§ 2625. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2625]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2625. Administration
(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.
(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.)
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.
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 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.
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.
Section Referred to in Other Sections
This section is referred to in title 42 sections 4370a, 4370c.
