U.S. Code » Title 15 » Chapter CHAPTER 53— TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER I— CONTROL OF TOXIC SUBSTANCES

15 U.S.C. § 2606

Imminent hazards

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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, 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 immediately effective (as authorized by section 2605(d)(3)(A)(i) of this title) 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.

(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 can protect against such risk.

(Pub. L. 94–469, title I, § 7, Oct. 11, 1976, 90 Stat. 2026; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 102–550, title X, § 1021(b)(1), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, §§ 7, 19(f), June 22, 2016, 130 Stat. 470, 507.)Editorial NotesAmendments

2016—Subsec. (a)(1). Pub. L. 114–182, § 19(f)(1), in concluding provisions, substituted “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” for “a rule under section 2603 of this title, 2604 of this title, 2605 of this title, or subchapter IV or an order under section 2604 of this title or subchapter IV”.

Subsec. (a)(2). Pub. L. 114–182, § 19(f)(2), substituted “section 2605(d)(3)(A)(i)” for “section 2605(d)(2)(A)(i)”.

Subsec. (b)(1). Pub. L. 114–182, § 7(1), inserted “(as identified by the Administrator without consideration of costs or other nonrisk factors)” after “from the unreasonable risk”.

Subsec. (f). Pub. L. 114–182, § 7(2), inserted “, without consideration of costs or other nonrisk factors” after “widespread injury to health or the environment”.

1992—Subsec. (a)(1). Pub. L. 102–550 substituted “section 2603 of this title, 2604 of this title, 2605 of this title, or subchapter IV” for “section 2603, 2604, or 2605 of this title” in last sentence.

Pub. L. 102–550, which directed the insertion of “or subchapter IV” after “2604”, was executed by making the insertion after “2604” the second time appearing in last sentence, to reflect the probable intent of Congress.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 29 cases (1 in the last 5 years), 1980–2024 · leading case: The State of New York v. Shore Realty Corp. & Donald Leogrande, 759 F.2d 1032 (2d Cir. 1985).
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The State of New York v. Shore Realty Corp. & Donald Leogrande, 759 F.2d 1032 (2d Cir. 1985). “§ 6921 , the Toxic Substances Control Act, 15 U.S.C. § 2606 (1982), while authorizing EPA to designate additional substances that "may present substantial danger to the public health or welfare or the environment,” 42 U.”
Brewer v. Ravan, 680 F. Supp. 1176 (M.D. Tenn. 1988). · cites it 2× “See 15 U.S.C. §§ 2606 (a)-(b); § 2616 (1982).”
City of Philadelphia v. Stepan Chem. Co., 544 F. Supp. 1135 (E.D. Pa. 1982). “§ 7412 ; (f) any “imminently hazardous chemical substance or mixture” with respect to which the EPA has taken action pursuant to 15 U.S.C. § 2606 . See 42 U.S.C. § 9601 (14).”
State of Idaho v. Bunker Hill Co., 635 F. Supp. 665 (D. Idaho 1986). “c pollutant listed under section 307(a) of the Federal Water Pollution Control Act [33 USCS § 1317(a) ], (E) any hazardous air pollutant listed under section 112 of the Clean Air Act [42 USCS § 7412], and (F) any imminently hazardous chemical substance or mixture with respect to…”
Bulk Distrib. Centers, Inc. v. Monsanto Co., 589 F. Supp. 1437 (S.D. Fla. 1984). “§ 7412 ; (f) any “imminently hazardous chemical substance or mixture” with respect to which the EPA has taken action pursuant to 15 U.S.C. § 2606 . Phthalate esters are "hazardous substances” within the meaning of CERCLA.”
United States v. Wedzeb Enter., Inc., 809 F. Supp. 646 (S.D. Ind. 1992). “§ 6921 , the Toxic Substances Control Act, 15 U.S.C. § 2606 (1982). EPA is also authorized to designate additional substances that "may present substantial danger to the public health or welfare or the environment.”
Kelley v. Thomas Solvent Co., 727 F. Supp. 1532 (W.D. Mich. 1989). “§ 7412 ; and Section 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606 . 10 . In addition to listed hazardous substances, other substances are hazardous under CERCLA if they exhibit any of the hazardous characteristics identified under RCRA: EP toxicity, corrosivity,…”
United States v. Commonwealth Edison Co., 620 F. Supp. 1404 (N.D. Ill. 1985). · cites it 4× “In the even-numbered counts the government claims that the dielectric fluid containing PCBs spilled from Edison’s transformers and capacitors is an “imminently hazardous chemical substance” under 15 U.S.C. § 2606 . The government seeks an order compelling Edison to submit a list…”
United States v. Solvents Recovery Serv., Etc., 496 F. Supp. 1127 (D. Conn. 1980). “§§ 2601-2629 (concerning, inter alia, disposal problems posed by toxic chemicals; section 6(a) of the Act, 15 U.S.C. § 2606 (a), provides for relief in cases of disposal of “an imminently hazardous chemical substance”); Safe Drinking Water Act of 1974, 42 U.”
New York v. Next Millennium Realty, LLC, 160 F. Supp. 3d 485 (E.D.N.Y 2016). “§ 7412], and (F) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act [15 U.S.CA. § 2606]. The term does not include petroleum, including crude oil or any…”
United States v. Monsanto Co., 858 F.2d 160 (4th Cir. 1988). “1987), and the Toxic Substances Control Act, 15 U.S.C. § 2606 . Section 102(a) of CERCLA also authorizes EPA to list additional substances that "may present substantial danger, to the public health or welfare or the environment.”
Ultimate Sportsbar, Inc. v. United States, 48 Fed. Cl. 540 (Fed. Cl. 2001). “§ 9606 , and the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2606 and 2616, to compel cleanup of hazardous materials from the surrounding properties in the area owned by the Sugarhouse Entities.”
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