US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 9603

Notification requirements respecting released substances

(a)

Notice to National Response Center upon release from vessel or offshore or onshore facility by person in charge; conveyance of notice by Center

section 9602 of this title33 U.S.C. 1251Any person in charge of a vessel or an offshore or an onshore facility shall, as soon as he has 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 pursuant to , immediately notify the National Response Center established under the Clean Water Act [ et seq.] of such release. The National Response Center shall convey the notification expeditiously to all appropriate Government agencies, including the Governor of any affected State.

(b)

Penalties for failure to notify; use of notice or information pursuant to notice in criminal case

Any person—
(1)
in charge of a vessel from which a hazardous substance is released, other than a federally permitted release, into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or
(2)
16 U.S.C. 1801 in charge of a vessel from which a hazardous substance is released, other than a federally permitted release, which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson-Stevens Fishery Conservation and Management Act [ et seq.]), and who is otherwise subject to the jurisdiction of the United States at the time of the release, or
(3)
in charge of a facility from which a hazardous substance is released, other than a federally permitted release,
section 9602 of this titlein a quantity equal to or greater than that determined pursuant to who fails to notify immediately the appropriate agency of the United States Government as soon as he has knowledge of such release or who submits in such a notification any information which he knows to be false or misleading shall, upon conviction, be fined in accordance with the applicable provisions of title 18 or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both. Notification received pursuant to this subsection or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement.
(c)

Notice to Administrator of EPA of existence of storage, etc., facility by owner or operator; exception; time, manner, and form of notice; penalties for failure to notify; use of notice or information pursuant to notice in criminal case

section 9601(14)(C) of this title42 U.S.C. 6921section 9607 of this titleProvided, howeverWithin one hundred and eighty days after , any person who owns or operates or who at the time of disposal owned or operated, or who accepted hazardous substances for transport and selected, a facility at which hazardous substances (as defined in ) are or have been stored, treated, or disposed of shall, unless such facility has a permit issued under, or has been accorded interim status under, subtitle C of the Solid Waste Disposal Act [ et seq.], notify the Administrator of the Environmental Protection Agency of the existence of such facility, specifying the amount and type of any hazardous substance to be found there, and any known, suspected, or likely releases of such substances from such facility. The Administrator may prescribe in greater detail the manner and form of the notice and the information included. The Administrator shall notify the affected State agency, or any department designated by the Governor to receive such notice, of the existence of such facility. Any person who knowingly fails to notify the Administrator of the existence of any such facility shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both. In addition, any such person who knowingly fails to provide the notice required by this subsection shall not be entitled to any limitation of liability or to any defenses to liability set out in : , That notification under this subsection is not required for any facility which would be reportable hereunder solely as a result of any stoppage in transit which is temporary, incidental to the transportation movement, or at the ordinary operating convenience of a common or contract carrier, and such stoppage shall be considered as a continuity of movement and not as the storage of a hazardous substance. Notification received pursuant to this subsection or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement.

(d)

Recordkeeping requirements; promulgation of rules and regulations by Administrator of EPA; penalties for violations; waiver of retention requirements

(1)
The Administrator of the Environmental Protection Agency is authorized to promulgate rules and regulations specifying, with respect to—
(A)
the location, title, or condition of a facility, and
(B)
the identity, characteristics, quantity, origin, or condition (including containerization and previous treatment) of any hazardous substances contained or deposited in a facility;
the records which shall be retained by any person required to provide the notification of a facility set out in subsection (c) of this section. Such specification shall be in accordance with the provisions of this subsection.
(2)
Beginning with , for fifty years thereafter or for fifty years after the date of establishment of a record (whichever is later), or at any such earlier time as a waiver if obtained under paragraph (3) of this subsection, it shall be unlawful for any such person knowingly to destroy, mutilate, erase, dispose of, conceal, or otherwise render unavailable or unreadable or falsify any records identified in paragraph (1) of this subsection. Any person who violates this paragraph shall, upon conviction, be fined in accordance with the applicable provisions of title 18 or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both.
(3)
At any time prior to the date which occurs fifty years after , any person identified under paragraph (1) of this subsection may apply to the Administrator of the Environmental Protection Agency for a waiver of the provisions of the first sentence of paragraph (2) of this subsection. The Administrator is authorized to grant such waiver if, in his discretion, such waiver would not unreasonably interfere with the attainment of the purposes and provisions of this chapter. The Administrator shall promulgate rules and regulations regarding such a waiver so as to inform parties of the proper application procedure and conditions for approval of such a waiver.
(4)
Notwithstanding the provisions of this subsection, the Administrator of the Environmental Protection Agency may in his discretion require any such person to retain any record identified pursuant to paragraph (1) of this subsection for such a time period in excess of the period specified in paragraph (2) of this subsection as the Administrator determines to be necessary to protect the public health or welfare.
(e)

Applicability to registered pesticide products and air emissions from animal waste at farms

(1)

In general

This section shall not apply to—
(A)
7 U.S.C. 136 the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act ( et seq.) or the handling and storage of such a pesticide product by an agricultural producer; or
(B)
air emissions from animal waste (including decomposing animal waste) at a farm.
(2)

Definitions

In this subsection:
(A)

Animal waste

(i)

In general

The term “animal waste” means feces, urine, or other excrement, digestive emission, urea, or similar substances emitted by animals (including any form of livestock, poultry, or fish).

(ii)

Inclusions

The term “animal waste” includes animal waste that is mixed or commingled with bedding, compost, feed, soil, or any other material typically found with such waste.

(B)

Farm

The term “farm” means a site or area (including associated structures) that—
(i)
is used for—
(I)
the production of a crop; or
(II)
the raising or selling of animals (including any form of livestock, poultry, or fish); and
(ii)
under normal conditions, produces during a farm year any agricultural products with a total value equal to not less than $1,000.
(f)

Exemptions from notice and penalty provisions for substances reported under other Federal law or is in continuous release, etc.

No notification shall be required under subsection (a) or (b) of this section for any release of a hazardous substance—
(1)
42 U.S.C. 6921 which is required to be reported (or specifically exempted from a requirement for reporting) under subtitle C of the Solid Waste Disposal Act [ et seq.] or regulations thereunder and which has been reported to the National Response Center, or
(2)
which is a continuous release, stable in quantity and rate, and is—
(A)
from a facility for which notification has been given under subsection (c) of this section, or
(B)
a release of which notification has been given under subsections (a) and (b) of this section for a period sufficient to establish the continuity, quantity, and regularity of such release:
Provided, That notification in accordance with subsections (a) and (b) of this paragraph shall be given for releases subject to this paragraph annually, or at such time as there is any statistically significant increase in the quantity of any hazardous substance or constituent thereof released, above that previously reported or occurring.

Pub. L. 96–510, title I, § 10394 Stat. 2772Pub. L. 96–561, title II, § 238(b)94 Stat. 3300Pub. L. 99–499, title I100 Stat. 1617Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)]110 Stat. 3009Pub. L. 115–141, div. S, title XI, § 1102132 Stat. 1147(, , ; , , ; , §§ 103, 109(a)(1), (2), , , 1632, 1633; , , , 3009–41; , , .)

Editorial Notes

References in Text

act June 30, 1948, ch. 758Pub. L. 92–500, § 286 Stat. 816section 1251 of Title 33The Clean Water Act, referred to in subsec. (a), is , as amended generally by , , , also known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 94–26590 Stat. 331section 1801 of Title 16The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(2), is , , , which is classified principally to chapter 38 (§ 1801 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 89–27279 Stat. 997Pub. L. 94–580, § 290 Stat. 2795section 6901 of this titleThe Solid Waste Disposal Act, referred to in subsecs. (c) and (f)(1), is title II of , , , as amended generally by , , . Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 96–51094 Stat. 2767section 9601 of this titleThis chapter, referred to in subsec. (d)(3), was in the original “this Act”, meaning , , , known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 25, 1947, ch. 125Pub. L. 92–51686 Stat. 973section 136 of Title 7The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (e)(1)(A), is , as amended generally by , , , which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 115–1412018—Subsec. (e). added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “This section shall not apply to the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act or to the handling and storage of such a pesticide product by an agricultural producer.”

Pub. L. 104–2081996—Subsec. (b)(2). substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

Pub. L. 99–4991986—Subsec. (b). , §§ 103, 109(a), adjusted left hand margin of text following “federally permitted release,” third place appearing so that there is no indentation of that text, inserted “or who submits in such a notification any information which he knows to be false or misleading”, and substituted “in accordance with the applicable provisions of title 18 or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both” for “not more than $10,000 or imprisoned for not more than one year, or both” and “subsection” for “paragraph”.

Pub. L. 99–499, § 109(a)(2)Subsec. (d)(2). , substituted “in accordance with the applicable provisions of title 18 or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both” for “not more than $20,000, or imprisoned for not more than one year, or both” as the probable intent of Congress, notwithstanding directory language that the substitution be made for “not more than $20,000, or imprisoned for not more than one year or both”.

Pub. L. 96–5611980—Subsec. (b)(2). substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)]110 Stat. 3009, , , 3009–41, provided that the amendment made by that section is effective 15 days after .

Effective Date of 1980 Amendment

Pub. L. 96–561, title II, § 238(b)94 Stat. 3300, , , provided that the amendment made by that section is effective 15 days after .

Application

Pub. L. 115–141, div. S, title XI, § 1103132 Stat. 1148

section 9601 of this title42 U.S.C. 960142 U.S.C. 9603“Nothing in this title [see Short Title of 2018 Amendment note set out under ] or an amendment made by this title affects, or supersedes or modifies the responsibility or authority of any Federal official or employee to comply with or enforce, any requirement under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( et seq.), other than the hazardous substance notification requirements under section 103 of that Act () with respect to air emissions from animal waste at farms.”
, , , provided that:

Online Incident Reporting System

Pub. L. 119–60, div. G, title LXXIV, § 7404139 Stat. 1784

“(a)

In General .—

Not later than 18 months after the date of enactment of this Act [], the National Response Center shall submit to Congress a plan to design, fund, and staff the National Response Center to develop and maintain a web-based application by which the National Response Center may receive notifications of oil discharges or releases of hazardous substances.
“(b)

Development of Application .—

Not later than 2 years after the date on which the plan is submitted under subsection (a), the National Response Center shall—
“(1)
complete development of the application described in such subsection; and
“(2)
allow notifications described in such subsection that are required under Federal law or regulation to be made online using such application.
“(c)

Use of Application .—

In carrying out subsection (b), the National Response Center may not require the notification of an oil discharge or release of a hazardous substance to be made using the application developed under such subsection.”
, , , provided that:

Executive Documents

Contiguous Zone of United States

section 1331 of Title 43For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under , Public Lands.