42 U.S.C. § 11002 — Substances and facilities covered and no-

Page 8095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11002 State emergency response commission. The Gov- ernor may designate as the State emergency re- sponse commission one or more existing emer- gency 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 commit- tees under subsection (c) and shall supervise and coordinate the activities of such committees. The State emergency response commission shall establish procedures for receiving and proc- essing 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 informa- tion. If the Governor of any State does not des- ignate 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 dis- tricts 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 implementa- tion of emergency plans. Where appropriate, the State emergency response commission may des- ignate existing political subdivisions or multi- jurisdictional planning organizations as such districts. In emergency planning areas that in- volve more than one State, the State emergency response commissions of all potentially affected States may designate emergency planning dis- tricts and local emergency planning committees by agreement. In making such designation, the State emergency response commission shall in- dicate which facilities subject to the require- ments of this subchapter are within such emer- gency 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 com- mittee 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, fire- fighting, first aid, health, local environmental, hospital, and transportation personnel; broad- cast and print media; community groups; and owners and operators of facilities subject to the requirements of this subchapter. Such com- mittee shall appoint a chairperson and shall es- tablish rules by which the committee shall func- tion. Such rules shall include provisions for pub- lic 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 informa- tion under section 11044 of this title, including tier II information under section 11022 of this title. Such procedures shall include the designa- tion of an official to serve as coordinator for in- formation. (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 emer- gency response commission to modify the mem- bership of a local emergency planning com- mittee. (Pub. L. 99–499, title III, § 301, Oct. 17, 1986, 100 Stat. 1729.) Statutory Notes and Related Subsidiaries 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 Pub. L. 99–499, title III, § 300(a), Oct. 17, 1986, 100 Stat. 1728, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Emergency Planning and Commu- nity Right-To-Know Act of 1986’.’’ Executive Documents 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 re- voked by Ex. Ord. No. 13148, § 901, Apr. 21, 2000, 65 F.R. 24604, formerly set out as a note under section 4321 of this title. § 11002. Substances and facilities covered and no- tification (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 Ad- ministrator shall publish a list of extremely hazardous substances. The list shall be the same as the list of substances published in No- vember 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 para- graph (2) is published the Administrator shall— (i) publish an interim final regulation es- tablishing a threshold planning quantity for each substance on the list, taking into ac- count the criteria described in paragraph (4), and (ii) initiate a rulemaking in order to pub- lish final regulations establishing a thresh- old planning quantity for each substance on the list. (B) The threshold planning quantities may, at the Administrator’s discretion, be based on classes of chemicals or categories of facilities. Page 8096 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11003 (C) If the Administrator fails to publish an interim final regulation establishing a thresh- old 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, vol- atility, 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 ex- posure 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 re- ferred to in subsection (a) is present at the facil- ity in an amount in excess of the threshold plan- ning quantity established for such substance. (2) For purposes of emergency planning, a Gov- ernor or a State emergency response commis- sion may designate additional facilities which shall be subject to the requirements of this sub- chapter, if such designation is made after public notice and opportunity for comment. The Gov- ernor or State emergency response commission shall notify the facility concerned of any facil- ity designation under this paragraph. (c) Emergency planning notification Not later than seven months after October 17, 1986, the owner or operator of each facility sub- ject to the requirements of this subchapter by reason of subsection (b)(1) 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 sub- chapter. Thereafter, if a substance on the list of extremely hazardous substances referred to in subsection (a) first becomes present at such fa- cility in excess of the threshold planning quan- tity 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 re- sponse commission and the local emergency planning committee within 60 days after such acquisition or revision that such facility is sub- ject to the requirements of this subchapter. (d) Notification of Administrator The State emergency response commission shall notify the Administrator of facilities sub- ject to the requirements of this subchapter by notifying the Administrator of— (1) each notification received from a facility under subsection (c), and (2) each facility designated by the Governor or State emergency response commission under subsection (b)(2). (Pub. L. 99–499, title III, § 302, Oct. 17, 1986, 100 Stat. 1730.) § 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 fre- quently as changed circumstances in the com- munity 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 emer- gency plan, and shall make recommendations with respect to additional resources that may be required and the means for providing such addi- tional 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 with- in the emergency planning district, identifica- tion of routes likely to be used for the trans- portation of substances on the list of ex- tremely hazardous substances referred to in section 11002(a) of this title, and identification of additional facilities contributing or sub- jected to additional risk due to their prox- imity to facilities subject to the requirements of this subchapter, such as hospitals or nat- ural gas facilities. (2) Methods and procedures to be followed by facility owners and operators and local emer- gency and medical personnel to respond to any release of such substances. (3) Designation of a community emergency coordinator and facility emergency coordina- tors, who shall make determinations nec- essary to implement the plan. (4) Procedures providing reliable, effective, and timely notification by the facility emer- gency coordinators and the community emer- gency coordinator to persons designated in the emergency plan, and to the public, that a re- lease has occurred (consistent with the emer- gency 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 re- quirements of this subchapter, and an identi- fication of the persons responsible for such equipment and facilities. (7) Evacuation plans, including provisions for a precautionary evacuation and alter- native 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: