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42 U.S.C. § 11004 — Emergency notification

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11004 — Emergency notification

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Source location: Title 42, Chapter 116, § 11004; chapter-116-emergency-planning-and-community-right-to-know.md

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**(a) Types of releases** (1) **11002(a) substance which requires CERCLA notice** — If a release of an extremely hazardous substance referred to in [section 11002(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11002/a&num=0&edition=prelim) occurs from a facility at which a hazardous chemical is produced, used, or stored, and such release requires a notification under section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [[42 U.S.C. 9603(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/a&num=0&edition=prelim)] (hereafter in this section referred to as “CERCLA”) ([42 U.S.C. 9601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601&num=0&edition=prelim) et seq.), the owner or operator of the facility shall immediately provide notice as described in subsection (b). (2) **Other 11002(a) substance** — If a release of an extremely hazardous substance referred to in [section 11002(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11002/a&num=0&edition=prelim) occurs from a facility at which a hazardous chemical is produced, used, or stored, and such release is not subject to the notification requirements under section 103(a) of CERCLA [[42 U.S.C. 9603(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/a&num=0&edition=prelim)], the owner or operator of the facility shall immediately provide notice as described in subsection (b), but only if the release— (A) is not a federally permitted release as defined in section 101(10) of CERCLA [[42 U.S.C. 9601(10)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601/10&num=0&edition=prelim)], (B) is in an amount in excess of a quantity which the Administrator has determined (by regulation) requires notice, and (C) occurs in a manner which would require notification under section 103(a) of CERCLA [[42 U.S.C. 9603(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/a&num=0&edition=prelim)]. Unless and until superseded by regulations establishing a quantity for an extremely hazardous substance described in this paragraph, a quantity of 1 pound shall be deemed that quantity the release of which requires notice as described in subsection (b). (3) **Non-11002(a) substance which requires CERCLA notice** — If a release of a substance which is not on the list referred to in [section 11002(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11002/a&num=0&edition=prelim) occurs at a facility at which a hazardous chemical is produced, used, or stored, and such release requires notification under section 103(a) of CERCLA [[42 U.S.C. 9603(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/a&num=0&edition=prelim)], the owner or operator shall provide notice as follows: (A) If the substance is one for which a reportable quantity has been established under section 102(a) of CERCLA [[42 U.S.C. 9602(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9602/a&num=0&edition=prelim)], the owner or operator shall provide notice as described in subsection (b). (B) If the substance is one for which a reportable quantity has not been established under section 102(a) of CERCLA [[42 U.S.C. 9602(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9602/a&num=0&edition=prelim)]— (i) Until April 30, 1988, the owner or operator shall provide, for releases of one pound or more of the substance, the same notice to the community emergency coordinator for the local emergency planning committee, at the same time and in the same form, as notice is provided to the National Response Center under section 103(a) of CERCLA [[42 U.S.C. 9603(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/a&num=0&edition=prelim)]. (ii) On and after April 30, 1988, the owner or operator shall provide, for releases of one pound or more of the substance, the notice as described in subsection (b). (4) **Exempted releases** — This section does not apply to any release which results in exposure to persons solely within the site or sites on which a facility is located. **(b) Notification** (1) **Recipients of notice** — Notice required under subsection (a) shall be given immediately after the release by the owner or operator of a facility (by such means as telephone, radio, or in person) to the community emergency coordinator for the local emergency planning committees, if established pursuant to [section 11001(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001/c&num=0&edition=prelim), for any area likely to be affected by the release and to the State emergency response commission of any State likely to be affected by the release. With respect to transportation of a substance subject to the requirements of this section, or storage incident to such transportation, the notice requirements of this section with respect to a release shall be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator. (2) **Contents** — Notice required under subsection (a) shall include each of the following (to the extent known at the time of the notice and so long as no delay in responding to the emergency results): (A) The chemical name or identity of any substance involved in the release. (B) An indication of whether the substance is on the list referred to in [section 11002(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11002/a&num=0&edition=prelim). (C) An estimate of the quantity of any such substance that was released into the environment. (D) The time and duration of the release. (E) The medium or media into which the release occurred. (F) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals. (G) Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordinator pursuant to the emergency plan). (H) The name and telephone number of the person or persons to be contacted for further information. **(c) Followup emergency notice** As soon as practicable after a release which requires notice under subsection (a), such owner or operator shall provide a written followup emergency notice (or notices, as more information becomes available) setting forth and updating the information required under subsection (b), and including additional information with respect to— (1) actions taken to respond to and contain the release, (2) any known or anticipated acute or chronic health risks associated with the release, and (3) where appropriate, advice regarding medical attention necessary for exposed individuals. **(d) Transportation exemption not applicable** The exemption provided in [section 11047 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11047&num=0&edition=prelim) (relating to transportation) does not apply to this section. **(e) Addressing source water used for drinking water** (1) **Applicable State agency notification** — A State emergency response commission shall— (A) promptly notify the applicable State agency of any release that requires notice under subsection (a); (B) provide to the applicable State agency the information identified in subsection (b)(2); and (C) provide to the applicable State agency a written followup emergency notice in accordance with subsection (c). (2) **Community water system notification** (A) *In general* — An applicable State agency receiving notice of a release under paragraph (1) shall— (i) promptly forward such notice to any community water system the source waters of which are affected by the release; (ii) forward to the community water system the information provided under paragraph (1)(B); and (iii) forward to the community water system the written followup emergency notice provided under paragraph (1)(C). (B) *Direct notification* — In the case of a State that does not have an applicable State agency, the State emergency response commission shall provide the notices and information described in paragraph (1) directly to any community water system the source waters of which are affected by a release that requires notice under subsection (a). (3) **Definitions** — In this subsection: (A) *Community water system* — The term “community water system” has the meaning given such term in section 1401(15) of the Safe Drinking Water Act [[42 U.S.C. 300f(15)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f/15&num=0&edition=prelim)]. (B) *Applicable State agency* — The term “applicable State agency” means the State agency that has primary responsibility to enforce the requirements of the Safe Drinking Water Act in the State.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit. (4) The term “claim” means a demand in writing for a sum certain. (5) The term “claimant” means any person who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 201 — Funding

Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11047 — Exemption

Except as provided in [section 11004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11004&num=0&edition=prelim), this chapter does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this chapter, including the transportation and distribution of natural gas.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1245 — Abandoned hardrock mine reclamation

**(a) Establishment** Not later than 90 days after November 15, 2021, the Secretary of the Interior (referred to in this section as the “Secretary”) shall establish a program to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on conditions including need, public health and safety, potential environmental harm, and other land use priorities. **(b) Award of grants** Subject to the availability of funds, the Secretary shall provide grants on a competitive or formula basis to States and Indian Tribes that have jurisdiction over abandoned hardrock mine land to reclaim that land. **(c) Eligibility** Amounts made available under this section may only be used for Federal, State, Tribal, local, and private land that has been affected by past hardrock mining activities, and water resources that traverse or are contiguous to such land, including any of the following: (1) Land and water resources that were— (A) used for, or affected by, hardrock mining activities; and (B) abandoned or left in an inadequate reclamation status before November 15, 2021. (2) Land for which the Secretary makes a determination that there is no continuing reclamation responsibility of a claim holder, liable party, operator, or other person that abandoned the site prior to completion of required reclamation under Federal or State law. **(d) Eligible activities** (1) **In general** — Amounts made available to carry out this section shall be used to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on the priorities described in subsection (a). (2) **Exclusion** — Amounts made available to carry out this section may not be use

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1245

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11002 — Substances and facilities covered and notification

**(a) Substances covered** (1) **In general** — A substance is subject to the requirements of this subchapter if the substance is on the list published under paragraph (2). (2) **List of extremely hazardous substances** — Within 30 days after October 17, 1986, the Administrator shall publish a list of extremely hazardous substances. The list shall be the same as the list of substances published in November 1985 by the Administrator in Appendix A of the “Chemical Emergency Preparedness Program Interim Guidance”. (3) **Thresholds** (A) At the time the list referred to in paragraph (2) is published the Administrator shall— (i) publish an interim final regulation establishing a threshold planning quantity for each substance on the list, taking into account the criteria described in paragraph (4), and (ii) initiate a rulemaking in order to publish final regulations establishing a threshold planning quantity for each substance on the list. (B) The threshold planning quantities may, at the Administrator’s discretion, be based on classes of chemicals or categories of facilities. (C) If the Administrator fails to publish an interim final regulation establishing a threshold planning quantity for a substance within 30 days after October 17, 1986, the threshold planning quantity for the substance shall be 2 pounds until such time as the Administrator publishes regulations establishing a threshold for the substance. (4) **Revisions** — The Administrator may revise the list and thresholds under paragraphs (2) and (3) from time to time. Any revisions to the list shall take into account the toxicity, reactivity, volatility, dispersability, combustability, or flammability of a substance. For purposes of the preceding sentence, the term “toxicity” shall include any

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11002

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11003 — Comprehensive emergency response plans

**(a) Plan required** Each local emergency planning committee shall complete preparation of an emergency plan in accordance with this section not later than two years after October 17, 1986. The committee shall review such plan once a year, or more frequently as changed circumstances in the community or at any facility may require. **(b) Resources** Each local emergency planning committee shall evaluate the need for resources necessary to develop, implement, and exercise the emergency plan, and shall make recommendations with respect to additional resources that may be required and the means for providing such additional resources. **(c) Plan provisions** Each emergency plan shall include (but is not limited to) each of the following: (1) Identification of facilities subject to the requirements of this subchapter that are within the emergency planning district, identification of routes likely to be used for the transportation of substances on the list of extremely hazardous substances referred to in [section 11002(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11002/a&num=0&edition=prelim), and identification of additional facilities contributing or subjected to additional risk due to their proximity to facilities subject to the requirements of this subchapter, such as hospitals or natural gas facilities. (2) Methods and procedures to be followed by facility owners and operators and local emergency and medical personnel to respond to any release of such substances. (3) Designation of a community emergency coordinator and facility emergency coordinators, who shall make determinations necessary to implement the plan. (4) Procedures providing reliable, effective, and timely notification by the facility emergency coordina

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11003

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42 U.S.C. § 11045 — Enforcement

**(a) Civil penalties for emergency planning** The Administrator may order a facility owner or operator (except an owner or operator of a facility designated under [section 11002(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11002/b/2&num=0&edition=prelim)) to comply with [section 11002(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11002/c&num=0&edition=prelim) and [section 11003(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11003/d&num=0&edition=prelim). The United States district court for the district in which the facility is located shall have jurisdiction to enforce the order, and any person who violates or fails to obey such an order shall be liable to the United States for a civil penalty of not more than $25,000 for each day in which such violation occurs or such failure to comply continues. **(b) Civil, administrative, and criminal penalties for emergency notification** (1) **Class I administrative penalty** (A) A civil penalty of not more than $25,000 per violation may be assessed by the Administrator in the case of a violation of the requirements of [section 11004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11004&num=0&edition=prelim). (B) No civil penalty may be assessed under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation. (C) In determining the amount of any penalty assessed pursuant to this subsection, 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11045

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11049 — Definitions

For purposes of this chapter— (1) **Administrator** — The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) **Environment** — The term “environment” includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things. (3) **Extremely hazardous substance** — The term “extremely hazardous substance” means a substance on the list described in [section 11002(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11002/a/2&num=0&edition=prelim). (4) **Facility** — The term “facility” means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). For purposes of [section 11004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11004&num=0&edition=prelim), the term includes motor vehicles, rolling stock, and aircraft. (5) **Hazardous chemical** — The term “hazardous chemical” has the meaning given such term by [section 11021(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11021/e&num=0&edition=prelim). (6) **Material safety data sheet** — The term “material safety data sheet” means the sheet required to be developed under section 1910.1200(g) of title 29 of the Code of Federal Regulations, as that section may be amended from time to time. (7) **Person** — The term “person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, c

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11049

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11004 — Emergency notification

Page 8097 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11004 (1) Within 30 days after establishment of a local emergency planning committee for the emergency planning district in which such fa- cility is located, or within 11 months after Oc- tober 17, 1986, whichever is earlier, the owner or operator of the facility shall notify the emergency planning committee (or the Gov- ernor if there is no committee) of a facility representative who will participate in the emergency planning process as a facility emer- gency coordinator. (2) The owner or operator of the facility shall promptly inform the emergency planning committee of any relevant changes occurring at such facility as such changes occur or are expected to occur. (3) Upon request from the emergency plan- ning committee, the owner or operator of the facility shall promptly provide information to such committee necessary for developing and implementing the emergency plan. (e) Review by State emergency response commis- sion After completion of an emergency plan under subsection (a) for an emergency planning dis- trict, the local emergency planning committee shall submit a copy of the plan to the State emergency response commission of each State in which such district is located. The commission shall review the plan and make recommenda- tions to the committee on revisions of the plan that may be necessary to ensure coordination of such plan with emergency response plans of other emergency planning districts. To the max- imum extent practicable, such review shall not delay implementation of such plan. (f) Guidance documents The national response team, as established pursuant to the National Contingency Plan as established under section 9605 of this title, shall publish guidance documents for

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11004

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9601 — Definitions

Page 7709 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 1 So in original. Probably should be ‘‘or’’. Sec. 9657. Separability; contribution. 9658. Actions under State law for damages from ex- posure to hazardous substances. 9659. Citizens suits. 9660. Research, development, and demonstration. 9660a. Grant program. 9661. Love Canal property acquisition. 9662. Limitation on contract and borrowing au- thority. SUBCHAPTER IV—POLLUTION INSURANCE 9671. Definitions. 9672. State laws; scope of subchapter. 9673. Risk retention groups. 9674. Purchasing groups. 9675. Applicability of securities laws. SUBCHAPTER I—HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION § 9601. Definitions For purpose of this subchapter— (1) The term ‘‘act of God’’ means an unan- ticipated grave natural disaster or other nat- ural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term ‘‘Administrator’’ means the Ad- ministrator of the United States Environ- mental Protection Agency. (3) The term ‘‘barrel’’ means forty-two United States gallons at sixty degrees Fahr- enheit. (4) The term ‘‘claim’’ means a demand in writing for a sum certain. (5) The term ‘‘claimant’’ means any person who presents a claim for compensation under this chapter. (6) The term ‘‘damages’’ means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term ‘‘drinking water supply’’ means any raw or finished water source that is or may be used by a public water system (as de- fined in the Safe Drinking Water Act [42 U.S.C. 300f et seq.]) or as drinking water by one or more individuals. (8) The

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9601

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