15 U.S.C. § 2686 — Lead hazard information pamphlet

Page 1934 TITLE 15—COMMERCE AND TRADE § 2686 (D) the need for careful, quality, abatement and management actions; (E) the need for universal screening of chil- dren; (F) other components of a lead poisoning prevention program; (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 expo- sure 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 par- ents of young children; (C) homeowners, landlords, and tenants; (D) consumers of home improvement prod- ucts; (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 co- ordination with the President’s Commission on Environmental Quality’s education and aware- ness campaign on lead poisoning. (4) The Administrator, in consultation with the Chairman of the Consumer Product Safety Commission, shall develop information to be dis- tributed by retailers of home improvement prod- ucts to provide consumers with practical infor- mation 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 con- sultation with the Secretary of Housing and Urban Development and the Director of the Centers for Disease Control, a National Clear- inghouse on Childhood Lead Poisoning (here- inafter in this section referred to as ‘‘Clearing- house’’). The Clearinghouse shall— (A) collect, evaluate, and disseminate cur- rent information on the assessment and re- duction 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 in- form 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 Ad- ministrator 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 oppor- tunity for comment, establish by rule appro- priate criteria, testing protocols, and perform- 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 re- duction products introduced into commerce after a period specified in the rule are effective for the intended use described by the manufac- turer. The rule shall identify the types or class- es of products that are subject to such rule. The President, in implementation of the rule, shall, to the maximum extent possible, utilize inde- pendent testing laboratories, as appropriate, and consult with such entities and others in devel- oping the rules. The President may delegate the authorities under this subsection to the Envi- ronmental 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 con- nection 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 in- volved in home renovation, and others resid- ing in a dwelling with lead-based paint haz- ards; (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 con- tractors certified pursuant to this subchapter in lead-based paint hazard evaluation and re- duction 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 list- ing of Federal, State, and local agencies in each State, including address and telephone Page 1935 TITLE 15—COMMERCE AND TRADE § 2691 number, that can provide information about applicable laws and available governmental and private assistance and financing; and (9) provide such other information about en- vironmental hazards associated with residen- tial real property as the Administrator deems appropriate. (b) Renovation of target housing Within 2 years after October 28, 1992, the Ad- ministrator shall promulgate regulations under this subsection to require each person who per- forms 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 instrumen- tality 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 of- ficer, agent, or employee thereof, shall be sub- ject to, and comply with, all Federal, State, interstate, and local requirements, both sub- stantive and procedural (including any require- ment for certification, licensing, recordkeeping, or reporting or any provisions for injunctive re- lief and such sanctions as may be imposed by a court to enforce such relief) respecting lead- based 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 adminis- trative 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 im- munity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not lim- ited to, any injunctive relief, administrative order, or civil or administrative penalty or fine referred to in the preceding sentence, or reason- able 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 activi- ties, or lead-based paint hazard activities pro- gram. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, inter- state, 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 sub- chapter 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 au- thority of other appropriate Federal agencies to establish or enforce any requirements which are at least as stringent as those established pursu- ant 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 administra- tive proceedings (a) Applicability This section applies to the promulgation or re- vision of any regulation issued under this sub- chapter. (b) Rulemaking docket Not later than the date of proposal of any ac- tion to which this section applies, the Adminis- trator shall establish a rulemaking docket for such action (hereinafter in this subsection re- ferred to as a ‘‘rule’’). Whenever a rule applies only within a particular State, a second (iden- tical) docket shall be established in the appro- priate regional office of the Environmental Pro- tection Agency. (c) Inspection and copying (1) The rulemaking docket required under sub- section (b) shall be open for inspection by the public at reasonable times specified in the no- tice 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 ex- penses, including personnel costs to do the copy- ing. (2)(A) Promptly upon receipt by the agency, all written comments and documentary infor-