42 U.S.C. § 11003 — Untitled legal text

Page 8096 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11003 (C) If the Administrator fails to publish an interim final regulation establishing a thresh- old 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, vol- atility, dispersability, combustability, or flammability of a substance. For purposes of the preceding sentence, the term ‘‘toxicity’’ shall include any short- or long-term health effect which may result from a short-term ex- posure to the substance. (b) Facilities covered (1) Except as provided in section 11004 of this title, a facility is subject to the requirements of this subchapter if a substance on the list re- ferred to in subsection (a) is present at the facil- ity in an amount in excess of the threshold plan- ning quantity established for such substance. (2) For purposes of emergency planning, a Gov- ernor or a State emergency response commis- sion may designate additional facilities which shall be subject to the requirements of this sub- chapter, if such designation is made after public notice and opportunity for comment. The Gov- ernor or State emergency response commission shall notify the facility concerned of any facil- ity designation under this paragraph. (c) Emergency planning notification Not later than seven months after October 17, 1986, the owner or operator of each facility sub- ject to the requirements of this subchapter by reason of subsection (b)(1) shall notify the State emergency response commission for the State in which such facility is located that such facility is subject to the requirements of this sub- chapter. Thereafter, if a substance on the list of extremely hazardous substances referred to in subsection (a) first becomes present at such fa- cility in excess of the threshold planning quan- tity established for such substance, or if there is a revision of such list and the facility has present a substance on the revised list in excess of the threshold planning quantity established for such substance, the owner or operator of the facility shall notify the State emergency re- sponse commission and the local emergency planning committee within 60 days after such acquisition or revision that such facility is sub- ject to the requirements of this subchapter. (d) Notification of Administrator The State emergency response commission shall notify the Administrator of facilities sub- ject to the requirements of this subchapter by notifying the Administrator of— (1) each notification received from a facility under subsection (c), and (2) each facility designated by the Governor or State emergency response commission under subsection (b)(2). (Pub. L. 99–499, title III, § 302, Oct. 17, 1986, 100 Stat. 1730.) § 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 fre- quently as changed circumstances in the com- munity 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 emer- gency plan, and shall make recommendations with respect to additional resources that may be required and the means for providing such addi- tional 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 with- in the emergency planning district, identifica- tion of routes likely to be used for the trans- portation of substances on the list of ex- tremely hazardous substances referred to in section 11002(a) of this title, and identification of additional facilities contributing or sub- jected to additional risk due to their prox- imity to facilities subject to the requirements of this subchapter, such as hospitals or nat- ural gas facilities. (2) Methods and procedures to be followed by facility owners and operators and local emer- gency and medical personnel to respond to any release of such substances. (3) Designation of a community emergency coordinator and facility emergency coordina- tors, who shall make determinations nec- essary to implement the plan. (4) Procedures providing reliable, effective, and timely notification by the facility emer- gency coordinators and the community emer- gency coordinator to persons designated in the emergency plan, and to the public, that a re- lease has occurred (consistent with the emer- gency notification requirements of section 11004 of this title). (5) Methods for determining the occurrence of a release, and the area or population likely to be affected by such release. (6) A description of emergency equipment and facilities in the community and at each facility in the community subject to the re- quirements of this subchapter, and an identi- fication of the persons responsible for such equipment and facilities. (7) Evacuation plans, including provisions for a precautionary evacuation and alter- native traffic routes. (8) Training programs, including schedules for training of local emergency response and medical personnel. (9) Methods and schedules for exercising the emergency plan. (d) Providing of information For each facility subject to the requirements of this subchapter: 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