---
kind: "section"
citation: "42 U.S.C. § 9658"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9658"
heading: "Actions under State law for damages from exposure to hazardous substances"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9658"
units:
  - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability"
  - "Subchapter III — Miscellaneous Provisions"
---

# §9658. Actions under State law for damages from exposure to hazardous substances

- (a) **State statutes of limitations for hazardous substance cases—**
  - (1) **Exception to State statutes—** In the case of any action brought under [State](/usc/42/9601.md?p=27) law for personal injury, or property [damages](/usc/42/9601.md?p=6), which are caused or contributed to by exposure to any [hazardous substance](/usc/42/9601.md?p=14), or [pollutant or contaminant](/usc/42/9601.md?p=33), released into the [environment](/usc/42/9601.md?p=8) from a [facility](/usc/42/9601.md?p=9), if the applicable limitations period for such action (as specified in the [State](/usc/42/9601.md?p=27) statute of limitations or under common law) provides a commencement date which is earlier than the federally required commencement date, such period shall commence at the federally required commencement date in lieu of the date specified in such [State](/usc/42/9601.md?p=27) statute.
  - (2) **State law generally applicable—** Except as provided in [paragraph (1)](#a-1), the statute of limitations established under [State](/usc/42/9601.md?p=27) law shall apply in all actions brought under [State](/usc/42/9601.md?p=27) law for personal injury, or property [damages](/usc/42/9601.md?p=6), which are caused or contributed to by exposure to any [hazardous substance](/usc/42/9601.md?p=14), or [pollutant or contaminant](/usc/42/9601.md?p=33), released into the [environment](/usc/42/9601.md?p=8) from a [facility](/usc/42/9601.md?p=9).
  - (3) **Actions under section 9607—** Nothing in this section shall apply with respect to any cause of action brought under [section 9607 of this title](/usc/42/9607.md).
- (b) **Definitions—** As used in this section—
  - (1) **Subchapter I terms—** The terms used in this section shall have the same meaning as when used in subchapter I of this chapter.
  - (2) **Applicable limitations period—** The term “applicable limitations period” means the period specified in a statute of limitations during which a civil action referred to in [subsection (a)(1)](#a-1) may be brought.
  - (3) **Commencement date—** The term “commencement date” means the date specified in a statute of limitations as the beginning of the applicable limitations period.
  - (4) **Federally required commencement date—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#b-4-B), the term “federally required commencement date” means the date the plaintiff knew (or reasonably should have known) that the personal injury or property [damages](/usc/42/9601.md?p=6) referred to in [subsection (a)(1)](#a-1) were caused or contributed to by the [hazardous substance](/usc/42/9601.md?p=14) or [pollutant or contaminant](/usc/42/9601.md?p=33) concerned.
    - (B) **Special rules—** In the case of a minor or incompetent plaintiff, the term “federally required commencement date” means the later of the date referred to in [subparagraph (A)](#b-4-A) or the following:
      - (i) In the case of a minor, the date on which the minor reaches the age of majority, as determined by [State](/usc/42/9601.md?p=27) law, or has a legal representative appointed.
      - (ii) In the case of an incompetent individual, the date on which such individual becomes competent or has had a legal representative appointed.

## Source credit

(Pub. L. 96–510, title III, § 309, as added Pub. L. 99–499, title II, § 203(a), Oct. 17, 1986, 100 Stat. 1695.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 99–499, title II, § 203(b), Oct. 17, 1986, 100 Stat. 1696, provided that: “The amendment made by subsection (a) of this section [enacting this section] shall take effect with respect to actions brought after December 11, 1980.”