(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 con- (B) maintain a rapid-alert system to inform certified lead-based paint activities contrac- (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 leadbased 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 performance 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, Sec. 405, as added Pub. L. 102-550, title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3917.) LEAD HAZARD INFORMATION PAMPHLET 15 USC 2686 (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 leadbased 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 residential 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, Sec. 406, as added Pub. L. 102-550, title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3920.) Section Referred to in Other Sections This section is referred to in section 2684 of this title; title 42 sections 4822, 4852d. REGULATIONS 15 USC 2687 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, Sec. 407, as added Pub. L. 102-550, title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3921.) CONTROL OF LEAD-BASED PAINT HAZARDS AT FEDERAL FACILITIES 15 USC 2688 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 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 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 program. 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, Sec. 408, as added Pub. L. 102-550, title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3921.) PROHIBITED ACTS 15 USC 2689 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, Sec. 409, as added Pub. L. 102-550, title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3921.) Section Referred to in Other Sections This section is referred to in sections 2615, 2616 of this title; title 42 section 4852d. RELATIONSHIP TO OTHER FEDERAL LAW 15 USC 2690 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, Sec. 410, as added Pub. L. 102-550, title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3921.) GENERAL PROVISIONS RELATING TO ADMINISTRATIVE PROCEEDINGS 15 USC 2691 (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 docket 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. such (B) The drafts of proposed rules submitted by the Administrator to the Office of Manage tion. (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, Sec. 411, as added Pub. L. 102-550, title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3922.) AUTHORIZATION OF APPROPRIATIONS 15 USC 2692 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, Sec. 412, as added Pub. L. 102-550, title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3923.) INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL [FEDERAL INSECTICIDE, FUNGICIDE, as amended1 7 U.S.C. § 136 et seq. SUBCHAPTER II-ENVIRONMENTAL DEFINITIONS 7 USC 136 For purposes of this subchapter (a) Active ingredient The term "active ingredient" means (1) in the case of a pesticide other than a plant regulator, defoliant, desiccant, or nitrogen stabilizer, an ingredient which will prevent, destroy, repel, or mitigate any pest; (2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof; (3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; (4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue; and (5) in the case of a nitrogen stabilizer, an ingredient which will prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria. (b) Administrator The term "Administrator" means the Administrator of the Environmental Protection Agency. (c) Adulterated The term "adulterated" applies to any pesticide if— (1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold; (2) any substance has been substituted wholly or in part for the pesticide; or (3) any valuable constituent of the pesticide has been wholly or in part abstracted. (d) Animal The term "animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. (e) Certified applicator, etc. (1) Certified applicator The term "certified applicator" means any individual who is certified under section 136i of this title as authorized to use or supervise the use of any pesticide which is classified for restricted use. Any applicator who holds or applies registered pesticides, or uses dilutions of registered pesticides consistent with subsection (ee) of this section, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served is not deemed to be a seller or distributor of pesticides under this subchapter. 'Editor's note: Text from Title 7, Chapter 6 of U.S. Code, amended by Pub. L 107-73, July 25, |