Emergency Planning and Community Right-To-Know Act

• Author: Environmental Law Reporter
• Pages: 375-389

Emergency Planning and Community Right-To-Know Act

42 U.S.C. §§11001-11050

Subchapter I—Emergency Planning And Notification

§11001.[EPCRA §301]

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 State emergencyresponse commission. The

Governor may designate as the State emergencyresponse commission

one or more existing emergency response organizations that are

State-sponsoredor appointed. The Governor shall, to the extent practi-

cable, 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) of this section and shall su-

pervise and coordinate the activities of such committees. The State

emergency response commission shall establish procedures for re-

ceiving and processing 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 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 emer-

gency response commission shall designate emergency planning dis-

tricts in order to facilitate preparation and implementation of emer-

gency plans. Where appropriate, the State emergency response com-

mission may designate existing political subdivisions or multijuris-

dictional planning organizations as such districts. In emergency plan-

ning areas that involve more than one State, the State emergency re-

sponse commissions of all potentially affected States may designate

emergency planning districts and local emergency planning commit-

tees by agreement. In making such designation, the State emergency

response commission shall indicate which facilities subject to the re-

quirements of this subchapter are within such emergency planning

district.

(c) Establishment of local emergency planning committees

Not later than 30 days after designation of emergency planning dis-

tricts or 10 months after October 17, 1986, whichever is earlier, the

State emergency response commission shall appoint members of a lo-

cal emergency planning committee for each emergency planning dis-

trict. 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, firefighting, first aid,

health, local environmental, hospital, and transportation personnel;

broadcast and print media; community groups; and owners and opera-

tors of facilities subject to the requirements of this subchapter. Such

committee shall appoint a chairperson and shall establish rules by

which the committee shall function. Such rules shall include provi-

sions for public 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 information

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 information.

(d) Revisions

A State emergency response commission may revise its designa-

tions and appointments under subsections (b) and (c) of this section as

it deems appropriate. Interested persons may petition the State emer-

gency response commission to modify the membership of a local

emergency planning committee.

(Pub. L. 99-499, title III, §301, Oct. 17, 1986, 100 Stat. 1729.)

Effective Date

Chapter effective Oct. 17, 1986, see section 4 of Pub. L. 99-499, set out as an Ef-

fective Date of 1986 Amendment note under section 9601 of this title.

Short Title

Section300(a) of title III of Pub. L. 99-499 provided that: “This title [enacting this

chapter] may be cited as the ‘EmergencyPlanning and Community Right-To-Know

Act of 1986’.”

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, Sec. 901, Apr. 21, 2000, 65 F.R.24604, set out as a

note under section 4321 of this title.

§11002.[EPCRA §302]

Substances and facilities covered and notification

(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 Administrator shall

publish a list of extremely hazardous substances. The list shall be

the same as the list of substances published in November 1985 by

the Administrator in Appendix A of the “Chemical Emergency Pre-

paredness Program Interim Guidance”.

(3) Thresholds

(A) At the time the list referred to in paragraph (2) is published

the Administrator shall—

(i) publish an interim final regulation establishing a thresh-

old planning quantity for each substance on the list, taking into

account the criteria described in paragraph (4), and

(ii) initiate a rulemaking in order to publish final regulations

establishing a threshold planning quantity for each substance

on the list.

(B) The threshold planning quantities may, at the Administra-

tor’s discretion, be based on classes of chemicals or categories of

facilities.

(C) If the Administrator fails to publish an interim final regula-

tion establishing a threshold 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 para-

graphs (2) and (3) from time to time. Any revisions to the list shall

take into account the toxicity, reactivity, volatility, 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 expo-

sure 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 referred to in subsection (a) of this section is present at the facil-

ity in an amount in excess of the threshold planning quantity estab-

lished for such substance.

(2) For purposes of emergency planning, a Governor or a State

emergency response commission may designate additional facili-

ties which shall be subject to the requirements of this subchapter, if

such designation is made after public notice and opportunity for

comment. The Governor or State emergency response commission

shall notify the facility concerned of any facility designation under

this paragraph.

375

EPCRA §302 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT 42 U.S.C. §11002