15 U.S.C. § 2608 — Relationship to other Federal laws
submitted 50 years ago by Pub. L. 94-469 to r/title-15-COMMERCE-AND-TRADE · 1,255 words · no verdicts yet
This section coordinates chemical-risk action under this chapter with action under other Federal laws. It sets procedures for referring risks to other agencies, choosing among EPA authorities, coordinating enforcement, and sharing exposure information.
(a) Laws not administered by the Administrator*. (1) If the Administrator finds, without considering costs or other nonrisk factors, that chemical manufacture*, processing, distribution, use, disposal, or a combination presents an unreasonable health or environmental risk, including to a relevant potentially exposed or susceptible subpopulation*, and finds that another Federal law could sufficiently prevent or reduce it, the Administrator must report to that law's agency. The report must describe the risk and activity causing it, request the agency to decide whether its law can sufficiently address it and, if so, issue an order saying whether the activity presents the risk, and request a response. The report must detail its supporting information and be published in the Federal Register. The agency must decide, issue the order, and respond by the time specified, which may not be less than 90 days; its response must detail findings and conclusions and be published. (2) After such a report, the Administrator may not act under sections 2605(a) or 2606 on that risk if the agency timely orders that the activity does not present it, or timely responds and starts protective action within 90 days after the response is published. (3) If the agency does neither, meaning it does not timely issue that order or timely respond and start action within 90 days, the Administrator must take (4)'s actions. (4) The Administrator must begin or finish appropriate section 2605(a) action or take applicable section 2606 action. (5) This does not remove the Administrator's duty to address risks not identified in such a report. (6) If the Administrator has begun section 2605(a) or 2606 action on a reported risk, the other agency must consult the Administrator before acting under its law, to avoid duplicate Federal action. (b) Laws administered by the Administrator. (1) The Administrator must coordinate this chapter with other Federal laws the Administrator administers. If those laws could sufficiently eliminate or reduce a chemical risk, the Administrator must use them unless, in the Administrator's discretion, using this chapter is in the public interest. This does not remove requirements imposed by those laws. (2) In choosing this subchapter instead, the Administrator must use reasonably available information to consider all relevant aspects of the risk and compare the estimated costs and effectiveness of action under this subchapter with action under the other law. (c) Occupational safety and health. When using this chapter, the Administrator is not considered, for section 653(b)(1) of title 29, to be exercising authority to prescribe or enforce occupational-safety-and-health standards or regulations. (d) Coordination. The Administrator must consult and coordinate with HHS, appropriate Federal executive departments and agencies, independent regulatory agencies, and other Federal instruments to enforce this chapter as fully as possible while minimizing duplicate burdens. The annual report required by section 2629 must tell Congress what coordination occurred and how this chapter was coordinated with the other laws in (b). (e) Exposure information. In addition to (a), if the Administrator obtains information about exposures or releases that another Federal law, including one the Administrator does not administer, could prevent or reduce, the Administrator must make it available to the relevant Federal agency or EPA office.
If the Administrator determines that the manufacture*, processing, distribution in commerce*, use, or disposal of a chemical substance* or mixture*, or that any combination of such activities, presents an unreasonable risk of injury to health or the environment*, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation* identified as relevant by the Administrator, under the conditions of use*, 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—
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
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
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.
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—
issues an order, within the time period specified by the Administrator in the report, 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
responds within the time period specified by the Administrator in the report and 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(a) or 2606 of this title with respect to such risk.
The Administrator shall take the actions described in paragraph (4) if the Administrator makes a report under paragraph (1) with respect to a chemical substance or mixture and the agency to which the report was made does not—
issue the order described in paragraph (2)(A) within the time period specified by the Administrator in the report; or
respond under paragraph (1) within the timeframe specified by the Administrator in the report; and
initiate action within 90 days of publication in the Federal Register of the response described in clause (i).
If an agency to which a report is submitted under paragraph (1) does not take the actions described in subparagraph (A) or (B) of paragraph (3), the Administrator shall—
initiate or complete appropriate action under section 2605(a) of this title; or
take any action authorized or required under section 2606 of this title, as applicable.
This subsection shall not relieve the Administrator of any obligation to take any appropriate action under section 2605(a) or 2606 of this title to address risks from the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or any combination of those activities, that are not identified in a report issued by the Administrator under paragraph (1).
If the Administrator has initiated action under section 2605(a) 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.
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.
In making a determination under paragraph (1) that it is in the public interest for the Administrator to take an action under this subchapter with respect to a chemical substance or mixture rather than under another law administered in whole or in part by the Administrator, the Administrator shall consider, based on information reasonably available to the Administrator, all relevant aspects of the risk described in paragraph (1) and a comparison of the estimated costs and efficiencies of the action to be taken under this subchapter and an action to be taken under such other law to protect against such risk.
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.
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).
In addition to the requirements of subsection (a), if the Administrator obtains information related to exposures or releases of a chemical substance or mixture that may be prevented or reduced under another Federal law, including a law not administered by the Administrator, the Administrator shall make such information available to the relevant Federal agency or office of the Environmental Protection Agency.
Source credit: (Pub. L. 94–469, title I, § 9, Oct. 11, 1976, 90 Stat. 2030; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, §§ 9, 19(h), June 22, 2016, 130 Stat. 476, 507.)
- 1976Enacted · Pub. L. 94-469 · 90 Stat. 2030
- 1986Amended · Pub. L. 99-519 · 100 Stat. 2989
- 2016Amended · Pub. L. 114-182 · 130 Stat. 476, 507
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-469 on 1976-10-11.
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