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42 U.S.C. § 11044 — Public availability of plans, data sheets, forms, and followup notices

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

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Stable record: federal_law:legal_authorities:record_usc_6b9e877728a551d06019fe76
Source file: Laws/federal/codes/united-states-code/title-42/section-11044-public-availability-of-plans-data-sheets-forms-and-followup-notices--3a3a087baf.md
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Source location: Title 42, Chapter 116, § 11044; chapter-116-emergency-planning-and-community-right-to-know.md

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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. § 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) 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 ma

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11001

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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11021

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

42 U.S.C. § 11044 — Public availability of plans, data sheets,

Page 8110 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11044 1 So in original. Probably should be ‘‘subsections’’. 1 So in original. Probably should not be capitalized. subsection (a) or (c), 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 sub- section shall preclude the parties to a confiden- tiality 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 state- ment of need under subsection 1 (a) and (c) and the confidentiality agreement under subsection (d). (Pub. L. 99–499, title III, § 323, Oct. 17, 1986, 100 Stat. 1750.) § 11044. Public availability of plans, data sheets, forms, and followup notices (a) Availability to public Each emergency response plan, material safe- ty data sheet, list described in section 11021(a)(2) of this title, inventory form, toxic chemical re- lease form, and followup emergency notice shall be made available to the general public, con- sistent with section 11042 of this title, during normal working hours at the location or loca- tions designated by the Administrator, Gov- ernor, State emergency response commission, or local emergency planning committee, as appro- priate. 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 emer- gency planning committee shall withhold from di

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11044

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42 U.S.C. § 11044 — Public availability of plans, data sheets, forms, and followup notices

42 U.S.C. § 11044 — Public availability of plans, data sheets, forms, and followup notices

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Cross-references

42 U.S.C. § 11022 — Emergency and hazardous chemical inven­tory forms

42 U.S.C. § 11042 — Trade secrets

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

42 U.S.C. § 11021 — Material safety data sheets

42 U.S.C. § 11044 — Public availability of plans, data sheets,

42 U.S.C. § 11022 — Emergency and hazardous chemical inventory forms