
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: 42USC11022]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
 
                  SUBCHAPTER II--REPORTING REQUIREMENTS
 
Sec. 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, Sec. 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 
(Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 11001, 11042, 11043, 11044, 
11045, 11046 of this title.
