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U.S. Code as of:
01/19/04
Section 2625. Administration
(a) Cooperation of Federal agencies
Upon request by the Administrator, each Federal department and
agency is authorized -
(1) to make its services, personnel, and facilities available
(with or without reimbursement) to the Administrator to assist
the Administrator in the administration of this chapter; and
(2) to furnish to the Administrator such information, data,
estimates, and statistics, and to allow the Administrator access
to all information in its possession as the Administrator may
reasonably determine to be necessary for the administration of
this chapter.
(b) Fees
(1) The Administrator may, by rule, require the payment of a
reasonable fee from any person required to submit data under
section 2603 or 2604 of this title to defray the cost of
administering this chapter. Such rules shall not provide for any
fee in excess of $2,500 or, in the case of a small business
concern, any fee in excess of $100. In setting a fee under this
paragraph, the Administrator shall take into account the ability to
pay of the person required to submit the data and the cost to the
Administrator of reviewing such data. Such rules may provide for
sharing such a fee in any case in which the expenses of testing are
shared under section 2603 or 2604 of this title.
(2) The Administrator, after consultation with the Administrator
of the Small Business Administration, shall by rule prescribe
standards for determining the persons which qualify as small
business concerns for purposes of paragraph (1).
(c) Action with respect to categories
(1) Any action authorized or required to be taken by the
Administrator under any provision of this chapter with respect to a
chemical substance or mixture may be taken by the Administrator in
accordance with that provision with respect to a category of
chemical substances or mixtures. Whenever the Administrator takes
action under a provision of this chapter with respect to a category
of chemical substances or mixtures, any reference in this chapter
to a chemical substance or mixture (insofar as it relates to such
action) shall be deemed to be a reference to each chemical
substance or mixture in such category.
(2) For purposes of paragraph (1):
(A) The term "category of chemical substances" means a group of
chemical substances the members of which are similar in molecular
structure, in physical, chemical, or biological properties, in
use, or in mode of entrance into the human body or into the
environment, or the members of which are in some other way
suitable for classification as such for purposes of this chapter,
except that such term does not mean a group of chemical
substances which are grouped together solely on the basis of
their being new chemical substances.
(B) The term "category of mixtures" means a group of mixtures
the members of which are similar in molecular structure, in
physical, chemical, or biological properties, in use, or in the
mode of entrance into the human body or into the environment, or
the members of which are in some other way suitable for
classification as such for purposes of this chapter.
(d) Assistance office
The Administrator shall establish in the Environmental Protection
Agency an identifiable office to provide technical and other
nonfinancial assistance to manufacturers and processors of chemical
substances and mixtures respecting the requirements of this chapter
applicable to such manufacturers and processors, the policy of the
Agency respecting the application of such requirements to such
manufacturers and processors, and the means and methods by which
such manufacturers and processors may comply with such
requirements.
(e) Financial disclosures
(1) Except as provided under paragraph (3), each officer or
employee of the Environmental Protection Agency and the Department
of Health and Human Services who -
(A) performs any function or duty under this chapter, and
(B) has any known financial interest (i) in any person subject
to this chapter or any rule or order in effect under this
chapter, or (ii) in any person who applies for or receives any
grant or contract under this chapter,
shall, on February 1, 1978, and on February 1 of each year
thereafter, file with the Administrator or the Secretary of Health
and Human Services (hereinafter in this subsection referred to as
the "Secretary"), as appropriate, a written statement concerning
all such interests held by such officer or employee during the
preceding calendar year. Such statement shall be made available to
the public.
(2) The Administrator and the Secretary shall -
(A) act within 90 days of January 1, 1977 -
(i) to define the term "known financial interests" for
purposes of paragraph (1), and
(ii) to establish the methods by which the requirement to
file written statements specified in paragraph (1) will be
monitored and enforced, including appropriate provisions for
review by the Administrator and the Secretary of such
statements; and
(B) report to the Congress on June 1, 1978, and on June 1 of
each year thereafter with respect to such statements and the
actions taken in regard thereto during the preceding calendar
year.
(3) The Administrator may by rule identify specific positions
with the Environmental Protection Agency, and the Secretary may by
rule identify specific positions with the Department of Health and
Human Services, which are of a nonregulatory or nonpolicymaking
nature, and the Administrator and the Secretary may by rule provide
that officers or employees occupying such positions shall be exempt
from the requirements of paragraph (1).
(4) This subsection does not supersede any requirement of chapter
11 of title 18.
(5) Any officer or employee who is subject to, and knowingly
violates, this subsection or any rule issued thereunder, shall be
fined not more than $2,500 or imprisoned not more than one year, or
both.
(f) Statement of basis and purpose
Any final order issued under this chapter shall be accompanied by
a statement of its basis and purpose. The contents and adequacy of
any such statement shall not be subject to judicial review in any
respect.
(g) Assistant Administrator
(1) The President, by and with the advice and consent of the
Senate, shall appoint an Assistant Administrator for Toxic
Substances of the Environmental Protection Agency. Such Assistant
Administrator shall be a qualified individual who is, by reason of
background and experience, especially qualified to direct a program
concerning the effects of chemicals on human health and the
environment. Such Assistant Administrator shall be responsible for
(A) the collection of data, (B) the preparation of studies, (C) the
making of recommendations to the Administrator for regulatory and
other actions to carry out the purposes and to facilitate the
administration of this chapter, and (D) such other functions as the
Administrator may assign or delegate.
(2) The Assistant Administrator to be appointed under paragraph
(1) shall be in addition to the Assistant Administrators of the
Environmental Protection Agency authorized by section 1(d) of
Reorganization Plan No. 3 of 1970.
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