---
kind: "section"
citation: "15 U.S.C. § 2608"
title: "15"
title_heading: "Commerce and Trade"
number: "2608"
heading: "Relationship to other Federal laws"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2608"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter I — Control of Toxic Substances"
---

# §2608. Relationship to other Federal laws

- (a) **Laws not administered by the Administrator—**
  - (1) If the [Administrator](/usc/15/2602.md?p=1) determines that the [manufacture](/usc/15/2602.md?p=9), processing, [distribution in commerce](/usc/15/2602.md?p=5), use, or disposal of a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10), or that any combination of such activities, presents an unreasonable risk of injury to health or the [environment](/usc/15/2602.md?p=6), without consideration of costs or other nonrisk factors, including an unreasonable risk to a [potentially exposed or susceptible subpopulation](/usc/15/2602.md?p=12) identified as relevant by the [Administrator](/usc/15/2602.md?p=1), under the [conditions of use](/usc/15/2602.md?p=4), and determines, in the [Administrator](/usc/15/2602.md?p=1)’s discretion, that such risk may be prevented or reduced to a sufficient extent by action taken under a Federal law not administered by the [Administrator](/usc/15/2602.md?p=1), the [Administrator](/usc/15/2602.md?p=1) shall submit to the agency which administers such law a report which describes such risk and includes in such description a specification of the activity or combination of activities which the [Administrator](/usc/15/2602.md?p=1) has reason to believe so presents such risk. Such report shall also request such agency—
    - (A)
      - (i) to determine if the risk described in such report may be prevented or reduced to a sufficient extent by action taken under such law, and
      - (ii) if the agency determines that such risk may be so prevented or reduced, to issue an order declaring whether or not the activity or combination of activities specified in the description of such risk presents such risk; and
    - (B) to respond to the [Administrator](/usc/15/2602.md?p=1) with respect to the matters described in [subparagraph (A)](#a-1-A).

    Any report of the [Administrator](/usc/15/2602.md?p=1) shall include a detailed statement of the information on which it is based and shall be published in the Federal Register. The agency receiving a request under such a report shall make the requested determination, issue the requested order, and make the requested response within such time as the [Administrator](/usc/15/2602.md?p=1) specifies in the request, but such time specified may not be less than 90 days from the date the request was made. The response of an agency shall be accompanied by a detailed statement of the findings and conclusions of the agency and shall be published in the Federal Register.

  - (2) If the [Administrator](/usc/15/2602.md?p=1) makes a report under [paragraph (1)](#a-1) with respect to a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) and the agency to which such report was made either—
    - (A) issues an order, within the time period specified by the [Administrator](/usc/15/2602.md?p=1) in the report, declaring that the activity or combination of activities specified in the description of the risk described in the report does not present the risk described in the report, or
    - (B) responds within the time period specified by the [Administrator](/usc/15/2602.md?p=1) in the report and initiates, within 90 days of the publication in the Federal Register of the response of the agency under [paragraph (1)](#a-1), action under the law (or laws) administered by such agency to protect against such risk associated with such activity or combination of activities,

    the [Administrator](/usc/15/2602.md?p=1) may not take any action under section [2605(a)](/usc/15/2605.md?p=a) or [2606](/usc/15/2606.md) of this title with respect to such risk.

  - (3) The [Administrator](/usc/15/2602.md?p=1) shall take the actions described in [paragraph (4)](#a-4) if the [Administrator](/usc/15/2602.md?p=1) makes a report under [paragraph (1)](#a-1) with respect to a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) and the agency to which the report was made does not—
    - (A) issue the order described in [paragraph (2)(A)](#a-2-A) within the time period specified by the [Administrator](/usc/15/2602.md?p=1) in the report; or
    - (B)
      - (i) respond under [paragraph (1)](#a-1) within the timeframe specified by the [Administrator](/usc/15/2602.md?p=1) in the report; and
      - (ii) initiate action within 90 days of publication in the Federal Register of the response described in [clause (i)](#a-3-B-i).
  - (4) If an agency to which a report is submitted under [paragraph (1)](#a-1) does not take the actions described in subparagraph [(A)](#a-3-A) or [(B)](#a-3-B) of paragraph (3), the [Administrator](/usc/15/2602.md?p=1) shall—
    - (A) initiate or complete appropriate action under [section 2605(a) of this title](/usc/15/2605.md?p=a); or
    - (B) take any action authorized or required under [section 2606 of this title](/usc/15/2606.md), as applicable.
  - (5) This subsection shall not relieve the [Administrator](/usc/15/2602.md?p=1) of any obligation to take any appropriate action under section [2605(a)](/usc/15/2605.md?p=a) or [2606](/usc/15/2606.md) of this title to address risks from the [manufacture](/usc/15/2602.md?p=9), processing, [distribution in commerce](/usc/15/2602.md?p=5), use, or disposal of a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10), or any combination of those activities, that are not identified in a report issued by the [Administrator](/usc/15/2602.md?p=1) under [paragraph (1)](#a-1).
  - (6) If the [Administrator](/usc/15/2602.md?p=1) has initiated action under section [2605(a)](/usc/15/2605.md?p=a) or [2606](/usc/15/2606.md) of this title with respect to a risk associated with a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) which was the subject of a report made to an agency under [paragraph (1)](#a-1), such agency shall before taking action under the law (or laws) administered by it to protect against such risk consult with the [Administrator](/usc/15/2602.md?p=1) for the purpose of avoiding duplication of Federal action against such risk.
- (b) **Laws administered by the Administrator—**
  - (1) The [Administrator](/usc/15/2602.md?p=1) shall coordinate actions taken under this chapter with actions taken under other Federal laws administered in whole or in part by the [Administrator](/usc/15/2602.md?p=1). If the [Administrator](/usc/15/2602.md?p=1) determines that a risk to health or the [environment](/usc/15/2602.md?p=6) associated with a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) could be eliminated or reduced to a sufficient extent by actions taken under the authorities contained in such other Federal laws, the [Administrator](/usc/15/2602.md?p=1) shall use such authorities to protect against such risk unless the [Administrator](/usc/15/2602.md?p=1) determines, in the [Administrator](/usc/15/2602.md?p=1)’s discretion, that it is in the public interest to protect against such risk by actions taken under this chapter. This subsection shall not be construed to relieve the [Administrator](/usc/15/2602.md?p=1) of any requirement imposed on the [Administrator](/usc/15/2602.md?p=1) by such other Federal laws.
  - (2) In making a determination under [paragraph (1)](#b-1) that it is in the public interest for the [Administrator](/usc/15/2602.md?p=1) to take an action under this subchapter with respect to a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) rather than under another law administered in whole or in part by the [Administrator](/usc/15/2602.md?p=1), the [Administrator](/usc/15/2602.md?p=1) shall consider, based on information reasonably available to the [Administrator](/usc/15/2602.md?p=1), all relevant aspects of the risk described in [paragraph (1)](#b-1) and a comparison of the estimated costs and efficiencies of the action to be taken under this subchapter and an action to be taken under such other law to protect against such risk.
- (c) **Occupational safety and health—** In exercising any authority under this chapter, the [Administrator](/usc/15/2602.md?p=1) shall not, for purposes of [section 653(b)(1) of title 29](/usc/29/653.md?p=b-1), be deemed to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health.
- (d) **Coordination—** In administering this chapter, the [Administrator](/usc/15/2602.md?p=1) shall consult and coordinate with the Secretary of Health and Human Services and the heads of any other appropriate Federal executive department or agency, any relevant independent regulatory agency, and any other appropriate instrumentality of the Federal Government for the purpose of achieving the maximum enforcement of this chapter while imposing the least burdens of duplicative requirements on those subject to the chapter and for other purposes. The [Administrator](/usc/15/2602.md?p=1) shall, in the report required by [section 2629 of this title](/usc/15/2629.md), report annually to the Congress on actions taken to coordinate with such other Federal departments, agencies, or instrumentalities, and on actions taken to coordinate the authority under this chapter with the authority granted under other Acts referred to in [subsection (b)](#b).
- (e) **Exposure information—** In addition to the requirements of [subsection (a)](#a), if the [Administrator](/usc/15/2602.md?p=1) obtains information related to exposures or releases of a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) that may be prevented or reduced under another Federal law, including a law not administered by the [Administrator](/usc/15/2602.md?p=1), the [Administrator](/usc/15/2602.md?p=1) shall make such information available to the relevant Federal agency or office of the Environmental Protection Agency.

## Source credit

(Pub. L. 94–469, title I, § 9, Oct. 11, 1976, 90 Stat. 2030; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, §§ 9, 19(h), June 22, 2016, 130 Stat. 476, 507.)

## Notes

### Editorial Notes

### Amendments

2016—Subsec. (a). Pub. L. 114–182, § 19(h)(1), substituted “section 2605(a)” for “section 2605” wherever appearing.

Subsec. (a)(1). Pub. L. 114–182, § 9(1)(A), in introductory provisions, substituted “determines” for “has reasonable basis to conclude”, struck out “or will present” after “presents”, and inserted “, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the Administrator, under the conditions of use,” after “or the environment”.

Subsec. (a)(2)(A). Pub. L. 114–182, § 9(1)(B)(i), inserted “, within the time period specified by the Administrator in the report,” after “issues an order”.

Subsec. (a)(2)(B). Pub. L. 114–182, § 9(1)(B)(ii), inserted “responds within the time period specified by the Administrator in the report and” before “initiates, within 90”.

Subsec. (a)(3) to (6). Pub. L. 114–182, § 9(1)(C), (D), added pars. (3) to (5) and redesignated former par. (3) as (6).

Subsec. (b). Pub. L. 114–182, § 9(2), designated existing provisions as par. (1) and added par. (2).

Subsec. (d). Pub. L. 114–182, § 19(h)(2), substituted “Health and Human Services” for “Health, Education, and Welfare”.

Subsec. (e). Pub. L. 114–182, § 9(3), added subsec. (e).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

### Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (d) of this section relating to reporting certain coordinating actions annually to Congress in the report required by section 2629 of this title, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 163 of House Document No. 103–7.
