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TITLE 15—COMMERCE AND TRADE
tional testing data to the extent resources are
available, including any reliable data supplied
by Federal agencies, States, or other parties.
(d) Information on risks and testing
(1) The Administrator shall provide to the departments or agencies conducting studies under
subsection (a) of this section the following:
(A) Guidance and data detailing the risks associated with high radon levels.
(B) Technical guidance and related information concerning testing for radon within Federal buildings and water supplies.
(C) Technical guidance and related information concerning methods for reducing radon
levels.
(2) In addition to the assistance required by
paragraph (1), the Administrator is authorized
to make available, on a cost reimbursable basis,
to the departments or agencies conducting studies under subsection (a) of this section devices
suitable for use by such departments or agencies
in conducting tests for radon within Federal
buildings. For the purpose of assisting such departments or agencies in evaluating any such
devices for the presence of radon levels, the Administrator is authorized to recommend laboratories or to make available to such departments
or agencies, on a cost reimbursable basis, the
use of laboratories of the Environmental Protection Agency.
(e) Study deadline
Not later than June 1, 1990, the head of each
Federal department or agency conducting a
study under subsection (a) of this section shall
complete the study and provide the study to the
Administrator.
(f) Report to Congress
Not later than October 1, 1990, the Administrator shall submit a report to the Congress describing the results of the studies conducted
pursuant to subsection (a) of this section.
(Pub. L. 94–469, title III, § 309, as added Pub. L.
100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2763.)
§ 2670. Regulations
The Administrator is authorized to issue such
regulations as may be necessary to carry out the
provisions of this subchapter.
(Pub. L. 94–469, title III, § 310, as added Pub. L.
100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2764.)
§ 2671. Additional authorizations
Amounts authorized to be appropriated in this
subchapter for purposes of carrying out the provisions of this subchapter are in addition to
amounts authorized to be appropriated under
other provisions of law for radon-related activities.
(Pub. L. 94–469, title III, § 311, as added Pub. L.
100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2764.)
SUBCHAPTER IV—LEAD EXPOSURE
REDUCTION
§ 2681. Definitions
For the purposes of this subchapter:
Page 1496
(1) Abatement
The term ‘‘abatement’’ means any set of
measures designed to permanently eliminate
lead-based paint hazards in accordance with
standards established by the Administrator
under this subchapter. Such term includes—
(A) the removal of lead-based paint and
lead-contaminated dust, the permanent containment or encapsulation of lead-based
paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil; and
(B) all preparation, cleanup, disposal, and
postabatement clearance testing activities
associated with such measures.
(2) Accessible surface
The term ‘‘accessible surface’’ means an interior or exterior surface painted with leadbased paint that is accessible for a young child
to mouth or chew.
(3) Deteriorated paint
The term ‘‘deteriorated paint’’ means any
interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated.
(4) Evaluation
The term ‘‘evaluation’’ means risk assessment, inspection, or risk assessment and inspection.
(5) Friction surface
The term ‘‘friction surface’’ means an interior or exterior surface that is subject to abrasion or friction, including certain window,
floor, and stair surfaces.
(6) Impact surface
The term ‘‘impact surface’’ means an interior or exterior surface that is subject to damage by repeated impacts, for example, certain
parts of door frames.
(7) Inspection
The term ‘‘inspection’’ means (A) a surfaceby-surface investigation to determine the
presence of lead-based paint, as provided in
section 4822(c) of title 42, and (B) the provision
of a report explaining the results of the investigation.
(8) Interim controls
The term ‘‘interim controls’’ means a set of
measures designed to reduce temporarily
human exposure or likely exposure to leadbased paint hazards, including specialized
cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of
lead-based paint hazards or potential hazards,
and the establishment and operation of management and resident education programs.
(9) Lead-based paint
The term ‘‘lead-based paint’’ means paint or
other surface coatings that contain lead in excess of 1.0 milligrams per centimeter squared
or 0.5 percent by weight or (A) in the case of
paint or other surface coatings on target housing, such lower level as may be established by
the Secretary of Housing and Urban Develop-
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TITLE 15—COMMERCE AND TRADE
ment, as defined in section 4822(c) of title 42,
or (B) in the case of any other paint or surface
coatings, such other level as may be established by the Administrator.
(10) Lead-based paint hazard
The term ‘‘lead-based paint hazard’’ means
any condition that causes exposure to lead
from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces,
friction surfaces, or impact surfaces that
would result in adverse human health effects
as established by the Administrator under this
subchapter.
(11) Lead-contaminated dust
The term ‘‘lead-contaminated dust’’ means
surface dust in residential dwellings that contains an area or mass concentration of lead in
excess of levels determined by the Administrator under this subchapter to pose a threat
of adverse health effects in pregnant women or
young children.
(12) Lead-contaminated soil
The term ‘‘lead-contaminated soil’’ means
bare soil on residential real property that contains lead at or in excess of the levels determined to be hazardous to human health by the
Administrator under this subchapter.
(13) Reduction
The term ‘‘reduction’’ means measures designed to reduce or eliminate human exposure
to lead-based paint hazards through methods
including interim controls and abatement.
(14) Residential dwelling
The term ‘‘residential dwelling’’ means—
(A) a single-family dwelling, including attached structures such as porches and
stoops; or
(B) a single-family dwelling unit in a
structure that contains more than 1 separate
residential dwelling unit, and in which each
such unit is used or occupied, or intended to
be used or occupied, in whole or in part, as
the home or residence of 1 or more persons.
(15) Residential real property
The term ‘‘residential real property’’ means
real property on which there is situated 1 or
more residential dwellings used or occupied, or
intended to be used or occupied, in whole or in
part, as the home or residence of 1 or more
persons.
(16) Risk assessment
The term ‘‘risk assessment’’ means an onsite investigation to determine and report the
existence, nature, severity and location of
lead-based paint hazards in residential dwellings, including—
(A) information gathering regarding the
age and history of the housing and occupancy by children under age 6;
(B) visual inspection;
(C) limited wipe sampling or other environmental sampling techniques;
(D) other activity as may be appropriate;
and
(E) provision of a report explaining the results of the investigation.
§ 2682
(17) Target housing
The term ‘‘target housing’’ means any housing constructed prior to 1978, except housing
for the elderly or persons with disabilities (unless any child who is less than 6 years of age
resides or is expected to reside in such housing
for the elderly or persons with disabilities) or
any 0-bedroom dwelling. In the case of jurisdictions which banned the sale or use of leadbased paint prior to 1978, the Secretary of
Housing and Urban Development, at the Secretary’s discretion, may designate an earlier
date.
(Pub. L. 94–469, title IV, § 401, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3912.)
§ 2682. Lead-based paint activities training and
certification
(a) Regulations
(1) In general
Not later than 18 months after October 28,
1992, the Administrator shall, in consultation
with the Secretary of Labor, the Secretary of
Housing and Urban Development, and the Secretary of Health and Human Services (acting
through the Director of the National Institute
for Occupational Safety and Health), promulgate final regulations governing lead-based
paint activities to ensure that individuals engaged in such activities are properly trained;
that training programs are accredited; and
that contractors engaged in such activities are
certified. Such regulations shall contain
standards for performing lead-based paint activities, taking into account reliability, effectiveness, and safety. Such regulations shall require that all risk assessment, inspection, and
abatement activities performed in target
housing shall be performed by certified contractors, as such term is defined in section
4851b of title 42. The provisions of this section
shall supersede the provisions set forth under
the heading ‘‘Lead Abatement Training and
Certification’’ and under the heading ‘‘Training Grants’’ in title III of the Act entitled ‘‘An
Act making appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, commissions, corporations, and
offices for the fiscal year ending September 30,
1992, and for other purposes’’, Public Law
102–139 [105 Stat. 765, 42 U.S.C. 4822 note], and
upon October 28, 1992, the provisions set forth
in such public law under such headings shall
cease to have any force and effect.
(2) Accreditation of training programs
Final regulations promulgated under paragraph (1) shall contain specific requirements
for the accreditation of lead-based paint activities training programs for workers, supervisors, inspectors and planners, and other individuals involved in lead-based paint activities,
including, but not limited to, each of the following:
(A) Minimum requirements for the accreditation of training providers.
(B) Minimum training curriculum requirements.
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TITLE 15—COMMERCE AND TRADE
(C) Minimum training hour requirements.
(D) Minimum hands-on training requirements.
(E) Minimum trainee competency and proficiency requirements.
(F) Minimum requirements for training
program quality control.
(3) Accreditation and certification fees
The Administrator (or the State in the case
of an authorized State program) shall impose
a fee on—
(A) persons operating training programs
accredited under this subchapter; and
(B) lead-based paint activities contractors
certified in accordance with paragraph (1).
The fees shall be established at such level as is
necessary to cover the costs of administering
and enforcing the standards and regulations
under this section which are applicable to
such programs and contractors. The fee shall
not be imposed on any State, local government, or nonprofit training program. The Administrator (or the State in the case of an authorized State program) may waive the fee for
lead-based paint activities contractors under
subparagraph (A) for the purpose of training
their own employees.
(b) Lead-based paint activities
For purposes of this subchapter, the term
‘‘lead-based paint activities’’ means—
(1) in the case of target housing, risk assessment, inspection, and abatement; and
(2) in the case of any public building constructed before 1978, commercial building,
bridge, or other structure or superstructure,
identification of lead-based paint and materials containing lead-based paint, deleading,
removal of lead from bridges, and demolition.
For purposes of paragraph (2), the term ‘‘deleading’’ means activities conducted by a person
who offers to eliminate lead-based paint or leadbased paint hazards or to plan such activities.
(c) Renovation and remodeling
(1) Guidelines
In order to reduce the risk of exposure to
lead in connection with renovation and remodeling of target housing, public buildings constructed before 1978, and commercial buildings, the Administrator shall, within 18
months after October 28, 1992, promulgate
guidelines for the conduct of such renovation
and remodeling activities which may create a
risk of exposure to dangerous levels of lead.
The Administrator shall disseminate such
guidelines to persons engaged in such renovation and remodeling through hardware and
paint stores, employee organizations, trade
groups, State and local agencies, and through
other appropriate means.
(2) Study of certification
The Administrator shall conduct a study of
the extent to which persons engaged in various
types of renovation and remodeling activities
in target housing, public buildings constructed
before 1978, and commercial buildings are exposed to lead in the conduct of such activities
or disturb lead and create a lead-based paint
Page 1498
hazard on a regular or occasional basis. The
Administrator shall complete such study and
publish the results thereof within 30 months
after October 28, 1992.
(3) Certification determination
Within 4 years after October 28, 1992, the Administrator shall revise the regulations under
subsection (a) of this section to apply the regulations to renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings
that create lead-based paint hazards. In determining which contractors are engaged in such
activities, the Administrator shall utilize the
results of the study under paragraph (2) and
consult with the representatives of labor organizations, lead-based paint activities contractors, persons engaged in remodeling and renovation, experts in lead health effects, and
others. If the Administrator determines that
any category of contractors engaged in renovation or remodeling does not require certification, the Administrator shall publish an explanation of the basis for that determination.
(Pub. L. 94–469, title IV, § 402, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3914.)
§ 2683. Identification of dangerous levels of lead
Within 18 months after October 28, 1992, the
Administrator shall promulgate regulations
which shall identify, for purposes of this subchapter and the Residential Lead-Based Paint
Hazard Reduction Act of 1992 [42 U.S.C. 4851 et
seq.], lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil.
(Pub. L. 94–469, title IV, § 403, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3916.)
REFERENCES IN TEXT
The Residential Lead-Based Paint Hazard Reduction
Act of 1992, referred to in text, is title X of Pub. L.
102–550, Oct. 28, 1992, 106 Stat. 3897, which is classified
principally to chapter 63A (§ 4851 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 4851 of Title 42 and Tables.
§ 2684. Authorized State programs
(a) Approval
Any State which seeks to administer and enforce the standards, regulations, or other requirements established under section 2682 or 2686
of this title, or both, may, after notice and opportunity for public hearing, develop and submit
to the Administrator an application, in such
form as the Administrator shall require, for authorization of such a State program. Any such
State may also certify to the Administrator at
the time of submitting such program that the
State program meets the requirements of paragraphs (1) and (2) of subsection (b) of this section. Upon submission of such certification, the
State program shall be deemed to be authorized
under this section, and shall apply in such State
in lieu of the corresponding Federal program
under section 2682 or 2686 of this title, or both,
as the case may be, until such time as the Ad-
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TITLE 15—COMMERCE AND TRADE
ministrator disapproves the program or withdraws the authorization.
(b) Approval or disapproval
Within 180 days following submission of an application under subsection (a) of this section,
the Administrator shall approve or disapprove
the application. The Administrator may approve
the application only if, after notice and after opportunity for public hearing, the Administrator
finds that—
(1) the State program is at least as protective of human health and the environment as
the Federal program under section 2682 or 2686
of this title, or both, as the case may be, and
(2) such State program provides adequate enforcement.
Upon authorization of a State program under
this section, it shall be unlawful for any person
to violate or fail or refuse to comply with any
requirement of such program.
(c) Withdrawal of authorization
If a State is not administering and enforcing a
program authorized under this section in compliance with standards, regulations, and other
requirements of this subchapter, the Administrator shall so notify the State and, if corrective
action is not completed within a reasonable
time, not to exceed 180 days, the Administrator
shall withdraw authorization of such program
and establish a Federal program pursuant to
this subchapter.
(d) Model State program
Within 18 months after October 28, 1992, the
Administrator shall promulgate a model State
program which may be adopted by any State
which seeks to administer and enforce a State
program under this subchapter. Such model program shall, to the extent practicable, encourage
States to utilize existing State and local certification and accreditation programs and procedures. Such program shall encourage reciprocity
among the States with respect to the certification under section 2682 of this title.
(e) Other State requirements
Nothing in this subchapter shall be construed
to prohibit any State or political subdivision
thereof from imposing any requirements which
are more stringent than those imposed by this
subchapter.
(f) State and local certification
The regulations under this subchapter shall,
to the extent appropriate, encourage States to
seek program authorization and to use existing
State and local certification and accreditation
procedures, except that a State or local government shall not require more than 1 certification
under this section for any lead-based paint activities contractor to carry out lead-based paint
activities in the State or political subdivision
thereof.
(g) Grants to States
The Administrator is authorized to make
grants to States to develop and carry out authorized State programs under this section. The
grants shall be subject to such terms and conditions as the Administrator may establish to further the purposes of this subchapter.
§ 2685
(h) Enforcement by Administrator
If a State does not have a State program authorized under this section and in effect by the
date which is 2 years after promulgation of the
regulations under section 2682 or 2686 of this
title, the Administrator shall, by such date, establish a Federal program for section 2682 or 2686
of this title (as the case may be) for such State
and administer and enforce such program in
such State.
(Pub. L. 94–469, title IV, § 404, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3916.)
§ 2685. Lead abatement and measurement
(a) Program to promote lead exposure abatement
The Administrator, in cooperation with other
appropriate Federal departments and agencies,
shall conduct a comprehensive program to promote safe, effective, and affordable monitoring,
detection, and abatement of lead-based paint
and other lead exposure hazards.
(b) Standards for environmental sampling laboratories
(1) The Administrator shall establish protocols, criteria, and minimum performance standards for laboratory analysis of lead in paint
films, soil, and dust. Within 2 years after October 28, 1992, the Administrator, in consultation
with the Secretary of Health and Human Services, shall establish a program to certify laboratories as qualified to test substances for lead
content unless the Administrator determines,
by the date specified in this paragraph, that effective voluntary accreditation programs are in
place and operating on a nationwide basis at the
time of such determination. To be certified
under such program, a laboratory shall, at a
minimum, demonstrate an ability to test substances accurately for lead content.
(2) Not later than 24 months after October 28,
1992, and annually thereafter, the Administrator
shall publish and make available to the public a
list of certified or accredited environmental
sampling laboratories.
(3) If the Administrator determines under
paragraph (1) that effective voluntary accreditation programs are in place for environmental
sampling laboratories, the Administrator shall
review the performance and effectiveness of such
programs within 3 years after such determination. If, upon such review, the Administrator determines that the voluntary accreditation programs are not effective in assuring the quality
and consistency of laboratory analyses, the Administrator shall, not more than 12 months
thereafter, establish a certification program
that meets the requirements of paragraph (1).
(c) Exposure studies
(1) The Secretary of Health and Human Services (hereafter in this subsection referred to as
the ‘‘Secretary’’), acting through the Director of
the Centers for Disease Control,1 (CDC), and the
Director of the National Institute of Environmental Health Sciences, shall jointly conduct a
study of the sources of lead exposure in children
1 So
in original. The comma probably should not appear.
§ 2685
TITLE 15—COMMERCE AND TRADE
who have elevated blood lead levels (or other indicators of elevated lead body burden), as defined by the Director of the Centers for Disease
Control.
(2) The Secretary, in consultation with the Director of the National Institute for Occupational
Safety and Health, shall conduct a comprehensive study of means to reduce hazardous occupational lead abatement exposures. This study
shall include, at a minimum, each of the following—
(A) Surveillance and intervention capability
in the States to identify and prevent hazardous exposures to lead abatement workers.
(B) Demonstration of lead abatement control methods and devices and work practices
to identify and prevent hazardous lead exposures in the workplace.
(C) Evaluation, in consultation with the National Institute of Environmental Health Sciences, of health effects of low and high levels
of occupational lead exposures on reproductive, neurological, renal, and cardiovascular
health.
(D) Identification of high risk occupational
settings to which prevention activities and resources should be targeted.
(E) A study assessing the potential exposures and risks from lead to janitorial and custodial workers.
(3) The studies described in paragraphs (1) and
(2) shall, as appropriate, examine the relative
contributions to elevated lead body burden from
each of the following:
(A) Drinking water.
(B) Food.
(C) Lead-based paint and dust from leadbased paint.
(D) Exterior sources such as ambient air and
lead in soil.
(E) Occupational exposures, and other exposures that the Secretary determines to be appropriate.
(4) Not later than 30 months after October 28,
1992, the Secretary shall submit a report to the
Congress concerning the studies described in
paragraphs (1) and (2).
(d) Public education
(1) The Administrator, in conjunction with the
Secretary of Health and Human Services, acting
through the Director of the Agency for Toxic
Substances and Disease Registry, and in conjunction with the Secretary of Housing and
Urban Development, shall sponsor public education and outreach activities to increase public
awareness of—
(A) the scope and severity of lead poisoning
from household sources;
(B) potential exposure to sources of lead in
schools and childhood day care centers;
(C) the implications of exposures for men
and women, particularly those of childbearing
age;
(D) the need for careful, quality, abatement
and management actions;
(E) the need for universal screening of children;
(F) other components of a lead poisoning
prevention program;
Page 1500
(G) the health consequences of lead exposure
resulting from lead-based paint hazards;
(H) risk assessment and inspection methods
for lead-based paint hazards; and
(I) measures to reduce the risk of lead exposure from lead-based paint.
(2) The activities described in paragraph (1)
shall be designed to provide educational services
and information to—
(A) health professionals;
(B) the general public, with emphasis on parents of young children;
(C) homeowners, landlords, and tenants;
(D) consumers of home improvement products;
(E) the residential real estate industry; and
(F) the home renovation industry.
(3) In implementing the activities described in
paragraph (1), the Administrator shall assure coordination with the President’s Commission on
Environmental Quality’s education and awareness campaign on lead poisoning.
(4) The Administrator, in consultation with
the Chairman of the Consumer Product Safety
Commission, shall develop information to be distributed by retailers of home improvement products to provide consumers with practical information related to the hazards of renovation and
remodeling where lead-based paint may be
present.
(e) Technical assistance
(1) Clearinghouse
Not later than 6 months after October 28,
1992, the Administrator shall establish, in consultation with the Secretary of Housing and
Urban Development and the Director of the
Centers for Disease Control, a National Clearinghouse on Childhood Lead Poisoning (hereinafter in this section referred to as ‘‘Clearinghouse’’). The Clearinghouse shall—
(A) collect, evaluate, and disseminate current information on the assessment and reduction of lead-based paint hazards, adverse
health effects, sources of exposure, detection
and risk assessment methods, environmental
hazards abatement, and clean-up standards;
(B) maintain a rapid-alert system to inform certified lead-based paint activities
contractors of significant developments in
research related to lead-based paint hazards;
and
(C) perform any other duty that the Administrator determines necessary to achieve
the purposes of this chapter.
(2) Hotline
Not later than 6 months after October 28,
1992, the Administrator, in cooperation with
other Federal agencies and with State and
local governments, shall establish a single
lead-based paint hazard hotline to provide the
public with answers to questions about lead
poisoning prevention and referrals to the
Clearinghouse for technical information.
(f) Products for lead-based paint activities
Not later than 30 months after October 28,
1992, the President shall, after notice and opportunity for comment, establish by rule appropriate criteria, testing protocols, and perform-
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TITLE 15—COMMERCE AND TRADE
ance characteristics as are necessary to ensure,
to the greatest extent possible and consistent
with the purposes and policy of this subchapter,
that lead-based paint hazard evaluation and reduction products introduced into commerce
after a period specified in the rule are effective
for the intended use described by the manufacturer. The rule shall identify the types or classes of products that are subject to such rule. The
President, in implementation of the rule, shall,
to the maximum extent possible, utilize independent testing laboratories, as appropriate, and
consult with such entities and others in developing the rules. The President may delegate the
authorities under this subsection to the Environmental Protection Agency or the Secretary
of Commerce or such other appropriate agency.
(Pub. L. 94–469, title IV, § 405, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3917.)
§ 2686. Lead hazard information pamphlet
(a) Lead hazard information pamphlet
Not later than 2 years after October 28, 1992,
after notice and opportunity for comment, the
Administrator of the Environmental Protection
Agency, in consultation with the Secretary of
Housing and Urban Development and with the
Secretary of Health and Human Services, shall
publish, and from time to time revise, a lead
hazard information pamphlet to be used in connection with this subchapter and section 4852d of
title 42. The pamphlet shall—
(1) contain information regarding the health
risks associated with exposure to lead;
(2) provide information on the presence of
lead-based paint hazards in federally assisted,
federally owned, and target housing;
(3) describe the risks of lead exposure for
children under 6 years of age, pregnant
women, women of childbearing age, persons involved in home renovation, and others residing in a dwelling with lead-based paint hazards;
(4) describe the risks of renovation in a
dwelling with lead-based paint hazards;
(5) provide information on approved methods
for evaluating and reducing lead-based paint
hazards and their effectiveness in identifying,
reducing, eliminating, or preventing exposure
to lead-based paint hazards;
(6) advise persons how to obtain a list of contractors certified pursuant to this subchapter
in lead-based paint hazard evaluation and reduction in the area in which the pamphlet is
to be used;
(7) state that a risk assessment or inspection
for lead-based paint is recommended prior to
the purchase, lease, or renovation of target
housing;
(8) state that certain State and local laws
impose additional requirements related to
lead-based paint in housing and provide a listing of Federal, State, and local agencies in
each State, including address and telephone
number, that can provide information about
applicable laws and available governmental
and private assistance and financing; and
(9) provide such other information about environmental hazards associated with residen-
§ 2688
tial real property as the Administrator deems
appropriate.
(b) Renovation of target housing
Within 2 years after October 28, 1992, the Administrator shall promulgate regulations under
this subsection to require each person who performs for compensation a renovation of target
housing to provide a lead hazard information
pamphlet to the owner and occupant of such
housing prior to commencing the renovation.
(Pub. L. 94–469, title IV, § 406, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3920.)
§ 2687. Regulations
The regulations of the Administrator under
this subchapter shall include such recordkeeping
and reporting requirements as may be necessary
to insure the effective implementation of this
subchapter. The regulations may be amended
from time to time as necessary.
(Pub. L. 94–469, title IV, § 407, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3921.)
§ 2688. Control of lead-based paint hazards at
Federal facilities
Each department, agency, and instrumentality of executive, legislative, and judicial
branches of the Federal Government (1) having
jurisdiction over any property or facility, or (2)
engaged in any activity resulting, or which may
result, in a lead-based paint hazard, and each officer, agent, or employee thereof, shall be subject to, and comply with, all Federal, State,
interstate, and local requirements, both substantive and procedural (including any requirement for certification, licensing, recordkeeping,
or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a
court to enforce such relief) respecting leadbased paint, lead-based paint activities, and
lead-based paint hazards in the same manner,
and to the same extent as any nongovernmental
entity is subject to such requirements, including
the payment of reasonable service charges. The
Federal, State, interstate, and local substantive
and procedural requirements referred to in this
subsection include, but are not limited to, all
administrative orders and all civil and administrative penalties and fines regardless of whether
such penalties or fines are punitive or coercive
in nature, or whether imposed for isolated,
intermittent or continuing violations. The
United States hereby expressly waives any immunity otherwise applicable to the United
States with respect to any such substantive or
procedural requirement (including, but not limited to, any injunctive relief, administrative
order, or civil or administrative penalty or fine
referred to in the preceding sentence, or reasonable service charge). The reasonable service
charges referred to in this section include, but
are not limited to, fees or charges assessed for
certification and licensing, as well as any other
nondiscriminatory charges that are assessed in
connection with a Federal, State, interstate, or
local lead-based paint, lead-based paint activities, or lead-based paint hazard activities pro-
§ 2689
TITLE 15—COMMERCE AND TRADE
gram. No agent, employee, or officer of the
United States shall be personally liable for any
civil penalty under any Federal, State, interstate, or local law relating to lead-based paint,
lead-based paint activities, or lead-based paint
hazards with respect to any act or omission
within the scope of his official duties.
(Pub. L. 94–469, title IV, § 408, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3921.)
§ 2689. Prohibited acts
It shall be unlawful for any person to fail or
refuse to comply with a provision of this subchapter or with any rule or order issued under
this subchapter.
(Pub. L. 94–469, title IV, § 409, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3921.)
§ 2690. Relationship to other Federal law
Nothing in this subchapter shall affect the authority of other appropriate Federal agencies to
establish or enforce any requirements which are
at least as stringent as those established pursuant to this subchapter.
(Pub. L. 94–469, title IV, § 410, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3921.)
§ 2691. General provisions relating to administrative proceedings
(a) Applicability
This section applies to the promulgation or revision of any regulation issued under this subchapter.
(b) Rulemaking docket
Not later than the date of proposal of any action to which this section applies, the Administrator shall establish a rulemaking docket for
such action (hereinafter in this subsection referred to as a ‘‘rule’’). Whenever a rule applies
only within a particular State, a second (identical) docket shall be established in the appropriate regional office of the Environmental Protection Agency.
(c) Inspection and copying
(1) The rulemaking docket required under subsection (b) of this section shall be open for inspection by the public at reasonable times specified in the notice of proposed rulemaking. Any
person may copy documents contained in the
docket. The Administrator shall provide copying
facilities which may be used at the expense of
the person seeking copies, but the Administrator may waive or reduce such expenses in
such instances as the public interest requires.
Any person may request copies by mail if the
person pays the expenses, including personnel
costs to do the copying.
(2)(A) Promptly upon receipt by the agency,
all written comments and documentary information on the proposed rule received from any
person for inclusion in the docket during the
comment period shall be placed in the docket.
The transcript of public hearings, if any, on the
proposed rule shall also be included in the dock-
Page 1502
et promptly upon receipt from the person who
transcribed such hearings. All documents which
become available after the proposed rule has
been published and which the Administrator determines are of central relevance to the rulemaking shall be placed in the docket as soon as
possible after their availability.
(B) The drafts of proposed rules submitted by
the Administrator to the Office of Management
and Budget for any interagency review process
prior to proposal of any such rule, all documents
accompanying such drafts, and all written comments thereon by other agencies and all written
responses to such written comments by the Administrator shall be placed in the docket no
later than the date of proposal of the rule. The
drafts of the final rule submitted for such review
process prior to promulgation and all such written comments thereon, all documents accompanying such drafts, and written responses
thereto shall be placed in the docket no later
than the date of promulgation.
(d) Explanation
(1) The promulgated rule shall be accompanied
by an explanation of the reasons for any major
changes in the promulgated rule from the proposed rule.
(2) The promulgated rule shall also be accompanied by a response to each of the significant
comments, criticisms, and new data submitted
in written or oral presentations during the comment period.
(3) The promulgated rule may not be based (in
part or whole) on any information or data which
has not been placed in the docket as of the date
of such promulgation.
(e) Judicial review
The material referred to in subsection (c)(2)(B)
of this section shall not be included in the
record for judicial review.
(f) Effective date
The requirements of this section shall take effect with respect to any rule the proposal of
which occurs after 90 days after October 28, 1992.
(Pub. L. 94–469, title IV, § 411, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3922.)
§ 2692. Authorization of appropriations
There are authorized to be appropriated to
carry out the purposes of this subchapter such
sums as may be necessary.
(Pub. L. 94–469, title IV, § 412, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3923.)
SUBCHAPTER V—HEALTHY HIGHPERFORMANCE SCHOOLS
§ 2695. Grants for healthy school environments
(a) In general
The Administrator, in consultation with the
Secretary of Education, may provide grants to
States for use in—
(1) providing technical assistance for programs of the Environmental Protection Agency (including the Tools for Schools Program
| File Type | application/pdf |
| File Modified | 2010-06-24 |
| File Created | 2010-06-24 |