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

Summary

Facility owners or operators must immediately tell local and state emergency officials when certain dangerous chemicals escape from a place where they are made, used, or stored. If the chemical is on the special hazardous list and the leak triggers the federal CERCLA 103(a) reporting rule, immediate notice is required. If it is on the list but not covered by CERCLA 103(a), owners must still report right away if the release is not a federally permitted release, is larger than the amount the EPA Administrator has set, and happens in a way CERCLA 103(a) would normally cover. For substances not on the list, owners must report when CERCLA 103(a) applies; if no federal reportable amount exists, releases of one pound or more required special rules—before April 30, 1988, a simultaneous notice to the local emergency coordinator was required; on or after April 30, 1988, the immediate notice rules apply. Releases that only expose people inside the facility are excluded. For spills during transport or related storage, calling 911 (or the operator if no 911) meets the immediate notice rule. The initial notice must include known facts such as the chemical identity, whether it is on the list, how much leaked, when and where it happened, health risks and precautions, and a contact name and phone number. After the first call, the owner must quickly send written updates with the same details plus what was done to contain the release and any health or medical advice. The State emergency response commission must pass the information to the state agency that enforces the Safe Drinking Water Act and to affected community water systems. Definitions: community water system — a public water supplier under 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