PRIA, Government Policy, Made Personal

Summary

The EPA Administrator can go to a federal court to seize a chemical that poses an immediate danger or to get orders that stop or control its manufacture, sale, use, or disposal. If the Administrator has not made an immediate emergency rule for that chemical, the Administrator must file a court case. A court can order temporary or permanent actions needed to protect health or the environment based only on the risk the Administrator finds. For companies that make, sell, or move the chemical, the court can force them to warn known buyers, give public notice, recall the product, replace or buy back items, or do any combination of those steps. The EPA can sue for the seizure of the actual chemical, bring cases where defendants live or do business (or where the chemical is found), ask courts to combine similar cases, and have EPA lawyers represent the agency. The Administrator should start rulemaking under section 2605 at the same time as the court case. “Imminently hazardous chemical substance or mixture” — a chemical that creates an immediate and serious risk to health or the environment and is likely to cause harm before a final rule can protect against it.

Title 15, §2606

Commerce and Trade, Source: USLM XML via OLRC

(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 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 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.

§2606 Imminent Hazards