42 U.S.C. § 9602 — Designation of additional hazardous sub-

Page 7720 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9602 Forces, amending sections 6926, 6928, 6991 to 6991d, 6991g, 9601 to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title and section 1416 of Title 33, Navigation and Navigable Waters, and renumbering former section 2701 of Title 10 as section 2721 of Title 10] shall take effect on the enactment of this Act [Oct. 17, 1986].’’ Amendment by section 517(c)(2) of Pub. L. 99–499 ef- fective Jan. 1, 1987, see section 517(e) of Pub. L. 99–499, set out as an Effective Date note under section 9507 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–141, div. N, § 1, Mar. 23, 2018, 132 Stat. 1052, provided that: ‘‘This division [amending this section and sections 9604, 9607, and 9628 of this title] may be cited as the ‘Brownfields Utilization, Investment, and Local Development Act of 2018’ or the ‘BUILD Act’.’’ Pub. L. 115–141, div. S, title XI, § 1101, Mar. 23, 2018, 132 Stat. 1147, provided that: ‘‘This title [amending section 9603 of this title and enacting provisions set out as a note under section 9603 of this title] may be cited as the ‘Fair Agricultural Reporting Method Act’ or the ‘FARM Act’.’’ SHORT TITLE OF 2002 AMENDMENTS Pub. L. 107–118, § 1, Jan. 11, 2002, 115 Stat. 2356, pro- vided that: ‘‘This Act [enacting section 9628 of this title, amending this section and sections 9604, 9605, 9607, and 9622 of this title, and enacting provisions set out as notes under this section and section 9607 of this title] may be cited as the ‘Small Business Liability Relief and Brownfields Revitalization Act’.’’ Pub. L. 107–118, title I, § 101, Jan. 11, 2002, 115 Stat. 2356, provided that: ‘‘This title [amending sections 9607 and 9622 of this title and enacting provisions set out as a note under section 9607 of this title] may be cited as the ‘Small Business Liability Protection Act’.’’ Pub. L. 107–118, title II, § 201, Jan. 11, 2002, 115 Stat. 2360, provided that: ‘‘This title [enacting section 9628 of this title and amending this section and sections 9604, 9605, and 9607 of this title] may be cited as the ‘Brownfields Revitalization and Environmental Res- toration Act of 2001’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title II, § 2501, Sept. 30, 1996, 110 Stat. 3009–462, provided that: ‘‘This subtitle [subtitle E (§§ 2501–2505) of title II of div. A of Pub. L. 104–208, amending this section and sections 6991b and 9607 of this title and enacting provisions set out as a note under section 6991b of this title] may be cited as the ‘Asset Conservation, Lender Liability, and Deposit In- surance Protection Act of 1996’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–426, § 1, Oct. 19, 1992, 106 Stat. 2174, pro- vided that: ‘‘This Act [amending section 9620 of this title and enacting provisions set out as a note under section 9620 of this title] may be cited as the ‘Commu- nity Environmental Response Facilitation Act’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–499, § 1, Oct. 17, 1986, 100 Stat. 1613, provided that: ‘‘This Act [enacting subchapter IV of this chapter and sections 9616 to 9626, 9658 to 9662, 11001 to 11005, 11021 to 11023, and 11041 to 11050 of this title, sections 2701 to 2707 and 2810 of Title 10, Armed Forces, and sec- tions 59A, 4671, 4672, 9507, and 9508 of Title 26, Internal Revenue Code, amending this section, sections 6926, 6928, 6991 to 6991d, 6991g, 9602 to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title, sections 26, 164, 275, 936, 1561, 4041, 4042, 4081, 4221, 4611, 4612, 4661, 4662, 6154, 6416, 6420, 6421, 6425, 6427, 6655, 9502, 9503, and 9506 of Title 26, and section 1416 of Title 33, Navigation and Navigable Waters, renumbering former section 2701 of Title 10 as section 2721 of Title 10, repealing sections 9631 to 9633, 9641, and 9653 of this title and sections 4681 and 4682 of Title 26, and enacting provisions set out as notes under this section, sections 6921, 6991b, 7401, 9620, 9621, 9658, 9660, 9661, and 11001 of this title, section 2703 of Title 10, sections 1, 26, 4041, 4611, 4661, 4671, 4681, 9507, and 9508 of Title 26, and section 655 of Title 29, Labor] may be cited as the ‘Superfund Amendments and Reauthorization Act of 1986’.’’ SHORT TITLE Pub. L. 96–510, § 1, Dec. 11, 1980, 94 Stat. 2767, provided: ‘‘That this Act [enacting this chapter, section 6911a of this title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code, amending sec- tion 6911 of this title, section 1364 of Title 33, Naviga- tion and Navigable Waters, and section 11901 of Title 49, Transportation, and enacting provisions set out as notes under section 6911 of this title and sections 1 and 4611 of Title 26] may be cited as the ‘Comprehensive En- vironmental Response, Compensation, and Liability Act of 1980’.’’ DEFINITIONS Pub. L. 99–499, § 2, Oct. 17, 1986, 100 Stat. 1614, provided that: ‘‘As used in this Act [see Short Title of 1986 Amendment note above]— ‘‘(1) CERCLA.—The term ‘CERCLA’ means the Comprehensive Environmental Response, Compensa- tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro- tection Agency.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands. § 9602. Designation of additional hazardous sub- stances and establishment of reportable re- leased quantities; regulations (a) The Administrator shall promulgate and revise as may be appropriate, regulations desig- nating as hazardous substances, in addition to those referred to in section 9601(14) of this title, such elements, compounds, mixtures, solutions, and substances which, when released into the environment may present substantial danger to the public health or welfare or the environment, and shall promulgate regulations establishing that quantity of any hazardous substance the re- lease of which shall be reported pursuant to sec- tion 9603 of this title. The Administrator may determine that one single quantity shall be the reportable quantity for any hazardous sub- stance, regardless of the medium into which the hazardous substance is released. For all haz- ardous substances for which proposed regula- tions establishing reportable quantities were published in the Federal Register under this subsection on or before March 1, 1986, the Ad- ministrator shall promulgate under this sub- Page 7721 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9603 section final regulations establishing reportable quantities not later than December 31, 1986. For all hazardous substances for which proposed reg- ulations establishing reportable quantities were not published in the Federal Register under this subsection on or before March 1, 1986, the Ad- ministrator shall publish under this subsection proposed regulations establishing reportable quantities not later than December 31, 1986, and promulgate final regulations under this sub- section establishing reportable quantities not later than April 30, 1988.’’ (b) Unless and until superseded by regulations establishing a reportable quantity under sub- section (a) of this section for any hazardous sub- stance as defined in section 9601(14) of this title, (1) a quantity of one pound, or (2) for those haz- ardous substances for which reportable quan- tities have been established pursuant to section 1321(b)(4) of title 33, such reportable quantity, shall be deemed that quantity, the release of which requires notification pursuant to section 9603(a) or (b) of this title. (Pub. L. 96–510, title I, § 102, Dec. 11, 1980, 94 Stat. 2772; Pub. L. 99–499, title I, § 102, Oct. 17, 1986, 100 Stat. 1617.) Editorial Notes AMENDMENTS 1986—Subsec. (a). Pub. L. 99–499 inserted provisions setting deadlines for promulgation of proposed and final regulations. § 9603. Notification requirements respecting re- leased substances (a) Notice to National Response Center upon re- lease from vessel or offshore or onshore facil- ity by person in charge; conveyance of notice by Center Any person in charge of a vessel or an offshore or an onshore facility shall, as soon as he has knowledge of any release (other than a federally permitted release) of a hazardous substance from such vessel or facility in quantities equal to or greater than those determined pursuant to section 9602 of this title, immediately notify the National Response Center established under the Clean Water Act [33 U.S.C. 1251 et seq.] of such release. The National Response Center shall con- vey the notification expeditiously to all appro- priate Government agencies, including the Gov- ernor of any affected State. (b) Penalties for failure to notify; use of notice or information pursuant to notice in criminal case Any person— (1) in charge of a vessel from which a haz- ardous substance is released, other than a fed- erally permitted release, into or upon the nav- igable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or (2) in charge of a vessel from which a haz- ardous substance is released, other than a fed- erally permitted release, which may affect natural resources belonging to, appertaining to, or under the exclusive management au- thority of the United States (including re- sources under the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]), and who is otherwise subject to the jurisdiction of the United States at the time of the release, or (3) in charge of a facility from which a haz- ardous substance is released, other than a fed- erally permitted release, in a quantity equal to or greater than that de- termined pursuant to section 9602 of this title who fails to notify immediately the appropriate agency of the United States Government as soon as he has knowledge of such release or who sub- mits in such a notification any information which he knows to be false or misleading shall, upon conviction, be fined in accordance with the applicable provisions of title 18 or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent con- viction), or both. Notification received pursuant to this subsection or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except a prosecution for perjury or for giv- ing a false statement. (c) Notice to Administrator of EPA of existence of storage, etc., facility by owner or operator; exception; time, manner, and form of notice; penalties for failure to notify; use of notice or information pursuant to notice in criminal case Within one hundred and eighty days after De- cember 11, 1980, any person who owns or operates or who at the time of disposal owned or oper- ated, or who accepted hazardous substances for transport and selected, a facility at which haz- ardous substances (as defined in section 9601(14)(C) of this title) are or have been stored, treated, or disposed of shall, unless such facility has a permit issued under, or has been accorded interim status under, subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], no- tify the Administrator of the Environmental Protection Agency of the existence of such facil- ity, specifying the amount and type of any haz- ardous substance to be found there, and any known, suspected, or likely releases of such sub- stances from such facility. The Administrator may prescribe in greater detail the manner and form of the notice and the information included. The Administrator shall notify the affected State agency, or any department designated by the Governor to receive such notice, of the ex- istence of such facility. Any person who know- ingly fails to notify the Administrator of the ex- istence of any such facility shall, upon convic- tion, be fined not more than $10,000, or impris- oned for not more than one year, or both. In ad- dition, any such person who knowingly fails to provide the notice required by this subsection shall not be entitled to any limitation of liabil- ity or to any defenses to liability set out in sec- tion 9607 of this title: Provided, however, That notification under this subsection is not re- quired for any facility which would be report- able hereunder solely as a result of any stoppage in transit which is temporary, incidental to the transportation movement, or at the ordinary op- erating convenience of a common or contract carrier, and such stoppage shall be considered as a continuity of movement and not as the storage