42 U.S.C. § 11043 — Provision of information to health pro-

Page 8109 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11043 2 So in original. Probably should be ‘‘limitation’’. (i) Information provided to Congress Notwithstanding any limitatio 2 contained in this section or any other provision of law, all in- formation reported to or otherwise obtained by the Administrator (or any representative of the Administrator) under this chapter shall be made available to a duly authorized committee of the Congress upon written request by such a com- mittee. (Pub. L. 99–499, title III, § 322, Oct. 17, 1986, 100 Stat. 1747.) § 11043. Provision of information to health pro- fessionals, doctors, and nurses (a) Diagnosis or treatment by health professional An owner or operator of a facility which is subject to the requirements of section 11021, 11022, or 11023 of this title shall provide the spe- cific chemical identity, if known, of a hazardous chemical, extremely hazardous substance, or a toxic chemical to any health professional who requests such information in writing if the health professional provides a written statement of need under this subsection and a written con- fidentiality agreement under subsection (d). The written statement of need shall be a statement that the health professional has a reasonable basis to suspect that— (1) the information is needed for purposes of diagnosis or treatment of an individual, (2) the individual or individuals being diag- nosed or treated have been exposed to the chemical concerned, and (3) knowledge of the specific chemical iden- tity of such chemical will assist in diagnosis or treatment. Following such a written request, the owner or operator to whom such request is made shall promptly provide the requested information to the health professional. The authority to with- hold the specific chemical identity of a chemical under section 11042 of this title when such infor- mation is a trade secret shall not apply to infor- mation required to be provided under this sub- section, subject to the provisions of subsection (d). (b) Medical emergency An owner or operator of a facility which is subject to the requirements of section 11021, 11022, or 11023 of this title shall provide a copy of a material safety data sheet, an inventory form, or a toxic chemical release form, includ- ing the specific chemical identity, if known, of a hazardous chemical, extremely hazardous sub- stance, or a toxic chemical, to any treating phy- sician or nurse who requests such information if such physician or nurse determines that— (1) a medical emergency exists, (2) the specific chemical identity of the chemical concerned is necessary for or will as- sist in emergency or first-aid diagnosis or treatment, and (3) the individual or individuals being diag- nosed or treated have been exposed to the chemical concerned. Immediately following such a request, the owner or operator to whom such request is made shall provide the requested information to the physi- cian or nurse. The authority to withhold the specific chemical identity of a chemical from a material safety data sheet, an inventory form, or a toxic chemical release form under section 11042 of this title when such information is a trade secret shall not apply to information re- quired to be provided to a treating physician or nurse under this subsection. No written con- fidentiality agreement or statement of need shall be required as a precondition of such dis- closure, but the owner or operator disclosing such information may require a written con- fidentiality agreement in accordance with sub- section (d) and a statement setting forth the items listed in paragraphs (1) through (3) as soon as circumstances permit. (c) Preventive measures by local health profes- sionals (1) Provision of information An owner or operator of a facility subject to the requirements of section 11021, 11022, or 11023 of this title shall provide the specific chemical identity, if known, of a hazardous chemical, an extremely hazardous substance, or a toxic chemical to any health professional (such as a physician, toxicologist, or epi- demiologist)— (A) who is a local government employee or a person under contract with the local gov- ernment, and (B) who requests such information in writ- ing and provides a written statement of need under paragraph (2) and a written confiden- tiality agreement under subsection (d). Following such a written request, the owner or operator to whom such request is made shall promptly provide the requested information to the local health professional. The authority to withhold the specific chemical identity of a chemical under section 11042 of this title when such information is a trade secret shall not apply to information required to be provided under this subsection, subject to the provi- sions of subsection (d). (2) Written statement of need The written statement of need shall be a statement that describes with reasonable de- tail one or more of the following health needs for the information: (A) To assess exposure of persons living in a local community to the hazards of the chemical concerned. (B) To conduct or assess sampling to deter- mine exposure levels of various population groups. (C) To conduct periodic medical surveil- lance of exposed population groups. (D) To provide medical treatment to ex- posed individuals or population groups. (E) To conduct studies to determine the health effects of exposure. (F) To conduct studies to aid in the identi- fication of a chemical that may reasonably be anticipated to cause an observed health effect. (d) Confidentiality agreement Any person obtaining information under sub- section (a) or (c) shall, in accordance with such 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 disclosure under this section the location of any specific chemical required by section 11022(d)(2) of this title 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 news- papers that the emergency response plan, mate- rial safety data sheets, and inventory forms have been submitted under this section. The no- tice 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 at the location designated under subsection (a). (Pub. L. 99–499, title III, § 324, Oct. 17, 1986, 100 Stat. 1752.) § 11045. Enforcement (a) Civil penalties for emergency planning The Administrator may order a facility owner or operator (except an owner or operator of a fa- cility designated under section 11002(b)(2) of this title) to comply with section 11002(c) of this title and section 11003(d) of this title. The United States district court for the district in which the facility is located shall have jurisdiction to enforce the order, and any person who violates or fails to obey such an order shall be liable to the United States for a civil penalty of not more than $25,000 for each day in which such violation occurs or such failure to comply continues. (b) Civil, administrative, and criminal penalties for emergency notification (1) Class I administrative penalty (A) A civil penalty of not more than $25,000 per violation may be assessed by the Adminis- trator in the case of a violation of the require- ments of section 11004 of this title. (B) No civil penalty may be assessed under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation. (C) In determining the amount of any pen- alty assessed pursuant to this subsection, the Administrator shall take into account the na- ture, circumstances, extent and gravity of the violation or violations and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, eco- nomic benefit or savings (if any) resulting from the violation, and such other matters as justice may require. (2) Class II administrative penalty A civil penalty of not more than $25,000 per day for each day during which the violation continues may be assessed by the Adminis- trator in the case of a violation of the require- ments of section 11004 of this title. In the case of a second or subsequent violation the amount of such penalty may be not more than $75,000 for each day during which the violation continues. Any civil penalty under this sub- section shall be assessed and collected in the same manner, and subject to the same provi- sions, as in the case of civil penalties assessed and collected under section 2615 of title 15. In any proceeding for the assessment of a civil penalty under this subsection the Adminis- trator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery proce- dures. (3) Judicial assessment The Administrator may bring an action in the United States District 1 court for the ap- propriate district to assess and collect a pen- alty of not more than $25,000 per day for each day during which the violation continues in the case of a violation of the requirements of section 11004 of this title. In the case of a sec- ond or subsequent violation, the amount of such penalty may be not more than $75,000 for each day during which the violation con- tinues. (4) Criminal penalties Any person who knowingly and willfully fails to provide notice in accordance with sec- tion 11004 of this title shall, upon conviction, be fined not more than $25,000 or imprisoned for not more than two years, or both (or in the