[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2440 Introduced in House (IH)]







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 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW.

    Section 304 of the Emergency Planning and Community 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 inserting ``, 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 inserting ``, 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 occurred,'' 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 knowledge 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 circumstances, 
        including remote location, power outages, 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 Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended as 
follows:
            (1) By striking ``Any person in charge of a vessel'' 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 pursuant 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 Response Center. If an 
authorized State agency receives notification 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 commission. 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 
outages, incapacity of person having knowledge, and disruption 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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