§11004 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Owners or operators must immediately tell local emergency planners and the State emergency response commission when an extremely hazardous substance is released from a place that makes, uses, or stores hazardous chemicals and the release requires federal Superfund (CERCLA) reporting. If the release is not covered by CERCLA reporting, they still must notify right away if it is not a federally permitted release, is larger than the amount the EPA Administrator has set, and happens in a way that would trigger CERCLA reporting. For substances not on the special list, the same rules apply if a CERCLA reportable quantity exists. If no reportable quantity was set, releases of one pound or more had special rules before and after April 30, 1988. Releases that only expose people inside the site do not need to be reported. The notice must be given immediately by phone, radio, or in person (for transport-related releases, calling 911 or the operator meets the rule). The owner must say the chemical name, whether it’s on the listed substances, how much was released, when and how long it happened, where the release went (air, water, soil), any known or expected health risks and medical advice, safety steps to take (like evacuation), and a contact name and phone number. A written follow-up must be sent as soon as possible with updates, actions taken, and health advice. The State emergency response commission must quickly pass the initial and follow-up notices to the State agency that enforces the Safe Drinking Water Act, and that agency must forward them to any community water system whose source waters are affected. If the State has no such agency, the commission sends the notices directly to those water systems. Definitions — community water system: a public water supplier as defined in the Safe Drinking Water Act. Applicable State agency: the State agency that enforces the Safe Drinking Water Act.

Title 42, §11004

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)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)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 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)].

(3)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 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)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)(1)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)Notice 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)As 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)The exemption provided in section 11047 of this title (relating to transportation) does not apply to this section.

(e)(1)A 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)(A)An 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)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)In this subsection:

(A)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)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.

Notes & Related Subsidiaries

Editorial Notes

References 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).

§11004 Emergency notification

Summary

Title 42, §11004

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Citations & Metadata