42 U.S.C. § 11022 — Emergency and hazardous chemical inventory forms
submitted 40 years ago by Pub. L. 99-499 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,519 words · no verdicts yet
This section requires covered facilities to submit annual emergency and hazardous-chemical inventory forms. It establishes tier I and tier II information and access rules for officials, the public, fire departments, and affected community water systems.
(a) The owner* or operator of a facility* required to keep a material safety data sheet* must prepare and submit an “inventory form” to (A) the local committee, (B) the State* commission, and (C) the facility fire department. Tier I information is due March 1, 1988, and every March 1 afterward for the preceding year, unless tier II information is supplied by the same deadline. For a mixture, the facility may list each hazardous element or compound, listing a shared one once, or list the mixture. (b) The Administrator* may set thresholds below which facilities are not covered, based on chemical classes or facility categories. (c) Covered chemicals are those for which section 11021 requires a sheet or list. (d)(1) Tier I must report in combined form by health and physical-hazard category: (i) estimated ranges of maximum amounts present at any time, (ii) estimated ranges of average daily amounts, and (iii) general locations. The Administrator may change categories or require separate reporting of chemicals especially important to responders. (2) On request under subsection (e), tier II must state each chemical’s name, maximum and average amounts in ranges, storage method, location, and whether the owner asks that its specific location be withheld from the public. (e)(1) On a specific-facility request from the State commission, local committee, or fire department, the owner or operator must provide tier II information. (2) A State or local official may request it through the commission or committee, which must obtain and provide it. (3) Any person* may make a written specific-facility request for the preceding year. Information held must be provided under section 11044. If not held, the body must request information for chemicals stored above 10,000 pounds and provide it. For chemicals stored below 10,000 pounds, the request must state the general need; the body may request and provide the information. The response is due within 45 days. (4) An affected community water system may request tier II information through the commission or committee. “Affected community water system” means a community water system, as defined in Safe Drinking Water Act section 300f(15), receiving drinking water from a source-water area delineated under section 300j–13 where a covered facility is located; this section does not define the first term. (f) On request, the fire department may inspect the facility and receive specific chemical locations. (g) The Administrator must publish a uniform form within 3 months after October 17, 1986; if none is published, the facility must provide the information by letter.
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:
The appropriate local emergency planning committee.
The State* emergency response commission.
The fire department with jurisdiction over the facility.
The inventory form containing tier I information (as described in subsection (d)(1)) 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)) to the recipients described in paragraph (1).
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:
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.
Providing information on the inventory form on the mixture itself.
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.
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.
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.
The information referred to in subparagraph (A) is the following:
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.
An estimate (in ranges) of the average daily amount of hazardous chemicals in each category present at the facility during the preceding calendar year.
The general location of hazardous chemicals in each category.
For purposes of reporting information 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, or
require reporting on individual hazardous chemicals of special concern to emergency response personnel.
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):
The chemical name or the common name of the chemical as provided on the material safety data sheet.
An estimate (in ranges) of the maximum amount of the hazardous chemical present at the facility at any time during the preceding calendar year.
An estimate (in ranges) of the average daily amount of the hazardous chemical present at the facility during the preceding calendar year.
A brief description of the manner of storage of the hazardous chemical.
The location at the facility of the hazardous chemical.
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.
Upon request by a State emergency response 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), to the person* making the request. Any such request shall be with respect to a specific facility.
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.
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.
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.
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.
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.
An affected community water system 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 affected community water system.
In this paragraph, the term “affected community water system” means a community water system (as defined in section 300f(15) of this title) that receives supplies of drinking water from a source water area, delineated under section 300j–13 of this title, in which a facility that is required to prepare and submit an inventory form under subsection (a)(1) is located.
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.
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.
Source credit: (Pub. L. 99–499, title III, § 312, Oct. 17, 1986, 100 Stat. 1738; Pub. L. 115–270, title II, § 2018(b), Oct. 23, 2018, 132 Stat. 3858.)
- 1986Enacted · Pub. L. 99-499 · 100 Stat. 1738
- 2018Amended · Pub. L. 115-270 · 132 Stat. 3858
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-499 on 1986-10-17.
all 0 arguments · sorted by: best
no arguments yet — make the first case