42 U.S.C. § 11001 — Establishment of State commissions,

Page 8094 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10904 Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the Virgin Islands, the Common- wealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Mi- cronesia, and Palau. (Pub. L. 99–425, title VI, § 604, Sept. 30, 1986, 100 Stat. 976; Pub. L. 101–501, title V, § 502, Nov. 3, 1990, 104 Stat. 1256.) Editorial Notes AMENDMENTS 1990—Par. (1). Pub. L. 101–501, § 502(1), substituted ‘‘130 percent of the lower living standard income level’’ for ‘‘poverty line, as defined in section 9902(2) of this title’’. Pars. (2) to (4). Pub. L. 101–501, § 502(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title. EFFECTIVE DATE Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amend- ment note under section 8621 of this title. § 10904. Annual report by States; contents; man- ner of payments pursuant to grants (a) Reporting Each State receiving grants under this chap- ter shall annually submit to the Secretary infor- mation on the number of eligible individuals as- sisted under the grant program, and their posi- tions and salaries before and after receiving the Child Development Associate credential. (b) Payments Payments pursuant to grants made under this chapter may be made in installments, and in ad- vance or by way of reimbursement, with nec- essary adjustments on account of overpayments or underpayments, as the Secretary may deter- mine. (Pub. L. 99–425, title VI, § 605, Sept. 30, 1986, 100 Stat. 977.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amend- ment note under section 8621 of this title. § 10905. Authorization of appropriations There are authorized to be appropriated to carry out this chapter such sums as may be nec- essary for fiscal year 1995. (Pub. L. 99–425, title VI, § 606, Sept. 30, 1986, 100 Stat. 977; Pub. L. 101–501, title V, § 503, Nov. 3, 1990, 104 Stat. 1256; Pub. L. 103–252, title I, § 124, May 18, 1994, 108 Stat. 650.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–252 substituted ‘‘to carry out this chapter such sums as may be necessary for fiscal year 1995’’ for ‘‘$1,500,000 for fiscal year 1990, $3,000,000 for fis- cal year 1991, and such sums as may be necessary for fiscal years 1992, 1993, and 1994 for carrying out this chapter’’. 1990—Pub. L. 101–501 substituted ‘‘are authorized’’ for ‘‘is authorized’’, inserted ‘‘, $3,000,000 for fiscal year 1991, and such sums as may be necessary for fiscal years 1992, 1993, and 1994’’ after ‘‘1990’’, and directed the sub- stitution of ‘‘fiscal year’’ for ‘‘each of the fiscal years 1987, 1988, and 1989, and’’, which was executed by mak- ing the substitution for ‘‘each of the fiscal years 1987, 1988, 1989, and’’ to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–252 effective May 18, 1994, but not applicable to Head Start agencies and other re- cipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 of Pub. L. 103–252, set out as a note under section 9832 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title. EFFECTIVE DATE Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amend- ment note under section 8621 of this title. CHAPTER 116—EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW SUBCHAPTER I—EMERGENCY PLANNING AND NOTIFICATION Sec. 11001. Establishment of State commissions, plan- ning districts, and local committees. 11002. Substances and facilities covered and notifi- cation. 11003. Comprehensive emergency response plans. 11004. Emergency notification. 11005. Emergency training and review of emergency systems. SUBCHAPTER II—REPORTING REQUIREMENTS 11021. Material safety data sheets. 11022. Emergency and hazardous chemical inventory forms. 11023. Toxic chemical release forms. SUBCHAPTER III—GENERAL PROVISIONS 11041. Relationship to other law. 11042. Trade secrets. 11043. Provision of information to health profes- sionals, doctors, and nurses. 11044. Public availability of plans, data sheets, forms, and followup notices. 11045. Enforcement. 11046. Civil actions. 11047. Exemption. 11048. Regulations. 11049. Definitions. 11050. Authorization of appropriations. SUBCHAPTER I—EMERGENCY PLANNING AND NOTIFICATION § 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 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.