
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11002]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
 
            SUBCHAPTER I--EMERGENCY PLANNING AND NOTIFICATION
 
Sec. 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, Sec. 302, Oct. 17, 1986, 100 Stat. 1730.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7413, 11003, 11004, 11005, 
11045, 11046, 11049 of this title.
