I

104TH CONGRESS

1ST SESSION H. R. 2440

To amend the Emergency Planning and Community Right-to-Know Act of

1986 and the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 to modify certain notice requirements, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1995

Mr. MINGE (for himself, Mr. PETERSON of Minnesota, Mr. HAYES, Mrs. LINCOLN, and Mr. TAUZIN) introduced the following bill; which was referred

to the Committee on Commerce, and in addition to the Committee on

Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To amend the Emergency Planning and Community Rightto-Know Act of 1986 and the Comprehensive Environmental Response, Compensation, and Liability Act of

1980 to modify certain notice requirements, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. EMERGENCY PLANNING AND COMMUNITY

2 RIGHT-TO-KNOW.

3 Section 304 of the Emergency Planning and Commu4 nity Right-to-Know Act of 1986 (42 U.S.C. 1104) is

5 amended as follows:

6 (1) By striking ‘‘immediately’’ after ‘‘operator

7 of the facility shall’’ in subsection (a)(1) and insert8 ing ‘‘, within 1 hour of having knowledge that such

9 release had occurred,’’.

10 (2) By striking ‘‘immediately’’ after ‘‘operator

11 of the facility shall’’ in subsection (a)(2) and insert12 ing ‘‘, within 1 hour of having knowledge that such

13 release had occurred,’’.

14 (3) By inserting in subsection (a)(3) in the

15 matter preceding subparagraph (A), ‘‘, within 1 hour

16 of having knowledge that such release had oc17 curred,’’ after ‘‘the owner or operator shall’’.

18 (4) By amending subsection (b)(1) to read as

19 follows:

20 ‘‘(1) RECIPIENTS OF NOTICE.—Notice required

21 under subsection (a) shall be given, within 1 hour of

22 having knowledge that the release had occurred, by

23 the owner or operator of a facility (by such means

24 as telephone, radio, or in person) to—

25 ‘‘(A) the community emergency coordinator

26 for the local emergency planning committees, if
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1 established pursuant to section 301(c) of this

2 title, for any area likely to be affected by the

3 release and to the State emergency planning

4 commission of any State likely to be affected by

5 the release; or

6 ‘‘(B) a State agency authorized by State

7 law to receive such notification.

8 If an authorized State agency is notified by an

9 owner or operator of the facility, the State agency

10 shall provide notice to the State emergency response

11 commission within 2 hours of receiving notification.

12 Notice may be given later than 1 hour after knowl13 edge of a leak or spill if the owner or operator of

14 the facility, acting in good faith, is unable to provide

15 notification because of unusual, extenuating cir16 cumstances, including remote location, power out17 ages, incapacity of owner or operator, and disruption

18 of telephone service. With respect to transportation

19 of a substance subject to the requirements of this

20 section, or storage incident to such transportation,

21 the notice requirements of this section with respect

22 to a release shall be satisfied by dialing 911 or, in

23 the absence of a 911 emergency telephone number,

24 calling the operator.’’.
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1 SEC. 2. COMPREHENSIVE ENVIRONMENTAL RESPONSE,

2 COMPENSATION, AND LIABILITY ACT OF 1980.

3 Section 103 of the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 1980 (42

5 U.S.C. 9603) is amended as follows:

6 (1) By striking ‘‘Any person in charge of a ves7 sel’’ in subsection (a) and all that follows through

8 the end of the subsection and inserting the following:

9 ‘‘Any person in charge of a vessel or an offshore or an

10 onshore facility shall, within 1 hour of having knowledge

11 of any release (other than a federally permitted release)

12 of a hazardous substance from such vessel or facility in

13 quantities equal to or greater than those determined pur14 suant to section 9602 of this title, notify—

15 ‘‘(1) the National Response Center established

16 under the Clean Water Act (33 U.S.C. 1251 et

17 seq.);

18 ‘‘(2) the State emergency response commission

19 established under the Emergency Planning and

20 Community Right-to-Know Act (42 U.S.C. 11001 et

21 seq.); or

22 ‘‘(3) a State agency authorized by State law to

23 receive notification of such release.

24 If the National Response Center is notified directly, the

25 Center shall convey the notification within 2 hours to all

26 appropriate Government agencies, including the Governor
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1 of any affected State. If the State emergency response

2 commission receives notification of such release from a

3 State agency or from the person in charge of a vessel or

4 an offshore or an onshore facility, the commission shall

5 convey notification within 2 hours to the National Re6 sponse Center. If an authorized State agency receives noti7 fication of such release from a person in charge of a vessel

8 or an offshore or an onshore facility, the State agency

9 shall convey notification within 2 hours to the National

10 Response Center and the State emergency response com11 mission. Notice may be given later than 1 hour after

12 knowledge of a leak or spill if the person, acting in good

13 faith, is unable to provide notification because of unusual,

14 extenuating circumstances, including location, power out15 ages, incapacity of person having knowledge, and disrup16 tion of telephone service.’’.

17 (2) In subsection (b), by striking ‘‘immediately

18 the appropriate agency’’ and all that follows through

19 ‘‘knowledge of such release’’ and inserting ‘‘, within

20 1 hour of having knowledge that such release had

21 occurred, the National Response Center, the State

22 emergency response commission, or the appropriate

23 State agency as designated by State law’’.

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