ICR Attachment 1: Toxic Substances Control Act Section 406 (15 USC 2686)

Page 1501

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-