
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
