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(continued)
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 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
SUBCHAPTER II - REPORTING REQUIREMENTS

-HEAD-
Sec. 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 01/19/04

-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 01/19/04

-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 01/19/04

-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 01/19/04

-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 (continued)