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15 U.S.C. § 2606 — Imminent hazards
Federal law — U.S. Code and appendices · legal_authorities
**(a) Actions authorized and required**
(1) The Administrator may commence a civil action in an appropriate district court of the United States—
(A) for seizure of an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture,
(B) for relief (as authorized by subsection (b)) against any person who manufactures, processes, distributes in commerce, or uses, or disposes of, an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture, or
(C) for both such seizure and relief.
A civil action may be commenced under this paragraph notwithstanding the existence of a determination under section 2604 or 2605 of this title, a rule under section 2603, 2604, or 2605 of this title or subchapter IV, an order under section 2603, 2604, or 2605 of this title or subchapter IV, or a consent agreement under [section 2603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2603&num=0&edition=prelim), and notwithstanding the pendency of any administrative or judicial proceeding under any provision of this chapter.
(2) If the Administrator has not made a rule under [section 2605(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/a&num=0&edition=prelim) immediately effective (as authorized by [section 2605(d)(3)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/d/3/A/i&num=0&edition=prelim)) with respect to an imminently hazardous chemical substance or mixture, the Administrator shall commence in a district court of the United States with respect to such substance or mixture or article containing such substance or mixture a civil action described in subp
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Source file: Laws/federal/codes/united-states-code/title-15/section-2606-imminent-hazards--799b0b260e.md
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Source location: Title 15, Chapter 53, § 2606; chapter-053-toxic-substances-control.md
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**(a) Actions authorized and required**
(1) The Administrator may commence a civil action in an appropriate district court of the United States—
(A) for seizure of an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture,
(B) for relief (as authorized by subsection (b)) against any person who manufactures, processes, distributes in commerce, or uses, or disposes of, an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture, or
(C) for both such seizure and relief.
A civil action may be commenced under this paragraph notwithstanding the existence of a determination under section 2604 or 2605 of this title, a rule under section 2603, 2604, or 2605 of this title or subchapter IV, an order under section 2603, 2604, or 2605 of this title or subchapter IV, or a consent agreement under [section 2603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2603&num=0&edition=prelim), and notwithstanding the pendency of any administrative or judicial proceeding under any provision of this chapter.
(2) If the Administrator has not made a rule under [section 2605(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/a&num=0&edition=prelim) immediately effective (as authorized by [section 2605(d)(3)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/d/3/A/i&num=0&edition=prelim)) with respect to an imminently hazardous chemical substance or mixture, the Administrator shall commence in a district court of the United States with respect to such substance or mixture or article containing such substance or mixture a civil action described in subparagraph (A), (B), or (C) of paragraph (1).
**(b) Relief authorized**
(1) The district court of the United States in which an action under subsection (a) is brought shall have jurisdiction to grant such temporary or permanent relief as may be necessary to protect health or the environment from the unreasonable risk (as identified by the Administrator without consideration of costs or other nonrisk factors) associated with the chemical substance, mixture, or article involved in such action.
(2) In the case of an action under subsection (a) brought against a person who manufactures, processes, or distributes in commerce a chemical substance or mixture or an article containing a chemical substance or mixture, the relief authorized by paragraph (1) may include the issuance of a mandatory order requiring (A) in the case of purchasers of such substance, mixture, or article known to the defendant, notification to such purchasers of the risk associated with it; (B) public notice of such risk; (C) recall; (D) the replacement or repurchase of such substance, mixture, or article; or (E) any combination of the actions described in the preceding clauses.
(3) In the case of an action under subsection (a) against a chemical substance, mixture, or article, such substance, mixture, or article may be proceeded against by process of libel for its seizure and condemnation. Proceedings in such an action shall conform as nearly as possible to proceedings in rem in admiralty.
**(c) Venue and consolidation**
(1)
(A) An action under subsection (a) against a person who manufactures, processes, or distributes a chemical substance or mixture or an article containing a chemical substance or mixture may be brought in the United States District Court for the District of Columbia or for any judicial district in which any of the defendants is found, resides, or transacts business; and process in such an action may be served on a defendant in any other district in which such defendant resides or may be found. An action under subsection (a) against a chemical substance, mixture, or article may be brought in any United States district court within the jurisdiction of which the substance, mixture, or article is found.
(B) In determining the judicial district in which an action may be brought under subsection (a) in instances in which such action may be brought in more than one judicial district, the Administrator shall take into account the convenience of the parties.
(C) Subpeonas 11 So in original. Probably should be “Subpoenas”. requiring attendance of witnesses in an action brought under subsection (a) may be served in any judicial district.
(2) Whenever proceedings under subsection (a) involving identical chemical substances, mixtures, or articles are pending in courts in two or more judicial districts, they shall be consolidated for trial by order of any such court upon application reasonably made by any party in interest, upon notice to all parties in interest.
**(d) Action under section 2605** Where appropriate, concurrently with the filing of an action under subsection (a) or as soon thereafter as may be practicable, the Administrator shall initiate a proceeding for the promulgation of a rule under [section 2605(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/a&num=0&edition=prelim).
**(e) Representation** Notwithstanding any other provision of law, in any action under subsection (a), the Administrator may direct attorneys of the Environmental Protection Agency to appear and represent the Administrator in such an action.
**(f) “Imminently hazardous chemical substance or mixture” defined** For the purposes of subsection (a), the term “imminently hazardous chemical substance or mixture” means a chemical substance or mixture which presents an imminent and unreasonable risk of serious or widespread injury to health or the environment, without consideration of costs or other nonrisk factors. Such a risk to health or the environment shall be considered imminent if it is shown that the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance or mixture, or that any combination of such activities, is likely to result in such injury to health or the environment before a final rule under [section 2605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605&num=0&edition=prelim) can protect against such risk.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1)
(A) Except as provided in subparagraph (B) of this paragraph and subsection (h), no person may—
(i) manufacture a new chemical substance on or after the 30th day after the date on which the Administrator first publishes the list required by [section 2607(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2607/b&num=0&edition=prelim), or
(ii) manufacture or process any chemical substance for a use which the Administrator has determined, in accordance with paragraph (2), is a significant new use.
(B) A person may take the actions described in subparagraph (A) if—
(i) such person submits to the Administrator, at least 90 days before such manufacture or processing, a notice, in accordance with subsection (d), of such person’s intention to manufacture or process such substance and such person complies with any applicable requirement of, or imposed pursuant to, subsection (b), (e), or (f); and
(ii) the Administrator—
(I) conducts a review of the notice; and
(II) makes a determination under subparagraph (A), (B), or (C) of paragraph (3) and takes the actions required in association with that determination under such subparagraph within the applicable review period.
(2) A determination by the Administrator that a use of a chemical substance is a significant new use with respect to which notification is required under paragraph (1) shall be made by a rule promulgated after a consideration of all relevant factors, including—
(A) the projected volume of manufacturing and processing of a chemical substance,
(B) the extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance,
(C) the extent to which a use incre
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2604
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Scope of regulation** If the Administrator determines in accordance with subsection (b)(4)(A) that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or that any combination of such activities, presents an unreasonable risk of injury to health or the environment, the Administrator shall by rule and subject to [section 2617 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2617&num=0&edition=prelim), and in accordance with subsection (c)(2), apply one or more of the following requirements to such substance or mixture to the extent necessary so that the chemical substance or mixture no longer presents such risk:
(1) A requirement (A) prohibiting or otherwise restricting the manufacturing, processing, or distribution in commerce of such substance or mixture, or (B) limiting the amount of such substance or mixture which may be manufactured, processed, or distributed in commerce.
(2) A requirement—
(A) prohibiting or otherwise restricting the manufacture, processing, or distribution in commerce of such substance or mixture for (i) a particular use or (ii) a particular use in a concentration in excess of a level specified by the Administrator in the rule imposing the requirement, or
(B) limiting the amount of such substance or mixture which may be manufactured, processed, or distributed in commerce for (i) a particular use or (ii) a particular use in a concentration in excess of a level specified by the Administrator in the rule imposing the requirement.
(3) A requirement that such substance or mixture or any article containing such substance or mixture be marked with or accompanied by clear and adequate minimum warnings and instructions with respect to its use, di
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2605
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) human beings and the environment are being exposed each year to a large number of chemical substances and mixtures;
(2) among the many chemical substances and mixtures which are constantly being developed and produced, there are some whose manufacture, processing, distribution in commerce, use, or disposal may present an unreasonable risk of injury to health or the environment; and
(3) the effective regulation of interstate commerce in such chemical substances and mixtures also necessitates the regulation of intrastate commerce in such chemical substances and mixtures.
**(b) Policy** It is the policy of the United States that—
(1) adequate information should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such information should be the responsibility of those who manufacture and those who process such chemical substances and mixtures;
(2) adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and
(3) authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this chapter to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment.
**(c) Intent of Congress** It is the intent of Congress that the Administrator shall carry out this chapter in a reasonable and prudent manner, and that the Admin
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Testing requirements**
(1) If the Administrator finds that—
(A)
(i)
(I) the manufacture, distribution in commerce, processing, use, or disposal of a chemical substance or mixture, or that any combination of such activities, may present an unreasonable risk of injury to health or the environment,
(II) there is insufficient information and experience upon which the effects of such manufacture, distribution in commerce, processing, use, or disposal of such substance or mixture or of any combination of such activities on health or the environment can reasonably be determined or predicted, and
(III) testing of such substance or mixture with respect to such effects is necessary to develop such information; or
(ii)
(I) a chemical substance or mixture is or will be produced in substantial quantities, and (aa) it enters or may reasonably be anticipated to enter the environment in substantial quantities or (bb) there is or may be significant or substantial human exposure to such substance or mixture,
(II) there is insufficient information and experience upon which the effects of the manufacture, distribution in commerce, processing, use, or disposal of such substance or mixture or of any combination of such activities on health or the environment can reasonably be determined or predicted, and
(III) testing of such substance or mixture with respect to such effects is necessary to develop such information; and
(B) in the case of a mixture, the effects which the mixture’s manufacture, distribution in commerce, processing, use, or disposal or any combination of such activities may have on health or the environment may not be reasonably and more efficiently determined or predicted by testing the chemical substances which
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2603
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Laws not administered by the Administrator**
(1) If the Administrator determines that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or that any combination of such activities, presents an unreasonable risk of injury to health or the environment, 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, and determines, in the Administrator’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, the Administrator 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 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 with respect to the matters described in subparagraph (A).
Any report of the Administrator 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2608
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), any person may commence a civil action—
(1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of this chapter or any rule promulgated under section 2603, 2604, or 2605 of this title, or subchapter II or IV, or order issued under section 2603 or 2604 of this title or subchapter II or IV to restrain such violation, or
(2) against the Administrator to compel the Administrator to perform any act or duty under this chapter which is not discretionary.
Any civil action under paragraph (1) shall be brought in the United States district court for the district in which the alleged violation occurred or in which the defendant resides or in which the defendant’s principal place of business is located. Any action brought under paragraph (2) shall be brought in the United States District Court for the District of Columbia, or the United States district court for the judicial district in which the plaintiff is domiciled. The district courts of the United States shall have jurisdiction over suits brought under this section, without regard to the amount in controversy or the citizenship of the parties. In any civil action under this subsection process may be served on a defendant in any judicial district in which the defendant resides or may be found and subpoenas for witnesses may be served in any judicial district.
**(b) Limitation** No civil action may be commenced—
(1) under subsection (a)(1) to restrain a violation of this chapter or rule or order under this chapter—
(A) before the expiration of 60 days after the plaintiff has given notice of such violation
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2619
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State enforcement; compliance orders**
(1) Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of any condition or limitation which implements section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title in a permit issued by a State under an approved permit program under section 1342 or 1344 of this title he shall proceed under his authority in paragraph (3) of this subsection or he shall notify the person in alleged violation and such State of such finding. If beyond the thirtieth day after the Administrator’s notification the State has not commenced appropriate enforcement action, the Administrator shall issue an order requiring such person to comply with such condition or limitation or shall bring a civil action in accordance with subsection (b) of this section.
(2) Whenever, on the basis of information available to him, the Administrator finds that violations of permit conditions or limitations as set forth in paragraph (1) of this subsection are so widespread that such violations appear to result from a failure of the State to enforce such permit conditions or limitations effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the thirtieth day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will enforce such conditions and limitations (hereafter referred to in this section as the period of “federally assumed enforcement”), except where an extension has been granted under paragraph (5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation with respect to any person—
(A) by issuing
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Federal law — U.S. Code and appendices · legal_authorities
For purpose of this subchapter—
(1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency.
(3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit.
(4) The term “claim” means a demand in writing for a sum certain.
(5) The term “claimant” means any person who presents a claim for compensation under this chapter.
(6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title.
(7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals.
(8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.
(9) The term “facility” means (A) any building, st
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance, jurisdiction, etc.** In addition to any other action taken by a State or local government, when the President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility, he may require the Attorney General of the United States to secure such relief as may be necessary to abate such danger or threat, and the district court of the United States in the district in which the threat occurs shall have jurisdiction to grant such relief as the public interest and the equities of the case may require. The President may also, after notice to the affected State, take other action under this section including, but not limited to, issuing such orders as may be necessary to protect public health and welfare and the environment.
**(b) Fines; reimbursement**
(1) Any person who, without sufficient cause, willfully violates, or fails or refuses to comply with, any order of the President under subsection (a) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $25,000 for each day in which such violation occurs or such failure to comply continues.
(2)
(A) Any person who receives and complies with the terms of any order issued under subsection (a) may, within 60 days after completion of the required action, petition the President for reimbursement from the Fund for the reasonable costs of such action, plus interest. Any interest payable under this paragraph shall accrue on the amounts expended from the date of expenditure at the same rate as specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter
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Federal law — U.S. Code and appendices · legal_authorities
Page 1871
TITLE 15—COMMERCE AND TRADE
§ 2606
Subsec. (d)(3). Pub. L. 114–182, § 6(5)(A), redesignated
par. (2) as (3).
Subsec. (d)(3)(A). Pub. L. 114–182, § 6(5)(C)(i)(I), in in-
troductory provisions, substituted ‘‘, and compliance
with the proposed requirements to be mandatory, upon
publication in the Federal Register of the proposed rule
and until the compliance dates applicable to such re-
quirements in a final rule promulgated under section
2605(a) of this title or until the Administrator revokes
such proposed rule, in accordance with subparagraph
(B), if’’ for ‘‘upon its publication in the Federal Reg-
ister and until the effective date of final action taken,
in accordance with subparagraph (B), respecting such
rule if’’.
Subsec. (d)(3)(A)(i)(I). Pub. L. 114–182, § 6(5)(C)(i)(II),
inserted ‘‘without consideration of costs or other non-
risk factors’’ after ‘‘effective date’’.
Subsec. (d)(3)(B). Pub. L. 114–182, § 6(5)(C)(ii), sub-
stituted ‘‘in accordance with subsection (c), and either
promulgate such rule (as proposed or with modifica-
tions) or revoke it.’’ for ‘‘, provide reasonable oppor-
tunity, in accordance with paragraphs (2) and (3) of sub-
section (c), for a hearing on such rule, and either pro-
mulgate such rule (as proposed or with modifications)
or revoke it; and if such a hearing is requested, the Ad-
ministrator shall commence the hearing within five
days from the date such request is made unless the Ad-
ministrator and the person making the request agree
upon a later date for the hearing to begin, and after the
hearing is concluded the Administrator shall, within
ten days of the conclusion of the hearing, either pro-
mulgate such rule (as proposed or with modifications)
or revoke it.’’
Subsec. (e)(4). Pub. L. 114–182, § 6(6), s
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2606
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