U.S. Code
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Title 15
» Chapter CHAPTER 53— TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER I— CONTROL OF TOXIC SUBSTANCES
15 U.S.C. § 2610
Inspections and subpoenas
(a) In generalFor purposes of administering this chapter, the Administrator, and any duly designated representative of the Administrator, may inspect any establishment, facility, or other premises in which chemical substances, mixtures, or products subject to subchapter IV are manufactured, processed, stored, or held before or after their distribution in commerce and any conveyance being used to transport chemical substances, mixtures, such products, or such articles in connection with distribution in commerce. Such an inspection may only be made upon the presentation of appropriate credentials and of a written notice to the owner, operator, or agent in charge of the premises or conveyance to be inspected. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness and shall be conducted at reasonable times, within reasonable limits, and in a reasonable manner.
(b) Scope(1) Except as provided in paragraph (2), an inspection conducted under subsection (a) shall extend to all things within the premises or conveyance inspected (including records, files, papers, processes, controls, and facilities) bearing on whether the requirements of this chapter applicable to the chemical substances, mixtures, or products subject to subchapter IV within such premises or conveyance have been complied with.(2) No inspection under subsection (a) shall extend to—(A) financial information,(B) sales information (other than shipment information),(C) pricing information,(D) personnel information, or(E) research information (other than information required by this chapter or under a rule promulgated, order issued, or consent agreement entered into thereunder),unless the nature and extent of such information are described with reasonable specificity in the written notice required by subsection (a) for such inspection.(c) SubpoenasIn carrying out this chapter, the Administrator may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents, answers to questions, and other information that the Administrator deems necessary. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In the event of contumacy, failure, or refusal of any person to obey any such subpoena, any district court of the United States in which venue is proper shall have jurisdiction to order any such person to comply with such subpoena. Any failure to obey such an order of the court is punishable by the court as a contempt thereof.
(Pub. L. 94–469, title I, § 11, Oct. 11, 1976, 90 Stat. 2032; 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)(2), (3), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, § 19(j), June 22, 2016, 130 Stat. 507.)Editorial NotesAmendments2016—Subsec. (b)(2). Pub. L. 114–182, § 19(j)(1), substituted “information” for “data” wherever appearing.
Subsec. (b)(2)(E). Pub. L. 114–182, § 19(j)(2), substituted “rule promulgated, order issued, or consent agreement entered into” for “rule promulgated”.
1992—Subsec. (a). Pub. L. 102–550, § 1021(b)(2), in first sentence, substituted “substances, mixtures, or products subject to subchapter IV” for “substances or mixtures” and inserted “such products,” before “or such articles”.
Subsec. (b)(1). Pub. L. 102–550, § 1021(b)(3), substituted “chemical substances, mixtures, or products subject to subchapter IV” for “chemical substances or mixtures”.
Statutory Notes and Related SubsidiariesEffective DateSection 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
Boliden Metech, Inc. v. United States, 695 F. Supp. 77 (D.R.I. 1988).
· cites it 4× “Subsequently, on January 28, 1988, the EPA made an ex parte application before a magistrate in the United States District Court for the District of Rhode Island seeking an administrative warrant to enter and inspect the Boliden facility pursuant to TSCA § 11, 15 U.S.C. § 2610 .…”
Bobreski v. U.S. Env't Prot. Agency, 284 F. Supp. 2d 67 (D.D.C. 2003).
“15 U.S.C. § 2610 (c); cf. 15 U.S.C. § 2622 (b)-(d) (specifically identifying the powers of the Secretary).”
United States v. M/V Sanctuary, 540 F.3d 295 (4th Cir. 2008).
· cites it 5× “” 15 U.S.C. § 2610 (a). In addition, this inspection authority reaches “any conveyance being used to transport” a regulated substance “in connection with distribution in commerce.”
Penn Cent. Corp. v. United States, 862 F. Supp. 437 (Regl. Rail Reorg. Act 1994).
“14, 1979 (outlining potential violations of the Toxic Substances Control Act, 15 U.S.C. §§ 2610 et seq. ). [69] This is further demonstrated by Penn Central's insistence that the government's recovery negotiations for other environmental damage in other railyards somehow is…”
Lockett v. United States, 938 F.2d 630 (6th Cir. 1991).
“15 U.S.C. § 2610 permits the EPA to inspect sites as necessary to enforce TSCA and regulations promulgated thereunder.”
United States Env't Prot. Agency v. Alyeska Pipeline Serv. Co., 836 F.2d 443 (9th Cir. 1988).
· cites it 3× “Children’s Hospital Medical Center of Northern Nevada, 719 F.2d 1426 (9th Cir.1983), an en banc panel of this court announced the following test to determine when a court should enforce administrative investigative subpoenas: The scope of the judicial inquiry in an EEOC or any…”
Lockett v. United States, 714 F. Supp. 848 (E.D. Mich. 1989).
“15 U.S.C. § 2610 . The method of conducting PCB inspections and protecting the public are not defined within the Act or regulations promulgated thereunder.”
United States v. Andersen, 109 F. Supp. 3d 1049 (N.D. Ind. 2014).
· cites it 5× “The Government asks that the Court order Respondent Ryan Andersen to comply with an administrative subpoena issued and served upon him by the EPA under its subpoena powers in the Toxic Substances Control Act (“TSCA”), 15 U.S.C. § 2610 (c). The Government represents that Andersen…”
Beyer v. Napleton Motor Corp. (N.D. Ill. 2022).
“1 On page 1 of the Complaint, Beyer claims jurisdiction under “15 U.S.C. § 2610 (Magnuson Moss Act),” (Dkt.”
— 15 U.S.C. § 2610(a) — 2 cases
— 15 U.S.C. § 2610(c) — 2 cases
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