Loading (50 kb)...'

National
United States
42 USC CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

-CITE-
42 USC CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW 01/19/04

-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-


-CITE-
42 USC SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION 01/19/04

-EXPCITE-
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 01/19/04

-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-



-CITE-
42 USC Sec. 11002 01/19/04

-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. 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 01/19/04

-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. 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-



-CITE-
42 USC Sec. 11004 01/19/04

-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-



-CITE-
42 USC Sec. 11005 01/19/04

-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. 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 01/19/04

-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 01/19/04

-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 01/19/04

-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 thefacility (continued)