Appendix A: Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11001 et seq.

42 U.S.C.
United States Code, 2011 Edition
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

CHAPTER 116—EMERGENCY PLANNING AND COMMUNITY RIGHTTO-KNOW
SUBCHAPTER I—EMERGENCY PLANNING AND NOTIFICATION
Sec.
11001. Establishment of State commissions, planning districts, and local committees.
11002. Substances and facilities covered and notification.
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 professionals, 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 State
emergency response commission. The Governor may designate as the State emergency response
commission one or more existing emergency 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 committees under
subsection (c) of this section and shall supervise and coordinate the activities of such
committees. The State emergency response commission 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
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 emergency response commission
shall designate emergency planning districts in order to facilitate preparation and implementation
of emergency plans. Where appropriate, the State emergency response commission may
designate existing political subdivisions or multijurisdictional planning organizations as such
districts. In emergency planning areas that involve more than one State, the State emergency
response commissions of all potentially affected States may designate emergency planning
districts and local emergency planning committees by agreement. In making such designation,
the State emergency response commission shall indicate which facilities subject to the
requirements 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 districts or 10 months after
October 17, 1986, whichever is earlier, the State emergency response commission shall appoint
members of a local emergency planning committee 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, firefighting, first
aid, health, local environmental, hospital, and transportation personnel; broadcast and print
media; community groups; and owners and operators 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 provisions 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 designation of an official to
serve as coordinator for information.

(d) Revisions
A State emergency response commission may revise its designations and appointments under
subsections (b) and (c) of this section as it deems appropriate. Interested persons may petition the
State emergency 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 Effective Date of
1986 Amendment note under section 9601 of this title.
Short Title
Section 300(a) of title III of Pub. L. 99–499 provided that: “This title [enacting this chapter] may
be cited as the ‘Emergency Planning 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 revoked 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 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 Preparedness 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 threshold 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 Administrator's discretion, be based on classes
of chemicals or categories of facilities.
(C) If the Administrator fails to publish an interim final regulation 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 paragraphs (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 exposure 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 facility in an amount in excess of the threshold planning quantity established for such
substance.
(2) For purposes of emergency planning, a Governor or a State emergency response commission
may designate additional facilities 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.
(c) Emergency planning notification
Not later than seven months after October 17, 1986, the owner or operator of each facility subject
to the requirements of this subchapter by reason of subsection (b)(1) of this section 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 subchapter. Thereafter, if a substance on the list of
extremely hazardous substances referred to in subsection (a) of this section first becomes present
at such facility in excess of the threshold planning quantity 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 response commission and the local emergency planning

committee within 60 days after such acquisition or revision that such facility is subject to the
requirements of this subchapter.
(d) Notification of Administrator
The State emergency response commission shall notify the Administrator of facilities subject to
the requirements of this subchapter by notifying the Administrator of—
(1) each notification received from a facility under subsection (c) of this section, and
(2) each facility designated by the Governor or State emergency response commission under
subsection (b)(2) of this section.
(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 frequently as changed circumstances in the community 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 emergency plan, and shall make recommendations with
respect to additional resources that may be required and the means for providing such additional
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 within the
emergency planning district, identification of routes likely to be used for the transportation of
substances on the list of extremely hazardous substances referred to in section 11002(a) of this
title, and identification of additional facilities contributing or subjected to additional risk due to
their proximity to facilities subject to the requirements of this subchapter, such as hospitals or
natural gas facilities.
(2) Methods and procedures to be followed by facility owners and operators and local emergency
and medical personnel to respond to any release of such substances.

(3) Designation of a community emergency coordinator and facility emergency coordinators,
who shall make determinations necessary to implement the plan.
(4) Procedures providing reliable, effective, and timely notification by the facility emergency
coordinators and the community emergency coordinator to persons designated in the emergency
plan, and to the public, that a release has occurred (consistent with the emergency 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 requirements of this subchapter, and an identification of the
persons responsible for such equipment and facilities.
(7) Evacuation plans, including provisions for a precautionary evacuation and alternative 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:
(1) Within 30 days after establishment of a local emergency planning committee for the
emergency planning district in which such facility is located, or within 11 months after October
17, 1986, whichever is earlier, the owner or operator of the facility shall notify the emergency
planning committee (or the Governor if there is no committee) of a facility representative who
will participate in the emergency planning process as a facility emergency coordinator.
(2) The owner or operator of the facility shall promptly inform the emergency planning
committee of any relevant changes occurring at such facility as such changes occur or are
expected to occur.
(3) Upon request from the emergency planning committee, the owner or operator of the facility
shall promptly provide information to such committee necessary for developing and
implementing the emergency plan.
(e) Review by State emergency response commission
After completion of an emergency plan under subsection (a) of this section for an emergency
planning district, the local emergency planning committee shall submit a copy of the plan to the
State emergency response commission of each State in which such district is located. The

commission shall review the plan and make recommendations to the committee on revisions of
the plan that may be necessary to ensure coordination of such plan with emergency response
plans of other emergency planning districts. To the maximum extent practicable, such review
shall not delay implementation of such plan.
(f) Guidance documents
The national response team, as established pursuant to the National Contingency Plan as
established under section 9605 of this title, shall publish guidance documents for preparation and
implementation of emergency plans. Such documents shall be published not later than five
months after October 17, 1986.
(g) Review of plans by regional response teams
The regional response teams, as established pursuant to the National Contingency Plan as
established under section 9605 of this title, may review and comment upon an emergency plan or
other issues related to preparation, implementation, or exercise of such a plan upon request of a
local emergency planning committee. Such review shall not delay implementation of the plan.
(Pub. L. 99–499, title III, §303, Oct. 17, 1986, 100 Stat. 1731.)

§11004. Emergency notification
(a) Types of releases
(1) 11002(a) substance which requires CERCLA notice
If a release of an extremely hazardous substance referred to in section 11002(a) of this title
occurs from a facility at which a hazardous chemical is produced, used, or stored, and such
release requires a notification under section 103(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9603(a)] (hereafter in this section
referred to as “CERCLA”) (42 U.S.C. 9601 et seq.), the owner or operator of the facility shall
immediately provide notice as described in subsection (b) of this section.
(2) Other 11002(a) substance
If a release of an extremely hazardous substance referred to in section 11002(a) of this title
occurs from a facility at which a hazardous chemical is produced, used, or stored, and such
release is not subject to the notification requirements under section 103(a) of CERCLA [42
U.S.C. 9603(a)], the owner or operator of the facility shall immediately provide notice as
described in subsection (b) of this section, but only if the release—
(A) is not a federally permitted release as defined in section 101(10) of CERCLA [42 U.S.C.
9601(10)],

(B) is in an amount in excess of a quantity which the Administrator has determined (by
regulation) requires notice, and
(C) occurs in a manner which would require notification under section 103(a) of CERCLA [42
U.S.C. 9603(a)].
Unless and until superseded by regulations establishing a quantity for an extremely hazardous
substance described in this paragraph, a quantity of 1 pound shall be deemed that quantity the
release of which requires notice as described in subsection (b) of this section.
(3) Non-11002(a) substance which requires CERCLA notice
If a release of a substance which is not on the list referred to in section 11002(a) of this title
occurs at a facility at which a hazardous chemical is produced, used, or stored, and such release
requires notification under section 103(a) of CERCLA [42 U.S.C. 9603(a)], the owner or
operator shall provide notice as follows:
(A) If the substance is one for which a reportable quantity has been established under section
102(a) of CERCLA [42 U.S.C. 9602(a)], the owner or operator shall provide notice as described
in subsection (b) of this section.
(B) If the substance is one for which a reportable quantity has not been established under section
102(a) of CERCLA [42 U.S.C. 9602(a)]—
(i) Until April 30, 1988, the owner or operator shall provide, for releases of one pound or more
of the substance, the same notice to the community emergency coordinator for the local
emergency planning committee, at the same time and in the same form, as notice is provided to
the National Response Center under section 103(a) of CERCLA [42 U.S.C. 9603(a)].
(ii) On and after April 30, 1988, the owner or operator shall provide, for releases of one pound or
more of the substance, the notice as described in subsection (b) of this section.
(4) Exempted releases
This section does not apply to any release which results in exposure to persons solely within the
site or sites on which a facility is located.
(b) Notification
(1) Recipients of notice
Notice required under subsection (a) of this section shall be given immediately after the release
by the owner or operator of a facility (by such means as telephone, radio, or in person) to the
community emergency coordinator for the local emergency planning committees, if established
pursuant to section 11001(c) of this title, for any area likely to be affected by the release and to
the State emergency planning commission of any State likely to be affected by the release. With

respect to transportation of a substance subject to the requirements of this section, or storage
incident to such transportation, the notice requirements of this section with respect to a release
shall be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling
the operator.
(2) Contents
Notice required under subsection (a) of this section shall include each of the following (to the
extent known at the time of the notice and so long as no delay in responding to the emergency
results):
(A) The chemical name or identity of any substance involved in the release.
(B) An indication of whether the substance is on the list referred to in section 11002(a) of this
title.
(C) An estimate of the quantity of any such substance that was released into the environment.
(D) The time and duration of the release.
(E) The medium or media into which the release occurred.
(F) Any known or anticipated acute or chronic health risks associated with the emergency and,
where appropriate, advice regarding medical attention necessary for exposed individuals.
(G) Proper precautions to take as a result of the release, including evacuation (unless such
information is readily available to the community emergency coordinator pursuant to the
emergency plan).
(H) The name and telephone number of the person or persons to be contacted for further
information.
(c) Followup emergency notice
As soon as practicable after a release which requires notice under subsection (a) of this section,
such owner or operator shall provide a written followup emergency notice (or notices, as more
information becomes available) setting forth and updating the information required under
subsection (b) of this section, and including additional information with respect to—
(1) actions taken to respond to and contain the release,
(2) any known or anticipated acute or chronic health risks associated with the release, and
(3) where appropriate, advice regarding medical attention necessary for exposed individuals.
(d) Transportation exemption not applicable

The exemption provided in section 11047 of this title (relating to transportation) does not apply
to this section.
(Pub. L. 99–499, title III, §304, Oct. 17, 1986, 100 Stat. 1733.)
References in Text
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and
CERCLA, referred to in subsec. (a)(1), (3), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as
amended, which is classified principally to chapter 103 (§9601 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 9601 of this title
and Tables.

§11005. Emergency training and review of emergency systems
(a) Emergency training
(1) Programs
Officials of the United States Government carrying out existing Federal programs for emergency
training are authorized to specifically provide training and education programs for Federal, State,
and local personnel in hazard mitigation, emergency preparedness, fire prevention and control,
disaster response, long-term disaster recovery, national security, technological and natural
hazards, and emergency processes. Such programs shall provide special emphasis for such
training and education with respect to hazardous chemicals.
(2) State and local program support
There is authorized to be appropriated to the Federal Emergency Management Agency for each
of the fiscal years 1987, 1988, 1989, and 1990, $5,000,000 for making grants to support
programs of State and local governments, and to support university-sponsored programs, which
are designed to improve emergency planning, preparedness, mitigation, response, and recovery
capabilities. Such programs shall provide special emphasis with respect to emergencies
associated with hazardous chemicals. Such grants may not exceed 80 percent of the cost of any
such program. The remaining 20 percent of such costs shall be funded from non-Federal sources.
(3) Other programs
Nothing in this section shall affect the availability of appropriations to the Federal Emergency
Management Agency for any programs carried out by such agency other than the programs
referred to in paragraph (2).
(b) Review of emergency systems

(1) Review
The Administrator shall initiate, not later than 30 days after October 17, 1986, a review of
emergency systems for monitoring, detecting, and preventing releases of extremely hazardous
substances at representative domestic facilities that produce, use, or store extremely hazardous
substances. The Administrator may select representative extremely hazardous substances from
the substances on the list referred to in section 11002(a) of this title for the purposes of this
review. The Administrator shall report interim findings to the Congress not later than seven
months after October 17, 1986, and issue a final report of findings and recommendations to the
Congress not later than 18 months after October 17, 1986. Such report shall be prepared in
consultation with the States and appropriate Federal agencies.
(2) Report
The report required by this subsection shall include the Administrator's findings regarding each
of the following:
(A) The status of current technological capabilities to (i) monitor, detect, and prevent, in a timely
manner, significant releases of extremely hazardous substances, (ii) determine the magnitude and
direction of the hazard posed by each release, (iii) identify specific substances, (iv) provide data
on the specific chemical composition of such releases, and (v) determine the relative
concentrations of the constituent substances.
(B) The status of public emergency alert devices or systems for providing timely and effective
public warning of an accidental release of extremely hazardous substances into the environment,
including releases into the atmosphere, surface water, or groundwater from facilities that
produce, store, or use significant quantities of such extremely hazardous substances.
(C) The technical and economic feasibility of establishing, maintaining, and operating perimeter
alert systems for detecting releases of such extremely hazardous substances into the atmosphere,
surface water, or groundwater, at facilities that manufacture, use, or store significant quantities of
such substances.
(3) Recommendations
The report required by this subsection shall also include the Administrator's recommendations
for—
(A) initiatives to support the development of new or improved technologies or systems that
would facilitate the timely monitoring, detection, and prevention of releases of extremely
hazardous substances, and
(B) improving devices or systems for effectively alerting the public in a timely manner, in the
event of an accidental release of such extremely hazardous substances.
(Pub. L. 99–499, title III, §305, Oct. 17, 1986, 100 Stat. 1735.)

Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and
liabilities of the Federal Emergency Management Agency, including the functions of the Under
Secretary for Federal Emergency Management relating thereto, to the Federal Emergency
Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management
Agency, including the functions of the Director of the Federal Emergency Management Agency
relating thereto, to the Secretary of Homeland Security, and for treatment of related references,
see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security,
and the Department of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.

SUBCHAPTER II—REPORTING REQUIREMENTS
§11021. Material safety data sheets
(a) Basic requirement
(1) Submission of MSDS or list
The owner or operator of any facility which is required to prepare or have available a material
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 promulgated under that Act shall submit a material safety
data sheet for each such chemical, or a list of such chemicals as described in paragraph (2), to
each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) Contents of list
(A) The list of chemicals referred to in paragraph (1) shall include each of the following:
(i) A list of the hazardous chemicals for which a material safety data sheet is required under the
Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated
under that Act, grouped in categories of health and physical hazards as set forth under such Act
and regulations promulgated under such Act, or in such other categories as the Administrator
may prescribe under subparagraph (B).
(ii) The chemical name or the common name of each such chemical as provided on the material
safety data sheet.

(iii) Any hazardous component of each such chemical as provided on the material safety data
sheet.
(B) For purposes of the list under this paragraph, the Administrator may modify the 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 by requiring information to
be reported in terms of groups of hazardous chemicals which present similar hazards in an
emergency.
(3) Treatment of mixtures
An owner or operator may meet the requirements of this section with respect to a hazardous
chemical which is a mixture by doing one of the following:
(A) Submitting a material safety data sheet for, or identifying on a list, each element or
compound in the mixture which is a hazardous chemical. If more than one mixture has the same
element or compound, only one material safety data sheet, or one listing, of the element or
compound is necessary.
(B) Submitting a material safety data sheet for, or identifying on a list, the mixture itself.
(b) Thresholds
The Administrator may establish threshold quantities for hazardous chemicals below which no
facility shall be subject to the provisions of this section. The threshold quantities may, in the
Administrator's discretion, be based on classes of chemicals or categories of facilities.
(c) Availability of MSDS on request
(1) To local emergency planning committee
If an owner or operator of a facility submits a list of chemicals under subsection (a)(1) of this
section, the owner or operator, upon request by the local emergency planning committee, shall
submit the material safety data sheet for any chemical on the list to such committee.
(2) To public
A local emergency planning committee, upon request by any person, shall make available a
material safety data sheet to the person in accordance with section 11044 of this title. If the local
emergency planning committee does not have the requested material safety data sheet, the
committee shall request the sheet from the facility owner or operator and then make the sheet
available to the person in accordance with section 11044 of this title.

(d) Initial submission and updating
(1) The initial material safety data sheet or list required under this section with respect to a
hazardous chemical shall be provided before the later of—
(A) 12 months after October 17, 1986, or
(B) 3 months after the owner or operator of a facility is required to prepare or have available a
material safety data sheet for the chemical under the Occupational Safety and Health Act of 1970
[29 U.S.C. 651 et seq.] and regulations promulgated under that Act.
(2) Within 3 months following discovery by an owner or operator of significant new information
concerning an aspect of a hazardous chemical for which a material safety data sheet was
previously submitted to the local emergency planning committee under subsection (a) of this
section, a revised sheet shall be provided to such person.
(e) “Hazardous chemical” defined
For purposes of this section, the term “hazardous chemical” has the meaning given such term by
section 1910.1200(c) of title 29 of the Code of Federal Regulations, except that such term does
not include the following:
(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug
Administration.
(2) Any substance present as a solid in any manufactured item to the extent exposure to the
substance does not occur under normal conditions of use.
(3) Any substance to the extent it is used for personal, family, or household purposes, or is
present in the same form and concentration as a product packaged for distribution and use by the
general public.
(4) Any substance to the extent it is used in a research laboratory or a hospital or other medical
facility under the direct supervision of a technically qualified individual.
(5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held
for sale by a retailer to the ultimate customer.
(Pub. L. 99–499, title III, §311, Oct. 17, 1986, 100 Stat. 1736.)
References in Text
The Occupational Safety and Health Act of 1970, referred to in subsecs. (a)(1), (2)(A)(i), (B) and
(d)(1)(B), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, as amended, 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.

§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
material 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 promulgated under that Act shall prepare and
submit an emergency and hazardous chemical inventory form (hereafter in this chapter referred
to as an “inventory form”) to each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) The inventory form containing tier I information (as described in subsection (d)(1) of this
section) shall be submitted on or before March 1, 1988, and annually 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 subsection (d)(2) of this section) to the
recipients described in paragraph (1).
(3) An owner or operator may meet the requirements of this section with respect to a hazardous
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 mixture
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 facility 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 subject to the provisions of this section. The threshold
quantities may, in the Administrator's discretion, be based on classes of chemicals or categories
of facilities.
(c) Hazardous chemicals covered
A hazardous chemical subject to the requirements of this section is any hazardous chemical for
which a material safety data sheet or a listing 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 information described in subparagraph (B) in aggregate
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 subparagraph (A) is the following:
(i) An estimate (in ranges) of the maximum 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 average 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 Occupational
Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that
Act by requiring information to be reported in terms of groups of hazardous chemicals which
present similar hazards in an emergency, or
(ii) require reporting on individual hazardous chemicals of special concern to emergency
response personnel.
(2) Tier II information
An inventory form shall provide the following additional information for each hazardous
chemical present at the facility, but only upon request and in accordance with subsection (e) of
this section:
(A) The chemical name or the common name of the chemical as provided on the material safety
data sheet.
(B) An estimate (in ranges) of the maximum 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 hazardous 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 planning commission, a local emergency planning
committee, or a fire department with jurisdiction over the facility, the owner or operator of a
facility shall provide tier II information, as described in subsection (d) of this section, to the
person making the request. Any such request shall be with respect to a specific facility.
(2) Availability to other State and local officials
A State or local official acting in his or her official capacity may have access to tier II
information by submitting a request to the State emergency response commission or the local
emergency planning committee. Upon receipt 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 emergency response commission or local emergency planning
committee for tier II information relating to the preceding calendar year with respect to a facility.
Any such request 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 person 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 possession, upon a request for tier II information the State emergency response
commission or local emergency planning committee shall, pursuant to paragraph (1), request the
facility owner or operator for tier II information 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 respect to a hazardous
chemical which a facility has stored in an amount less than 10,000 pounds present at the facility
at any time during the preceding calendar year, a request from a person must include the general
need for the information. The State emergency response commission or local emergency
planning committee may, pursuant 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 emergency response commission or local
emergency 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 information under this paragraph no later than 45 days after the date of
receipt of the request.
(f) Fire department access
Upon request to an owner or operator of a facility 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 conduct an on-site inspection of the facility and shall
provide to the fire department specific location information on hazardous chemicals at the
facility.
(g) Format of forms
The Administrator shall publish a uniform format 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 section shall provide the information required under
this section by letter.
(Pub. L. 99–499, title III, §312, Oct. 17, 1986, 100 Stat. 1738.)
References in Text
The Occupational Safety and Health Act of 1970, referred to in subsecs. (a)(1) and (d)(1)(A),
(C)(i), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, as amended, 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.

§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) of this section for each toxic
chemical listed under subsection (c) of this section that was manufactured, processed, or
otherwise used in quantities exceeding the toxic chemical threshold quantity established by
subsection (f) of this section during the preceding 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 annually 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) of this section in excess of the quantity of that toxic
chemical established under subsection (f) of this section 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 Standard Industrial
Code to which this section applies is relevant to the purposes of this section.
(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 preparation of a toxic chemical, after its manufacture, 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 facilities
The Administrator, on his own motion or at the request of a Governor of a State (with regard 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) of this section if the Administrator determines that such

action is warranted on the basis of toxicity of the toxic chemical, proximity to other facilities that
release the toxic chemical or to population centers, the history of releases of such chemical at
such facility, or such other factors as the Administrator deems appropriate.
(c) Toxic chemicals covered
The toxic chemicals subject to the requirements of this section are those 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] (including any revised version of the list as may
be made pursuant to subsection (d) or (e) of this section).
(d) Revisions by Administrator
(1) In general
The Administrator may by rule add or delete a chemical from the list described in subsection (c)
of this section at any time.
(2) Additions
A chemical may be added if the Administrator 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 significant adverse
acute human health effects at concentration levels that are reasonably likely to exist beyond
facility site boundaries as a result of continuous, or frequently recurring, releases.
(B) The chemical is known to cause or can reasonably be anticipated to cause in humans—
(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 environment, or
(iii) its toxicity and tendency to bioaccumulate in the environment,
a significant adverse effect on the environment of sufficient seriousness, in the judgment of the
Administrator, to warrant reporting under this section. The number of chemicals included on the
list described in subsection (c) of this section 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 principles
or laboratory tests, or appropriately designed and conducted epidemiological or other population
studies, available to the Administrator.
(3) Deletions
A chemical may be deleted if the Administrator determines there is not sufficient evidence to
establish any of the criteria described in paragraph (2).
(4) Effective date
Any revision made on or after January 1 and before December 1 of any calendar year shall take
effect beginning with the next calendar year. Any revision made on or after December 1 of any
calendar year and before January 1 of the next calender 1 year shall take effect beginning with
the calendar year following such next calendar year.
(e) Petitions
(1) In general
Any person may petition the Administrator to add or delete a chemical from the list described in
subsection (c) of this section on the basis of the criteria in subparagraph (A) or (B) of subsection
(d)(2) of this section. Within 180 days after receipt of a petition, the Administrator shall take one
of the following actions:
(A) Initiate a rulemaking to add or delete the chemical to the list, in accordance with subsection
(d)(2) or (d)(3) of this section.
(B) Publish an explanation of why the petition is denied.
(2) Governor petitions
A State Governor may petition the Administrator to add or delete a chemical from the list
described in subsection (c) of this section on the basis of the criteria in subparagraph (A), (B), or
(C) of subsection (d)(2) of this section. In the case of such a petition from a State Governor to
delete a chemical, the petition shall be treated in the same manner as a petition received under
paragraph (1) to delete a chemical. In the case of such a petition from a State Governor to add a

chemical, the chemical will be added to the list within 180 days after receipt of the petition,
unless the Administrator—
(A) initiates a rulemaking to add the chemical to the list, in accordance with subsection (d)(2) of
this section, or
(B) publishes an explanation of why the Administrator believes the petition does not meet the
requirements of subsection (d)(2) of this section for adding a chemical to the list.
(f) Threshold for reporting
(1) Toxic chemical threshold amount
The threshold amounts for purposes of reporting toxic chemicals under this section are as
follows:
(A) With respect to a toxic chemical used at a facility, 10,000 pounds of the toxic chemical per
year.
(B) With respect to a toxic chemical manufactured or processed at a facility—
(i) For the toxic chemical release form required to be submitted under this section on or before
July 1, 1988, 75,000 pounds of the toxic chemical per year.
(ii) For the form required to be submitted on or before July 1, 1989, 50,000 pounds of the toxic
chemical per year.
(iii) For the form required to be submitted on or before July 1, 1990, and for each form
thereafter, 25,000 pounds of the toxic chemical per year.
(2) Revisions
The Administrator may establish a threshold amount for a toxic chemical different from the
amount established by paragraph (1). Such revised threshold shall obtain reporting on a
substantial majority of total releases of the chemical at all facilities subject to the requirements of
this section. The amounts established under this paragraph may, at the Administrator's discretion,
be based on classes of chemicals or categories of facilities.
(g) Form
(1) Information required
Not later than June 1, 1987, the Administrator shall publish a uniform toxic chemical release
form for facilities covered by this section. If the Administrator does not publish such a form,
owners and operators of facilities subject to the requirements of this section shall provide the

information required under this subsection by letter postmarked on or before the date on which
the form is due. Such form shall—
(A) provide for the name and location of, and principal business activities at, the facility;
(B) include an appropriate certification, signed by a senior official with management
responsibility for the person or persons completing the report, regarding the accuracy and
completeness of the report; and
(C) provide for submission of each of the following items of information for each listed toxic
chemical known to be present at the facility:
(i) Whether the toxic chemical at the facility is manufactured, processed, or otherwise used, and
the general category or categories of use of the chemical.
(ii) An estimate of the maximum amounts (in ranges) of the toxic chemical present at the facility
at any time during the preceding calendar year.
(iii) For each wastestream, the waste treatment or disposal methods employed, and an estimate of
the treatment efficiency typically achieved by such methods for that wastestream.
(iv) The annual quantity of the toxic chemical entering each environmental medium.
(2) Use of available data
In order to provide the information required under this section, the owner or operator of a facility
may use readily available data (including monitoring data) collected pursuant to other provisions
of law, or, where such data are not readily available, reasonable estimates of the amounts
involved. Nothing in this section requires the monitoring or measurement of the quantities,
concentration, or frequency of any toxic chemical released into the environment beyond that
monitoring and measurement required under other provisions of law or regulation. In order to
assure consistency, the Administrator shall require that data be expressed in common units.
(h) Use of release form
The release forms required under this section are intended to provide information to the Federal,
State, and local governments and the public, including citizens of communities surrounding
covered facilities. The release form shall be available, consistent with section 11044(a) of this
title, to inform persons about releases of toxic chemicals to the environment; to assist
governmental agencies, researchers, and other persons in the conduct of research and data
gathering; to aid in the development of appropriate regulations, guidelines, and standards; and
for other similar purposes.
(i) Modifications in reporting frequency

(1) In general
The Administrator may modify the frequency of submitting a report under this section, but the
Administrator may not modify the frequency to be any more often than annually. A modification
may apply, either nationally or in a specific geographic area, to the following:
(A) All toxic chemical release forms required under this section.
(B) A class of toxic chemicals or a category of facilities.
(C) A specific toxic chemical.
(D) A specific facility.
(2) Requirements
A modification may be made under paragraph (1) only if the Administrator—
(A) makes a finding that the modification is consistent with the provisions of subsection (h) of
this section, based on—
(i) experience from previously submitted toxic chemical release forms, and
(ii) determinations made under paragraph (3), and
(B) the finding is made by a rulemaking in accordance with section 553 of title 5.
(3) Determinations
The Administrator shall make the following determinations with respect to a proposed
modification before making a modification under paragraph (1):
(A) The extent to which information relating to the proposed modification provided on the toxic
chemical release forms has been used by the Administrator or other agencies of the Federal
Government, States, local governments, health professionals, and the public.
(B) The extent to which the information is (i) readily available to potential users from other
sources, such as State reporting programs, and (ii) provided to the Administrator under another
Federal law or through a State program.
(C) The extent to which the modification would impose additional and unreasonable burdens on
facilities subject to the reporting requirements under this section.

(4) 5-year review
Any modification made under this subsection shall be reviewed at least once every 5 years. Such
review shall examine the modification and ensure that the requirements of paragraphs (2) and (3)
still justify continuation of the modification. Any change to a modification reviewed under this
paragraph shall be made in accordance with this subsection.
(5) Notification to Congress
The Administrator shall notify Congress of an intention to initiate a rulemaking for a
modification under this subsection. After such notification, the Administrator shall delay
initiation of the rulemaking for at least 12 months, but no more than 24 months, after the date of
such notification.
(6) Judicial review
In any judicial review of a rulemaking which establishes a modification under this subsection, a
court may hold unlawful and set aside agency action, findings, and conclusions found to be
unsupported by substantial evidence.
(7) Applicability
A modification under this subsection may apply to a calendar year or other reporting period
beginning no earlier than January 1, 1993.
(8) Effective date
Any modification made on or after January 1 and before December 1 of any calendar year shall
take effect beginning with the next calendar year. Any modification made on or after December
1 of any calendar year and before January 1 of the next calendar year shall take effect beginning
with the calendar year following such next calendar year.
(j) EPA management of data
The Administrator shall establish and maintain in a computer data base a national toxic chemical
inventory based on data submitted to the Administrator under this section. The Administrator
shall make these data accessible by computer telecommunication and other means to any person
on a cost reimbursable basis.
(k) Report
Not later than June 30, 1991, the Comptroller General, in consultation with the Administrator
and appropriate officials in the States, shall submit to the Congress a report including each of the
following:

(1) A description of the steps taken by the Administrator and the States to implement the
requirements of this section, including steps taken to make information collected under this
section available to and accessible by the public.
(2) A description of the extent to which the information collected under this section has been
used by the Environmental Protection Agency, other Federal agencies, the States, and the public,
and the purposes for which the information has been used.
(3) An identification and evaluation of options for modifications to the requirements of this
section for the purpose of making information collected under this section more useful.
(l) Mass balance study
(1) In general
The Administrator shall arrange for a mass balance study to be carried out by the National
Academy of Sciences using mass balance information collected by the Administrator under
paragraph (3). The Administrator shall submit to Congress a report on such study no later than 5
years after October 17, 1986.
(2) Purposes
The purposes of the study are as follows:
(A) To assess the value of mass balance analysis in determining the accuracy of information on
toxic chemical releases.
(B) To assess the value of obtaining mass balance information, or portions thereof, to determine
the waste reduction efficiency of different facilities, or categories of facilities, including the
effectiveness of toxic chemical regulations promulgated under laws other than this chapter.
(C) To assess the utility of such information for evaluating toxic chemical management practices
at facilities, or categories of facilities, covered by this section.
(D) To determine the implications of mass balance information collection on a national scale
similar to the mass balance information collection carried out by the Administrator under
paragraph (3), including implications of the use of such collection as part of a national annual
quantity toxic chemical release program.
(3) Information collection
(A) The Administrator shall acquire available mass balance information from States which
currently conduct (or during the 5 years after October 17, 1986 initiate) a mass balance-oriented
annual quantity toxic chemical release program. If information from such States provides an
inadequate representation of industry classes and categories to carry out the purposes of the

study, the Administrator also may acquire mass balance information necessary for the study from
a representative number of facilities in other States.
(B) Any information acquired under this section shall be available to the public, except that upon
a showing satisfactory to the Administrator by any person that the information (or a particular
part thereof) to which the Administrator or any officer, employee, or representative has access
under this section if made public would divulge information entitled to protection under section
1905 of title 18, such information or part shall be considered confidential in accordance with the
purposes of that section, except that such information or part may be disclosed to other officers,
employees, or authorized representatives of the United States concerned with carrying out this
section.
(C) The Administrator may promulgate regulations prescribing procedures for collecting mass
balance information under this paragraph.
(D) For purposes of collecting mass balance information under subparagraph (A), the
Administrator may require the submission of information by a State or facility.
(4) Mass balance definition
For purposes of this subsection, the term “mass balance” means an accumulation of the annual
quantities of chemicals transported to a facility, produced at a facility, consumed at a facility,
used at a facility, accumulated at a facility, released from a facility, and transported from a
facility as a waste or as a commercial product or byproduct or component of a commercial
product or byproduct.
(Pub. L. 99–499, title III, §313, Oct. 17, 1986, 100 Stat. 1741.)
Expediting Community Right-to-Know Initiatives
Memorandum of President of the United States, Aug. 8, 1995, 60 F.R. 41791, provided:
Memorandum for the Administrator of the Environmental Protection Agency and the Heads of
Executive Departments and Agencies
The Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001–11050)
(“EPCRA”) and the Pollution Prevention Act of 1990 (42 U.S.C. 13101–13109) provide an
innovative approach to protecting public health and the environment by ensuring that
communities are informed about the toxic chemicals being released into the air, land, and water
by manufacturing facilities. I am committed to the effective implementation of this law, because
Community Right-to-Know protections provide a basic informational tool to encourage informed
community-based environmental decision making and provide a strong incentive for businesses
to find their own ways of preventing pollution.
The laws provide the Environmental Protection Agency with substantial authority to add to the
Toxics Release Inventory under EPCRA: (1) new chemicals; (2) new classes of industrial

facilities; and (3) additional types of information concerning toxic chemical use at facilities.
Community Right-to-Know should be enhanced wherever possible as appropriate. EPA currently
is engaged in an on-going process to address potential facility expansion and the collection of
use information. I am committed to a full and open process on the policy issues posed by EPA's
exercise of these authorities.
So that consideration of these issues can be fully accomplished during this Administration, I am
directing the Administrator of the Environmental Protection Agency, in consultation with the
Office of Management and Budget and appropriate Federal agencies with applicable technical
and functional expertise, as necessary, to take the following actions:
(a) Continuation on an expedited basis of the public notice and comment rulemaking proceedings
to consider whether, as appropriate and consistent with section 313(b) of EPCRA, 42 U.S.C.
11023(b), to add to the list of Standard Industrial Classification (“SIC”) Code designations of 20
through 39 (as in effect on July 1, 1985). For SIC Code designations, see “Standard Industrial
Classification Manual” published by the Office of Management and Budget. EPA shall complete
the rulemaking process on an accelerated schedule.
(b) Development and implementation of an expedited, open, and transparent process for
consideration of reporting under EPCRA on information on the use of toxic chemicals at
facilities, including information on mass balance, materials accounting, or other chemical use
date [data], pursuant to section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A). EPA shall
report on the progress of this effort by October 1, 1995, with a goal of obtaining sufficient
information to be able to make informed judgments concerning implementation of any
appropriate program.
These actions should continue unless specifically prohibited by law. The head of each executive
department or agency shall assist the Environmental Protection Agency in implementing this
directive as quickly as possible.
This directive is for the internal management of the executive branch and does not create any
right or benefit, substantive or procedural, enforceable by any party against the United States, its
agencies or instrumentalities, its officers or employees, or any person.
The Director of the Office of Management and Budget is authorized and directed to publish this
Memorandum in the Federal Register.
William J. Clinton.
1

So in original. Probably should be “calendar”.

SUBCHAPTER III—GENERAL PROVISIONS
§11041. Relationship to other law

(a) In general
Nothing in this chapter shall—
(1) preempt any State or local law,
(2) except as provided in subsection (b) of this section, otherwise affect any State or local law or
the authority of any State or local government to adopt or enforce any State or local law, or
(3) affect or modify in any way the obligations or liabilities of any person under other Federal
law.
(b) Effect on MSDS requirements
Any State or local law enacted after August 1, 1985, which requires the submission of a material
safety data sheet from facility owners or operators shall require that the data sheet be identical in
content and format to the data sheet required under subsection (a) of section 11021 of this title.
In addition, a State or locality may require the submission of information which is supplemental
to the information required on the data sheet (including information on the location and quantity
of hazardous chemicals present at the facility), through additional sheets attached to the data
sheet or such other means as the State or locality considers appropriate.
(Pub. L. 99–499, title III, §321, Oct. 17, 1986, 100 Stat. 1747.)

§11042. Trade secrets
(a) Authority to withhold information
(1) General authority
(A) With regard to a hazardous chemical, an extremely hazardous substance, or a toxic chemical,
any person required under section 11003(d)(2), 11003(d)(3), 11021, 11022, or 11023 of this title
to submit information to any other person may withhold from such submittal the specific
chemical identity (including the chemical name and other specific identification), as defined in
regulations prescribed by the Administrator under subsection (c) of this section, if the person
complies with paragraph (2).
(B) Any person withholding the specific chemical identity shall, in the place on the submittal
where the chemical identity would normally be included, include the generic class or category of
the hazardous chemical, extremely hazardous substance, or toxic chemical (as the case may be).
(2) Requirements
(A) A person is entitled to withhold information under paragraph (1) if such person—

(i) claims that such information is a trade secret, on the basis of the factors enumerated in
subsection (b) of this section,
(ii) includes in the submittal referred to in paragraph (1) an explanation of the reasons why such
information is claimed to be a trade secret, based on the factors enumerated in subsection (b) of
this section, including a specific description of why such factors apply, and
(iii) submits to the Administrator a copy of such submittal, and the information withheld from
such submittal.
(B) In submitting to the Administrator the information required by subparagraph (A)(iii), a
person withholding information under this subsection may—
(i) designate, in writing and in such manner as the Administrator may prescribe by regulation,
the information which such person believes is entitled to be withheld under paragraph (1), and
(ii) submit such designated information separately from other information submitted under this
subsection.
(3) Limitation
The authority under this subsection to withhold information shall not apply to information which
the Administrator has determined, in accordance with subsection (c) of this section, is not a trade
secret.
(b) Trade secret factors
No person required to provide information under this chapter may claim that the information is
entitled to protection as a trade secret under subsection (a) of this section unless such person
shows each of the following:
(1) Such person has not disclosed the information to any other person, other than a member of a
local emergency planning committee, an officer or employee of the United States or a State or
local government, an employee of such person, or a person who is bound by a confidentiality
agreement, and such person has taken reasonable measures to protect the confidentiality of such
information and intends to continue to take such measures.
(2) The information is not required to be disclosed, or otherwise made available, to the public
under any other Federal or State law.
(3) Disclosure of the information is likely to cause substantial harm to the competitive position
of such person.
(4) The chemical identity is not readily discoverable through reverse engineering.

(c) Trade secret regulations
As soon as practicable after October 17, 1986, the Administrator shall prescribe regulations to
implement this section. With respect to subsection (b)(4) of this section, such regulations shall be
equivalent to comparable provisions in the Occupational Safety and Health Administration
Hazard Communication Standard (29 C.F.R. 1910.1200) and any revisions of such standard
prescribed by the Secretary of Labor in accordance with the final ruling of the courts of the
United States in United Steelworkers of America, AFL–CIO–CLC v. Thorne G. Auchter.
(d) Petition for review
(1) In general
Any person may petition the Administrator for the disclosure of the specific chemical identity of
a hazardous chemical, an extremely hazardous substance, or a toxic chemical which is claimed as
a trade secret under this section. The Administrator may, in the absence of a petition under this
paragraph, initiate a determination, to be carried out in accordance with this subsection, as to
whether information withheld constitutes a trade secret.
(2) Initial review
Within 30 days after the date of receipt of a petition under paragraph (1) (or upon the
Administrator's initiative), the Administrator shall review the explanation filed by a trade secret
claimant under subsection (a)(2) of this section and determine whether the explanation presents
assertions which, if true, are sufficient to support a finding that the specific chemical identity is a
trade secret.
(3) Finding of sufficient assertions
(A) If the Administrator determines pursuant to paragraph (2) that the explanation presents
sufficient assertions to support a finding that the specific chemical identity is a trade secret, the
Administrator shall notify the trade secret claimant that he has 30 days to supplement the
explanation with detailed information to support the assertions.
(B) If the Administrator determines, after receipt of any supplemental supporting detailed
information under subparagraph (A), that the assertions in the explanation are true and that the
specific chemical identity is a trade secret, the Administrator shall so notify the petitioner and the
petitioner may seek judicial review of the determination.
(C) If the Administrator determines, after receipt of any supplemental supporting detailed
information under subparagraph (A), that the assertions in the explanation are not true and that
the specific chemical identity is not a trade secret, the Administrator shall notify the trade secret
claimant that the Administrator intends to release the specific chemical identity. The trade secret
claimant has 30 days in which he may appeal the Administrator's determination under this
subparagraph to the Administrator. If the Administrator does not reverse his determination under

this subparagraph in such an appeal by the trade secret claimant, the trade secret claimaint 1 may
seek judicial review of the determination.
(4) Finding of insufficient assertions
(A) If the Administrator determines pursuant to paragraph (2) that the explanation presents
insufficient assertions to support a finding that the specific chemical identity is a trade secret, the
Administrator shall notify the trade secret claimant that he has 30 days to appeal the
determination to the Administrator, or, upon a showing of good cause, amend the original
explanation by providing supplementary assertions to support the trade secret claim.
(B) If the Administrator does not reverse his determination under subparagraph (A) after an
appeal or an examination of any supplementary assertions under subparagraph (A), the
Administrator shall so notify the trade secret claimant and the trade secret claimant may seek
judicial review of the determination.
(C) If the Administrator reverses his determination under subparagraph (A) after an appeal or an
examination of any supplementary assertions under subparagraph (A), the procedures under
paragraph (3) of this subsection apply.
(e) Exception for information provided to health professionals
Nothing in this section, or regulations adopted pursuant to this section, shall authorize any person
to withhold information which is required to be provided to a health professional, a doctor, or a
nurse in accordance with section 11043 of this title.
(f) Providing information to Administrator; availability to public
Any information submitted to the Administrator under subsection (a)(2) of this section or
subsection (d)(3) of this section (except a specific chemical identity) shall be available to the
public, except that upon a showing satisfactory to the Administrator by any person that the
information (or a particular part thereof) to which the Administrator has access under this section
if made public would divulge information entitled to protection under section 1905 of title 18,
such information or part shall be considered confidential in accordance with the purposes of that
section, except that such information or part may be disclosed to other officers, employees, or
authorized representatives of the United States concerned with carrying out this chapter.
(g) Information provided to State
Upon request by a State, acting through the Governor of the State, the Administrator shall
provide to the State any information obtained under subsection (a)(2) of this section and
subsection (d)(3) of this section.

(h) Information on adverse effects
(1) In any case in which the identity of a hazardous chemical or an extremely hazardous
substance is claimed as a trade secret, the Governor or State emergency response commission
established under section 11001 of this title shall identify the adverse health effects associated
with the hazardous chemical or extremely hazardous substance and shall assure that such
information is provided to any person requesting information about such hazardous chemical or
extremely hazardous substance.
(2) In any case in which the identity of a toxic chemical is claimed as a trade secret, the
Administrator shall identify the adverse health and environmental effects associated with the
toxic chemical and shall assure that such information is included in the computer database
required by section 11023(j) of this title and is provided to any person requesting information
about such toxic chemical.
(i) Information provided to Congress
Notwithstanding any limitatio 2 contained in this section or any other provision of law, all
information 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 committee.
(Pub. L. 99–499, title III, §322, Oct. 17, 1986, 100 Stat. 1747.)
1

So in original. Probably should be “claimant”.

2

So in original. Probably should be “limitation”.

§11043. Provision of information to health professionals, 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 specific 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 confidentiality agreement under subsection (d) of this
section. 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 diagnosed or treated have been exposed to the chemical
concerned, and

(3) knowledge of the specific chemical identity 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 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 provisions of subsection (d) of this section.
(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, including the specific chemical identity, if known, of a hazardous
chemical, extremely hazardous substance, or a toxic chemical, to any treating physician 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 assist in
emergency or first-aid diagnosis or treatment, and
(3) the individual or individuals being diagnosed 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 physician 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 required to be provided to a treating physician or nurse
under this subsection. No written confidentiality agreement or statement of need shall be
required as a precondition of such disclosure, but the owner or operator disclosing such
information may require a written confidentiality agreement in accordance with subsection (d) of
this section and a statement setting forth the items listed in paragraphs (1) through (3) as soon as
circumstances permit.
(c) Preventive measures by local health professionals
(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 epidemiologist)—

(A) who is a local government employee or a person under contract with the local government,
and
(B) who requests such information in writing and provides a written statement of need under
paragraph (2) and a written confidentiality agreement under subsection (d) of this section.
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 provisions of subsection (d) of this section.
(2) Written statement of need
The written statement of need shall be a statement that describes with reasonable detail 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 determine exposure levels of various population groups.
(C) To conduct periodic medical surveillance of exposed population groups.
(D) To provide medical treatment to exposed individuals or population groups.
(E) To conduct studies to determine the health effects of exposure.
(F) To conduct studies to aid in the identification of a chemical that may reasonably be
anticipated to cause an observed health effect.
(d) Confidentiality agreement
Any person obtaining information under subsection (a) or (c) of this section shall, in accordance
with such subsection (a) or (c) of this section, 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 subsection shall preclude
the parties to a confidentiality 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 statement of need under subsection 1 (a) and (c) of this
section and the confidentiality agreement under subsection (d) of this section.

(Pub. L. 99–499, title III, §323, Oct. 17, 1986, 100 Stat. 1750.)
1

So in original. Probably should be “subsections”.

§11044. Public availability of plans, data sheets, forms, and followup notices
(a) Availability to public
Each emergency response plan, material safety data sheet, list described in section 11021(a)(2)
of this title, inventory form, toxic chemical release form, and followup emergency notice shall be
made available to the general public, consistent with section 11042 of this title, during normal
working hours at the location or locations designated by the Administrator, Governor, State
emergency response commission, or local emergency planning committee, as appropriate. 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 emergency 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 newspapers
that the emergency response plan, material safety data sheets, and inventory forms have been
submitted under this section. The notice 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) of this section.
(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
facility 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 Administrator
in the case of a violation of the requirements 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 penalty assessed pursuant to this subsection, the
Administrator shall take into account the nature, 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, economic 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 Administrator in the case of a violation of the requirements 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 subsection shall be assessed and collected in the same manner, and
subject to the same provisions, 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 Administrator 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 procedures.
(3) Judicial assessment
The Administrator may bring an action in the United States District 1 court for the appropriate
district to assess and collect a penalty 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 second or subsequent violation, the amount of such penalty may be not
more than $75,000 for each day during which the violation continues.
(4) Criminal penalties
Any person who knowingly and willfully fails to provide notice in accordance with section
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 case of a second or subsequent conviction, shall be fined
not more than $50,000 or imprisoned for not more than five years, or both).

(c) Civil and administrative penalties for reporting requirements
(1) Any person (other than a governmental entity) who violates any requirement of section 11022
or 11023 of this title shall be liable to the United States for a civil penalty in an amount not to
exceed $25,000 for each such violation.
(2) Any person (other than a governmental entity) who violates any requirement of section 11021
or 11043(b) of this title, and any person who fails to furnish to the Administrator information
required under section 11042(a)(2) of this title shall be liable to the United States for a civil
penalty in an amount not to exceed $10,000 for each such violation.
(3) Each day a violation described in paragraph (1) or (2) continues shall, for purposes of this
subsection, constitute a separate violation.
(4) The Administrator may assess any civil penalty for which a person is liable under this
subsection by administrative order or may bring an action to assess and collect the penalty in the
United States district court for the district in which the person from whom the penalty is sought
resides or in which such person's principal place of business is located.
(d) Civil, administrative, and criminal penalties with respect to trade secrets
(1) Civil and administrative penalty for frivolous claims
If the Administrator determines—
(A)(i) under section 11042(d)(4) of this title that an explanation submitted by a trade secret
claimant presents insufficient assertions to support a finding that a specific chemical identity is a
trade secret, or (ii) after receiving supplemental supporting detailed information under section
11042(d)(3)(A) of this title, that the specific chemical identity is not a trade secret; and
(B) that the trade secret claim is frivolous,
the trade secret claimant is liable for a penalty of $25,000 per claim. The Administrator may
assess the penalty by administrative order or may bring an action in the appropriate district court
of the United States to assess and collect the penalty.
(2) Criminal penalty for disclosure of trade secret information
Any person who knowingly and willfully divulges or discloses any information entitled to
protection under section 11042 of this title shall, upon conviction, be subject to a fine of not
more than $20,000 or to imprisonment not to exceed one year, or both.
(e) Special enforcement provisions for section 11043
Whenever any facility owner or operator required to provide information under section 11043 of
this title to a health professional who has requested such information fails or refuses to provide

such information in accordance with such section, such health professional may bring an action
in the appropriate United States district court to require such facility owner or operator to
provide the information. Such court shall have jurisdiction to issue such orders and take such
other action as may be necessary to enforce the requirements of section 11043 of this title.
(f) Procedures for administrative penalties
(1) Any person against whom a civil penalty is assessed under this section may obtain review
thereof in the appropriate district court of the United States by filing a notice of appeal in such
court within 30 days after the date of such order and by simultaneously sending a copy of such
notice by certified mail to the Administrator. The Administrator shall promptly file in such court
a certified copy of the record upon which such violation was found or such penalty imposed. If
any person fails to pay an assessment of a civil penalty after it has become a final and
unappealable order or after the appropriate court has entered final judgment in favor of the
United States, the Administrator may request the Attorney General of the United States to
institute a civil action in an appropriate district court of the United States to collect the penalty,
and such court shall have jurisdiction to hear and decide any such action. In hearing such action,
the court shall have authority to review the violation and the assessment of the civil penalty on
the record.
(2) The Administrator may issue subpoenas for the attendance and testimony of witnesses and
the production of relevant papers, books, or documents in connection with hearings under this
section. In case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph and
served upon any person, the district court of the United States for any district in which such
person is found, resides, or transacts business, upon application by the United States and after
notice to such person, shall have jurisdiction to issue an order requiring such person to appear
and give testimony before the administrative law judge or to appear and produce documents
before the administrative law judge, or both, and any failure to obey such order of the court may
be punished by such court as a contempt thereof.
(Pub. L. 99–499, title III, §325, Oct. 17, 1986, 100 Stat. 1753.)
1

So in original. Probably should not be capitalized.

§11046. Civil actions
(a) Authority to bring civil actions
(1) Citizen suits
Except as provided in subsection (e) of this section, any person may commence a civil action on
his own behalf against the following:
(A) An owner or operator of a facility for failure to do any of the following:
(i) Submit a followup emergency notice under section 11004(c) of this title.

(ii) Submit a material safety data sheet or a list under section 11021(a) of this title.
(iii) Complete and submit an inventory form under section 11022(a) of this title containing tier I
information as described in section 11022(d)(1) of this title unless such requirement does not
apply by reason of the second sentence of section 11022(a)(2) of this title.
(iv) Complete and submit a toxic chemical release form under section 11023(a) of this title.
(B) The Administrator for failure to do any of the following:
(i) Publish inventory forms under section 11022(g) of this title.
(ii) Respond to a petition to add or delete a chemical under section 11023(e)(1) of this title
within 180 days after receipt of the petition.
(iii) Publish a toxic chemical release form under 11023(g) 1 of this title.
(iv) Establish a computer database in accordance with section 11023(j) of this title.
(v) Promulgate trade secret regulations under section 11042(c) of this title.
(vi) Render a decision in response to a petition under section 11042(d) of this title within 9
months after receipt of the petition.
(C) The Administrator, a State Governor, or a State emergency response commission, for failure
to provide a mechanism for public availability of information in accordance with section
11044(a) of this title.
(D) A State Governor or a State emergency response commission for failure to respond to a
request for tier II information under section 11022(e)(3) of this title within 120 days after the
date of receipt of the request.
(2) State or local suits
(A) Any State or local government may commence a civil action against an owner or operator of
a facility for failure to do any of the following:
(i) Provide notification to the emergency response commission in the State under section
11002(c) of this title.
(ii) Submit a material safety data sheet or a list under section 11021(a) of this title.
(iii) Make available information requested under section 11021(c) of this title.

(iv) Complete and submit an inventory form under section 11022(a) of this title containing tier I
information unless such requirement does not apply by reason of the second sentence of section
11022(a)(2) of this title.
(B) Any State emergency response commission or local emergency planning committee may
commence a civil action against an owner or operator of a facility for failure to provide
information under section 11003(d) of this title or for failure to submit tier II information under
section 11022(e)(1) of this title.
(C) Any State may commence a civil action against the Administrator for failure to provide
information to the State under section 11042(g) of this title.
(b) Venue
(1) Any action under subsection (a) of this section against an owner or operator of a facility shall
be brought in the district court for the district in which the alleged violation occurred.
(2) Any action under subsection (a) of this section against the Administrator may be brought in
the United States District Court for the District of Columbia.
(c) Relief
The district court shall have jurisdiction in actions brought under subsection (a) of this section
against an owner or operator of a facility to enforce the requirement concerned and to impose
any civil penalty provided for violation of that requirement. The district court shall have
jurisdiction in actions brought under subsection (a) of this section against the Administrator to
order the Administrator to perform the act or duty concerned.
(d) Notice
(1) No action may be commenced under subsection (a)(1)(A) of this section prior to 60 days after
the plaintiff has given notice of the alleged violation to the Administrator, the State in which the
alleged violation occurs, and the alleged violator. Notice under this paragraph shall be given in
such manner as the Administrator shall prescribe by regulation.
(2) No action may be commenced under subsection (a)(1)(B) or (a)(1)(C) of this section prior to
60 days after the date on which the plaintiff gives notice to the Administrator, State Governor, or
State emergency response commission (as the case may be) that the plaintiff will commence the
action. Notice under this paragraph shall be given in such manner as the Administrator shall
prescribe by regulation.
(e) Limitation
No action may be commenced under subsection (a) of this section against an owner or operator
of a facility if the Administrator has commenced and is diligently pursuing an administrative

order or civil action to enforce the requirement concerned or to impose a civil penalty under this
Act with respect to the violation of the requirement.
(f) Costs
The court, in issuing any final order in any action brought pursuant to this section, may award
costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or the
substantially prevailing party whenever the court determines such an award is appropriate. The
court may, if a temporary restraining order or preliminary injunction is sought, require the filing
of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
(g) Other rights
Nothing in this section shall restrict or expand any right which any person (or class of persons)
may have under any Federal or State statute or common law to seek enforcement of any
requirement or to seek any other relief (including relief against the Administrator or a State
agency).
(h) Intervention
(1) By the United States
In any action under this section the United States or the State, or both, if not a party, may
intervene as a matter of right.
(2) By persons
In any action under this section, any person may intervene as a matter of right when such person
has a direct interest which is or may be adversely affected by the action and the disposition of the
action may, as a practical matter, impair or impede the person's ability to protect that interest
unless the Administrator or the State shows that the person's interest is adequately represented by
existing parties in the action.
(Pub. L. 99–499, title III, §326, Oct. 17, 1986, 100 Stat. 1755.)
References in Text
This Act, referred to in subsec. (e), is Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1613, as amended,
known as the Superfund Amendments and Reauthorization Act of 1986. For complete
classification of this Act to the Code, see Short Title of 1986 Amendment note set out under
section 9601 of this title and Tables.
The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in the Appendix to
Title 28, Judiciary and Judicial Procedure.
1

So in original. Probably should be preceded by “section”.

§11047. Exemption
Except as provided in section 11004 of this title, this chapter does not apply to the transportation,
including the storage incident to such transportation, of any substance or chemical subject to the
requirements of this chapter, including the transportation and distribution of natural gas.
(Pub. L. 99–499, title III, §327, Oct. 17, 1986, 100 Stat. 1757.)

§11048. Regulations
The Administrator may prescribe such regulations as may be necessary to carry out this chapter.
(Pub. L. 99–499, title III, §328, Oct. 17, 1986, 100 Stat. 1757.)

§11049. Definitions
For purposes of this chapter—
(1) Administrator
The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) Environment
The term “environment” includes water, air, and land and the interrelationship which exists
among and between water, air, and land and all living things.
(3) Extremely hazardous substance
The term “extremely hazardous substance” means a substance on the list described in section
11002(a)(2) of this title.
(4) Facility
The term “facility” means all buildings, equipment, structures, and other stationary items which
are located on a single site or on contiguous or adjacent sites and which are owned or operated
by the same person (or by any person which controls, is controlled by, or under common control
with, such person). For purposes of section 11004 of this title, the term includes motor vehicles,
rolling stock, and aircraft.
(5) Hazardous chemical
The term “hazardous chemical” has the meaning given such term by section 11021(e) of this
title.

(6) Material safety data sheet
The term “material safety data sheet” means the sheet required to be developed under section
1910.1200(g) of title 29 of the Code of Federal Regulations, as that section may be amended
from time to time.
(7) Person
The term “person” means any individual, trust, firm, joint stock company, corporation (including
a government corporation), partnership, association, State, municipality, commission, political
subdivision of a State, or interstate body.
(8) Release
The term “release” means any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including
the abandonment or discarding of barrels, containers, and other closed receptacles) of any
hazardous chemical, extremely hazardous substance, or toxic chemical.
(9) State
The term “State” means any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the
Northern Mariana Islands, and any other territory or possession over which the United States has
jurisdiction.
(10) Toxic chemical
The term “toxic chemical” means a substance on the list described in section 11023(c) of this
title.
(Pub. L. 99–499, title III, §329, Oct. 17, 1986, 100 Stat. 1757.)

§11050. Authorization of appropriations
There are authorized to be appropriated for fiscal years beginning after September 30, 1986, such
sums as may be necessary to carry out this chapter.
(Pub. L. 99–499, title III, §330, Oct. 17, 1986, 100 Stat. 1758.)