42 U.S.C. § 9603 — Notification requirements respecting re-

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 (b) Unless and until superseded by regulations establishing a reportable quantity under sub- section (a) of this section for any hazardous sub- stance as defined in section 9601(14) of this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 Page 7722 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9603 of a hazardous substance. Notification received pursuant to this subsection or information ob- tained 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 giving a false statement. (d) Recordkeeping requirements; promulgation of rules and regulations by Administrator of EPA; penalties for violations; waiver of re- tention requirements (1) The Administrator of the Environmental Protection Agency is authorized to promulgate rules and regulations specifying, with respect to— (A) the location, title, or condition of a fa- cility, and (B) the identity, characteristics, quantity, origin, or condition (including containerization and previous treatment) of any hazardous substances contained or depos- ited in a facility; the records which shall be retained by any per- son required to provide the notification of a fa- cility set out in subsection (c) of this section. Such specification shall be in accordance with the provisions of this subsection. (2) Beginning with December 11, 1980, for fifty years thereafter or for fifty years after the date of establishment of a record (whichever is later), or at any such earlier time as a waiver if ob- tained under paragraph (3) of this subsection, it shall be unlawful for any such person knowingly to destroy, mutilate, erase, dispose of, conceal, or otherwise render unavailable or unreadable or falsify any records identified in paragraph (1) of this subsection. Any person who violates this paragraph shall, upon conviction, be fined in ac- cordance 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 conviction), or both. (3) At any time prior to the date which occurs fifty years after December 11, 1980, any person identified under paragraph (1) of this subsection may apply to the Administrator of the Environ- mental Protection Agency for a waiver of the provisions of the first sentence of paragraph (2) of this subsection. The Administrator is author- ized to grant such waiver if, in his discretion, such waiver would not unreasonably interfere with the attainment of the purposes and provi- sions of this chapter. The Administrator shall promulgate rules and regulations regarding such a waiver so as to inform parties of the proper ap- plication procedure and conditions for approval of such a waiver. (4) Notwithstanding the provisions of this sub- section, the Administrator of the Environ- mental Protection Agency may in his discretion require any such person to retain any record identified pursuant to paragraph (1) of this sub- section for such a time period in excess of the period specified in paragraph (2) of this sub- section as the Administrator determines to be necessary to protect the public health or wel- fare. (e) Applicability to registered pesticide products and air emissions from animal waste at farms (1) In general This section shall not apply to— (A) the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) or the handling and storage of such a pesticide product by an agricultural pro- ducer; or (B) air emissions from animal waste (in- cluding decomposing animal waste) at a farm. (2) Definitions In this subsection: (A) Animal waste (i) In general The term ‘‘animal waste’’ means feces, urine, or other excrement, digestive emis- sion, urea, or similar substances emitted by animals (including any form of live- stock, poultry, or fish). (ii) Inclusions The term ‘‘animal waste’’ includes ani- mal waste that is mixed or commingled with bedding, compost, feed, soil, or any other material typically found with such waste. (B) Farm The term ‘‘farm’’ means a site or area (in- cluding associated structures) that— (i) is used for— (I) the production of a crop; or (II) the raising or selling of animals (including any form of livestock, poul- try, or fish); and (ii) under normal conditions, produces during a farm year any agricultural prod- ucts with a total value equal to not less than $1,000. (f) Exemptions from notice and penalty provi- sions for substances reported under other Federal law or is in continuous release, etc. No notification shall be required under sub- section (a) or (b) of this section for any release of a hazardous substance— (1) which is required to be reported (or spe- cifically exempted from a requirement for re- porting) under subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] or regula- tions thereunder and which has been reported to the National Response Center, or (2) which is a continuous release, stable in quantity and rate, and is— (A) from a facility for which notification has been given under subsection (c) of this section, or (B) a release of which notification has been given under subsections (a) and (b) of this section for a period sufficient to establish the continuity, quantity, and regularity of such release: Provided, That notification in accordance with subsections (a) and (b) of this paragraph shall be given for releases subject to this paragraph annually, or at such time as there is any sta- tistically significant increase in the quantity of any hazardous substance or constituent thereof released, above that previously re- ported or occurring. Page 7723 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 (Pub. L. 96–510, title I, § 103, Dec. 11, 1980, 94 Stat. 2772; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 99–499, title I, §§ 103, 109(a)(1), (2), Oct. 17, 1986, 100 Stat. 1617, 1632, 1633; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 115–141, div. S, title XI, § 1102, Mar. 23, 2018, 132 Stat. 1147.) Editorial Notes REFERENCES IN TEXT The Clean Water Act, referred to in subsec. (a), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classi- fied generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(2), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables. The Solid Waste Disposal Act, referred to in subsecs. (c) and (f)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. This chapter, referred to in subsec. (d)(3), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Envi- ronmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (e)(1)(A), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to sub- chapter II (§ 136 et seq.) of chapter 6 of Title 7, Agri- culture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–141 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: ‘‘This section shall not apply to the ap- plication of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act or to the handling and storage of such a pesticide product by an agricultural producer.’’ 1996—Subsec. (b)(2). Pub. L. 104–208 substituted ‘‘Mag- nuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. 1986—Subsec. (b). Pub. L. 99–499, §§ 103, 109(a), adjusted left hand margin of text following ‘‘federally permitted release,’’ third place appearing so that there is no in- dentation of that text, inserted ‘‘or who submits in such a notification any information which he knows to be false or misleading’’, and substituted ‘‘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 conviction), or both’’ for ‘‘not more than $10,000 or imprisoned for not more than one year, or both’’ and ‘‘subsection’’ for ‘‘para- graph’’. Subsec. (d)(2). Pub. L. 99–499, § 109(a)(2), substituted ‘‘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’’ for ‘‘not more than $20,000, or impris- oned for not more than one year, or both’’ as the prob- able intent of Congress, notwithstanding directory lan- guage that the substitution be made for ‘‘not more than $20,000, or imprisoned for not more than one year or both’’. 1980—Subsec. (b)(2). Pub. L. 96–561 substituted ‘‘Mag- nuson Fishery Conservation and Management Act’’ for ‘‘Fishery Conservation and Management Act of 1976’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. 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. APPLICATION Pub. L. 115–141, div. S, title XI, § 1103, Mar. 23, 2018, 132 Stat. 1148, provided that: ‘‘Nothing in this title [see Short Title of 2018 Amendment note set out under sec- tion 9601 of this title] or an amendment made by this title affects, or supersedes or modifies the responsi- bility or authority of any Federal official or employee to comply with or enforce, any requirement under the Comprehensive Environmental Response, Compensa- tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), other than the hazardous substance notification re- quirements under section 103 of that Act (42 U.S.C. 9603) with respect to air emissions from animal waste at farms.’’ Executive Documents CONTIGUOUS ZONE OF UNITED STATES For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43, Public Lands. § 9604. Response authorities (a) Removal and other remedial action by Presi- dent; applicability of national contingency plan; response by potentially responsible parties; public health threats; limitations on response; exception (1) Whenever (A) any hazardous substance is released or there is a substantial threat of such a release into the environment, or (B) there is a release or substantial threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare, the President is authorized to act, consistent with the national contingency plan, to remove or ar- range for the removal of, and provide for reme- dial action relating to such hazardous sub- stance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource), or take any other response measure consistent with the national contin- gency plan which the President deems necessary to protect the public health or welfare or the en- vironment. When the President determines that such action will be done properly and promptly by the owner or operator of the facility or vessel or by any other responsible party, the President may allow such person to carry out the action, conduct the remedial investigation, or conduct