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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
SUBCHAPTER I--EMERGENCY PLANNING AND NOTIFICATION
SUBCHAPTER II--REPORTING REQUIREMENTS
SUBCHAPTER III--GENERAL PROVISIONS
SUBCHAPTER I--EMERGENCY PLANNING AND NOTIFICATION
Sec. 11001. Establishment of State commissions, planning
districts, and local committees
(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.
(Pub. L. 99-499, title III, Sec. 301, Oct. 17, 1986, 100 Stat. 1729.)
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 11004, 11042 of this title;
title 49 sections 5115, 5116.
Sec. 11002. Substances and facilities covered and notification
(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
Administrators 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.
(Pub. L. 99-499, title III, Sec. 302, Oct. 17, 1986, 100 Stat. 1730.)
Section Referred to in Other Sections
This section is referred to in sections 7413, 11003, 11004, 11005,
11045, 11046, 11049 of this title.
Sec. 11003. Comprehensive emergency response plans
(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.
(Pub. L. 99-499, title III, Sec. 303, Oct. 17, 1986, 100 Stat. 1731.)
Section Referred to in Other Sections
This section is referred to in sections 11042, 11045, 11046 of this
title; title 49 section 5116.
Sec. 11004. Emergency notification
(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.
(Pub. L. 99-499, title III, Sec. 304, Oct. 17, 1986, 100 Stat. 1733.)
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.
Section Referred to in Other Sections
This section is referred to in sections 11002, 11003, 11045, 11046,
11047, 11049 of this title.
Sec. 11005. Emergency training and review of emergency systems
(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
Administrators 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
Administrators 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.
(Pub. L. 99-499, title III, Sec. 305, Oct. 17, 1986, 100 Stat. 1735.)
SUBCHAPTER II--REPORTING REQUIREMENTS
Sec. 11021. Material safety data sheets.
(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 Administrators
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.
(Pub. L. 99-499, title III, Sec. 311, Oct. 17, 1986, 100 Stat. 1736.)
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.
Section Referred to in Other Sections
This section is referred to in sections 11022, 11041, 11042, 11043,
11044, 11045, 11046, 11049 of this title.
Sec. 11022. Emergency and hazardous chemical inventory forms.
(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 Administrators 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.
(Pub. L. 99-499, title III, Sec. 312, Oct. 17, 1986, 100 Stat. 1738.)
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.
Section Referred to in Other Sections
This section is referred to in sections 11001, 11042, 11043, 11044,
11045, 11046 of this title.
Sec. 11023. Toxic chemical release forms.
(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 Administrators 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.
(Pub. L. 99-499, title III, Sec. 313, Oct. 17, 1986, 100 Stat. 1741.)
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 EPAs 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.
Section Referred to in Other Sections
This section is referred to in sections 11042, 11043, 11045, 11046,
11049, 13102, 13106 of this title.
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 11041. Relationship to other law.
(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.
(Pub. L. 99-499, title III, Sec. 321, Oct. 17, 1986, 100 Stat. 1747.)
Sec. 11042. Trade secrets.
(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 Administrators 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 Administrators
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.
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\1\ So in original. Probably should be ``claimant.
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(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.
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\2\ So in original. Probably should be ``limitation.
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(Pub. L. 99-499, title III, Sec. 322, Oct. 17, 1986, 100 Stat. 1747.)
Section Referred to in Other Sections
This section is referred to in sections 11043, 11044, 11045, 11046,
13106 of this title.
Sec. 11043. Provision of information to health professionals, doctors, and nurses.
(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.
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\1\ So in original. Probably should be ``subsections.
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(Pub. L. 99-499, title III, Sec. 323, Oct. 17, 1986, 100 Stat. 1750.)
Section Referred to in Other Sections
This section is referred to in sections 11042, 11045 of this title.
Sec. 11044. Public availability of plans, data sheets, forms, and followup notices.
(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.
(Pub. L. 99-499, title III, Sec. 324, Oct. 17, 1986, 100 Stat. 1752.)
Section Referred to in Other Sections
This section is referred to in sections 11001, 11021, 11022, 11023,
11046 of this title.
Sec. 11045. Enforcement.
(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.
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\1\ So in original. Probably should not be capitalized.
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(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 persons 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.
(Pub. L. 99-499, title III, Sec. 325, Oct. 17, 1986, 100 Stat. 1753.)
Section Referred to in Other Sections
This section is referred to in section 13106 of this title.
Sec. 11046. Civil actions.
(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.
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\1\ So in original. Probably should be preceded by ``section.
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(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 persons
ability to protect that interest unless the Administrator or the
State shows that the persons interest is adequately represented by
existing parties in the action.
(Pub. L. 99-499, title III, Sec. 326, Oct. 17, 1986, 100 Stat. 1755.)
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.
Section Referred to in Other Sections
This section is referred to in section 13106 of this title.
Sec. 11047. Exemption.
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.
(Pub. L. 99-499, title III, Sec. 327, Oct. 17, 1986, 100 Stat. 1757.)
Section Referred to in Other Sections
This section is referred to in section 11004 of this title.
Sec. 11048. Regulations.
The Administrator may prescribe such regulations as may be necessary
to carry out this chapter.
(Pub. L. 99-499, title III, Sec. 328, Oct. 17, 1986, 100 Stat. 1757.)
Sec. 11049. Definitions.
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.
(Pub. L. 99-499, title III, Sec. 329, Oct. 17, 1986, 100 Stat. 1757.)
Section Referred to in Other Sections
This section is referred to in section 13102 of this title.
Sec. 11050. Authorization of appropriations.
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.
(Pub. L. 99-499, title III, Sec. 330, Oct. 17, 1986, 100 Stat. 1758.)
