---
kind: "section"
citation: "42 U.S.C. § 11004"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11004"
heading: "Emergency notification"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11004"
units:
  - "Chapter 116 — Emergency Planning and Community Right-To-Know"
  - "Subchapter I — Emergency Planning and Notification"
---

# §11004. Emergency notification

- (a) **Types of releases—**
  - (1) **11002(a) substance which requires CERCLA notice—** If a [release](/usc/42/11049.md?p=8) of an [extremely hazardous substance](/usc/42/11049.md?p=3) referred to in [section 11002(a) of this title](/usc/42/11002.md?p=a) occurs from a [facility](/usc/42/11049.md?p=4) at which a [hazardous chemical](/usc/42/11049.md?p=5) is produced, used, or stored, and such [release](/usc/42/11049.md?p=8) requires a notification under section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [[42 U.S.C. 9603(a)](/usc/42/9603.md?p=a)] (hereafter in this section referred to as “CERCLA”) ([42 U.S.C. 9601](/usc/42/9601.md) et seq.), the [owner](/usc/42/13641.md?p=4) or operator of the [facility](/usc/42/11049.md?p=4) shall immediately provide notice as described in [subsection (b)](#b).
  - (2) **Other 11002(a) substance—** If a [release](/usc/42/11049.md?p=8) of an [extremely hazardous substance](/usc/42/11049.md?p=3) referred to in [section 11002(a) of this title](/usc/42/11002.md?p=a) occurs from a [facility](/usc/42/11049.md?p=4) at which a [hazardous chemical](/usc/42/11049.md?p=5) is produced, used, or stored, and such [release](/usc/42/11049.md?p=8) is not subject to the notification requirements under section 103(a) of CERCLA [[42 U.S.C. 9603(a)](/usc/42/9603.md?p=a)], the [owner](/usc/42/13641.md?p=4) or operator of the [facility](/usc/42/11049.md?p=4) shall immediately provide notice as described in [subsection (b)](#b), but only if the [release](/usc/42/11049.md?p=8)—
    - (A) is not a federally permitted [release](/usc/42/11049.md?p=8) as defined in section 101(10) of CERCLA [[42 U.S.C. 9601(10)](/usc/42/9601.md?p=10)],
    - (B) is in an amount in excess of a quantity which the [Administrator](/usc/42/11049.md?p=1) has determined (by regulation) requires notice, and
    - (C) occurs in a manner which would require notification under section 103(a) of CERCLA [[42 U.S.C. 9603(a)](/usc/42/9603.md?p=a)].

    Unless and until superseded by regulations establishing a quantity for an [extremely hazardous substance](/usc/42/11049.md?p=3) described in this paragraph, a quantity of 1 pound shall be deemed that quantity the [release](/usc/42/11049.md?p=8) of which requires notice as described in [subsection (b)](#b).

  - (3) **Non-11002(a) substance which requires CERCLA notice—** If a [release](/usc/42/11049.md?p=8) of a substance which is not on the list referred to in [section 11002(a) of this title](/usc/42/11002.md?p=a) occurs at a [facility](/usc/42/11049.md?p=4) at which a [hazardous chemical](/usc/42/11049.md?p=5) is produced, used, or stored, and such [release](/usc/42/11049.md?p=8) requires notification under section 103(a) of CERCLA [[42 U.S.C. 9603(a)](/usc/42/9603.md?p=a)], the [owner](/usc/42/13641.md?p=4) or operator shall provide notice as follows:
    - (A) If the substance is one for which a reportable quantity has been established under section 102(a) of CERCLA [[42 U.S.C. 9602(a)](/usc/42/9602.md?p=a)], the [owner](/usc/42/13641.md?p=4) or operator shall provide notice as described in [subsection (b)](#b).
    - (B) If the substance is one for which a reportable quantity has not been established under section 102(a) of CERCLA [[42 U.S.C. 9602(a)](/usc/42/9602.md?p=a)]—
      - (i) Until April 30, 1988, the [owner](/usc/42/13641.md?p=4) or operator shall provide, for [releases](/usc/42/11049.md?p=8) of one pound or more of the substance, the same notice to the community emergency coordinator for the local emergency planning committee, at the same time and in the same form, as notice is provided to the National Response Center under section 103(a) of CERCLA [[42 U.S.C. 9603(a)](/usc/42/9603.md?p=a)].
      - (ii) On and after April 30, 1988, the [owner](/usc/42/13641.md?p=4) or operator shall provide, for [releases](/usc/42/11049.md?p=8) of one pound or more of the substance, the notice as described in [subsection (b)](#b).
  - (4) **Exempted releases—** This section does not apply to any [release](/usc/42/11049.md?p=8) which results in exposure to [persons](/usc/42/11049.md?p=7) solely within the site or sites on which a [facility](/usc/42/11049.md?p=4) is located.
- (b) **Notification—**
  - (1) **Recipients of notice—** Notice required under [subsection (a)](#a) shall be given immediately after the [release](/usc/42/11049.md?p=8) by the [owner](/usc/42/13641.md?p=4) or operator of a [facility](/usc/42/11049.md?p=4) (by such means as telephone, radio, or in [person](/usc/42/11049.md?p=7)) to the community emergency coordinator for the local emergency planning committees, if established pursuant to [section 11001(c) of this title](/usc/42/11001.md?p=c), for any area likely to be affected by the [release](/usc/42/11049.md?p=8) and to the [State](/usc/42/11049.md?p=9) emergency response commission of any [State](/usc/42/11049.md?p=9) likely to be affected by the [release](/usc/42/11049.md?p=8). 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](/usc/42/11049.md?p=8) shall be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator.
  - (2) **Contents—** Notice required under [subsection (a)](#a) shall include each of the following (to the extent known at the time of the notice and so long as no delay in responding to the emergency results):
    - (A) The chemical name or identity of any substance involved in the [release](/usc/42/11049.md?p=8).
    - (B) An indication of whether the substance is on the list referred to in [section 11002(a) of this title](/usc/42/11002.md?p=a).
    - (C) An estimate of the quantity of any such substance that was released into the [environment](/usc/42/11049.md?p=2).
    - (D) The time and duration of the [release](/usc/42/11049.md?p=8).
    - (E) The medium or media into which the [release](/usc/42/11049.md?p=8) occurred.
    - (F) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.
    - (G) Proper precautions to take as a result of the [release](/usc/42/11049.md?p=8), including evacuation (unless such information is readily available to the community emergency coordinator pursuant to the emergency plan).
    - (H) The name and telephone number of the [person](/usc/42/11049.md?p=7) or [persons](/usc/42/11049.md?p=7) to be contacted for further information.
- (c) **Followup emergency notice—** As soon as practicable after a [release](/usc/42/11049.md?p=8) which requires notice under [subsection (a)](#a), such [owner](/usc/42/13641.md?p=4) or operator shall provide a written followup emergency notice (or notices, as more information becomes available) setting forth and updating the information required under [subsection (b)](#b), and including additional information with respect to—
  - (1) actions taken to respond to and contain the [release](/usc/42/11049.md?p=8),
  - (2) any known or anticipated acute or chronic health risks associated with the [release](/usc/42/11049.md?p=8), and
  - (3) where appropriate, advice regarding medical attention necessary for exposed individuals.
- (d) **Transportation exemption not applicable—** The exemption provided in [section 11047 of this title](/usc/42/11047.md) (relating to transportation) does not apply to this section.
- (e) **Addressing source water used for drinking water—**
  - (1) **Applicable State agency notification—** A [State](/usc/42/11049.md?p=9) emergency response commission shall—
    - (A) promptly notify the applicable [State agency](/usc/42/300s–3.md?p=12) of any [release](/usc/42/11049.md?p=8) that requires notice under [subsection (a)](#a);
    - (B) provide to the applicable [State agency](/usc/42/300s–3.md?p=12) the information identified in [subsection (b)(2)](#b-2); and
    - (C) provide to the applicable [State agency](/usc/42/300s–3.md?p=12) a written followup emergency notice in accordance with [subsection (c)](#c).
  - (2) **Community water system notification—**
    - (A) **In general—** An applicable [State agency](/usc/42/300s–3.md?p=12) receiving notice of a [release](/usc/42/11049.md?p=8) under [paragraph (1)](#e-1) shall—
      - (i) promptly forward such notice to any community water system the source waters of which are affected by the [release](/usc/42/11049.md?p=8);
      - (ii) forward to the community water system the information provided under [paragraph (1)(B)](#e-1-B); and
      - (iii) forward to the community water system the written followup emergency notice provided under [paragraph (1)(C)](#e-1-C).
    - (B) **Direct notification—** In the case of a [State](/usc/42/11049.md?p=9) that does not have an applicable [State agency](/usc/42/300s–3.md?p=12), the [State](/usc/42/11049.md?p=9) emergency response commission shall provide the notices and information described in [paragraph (1)](#e-1) directly to any community water system the source waters of which are affected by a [release](/usc/42/11049.md?p=8) that requires notice under [subsection (a)](#a).
  - (3) **Definitions—** In this subsection:
    - (A) **Community water system—** The term “community water system” has the meaning given such term in section 1401(15) of the Safe Drinking Water Act [[42 U.S.C. 300f(15)](/usc/42/300f.md?p=15)].
    - (B) **Applicable State agency—** The term “applicable [State agency](/usc/42/300s–3.md?p=12)” means the [State agency](/usc/42/300s–3.md?p=12) that has primary responsibility to enforce the requirements of the Safe Drinking Water Act in the [State](/usc/42/11049.md?p=9).

## Source credit

(Pub. L. 99–499, title III, § 304, Oct. 17, 1986, 100 Stat. 1733; Pub. L. 115–270, title II, § 2018(a), Oct. 23, 2018, 132 Stat. 3857.)

## Notes

### Editorial Notes

### References in Text

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and CERCLA, referred to in subsec. (a)(1), (3), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

The Safe Drinking Water Act, referred to in subsec. (e)(3)(B), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

### Amendments

2018—Subsec. (b)(1). Pub. L. 115–270, § 2018(a)(1), substituted “State emergency response commission” for “State emergency planning commission”.

Subsec. (e). Pub. L. 115–270, § 2018(a)(2), added subsec. (e).