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

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 than one mixture has the same element or compound, only one listing on the inventory form for the element or compound at the facil- ity 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 sub- ject to the provisions of this section. The threshold quantities may, in the Administra- tor’s discretion, be based on classes of chemicals or categories of facilities. (c) Hazardous chemicals covered A hazardous chemical subject to the require- ments of this section is any hazardous chemical for which a material safety data sheet or a list- ing is required under section 11021 of this title. (d) Contents of form (1) Tier I information (A) Aggregate information by category An inventory form shall provide the infor- mation described in subparagraph (B) in ag- gregate 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 et seq.] and regulations promulgated under that Act. (B) Required information The information referred to in subpara- graph (A) is the following: (i) An estimate (in ranges) of the max- imum 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 aver- age 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 Oc- cupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations pro- mulgated under that Act by requiring in- formation to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency, or (ii) require reporting on individual haz- ardous chemicals of special concern to emergency response personnel. (2) Tier II information An inventory form shall provide the fol- lowing additional information for each haz- ardous chemical present at the facility, but only upon request and in accordance with sub- section (e): (A) The chemical name or the common name of the chemical as provided on the ma- terial safety data sheet. (B) An estimate (in ranges) of the max- imum 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 haz- ardous 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. (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 com- mittee, or a fire department with jurisdiction over the facility, the owner or operator of a fa- cility shall provide tier II information, as de- scribed in subsection (d), to the person making Page 8102 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11022 the request. Any such request shall be with re- spect to a specific facility. (2) Availability to other State and local offi- cials A State or local official acting in his or her official capacity may have access to tier II in- formation by submitting a request to the State emergency response commission or the local emergency planning committee. Upon re- ceipt 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 emer- gency response commission or local emer- gency planning committee for tier II infor- mation relating to the preceding calendar year with respect to a facility. Any such re- quest 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 per- son making a request under this paragraph in accordance with section 11044 of this title. If the State emergency response commission or local emergency planning committee does not have the tier II information in its pos- session, upon a request for tier II informa- tion the State emergency response commis- sion or local emergency planning committee shall, pursuant to paragraph (1), request the facility owner or operator for tier II infor- mation 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 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 re- spect to a hazardous chemical which a facil- ity has stored in an amount less than 10,000 pounds present at the facility at any time during the preceding calendar year, a re- quest from a person must include the gen- eral need for the information. The State emergency response commission or local emergency planning committee may, pursu- ant 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 emer- gency response commission or local emer- gency planning committee shall make the information available in accordance with section 11044 of this title 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 infor- mation 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 submit- ting a request to the State emergency re- sponse commission or the local emergency planning committee. Upon receipt of a re- quest for tier II information, the State com- mission 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 af- fected community water system. (B) Definition In this paragraph, the term ‘‘affected com- munity water system’’ means a community water system (as defined in section 300f(15) of this title) that receives supplies of drink- ing water from a source water area, delin- eated under section 300j–13 of this title, in which a facility that is required to prepare and submit an inventory form under sub- section (a)(1) is located. (f) Fire department access Upon request to an owner or operator of a fa- cility 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 con- duct an on-site inspection of the facility and shall provide to the fire department specific lo- cation information on hazardous chemicals at the facility. (g) Format of forms The Administrator shall publish a uniform for- mat 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 sec- tion shall provide the information required under this section by letter. (Pub. L. 99–499, title III, § 312, Oct. 17, 1986, 100 Stat. 1738; Pub. L. 115–270, title II, § 2018(b), Oct. 23, 2018, 132 Stat. 3858.) Editorial Notes REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, re- ferred to in subsecs. (a)(1) and (d)(1)(A), (C)(i), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified 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. AMENDMENTS 2018—Subsec. (e)(1). Pub. L. 115–270, § 2018(b)(1), sub- stituted ‘‘State emergency response commission’’ for ‘‘State emergency planning commission’’. Page 8103 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11023 Subsec. (e)(4). Pub. L. 115–270, § 2018(b)(2), added par. (4). § 11023. Toxic chemical release forms (a) Basic requirement The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under subsection (g) for each toxic chemical listed under subsection (c) that was manufactured, processed, or otherwise used in quantities ex- ceeding the toxic chemical threshold quantity established by subsection (f) during the pre- ceding calendar year at such facility. Such form shall be submitted to the Administrator and to an official or officials of the State designated by the Governor on or before July 1, 1988, and annu- ally thereafter on July 1 and shall contain data reflecting releases during the preceding calendar year. (b) Covered owners and operators of facilities (1) In general (A) The requirements of this section shall apply to owners and operators of facilities that have 10 or more full-time employees and that are in Standard Industrial Classification Codes 20 through 39 (as in effect on July 1, 1985) and that manufactured, processed, or otherwise used a toxic chemical listed under subsection (c) in excess of the quantity of that toxic chemical established under subsection (f) during the calendar year for which a release form is required under this section. (B) The Administrator may add or delete Standard Industrial Classification Codes for purposes of subparagraph (A), but only to the extent necessary to provide that each Stand- ard Industrial Code to which this section ap- plies is relevant to the purposes of this sec- tion. (C) For purposes of this section— (i) The term ‘‘manufacture’’ means to produce, prepare, import, or compound a toxic chemical. (ii) The term ‘‘process’’ means the prepara- tion of a toxic chemical, after its manufac- ture, for distribution in commerce— (I) in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such chemical, or (II) as part of an article containing the toxic chemical. (2) Discretionary application to additional fa- cilities The Administrator, on his own motion or at the request of a Governor of a State (with re- gard to facilities located in that State), may apply the requirements of this section to the owners and operators of any particular facility that manufactures, processes, or otherwise uses a toxic chemical listed under subsection (c) if the Administrator determines that such action is warranted on the basis of toxicity of the toxic chemical, proximity to other facili- ties that release the toxic chemical or to pop- ulation centers, the history of releases of such chemical at such facility, or such other fac- tors as the Administrator deems appropriate. (c) Toxic chemicals covered The toxic chemicals subject to the require- ments of this section are— (1) the chemicals on the list in Committee Print Number 99–169 of the Senate Committee on Environment and Public Works, titled ‘‘Toxic Chemicals Subject to Section 313 of the Emergency Planning and Community Right- To-Know Act of 1986’’ [42 U.S.C. 11023] (includ- ing any revised version of the list as may be made pursuant to subsection (d) or (e)); and (2) the chemicals included on such list under subsections (b)(1), (c)(1), and (d)(3) of section 8921 of title 15. (d) Revisions by Administrator (1) In general The Administrator may by rule add or delete a chemical from the list described in sub- section (c) at any time. (2) Additions A chemical may be added if the Adminis- trator determines, in his judgment, that there is sufficient evidence to establish any one of the following: (A) The chemical is known to cause or can reasonably be anticipated to cause signifi- cant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond facility site bound- aries as a result of continuous, or frequently recurring, releases. (B) The chemical is known to cause or can reasonably be anticipated to cause in hu- mans— (i) cancer or teratogenic effects, or (ii) serious or irreversible— (I) reproductive dysfunctions, (II) neurological disorders, (III) heritable genetic mutations, or (IV) other chronic health effects. (C) The chemical is known to cause or can reasonably be anticipated to cause, because of— (i) its toxicity, (ii) its toxicity and persistence in the en- vironment, or (iii) its toxicity and tendency to bio- accumulate in the environment, a significant adverse effect on the environ- ment of sufficient seriousness, in the judg- ment of the Administrator, to warrant re- porting under this section. The number of chemicals included on the list described in subsection (c) on the basis of the preceding sentence may constitute in the aggregate no more than 25 percent of the total number of chemicals on the list. A determination under this paragraph shall be based on generally accepted scientific prin- ciples or laboratory tests, or appropriately de- signed and conducted epidemiological or other population studies, available to the Adminis- trator. (3) Deletions A chemical may be deleted if the Adminis- trator determines there is not sufficient evi- dence to establish any of the criteria described in paragraph (2).