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42 U.S.C. § 11022 — Emergency and hazardous chemical inventory forms
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source location: Title 42, Chapter 116, § 11022; chapter-116-emergency-planning-and-community-right-to-know.md
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**(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 hazardous chemicals covered by this section below which no facility shall be subject to the provisions of this section. The threshold quantities may, in the Administrator’s discretion, be based on classes of chemicals or categories of facilities.
**(c) Hazardous chemicals covered** A hazardous chemical subject to the requirements of this section is any hazardous chemical for which a material safety data sheet or a listing is required under [section 11021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11021&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) 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):
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim).
**(e) Availability of tier II information**
(1) **Availability to State commissions, local committees, and fire departments** — Upon request by a State emergency response 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim) 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.
(4) **Availability to community water systems**
(A) *In general* — An affected community water system 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 affected community water system.
(B) *Definition* — In this paragraph, the term “affected community water system” means a community water system (as defined in [section 300f(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f/15&num=0&edition=prelim)) that receives supplies of drinking water from a source water area, delineated under [section 300j–13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300j-13&num=0&edition=prelim), in which a facility that is required to prepare and submit an inventory form under subsection (a)(1) is located.
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
**(a)** The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments.
**(b)** The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources—
(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;
(2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;
(3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under this chapter;
(4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions;
(5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems;
(6) by exploring ways to discover la
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 651
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 164
TITLE 29—LABOR
§ 651
Editorial Notes
AMENDMENTS
1978—Pub. L. 95–256 struck out ‘‘, not in excess of
$5,000,000 for any fiscal year,’’ after ‘‘sums’’.
1974—Pub. L. 93–259, § 28(a)(5), increased appropria-
tions authorization to $5,000,000 from $3,000,000.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93–259 effective May 1, 1974,
see section 29(a) of Pub. L. 93–259, set out as a note
under section 202 of this title.
Executive Documents
TRANSFER OF FUNCTIONS
Functions relating to age discrimination administra-
tion and enforcement vested by this section in Sec-
retary of Labor or Civil Service Commission trans-
ferred to Equal Employment Opportunity Commission
by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat.
3781, set out in the Appendix to Title 5, Government Or-
ganization and Employees, effective Jan. 1, 1979, as pro-
vided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978,
44 F.R. 1053.
CHAPTER 15—OCCUPATIONAL SAFETY AND
HEALTH
Sec.
651.
Congressional statement of findings and dec-
laration of purpose and policy.
652.
Definitions.
653.
Geographic applicability; judicial enforce-
ment; applicability to existing standards;
report to Congress on duplication and co-
ordination of Federal laws; workmen’s com-
pensation law or common law or statutory
rights, duties, or liabilities of employers
and employees unaffected.
654.
Duties of employers and employees.
655.
Standards.
656.
Administration.
657.
Inspections,
investigations,
and
record-
keeping.
658.
Citations.
659.
Enforcement procedures.
660.
Judicial review.
661.
Occupational Safety and Health Review Com-
mission.
662.
Injunction proceedings.
663.
Representation in civil litigation.
664.
Disclosure
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 651
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 651. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8101
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11022
Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is clas-
sified principally to chapter 15 (§ 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.
§ 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 mate-
rial 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 pro-
mulgated under that Act shall prepare and sub-
mit an emergency and hazardous chemical in-
ventory form (hereafter in this chapter referred
to as an ‘‘inventory form’’) to each of the fol-
lowing:
(A) The appropriate local emergency plan-
ning committee.
(B) The State emergency response commis-
sion.
(C) The fire department with jurisdiction
over the facility.
(2) The inventory form containing tier I infor-
mation (as described in subsection (d)(1)) shall
be submitted on or before March 1, 1988, and an-
nually 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 sub-
section (d)(2)) to the recipients described in
paragraph (1).
(3) An owner or operator may meet the re-
quirements of this section with respect to a haz-
ardous 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 mix-
ture which is a hazardous chemical. If more
t
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11022
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.