sciences, of health effects of low and high
levels of occupational lead exposures on reproductive,
neurological, renal, and cardiovascular health.
(D) Identification of high risk occupational settings to which
prevention activities and resources should be targeted.
(E) A study assessing the potential exposures and risks from
lead to janitorial and custodial workers.
(3) The studies described in paragraphs (1) and (2) shall, as
appropriate, examine the relative contributions to elevated lead
body burden from each of the following:
(A) Drinking water.
(B) Food.
(C) Lead-based paint and dust from lead-based paint.
(D) Exterior sources such as ambient air and lead in soil.
(E) Occupational exposures, and other exposures that the
Secretary determines to be appropriate.
(4) Not later than 30 months after October 28, 1992, the
Secretary shall submit a report to the Congress concerning the
studies described in paragraphs (1) and (2).
(d) Public education
(1) The Administrator, in conjunction with the Secretary of
Health and Human Services, acting through the Director of the
Agency for Toxic Substances and Disease Registry, and in
conjunction with the Secretary of Housing and Urban Development,
shall sponsor public education and outreach activities to increase
public awareness of -
(A) the scope and severity of lead poisoning from household
sources;
(B) potential exposure to sources of lead in schools and
childhood day care centers;
(C) the implications of exposures for men and women,
particularly those of childbearing age;
(D) the need for careful, quality, abatement and management
actions;
(E) the need for universal screening of children;
(F) other components of a lead poisoning prevention program;
(G) the health consequences of lead exposure resulting from
lead-based paint hazards;
(H) risk assessment and inspection methods for lead-based paint
hazards; and
(I) measures to reduce the risk of lead exposure from
lead-based paint.
(2) The activities described in paragraph (1) shall be designed
to provide educational services and information to -
(A) health professionals;
(B) the general public, with emphasis on parents of young
children;
(C) homeowners, landlords, and tenants;
(D) consumers of home improvement products;
(E) the residential real estate industry; and
(F) the home renovation industry.
(3) In implementing the activities described in paragraph (1),
the Administrator shall assure coordination with the President's
Commission on Environmental Quality's education and awareness
campaign on lead poisoning.
(4) The Administrator, in consultation with the Chairman of the
Consumer Product Safety Commission, shall develop information to be
distributed by retailers of home improvement products to provide
consumers with practical information related to the hazards of
renovation and remodeling where lead-based paint may be present.
(e) Technical assistance
(1) Clearinghouse
Not later than 6 months after October 28, 1992, the
Administrator shall establish, in consultation with the Secretary
of Housing and Urban Development and the Director of the Centers
for Disease Control, a National Clearinghouse on Childhood Lead
Poisoning (hereinafter in this section referred to as
"Clearinghouse"). The Clearinghouse shall -
(A) collect, evaluate, and disseminate current information on
the assessment and reduction of lead-based paint hazards,
adverse health effects, sources of exposure, detection and risk
assessment methods, environmental hazards abatement, and
clean-up standards;
(B) maintain a rapid-alert system to inform certified
lead-based paint activities contractors of significant
developments in research related to lead-based paint hazards;
and
(C) perform any other duty that the Administrator determines
necessary to achieve the purposes of this chapter.
(2) Hotline
Not later than 6 months after October 28, 1992, the
Administrator, in cooperation with other Federal agencies and
with State and local governments, shall establish a single
lead-based paint hazard hotline to provide the public with
answers to questions about lead poisoning prevention and
referrals to the Clearinghouse for technical information.
(f) Products for lead-based paint activities
Not later than 30 months after October 28, 1992, the President
shall, after notice and opportunity for comment, establish by rule
appropriate criteria, testing protocols, and performance
characteristics as are necessary to ensure, to the greatest extent
possible and consistent with the purposes and policy of this
subchapter, that lead-based paint hazard evaluation and reduction
products introduced into commerce after a period specified in the
rule are effective for the intended use described by the
manufacturer. The rule shall identify the types or classes of
products that are subject to such rule. The President, in
implementation of the rule, shall, to the maximum extent possible,
utilize independent testing laboratories, as appropriate, and
consult with such entities and others in developing the rules. The
President may delegate the authorities under this subsection to the
Environmental Protection Agency or the Secretary of Commerce or
such other appropriate agency.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 405, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3917.)
-FOOTNOTE-
(!1) So in original. The comma probably should not appear.
-End-
-CITE-
15 USC Sec. 2686 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2686. Lead hazard information pamphlet
-STATUTE-
(a) Lead hazard information pamphlet
Not later than 2 years after October 28, 1992, after notice and
opportunity for comment, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of Housing
and Urban Development and with the Secretary of Health and Human
Services, shall publish, and from time to time revise, a lead
hazard information pamphlet to be used in connection with this
subchapter and section 4852d of title 42. The pamphlet shall -
(1) contain information regarding the health risks associated
with exposure to lead;
(2) provide information on the presence of lead-based paint
hazards in federally assisted, federally owned, and target
housing;
(3) describe the risks of lead exposure for children under 6
years of age, pregnant women, women of childbearing age, persons
involved in home renovation, and others residing in a dwelling
with lead-based paint hazards;
(4) describe the risks of renovation in a dwelling with
lead-based paint hazards;
(5) provide information on approved methods for evaluating and
reducing lead-based paint hazards and their effectiveness in
identifying, reducing, eliminating, or preventing exposure to
lead-based paint hazards;
(6) advise persons how to obtain a list of contractors
certified pursuant to this subchapter in lead-based paint hazard
evaluation and reduction in the area in which the pamphlet is to
be used;
(7) state that a risk assessment or inspection for lead-based
paint is recommended prior to the purchase, lease, or renovation
of target housing;
(8) state that certain State and local laws impose additional
requirements related to lead-based paint in housing and provide a
listing of Federal, State, and local agencies in each State,
including address and telephone number, that can provide
information about applicable laws and available governmental and
private assistance and financing; and
(9) provide such other information about environmental hazards
associated with residential real property as the Administrator
deems appropriate.
(b) Renovation of target housing
Within 2 years after October 28, 1992, the Administrator shall
promulgate regulations under this subsection to require each person
who performs for compensation a renovation of target housing to
provide a lead hazard information pamphlet to the owner and
occupant of such housing prior to commencing the renovation.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 406, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3920.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2684 of this title; title
42 sections 4822, 4852d.
-End-
-CITE-
15 USC Sec. 2687 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2687. Regulations
-STATUTE-
The regulations of the Administrator under this subchapter shall
include such recordkeeping and reporting requirements as may be
necessary to insure the effective implementation of this
subchapter. The regulations may be amended from time to time as
necessary.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 407, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3921.)
-End-
-CITE-
15 USC Sec. 2688 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2688. Control of lead-based paint hazards at Federal
facilities
-STATUTE-
Each department, agency, and instrumentality of executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any property or facility, or (2) engaged
in any activity resulting, or which may result, in a lead-based
paint hazard, and each officer, agent, or employee thereof, shall
be subject to, and comply with, all Federal, State, interstate, and
local requirements, both substantive and procedural (including any
requirement for certification, licensing, recordkeeping, or
reporting or any provisions for injunctive relief and such
sanctions as may be imposed by a court to enforce such relief)
respecting lead-based paint, lead-based paint activities, and
lead-based paint hazards in the same manner, and to the same extent
as any nongovernmental entity is subject to such requirements,
including the payment of reasonable service charges. The Federal,
State, interstate, and local substantive and procedural
requirements referred to in this subsection include, but are not
limited to, all administrative orders and all civil and
administrative penalties and fines regardless of whether such
penalties or fines are punitive or coercive in nature, or whether
imposed for isolated, intermittent or continuing violations. The
United States hereby expressly waives any immunity otherwise
applicable to the United States with respect to any such
substantive or procedural requirement (including, but not limited
to, any injunctive relief, administrative order, or civil or
administrative penalty or fine referred to in the preceding
sentence, or reasonable service charge). The reasonable service
charges referred to in this section include, but are not limited
to, fees or charges assessed for certification and licensing, as
well as any other nondiscriminatory charges that are assessed in
connection with a Federal, State, interstate, or local lead-based
paint, lead-based paint activities, or lead-based paint hazard
activities program. No agent, employee, or officer of the United
States shall be personally liable for any civil penalty under any
Federal, State, interstate, or local law relating to lead-based
paint, lead-based paint activities, or lead-based paint hazards
with respect to any act or omission within the scope of his
official duties.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 408, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3921.)
-End-
-CITE-
15 USC Sec. 2689 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2689. Prohibited acts
-STATUTE-
It shall be unlawful for any person to fail or refuse to comply
with a provision of this subchapter or with any rule or order
issued under this subchapter.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 409, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3921.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2615, 2616 of this title;
title 42 section 4852d.
-End-
-CITE-
15 USC Sec. 2690 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2690. Relationship to other Federal law
-STATUTE-
Nothing in this subchapter shall affect the authority of other
appropriate Federal agencies to establish or enforce any
requirements which are at least as stringent as those established
pursuant to this subchapter.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 410, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3921.)
-End-
-CITE-
15 USC Sec. 2691 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2691. General provisions relating to administrative
proceedings
-STATUTE-
(a) Applicability
This section applies to the promulgation or revision of any
regulation issued under this subchapter.
(b) Rulemaking docket
Not later than the date of proposal of any action to which this
section applies, the Administrator shall establish a rulemaking
docket for such action (hereinafter in this subsection referred to
as a "rule"). Whenever a rule applies only within a particular
State, a second (identical) docket shall be established in the
appropriate regional office of the Environmental Protection Agency.
(c) Inspection and copying
(1) The rulemaking docket required under subsection (b) of this
section shall be open for inspection by the public at reasonable
times specified in the notice of proposed rulemaking. Any person
may copy documents contained in the docket. The Administrator shall
provide copying facilities which may be used at the expense of the
person seeking copies, but the Administrator may waive or reduce
such expenses in such instances as the public interest requires.
Any person may request copies by mail if the person pays the
expenses, including personnel costs to do the copying.
(2)(A) Promptly upon receipt by the agency, all written comments
and documentary information on the proposed rule received from any
person for inclusion in the docket during the comment period shall
be placed in the docket. The transcript of public hearings, if any,
on the proposed rule shall also be included in the docket promptly
upon receipt from the person who transcribed such hearings. All
documents which become available after the proposed rule has been
published and which the Administrator determines are of central
relevance to the rulemaking shall be placed in the docket as soon
as possible after their availability.
(B) The drafts of proposed rules submitted by the Administrator
to the Office of Management and Budget for any interagency review
process prior to proposal of any such rule, all documents
accompanying such drafts, and all written comments thereon by other
agencies and all written responses to such written comments by the
Administrator shall be placed in the docket no later than the date
of proposal of the rule. The drafts of the final rule submitted for
such review process prior to promulgation and all such written
comments thereon, all documents accompanying such drafts, and
written responses thereto shall be placed in the docket no later
than the date of promulgation.
(d) Explanation
(1) The promulgated rule shall be accompanied by an explanation
of the reasons for any major changes in the promulgated rule from
the proposed rule.
(2) The promulgated rule shall also be accompanied by a response
to each of the significant comments, criticisms, and new data
submitted in written or oral presentations during the comment
period.
(3) The promulgated rule may not be based (in part or whole) on
any information or data which has not been placed in the docket as
of the date of such promulgation.
(e) Judicial review
The material referred to in subsection (c)(2)(B) of this section
shall not be included in the record for judicial review.
(f) Effective date
The requirements of this section shall take effect with respect
to any rule the proposal of which occurs after 90 days after
October 28, 1992.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 411, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3922.)
-End-
-CITE-
15 USC Sec. 2692 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2692. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to carry out the purposes
of this subchapter such sums as may be necessary.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 412, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3923.)
-End-