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18. Environmental Protection Agency 

 Reorganization Plan No. 3 of 1970; 42 U.S.C. 4321 note 



Section 1. Establishment or Agenct 



(a) There Is hereby established the Environmental 

 Protection Agency, hereinafter referred to aa the 

 "Agency." 



(b) There shall be at the head of the Agency the Ad- 

 ministrator of the Environmental Protection Agency, 

 hereinafter referred to as the "Administrator " The Ad- 

 ministrator shall be appointed by the President, by and 

 with the advice and consent of the Senate, and shall 

 be compensated at the rate now or heresifter provided for 

 I>evel II of the Executive Schedule Pay Rates (5 U.S.C. 

 5313). 



(c) There shall be In the Agency a Deputy Administra- 

 tor of the Environmental Protection Agency who shall 

 be appointed by the President, by and with the advice and 

 consent of the Senate, and shall be compensated at the 

 rate now or hereafter provided for Level in of the Elxecu- 

 tlve Schedule Pay Rates (5 U.S.C 6314). The Deputy 

 Administrator shall perform such functions as the Ad- 

 ministrator shall from time to time assign or delegate, 

 and shall act as Administrator during the absence or 

 dlse^blllty of the Administrator or in the event of a 

 vacancy In the ofBce of Administrator. 



(d) There shall be In the Agency not to exceed Ave 

 Assistant Administrators of the Environmental Protection 

 Agency who shall be appointed by the President, by and 

 with the advice and consent of the Senate, and shall be 

 compensated at the rate now or hereafter provided for 

 Level rv of the Executive Schedule Pay Rates (5 U.SX3. 

 5315). Each Assistant Administrator shall perform such 

 functions as the Administrator shall from time to time 

 assign or delegate. 



Sec. 2. Transfers to Environmentaj. Protection Agenct 

 (a) There are hereby transferred to the Administrator; 



(1) All functions vested by law In the Secretary of the 

 Interior and the Department of the Interior which are 

 administered through the Federal Water Quality Admin- 

 istration, all functions which were transferred to the 

 Secretary of the Interior by Reorganization Plan No. a 

 of 1966 (80 Stat. 1608). and all functions vested In the 

 Secretary of the InUrlor or the D^ortment of the In- 

 terior by the Federal Water Pollution Control Act or by 

 provisions of law amendatory or supplementary thereof. 



(2) (I) The functions vested In the Secretary of the In- 

 terior by the Act of August 1. 1958. 72 Stat. 479. 16 U.S.C. 

 742d-l (being an Act relating to studies on the effects of 

 insecticides, hei^blcldes. fungicides, and pesticides upon 

 the flsh and wildlife resources of the United States), and 

 (11) the functions vested toy law In the Secretary of the 

 Interior and the Department of the Interior which are 

 administered by the Gulf Breeze Biological Laboratory 

 of the Bureau of Commercial Fisheries at Gulf Breeze. 

 Florida. 



(3) The functions vested by law In the Secretary of 

 Health. Education, and Welfare or In the Department of 

 Health. Education, and Welfare which are administered 

 through the EJnvlronmental Health Service, Including the 

 functions exercised by the following components thereof: 



(I) The National Air Pollution Control Administration. 



(II) The Environmental Control Administration: 



(A) Bureau of Solid W«Bte Management. 



(B) Bureau of Water Hygiene. 



(C) Bureau of Radiological Health. 



except that functions carried out by the following com- 

 ponents of the E:nvlronmental Control Administration of 

 the Environmental Hetdth Service are not transferred: (1) 

 Bureau of Community Environmental Management. (II) 

 Bureau of Obcupatlonal Safety and Health, and (HI) 

 Bureau of Radiological Health. Insofar as the functions 

 carried out by the latter Bureau pertain to (A) regula- 

 tion of radiation from consumer products. Including 

 electronic product radiation. (B) radiation as used In the 

 healing arts. (C) occupational exposvures to radiation, and 

 (D) research, technical assistance, and training related to 

 clauses (A). (B).and (C). 



(4) The functions vested In the Secretary of Health, 

 Education, and Welfare of establishing tolerances for 

 pesticide chemicals under the Federal Food. Drug, and 

 Cosmetic Act. as amended, 31 U.SX7. 346, 346a, and 348. 

 together with authority. In connection with the functions 

 transferred, (1) to monitor compliance with the tolerances 

 and the effectiveness of survellltuice and enforcement, and 

 (II) to provide technical assistance to the States and 

 conduct research under the F^ederal Food. Drug, and 

 Cosmetic Act. as amended, and the Public Health Service 

 Act. as amended. 



(5) So much of the functions of the Council on En- 

 vlrormiental Quality under section 204(5) of the National 

 Environmental Policy Act of 1969. [section 4344'(5) of 

 this tltlel. (Public L*w 91-190. approved January 1. 1970. 

 83 Stat. 855). as pertains to ecological systems. 



(6) The functions of the Atomic Energy Commission 

 under the Atomic Energy Act of 1954. as amended, ad- 

 ministered through Its Division of Radiation Protection 

 Standards, to the extent that such functions of the Com- 

 mission consist of establishing generally applicable en- 

 vironmental standards for the protection of the general 

 environment from radioactive material. As used herein, 

 standards mean limits on radiation exposures or levels, or 

 concentrations or quantities of radioactive material. In the 

 general environment outside the boundaries of locations 

 under the control of persons possessing or using radio- 

 active material. 



(7) All functions of the Federal Radiation Council (43 

 use. 2021(h)). 



(8)(1) The functions of the Secretary of Agriculture 

 and the Department of Agriculture under the Federal 

 Insecticide. Fungicide, and Rodentlclde Act, as amended 

 (7 use. 135-135k). (II) the functions of the Secretary 

 of Agriculture and the Department of Agriculture under 

 section 409(1) of the F>ederal Food. Drug, and Cosmetic 

 Act. as amended (21 U.S.C. 346a(l)). and <U1) the func- 

 tions vested by law In the Secretary of Agriculture and 

 the Department of Agriculture which are cMlmlnLstered 

 through the Environmental Quality Branch of the Plant 

 Protection Division of the Agricultural Research Service. 



(9) So much of the functions of the transferor of&cers 

 and agencies referred to In or affected by the foregoing 

 provisions of this section as Is incidental to or necessary 

 for the performance by or under the Administrator of 

 the functions transferred by those provisions or relates 

 primarily to those functions. The transfers to the Admin- 

 istrator made by this section shall be deemed to Include 

 the transfer of (1) authority, provided by law. to pre- 

 scribe regulations relating primarily to the transferred 

 functions, and (2) the functions vested In the Secretary 

 of the Interior smd the Secretary of Health. Education, 

 and Welfare by section 169(d)(1)(B) and (3) of the 

 Internal Revenue Code of 19M (as enacted by section 

 704 of the Tax Reform Act of 1969. 83 Stat. 668): but 

 shall be deemed to exclude the transfer of the functions 

 of the Bureau of Reclamation under section 3(b)'(l) of 

 the Water PoUutlon Control Act (33 UB.C. 4ea(b)(l)). 



(b) There are hereby transferred to the Agency: 



(1) From the Department of the Interior, (I) the 

 Waiter Pollution Control Advisory Board (33 U.S.C. 46«f). 

 together with Its functions, and (11) the hearing boards 

 provided for In sections 10(c)(4) and 10(f) of the Fed- 

 eral Water Pollution Control Act. as amended (33 U.S.C. 

 466g(c)(4); 4«6g(f)). The functions of the Secretary of 

 the Interior with respect to being or designating the 

 Chairman of the Water Pollution Control Advisory Board 

 are hereby transferred to the Administrator. 



(2) From the Department of Health, Education, and 

 Welfare, the Air Quality Advisory Board (42 U.S.C. 

 1857e). together with Its functions. The functions of the 

 Secretary of Health. Bducatlon. and Welfare with respect 

 to being a member and the Chairman of that Board are 

 hereby transferred to the Administrator. 



Sec. 3. Pertormance or TRANsnaiajcD Functions 

 The Administrator may from time to time make such 



