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42 U.S.C. § 11001 — Establishment of State commissions, planning districts, and local committees

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11001 — Establishment of State commissions, planning districts, and local committees

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Stable record: federal_law:legal_authorities:record_usc_0aba4d7f88c35d7e54f26520
Source file: Laws/federal/codes/united-states-code/title-42/section-11001-establishment-of-state-commissions-planning-districts-and-local-committe--ead258aeaa.md
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Source location: Title 42, Chapter 116, § 11001; chapter-116-emergency-planning-and-community-right-to-know.md

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**(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim), including tier II information under [section 11022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11022&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim), including tier II information under [section 11022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11022&num=0&edition=prelim). 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) as it deems appropriate. Interested persons may petition the State emergency response commission to modify the membership of a local emergency planning committee.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit. (4) The term “claim” means a demand in writing for a sum certain. (5) The term “claimant” means any person who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11021/a/2&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11042&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11022&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11022/d/2&num=0&edition=prelim) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11044

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) 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)) 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)) 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 haz

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11022

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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), 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), (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), 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), an

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11042

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13108 — Savings provisions

**(a)** Nothing in this chapter shall be construed to modify or interfere with the implementation of title III of the Superfund Amendments and Reauthorization Act of 1986 [[42 U.S.C. 11001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001&num=0&edition=prelim) et seq.]. **(b)** Nothing contained in this chapter shall be construed, interpreted or applied to supplant, displace, preempt or otherwise diminish the responsibilities and liabilities under other State or Federal law, whether statutory or common.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13108

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300i–2 — Community water system risk and resilience

**(a) Risk and resilience assessments** (1) **In general** — Each community water system serving a population of greater than 3,300 persons shall conduct an assessment of the risks to, and resilience of, its system. Such an assessment— (A) shall include an assessment of— (i) the risk to the system from malevolent acts and natural hazards; (ii) the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; (iii) the monitoring practices of the system; (iv) the financial infrastructure of the system; (v) the use, storage, or handling of various chemicals by the system; and (vi) the operation and maintenance of the system; and (B) may include an evaluation of capital and operational needs for risk and resilience management for the system. (2) **Baseline information** — The Administrator, not later than August 1, 2019, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall provide baseline information on malevolent acts of relevance to community water systems, which shall include consideration of acts that may— (A) substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water; or (B) otherwise present significant public health or economic concerns to the community served by the system. (3) **Certification** (A) *Certification* — Each community water system described in paragraph (1) shall submit to the Administrator a certification that the system has conducted an assessmen

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300i–2

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7412 — Hazardous air pollutants

**(a) Definitions** For purposes of this section, except subsection (r)— (1) **Major source** — The term “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors. (2) **Area source** — The term “area source” means any stationary source of hazardous air pollutants that is not a major source. For purposes of this section, the term “area source” shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II. (3) **Stationary source** — The term “stationary source” shall have the same meaning as such term has under [section 7411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a&num=0&edition=prelim). (4) **New source** — The term “new source” means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source. (5) **Modification** — The term “modification” means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7412

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9604 — Response authorities

**(a) Removal and other remedial action by President; applicability of national contingency plan; response by potentially responsible parties; public health threats; limitations on response; exception** (1) Whenever (A) any hazardous substance is released or there is a substantial threat of such a release into the environment, or (B) there is a release or substantial threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare, the President is authorized to act, consistent with the national contingency plan, to remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource), or take any other response measure consistent with the national contingency plan which the President deems necessary to protect the public health or welfare or the environment. When the President determines that such action will be done properly and promptly by the owner or operator of the facility or vessel or by any other responsible party, the President may allow such person to carry out the action, conduct the remedial investigation, or conduct the feasibility study in accordance with [section 9622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622&num=0&edition=prelim). No remedial investigation or feasibility study (RI/FS) shall be authorized except on a determination by the President that the party is qualified to conduct the RI/FS and only if the President contracts with or arranges for a qualified person to assist the President in overseeing and reviewing the conduct of such RI/FS and if the responsible party

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9604

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9620 — Federal facilities

**(a) Application of chapter to Federal Government** (1) **In general** — Each department, agency, and instrumentality of the United States (including the executive, legislative, and judicial branches of government) shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim). Nothing in this section shall be construed to affect the liability of any person or entity under sections 9606 and 9607 of this title. (2) **Application of requirements to Federal facilities** — All guidelines, rules, regulations, and criteria which are applicable to preliminary assessments carried out under this chapter for facilities at which hazardous substances are located, applicable to evaluations of such facilities under the National Contingency Plan, applicable to inclusion on the National Priorities List, or applicable to remedial actions at such facilities shall also be applicable to facilities which are owned or operated by a department, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations, and criteria are applicable to other facilities. No department, agency, or instrumentality of the United States may adopt or utilize any such guidelines, rules, regulations, or criteria which are inconsistent with the guidelines, rules, regulations, and criteria established by the Administrator under this chapter. (3) **Exceptions** — This subsection shall not apply to the extent otherwise provided in this section with respect to applicable time periods. This subsection sha

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9620

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