SECTION 1. EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW.
Section 304 of the Emergency Planning and Commu-
nity Right-to-Know Act of 1986 (42 U.S.C. 1104) is
amended as follows:
(1) By striking ‘‘immediately’’ after ‘‘operator
of the facility shall’’ in subsection (a)(1) and insert-
ing ‘‘, within 1 hour of having knowledge that such
release had occurred,’’.
(2) By striking ‘‘immediately’’ after ‘‘operator
of the facility shall’’ in subsection (a)(2) and insert-
ing ‘‘, within 1 hour of having knowledge that such
release had occurred,’’.
(3) By inserting in subsection (a)(3) in the
matter preceding subparagraph (A), ‘‘, within 1 hour
of having knowledge that such release had oc-
curred,’’ after ‘‘the owner or operator shall’’.
(4) By amending subsection (b)(1) to read as
follows:
‘‘(1) RECIPIENTS OF NOTICE.—Notice required
under subsection (a) shall be given, within 1 hour of
having knowledge that the release had occurred, by
the owner or operator of a facility (by such means
as telephone, radio, or in person) to—
‘‘(A) the community emergency coordinator
for the local emergency planning committees, if
established pursuant to section 301(c) of this
title, for any area likely to be affected by the
release and to the State emergency planning
commission of any State likely to be affected by
the release; or
‘‘(B) a State agency authorized by State
law to receive such notification.
If an authorized State agency is notified by an
owner or operator of the facility, the State agency
shall provide notice to the State emergency response
commission within 2 hours of receiving notification.
Notice may be given later than 1 hour after knowl-
edge of a leak or spill if the owner or operator of
the facility, acting in good faith, is unable to provide
notification because of unusual, extenuating cir-
cumstances, including remote location, power out-
ages, incapacity of owner or operator, and disruption
of telephone service. 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.’’.
SEC. 2. COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980.
Section 103 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9603) is amended as follows:
(1) By striking ‘‘Any person in charge of a ves-
sel’’ in subsection (a) and all that follows through
the end of the subsection and inserting the following:
‘‘Any person in charge of a vessel or an offshore or an
onshore facility shall, within 1 hour of having knowledge
of any release (other than a federally permitted release)
of a hazardous substance from such vessel or facility in
quantities equal to or greater than those determined pur-
suant to section 9602 of this title, notify—
‘‘(1) the National Response Center established
under the Clean Water Act (33 U.S.C. 1251 et
seq.);
‘‘(2) the State emergency response commission
established under the Emergency Planning and
Community Right-to-Know Act (42 U.S.C. 11001 et
seq.); or
‘‘(3) a State agency authorized by State law to
receive notification of such release.
If the National Response Center is notified directly, the
Center shall convey the notification within 2 hours to all
appropriate Government agencies, including the Governor
of any affected State. If the State emergency response
commission receives notification of such release from a
State agency or from the person in charge of a vessel or
an offshore or an onshore facility, the commission shall
convey notification within 2 hours to the National Re-
sponse Center. If an authorized State agency receives noti-
fication of such release from a person in charge of a vessel
or an offshore or an onshore facility, the State agency
shall convey notification within 2 hours to the National
Response Center and the State emergency response com-
mission. Notice may be given later than 1 hour after
knowledge of a leak or spill if the person, acting in good
faith, is unable to provide notification because of unusual,
extenuating circumstances, including location, power out-
ages, incapacity of person having knowledge, and disrup-
tion of telephone service.’’.
(2) In subsection (b), by striking ‘‘immediately
the appropriate agency’’ and all that follows through
‘‘knowledge of such release’’ and inserting ‘‘, within
1 hour of having knowledge that such release had
occurred, the National Response Center, the State
emergency response commission, or the appropriate
State agency as designated by State law’’.
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