---
kind: "section"
citation: "15 U.S.C. § 2606"
title: "15"
title_heading: "Commerce and Trade"
number: "2606"
heading: "Imminent hazards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2606"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter I — Control of Toxic Substances"
---

# §2606. Imminent hazards

- (a) **Actions authorized and required—**
  - (1) The [Administrator](/usc/15/2602.md?p=1) may commence a civil action in an appropriate district court of the [United States](/usc/15/2602.md?p=17)—
    - (A) for seizure of an imminently hazardous [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) or any article containing such a substance or [mixture](/usc/15/2602.md?p=10),
    - (B) for relief (as authorized by [subsection (b)](#b)) against any [person](/usc/15/7a.md?p=6) who [manufactures](/usc/15/2602.md?p=9), [processes](/usc/15/2602.md?p=13), distributes in [commerce](/usc/15/2602.md?p=3), or uses, or disposes of, an imminently hazardous [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) or any article containing such a substance or [mixture](/usc/15/2602.md?p=10), 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](/usc/15/2604.md) or [2605](/usc/15/2605.md) of this title, a rule under section [2603](/usc/15/2603.md), [2604](/usc/15/2604.md), or [2605](/usc/15/2605.md) of this title or subchapter IV, an order under section [2603](/usc/15/2603.md), [2604](/usc/15/2604.md), or [2605](/usc/15/2605.md) of this title or subchapter IV, or a consent [agreement](/usc/15/7a.md?p=2) under [section 2603 of this title](/usc/15/2603.md), and notwithstanding the pendency of any administrative or judicial proceeding under any provision of this chapter.

  - (2) If the [Administrator](/usc/15/2602.md?p=1) has not made a rule under [section 2605(a) of this title](/usc/15/2605.md?p=a) immediately effective (as authorized by [section 2605(d)(3)(A)(i) of this title](/usc/15/2605.md?p=d-3-A-i)) with respect to an imminently hazardous [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10), the [Administrator](/usc/15/2602.md?p=1) shall commence in a district court of the [United States](/usc/15/2602.md?p=17) with respect to such substance or [mixture](/usc/15/2602.md?p=10) or article containing such substance or [mixture](/usc/15/2602.md?p=10) a civil action described in subparagraph [(A)](#a-1-A), [(B)](#a-1-B), or [(C)](#a-1-C) of paragraph (1).
- (b) **Relief authorized—**
  - (1) The district court of the [United States](/usc/15/2602.md?p=17) in which an action under [subsection (a)](#a) is brought shall have jurisdiction to grant such temporary or permanent relief as may be necessary to protect health or the [environment](/usc/15/2602.md?p=6) from the unreasonable risk (as identified by the [Administrator](/usc/15/2602.md?p=1) without consideration of costs or other nonrisk factors) associated with the [chemical substance](/usc/15/2602.md?p=2-A), [mixture](/usc/15/2602.md?p=10), or article involved in such action.
  - (2) In the case of an action under [subsection (a)](#a) brought against a [person](/usc/15/7a.md?p=6) who [manufactures](/usc/15/2602.md?p=9), [processes](/usc/15/2602.md?p=13), or distributes in [commerce](/usc/15/2602.md?p=3) a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) or an article containing a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10), the relief authorized by [paragraph (1)](#b-1) may include the issuance of a mandatory order requiring (A) in the case of purchasers of such substance, [mixture](/usc/15/2602.md?p=10), 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](/usc/15/2602.md?p=10), or article; or (E) any combination of the actions described in the preceding clauses.
  - (3) In the case of an action under [subsection (a)](#a) against a [chemical substance](/usc/15/2602.md?p=2-A), [mixture](/usc/15/2602.md?p=10), or article, such substance, [mixture](/usc/15/2602.md?p=10), or article may be proceeded against by [process](/usc/15/2602.md?p=13) 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)](#a) against a [person](/usc/15/7a.md?p=6) who [manufactures](/usc/15/2602.md?p=9), [processes](/usc/15/2602.md?p=13), or distributes a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) or an article containing a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) may be brought in the [United States](/usc/15/2602.md?p=17) 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](/usc/15/2602.md?p=13) 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)](#a) against a [chemical substance](/usc/15/2602.md?p=2-A), [mixture](/usc/15/2602.md?p=10), or article may be brought in any [United States](/usc/15/2602.md?p=17) district court within the jurisdiction of which the substance, [mixture](/usc/15/2602.md?p=10), or article is found.
    - (B) In determining the judicial district in which an action may be brought under [subsection (a)](#a) in instances in which such action may be brought in more than one judicial district, the [Administrator](/usc/15/2602.md?p=1) shall take into account the convenience of the parties.
    - (C) Subpeonas[^1] requiring attendance of witnesses in an action brought under [subsection (a)](#a) may be served in any judicial district.
  - (2) Whenever proceedings under [subsection (a)](#a) involving identical [chemical substances](/usc/15/2602.md?p=2-A), [mixtures](/usc/15/2602.md?p=10), 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)](#a) or as soon thereafter as may be practicable, the [Administrator](/usc/15/2602.md?p=1) shall initiate a proceeding for the promulgation of a rule under [section 2605(a) of this title](/usc/15/2605.md?p=a).
- (e) **Representation—** Notwithstanding any other provision of law, in any action under [subsection (a)](#a), the [Administrator](/usc/15/2602.md?p=1) may direct attorneys of the Environmental Protection Agency to appear and represent the [Administrator](/usc/15/2602.md?p=1) in such an action.
- (f) **“Imminently hazardous chemical substance or mixture” defined—** For the purposes of [subsection (a)](#a), the term “imminently hazardous [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10)” means a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) which presents an imminent and unreasonable risk of serious or widespread injury to health or the [environment](/usc/15/2602.md?p=6), without consideration of costs or other nonrisk factors. Such a risk to health or the [environment](/usc/15/2602.md?p=6) shall be considered imminent if it is shown that the [manufacture](/usc/15/2602.md?p=9), processing, [distribution in commerce](/usc/15/2602.md?p=5), use, or disposal of the [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10), or that any combination of such activities, is likely to result in such injury to health or the [environment](/usc/15/2602.md?p=6) before a final rule under [section 2605 of this title](/usc/15/2605.md) can protect against such risk.

## Footnotes

[^1]: So in original. Probably should be “Subpoenas”.

## Source credit

(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.)

## Notes

### 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.