Section 14 CERCLA

• Library: Environmental Law 2002 Supp Replacement chs

Under CERCLA § 103(a), 42 U.S.C. § 9603(a), a person responsible for a “release” of hazardous substances from a “facility” in an amount exceeding the designated reportable quantity for that substance in a 24-hour period must immediately report the release to the National Response Center as soon as that person obtains knowledge of the release. 40 C.F.R. § 302.6. The term “hazardous substance” encompasses nearly every substance regulated under environmental statutes, including the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901, et seq., the Clean Water Act, 33 U.S.C. §§ 1251, et seq., the Clean Air Act, 42 U.S.C. §§ 7401, et seq., and the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq. 42 U.S.C. § 9601(14). One major exception to the hazardous substance definition is petroleum. Id. A list of CERCLA hazardous substances and their corresponding reportable quantities is found at 40 C.F.R. § 302.4. Ammonia and hydrogen sulfide, two substances associated with animal waste, are CERCLA hazardous substances, each with a reportable quantity of 100 pounds in a 24-hour period. Id. Emissions of a hazardous substance that are continuous and stable in...