Hazard Seizure and Injunctions

Section 7 of TSCA gives the EPA authority to sue to seize imminently hazardous chemical substances, and seek injunctive relief against any person who 

See TSCA 5 Enforcement Response Policy as amended and restated (June 8, 1989) and fiuther amended in Memorandum from John J. Neylan, Director. Policy and Grants Division. Office of Compliance Monitoring, to Michael J. Walker. Enforcement Counsel, Toxics Litigation Division, 5 (July 1,1993) [hereinafter 5 ERP], available through http //cfpub.epa. gov/compliance/resources/pohcies/civil/tsca/. 

The EPA has an extremely high burden to meet to prove that a chemical substance is imminently hazardous, and this may explain why 7 is used so infrequently. An imminently hazardous chemical substance or mixture is defined, for this section only, as  

For the purposes of subsection (a) ofthis section, 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. 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.  

A district court has authority to issue any temporary or permanent injimc-tion necessary to protect human health or the environment from unreasonable risks associated with an imminently hazardous chemical substance. Among other things, the court may order a manufacturer, processor, or distributor to notify its customers and the public of the risks, and recall, replace, or repurchase the substance. 

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