42 U.S.C. § 11004

Emergency notification

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(a) Types of releases(1) 11002(a) substance which requires CERCLA notice

If a release of an extremely hazardous substance referred to in section 11002(a) of this title occurs from a facility at which a hazardous chemical is produced, used, or stored, and such release requires a notification under section 103(a) of the Comprehensive Environmental 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 facility shall immediately provide notice as described in subsection (b).

(2) Other 11002(a) substanceIf a release of an extremely hazardous substance referred to in section 11002(a) of this title occurs from a facility at which a hazardous chemical is produced, used, or stored, and such release is not subject to the notification requirements under section 103(a) of CERCLA [42 U.S.C. 9603(a)], the owner or operator 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occurs in a manner which would require notification under section 103(a) of CERCLA [42 U.S.C. 9603(a)].Unless and until superseded by regulations establishing a quantity for an extremely hazardous substance described in this paragraph, a quantity of 1 pound shall be deemed that quantity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 noticeIf 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 reportable 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 reportable 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 operator shall provide, for releases of one pound or more of the substance, the same notice to the community emergency coordinator for the local emergency planning committee, at the same time and in the same form, as notice is provided to the National 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 owner or operator of a facility (by such means as telephone, radio, or in person) to the community emergency coordinator for the local emergency planning committees, if established pursuant to section 11001(c) of this title, for any area likely to be affected by the release 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 transportation, the notice requirements of this section with respect to a release shall be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator.

(2) ContentsNotice 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 results):(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 noticeAs 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 information becomes available) setting forth and updating 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 chronic health risks associated with the release, and(3) where appropriate, advice regarding medical attention necessary for exposed individuals.(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 notificationA 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 accordance with subsection (c).(2) Community water system notification(A) In generalAn applicable State agency receiving notice of a release under paragraph (1) shall—(i) promptly forward such notice to any community water system the source waters of which are affected by the release;(ii) forward to the community water system the information provided under paragraph (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 emergency response commission shall provide the notices and information described in paragraph (1) directly to any community water system the source waters of which are affected by a release that requires notice under subsection (a).

(3) DefinitionsIn 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 responsibility 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 NotesReferences in Text

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and CERCLA, referred 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 classified 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), substituted “State emergency response commission” for “State emergency planning commission”.

Subsec. (e). Pub. L. 115–270, § 2018(a)(2), added subsec. (e).

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1996–2025 · leading case: Ctr. for Biological Diversity, Inc. v. BP Am. Prod. Co., 704 F.3d 413 (5th Cir. 2013).

Sort: Relevance Newest Treatment

Ctr. for Biological Diversity, Inc. v. BP Am. Prod. Co., 704 F.3d 413 (5th Cir. 2013). · cites it 5× “§ 9603 (a) (Count 6); and failure to report the release of hazardous substances to the emergency coordinator for the local emergency planning committee, in violation of EPCRA, 42 U.S.C. § 11004 (Count 7). In its prayer for relief, the Center sought the following: (1) a…”

Waterkeeper All. v. Env't Prot. Agency, 853 F.3d 527 (D.C. Cir. 2017). · cites it 4× “See 42 U.S.C. § 11004 ; see also Steel Co. v.”

Sierra Club, Inc. v. Tyson Foods, Inc., 299 F. Supp. 2d 693 (W.D. Ky. 2003). · cites it 8× “42 U.S.C. § 11004 (a); 40 C.F.R. § 355.40 (b)(1).”

People v. Union Pac. R.R. Co., 2006 Cal. Daily Op. Serv. 7119 (Cal. Ct. App. 2006). · cites it 2× “( 42 U.S.C. § 11004 (a)(3).) While transporters of substances are otherwise exempt from the Emergency Planning and Community Right-to-Know Act, they are expressly made subject to the notification requirements of the act.”

United States v. S. Union Co., 630 F.3d 17 (1st Cir. 2010). “1 See 42 U.S.C. §§ 11004 , 11045(b)(4). Southern Union’s prime defense at trial was that the mercury was not a waste, but rather was a commercial chemical product that the company intended to recycle.”

Huls Am. Inc. v. Carol M. Browner, Adm'r, & the Env't Prot. Agency, 83 F.3d 445 (D.C. Cir. 1996). “See 42 U.S.C. §§ 11004 (a)(2), 11004(a)(4). 8 .”

United States Ex Rel. Kasowitz Benson Torres LLP v. Basf Corp., 929 F.3d 721 (D.C. Cir. 2019). “§ 7671b(b) (Clean Air Act); 42 U.S.C. § 11004 (EPCRA). And Kasowitz's property rights theory, if adopted, would make any violation of countless reporting requirements actionable under the FCA.”

United States v. Comunidades Unidas Contra La Contaminacion, 204 F.3d 275 (1st Cir. 2000). “§ 1321 ; various reporting requirements relating to hazardous substances required by the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. §§ 11004 , 11022, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.”

Citizens Against Pollution v. Ohio Power Co., 484 F. Supp. 2d 800 (S.D. Ohio 2007). “§ 9603 (a); 42 U.S.C. § 11004 (a)(1), (b). Congress, however, created a reporting exemption to those requirements in 42 U.”

Neighbors for a Toxic Free Cmty. v. Vulcan Materials Co., 964 F. Supp. 1448 (D. Colo. 1997). · cites it 2× “42 U.S.C. § 11004 (b). GATC asserts that after it found out about the spill, it was informed that Vulcan, the operator, made the emergency call, and that Plaintiffs concede that the emergency call was made.”

Humane Soc'y of the U.S. v. Hanor Co. of Wis., LLC, 289 F. Supp. 3d 692 (E.D.N.C. 2018). · cites it 7× “42 U.S.C. § 11004 (a)(1) ; see 40 C.F.R. Pt.”

United States v. Comunidades Unidas Contra La Contaminacion, 106 F. Supp. 2d 216 (D.P.R. 2000). “§ 9603 ; the hazardous substance release reporting requirements of section 302 of EPCRA, 42 U.S.C. § 11004 ; and the underground storage tank requirements promulgated at 40 C.”

Show all 17 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.