42 U.S.C. § 11049

Definitions

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For purposes of this chapter—(1) Administrator

The term “Administrator” means the Administrator 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 section 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 aircraft.

(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), partnership, 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 environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or toxic chemical.

(9) State

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American 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 substance on the list described in section 11023(c) of this title.

(Pub. L. 99–499, title III, § 329, Oct. 17, 1986, 100 Stat. 1757.)

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1991–2024 · leading case: Sierra Club v. Seaboard Farms, Inc.

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Sierra Club v. Seaboard Farms, Inc. (2004) ca10 “42 U.S.C. § 11049 (4) (emphasis added). EPCRA’s notification requirements “provide citizens with accurate information [regarding] all releases of toxic chemicals at a site for informational purposes.”

Sierra Club, Inc. v. Tyson Foods, Inc. (2003) kywd “42 U.S.C. § 11049 (4). Each of defendants’ chicken production operations is a facility under this definition.”

Atlantic States Legal Foundation, Inc. v. Whiting Roll-Up Door Manufacturing Corp. (1991) nywd “329(4), 42 U.S.C. § 11049 (4), to submit certain specified information with respect to hazardous chemicals maintained at threshold levels to responsible state, local and, in the *747 case of § 313, federal authorities.”

Barrick Goldstrike Mines, Inc. v. Whitman (2003) dcd “” 42 U.S.C. § 11049 (10). EPA contends that this definition is ambiguous with respect to the status of chemical categories that are listed because a category is not a “substance” but includes a number of substances.”

Don't Waste Arizona, Inc. v. McLane Foods, Inc. (1997) azd “42 U.S.C. § 11049 (7). 1. Article III requirement Plaintiff has raised the issue of standing to bring this suit in its Motion for Partial Summary Judgment and has provided a thorough treatment of the issue.”

Salmon v. Pacific Lumber Co. (1998) cand “§ 11046 (a)(1), which allows “any person” to “commence a civil action on his own behalf’ and which defines “person” to include associations, 42 U.S.C. § 11049 (7), “permits respondent to vindicate only its own interests as an organization, and not the interests of its individual…”

Amer Chemistry Cncl v. Leavitt, Michael O. (2005) cadc “To start with, EPA urges that the term “toxic” should not be given its ordinary meaning because “toxic chemical” is defined in the statute’s formal definitions to mean “a substance on the list described in section 313(c)” — that is, a substance on the TRI, as revised by the…”

Ecological Rights Foundation v. Pacific Lumber Co. (1999) cand “§ 11046 (a)(1), which allows “any person” to “commence a civil action on his own behalf’ and which defines “person” to include associations, 42 U.S.C. § 11049 (7), “permits respondent to vindicate only its own interests as an organization, and not the interests of its individual…”

NATIONAL PORK PRODUCERS COUNCIL v. Jackson (2009) wiwd · cites it 2× “” But just what is surprising or threatening about that statement? If farms previously had been excluded from EPCRA’s definition of “facility,” 42 U.S.C. § 11049 (4), defendant’s statement might signal a change in policy.”

Neighbors for a Toxic Free Community v. Vulcan Materials Co. (1997) cod “42 U.S.C. § 11049 (4). GATC asserts that the preamble to the EPA regulations states that EPCRA imposes a less burdensome notice requirement on transportation-related entities, noting that “transportation operators on the road very well may not know the telephone numbers of the…”

Coho Salmon v. Pacific Lumber Co. (1999) cand “§ 11046 (a)(1), which allows “any person” to “commence a civil action on his own behalf’ and which defines “person” to include associations, 42 U.S.C. § 11049 (7), “permits respondent to vindicate only its own interests as an organization, and not the interests of its individual…”

Dayton Power & Light Co. v. Browner (1999) dcd · cites it 5× “” 42 U.S.C. § 11049 (8). “Environment” includes “water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.”

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