§2608 — Title 15 Commerce and Trade | U.S. Code

Summary

When the EPA Administrator finds a chemical or how it is used could unreasonably harm people or the environment — and makes that judgment without considering costs and including groups who are especially at risk — the Administrator must send a report to any other federal agency that might deal with the problem. The report must describe the risk and the activity causing it, and ask that agency to say if it can prevent or reduce the risk and to respond. If the other agency issues an order within the time the EPA sets saying the activity does not present the risk, or if it replies and starts action under its law within 90 days after its reply is published in the Federal Register, the EPA steps back. If the other agency fails to act in the time set or fails to start action within 90 days, the EPA must use its own authorities to protect against the risk. The EPA still must act on any risks it did not report, and if the EPA already started action, the other agency must consult with the EPA to avoid duplicate federal actions. The EPA must also coordinate its work with other federal laws it runs. If another law could fix a risk, the EPA should use that law unless it decides it is better to act under this law, and it must weigh the risk, costs, and likely effectiveness when choosing. Acting under this law is not treated as making workplace safety rules under labor law. The EPA must consult with Health and Human Services and other agencies to maximize enforcement and reduce duplicate requirements, report each year to Congress about that coordination, and share any exposure or release information it gets with the appropriate federal office or agency.

Title 15, §2608

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)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—

(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).

(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, 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

(B)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,

(3)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—

(A)issue the order described in paragraph (2)(A) within the time period specified by the Administrator in the report; or

(B)(i)respond under paragraph (1) within the timeframe specified by the Administrator in the report; and

(ii)initiate action within 90 days of publication in the Federal Register of the response described in clause (i).

(4)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—

(A)initiate or complete appropriate action under section 2605(a) of this title; or

(B)take any action authorized or required under section 2606 of this title, as applicable.

(5)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).

(6)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.

(b)(1)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.

(2)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.

(c)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)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).

(e)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (a). Pub. L. 114–182, § 19(h)(1), substituted “section 2605(a)” for “section 2605” wherever appearing. Subsec. (a)(1). Pub. L. 114–182, § 9(1)(A), in introductory provisions, substituted “determines” for “has reasonable basis to conclude”, struck out “or will present” after “presents”, and inserted “, 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,” after “or the environment”. Subsec. (a)(2)(A). Pub. L. 114–182, § 9(1)(B)(i), inserted “, within the time period specified by the Administrator in the report,” after “issues an order”. Subsec. (a)(2)(B). Pub. L. 114–182, § 9(1)(B)(ii), inserted “responds within the time period specified by the Administrator in the report and” before “initiates, within 90”. Subsec. (a)(3) to (6). Pub. L. 114–182, § 9(1)(C), (D), added pars. (3) to (5) and redesignated former par. (3) as (6). Subsec. (b). Pub. L. 114–182, § 9(2), designated existing provisions as par. (1) and added par. (2). Subsec. (d). Pub. L. 114–182, § 19(h)(2), substituted “Health and Human Services” for “Health, Education, and Welfare”. Subsec. (e). Pub. L. 114–182, § 9(3), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. Termination of Reporting RequirementsFor 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.

§2608 Relationship to Other Federal Laws