US (United States) Code. Title 42. Chapter 116: Emergency planning and community right-to-know

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY

RIGHT-TO-KNOW 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

-HEAD-

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

-MISC1-

SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION

Sec.

11001. Establishment of State commissions, planning

districts, and local committees.

(a) Establishment of State emergency response

commissions.

(b) Establishment of emergency planning districts.

(c) Establishment of local emergency planning

committees.

(d) Revisions.

11002. Substances and facilities covered and notification.

(a) Substances covered.

(b) Facilities covered.

(c) Emergency planning notification.

(d) Notification of Administrator.

11003. Comprehensive emergency response plans.

(a) Plan required.

(b) Resources.

(c) Plan provisions.

(d) Providing of information.

(e) Review by State emergency response commission.

(f) Guidance documents.

(g) Review of plans by regional response teams.

11004. Emergency notification.

(a) Types of releases.

(b) Notification.

(c) Followup emergency notice.

(d) Transportation exemption not applicable.

11005. Emergency training and review of emergency systems.

(a) Emergency training.

(b) Review of emergency systems.

SUBCHAPTER II - REPORTING REQUIREMENTS

11021. Material safety data sheets.

(a) Basic requirement.

(b) Thresholds.

(c) Availability of MSDS on request.

(d) Initial submission and updating.

(e) "Hazardous chemical" defined.

11022. Emergency and hazardous chemical inventory forms.

(a) Basic requirement.

(b) Thresholds.

(c) Hazardous chemicals covered.

(d) Contents of form.

(e) Availability of tier II information.

(f) Fire department access.

(g) Format of forms.

11023. Toxic chemical release forms.

(a) Basic requirement.

(b) Covered owners and operators of facilities.

(c) Toxic chemicals covered.

(d) Revisions by Administrator.

(e) Petitions.

(f) Threshold for reporting.

(g) Form.

(h) Use of release form.

(i) Modifications in reporting frequency.

(j) EPA management of data.

(k) Report.

(l) Mass balance study.

SUBCHAPTER III - GENERAL PROVISIONS

11041. Relationship to other law.

(a) In general.

(b) Effect on MSDS requirements.

11042. Trade secrets.

(a) Authority to withhold information.

(b) Trade secret factors.

(c) Trade secret regulations.

(d) Petition for review.

(e) Exception for information provided to health

professionals.

(f) Providing information to Administrator;

availability to public.

(g) Information provided to State.

(h) Information on adverse effects.

(i) Information provided to Congress.

11043. Provision of information to health professionals,

doctors, and nurses.

(a) Diagnosis or treatment by health professional.

(b) Medical emergency.

(c) Preventive measures by local health

professionals.

(d) Confidentiality agreement.

(e) Regulations.

11044. Public availability of plans, data sheets, forms, and

followup notices.

(a) Availability to public.

(b) Notice of public availability.

11045. Enforcement.

(a) Civil penalties for emergency planning.

(b) Civil, administrative, and criminal penalties

for emergency notification.

(c) Civil and administrative penalties for

reporting requirements.

(d) Civil, administrative, and criminal penalties

with respect to trade secrets.

(e) Special enforcement provisions for section

11043.

(f) Procedures for administrative penalties.

11046. Civil actions.

(a) Authority to bring civil actions.

(b) Venue.

(c) Relief.

(d) Notice.

(e) Limitation.

(f) Costs.

(g) Other rights.

(h) Intervention.

11047. Exemption.

11048. Regulations.

11049. Definitions.

11050. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 300i-2, 7412, 9604, 9620,

13108 of this title; title 49 section 5116.

-End-

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42 USC SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION

-HEAD-

SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION

-End-

-CITE-

42 USC Sec. 11001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION

-HEAD-

Sec. 11001. Establishment of State commissions, planning districts,

and local committees

-STATUTE-

(a) Establishment of State emergency response commissions

Not later than six months after October 17, 1986, the Governor of

each State shall appoint a State emergency response commission. The

Governor may designate as the State emergency response commission

one or more existing emergency response organizations that are

State-sponsored or appointed. The Governor shall, to the extent

practicable, appoint persons to the State emergency response

commission who have technical expertise in the emergency response

field. The State emergency response commission shall appoint local

emergency planning committees under subsection (c) of this section

and shall supervise and coordinate the activities of such

committees. The State emergency response commission shall establish

procedures for receiving and processing requests from the public

for information under section 11044 of this title, including tier

II information under section 11022 of this title. Such procedures

shall include the designation of an official to serve as

coordinator for information. If the Governor of any State does not

designate a State emergency response commission within such period,

the Governor shall operate as the State emergency response

commission until the Governor makes such designation.

(b) Establishment of emergency planning districts

Not later than nine months after October 17, 1986, the State

emergency response commission shall designate emergency planning

districts in order to facilitate preparation and implementation of

emergency plans. Where appropriate, the State emergency response

commission may designate existing political subdivisions or

multijurisdictional planning organizations as such districts. In

emergency planning areas that involve more than one State, the

State emergency response commissions of all potentially affected

States may designate emergency planning districts and local

emergency planning committees by agreement. In making such

designation, the State emergency response commission shall indicate

which facilities subject to the requirements of this subchapter are

within such emergency planning district.

(c) Establishment of local emergency planning committees

Not later than 30 days after designation of emergency planning

districts or 10 months after October 17, 1986, whichever is

earlier, the State emergency response commission shall appoint

members of a local emergency planning committee for each emergency

planning district. Each committee shall include, at a minimum,

representatives from each of the following groups or organizations:

elected State and local officials; law enforcement, civil defense,

firefighting, first aid, health, local environmental, hospital, and

transportation personnel; broadcast and print media; community

groups; and owners and operators of facilities subject to the

requirements of this subchapter. Such committee shall appoint a

chairperson and shall establish rules by which the committee shall

function. Such rules shall include provisions for public

notification of committee activities, public meetings to discuss

the emergency plan, public comments, response to such comments by

the committee, and distribution of the emergency plan. The local

emergency planning committee shall establish procedures for

receiving and processing requests from the public for information

under section 11044 of this title, including tier II information

under section 11022 of this title. Such procedures shall include

the designation of an official to serve as coordinator for

information.

(d) Revisions

A State emergency response commission may revise its designations

and appointments under subsections (b) and (c) of this section as

it deems appropriate. Interested persons may petition the State

emergency response commission to modify the membership of a local

emergency planning committee.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 301, Oct. 17, 1986, 100 Stat.

1729.)

-MISC1-

EFFECTIVE DATE

Chapter effective Oct. 17, 1986, see section 4 of Pub. L. 99-499,

set out as an Effective Date of 1986 Amendment note under section

9601 of this title.

SHORT TITLE

Section 300(a) of title III of Pub. L. 99-499 provided that:

"This title [enacting this chapter] may be cited as the 'Emergency

Planning and Community Right-To-Know Act of 1986'."

-EXEC-

EXECUTIVE ORDER NO. 12856

Ex. Ord. No. 12856, Aug. 3, 1993, 58 F.R. 41981, which provided

for Federal compliance with right-to-know laws and pollution

prevention requirements, was revoked by Ex. Ord. No. 13148, Sec.

901, Apr. 21, 2000, 65 F.R. 24604, set out as a note under section

4321 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11004, 11042 of this

title; title 49 sections 5115, 5116.

-End-

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42 USC Sec. 11002 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION

-HEAD-

Sec. 11002. Substances and facilities covered and notification

-STATUTE-

(a) Substances covered

(1) In general

A substance is subject to the requirements of this subchapter

if the substance is on the list published under paragraph (2).

(2) List of extremely hazardous substances

Within 30 days after October 17, 1986, the Administrator shall

publish a list of extremely hazardous substances. The list shall

be the same as the list of substances published in November 1985

by the Administrator in Appendix A of the "Chemical Emergency

Preparedness Program Interim Guidance".

(3) Thresholds

(A) At the time the list referred to in paragraph (2) is

published the Administrator shall -

(i) publish an interim final regulation establishing a

threshold planning quantity for each substance on the list,

taking into account the criteria described in paragraph (4),

and

(ii) initiate a rulemaking in order to publish final

regulations establishing a threshold planning quantity for each

substance on the list.

(B) The threshold planning quantities may, at the

Administrator's discretion, be based on classes of chemicals or

categories of facilities.

(C) If the Administrator fails to publish an interim final

regulation establishing a threshold planning quantity for a

substance within 30 days after October 17, 1986, the threshold

planning quantity for the substance shall be 2 pounds until such

time as the Administrator publishes regulations establishing a

threshold for the substance.

(4) Revisions

The Administrator may revise the list and thresholds under

paragraphs (2) and (3) from time to time. Any revisions to the

list shall take into account the toxicity, reactivity,

volatility, dispersability, combustability, or flammability of a

substance. For purposes of the preceding sentence, the term

"toxicity" shall include any short- or long-term health effect

which may result from a short-term exposure to the substance.

(b) Facilities covered

(1) Except as provided in section 11004 of this title, a facility

is subject to the requirements of this subchapter if a substance on

the list referred to in subsection (a) of this section is present

at the facility in an amount in excess of the threshold planning

quantity established for such substance.

(2) For purposes of emergency planning, a Governor or a State

emergency response commission may designate additional facilities

which shall be subject to the requirements of this subchapter, if

such designation is made after public notice and opportunity for

comment. The Governor or State emergency response commission shall

notify the facility concerned of any facility designation under

this paragraph.

(c) Emergency planning notification

Not later than seven months after October 17, 1986, the owner or

operator of each facility subject to the requirements of this

subchapter by reason of subsection (b)(1) of this section shall

notify the State emergency response commission for the State in

which such facility is located that such facility is subject to the

requirements of this subchapter. Thereafter, if a substance on the

list of extremely hazardous substances referred to in subsection

(a) of this section first becomes present at such facility in

excess of the threshold planning quantity established for such

substance, or if there is a revision of such list and the facility

has present a substance on the revised list in excess of the

threshold planning quantity established for such substance, the

owner or operator of the facility shall notify the State emergency

response commission and the local emergency planning committee

within 60 days after such acquisition or revision that such

facility is subject to the requirements of this subchapter.

(d) Notification of Administrator

The State emergency response commission shall notify the

Administrator of facilities subject to the requirements of this

subchapter by notifying the Administrator of -

(1) each notification received from a facility under subsection

(c) of this section, and

(2) each facility designated by the Governor or State emergency

response commission under subsection (b)(2) of this section.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 302, Oct. 17, 1986, 100 Stat.

1730.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7413, 11003, 11004,

11005, 11045, 11046, 11049 of this title.

-End-

-CITE-

42 USC Sec. 11003 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION

-HEAD-

Sec. 11003. Comprehensive emergency response plans

-STATUTE-

(a) Plan required

Each local emergency planning committee shall complete

preparation of an emergency plan in accordance with this section

not later than two years after October 17, 1986. The committee

shall review such plan once a year, or more frequently as changed

circumstances in the community or at any facility may require.

(b) Resources

Each local emergency planning committee shall evaluate the need

for resources necessary to develop, implement, and exercise the

emergency plan, and shall make recommendations with respect to

additional resources that may be required and the means for

providing such additional resources.

(c) Plan provisions

Each emergency plan shall include (but is not limited to) each of

the following:

(1) Identification of facilities subject to the requirements of

this subchapter that are within the emergency planning district,

identification of routes likely to be used for the transportation

of substances on the list of extremely hazardous substances

referred to in section 11002(a) of this title, and identification

of additional facilities contributing or subjected to additional

risk due to their proximity to facilities subject to the

requirements of this subchapter, such as hospitals or natural gas

facilities.

(2) Methods and procedures to be followed by facility owners

and operators and local emergency and medical personnel to

respond to any release of such substances.

(3) Designation of a community emergency coordinator and

facility emergency coordinators, who shall make determinations

necessary to implement the plan.

(4) Procedures providing reliable, effective, and timely

notification by the facility emergency coordinators and the

community emergency coordinator to persons designated in the

emergency plan, and to the public, that a release has occurred

(consistent with the emergency notification requirements of

section 11004 of this title).

(5) Methods for determining the occurrence of a release, and

the area or population likely to be affected by such release.

(6) A description of emergency equipment and facilities in the

community and at each facility in the community subject to the

requirements of this subchapter, and an identification of the

persons responsible for such equipment and facilities.

(7) Evacuation plans, including provisions for a precautionary

evacuation and alternative traffic routes.

(8) Training programs, including schedules for training of

local emergency response and medical personnel.

(9) Methods and schedules for exercising the emergency plan.

(d) Providing of information

For each facility subject to the requirements of this subchapter:

(1) Within 30 days after establishment of a local emergency

planning committee for the emergency planning district in which

such facility is located, or within 11 months after October 17,

1986, whichever is earlier, the owner or operator of the facility

shall notify the emergency planning committee (or the Governor if

there is no committee) of a facility representative who will

participate in the emergency planning process as a facility

emergency coordinator.

(2) The owner or operator of the facility shall promptly inform

the emergency planning committee of any relevant changes

occurring at such facility as such changes occur or are expected

to occur.

(3) Upon request from the emergency planning committee, the

owner or operator of the facility shall promptly provide

information to such committee necessary for developing and

implementing the emergency plan.

(e) Review by State emergency response commission

After completion of an emergency plan under subsection (a) of

this section for an emergency planning district, the local

emergency planning committee shall submit a copy of the plan to the

State emergency response commission of each State in which such

district is located. The commission shall review the plan and make

recommendations to the committee on revisions of the plan that may

be necessary to ensure coordination of such plan with emergency

response plans of other emergency planning districts. To the

maximum extent practicable, such review shall not delay

implementation of such plan.

(f) Guidance documents

The national response team, as established pursuant to the

National Contingency Plan as established under section 9605 of this

title, shall publish guidance documents for preparation and

implementation of emergency plans. Such documents shall be

published not later than five months after October 17, 1986.

(g) Review of plans by regional response teams

The regional response teams, as established pursuant to the

National Contingency Plan as established under section 9605 of this

title, may review and comment upon an emergency plan or other

issues related to preparation, implementation, or exercise of such

a plan upon request of a local emergency planning committee. Such

review shall not delay implementation of the plan.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 303, Oct. 17, 1986, 100 Stat.

1731.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11042, 11045, 11046 of

this title; title 49 section 5116.

-End-

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42 USC Sec. 11004 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION

-HEAD-

Sec. 11004. Emergency notification

-STATUTE-

(a) Types of releases

(1) 11002(a) substance which requires CERCLA notice

If a release of an extremely hazardous substance referred to in

section 11002(a) of this title occurs from a facility at which a

hazardous chemical is produced, used, or stored, and such release

requires a notification under section 103(a) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

[42 U.S.C. 9603(a)] (hereafter in this section referred to as

"CERCLA") (42 U.S.C. 9601 et seq.), the owner or operator of the

facility shall immediately provide notice as described in

subsection (b) of this section.

(2) Other 11002(a) substance

If a release of an extremely hazardous substance referred to in

section 11002(a) of this title occurs from a facility at which a

hazardous chemical is produced, used, or stored, and such release

is not subject to the notification requirements under section

103(a) of CERCLA [42 U.S.C. 9603(a)], the owner or operator of

the facility shall immediately provide notice as described in

subsection (b) of this section, but only if the release -

(A) is not a federally permitted release as defined in

section 101(10) of CERCLA [42 U.S.C. 9601(10)],

(B) is in an amount in excess of a quantity which the

Administrator 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)].

Unless and until superseded by regulations establishing a

quantity for an extremely hazardous substance described in this

paragraph, a quantity of 1 pound shall be deemed that quantity

the release of which requires notice as described in subsection

(b) of this section.

(3) Non-11002(a) substance which requires CERCLA notice

If a release of a substance which is not on the list referred

to in section 11002(a) of this title occurs at a facility at

which a hazardous chemical is produced, used, or stored, and such

release requires notification under section 103(a) of CERCLA [42

U.S.C. 9603(a)], the owner 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)], the owner or operator shall provide notice as

described in subsection (b) of this section.

(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)] -

(i) Until April 30, 1988, the owner or operator shall

provide, for releases 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)].

(ii) On and after April 30, 1988, the owner or operator

shall provide, for releases of one pound or more of the

substance, the notice as described in subsection (b) of this

section.

(4) Exempted releases

This section does not apply to any release which results in

exposure to persons solely within the site or sites on which a

facility is located.

(b) Notification

(1) Recipients of notice

Notice required under subsection (a) of this section shall be

given immediately after the release by the owner or operator of a

facility (by such means as telephone, radio, or in person) to the

community emergency coordinator for the local emergency planning

committees, if established pursuant to section 11001(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. 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.

(2) Contents

Notice required under subsection (a) of this section 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.

(B) An indication of whether the substance is on the list

referred to in section 11002(a) of this title.

(C) An estimate of the quantity of any such substance that

was released into the environment.

(D) The time and duration of the release.

(E) The medium or media into which the release 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,

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 or persons to

be contacted for further information.

(c) Followup emergency notice

As soon as practicable after a release which requires notice

under subsection (a) of this section, such owner 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) of this section, and

including additional information with respect to -

(1) actions taken to respond to and contain the release,

(2) any known or anticipated acute or chronic health risks

associated with the release, 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 (relating

to transportation) does not apply to this section.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 304, Oct. 17, 1986, 100 Stat.

1733.)

-REFTEXT-

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, as amended,

which is classified principally to chapter 103 (Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11002, 11003, 11045,

11046, 11047, 11049 of this title.

-End-

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42 USC Sec. 11005 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION

-HEAD-

Sec. 11005. Emergency training and review of emergency systems

-STATUTE-

(a) Emergency training

(1) Programs

Officials of the United States Government carrying out existing

Federal programs for emergency training are authorized to

specifically provide training and education programs for Federal,

State, and local personnel in hazard mitigation, emergency

preparedness, fire prevention and control, disaster response,

long-term disaster recovery, national security, technological and

natural hazards, and emergency processes. Such programs shall

provide special emphasis for such training and education with

respect to hazardous chemicals.

(2) State and local program support

There is authorized to be appropriated to the Federal Emergency

Management Agency for each of the fiscal years 1987, 1988, 1989,

and 1990, $5,000,000 for making grants to support programs of

State and local governments, and to support university-sponsored

programs, which are designed to improve emergency planning,

preparedness, mitigation, response, and recovery capabilities.

Such programs shall provide special emphasis with respect to

emergencies associated with hazardous chemicals. Such grants may

not exceed 80 percent of the cost of any such program. The

remaining 20 percent of such costs shall be funded from

non-Federal sources.

(3) Other programs

Nothing in this section shall affect the availability of

appropriations to the Federal Emergency Management Agency for any

programs carried out by such agency other than the programs

referred to in paragraph (2).

(b) Review of emergency systems

(1) Review

The Administrator shall initiate, not later than 30 days after

October 17, 1986, a review of emergency systems for monitoring,

detecting, and preventing releases of extremely hazardous

substances at representative domestic facilities that produce,

use, or store extremely hazardous substances. The Administrator

may select representative extremely hazardous substances from the

substances on the list referred to in section 11002(a) of this

title for the purposes of this review. The Administrator shall

report interim findings to the Congress not later than seven

months after October 17, 1986, and issue a final report of

findings and recommendations to the Congress not later than 18

months after October 17, 1986. Such report shall be prepared in

consultation with the States and appropriate Federal agencies.

(2) Report

The report required by this subsection shall include the

Administrator's findings regarding each of the following:

(A) The status of current technological capabilities to (i)

monitor, detect, and prevent, in a timely manner, significant

releases of extremely hazardous substances, (ii) determine the

magnitude and direction of the hazard posed by each release,

(iii) identify specific substances, (iv) provide data on the

specific chemical composition of such releases, and (v)

determine the relative concentrations of the constituent

substances.

(B) The status of public emergency alert devices or systems

for providing timely and effective public warning of an

accidental release of extremely hazardous substances into the

environment, including releases into the atmosphere, surface

water, or groundwater from facilities that produce, store, or

use significant quantities of such extremely hazardous

substances.

(C) The technical and economic feasibility of establishing,

maintaining, and operating perimeter alert systems for

detecting releases of such extremely hazardous substances into

the atmosphere, surface water, or groundwater, at facilities

that manufacture, use, or store significant quantities of such

substances.

(3) Recommendations

The report required by this subsection shall also include the

Administrator's recommendations for -

(A) initiatives to support the development of new or improved

technologies or systems that would facilitate the timely

monitoring, detection, and prevention of releases of extremely

hazardous substances, and

(B) improving devices or systems for effectively alerting the

public in a timely manner, in the event of an accidental

release of such extremely hazardous substances.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 305, Oct. 17, 1986, 100 Stat.

1735.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC SUBCHAPTER II - REPORTING REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER II - REPORTING REQUIREMENTS

-HEAD-

SUBCHAPTER II - REPORTING REQUIREMENTS

-End-

-CITE-

42 USC Sec. 11021 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER II - REPORTING REQUIREMENTS

-HEAD-

Sec. 11021. Material safety data sheets

-STATUTE-

(a) Basic requirement

(1) Submission of MSDS or list

The owner or operator of any facility which is required to

prepare or have available a material safety data sheet for a

hazardous chemical under the Occupational Safety and Health Act

of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under

that Act shall submit a material safety data sheet for each such

chemical, or a list of such chemicals as described in paragraph

(2), to each of the following:

(A) The appropriate local emergency planning committee.

(B) The State emergency response commission.

(C) The fire department with jurisdiction over the facility.

(2) Contents of list

(A) The list of chemicals referred to in paragraph (1) shall

include each of the following:

(i) A list of the hazardous chemicals for which a material

safety data sheet is required under the Occupational Safety and

Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations

promulgated under that Act, grouped in categories of health and

physical hazards as set forth under such Act and regulations

promulgated under such Act, or in such other categories as the

Administrator may prescribe under subparagraph (B).

(ii) The chemical name or the common name of each such

chemical as provided on the material safety data sheet.

(iii) Any hazardous component of each such chemical as

provided on the material safety data sheet.

(B) For purposes of the list under this paragraph, the

Administrator may modify the categories of health and physical

hazards as set forth under the Occupational Safety and Health Act

of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under

that Act by requiring information to be reported in terms of

groups of hazardous chemicals which present similar hazards in an

emergency.

(3) Treatment of mixtures

An owner or operator may meet the requirements of this section

with respect to a hazardous chemical which is a mixture by doing

one of the following:

(A) Submitting a material safety data sheet for, or

identifying on a list, each element or compound in the mixture

which is a hazardous chemical. If more than one mixture has the

same element or compound, only one material safety data sheet,

or one listing, of the element or compound is necessary.

(B) Submitting a material safety data sheet for, or

identifying on a list, the mixture itself.

(b) Thresholds

The Administrator may establish threshold quantities for

hazardous chemicals below which no facility shall be subject to the

provisions of this section. The threshold quantities may, in the

Administrator's discretion, be based on classes of chemicals or

categories of facilities.

(c) Availability of MSDS on request

(1) To local emergency planning committee

If an owner or operator of a facility submits a list of

chemicals under subsection (a)(1) of this section, the owner or

operator, upon request by the local emergency planning committee,

shall submit the material safety data sheet for any chemical on

the list to such committee.

(2) To public

A local emergency planning committee, upon request by any

person, shall make available a material safety data sheet to the

person in accordance with section 11044 of this title. If the

local emergency planning committee does not have the requested

material safety data sheet, the committee shall request the sheet

from the facility owner or operator and then make the sheet

available to the person in accordance with section 11044 of this

title.

(d) Initial submission and updating

(1) The initial material safety data sheet or list required under

this section with respect to a hazardous chemical shall be provided

before the later of -

(A) 12 months after October 17, 1986, or

(B) 3 months after the owner or operator of a facility is

required to prepare or have available a material safety data

sheet for the chemical under the Occupational Safety and Health

Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated

under that Act.

(2) Within 3 months following discovery by an owner or operator

of significant new information concerning an aspect of a hazardous

chemical for which a material safety data sheet was previously

submitted to the local emergency planning committee under

subsection (a) of this section, a revised sheet shall be provided

to such person.

(e) "Hazardous chemical" defined

For purposes of this section, the term "hazardous chemical" has

the meaning given such term by section 1910.1200(c) of title 29 of

the Code of Federal Regulations, except that such term does not

include the following:

(1) Any food, food additive, color additive, drug, or cosmetic

regulated by the Food and Drug Administration.

(2) Any substance present as a solid in any manufactured item

to the extent exposure to the substance does not occur under

normal conditions of use.

(3) Any substance to the extent it is used for personal,

family, or household purposes, or is present in the same form and

concentration as a product packaged for distribution and use by

the general public.

(4) Any substance to the extent it is used in a research

laboratory or a hospital or other medical facility under the

direct supervision of a technically qualified individual.

(5) Any substance to the extent it is used in routine

agricultural operations or is a fertilizer held for sale by a

retailer to the ultimate customer.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 311, Oct. 17, 1986, 100 Stat.

1736.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsecs. (a)(1), (2)(A)(i), (B) and (d)(1)(B), is Pub. L. 91-596,

Dec. 29, 1970, 84 Stat. 1590, as amended, which is classified

principally to chapter 15 (Sec. 651 et seq.) of Title 29, Labor.

For complete classification of this Act to the Code, see Short

Title note set out under section 651 of Title 29 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11022, 11041, 11042,

11043, 11044, 11045, 11046, 11049 of this title.

-End-

-CITE-

42 USC Sec. 11022 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER II - REPORTING REQUIREMENTS

-HEAD-

Sec. 11022. Emergency and hazardous chemical inventory forms

-STATUTE-

(a) Basic requirement

(1) The owner or operator of any facility which is required to

prepare or have available a material safety data sheet for a

hazardous chemical under the Occupational Safety and Health Act of

1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that

Act shall prepare and submit an emergency and hazardous chemical

inventory form (hereafter in this chapter referred to as an

"inventory form") to each of the following:

(A) The appropriate local emergency planning committee.

(B) The State emergency response commission.

(C) The fire department with jurisdiction over the facility.

(2) The inventory form containing tier I information (as

described in subsection (d)(1) of this section) shall be submitted

on or before March 1, 1988, and annually thereafter on March 1, and

shall contain data with respect to the preceding calendar year. The

preceding sentence does not apply if an owner or operator provides,

by the same deadline and with respect to the same calendar year,

tier II information (as described in subsection (d)(2) of this

section) to the recipients described in paragraph (1).

(3) An owner or operator may meet the requirements of this

section with respect to a hazardous chemical which is a mixture by

doing one of the following:

(A) Providing information on the inventory form on each element

or compound in the mixture which is a hazardous chemical. If more

than one mixture has the same element or compound, only one

listing on the inventory form for the element or compound at the

facility is necessary.

(B) Providing information on the inventory form on the mixture

itself.

(b) Thresholds

The Administrator may establish threshold quantities for

hazardous chemicals covered by this section below which no facility

shall be subject to the provisions of this section. The threshold

quantities may, in the Administrator's discretion, be based on

classes of chemicals or categories of facilities.

(c) Hazardous chemicals covered

A hazardous chemical subject to the requirements of this section

is any hazardous chemical for which a material safety data sheet or

a listing is required under section 11021 of this title.

(d) Contents of form

(1) Tier I information

(A) Aggregate information by category

An inventory form shall provide the information described in

subparagraph (B) in aggregate terms for hazardous chemicals in

categories of health and physical hazards as set forth under

the Occupational Safety and Health Act of 1970 [29 U.S.C. 651

et seq.] and regulations promulgated under that Act.

(B) Required information

The information referred to in subparagraph (A) is the

following:

(i) An estimate (in ranges) of the maximum amount of

hazardous chemicals in each category present at the facility

at any time during the preceding calendar year.

(ii) An estimate (in ranges) of the average daily amount of

hazardous chemicals in each category present at the facility

during the preceding calendar year.

(iii) The general location of hazardous chemicals in each

category.

(C) Modifications

For purposes of reporting information under this paragraph,

the Administrator may -

(i) modify the categories of health and physical hazards as

set forth under the Occupational Safety and Health Act of

1970 [29 U.S.C. 651 et seq.] and regulations promulgated

under that Act by requiring information to be reported in

terms of groups of hazardous chemicals which present similar

hazards in an emergency, or

(ii) require reporting on individual hazardous chemicals of

special concern to emergency response personnel.

(2) Tier II information

An inventory form shall provide the following additional

information for each hazardous chemical present at the facility,

but only upon request and in accordance with subsection (e) of

this section:

(A) The chemical name or the common name of the chemical as

provided on the material safety data sheet.

(B) An estimate (in ranges) of the maximum amount of the

hazardous chemical present at the facility at any time during

the preceding calendar year.

(C) An estimate (in ranges) of the average daily amount of

the hazardous chemical present at the facility during the

preceding calendar year.

(D) A brief description of the manner of storage of the

hazardous chemical.

(E) The location at the facility of the hazardous chemical.

(F) An indication of whether the owner elects to withhold

location information of a specific hazardous chemical from

disclosure to the public under section 11044 of this title.

(e) Availability of tier II information

(1) Availability to State commissions, local committees, and fire

departments

Upon request by a State emergency planning commission, a local

emergency planning committee, or a fire department with

jurisdiction over the facility, the owner or operator of a

facility shall provide tier II information, as described in

subsection (d) of this section, to the person making the request.

Any such request shall be with respect to a specific facility.

(2) Availability to other State and local officials

A State or local official acting in his or her official

capacity may have access to tier II information by submitting a

request to the State emergency response commission or the local

emergency planning committee. Upon receipt of a request for tier

II information, the State commission or local committee shall,

pursuant to paragraph (1), request the facility owner or operator

for the tier II information and make available such information

to the official.

(3) Availability to public

(A) In general

Any person may request a State emergency response commission

or local emergency planning committee for tier II information

relating to the preceding calendar year with respect to a

facility. Any such request shall be in writing and shall be

with respect to a specific facility.

(B) Automatic provision of information to public

Any tier II information which a State emergency response

commission or local emergency planning committee has in its

possession shall be made available to a person making a request

under this paragraph in accordance with section 11044 of this

title. If the State emergency response commission or local

emergency planning committee does not have the tier II

information in its possession, upon a request for tier II

information the State emergency response commission or local

emergency planning committee shall, pursuant to paragraph (1),

request the facility owner or operator for tier II information

with respect to a hazardous chemical which a facility has

stored in an amount in excess of 10,000 pounds present at the

facility at any time during the preceding calendar year and

make such information available in accordance with section

11044 of this title to the person making the request.

(C) Discretionary provision of information to public

In the case of tier II information which is not in the

possession of a State emergency response commission or local

emergency planning committee and which is with respect to a

hazardous chemical which a facility has stored in an amount

less than 10,000 pounds present at the facility at any time

during the preceding calendar year, a request from a person

must include the general need for the information. The State

emergency response commission or local emergency planning

committee may, pursuant to paragraph (1), request the facility

owner or operator for the tier II information on behalf of the

person making the request. Upon receipt of any information

requested on behalf of such person, the State emergency

response commission or local emergency planning committee shall

make the information available in accordance with section 11044

of this title to the person.

(D) Response in 45 days

A State emergency response commission or local emergency

planning committee shall respond to a request for tier II

information under this paragraph no later than 45 days after

the date of receipt of the request.

(f) Fire department access

Upon request to an owner or operator of a facility which files an

inventory form under this section by the fire department with

jurisdiction over the facility, the owner or operator of the

facility shall allow the fire department to conduct an on-site

inspection of the facility and shall provide to the fire department

specific location information on hazardous chemicals at the

facility.

(g) Format of forms

The Administrator shall publish a uniform format for inventory

forms within three months after October 17, 1986. If the

Administrator does not publish such forms, owners and operators of

facilities subject to the requirements of this section shall

provide the information required under this section by letter.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 312, Oct. 17, 1986, 100 Stat.

1738.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsecs. (a)(1) and (d)(1)(A), (C)(i), is Pub. L. 91-596, Dec. 29,

1970, 84 Stat. 1590, as amended, which is classified principally to

chapter 15 (Sec. 651 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 651 of Title 29 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11001, 11042, 11043,

11044, 11045, 11046 of this title.

-End-

-CITE-

42 USC Sec. 11023 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER II - REPORTING REQUIREMENTS

-HEAD-

Sec. 11023. Toxic chemical release forms

-STATUTE-

(a) Basic requirement

The owner or operator of a facility subject to the requirements

of this section shall complete a toxic chemical release form as

published under subsection (g) of this section for each toxic

chemical listed under subsection (c) of this section that was

manufactured, processed, or otherwise used in quantities exceeding

the toxic chemical threshold quantity established by subsection (f)

of this section during the preceding calendar year at such

facility. Such form shall be submitted to the Administrator and to

an official or officials of the State designated by the Governor on

or before July 1, 1988, and annually thereafter on July 1 and shall

contain data reflecting releases during the preceding calendar

year.

(b) Covered owners and operators of facilities

(1) In general

(A) The requirements of this section shall apply to owners and

operators of facilities that have 10 or more full-time employees

and that are in Standard Industrial Classification Codes 20

through 39 (as in effect on July 1, 1985) and that manufactured,

processed, or otherwise used a toxic chemical listed under

subsection (c) of this section in excess of the quantity of that

toxic chemical established under subsection (f) of this section

during the calendar year for which a release form is required

under this section.

(B) The Administrator may add or delete Standard Industrial

Classification Codes for purposes of subparagraph (A), but only

to the extent necessary to provide that each Standard Industrial

Code to which this section applies is relevant to the purposes of

this section.

(C) For purposes of this section -

(i) The term "manufacture" means to produce, prepare, import,

or compound a toxic chemical.

(ii) The term "process" means the preparation of a toxic

chemical, after its manufacture, for distribution in commerce -

(I) in the same form or physical state as, or in a

different form or physical state from, that in which it was

received by the person so preparing such chemical, or

(II) as part of an article containing the toxic chemical.

(2) Discretionary application to additional facilities

The Administrator, on his own motion or at the request of a

Governor of a State (with regard to facilities located in that

State), may apply the requirements of this section to the owners

and operators of any particular facility that manufactures,

processes, or otherwise uses a toxic chemical listed under

subsection (c) of this section if the Administrator determines

that such action is warranted on the basis of toxicity of the

toxic chemical, proximity to other facilities that release the

toxic chemical or to population centers, the history of releases

of such chemical at such facility, or such other factors as the

Administrator deems appropriate.

(c) Toxic chemicals covered

The toxic chemicals subject to the requirements of this section

are those chemicals on the list in Committee Print Number 99-169 of

the Senate Committee on Environment and Public Works, titled "Toxic

Chemicals Subject to Section 313 of the Emergency Planning and

Community Right-To-Know Act of 1986" [42 U.S.C. 11023] (including

any revised version of the list as may be made pursuant to

subsection (d) or (e) of this section).

(d) Revisions by Administrator

(1) In general

The Administrator may by rule add or delete a chemical from the

list described in subsection (c) of this section at any time.

(2) Additions

A chemical may be added if the Administrator determines, in his

judgment, that there is sufficient evidence to establish any one

of the following:

(A) The chemical is known to cause or can reasonably be

anticipated to cause significant adverse acute human health

effects at concentration levels that are reasonably likely to

exist beyond facility site boundaries as a result of

continuous, or frequently recurring, releases.

(B) The chemical is known to cause or can reasonably be

anticipated to cause in humans -

(i) cancer or teratogenic effects, or

(ii) serious or irreversible -

(I) reproductive dysfunctions,

(II) neurological disorders,

(III) heritable genetic mutations, or

(IV) other chronic health effects.

(C) The chemical is known to cause or can reasonably be

anticipated to cause, because of -

(i) its toxicity,

(ii) its toxicity and persistence in the environment, or

(iii) its toxicity and tendency to bioaccumulate in the

environment,

a significant adverse effect on the environment of sufficient

seriousness, in the judgment of the Administrator, to warrant

reporting under this section. The number of chemicals included

on the list described in subsection (c) of this section on the

basis of the preceding sentence may constitute in the aggregate

no more than 25 percent of the total number of chemicals on the

list.

A determination under this paragraph shall be based on generally

accepted scientific principles or laboratory tests, or

appropriately designed and conducted epidemiological or other

population studies, available to the Administrator.

(3) Deletions

A chemical may be deleted if the Administrator determines there

is not sufficient evidence to establish any of the criteria

described in paragraph (2).

(4) Effective date

Any revision made on or after January 1 and before December 1

of any calendar year shall take effect beginning with the next

calendar year. Any revision made on or after December 1 of any

calendar year and before January 1 of the next calender year

shall take effect beginning with the calendar year following such

next calendar year.

(e) Petitions

(1) In general

Any person may petition the Administrator to add or delete a

chemical from the list described in subsection (c) of this

section on the basis of the criteria in subparagraph (A) or (B)

of subsection (d)(2) of this section. Within 180 days after

receipt of a petition, the Administrator shall take one of the

following actions:

(A) Initiate a rulemaking to add or delete the chemical to

the list, in accordance with subsection (d)(2) or (d)(3) of

this section.

(B) Publish an explanation of why the petition is denied.

(2) Governor petitions

A State Governor may petition the Administrator to add or

delete a chemical from the list described in subsection (c) of

this section on the basis of the criteria in subparagraph (A),

(B), or (C) of subsection (d)(2) of this section. In the case of

such a petition from a State Governor to delete a chemical, the

petition shall be treated in the same manner as a petition

received under paragraph (1) to delete a chemical. In the case of

such a petition from a State Governor to add a chemical, the

chemical will be added to the list within 180 days after receipt

of the petition, unless the Administrator -

(A) initiates a rulemaking to add the chemical to the list,

in accordance with subsection (d)(2) of this section, or

(B) publishes an explanation of why the Administrator

believes the petition does not meet the requirements of

subsection (d)(2) of this section for adding a chemical to the

list.

(f) Threshold for reporting

(1) Toxic chemical threshold amount

The threshold amounts for purposes of reporting toxic chemicals

under this section are as follows:

(A) With respect to a toxic chemical used at a facility,

10,000 pounds of the toxic chemical per year.

(B) With respect to a toxic chemical manufactured or

processed at a facility -

(i) For the toxic chemical release form required to be

submitted under this section on or before July 1, 1988,

75,000 pounds of the toxic chemical per year.

(ii) For the form required to be submitted on or before

July 1, 1989, 50,000 pounds of the toxic chemical per year.

(iii) For the form required to be submitted on or before

July 1, 1990, and for each form thereafter, 25,000 pounds of

the toxic chemical per year.

(2) Revisions

The Administrator may establish a threshold amount for a toxic

chemical different from the amount established by paragraph (1).

Such revised threshold shall obtain reporting on a substantial

majority of total releases of the chemical at all facilities

subject to the requirements of this section. The amounts

established under this paragraph may, at the Administrator's

discretion, be based on classes of chemicals or categories of

facilities.

(g) Form

(1) Information required

Not later than June 1, 1987, the Administrator shall publish a

uniform toxic chemical release form for facilities covered by

this section. If the Administrator does not publish such a form,

owners and operators of facilities subject to the requirements of

this section shall provide the information required under this

subsection by letter postmarked on or before the date on which

the form is due. Such form shall -

(A) provide for the name and location of, and principal

business activities at, the facility;

(B) include an appropriate certification, signed by a senior

official with management responsibility for the person or

persons completing the report, regarding the accuracy and

completeness of the report; and

(C) provide for submission of each of the following items of

information for each listed toxic chemical known to be present

at the facility:

(i) Whether the toxic chemical at the facility is

manufactured, processed, or otherwise used, and the general

category or categories of use of the chemical.

(ii) An estimate of the maximum amounts (in ranges) of the

toxic chemical present at the facility at any time during the

preceding calendar year.

(iii) For each wastestream, the waste treatment or disposal

methods employed, and an estimate of the treatment efficiency

typically achieved by such methods for that wastestream.

(iv) The annual quantity of the toxic chemical entering

each environmental medium.

(2) Use of available data

In order to provide the information required under this

section, the owner or operator of a facility may use readily

available data (including monitoring data) collected pursuant to

other provisions of law, or, where such data are not readily

available, reasonable estimates of the amounts involved. Nothing

in this section requires the monitoring or measurement of the

quantities, concentration, or frequency of any toxic chemical

released into the environment beyond that monitoring and

measurement required under other provisions of law or regulation.

In order to assure consistency, the Administrator shall require

that data be expressed in common units.

(h) Use of release form

The release forms required under this section are intended to

provide information to the Federal, State, and local governments

and the public, including citizens of communities surrounding

covered facilities. The release form shall be available, consistent

with section 11044(a) of this title, to inform persons about

releases of toxic chemicals to the environment; to assist

governmental agencies, researchers, and other persons in the

conduct of research and data gathering; to aid in the development

of appropriate regulations, guidelines, and standards; and for

other similar purposes.

(i) Modifications in reporting frequency

(1) In general

The Administrator may modify the frequency of submitting a

report under this section, but the Administrator may not modify

the frequency to be any more often than annually. A modification

may apply, either nationally or in a specific geographic area, to

the following:

(A) All toxic chemical release forms required under this

section.

(B) A class of toxic chemicals or a category of facilities.

(C) A specific toxic chemical.

(D) A specific facility.

(2) Requirements

A modification may be made under paragraph (1) only if the

Administrator -

(A) makes a finding that the modification is consistent with

the provisions of subsection (h) of this section, based on -

(i) experience from previously submitted toxic chemical

release forms, and

(ii) determinations made under paragraph (3), and

(B) the finding is made by a rulemaking in accordance with

section 553 of title 5.

(3) Determinations

The Administrator shall make the following determinations with

respect to a proposed modification before making a modification

under paragraph (1):

(A) The extent to which information relating to the proposed

modification provided on the toxic chemical release forms has

been used by the Administrator or other agencies of the Federal

Government, States, local governments, health professionals,

and the public.

(B) The extent to which the information is (i) readily

available to potential users from other sources, such as State

reporting programs, and (ii) provided to the Administrator

under another Federal law or through a State program.

(C) The extent to which the modification would impose

additional and unreasonable burdens on facilities subject to

the reporting requirements under this section.

(4) 5-year review

Any modification made under this subsection shall be reviewed

at least once every 5 years. Such review shall examine the

modification and ensure that the requirements of paragraphs (2)

and (3) still justify continuation of the modification. Any

change to a modification reviewed under this paragraph shall be

made in accordance with this subsection.

(5) Notification to Congress

The Administrator shall notify Congress of an intention to

initiate a rulemaking for a modification under this subsection.

After such notification, the Administrator shall delay initiation

of the rulemaking for at least 12 months, but no more than 24

months, after the date of such notification.

(6) Judicial review

In any judicial review of a rulemaking which establishes a

modification under this subsection, a court may hold unlawful and

set aside agency action, findings, and conclusions found to be

unsupported by substantial evidence.

(7) Applicability

A modification under this subsection may apply to a calendar

year or other reporting period beginning no earlier than January

1, 1993.

(8) Effective date

Any modification made on or after January 1 and before December

1 of any calendar year shall take effect beginning with the next

calendar year. Any modification made on or after December 1 of

any calendar year and before January 1 of the next calendar year

shall take effect beginning with the calendar year following such

next calendar year.

(j) EPA management of data

The Administrator shall establish and maintain in a computer data

base a national toxic chemical inventory based on data submitted to

the Administrator under this section. The Administrator shall make

these data accessible by computer telecommunication and other means

to any person on a cost reimbursable basis.

(k) Report

Not later than June 30, 1991, the Comptroller General, in

consultation with the Administrator and appropriate officials in

the States, shall submit to the Congress a report including each of

the following:

(1) A description of the steps taken by the Administrator and

the States to implement the requirements of this section,

including steps taken to make information collected under this

section available to and accessible by the public.

(2) A description of the extent to which the information

collected under this section has been used by the Environmental

Protection Agency, other Federal agencies, the States, and the

public, and the purposes for which the information has been used.

(3) An identification and evaluation of options for

modifications to the requirements of this section for the purpose

of making information collected under this section more useful.

(l) Mass balance study

(1) In general

The Administrator shall arrange for a mass balance study to be

carried out by the National Academy of Sciences using mass

balance information collected by the Administrator under

paragraph (3). The Administrator shall submit to Congress a

report on such study no later than 5 years after October 17,

1986.

(2) Purposes

The purposes of the study are as follows:

(A) To assess the value of mass balance analysis in

determining the accuracy of information on toxic chemical

releases.

(B) To assess the value of obtaining mass balance

information, or portions thereof, to determine the waste

reduction efficiency of different facilities, or categories of

facilities, including the effectiveness of toxic chemical

regulations promulgated under laws other than this chapter.

(C) To assess the utility of such information for evaluating

toxic chemical management practices at facilities, or

categories of facilities, covered by this section.

(D) To determine the implications of mass balance information

collection on a national scale similar to the mass balance

information collection carried out by the Administrator under

paragraph (3), including implications of the use of such

collection as part of a national annual quantity toxic chemical

release program.

(3) Information collection

(A) The Administrator shall acquire available mass balance

information from States which currently conduct (or during the 5

years after October 17, 1986 initiate) a mass balance-oriented

annual quantity toxic chemical release program. If information

from such States provides an inadequate representation of

industry classes and categories to carry out the purposes of the

study, the Administrator also may acquire mass balance

information necessary for the study from a representative number

of facilities in other States.

(B) Any information acquired under this section shall be

available to the public, except that upon a showing satisfactory

to the Administrator by any person that the information (or a

particular part thereof) to which the Administrator or any

officer, employee, or representative has access under this

section if made public would divulge information entitled to

protection under section 1905 of title 18, such information or

part shall be considered confidential in accordance with the

purposes of that section, except that such information or part

may be disclosed to other officers, employees, or authorized

representatives of the United States concerned with carrying out

this section.

(C) The Administrator may promulgate regulations prescribing

procedures for collecting mass balance information under this

paragraph.

(D) For purposes of collecting mass balance information under

subparagraph (A), the Administrator may require the submission of

information by a State or facility.

(4) Mass balance definition

For purposes of this subsection, the term "mass balance" means

an accumulation of the annual quantities of chemicals transported

to a facility, produced at a facility, consumed at a facility,

used at a facility, accumulated at a facility, released from a

facility, and transported from a facility as a waste or as a

commercial product or byproduct or component of a commercial

product or byproduct.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 313, Oct. 17, 1986, 100 Stat.

1741.)

-EXEC-

EXPEDITING COMMUNITY RIGHT-TO-KNOW INITIATIVES

Memorandum of President of the United States, Aug. 8, 1995, 60

F.R. 41791, provided:

Memorandum for the Administrator of the Environmental Protection

Agency and the Heads of Executive Departments and Agencies

The Emergency Planning and Community Right-to-Know Act of 1986

(42 U.S.C. 11001-11050) ("EPCRA") and the Pollution Prevention Act

of 1990 (42 U.S.C. 13101-13109) provide an innovative approach to

protecting public health and the environment by ensuring that

communities are informed about the toxic chemicals being released

into the air, land, and water by manufacturing facilities. I am

committed to the effective implementation of this law, because

Community Right-to-Know protections provide a basic informational

tool to encourage informed community-based environmental decision

making and provide a strong incentive for businesses to find their

own ways of preventing pollution.

The laws provide the Environmental Protection Agency with

substantial authority to add to the Toxics Release Inventory under

EPCRA: (1) new chemicals; (2) new classes of industrial facilities;

and (3) additional types of information concerning toxic chemical

use at facilities. Community Right-to-Know should be enhanced

wherever possible as appropriate. EPA currently is engaged in an

on-going process to address potential facility expansion and the

collection of use information. I am committed to a full and open

process on the policy issues posed by EPA's exercise of these

authorities.

So that consideration of these issues can be fully accomplished

during this Administration, I am directing the Administrator of the

Environmental Protection Agency, in consultation with the Office of

Management and Budget and appropriate Federal agencies with

applicable technical and functional expertise, as necessary, to

take the following actions:

(a) Continuation on an expedited basis of the public notice and

comment rulemaking proceedings to consider whether, as appropriate

and consistent with section 313(b) of EPCRA, 42 U.S.C. 11023(b), to

add to the list of Standard Industrial Classification ("SIC") Code

designations of 20 through 39 (as in effect on July 1, 1985). For

SIC Code designations, see "Standard Industrial Classification

Manual" published by the Office of Management and Budget. EPA shall

complete the rulemaking process on an accelerated schedule.

(b) Development and implementation of an expedited, open, and

transparent process for consideration of reporting under EPCRA on

information on the use of toxic chemicals at facilities, including

information on mass balance, materials accounting, or other

chemical use date [data], pursuant to section 313(b)(1)(A) of

EPCRA, 42 U.S.C. 11023(b)(1)(A). EPA shall report on the progress

of this effort by October 1, 1995, with a goal of obtaining

sufficient information to be able to make informed judgments

concerning implementation of any appropriate program.

These actions should continue unless specifically prohibited by

law. The head of each executive department or agency shall assist

the Environmental Protection Agency in implementing this directive

as quickly as possible.

This directive is for the internal management of the executive

branch and does not create any right or benefit, substantive or

procedural, enforceable by any party against the United States, its

agencies or instrumentalities, its officers or employees, or any

person.

The Director of the Office of Management and Budget is authorized

and directed to publish this Memorandum in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11042, 11043, 11045,

11046, 11049, 13102, 13106 of this title.

-End-

-CITE-

42 USC SUBCHAPTER III - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER III - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 11041 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11041. Relationship to other law

-STATUTE-

(a) In general

Nothing in this chapter shall -

(1) preempt any State or local law,

(2) except as provided in subsection (b) of this section,

otherwise affect any State or local law or the authority of any

State or local government to adopt or enforce any State or local

law, or

(3) affect or modify in any way the obligations or liabilities

of any person under other Federal law.

(b) Effect on MSDS requirements

Any State or local law enacted after August 1, 1985, which

requires the submission of a material safety data sheet from

facility owners or operators shall require that the data sheet be

identical in content and format to the data sheet required under

subsection (a) of section 11021 of this title. In addition, a State

or locality may require the submission of information which is

supplemental to the information required on the data sheet

(including information on the location and quantity of hazardous

chemicals present at the facility), through additional sheets

attached to the data sheet or such other means as the State or

locality considers appropriate.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 321, Oct. 17, 1986, 100 Stat.

1747.)

-End-

-CITE-

42 USC Sec. 11042 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11042. Trade secrets

-STATUTE-

(a) Authority to withhold information

(1) General authority

(A) With regard to a hazardous chemical, an extremely hazardous

substance, or a toxic chemical, any person required under section

11003(d)(2), 11003(d)(3), 11021, 11022, or 11023 of this title to

submit information to any other person may withhold from such

submittal the specific chemical identity (including the chemical

name and other specific identification), as defined in

regulations prescribed by the Administrator under subsection (c)

of this section, if the person complies with paragraph (2).

(B) Any person withholding the specific chemical identity

shall, in the place on the submittal where the chemical identity

would normally be included, include the generic class or category

of the hazardous chemical, extremely hazardous substance, or

toxic chemical (as the case may be).

(2) Requirements

(A) A person is entitled to withhold information under

paragraph (1) if such person -

(i) claims that such information is a trade secret, on the

basis of the factors enumerated in subsection (b) of this

section,

(ii) includes in the submittal referred to in paragraph (1)

an explanation of the reasons why such information is claimed

to be a trade secret, based on the factors enumerated in

subsection (b) of this section, including a specific

description of why such factors apply, and

(iii) submits to the Administrator a copy of such submittal,

and the information withheld from such submittal.

(B) In submitting to the Administrator the information required

by subparagraph (A)(iii), a person withholding information under

this subsection may -

(i) designate, in writing and in such manner as the

Administrator may prescribe by regulation, the information

which such person believes is entitled to be withheld under

paragraph (1), and

(ii) submit such designated information separately from other

information submitted under this subsection.

(3) Limitation

The authority under this subsection to withhold information

shall not apply to information which the Administrator has

determined, in accordance with subsection (c) of this section, is

not a trade secret.

(b) Trade secret factors

No person required to provide information under this chapter may

claim that the information is entitled to protection as a trade

secret under subsection (a) of this section unless such person

shows each of the following:

(1) Such person has not disclosed the information to any other

person, other than a member of a local emergency planning

committee, an officer or employee of the United States or a State

or local government, an employee of such person, or a person who

is bound by a confidentiality agreement, and such person has

taken reasonable measures to protect the confidentiality of such

information and intends to continue to take such measures.

(2) The information is not required to be disclosed, or

otherwise made available, to the public under any other Federal

or State law.

(3) Disclosure of the information is likely to cause

substantial harm to the competitive position of such person.

(4) The chemical identity is not readily discoverable through

reverse engineering.

(c) Trade secret regulations

As soon as practicable after October 17, 1986, the Administrator

shall prescribe regulations to implement this section. With respect

to subsection (b)(4) of this section, such regulations shall be

equivalent to comparable provisions in the Occupational Safety and

Health Administration Hazard Communication Standard (29 C.F.R.

1910.1200) and any revisions of such standard prescribed by the

Secretary of Labor in accordance with the final ruling of the

courts of the United States in United Steelworkers of America,

AFL-CIO-CLC v. Thorne G. Auchter.

(d) Petition for review

(1) In general

Any person may petition the Administrator for the disclosure of

the specific chemical identity of a hazardous chemical, an

extremely hazardous substance, or a toxic chemical which is

claimed as a trade secret under this section. The Administrator

may, in the absence of a petition under this paragraph, initiate

a determination, to be carried out in accordance with this

subsection, as to whether information withheld constitutes a

trade secret.

(2) Initial review

Within 30 days after the date of receipt of a petition under

paragraph (1) (or upon the Administrator's initiative), the

Administrator shall review the explanation filed by a trade

secret claimant under subsection (a)(2) of this section and

determine whether the explanation presents assertions which, if

true, are sufficient to support a finding that the specific

chemical identity is a trade secret.

(3) Finding of sufficient assertions

(A) If the Administrator determines pursuant to paragraph (2)

that the explanation presents sufficient assertions to support a

finding that the specific chemical identity is a trade secret,

the Administrator shall notify the trade secret claimant that he

has 30 days to supplement the explanation with detailed

information to support the assertions.

(B) If the Administrator determines, after receipt of any

supplemental supporting detailed information under subparagraph

(A), that the assertions in the explanation are true and that the

specific chemical identity is a trade secret, the Administrator

shall so notify the petitioner and the petitioner may seek

judicial review of the determination.

(C) If the Administrator determines, after receipt of any

supplemental supporting detailed information under subparagraph

(A), that the assertions in the explanation are not true and that

the specific chemical identity is not a trade secret, the

Administrator shall notify the trade secret claimant that the

Administrator intends to release the specific chemical identity.

The trade secret claimant has 30 days in which he may appeal the

Administrator's determination under this subparagraph to the

Administrator. If the Administrator does not reverse his

determination under this subparagraph in such an appeal by the

trade secret claimant, the trade secret claimaint (!1) may seek

judicial review of the determination.

(4) Finding of insufficient assertions

(A) If the Administrator determines pursuant to paragraph (2)

that the explanation presents insufficient assertions to support

a finding that the specific chemical identity is a trade secret,

the Administrator shall notify the trade secret claimant that he

has 30 days to appeal the determination to the Administrator, or,

upon a showing of good cause, amend the original explanation by

providing supplementary assertions to support the trade secret

claim.

(B) If the Administrator does not reverse his determination

under subparagraph (A) after an appeal or an examination of any

supplementary assertions under subparagraph (A), the

Administrator shall so notify the trade secret claimant and the

trade secret claimant may seek judicial review of the

determination.

(C) If the Administrator reverses his determination under

subparagraph (A) after an appeal or an examination of any

supplementary assertions under subparagraph (A), the procedures

under paragraph (3) of this subsection apply.

(e) Exception for information provided to health professionals

Nothing in this section, or regulations adopted pursuant to this

section, shall authorize any person to withhold information which

is required to be provided to a health professional, a doctor, or a

nurse in accordance with section 11043 of this title.

(f) Providing information to Administrator; availability to public

Any information submitted to the Administrator under subsection

(a)(2) of this section or subsection (d)(3) of this section (except

a specific chemical identity) shall be available to the public,

except that upon a showing satisfactory to the Administrator by any

person that the information (or a particular part thereof) to which

the Administrator has access under this section if made public

would divulge information entitled to protection under section 1905

of title 18, such information or part shall be considered

confidential in accordance with the purposes of that section,

except that such information or part may be disclosed to other

officers, employees, or authorized representatives of the United

States concerned with carrying out this chapter.

(g) Information provided to State

Upon request by a State, acting through the Governor of the

State, the Administrator shall provide to the State any information

obtained under subsection (a)(2) of this section and subsection

(d)(3) of this section.

(h) Information on adverse effects

(1) In any case in which the identity of a hazardous chemical or

an extremely hazardous substance is claimed as a trade secret, the

Governor or State emergency response commission established under

section 11001 of this title shall identify the adverse health

effects associated with the hazardous chemical or extremely

hazardous substance and shall assure that such information is

provided to any person requesting information about such hazardous

chemical or extremely hazardous substance.

(2) In any case in which the identity of a toxic chemical is

claimed as a trade secret, the Administrator shall identify the

adverse health and environmental effects associated with the toxic

chemical and shall assure that such information is included in the

computer database required by section 11023(j) of this title and is

provided to any person requesting information about such toxic

chemical.

(i) Information provided to Congress

Notwithstanding any limitatio (!2) contained in this section or

any other provision of law, all information reported to or

otherwise obtained by the Administrator (or any representative of

the Administrator) under this chapter shall be made available to a

duly authorized committee of the Congress upon written request by

such a committee.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 322, Oct. 17, 1986, 100 Stat.

1747.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11043, 11044, 11045,

11046, 13106 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "claimant".

(!2) So in original. Probably should be "limitation".

-End-

-CITE-

42 USC Sec. 11043 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11043. Provision of information to health professionals,

doctors, and nurses

-STATUTE-

(a) Diagnosis or treatment by health professional

An owner or operator of a facility which is subject to the

requirements of section 11021, 11022, or 11023 of this title shall

provide the specific chemical identity, if known, of a hazardous

chemical, extremely hazardous substance, or a toxic chemical to any

health professional who requests such information in writing if the

health professional provides a written statement of need under this

subsection and a written confidentiality agreement under subsection

(d) of this section. The written statement of need shall be a

statement that the health professional has a reasonable basis to

suspect that -

(1) the information is needed for purposes of diagnosis or

treatment of an individual,

(2) the individual or individuals being diagnosed or treated

have been exposed to the chemical concerned, and

(3) knowledge of the specific chemical identity of such

chemical will assist in diagnosis or treatment.

Following such a written request, the owner or operator to whom

such request is made shall promptly provide the requested

information to the health professional. The authority to withhold

the specific chemical identity of a chemical under section 11042 of

this title when such information is a trade secret shall not apply

to information required to be provided under this subsection,

subject to the provisions of subsection (d) of this section.

(b) Medical emergency

An owner or operator of a facility which is subject to the

requirements of section 11021, 11022, or 11023 of this title shall

provide a copy of a material safety data sheet, an inventory form,

or a toxic chemical release form, including the specific chemical

identity, if known, of a hazardous chemical, extremely hazardous

substance, or a toxic chemical, to any treating physician or nurse

who requests such information if such physician or nurse determines

that -

(1) a medical emergency exists,

(2) the specific chemical identity of the chemical concerned is

necessary for or will assist in emergency or first-aid diagnosis

or treatment, and

(3) the individual or individuals being diagnosed or treated

have been exposed to the chemical concerned.

Immediately following such a request, the owner or operator to whom

such request is made shall provide the requested information to the

physician or nurse. The authority to withhold the specific chemical

identity of a chemical from a material safety data sheet, an

inventory form, or a toxic chemical release form under section

11042 of this title when such information is a trade secret shall

not apply to information required to be provided to a treating

physician or nurse under this subsection. No written

confidentiality agreement or statement of need shall be required as

a precondition of such disclosure, but the owner or operator

disclosing such information may require a written confidentiality

agreement in accordance with subsection (d) of this section and a

statement setting forth the items listed in paragraphs (1) through

(3) as soon as circumstances permit.

(c) Preventive measures by local health professionals

(1) Provision of information

An owner or operator of a facility subject to the requirements

of section 11021, 11022, or 11023 of this title shall provide the

specific chemical identity, if known, of a hazardous chemical, an

extremely hazardous substance, or a toxic chemical to any health

professional (such as a physician, toxicologist, or

epidemiologist) -

(A) who is a local government employee or a person under

contract with the local government, and

(B) who requests such information in writing and provides a

written statement of need under paragraph (2) and a written

confidentiality agreement under subsection (d) of this section.

Following such a written request, the owner or operator to whom

such request is made shall promptly provide the requested

information to the local health professional. The authority to

withhold the specific chemical identity of a chemical under

section 11042 of this title when such information is a trade

secret shall not apply to information required to be provided

under this subsection, subject to the provisions of subsection

(d) of this section.

(2) Written statement of need

The written statement of need shall be a statement that

describes with reasonable detail one or more of the following

health needs for the information:

(A) To assess exposure of persons living in a local community

to the hazards of the chemical concerned.

(B) To conduct or assess sampling to determine exposure

levels of various population groups.

(C) To conduct periodic medical surveillance of exposed

population groups.

(D) To provide medical treatment to exposed individuals or

population groups.

(E) To conduct studies to determine the health effects of

exposure.

(F) To conduct studies to aid in the identification of a

chemical that may reasonably be anticipated to cause an

observed health effect.

(d) Confidentiality agreement

Any person obtaining information under subsection (a) or (c) of

this section shall, in accordance with such subsection (a) or (c)

of this section, be required to agree in a written confidentiality

agreement that he will not use the information for any purpose

other than the health needs asserted in the statement of need,

except as may otherwise be authorized by the terms of the agreement

or by the person providing such information. Nothing in this

subsection shall preclude the parties to a confidentiality

agreement from pursuing any remedies to the extent permitted by

law.

(e) Regulations

As soon as practicable after October 17, 1986, the Administrator

shall promulgate regulations describing criteria and parameters for

the statement of need under subsection (!1) (a) and (c) of this

section and the confidentiality agreement under subsection (d) of

this section.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 323, Oct. 17, 1986, 100 Stat.

1750.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11042, 11045 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsections".

-End-

-CITE-

42 USC Sec. 11044 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11044. Public availability of plans, data sheets, forms, and

followup notices

-STATUTE-

(a) Availability to public

Each emergency response plan, material safety data sheet, list

described in section 11021(a)(2) of this title, inventory form,

toxic chemical release form, and followup emergency notice shall be

made available to the general public, consistent with section 11042

of this title, during normal working hours at the location or

locations designated by the Administrator, Governor, State

emergency response commission, or local emergency planning

committee, as appropriate. Upon request by an owner or operator of

a facility subject to the requirements of section 11022 of this

title, the State emergency response commission and the appropriate

local emergency planning committee shall withhold from disclosure

under this section the location of any specific chemical required

by section 11022(d)(2) of this title to be contained in an

inventory form as tier II information.

(b) Notice of public availability

Each local emergency planning committee shall annually publish a

notice in local newspapers that the emergency response plan,

material safety data sheets, and inventory forms have been

submitted under this section. The notice shall state that followup

emergency notices may subsequently be issued. Such notice shall

announce that members of the public who wish to review any such

plan, sheet, form, or followup notice may do so at the location

designated under subsection (a) of this section.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 324, Oct. 17, 1986, 100 Stat.

1752.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11001, 11021, 11022,

11023, 11046 of this title.

-End-

-CITE-

42 USC Sec. 11045 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11045. Enforcement

-STATUTE-

(a) Civil penalties for emergency planning

The Administrator may order a facility owner or operator (except

an owner or operator of a facility designated under section

11002(b)(2) of this title) to comply with section 11002(c) of this

title and section 11003(d) of this title. The United States

district court for the district in which the facility is located

shall have jurisdiction to enforce the order, and any person who

violates or fails to obey such an order shall be liable to the

United States for a civil penalty of not more than $25,000 for each

day in which such violation occurs or such failure to comply

continues.

(b) Civil, administrative, and criminal penalties for emergency

notification

(1) Class I administrative penalty

(A) A civil penalty of not more than $25,000 per violation may

be assessed by the Administrator in the case of a violation of

the requirements of section 11004 of this title.

(B) No civil penalty may be assessed under this subsection

unless the person accused of the violation is given notice and

opportunity for a hearing with respect to the violation.

(C) In determining the amount of any penalty assessed pursuant

to this subsection, the Administrator shall take into account the

nature, circumstances, extent and gravity of the violation or

violations and, with respect to the violator, ability to pay, any

prior history of such violations, the degree of culpability,

economic benefit or savings (if any) resulting from the

violation, and such other matters as justice may require.

(2) Class II administrative penalty

A civil penalty of not more than $25,000 per day for each day

during which the violation continues may be assessed by the

Administrator in the case of a violation of the requirements of

section 11004 of this title. In the case of a second or

subsequent violation the amount of such penalty may be not more

than $75,000 for each day during which the violation continues.

Any civil penalty under this subsection shall be assessed and

collected in the same manner, and subject to the same provisions,

as in the case of civil penalties assessed and collected under

section 2615 of title 15. In any proceeding for the assessment of

a civil penalty under this subsection the Administrator may issue

subpoenas for the attendance and testimony of witnesses and the

production of relevant papers, books, and documents and may

promulgate rules for discovery procedures.

(3) Judicial assessment

The Administrator may bring an action in the United States

District (!1) court for the appropriate district to assess and

collect a penalty of not more than $25,000 per day for each day

during which the violation continues in the case of a violation

of the requirements of section 11004 of this title. In the case

of a second or subsequent violation, the amount of such penalty

may be not more than $75,000 for each day during which the

violation continues.

(4) Criminal penalties

Any person who knowingly and willfully fails to provide notice

in accordance with section 11004 of this title shall, upon

conviction, be fined not more than $25,000 or imprisoned for not

more than two years, or both (or in the case of a second or

subsequent conviction, shall be fined not more than $50,000 or

imprisoned for not more than five years, or both).

(c) Civil and administrative penalties for reporting requirements

(1) Any person (other than a governmental entity) who violates

any requirement of section 11022 or 11023 of this title shall be

liable to the United States for a civil penalty in an amount not to

exceed $25,000 for each such violation.

(2) Any person (other than a governmental entity) who violates

any requirement of section 11021 or 11043(b) of this title, and any

person who fails to furnish to the Administrator information

required under section 11042(a)(2) of this title shall be liable to

the United States for a civil penalty in an amount not to exceed

$10,000 for each such violation.

(3) Each day a violation described in paragraph (1) or (2)

continues shall, for purposes of this subsection, constitute a

separate violation.

(4) The Administrator may assess any civil penalty for which a

person is liable under this subsection by administrative order or

may bring an action to assess and collect the penalty in the United

States district court for the district in which the person from

whom the penalty is sought resides or in which such person's

principal place of business is located.

(d) Civil, administrative, and criminal penalties with respect to

trade secrets

(1) Civil and administrative penalty for frivolous claims

If the Administrator determines -

(A)(i) under section 11042(d)(4) of this title that an

explanation submitted by a trade secret claimant presents

insufficient assertions to support a finding that a specific

chemical identity is a trade secret, or (ii) after receiving

supplemental supporting detailed information under section

11042(d)(3)(A) of this title, that the specific chemical

identity is not a trade secret; and

(B) that the trade secret claim is frivolous,

the trade secret claimant is liable for a penalty of $25,000 per

claim. The Administrator may assess the penalty by administrative

order or may bring an action in the appropriate district court of

the United States to assess and collect the penalty.

(2) Criminal penalty for disclosure of trade secret information

Any person who knowingly and willfully divulges or discloses

any information entitled to protection under section 11042 of

this title shall, upon conviction, be subject to a fine of not

more than $20,000 or to imprisonment not to exceed one year, or

both.

(e) Special enforcement provisions for section 11043

Whenever any facility owner or operator required to provide

information under section 11043 of this title to a health

professional who has requested such information fails or refuses to

provide such information in accordance with such section, such

health professional may bring an action in the appropriate United

States district court to require such facility owner or operator to

provide the information. Such court shall have jurisdiction to

issue such orders and take such other action as may be necessary to

enforce the requirements of section 11043 of this title.

(f) Procedures for administrative penalties

(1) Any person against whom a civil penalty is assessed under

this section may obtain review thereof in the appropriate district

court of the United States by filing a notice of appeal in such

court within 30 days after the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the Administrator. The Administrator shall promptly file in such

court a certified copy of the record upon which such violation was

found or such penalty imposed. If any person fails to pay an

assessment of a civil penalty after it has become a final and

unappealable order or after the appropriate court has entered final

judgment in favor of the United States, the Administrator may

request the Attorney General of the United States to institute a

civil action in an appropriate district court of the United States

to collect the penalty, and such court shall have jurisdiction to

hear and decide any such action. In hearing such action, the court

shall have authority to review the violation and the assessment of

the civil penalty on the record.

(2) The Administrator may issue subpoenas for the attendance and

testimony of witnesses and the production of relevant papers,

books, or documents in connection with hearings under this section.

In case of contumacy or refusal to obey a subpoena issued pursuant

to this paragraph and served upon any person, the district court of

the United States for any district in which such person is found,

resides, or transacts business, upon application by the United

States and after notice to such person, shall have jurisdiction to

issue an order requiring such person to appear and give testimony

before the administrative law judge or to appear and produce

documents before the administrative law judge, or both, and any

failure to obey such order of the court may be punished by such

court as a contempt thereof.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 325, Oct. 17, 1986, 100 Stat.

1753.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13106 of this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Sec. 11046 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11046. Civil actions

-STATUTE-

(a) Authority to bring civil actions

(1) Citizen suits

Except as provided in subsection (e) of this section, any

person may commence a civil action on his own behalf against the

following:

(A) An owner or operator of a facility for failure to do any

of the following:

(i) Submit a followup emergency notice under section

11004(c) of this title.

(ii) Submit a material safety data sheet or a list under

section 11021(a) of this title.

(iii) Complete and submit an inventory form under section

11022(a) of this title containing tier I information as

described in section 11022(d)(1) of this title unless such

requirement does not apply by reason of the second sentence

of section 11022(a)(2) of this title.

(iv) Complete and submit a toxic chemical release form

under section 11023(a) of this title.

(B) The Administrator for failure to do any of the following:

(i) Publish inventory forms under section 11022(g) of this

title.

(ii) Respond to a petition to add or delete a chemical

under section 11023(e)(1) of this title within 180 days after

receipt of the petition.

(iii) Publish a toxic chemical release form under 11023(g)

(!1) of this title.

(iv) Establish a computer database in accordance with

section 11023(j) of this title.

(v) Promulgate trade secret regulations under section

11042(c) of this title.

(vi) Render a decision in response to a petition under

section 11042(d) of this title within 9 months after receipt

of the petition.

(C) The Administrator, a State Governor, or a State emergency

response commission, for failure to provide a mechanism for

public availability of information in accordance with section

11044(a) of this title.

(D) A State Governor or a State emergency response commission

for failure to respond to a request for tier II information

under section 11022(e)(3) of this title within 120 days after

the date of receipt of the request.

(2) State or local suits

(A) Any State or local government may commence a civil action

against an owner or operator of a facility for failure to do any

of the following:

(i) Provide notification to the emergency response commission

in the State under section 11002(c) of this title.

(ii) Submit a material safety data sheet or a list under

section 11021(a) of this title.

(iii) Make available information requested under section

11021(c) of this title.

(iv) Complete and submit an inventory form under section

11022(a) of this title containing tier I information unless

such requirement does not apply by reason of the second

sentence of section 11022(a)(2) of this title.

(B) Any State emergency response commission or local emergency

planning committee may commence a civil action against an owner

or operator of a facility for failure to provide information

under section 11003(d) of this title or for failure to submit

tier II information under section 11022(e)(1) of this title.

(C) Any State may commence a civil action against the

Administrator for failure to provide information to the State

under section 11042(g) of this title.

(b) Venue

(1) Any action under subsection (a) of this section against an

owner or operator of a facility shall be brought in the district

court for the district in which the alleged violation occurred.

(2) Any action under subsection (a) of this section against the

Administrator may be brought in the United States District Court

for the District of Columbia.

(c) Relief

The district court shall have jurisdiction in actions brought

under subsection (a) of this section against an owner or operator

of a facility to enforce the requirement concerned and to impose

any civil penalty provided for violation of that requirement. The

district court shall have jurisdiction in actions brought under

subsection (a) of this section against the Administrator to order

the Administrator to perform the act or duty concerned.

(d) Notice

(1) No action may be commenced under subsection (a)(1)(A) of this

section prior to 60 days after the plaintiff has given notice of

the alleged violation to the Administrator, the State in which the

alleged violation occurs, and the alleged violator. Notice under

this paragraph shall be given in such manner as the Administrator

shall prescribe by regulation.

(2) No action may be commenced under subsection (a)(1)(B) or

(a)(1)(C) of this section prior to 60 days after the date on which

the plaintiff gives notice to the Administrator, State Governor, or

State emergency response commission (as the case may be) that the

plaintiff will commence the action. Notice under this paragraph

shall be given in such manner as the Administrator shall prescribe

by regulation.

(e) Limitation

No action may be commenced under subsection (a) of this section

against an owner or operator of a facility if the Administrator has

commenced and is diligently pursuing an administrative order or

civil action to enforce the requirement concerned or to impose a

civil penalty under this Act with respect to the violation of the

requirement.

(f) Costs

The court, in issuing any final order in any action brought

pursuant to this section, may award costs of litigation (including

reasonable attorney and expert witness fees) to the prevailing or

the substantially prevailing party whenever the court determines

such an award is appropriate. The court may, if a temporary

restraining order or preliminary injunction is sought, require the

filing of a bond or equivalent security in accordance with the

Federal Rules of Civil Procedure.

(g) Other rights

Nothing in this section shall restrict or expand any right which

any person (or class of persons) may have under any Federal or

State statute or common law to seek enforcement of any requirement

or to seek any other relief (including relief against the

Administrator or a State agency).

(h) Intervention

(1) By the United States

In any action under this section the United States or the

State, or both, if not a party, may intervene as a matter of

right.

(2) By persons

In any action under this section, any person may intervene as a

matter of right when such person has a direct interest which is

or may be adversely affected by the action and the disposition of

the action may, as a practical matter, impair or impede the

person's ability to protect that interest unless the

Administrator or the State shows that the person's interest is

adequately represented by existing parties in the action.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 326, Oct. 17, 1986, 100 Stat.

1755.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (e), is Pub. L. 99-499, Oct. 17,

1986, 100 Stat. 1613, as amended, known as the Superfund Amendments

and Reauthorization Act of 1986. For complete classification of

this Act to the Code, see Short Title of 1986 Amendment note set

out under section 9601 of this title and Tables.

The Federal Rules of Civil Procedure, referred to in subsec. (f),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13106 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "section".

-End-

-CITE-

42 USC Sec. 11047 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11047. Exemption

-STATUTE-

Except as provided in section 11004 of this title, this chapter

does not apply to the transportation, including the storage

incident to such transportation, of any substance or chemical

subject to the requirements of this chapter, including the

transportation and distribution of natural gas.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 327, Oct. 17, 1986, 100 Stat.

1757.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11004 of this title.

-End-

-CITE-

42 USC Sec. 11048 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11048. Regulations

-STATUTE-

The Administrator may prescribe such regulations as may be

necessary to carry out this chapter.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 328, Oct. 17, 1986, 100 Stat.

1757.)

-End-

-CITE-

42 USC Sec. 11049 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11049. Definitions

-STATUTE-

For purposes of this chapter -

(1) Administrator

The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(2) Environment

The term "environment" includes water, air, and land and the

interrelationship which exists among and between water, air, and

land and all living things.

(3) Extremely hazardous substance

The term "extremely hazardous substance" means a substance on

the list described in section 11002(a)(2) of this title.

(4) Facility

The term "facility" means all buildings, equipment, structures,

and other stationary items which are located on a single site or

on contiguous or adjacent sites and which are owned or operated

by the same person (or by any person which controls, is

controlled by, or under common control with, such person). For

purposes of section 11004 of this title, the term includes motor

vehicles, rolling stock, and aircraft.

(5) Hazardous chemical

The term "hazardous chemical" has the meaning given such term

by section 11021(e) of this title.

(6) Material safety data sheet

The term "material safety data sheet" means the sheet required

to be developed under section 1910.1200(g) of title 29 of the

Code of Federal Regulations, as that section may be amended from

time to time.

(7) Person

The term "person" means any individual, trust, firm, joint

stock company, corporation (including a government corporation),

partnership, association, State, municipality, commission,

political subdivision of a State, or interstate body.

(8) Release

The term "release" means any spilling, leaking, pumping,

pouring, emitting, emptying, discharging, injecting, escaping,

leaching, dumping, or disposing into the environment (including

the abandonment or discarding of barrels, containers, and other

closed receptacles) of any hazardous chemical, extremely

hazardous substance, or toxic chemical.

(9) State

The term "State" means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the United States Virgin Islands, the Northern

Mariana Islands, and any other territory or possession over which

the United States has jurisdiction.

(10) Toxic chemical

The term "toxic chemical" means a substance on the list

described in section 11023(c) of this title.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 329, Oct. 17, 1986, 100 Stat.

1757.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13102 of this title.

-End-

-CITE-

42 USC Sec. 11050 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 11050. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for fiscal years

beginning after September 30, 1986, such sums as may be necessary

to carry out this chapter.

-SOURCE-

(Pub. L. 99-499, title III, Sec. 330, Oct. 17, 1986, 100 Stat.

1758.)

-End-