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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) of this section 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 of this
chapter within such premises or conveyance have been complied with.
(2) No inspection under subsection (a) of this section shall
extend to -
(A) financial data,
(B) sales data (other than shipment data),
(C) pricing data,
(D) personnel data, or
(E) research data (other than data required by this chapter or
under a rule promulgated thereunder),
unless the nature and extent of such data are described with
reasonable specificity in the written notice required by subsection
(a) of this section for such inspection.
(c) Subpoenas
In 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.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 11, Oct. 11, 1976, 90 Stat. 2032;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(2),
(3), Oct. 28, 1992, 106 Stat. 3923.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-550, Sec. 1021(b)(2), in first
sentence, substituted "substances, mixtures, or products subject to
subchapter IV of this chapter" for "substances or mixtures" and
inserted "such products," before "or such articles".
Subsec. (b)(1). Pub. L. 102-550, Sec. 1021(b)(3), substituted
"chemical substances, mixtures, or products subject to subchapter
IV of this chapter" for "chemical substances or mixtures".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2614 of this title.
-End-
-CITE-
15 USC Sec. 2611 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2611. Exports
-STATUTE-
(a) In general
(1) Except as provided in paragraph (2) and subsection (b) of
this section, this chapter (other than section 2607 of this title)
shall not apply to any chemical substance, mixture, or to an
article containing a chemical substance or mixture, if -
(A) it can be shown that such substance, mixture, or article is
being manufactured, processed, or distributed in commerce for
export from the United States, unless such substance, mixture, or
article was, in fact, manufactured, processed, or distributed in
commerce, for use in the United States, and
(B) such substance, mixture, or article (when distributed in
commerce), or any container in which it is enclosed (when so
distributed), bears a stamp or label stating that such substance,
mixture, or article is intended for export.
(2) Paragraph (1) shall not apply to any chemical substance,
mixture, or article if the Administrator finds that the substance,
mixture, or article will present an unreasonable risk of injury to
health within the United States or to the environment of the United
States. The Administrator may require, under section 2603 of this
title, testing of any chemical substance or mixture exempted from
this chapter by paragraph (1) for the purpose of determining
whether or not such substance or mixture presents an unreasonable
risk of injury to health within the United States or to the
environment of the United States.
(b) Notice
(1) If any person exports or intends to export to a foreign
country a chemical substance or mixture for which the submission of
data is required under section 2603 or 2604(b) of this title, such
person shall notify the Administrator of such exportation or intent
to export and the Administrator shall furnish to the government of
such country notice of the availability of the data submitted to
the Administrator under such section for such substance or mixture.
(2) If any person exports or intends to export to a foreign
country a chemical substance or mixture for which an order has been
issued under section 2604 of this title or a rule has been proposed
or promulgated under section 2604 or 2605 of this title, or with
respect to which an action is pending, or relief has been granted
under section 2604 or 2606 of this title, such person shall notify
the Administrator of such exportation or intent to export and the
Administrator shall furnish to the government of such country
notice of such rule, order, action, or relief.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 12, Oct. 11, 1976, 90 Stat. 2033;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-End-
-CITE-
15 USC Sec. 2612 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2612. Entry into customs territory of the United States
-STATUTE-
(a) In general
(1) The Secretary of the Treasury shall refuse entry into the
customs territory of the United States (as defined in general note
2 of the Harmonized Tariff Schedule of the United States) of any
chemical substance, mixture, or article containing a chemical
substance or mixture offered for such entry if -
(A) it fails to comply with any rule in effect under this
chapter, or
(B) it is offered for entry in violation of section 2604 of
this title, 2605 of this title, or subchapter IV of this chapter,
a rule or order under section 2604 of this title, 2605 of this
title, or subchapter IV of this chapter, or an order issued in a
civil action brought under section 2604 of this title, 2606 of
this title or subchapter IV of this chapter.
(2) If a chemical substance, mixture, or article is refused entry
under paragraph (1), the Secretary of the Treasury shall notify the
consignee of such entry refusal, shall not release it to the
consignee, and shall cause its disposal or storage (under such
rules as the Secretary of the Treasury may prescribe) if it has not
been exported by the consignee within 90 days from the date of
receipt of notice of such refusal, except that the Secretary of the
Treasury may, pending a review by the Administrator of the entry
refusal, release to the consignee such substance, mixture, or
article on execution of bond for the amount of the full invoice of
such substance, mixture, or article (as such value is set forth in
the customs entry), together with the duty thereon. On failure to
return such substance, mixture, or article for any cause to the
custody of the Secretary of the Treasury when demanded, such
consignee shall be liable to the United States for liquidated
damages equal to the full amount of such bond. All charges for
storage, cartage, and labor on and for disposal of substances,
mixtures, or articles which are refused entry or release under this
section shall be paid by the owner or consignee, and in default of
such payment shall constitute a lien against any future entry made
by such owner or consignee.
(b) Rules
The Secretary of the Treasury, after consultation with the
Administrator, shall issue rules for the administration of
subsection (a) of this section.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 13, Oct. 11, 1976, 90 Stat. 2034;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989; amended Pub. L. 100-418, title I, Sec. 1214(e)(2),
Aug. 23, 1988, 102 Stat. 1156; Pub. L. 102-550, title X, Sec.
1021(b)(4), Oct. 28, 1992, 106 Stat. 3923.)
-REFTEXT-
REFERENCES IN TEXT
The Harmonized Tariff Schedule of the United States, referred to
in subsec. (a), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title
19, Customs Duties.
-MISC1-
AMENDMENTS
1992 - Subsec. (a)(1)(B). Pub. L. 102-550 substituted "section
2604 of this title, 2605 of this title, or subchapter IV of this
chapter" for "section 2604 or 2605 of this title" in two places and
"section 2604 of this title, 2606 of this title or subchapter IV of
this chapter" for "section 2604 or 2606 of this title".
1988 - Subsec. (a)(1). Pub. L. 100-418 substituted "general note
2 of the Harmonized Tariff Schedule of the United States" for
"general headnote 2 to the Tariff Schedules of the United States"
in introductory text.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and
applicable with respect to articles entered on or after such date,
see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
Date note under section 3001 of Title 19, Customs Duties.
-End-
-CITE-
15 USC Sec. 2613 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2613. Disclosure of data
-STATUTE-
(a) In general
Except as provided by subsection (b) of this section, any
information reported to, or otherwise obtained by, the
Administrator (or any representative of the Administrator) under
this chapter, which is exempt from disclosure pursuant to
subsection (a) of section 552 of title 5 by reason of subsection
(b)(4) of such section, shall, notwithstanding the provisions of
any other section of this chapter, not be disclosed by the
Administrator or by any officer or employee of the United States,
except that such information -
(1) shall be disclosed to any officer or employee of the United
States -
(A) in connection with the official duties of such officer or
employee under any law for the protection of health or the
environment, or
(B) for specific law enforcement purposes;
(2) shall be disclosed to contractors with the United States
and employees of such contractors if in the opinion of the
Administrator such disclosure is necessary for the satisfactory
performance by the contractor of a contract with the United
States entered into on or after October 11, 1976, for the
performance of work in connection with this chapter and under
such conditions as the Administrator may specify;
(3) shall be disclosed if the Administrator determines it
necessary to protect health or the environment against an
unreasonable risk of injury to health or the environment; or
(4) may be disclosed when relevant in any proceeding under this
chapter, except that disclosure in such a proceeding shall be
made in such manner as to preserve confidentiality to the extent
practicable without impairing the proceeding.
In any proceeding under section 552(a) of title 5 to obtain
information the disclosure of which has been denied because of the
provisions of this subsection, the Administrator may not rely on
section 552(b)(3) of such title to sustain the Administrator's
action.
(b) Data from health and safety studies
(1) Subsection (a) does not prohibit the disclosure of -
(A) any health and safety study which is submitted under this
chapter with respect to -
(i) any chemical substance or mixture which, on the date on
which such study is to be disclosed has been offered for
commercial distribution, or
(ii) any chemical substance or mixture for which testing is
required under section 2603 of this title or for which
notification is required under section 2604 of this title, and
(B) any data reported to, or otherwise obtained by, the
Administrator from a health and safety study which relates to a
chemical substance or mixture described in clause (i) or (ii) of
subparagraph (A).
This paragraph does not authorize the release of any data which
discloses processes used in the manufacturing or processing of a
chemical substance or mixture or, in the case of a mixture, the
release of data disclosing the portion of the mixture comprised by
any of the chemical substances in the mixture.
(2) If a request is made to the Administrator under subsection
(a) of section 552 of title 5 for information which is described in
the first sentence of paragraph (1) and which is not information
described in the second sentence of such paragraph, the
Administrator may not deny such request on the basis of subsection
(b)(4) of such section.
(c) Designation and release of confidential data
(1) In submitting data under this chapter, a manufacturer,
processor, or distributor in commerce may (A) designate the data
which such person believes is entitled to confidential treatment
under subsection (a) of this section, and (B) submit such
designated data separately from other data submitted under this
chapter. A designation under this paragraph shall be made in
writing and in such manner as the Administrator may prescribe.
(2)(A) Except as provided by subparagraph (B), if the
Administrator proposes to release for inspection data which has
been designated under paragraph (1)(A), the Administrator shall
notify, in writing and by certified mail, the manufacturer,
processor, or distributor in commerce who submitted such data of
the intent to release such data. If the release of such data is to
be made pursuant to a request made under section 552(a) of title 5,
such notice shall be given immediately upon approval of such
request by the Administrator. The Administrator may not release
such data until the expiration of 30 days after the manufacturer,
processor, or distributor in commerce submitting such data has
received the notice required by this subparagraph.
(B)(i) Subparagraph (A) shall not apply to the release of
information under paragraph (1), (2), (3), or (4) of subsection (a)
of this section, except that the Administrator may not release data
under paragraph (3) of subsection (a) of this section unless the
Administrator has notified each manufacturer, processor, and
distributor in commerce who submitted such data of such release.
Such notice shall be made in writing by certified mail at least 15
days before the release of such data, except that if the
Administrator determines that the release of such data is necessary
to protect against an imminent, unreasonable risk of injury to
health or the environment, such notice may be made by such means as
the Administrator determines will provide notice at least 24 hours
before such release is made.
(ii) Subparagraph (A) shall not apply to the release of
information described in subsection (b)(1) of this section other
than information described in the second sentence of such
subsection.
(d) Criminal penalty for wrongful disclosure
(1) Any officer or employee of the United States or former
officer or employee of the United States, who by virtue of such
employment or official position has obtained possession of, or has
access to, material the disclosure of which is prohibited by
subsection (a) of this section, and who knowing that disclosure of
such material is prohibited by such subsection, willfully discloses
the material in any manner to any person not entitled to receive
it, shall be guilty of a misdemeanor and fined not more than $5,000
or imprisoned for not more than one year, or both. Section 1905 of
title 18 does not apply with respect to the publishing, divulging,
disclosure, or making known of, or making available, information
reported or otherwise obtained under this chapter.
(2) For the purposes of paragraph (1), any contractor with the
United States who is furnished information as authorized by
subsection (a)(2) of this section, and any employee of any such
contractor, shall be considered to be an employee of the United
States.
(e) Access by Congress
Notwithstanding any limitation contained in this section or any
other provision of law, all information reported to or otherwise
obtained by the Administrator (or any representative of the
Administrator) under this chapter shall be made available, upon
written request of any duly authorized committee of the Congress,
to such committee.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 14, Oct. 11, 1976, 90 Stat. 2034;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2603, 2604 of this title.
-End-
-CITE-
15 USC Sec. 2614 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2614. Prohibited acts
-STATUTE-
It shall be unlawful for any person to -
(1) fail or refuse to comply with (A) any rule promulgated or
order issued under section 2603 of this title, (B) any
requirement prescribed by section 2604 or 2605 of this title, (C)
any rule promulgated or order issued under section 2604 or 2605
of this title, or (D) any requirement of subchapter II of this
chapter or any rule promulgated or order issued under subchapter
II of this chapter;
(2) use for commercial purposes a chemical substance or mixture
which such person knew or had reason to know was manufactured,
processed, or distributed in commerce in violation of section
2604 or 2605 of this title, a rule or order under section 2604 or
2605 of this title, or an order issued in action brought under
section 2604 or 2606 of this title;
(3) fail or refuse to (A) establish or maintain records, (B)
submit reports, notices, or other information, or (C) permit
access to or copying of records, as required by this chapter or a
rule thereunder; or
(4) fail or refuse to permit entry or inspection as required by
section 2610 of this title.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 15, Oct. 11, 1976, 90 Stat. 2036;
renumbered title I and amended Pub. L. 99-519, Sec. 3(b)(1),
(c)(1), Oct. 22, 1986, 100 Stat. 2988, 2989.)
-MISC1-
AMENDMENTS
1986 - Par. (1)(D). Pub. L. 99-519 added cl. (D).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2615, 2616 of this title.
-End-
-CITE-
15 USC Sec. 2615 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2615. Penalties
-STATUTE-
(a) Civil
(1) Any person who violates a provision of section 2614 or 2689
of this title shall be liable to the United States for a civil
penalty in an amount not to exceed $25,000 for each such violation.
Each day such a violation continues shall, for purposes of this
subsection, constitute a separate violation of section 2614 or 2689
of this title.
(2)(A) A civil penalty for a violation of section section 2614 or
2689 of this title shall be assessed by the Administrator by an
order made on the record after opportunity (provided in accordance
with this subparagraph) for a hearing in accordance with section
554 of title 5. Before issuing such an order, the Administrator
shall give written notice to the person to be assessed a civil
penalty under such order of the Administrator's proposal to issue
such order and provide such person an opportunity to request,
within 15 days of the date the notice is received by such person,
such a hearing on the order.
(B) In determining the amount of a civil penalty, the
Administrator shall take into account the nature, circumstances,
extent, and gravity of the violation or violations and, with
respect to the violator, ability to pay, effect on ability to
continue to do business, any history of prior such violations, the
degree of culpability, and such other matters as justice may
require.
(C) The Administrator may compromise, modify, or remit, with or
without conditions, any civil penalty which may be imposed under
this subsection. The amount of such penalty, when finally
determined, or the amount agreed upon in compromise, may be
deducted from any sums owing by the United States to the person
charged.
(3) Any person who requested in accordance with paragraph (2)(A)
a hearing respecting the assessment of a civil penalty and who is
aggrieved by an order assessing a civil penalty may file a petition
for judicial review of such order with the United States Court of
Appeals for the District of Columbia Circuit or for any other
circuit in which such person resides or transacts business. Such a
petition may only be filed within the 30-day period beginning on
the date the order making such assessment was issued.
(4) If any person fails to pay an assessment of a civil penalty -
(A) after the order making the assessment has become a final
order and if such person does not file a petition for judicial
review of the order in accordance with paragraph (3), or
(B) after a court in an action brought under paragraph (3) has
entered a final judgment in favor of the Administrator,
the Attorney General shall recover the amount assessed (plus
interest at currently prevailing rates from the date of the
expiration of the 30-day period referred to in paragraph (3) or the
date of such final judgment, as the case may be) in an action
brought in any appropriate district court of the United States. In
such an action, the validity, amount, and appropriateness of such
penalty shall not be subject to review.
(b) Criminal
Any person who knowingly or willfully violates any provision of
section 2614 or 2689 of this title, shall, in addition to or in
lieu of any civil penalty which may be imposed under subsection (a)
of this section for such violation, be subject, upon conviction, to
a fine of not more than $25,000 for each day of violation, or to
imprisonment for not more than one year, or both.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 16, Oct. 11, 1976, 90 Stat. 2037;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(5),
Oct. 28, 1992, 106 Stat. 3923.)
-MISC1-
AMENDMENTS
1992 - Subsecs. (a)(1), (2)(A), (b). Pub. L. 102-550 substituted
"section 2614 or 2689 of this title" for "section 2614 of this
title" wherever appearing.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2619, 2629, 2647 of this
title; title 21 section 346a; title 42 sections 4852d, 11045.
-End-
-CITE-
15 USC Sec. 2616 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2616. Specific enforcement and seizure
-STATUTE-
(a) Specific enforcement
(1) The district courts of the United States shall have
jurisdiction over civil actions to -
(A) restrain any violation of section 2614 or 2689 of this
title,
(B) restrain any person from taking any action prohibited by
section 2604 of this title, 2605 of this title, or subchapter IV
of this chapter, or by a rule or order under section 2604 of this
title, 2605 of this title, or subchapter IV of this chapter,
(C) compel the taking of any action required by or under this
chapter, or
(D) direct any manufacturer or processor of a chemical
substance, mixture, or product subject to subchapter IV of this
chapter manufactured or processed in violation of section 2604 of
this title, 2605 of this title, or subchapter IV of this chapter,
or a rule or order under section 2604 of this title, 2605 of this
title, or subchapter IV of this chapter, and distributed in
commerce, (i) to give notice of such fact to distributors in
commerce of such substance, mixture, or product and, to the
extent reasonably ascertainable, to other persons in possession
of such substance, mixture, or product or exposed to such
substance, mixture, or product, (ii) to give public notice of
such risk of injury, and (iii) to either replace or repurchase
such substance, mixture, or product, whichever the person to
which the requirement is directed elects.
(2) A civil action described in paragraph (1) may be brought -
(A) in the case of a civil action described in subparagraph (A)
of such paragraph, in the United States district court for the
judicial district wherein any act, omission, or transaction
constituting a violation of section 2614 of this title occurred
or wherein the defendant is found or transacts business, or
(B) in the case of any other civil action described in such
paragraph, in the United States district court for the judicial
district wherein the defendant is found or transacts business.
In any such civil action process may be served on a defendant in
any judicial district in which a defendant resides or may be found.
Subpoenas requiring attendance of witnesses in any such action may
be served in any judicial district.
(b) Seizure
Any chemical substance, mixture, or product subject to subchapter
IV of this chapter which was manufactured, processed, or
distributed in commerce in violation of this chapter or any rule
promulgated or order issued under this chapter or any article
containing such a substance or mixture shall be liable to be
proceeded against, by process of libel, for the seizure and
condemnation of such substance, mixture, product, or article, in
any district court of the United States within the jurisdiction of
which such substance, mixture, product, or article is found. Such
proceedings shall conform as nearly as possible to proceedings in
rem in admiralty.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 17, Oct. 11, 1976, 90 Stat. 2037;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(6),
(7), Oct. 28, 1992, 106 Stat. 3923.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-550, Sec. 1021(b)(6), which
directed that subsec. (a) be amended "to read as follows" and then
set out the subsec. (a) designation and heading, followed by the
par. (1) designation and text, without any restatement of par. (2),
was executed as a general amendment of par. (1) only, to reflect
the probable intent of Congress. Prior to amendment, par. (1) read
as follows: "The district courts of the United States shall have
jurisdiction over civil actions to -
"(A) restrain any violation of section 2614 of this title,
"(B) restrain any person from taking any action prohibited by
section 2604 or 2605 of this title or by a rule or order under
section 2604 or 2605 of this title,
"(C) compel the taking of any action required by or under this
chapter, or
"(D) direct any manufacturer or processor of a chemical
substance or mixture manufactured or processed in violation of
section 2604 or 2605 of this title or a rule or order under
section 2604 or 2605 of this title and distributed in commerce,
(i) to give notice of such fact to distributors in commerce of
such substance or mixture and, to the extent reasonably
ascertainable, to other persons in possession of such substance
or mixture or exposed to such substance or mixture, (ii) to give
public notice of such risk of injury, and (iii) to either replace
or repurchase such substance or mixture, whichever the person to
which the requirement is directed elects."
Subsec. (b). Pub. L. 102-550, Sec. 1021(b)(7), in first sentence
substituted "substance, mixture, or product subject to subchapter
IV of this chapter" for "substance or mixture" and inserted
"product," before "or article" in two places.
-End-
-CITE-
15 USC Sec. 2617 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2617. Preemption
-STATUTE-
(a) Effect on State law
(1) Except as provided in paragraph (2), nothing in this chapter
shall affect the authority of any State or political subdivision of
a State to establish or continue in effect regulation of any
chemical substance, mixture, or article containing a chemical
substance or mixture.
(2) Except as provided in subsection (b) of this section -
(A) if the Administrator requires by a rule promulgated under
section 2603 of this title the testing of a chemical substance or
mixture, no State or political subdivision may, after the
effective date of such rule, establish or continue in effect a
requirement for the testing of such substance or mixture for
purposes similar to those for which testing is required under
such rule; and
(B) if the Administrator prescribes a rule or order under
section 2604 or 2605 of this title (other than a rule imposing a
requirement described in subsection (a)(6) of section 2605 of
this title) which is applicable to a chemical substance or
mixture, and which is designed to protect against a risk of
injury to health or the environment associated with such
substance or mixture, no State or political subdivision of a
State may, after the effective date of such requirement,
establish or continue in effect, any requirement which is
applicable to such substance or mixture, or an article containing
such substance or mixture, and which is designed to protect
against such risk unless such requirement (i) is identical to the
requirement prescribed by the Administrator, (ii) is adopted
under the authority of the Clean Air Act [42 U.S.C. 7401 et seq.]
or any other Federal law, or (iii) prohibits the use of such
substance or mixture in such State or political subdivision
(other than its use in the manufacture or processing of other
substances or mixtures).
(b) Exemption
Upon application of a State or political subdivision of a State
the Administrator may by rule exempt from subsection (a)(2) of this
section, under such conditions as may be prescribed in such rule, a
requirement of such State or political subdivision designed to
protect against a risk of injury to health or the environment
associated with a chemical substance, mixture, or article
containing a chemical substance or mixture if -
(1) compliance with the requirement would not cause the
manufacturing, processing, distribution in commerce, or use of
the substance, mixture, or article to be in violation of the
applicable requirement under this chapter described in subsection
(a)(2) of this section, and
(2) the State or political subdivision requirement (A) provides
a significantly higher degree of protection from such risk than
the requirement under this chapter described in subsection (a)(2)
of this section and (B) does not, through difficulties in
marketing, distribution, or other factors, unduly burden
interstate commerce.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 18, Oct. 11, 1976, 90 Stat. 2038;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (a)(2)(B), is act July
14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 7401 of Title 42
and Tables.
-End-
-CITE-
15 USC Sec. 2618 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2618. Judicial review
-STATUTE-
(a) In general
(1)(A) Not later than 60 days after the date of the promulgation
of a rule under section 2603(a), 2604(a)(2), 2604(b)(4), 2605(a),
2605(e), or 2607 of this title, or under subchapter II or IV of
this chapter, any person may file a petition for judicial review of
such rule with the United States Court of Appeals for the District
of Columbia Circuit or for the circuit in which such person resides
or in which such person's principal place of business is located.
Courts of appeals of the United States shall have exclusive
jurisdiction of any action to obtain judicial review (other than in
an enforcement proceeding) of such a rule if any district court of
the United States would have had jurisdiction of such action but
for this subparagraph.
(B) Courts of appeals of the United States shall have exclusive
jurisdiction of any action to obtain judicial review (other than in
an enforcement proceeding) of an order issued under subparagraph
(A) or (B) of section 2605(b)(1) of this title if any district
court of the United States would have had jurisdiction of such
action but for this subparagraph.
(2) Copies of any petition filed under paragraph (1)(A) shall be
transmitted forthwith to the Administrator and to the Attorney
General by the clerk of the court with which such petition was
filed. The provisions of section 2112 of title 28 shall apply to
the filing of the rulemaking record of proceedings on which the
Administrator based the rule being reviewed under this section and
to the transfer of proceedings between United States courts of
appeals.
(3) For purposes of this section, the term "rulemaking record"
means -
(A) the rule being reviewed under this section;
(B) in the case of a rule under section 2603(a) of this title,
the finding required by such section, in the case of a rule under
section 2604(b)(4) of this title, the finding required by such
section, in the case of a rule under section 2605(a) of this
title the finding required by section 2604(f) or 2605(a) of this
title, as the case may be, in the case of a rule under section
2605(a) of this title, the statement required by section
2605(c)(1) of this title, and in the case of a rule under section
2605(e) of this title, the findings required by paragraph (2)(B)
or (3)(B) of such section, as the case may be (!1) and in the
case of a rule under subchapter IV of this chapter, the finding
required for the issuance of such a rule;
(C) any transcript required to be made of oral presentations
made in proceedings for the promulgation of such rule;
(D) any written submission of interested parties respecting the
promulgation of such rule; and
(E) any other information which the Administrator considers to
be relevant to such rule and which the Administrator identified,
on or before the date of the promulgation of such rule, in a
notice published in the Federal Register.
(b) Additional submissions and presentations; modifications
If in an action under this section to review a rule the
petitioner or the Administrator applies to the court for leave to
make additional oral submissions or written presentations
respecting such rule and shows to the satisfaction of the court
that such submissions and presentations would be material and that
there were reasonable grounds for the submissions and failure to
make such submissions and presentations in the proceeding before
the Administrator, the court may order the Administrator to provide
additional opportunity to make such submissions and presentations.
The Administrator may modify or set aside the rule being reviewed
or make a new rule by reason of the additional submissions and
presentations and shall file such modified or new rule with the
return of such submissions and presentations. The court shall
thereafter review such new or modified rule.
(c) Standard of review
(1)(A) Upon the filing of a petition under subsection (a)(1) of
this section for judicial review of a rule, the court shall have
jurisdiction (i) to grant appropriate relief, including interim
relief, as provided in chapter 7 of title 5, and (ii) except as
otherwise provided in subparagraph (B), to review such rule in
accordance with chapter 7 of title 5.
(B) Section 706 of title 5 shall apply to review of a rule under
this section, except that -
(i) in the case of review of a rule under section 2603(a),
2604(b)(4), 2605(a), or 2605(e) of this title, the standard for
review prescribed by paragraph (2)(E) of such section 706 shall
not apply and the court shall hold unlawful and set aside such
rule if the court finds that the rule is not supported by
substantial evidence in the rulemaking record (as defined in
subsection (a)(3) of this section) taken as a whole;
(ii) in the case of review of a rule under section 2605(a) of
this title, the court shall hold unlawful and set aside such rule
if it finds that -
(I) a determination by the Administrator under section
2605(c)(3) of this title that the petitioner seeking review of
such rule is not entitled to conduct (or have conducted)
cross-examination or to present rebuttal submissions, or
(II) a rule of, or ruling by, the Administrator under section
2605(c)(3) of this title limiting such petitioner's
cross-examination or oral presentations,
has precluded disclosure of disputed material facts which was
necessary to a fair determination by the Administrator of the
rulemaking proceeding taken as a whole; and section 706(2)(D)
shall not apply with respect to a determination, rule, or ruling
referred to in subclause (I) or (II); and
(iii) the court may not review the contents and adequacy of -
(I) any statement required to be made pursuant to section
2605(c)(1) of this title, or
(II) any statement of basis and purpose required by section
553(c) of title 5 to be incorporated in the rule
except as part of a review of the rulemaking record taken as a
whole.
The term "evidence" as used in clause (i) means any matter in the
rulemaking record.
(C) A determination, rule, or ruling of the Administrator
described in subparagraph (B)(ii) may be reviewed only in an action
under this section and only in accordance with such subparagraph.
(2) The judgment of the court affirming or setting aside, in
whole or in part, any rule reviewed in accordance with this section
shall be final, subject to review by the Supreme Court of the
United States upon certiorari or certification, as provided in
section 1254 of title 28.
(d) Fees and costs
The decision of the court in an action commenced under subsection
(a) of this section, or of the Supreme Court of the United States
on review of such a decision, may include an award of costs of suit
and reasonable fees for attorneys and expert witnesses if the court
determines that such an award is appropriate.
(e) Other remedies
The remedies as provided in this section shall be in addition to
and not in lieu of any other remedies provided by law.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 19, Oct. 11, 1976, 90 Stat. 2039;
renumbered title I and amended Pub. L. 99-519, Sec. 3(b)(2),
(c)(1), Oct. 22, 1986, 100 Stat. 2989; Pub. L. 102-550, title X,
Sec. 1021(b)(8), Oct. 28, 1992, 106 Stat. 3923.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a)(1)(A). Pub. L. 102-550, Sec. 1021(b)(8)(A),
substituted "subchapter II or IV of this chapter" for "subchapter
II of this chapter".
Subsec. (a)(3)(B). Pub. L. 102-550, Sec. 1021(b)(8)(B), inserted
before semicolon at end "and in the case of a rule under subchapter
IV of this chapter, the finding required for the issuance of such a
rule".
1986 - Subsec. (a)(1)(A). Pub. L. 99-519 inserted reference to
subchapter II of this chapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2605 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be followed by a comma.
-End-
-CITE-
15 USC Sec. 2619 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
-HEAD-
Sec. 2619. Citizens' civil actions
-STATUTE-
(a) In general
Except as provided in subsection (b) of this section, 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 of this chapter, or order issued under
section 2604 of this title or subchapter II or IV of this chapter
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) of this section 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 (i) to the Administrator, and
(ii) to the person who is alleged to have committed such
violation, or
(B) if the Administrator has commenced and is diligently
prosecuting a proceeding for the issuance of an order under
section 2615(a)(2) of this title to require compliance with
this chapter or with such rule or order or if the Attorney
General has commenced and is diligently prosecuting a civil
action in a court of the United States to require compliance
with this chapter or with such rule or order, but if such
proceeding or civil action is commenced after the giving of
notice, any person giving such notice may intervene as a matter
of right in such proceeding or action; or
(2) under subsection (a)(2) of this section before the
expiration of 60 days after the plaintiff has given notice to the
Administrator of the alleged failure of the Administrator to
perform an act or duty which is the basis for such action or, in
the case of an action under such subsection for the failure of
the Administrator to file an action under section 2606 of this
title, before the expiration of ten days after such notification.
Notice under this subsection shall be given in such manner as the
Administrator shall prescribe by rule.
(c) General
(1) In any action under this section, the Administrator, if not a
party, may intervene as a matter of right.
(2) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of suit
and reasonable fees for attorneys and expert witnesses if the court
determines that such an award is appropriate. Any court, in issuing
its decision in an action brought to review such an order, may
award costs of suit and reasonable fees for attorneys if the court
determines that such an award is appropriate.
(3) Nothing in this section shall restrict any right which any
person (or class of persons) may have under any statute or common
law to seek enforcement of this chapter or any rule or order under
this chapter or to seek any other relief.
(d) Consolidation
When two or more civil actions brought under subsection (a) of
this section involving the same defendant and the same issues or
violations are pending in two or more judicial districts, such
pending actions, upon application of such defendants to such
actions which is made to a court in which any such action is
brought, may, if such court in its discretion so decides, be
consolidated for trial by order (issued after giving all parties
reasonable notice and opportunity to be heard) of such court and
tried in -
(1) any district which is selected by such defendant and in
which one of such actions is pending,
(2) a district which is agreed upon by stipulation between all
the parties to such actions and in which one of such actions is
pending, or
(3) a district which is selected by the court and in which one
of such actions is pending.
The court issuing such an order shall give prompt notification of
the order to the other courts in which the civil actions
consolidated under the order are pending.
-SOURCE-
(Pub. L. 94-469, title I, Sec. 20, Oct. 11, 1976, 90 Stat. 2041;
renumbered title I and amended Pub. L. 99-519, Sec. 3(b)(3),
(c)(1), Oct. 22, 1986, 100 Stat. 2989; Pub. L. 102-550, title X,
Sec. 1021(b)(9), Oct. 28, 1992, 106 Stat. 3923.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a)(1). Pub. L. 102-550 substituted "subchapter II
or IV of this chapter" for "subchapter II of this chapter" in two (continued)