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 preparation and implementation of emergency plans. Such docu- ments shall be published not later than five months after October 17, 1986. (g) Review of plans by regional response teams The regional response teams, as established pursuant to the National Contingency Plan as established under section 9605 of this title, may review and comment upon an emergency plan or other issues related to preparation, implementa- tion, or exercise of such a plan upon request of a local emergency planning committee. Such re- view shall not delay implementation of the plan. (Pub. L. 99–499, title III, § 303, Oct. 17, 1986, 100 Stat. 1731.) § 11004. Emergency notification (a) Types of releases (1) 11002(a) substance which requires CERCLA notice If a release of an extremely hazardous sub- stance referred to in section 11002(a) of this title occurs from a facility at which a haz- ardous chemical is produced, used, or stored, and such release requires a notification under section 103(a) of the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9603(a)] (hereafter in this section referred to as ‘‘CERCLA’’) (42 U.S.C. 9601 et seq.), the owner or operator of the facil- ity shall immediately provide notice as de- scribed in subsection (b). (2) Other 11002(a) substance If a release of an extremely hazardous sub- stance referred to in section 11002(a) of this title occurs from a facility at which a haz- ardous chemical is produced, used, or stored, and such release is not subject to the notifica- tion requirements under section 103(a) of CERCLA [42 U.S.C. 9603(a)], the owner or oper- ator 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)], (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 re- quire notification under section 103(a) of CERCLA [42 U.S.C. 9603(a)]. Unless and until superseded by regulations es- tablishing a quantity for an extremely haz- ardous 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 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)], the owner or operator shall provide notice as follows: (A) If the substance is one for which a re- portable quantity has been established under section 102(a) of CERCLA [42 U.S.C. 9602(a)], the owner or operator shall provide notice as described in subsection (b). (B) If the substance is one for which a re- portable quantity has not been established under section 102(a) of CERCLA [42 U.S.C. 9602(a)]— (i) Until April 30, 1988, the owner or oper- ator shall provide, for releases of one pound or more of the substance, the same notice to the community emergency coor- dinator for the local emergency planning committee, at the same time and in the same form, as notice is provided to the Na- tional Response Center under section 103(a) of CERCLA [42 U.S.C. 9603(a)]. (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 Page 8098 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11004 owner or operator of a facility (by such means as telephone, radio, or in person) to the com- munity emergency coordinator for the local emergency planning committees, if estab- lished pursuant to section 11001(c) of this title, for any area likely to be affected by the re- lease 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 trans- portation, the notice requirements of this sec- tion with respect to a release shall be satisfied by dialing 911 or, in the absence of a 911 emer- gency 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 re- sults): (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. (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 informa- tion becomes available) setting forth and updat- ing 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 chron- ic health risks associated with the release, and (3) where appropriate, advice regarding med- ical attention necessary for exposed individ- uals. (d) Transportation exemption not applicable The exemption provided in section 11047 of this title (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 ac- cordance with subsection (c). (2) Community water system notification (A) In general An applicable State agency receiving no- tice of a release under paragraph (1) shall— (i) promptly forward such notice to any community water system the source wa- ters of which are affected by the release; (ii) forward to the community water sys- tem the information provided under para- graph (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 emer- gency response commission shall provide the notices and information described in para- graph (1) directly to any community water system the source waters of which are af- fected 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)]. (B) Applicable State agency The term ‘‘applicable State agency’’ means the State agency that has primary re- sponsibility to enforce the requirements of the Safe Drinking Water Act in the State. (Pub. L. 99–499, title III, § 304, Oct. 17, 1986, 100 Stat. 1733; Pub. L. 115–270, title II, § 2018(a), Oct. 23, 2018, 132 Stat. 3857.) Editorial Notes REFERENCES IN TEXT The Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980, and CERCLA, re- ferred to in subsec. (a)(1), (3), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. The Safe Drinking Water Act, referred to in subsec. (e)(3)(B), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is clas- sified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–270, § 2018(a)(1), sub- stituted ‘‘State emergency response commission’’ for ‘‘State emergency planning commission’’. Page 8099 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11021 Subsec. (e). Pub. L. 115–270, § 2018(a)(2), added subsec. (e). § 11005. Emergency training and review of emer- gency systems (a) Emergency training (1) Programs Officials of the United States Government carrying out existing Federal programs for emergency training are authorized to specifi- cally provide training and education programs for Federal, State, and local personnel in haz- ard mitigation, emergency preparedness, fire prevention and control, disaster response, long-term disaster recovery, national security, technological and natural hazards, and emer- gency processes. Such programs shall provide special emphasis for such training and edu- cation with respect to hazardous chemicals. (2) State and local program support There is authorized to be appropriated to the Federal Emergency Management Agency for each of the fiscal years 1987, 1988, 1989, and 1990, $5,000,000 for making grants to support programs of State and local governments, and to support university-sponsored programs, which are designed to improve emergency planning, preparedness, mitigation, response, and recovery capabilities. Such programs shall provide special emphasis with respect to emer- gencies associated with hazardous chemicals. Such grants may not exceed 80 percent of the cost of any such program. The remaining 20 percent of such costs shall be funded from non- Federal sources. (3) Other programs Nothing in this section shall affect the availability of appropriations to the Federal Emergency Management Agency for any pro- grams carried out by such agency other than the programs referred to in paragraph (2). (b) Review of emergency systems (1) Review The Administrator shall initiate, not later than 30 days after October 17, 1986, a review of emergency systems for monitoring, detecting, and preventing releases of extremely haz- ardous substances at representative domestic facilities that produce, use, or store extremely hazardous substances. The Administrator may select representative extremely hazardous substances from the substances on the list re- ferred to in section 11002(a) of this title for the purposes of this review. The Administrator shall report interim findings to the Congress not later than seven months after October 17, 1986, and issue a final report of findings and recommendations to the Congress not later than 18 months after October 17, 1986. Such re- port shall be prepared in consultation with the States and appropriate Federal agencies. (2) Report The report required by this subsection shall include the Administrator’s findings regarding each of the following: (A) The status of current technological ca- pabilities to (i) monitor, detect, and prevent, in a timely manner, significant releases of extremely hazardous substances, (ii) deter- mine the magnitude and direction of the hazard posed by each release, (iii) identify specific substances, (iv) provide data on the specific chemical composition of such re- leases, and (v) determine the relative con- centrations of the constituent substances. (B) The status of public emergency alert devices or systems for providing timely and effective public warning of an accidental re- lease of extremely hazardous substances into the environment, including releases into the atmosphere, surface water, or groundwater from facilities that produce, store, or use significant quantities of such extremely haz- ardous substances. (C) The technical and economic feasibility of establishing, maintaining, and operating perimeter alert systems for detecting re- leases of such extremely hazardous sub- stances into the atmosphere, surface water, or groundwater, at facilities that manufac- ture, use, or store significant quantities of such substances. (3) Recommendations The report required by this subsection shall also include the Administrator’s recommenda- tions for— (A) initiatives to support the development of new or improved technologies or systems that would facilitate the timely monitoring, detection, and prevention of releases of ex- tremely hazardous substances, and (B) improving devices or systems for effec- tively alerting the public in a timely man- ner, in the event of an accidental release of such extremely hazardous substances. (Pub. L. 99–499, title III, § 305, Oct. 17, 1986, 100 Stat. 1735.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER II—REPORTING REQUIREMENTS § 11021. Material safety data sheets (a) Basic requirement (1) Submission of MSDS or list The owner or operator of any facility which is required to prepare or have available a ma- terial safety data sheet for a hazardous chem-