42 U.S.C. § 9602 — Designation of additional hazardous substances and establishment of reportable released quantities; regulations
submitted 46 years ago by Pub. L. 96-510 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 299 words · no verdicts yet
The Administrator must designate additional hazardous substances and set the amounts whose release must be reported. Until those amounts are replaced by regulation, specified default amounts apply.
(a) Designations and reportable amounts. The Administrator* must issue and revise regulations as appropriate to designate, in addition to the substances listed in section 9601(14), elements, compounds, mixtures, solutions, and substances that may present a substantial danger to public health or welfare or the environment* when released. The Administrator must also issue regulations setting the amount of each hazardous substance* whose release* must be reported under section 9603. The Administrator may set one reportable amount for a substance regardless of the medium into which it is released. For hazardous substances whose proposed reportable-amount regulations were published in the Federal Register by March 1, 1986, final regulations had to be issued by December 31, 1986. For substances whose proposed regulations had not been published by that date, proposed regulations had to be published by December 31, 1986, and final regulations had to be issued by April 30, 1988.
(b) Temporary default amounts. Until regulations under subsection (a) replace them for a hazardous substance defined in section 9601(14), the reportable amount is (1) 1 pound, or (2) for a substance whose reportable amount was set under section 1321(b)(4) of title 33, that other reportable amount. A release at or above the applicable amount requires notice under section 9603(a) or (b).
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.”
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.
Source credit: (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.)
- 1980Enacted · Pub. L. 96-510 · 94 Stat. 2772
- 1986Amended · Pub. L. 99-499 · 100 Stat. 1617
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-510 on 1980-12-11.
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