15 U.S.C. § 2608 : US Code - Section 2608: Relationship to other Federal laws

Search 15 U.S.C. § 2608 : US Code - Section 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.