Section 14 CERCLA

• Library: Farm Law 2006

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 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 nature may qualify for reduced...