
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: 42USC11003]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
 
            SUBCHAPTER I--EMERGENCY PLANNING AND NOTIFICATION
 
Sec. 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, Sec. 303, Oct. 17, 1986, 100 Stat. 1731.)

                  Section Referred to in Other Sections

    This section is referred to in sections 11042, 11045, 11046 of this 
title; title 49 section 5116.
