§ 2608. — Relationship to other Federal laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2608]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2608. Relationship to other Federal laws
(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.
(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 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.
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.
