15 U.S.C. § 2689 — Prohibited acts

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-