42 U.S.C. § 9602
Section 9602 · Designation of additional hazardous substances and establishment of reportable released quantities; regulations
This is § 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
Amended 2 times on record
Applied in 79 court decisions — leading case New York v. Shore Realty Corp. (1985)
Most recently applied in Banfield Realty LLC, Plaintiff v. William E. Copeland; Jack Copeland; Joseph P. Copeland; Roeseland Holdings 5, LLC; James W. Copeland; Country Motor Sales; Mountjoy & Carlisle, LLC d/b/a Olde Port Properties; George M. Carlisle; Jeffrey Mountjoy; Wayne Semprini; City of Portsmouth, New Hampshire; and Portsmouth Housing Authority, Defendants (October 2023)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment and consequential amendments — watch for a citation surge after a change. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) The Administrator shall promulgate and revise as may be appropriate, regulations designating as hazardous substances, in addition to those referred to in section 9601(14) of this title, such elements, compounds, mixtures, solutions, and substances which, when released into the environment may present substantial danger to the public health or welfare or the environment, and shall promulgate regulations establishing that quantity of any hazardous substance the release of which shall be reported pursuant to section 9603 of this title. The Administrator may determine that one single quantity shall be the reportable quantity for any hazardous substance, regardless of the medium into which the hazardous substance is released. For all hazardous substances for which proposed regulations establishing reportable quantities were published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall promulgate under this subsection final regulations establishing reportable quantities not later than December 31, 1986. For all hazardous substances for which proposed regulations establishing reportable quantities were not published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall publish under this subsection proposed regulations establishing reportable quantities not later than December 31, 1986, and promulgate final regulations under this subsection establishing reportable quantities not later than April 30, 1988.”
(b) Unless and until superseded by regulations establishing a reportable quantity under subsection (a) of this section for any hazardous substance as defined in section 9601(14) of this title, (1) a quantity of one pound, or (2) for those hazardous substances for which reportable quantities have been established pursuant to section 1321(b)(4) of title 33, such reportable quantity, shall be deemed that quantity, the release of which requires notification pursuant to section 9603(a) or (b) of this title.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1986—Subsec. (a). Pub. L. 99–499 inserted provisions setting deadlines for promulgation of proposed and final regulations.