42 U.S.C. § 11004 — Emergency notification

(a) Types of releases. (1) If an extremely hazardous substance^* referred to in section 11002(a) is released from a facility^* where a hazardous chemical^* is produced, used, or stored, and CERCLA section 103(a) requires notice, the owner^* or operator must immediately give the notice described in subsection (b). (2) If CERCLA section 103(a) does not require notice, the owner or operator must still immediately give subsection (b) notice if the release^* is not federally permitted, is greater than the amount the Administrator^* has set by regulation as requiring notice, and happens in a way that would require CERCLA section 103(a) notice. Until a regulation sets an amount for the substance, a release of 1 pound is treated as requiring notice. (3) If a substance not on the section 11002(a) list is released from a facility where a hazardous chemical is produced, used, or stored, and CERCLA section 103(a) requires notice, the owner or operator must give notice as follows: (A) If CERCLA section 102(a) has established a reportable quantity for the substance, the owner or operator must give the notice described in subsection (b). (B) If CERCLA section 102(a) has not established a reportable quantity for the substance: (i) Until April 30, 1988, for a release of 1 pound or more, the owner or operator must give the community emergency coordinator for the local emergency planning committee the same notice given to the National Response Center under CERCLA section 103(a), at the same time and in the same form. (ii) On and after April 30, 1988, for a release of 1 pound or more, the owner or operator must give the notice described in subsection (b). (4) This section does not apply to a release that exposes people only within the site or sites where the facility is located. (b) Notification. (1) Recipients of notice. Immediately after the release, the owner or operator must give the notice required under subsection (a), by telephone, radio, in person^*, or similar means, to the community emergency coordinator for the local emergency planning committees, if established under section 11001(c), for each area likely to be affected and to the State^* emergency response commission of each State likely to be affected. For transportation of a substance covered by this section, or storage connected with that transportation, dialing 911 satisfies the notice requirement. If there is no 911 emergency number, calling the operator satisfies it. (2) Contents. To the extent known when the notice is given, and as long as this does not delay the emergency response, the notice must include: (A) the chemical name or identity of each substance involved; (B) whether the substance is on the section 11002(a) list; (C) an estimate of the amount released into the environment^*; (D) the time and duration of the release; (E) the environmental medium or media into which it was released; (F) known or expected immediate or long-term health risks and, when appropriate, advice about medical attention for exposed people; (G) proper precautions, including evacuation, unless the community emergency coordinator already has that information under the emergency plan; and (H) the name and telephone number of a person or people who can provide more information. (c) Follow-up emergency notice. As soon as practicable after a release requiring notice under subsection (a), the owner or operator must provide a written follow-up notice, or additional written notices as more information becomes available. The notice must give and update the information required by subsection (b), and must also state: (1) actions taken to respond to and contain the release; (2) known or expected immediate or long-term health risks; and (3) when appropriate, advice about medical attention for exposed people. (d) Transportation exemption not applicable. The transportation exemption in section 11047 does not apply to this section. (e) Addressing source water used for drinking water. (1) Applicable State agency notification. A State emergency response commission must: (A) promptly notify the applicable State agency of every release requiring notice under subsection (a); (B) give that agency the information listed in subsection (b)(2); and (C) give that agency a written follow-up emergency notice under subsection (c). (2) Community water system notification. (A) In general. An applicable State agency receiving notice under paragraph (1) must: (i) promptly forward the notice to every community water system whose source waters are affected by the release; (ii) forward the information provided under paragraph (1)(B); and (iii) forward the written follow-up notice provided under paragraph (1)(C). (B) Direct notification. If a State has no applicable State agency, its State emergency response commission must directly provide the notices and information described in paragraph (1) to every community water system whose source waters are affected by a release requiring notice under subsection (a). (3) Definitions. (A) “Community water system” has the meaning given in section 1401(15) of the Safe Drinking Water Act; this section does not define the term. (B) “Applicable State agency” means the State agency with primary responsibility for enforcing the Safe Drinking Water Act in the State.