42 U.S.C. § 11047 — Exemption

Page 8113 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11050 (2) By persons In any action under this section, any person may intervene as a matter of right when such person has a direct interest which is or may be adversely affected by the action and the dis- position of the action may, as a practical mat- ter, impair or impede the person’s ability to protect that interest unless the Administrator or the State shows that the person’s interest is adequately represented by existing parties in the action. (Pub. L. 99–499, title III, § 326, Oct. 17, 1986, 100 Stat. 1755.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (e), is Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1613, known as the Superfund Amendments and Reauthorization Act of 1986. For com- plete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 9601 of this title and Tables. The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in the Appendix to Title 28, Judi- ciary and Judicial Procedure. § 11047. Exemption Except as provided in section 11004 of this title, this chapter does not apply to the trans- portation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this chapter, in- cluding the transportation and distribution of natural gas. (Pub. L. 99–499, title III, § 327, Oct. 17, 1986, 100 Stat. 1757.) § 11048. Regulations The Administrator may prescribe such regula- tions as may be necessary to carry out this chapter. (Pub. L. 99–499, title III, § 328, Oct. 17, 1986, 100 Stat. 1757.) § 11049. Definitions For purposes of this chapter— (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator 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 sec- tion 11002(a)(2) of this title. (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, the term includes motor vehicles, rolling stock, and air- craft. (5) Hazardous chemical The term ‘‘hazardous chemical’’ has the meaning given such term by section 11021(e) of this title. (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), part- nership, association, State, municipality, commission, political subdivision of a State, or interstate body. (8) Release The term ‘‘release’’ means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the envi- ronment (including the abandonment or dis- carding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or toxic chem- ical. (9) State The term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession over which the United States has jurisdiction. (10) Toxic chemical The term ‘‘toxic chemical’’ means a sub- stance on the list described in section 11023(c) of this title. (Pub. L. 99–499, title III, § 329, Oct. 17, 1986, 100 Stat. 1757.) § 11050. Authorization of appropriations There are authorized to be appropriated for fiscal years beginning after September 30, 1986, such sums as may be necessary to carry out this chapter. (Pub. L. 99–499, title III, § 330, Oct. 17, 1986, 100 Stat. 1758.) CHAPTER 117—ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES Sec. 11101. Findings. SUBCHAPTER I—PROMOTION OF PROFESSIONAL REVIEW ACTIVITIES 11111. Professional review. 11112. Standards for professional review actions. 11113. Payment of reasonable attorneys’ fees and costs in defense of suit. 11114. Guidelines of Secretary.