U.S. Code » Title 42 » Chapter CHAPTER 103— COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY › Subchapter SUBCHAPTER I— HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION

42 U.S.C. § 9602

Designation of additional hazardous substances and establishment of reportable released quantities; regulations

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(a) The Administrator shall promulgate and revise as may be appropriate, regulations designating as hazardous substances, in addition to those referred to in section 9601(14) of this title, such elements, compounds, mixtures, solutions, and substances which, when released into the environment may present substantial danger to the public health or welfare or the environment, and shall promulgate regulations establishing that quantity of any hazardous substance the release of which shall be reported pursuant to section 9603 of this title. The Administrator may determine that one single quantity shall be the reportable quantity for any hazardous substance, regardless of the medium into which the hazardous substance is released. For all hazardous substances for which proposed regulations establishing reportable quantities were published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall promulgate under this subsection final regulations establishing reportable quantities not later than December 31, 1986. For all hazardous substances for which proposed regulations establishing reportable quantities were not published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall publish under this subsection proposed regulations establishing reportable quantities not later than December 31, 1986, and promulgate final regulations under this subsection establishing reportable quantities not later than April 30, 1988.”(b) Unless and until superseded by regulations establishing a reportable quantity under subsection (a) of this section for any hazardous substance as defined in section 9601(14) of this title, (1) a quantity of one pound, or (2) for those hazardous substances for which reportable quantities 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 NotesAmendments

1986—Subsec. (a). Pub. L. 99–499 inserted provisions setting deadlines for promulgation of proposed and final regulations.

Notes of Decisions
Cited in 76 cases (3 in the last 5 years), 1982–2023 · leading case: Waterkeeper All. v. Env't Prot. Agency, 853 F.3d 527 (D.C. Cir. 2017).
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Waterkeeper All. v. Env't Prot. Agency, 853 F.3d 527 (D.C. Cir. 2017). · cites it 2× “See 42 U.S.C. § 9602 (a) (CERCLA); see also id.”
Commonwealth of Massachusetts v. Blackstone Valley Elec. Co., 67 F.3d 981 (1st Cir. 1995). · cites it 3× “” 42 U.S.C. § 9602 (a). The EPA has codified a consolidated list of hazardous substances subsuming all of the statutory lists incorporated by CERCLA, at 40 C.”
Dedham Water Co. & Dedham-Westwood Water Dist. v. Cumberland Farms Dairy, Inc., 889 F.2d 1146 (1st Cir. 1989). · cites it 2× “See 42 U.S.C. § 9602 ; 40 C.F.R. § 302.1 , et seq.”
United States v. Wade, 577 F. Supp. 1326 (E.D. Pa. 1983). · cites it 2× “42 U.S.C. § 9602 (b). This provision may have been aimed at the fact that EPA has promulgated effluent standards for only a few toxic pollutants designated pursuant to § 307(a) of FWPCA and apparently has no plans to promulgate additional standards in the immediate future.”
United States v. Baytank (Houston), Inc., United States of Am. v. Baytank (Houston), Inc., 934 F.2d 599 (5th Cir. 1991). · cites it 2× “The reportable quantity of acrylonitrile, established by regulation pursuant to 42 U.S.C. § 9602 (a), 12 is one hundred pounds.”
City of New York v. Exxon Corp., 744 F. Supp. 474 (S.D.N.Y. 1990). · cites it 3× “Environmental Protection Agency (“EPA”) pursuant to Section 102 of CERCLA, 42 U.S.C. § 9602 , see 40 C.F.R. Table 302.”
The State of New York v. Shore Realty Corp. & Donald Leogrande, 759 F.2d 1032 (2d Cir. 1985). “§ 2606 (1982), while authorizing EPA to designate additional substances that "may present substantial danger to the public health or welfare or the environment,” 42 U.S.C. § 9602 (a). 7 . 42 U.S.C. § 9601 (24) provides: "remedy” or "remedial action” means those actions…”
United States v. Conservation Chem. Co., 619 F. Supp. 162 (W.D. Mo. 1985). “) 42 U.S.C. § 9602 (a). Similarly, the interim standards for reportable quantities under CERCLA — one pound for all substances except those designated pursuant to § 311(b)(2)(A) of *196 FWPCA — suggests that Congress intended a result almost as drastic as the one the generator…”
United States v. Serafini, 750 F. Supp. 168 (M.D. Penn. 1990). · cites it 3× “This definition incorporates a number of lists of hazardous substances and allows the EPA to add additional substances to the list in accordance with 42 U.S.C. § 9602 . The affidavit of Anthony Bouselli which the City of Scranton submitted in support of its cross-motion for…”
Tesoro Refining & Mktg. Co. v. Dep't of Revenue, 164 Wash. 2d 310 (Wash. 2008). “020(l)(a) (categorizing “hazardous substance” according to federal statute 42 U.S.C. § 9602 , which defines “hazardous substance” as air pollutants and substances that when discharged present an imminent and substantial danger to the public health or welfare or the environment).”
A.Y. McDonald Indus., Inc. v. Ins. Co. of North Am., 475 N.W.2d 607 (Iowa 1991). “A “hazardous substance” includes “any element, compound, mixture, solution, or substance” covered under certain federal environment statutes, including “hazardous waste” under RCRA and substances designated by the EPA under 42 U.S.C. § 9602 . 42 U.S.C. § 9601 (14).”
United States v. Alcan Aluminum Corp., 755 F. Supp. 531 (N.D.N.Y. 1991). · cites it 2× “Hazardous substances under CERCLA, then, include all substances so designated under other statutes pursuant to the grant of authority contained therein in addition to substances so designated by the EPA pursuant to the grant of authority under 42 U.S.C. § 9602 (a). See United…”
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— 42 U.S.C. § 9602(a) — 2 cases
United States v. Monsanto Co., 858 F.2d 160 (4th Cir. 1988).
Pennsylvania v. Lockheed Martin Corp., 684 F. Supp. 2d 564 (M.D. Penn. 2010).
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