TITLE HI—EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW
SEC. 300. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the "Emergency
Planning and Community Right-To-Know Act of 1986".
(b) TABLE OF CONTENTS.—The table of contents of this title is as
follows: .
Sec. 300. Short title; table of contents.
Subtitle A—Emergency Planning and Notiflcation
Sec. 301. Establishment of State commissions, planning districta, and local commit-
' . - tees. • . ••...-'
Sec. 302. Substances and facilities covered and notification.
Sec. 303. Comprehensive emergency response plans.
Sec. 304. Emergency notification.
Sec. 305. Emergency training and review of emergency systems.
Subtitle B—Reporting Requirements
Sec. 311. Material safety data sheets.
Sec. 312. Emergency and hazardous chemical inventory forms.
Sec. 313. Toxic chemical release forms.
Subtitle C—General Provisions
Sec. 321. Relationship to other law.
Sec. 322. Trade secrets.
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Sec. 323. Provision of information to health professionals, doctors, and nurses.
Sec. 324. Public availability of plans, data sheets, forms, and followup notices.
Sec. 325. Enforcement.
Sec. 326. Civil Actions.
Sec. 327. Exemption.
Sec. 328. Regulations.
Sec. 329. Definitions.
Sec. 330. Authorization of appropriations. r "
Subtitle A—Emergency Planning and Notification
SEC. 301. ESTABLISHMENT OF STATE COMMISSIONS, PLANNING DIS-
TRICTS. AND LOCAL COMMITTEES.
(a) ESTABLISHMENT OF STATE EMERGENCY RESPONSE COMMIS-
SIONS.—Not later than six months after the date of the enactment
of this title, the Governor of each State shall appoint a State emer-
gency response commission. The Governor may designate as the
State emergency response commission one or more existing emer-
gency response organizations that are State-sponsored or appoint-
ed. 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 re-
sponse commission shall appoint local emergency planning commit-
tees under subsection (c) and shall supervise and coordinate the ac-
tivities of such committees. The State emergency response commis-
sion shall establish procedures for receiving and processing re-
quests from the public for information under section 324, including
tier n information under section 312. Such procedures shall include
the designation of an official to serve as coordinator for informa-
tion. If the Governor of any State does not designate a State emer-
gency response commission within such period, the Governor shall
operate as the State emergency response commission until the Gov-
ernor makes such designation.
(b) ESTABLISHMENT OF EMERGENCY PLANNING DISTRICTS.—Not
later than nine months after the date of the enactment of this title,
the State emergency response commission shall designate emergen-
cy planning districts hi order to facilitate preparation and imple-
mentation of emergency plans. Where appropriate, the State emer-
gency response commission may designate existing political subdi-
visions or multijurisdictional planning organizations as such dis-
tricts. 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 subtitle
are within such emergency planning district.
(c) ESTABLISHMENT OF^LOCAL EMERGENCY PLANNING COMMIT-
TEES.—Not later than 30 days after designation of emergency plan-
ning districts or 10 months after the date of the enactment of this
title, whichever is earlier, the State emergency response commis-
sion shall appoint members of a local emergency planning commit-
tee for each emergency planning -district. Each committee shall in-
clude, at a minimum, representatives from each of the following
groups or organizations: elected State and local officials; law en-
forcement, civil defense, firefighting, first aid, health, local environ-
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mental, hospital, and transportation personnel; broadcast and print
media; community groups; and owners and operators of facilities
subject to the requirements of this subtitle. Such committee shall
appoint a chairperson and shall establish rules by which the com-
mittee 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 re-
ceiving and processing requests from the public for information
under section 324, including tier II information under section 312.
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) as it deems appropriate. Interested persons may petition the
State emergency response commission to modify the membership of
a local emergency planning committee.
SEC 302. SUBSTANCES AND FACILITIES COVERED AND NOTIFICATION.
(a) SUBSTANCES COVERED.—
(1) IN GENERAL.—A substance is subject to the requirements
of this subtitle if the substance is on the list published under
paragraph (2).
(2) LIST OF EXTREMELY HAZARDOUS SUBSTANCES.—Within 30
days after the date of the enactment of this title, the Adminis-
trator 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 Guid-
ance"
(3) THRESHOLDS.—
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(1) Identification of facilities subject to the requirements of
this subtitle 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 re-
ferred to in section 302(a), and identification of additional fa-
cilities contributing or subjected to additional risk due to their
proximity to facilities subject to the requirements of this sub-
title, 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 sub stances.
(3) Designation of a community emergency coordinator and
facility, emergency coordinators, who shall make determina-
tions necessary to implement the plan.
(4) Procedures providing reliable, effective, and timely notifi- ,
cation by the facility emergency coordinators and the commu-
nity emergency coordinator to persons designated in the emer-
gency plan, and to the public, that a release has occurred (con-
sistent with the emergency notification requirements of section
304).
(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 subtitle, and an identification of
the persons responsible for such equipment and facilities.
(7) Evacuation plans, including provisions for a precaution-
ary 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 subtitle:
(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 the
date of the enactment of this title, 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 emer-
gency 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 in-
formation to such committee necessary for developing and im-
plementing the emergency plan.
(e) REVIEW BY THE STATE EMERGENCY RESPONSE COMMISSION.—
After completion of an emergency plan under subsection (a) for an
emergency planning district, the local emergency planning commit-
tee shall submit a copy of the plan to the State emergency response
commission of each State in which such district ia located. The
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_N 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 practi-
cable, such review shall not delay implementation of such plan.
(f) GUIDANCE DOCUMENTS.—The national response team, as estab-
lished pursuant to the National Contingency Plan as established
under section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.),
shall publish guidance documents for preparation and implementa-
tion of emergency plans. Such documents shall be published not
later than five months after the date of the enactment of this title.
(g) REVIEW OF PLANS BY REGIONAL RESPONSE TEAMS.—The region-
al response teams, as established pursuant to the National Contin-
gency Plan as established under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.), may review and comment upon an emer-
gency plan or other issues related to preparation, implementation,
or exercise of such a plan upon request of a local emergency plan-
ning committee. Such review shall not delay implementation of the
plan.
SEC. 304. EMERGENCY NOTIFICATION.
(a) TYPES OF RELEASES.—
(1) 30£(a) SUBSTANCE WHICH REQUIRES CERCLA NOTICE.—If a re-
lease of an extremely hazardous substance referred to hi sec-
tion 302(a) occurs from a facility at which a hazardous chemi-
,.- cal is produced, used, or stored, and such release requires a no-
f . , '• tification under section 103(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980
(hereafter in this section referred to as "CERCLA") (42 U.S.C.
9601 et seq.), the owner or operator of the facility shall imme-
diately provide notice as described in subsection (b).
(2) OTHER 302 (a) SUBSTANCE.—If a release of an extremely
hazardous substance referred to in section 302(a) occurs from a
facility at which a hazardous chemical is produced, used, or
stored, and such release is not subject to the notification re-
quirements under section 103(a) of CERCLA, the owner or op-
erator of the facility shall immediately provide notice as de-
scribed in subsection (b), but only if the release—
(A) is not a federally permitted release as defined in sec.-
tion 101(10) of CERCLA,
(B) is in an amount in excess of a quantity which the Ad-
ministrator has determined (by regulation) requires notice,
and
(C) occurs in ajnanner which would require notification
under section 103(a) of CERCLA.
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 hi
subsection (b).
(3) NON-302 (a) SUBSTANCE WHICH REQUIRES CERCLA NOTICE.—
If a release of a substance which is not on the list referred to
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i • , --.'<.-
in section 302(a) 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, the owner or op-
erator shall provide notice as follows:
(A) If the substance is one for which a reportable quanti-
ty has been established under section 102(a) of CERCLA,
the owner or operator shall provide notice as described in
subsection (b).
(B) If the substance is one for which a reportable quanti-
ty has not been established under section 102(a) of
CERCLA—
(i) Until April 30, 1988, the owner or operator shall
provide, for releases of one pound or more of the sub-
stance, the same notice to the community emergency
coordinator for the local emergency planning commit-
, tee, at the same time and in the same form, as notice
"••••:•*. ^"^^ovided to the National Response Center'inder sec-
tion 103(a) of CERCLA.
(ii) On and after April 30, 1988, the owner or opera-
tor shall provide, for releases of one pound or more of
the substance, the notice as described in subsection (b).
(4) EXEMPTED RELEASES.—This section does not apply to any
release which results m 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) shall be given immediately after the release by the owner
or operator of a facility (by such means as telephone, r^adio, or
in person) to the community emergency coordinator for the
local emergency planning committees, if established pursuant
to section 301(c), for any area likely to be affected by the re-
lease and to the State emergency planning commission of any
State likely to be affected by the release. With respect to trans-
portation of a substance subject to the requirements of this sec-
tion, or storage incident to such transportation, the notice re-
quirements of this section with respect to a release shall be
satisfied by dialing 911 or, hi the absence of a 911 emergency
telephone number, calling the operator.
(2) CONTENTS.—Notice required under subsection (a) shall in-
elude each of the following (to the extent known at the time ofi|
the notice and so long as no delay in responding to the emer-
gency results): "
(A) The chemical name or identity of any substance in-
volved in the release.
(B) An indication of Whether the substance is on the list
referred to in section 302(a).
(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 oc-
curred.
(F) Any known or anticipated acute or chronic health
risks associated with the emergency and, where appropri-
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ate, advice regarding medical attention necessary for ex-
posed 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 pursu-
ant 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), such owner or
operator shall provide a written followup emergency notice (or no-
tices, as more information becomes available) setting forth and up-
dating the information required under subsection (b), 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 Nor APPLICABLE.—The exemp-
tion provided in section 327 (relating to transportation) does not
apply to this section.
SEC. 305. 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 con-
trol, disaster response, long-term disaster recovery, national se-
curity, technological and natural hazards, and emergency proc-
esses. 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 pro-
grams, 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 the date of the enactment of this title, a review of
emergency systems for monitoring, detecting, and preventing
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releases of extremely hazardous substances at representative
domestic facilities that produce, use, or store extremely hazard-
ous substances. The Administrator may select representative
extremely hazardous substances from the substances on the
list referred to in section 302(a) for the purposes of this review.
The Administrator shall report interim findings to the Con-
gress not later than seven months after such date of enact-
ment, and issue a final report of findings and recommenda-
tions to the Congress not later than 18 months after such date
of enactment. Such report shall be prepared in consultation
with the States and appropriate Federal agencies.
(2) REPORT,—The report required by this subsection shall in-
clude the Administrator's findings regarding each of the fol-
lowing:
(A) The status of current technological capabilities to (i)
monitor,. detect, and prevent, in a timely manner, signifi-
cant relikses of extremely hazardous substances, (ii) deter-
mine 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 con-
stituent substances.
(B) The status of public emergency alert devices or sys-
tems for providing timely and effective public warning of
an accidental release of extremely hazardous substances
into the environment, including releases into the atmos-
phere, surface water, or groundwater from facilities that
produce, store, or use significant quantities of such ex-
tremely hazardous substances.
(C) The technical and economic feasibility of establish-
ing, maintaining, and operating perimeter alert systems
for detecting releases of such extremely hazardous sub-
stances into the atmosphere, surface water, or groundwat-
er, at facilities that manufacture, use, or store significant
quantities of such substances.
(3) RECOMMENDATIONS.—The report required by this subsec-
tion shall also include the Administrator's* recommendations
for—
(A) initiatives to support the development of new or im-
proved technologies or systems that would facilitate the
timely monitoring, detection, and prevention of releases of
extremely hazardous substances, and
(B) improvingdevices or systems for effectively alerting
the public in a timely manner, in the event of an acciden-
tal release of such extremely hazardous substances.
Subtitle B—Reporting Requirements
SEC. 311. 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 and regulations
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promulgated under that Act (15 U.S.C. 651 et seq.) 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 fol-
lowing:
(A) The appropriate local emergency planning commit-
tee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facili-
ty.
(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 and regulations promulgat-
ed under that Act, grouped in categories of health and
physical hazards as set forth under such Act and regula-
tions promulgated under such Act, or in such other catego-
ries as the Administrator may prescribe under subpara-
graph(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 Admin-
istrator may modify the categories of health and physical haz-
ards as set forth under the Occupational Safety and Health
Act of 1970 and regulations promulgated under that Act by re-
quiring information to be reported in terms of groups of haz-
ardous chemicals which present similar hazards in an emer-
gency.
(3) TREATMENT OF MIXTURES.—An owner or operator may
meet the requirements of this section with respect to a hazard-
ous chemical which is a mixture by doing one of the following:
(A) Submitting a material safety data sheet for, or iden-
tifying 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 com-
pound is necessary.
(B) Submitting a material safety data sheet for, or iden-
tifying 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 Administrators 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 sub-
section (aXD, 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 commit-
tee.
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(2) To PUBLIC.-^A local emergency planning committee, upon
requesfc/by any person, shall make available a material safety
data sheet to the person in accordance with section 324. If the
local emergency planning committee does not have the re-
quested 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
.
(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 the date of the enactment of this title, or
(B) 3 months after the owner or operator of a facility is re-
quired to prepare or have available a material safety data
sheet for the chemical under the Occupational Safety and
j. '-Health -Act of 1970 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 sub-
mitted to the local emergency planning committee under subsec-
tion (a), 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 Regula-
tions, 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 bf 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 labo-
ratory 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 agricul-
tural operations or is a fertilizer held for sale by a retaile'r to
the ultimate customer.
SEC. 312. EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS.
(a) BASIC REQUIREMENT.-— (1) The owner or operator of any facili-
ty 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 and regulations promulgated under that
Act shall prepare and submit an emergency and hazardous chemi^
cal inventory form (hereafter in this title referred to as an "inven-
tory 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.
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(2) The inventory form containing tier I information (as described
in subsection (dXD) 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.
(3) An owner or operator may meet the requirements of this sec-
tion 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 ele-
ment or compound in the mixture which is a hazardous chemi-
cal. If more than one mixture has the same element or com-
pound, 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 mix-
ture itself ,,.-« if- 1_ U
(b) THRESHOLDS.—The Administrator may establish threshold
quantities for hazardous chemicals covered by this section below
«, hich no facility PT all 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 sub-
ject to the requirements of this section is any hazardous chemical
for which a material safety data sheet or a listing is required under
section 311.
(d) CONTENTS OF FORM.—
(1) TIER I INFORMATION.— .
(A) AGGREGATE INFORMATION BY CATEGORY.—An invento-
ry form shall provide the information described in sub-
paragraph (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 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
(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.
(Q MODIFICATIONS.—For purposes of reporting informa-
tion under this paragraph, the Administrator may—
(i) modify the categories of health and phvsical haz-
ards as set f8rth under the Occupational Safety and
Health Act of 1970 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 chemi-
cals of special concern to emergency response person-
nel.
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(2) TIER ii INFORMATION.—An inventory form shall provide
the following additional information for each hazardous chemi-
cal present at the facility, but only upon request and in accord-
ance with subsection (e): .
(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 chemi-
• cal. . JH , '-- . • .-.-.' ',•.'«•••
/; ^ft;;(|tl-^^%dication of whether the owner^elects to with-
hold location information of a specific hazardous chemical
from disclosure to the public under section 324.
(e) AVAILABILITY OP TIER n 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 U information,
as described in subsection (d), to the person making the re-
quest. Any such request shall be with respect to a specific facil-
ity.
(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 emer-
gency planning committee. Upon receipt of a request for tier n
information, the State commission or local committee shall,
pursuant to paragraph (1), request the facility owner or opera-
tor for the tier If information and make available such infor-
mation to the official.
(3) AVAILABILITY TO PUBLIC.—
(A) IN GENERAL.—Any person may request a State emer-
gency response commission or local emergency planning
committee for tier n 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 n 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
324. 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 in-
formation the State emergency response commission or
local emergency planning committee shall, pursuant to
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paragraph (1), request the facility owner or operator for
j 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 324 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 facili-
ty at any time during the preceding calendar year, a re-
quest from a person must include the general need for the
.... i^ infprmat|g|j. 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 com-
mission or local emergency .planning committee shall
make the information available in accordance with section
324 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 oper-
ator 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 con-
duct an on-site inspection of the facility and shall provide to the
fire department specific location information on hazardous chemi-
c ils at the facility.
(g) FORMAT OF FORMS.—The Administrator shall publish a uni-
form format for inventory forms within three months after the
date of the enactment of this title. 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.
SEC. 313. TOXIC CHEMICAL RELEASE FORMS.
(a) BASIC REQUIREMENT.—The owner or operator of a facility sub-
ject to the requirements ofrhis section shall complete a toxic chem-
ical release form as published under subsection (g) for each toxic
chemical listed under subsection (c) that was manufactured, proc-
essed, or otherwise used in quantities exceeding the toxic chemical
threshold quantity established by subsection (f) during the preced-
ing calendar year at such facility. Such form shall be submitted to
the Administrator and to an official or officials of the State desig-
nated by the Governor on or before July 1, 1988, and annually
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183
thereafter on July 1 and shall contain data reflecting releases
during the preceding calendar year.
(b) COVEREIB 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) in excess of the quantity of
that toxic chemical established under subsection (f) 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 Industri-
al Code to which this section applies is relevant to the pur-
• •• ••&..• -. -fit • ' "L« *:, ". (• ""' ' -• =, - ' ' .'FTt , r-~ ' •
pdses of this section. # A
(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 com-
merce—
(I) in the same form or physical state as, or in a dif-
ferent form or physical state from, that in which it
was received by the person so preparing such chemi-
or > " • v' a . '
(II) as part of an article containing the toxic chemi-
-
(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 manufac-
tures, processes, or otherwise uses a toxic chemical listed
under subsection (c) if the Administrator deterirines that such
action is warranted on the basis of toxicity of the toxic chemi-
cal, proximity to other facilities that release the toxic chemical
or to population centers, the history of releases of such chemi-
cal 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 Envi-
ronment and Public Works, titled "Toxic Chemicals Subject to Sec-
tion 313 of the Emergency Planning and Community Right-To-
Know Act of 1986" (including any revised version of the list as may
be made pursuant to subsection (d) or (e)X
(d) REVISIONS BY ADMINISTRATOR. —
(1) IN GENERAL. — The Administrator may by rule add or
delete a chemical from the list described in subsection (c) at
any time.
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(2) ADDITIONS.—A chemical may be added if the Administra-
tor determines, in his judgment, that there is sufficient evi-
dence 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.
(O 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 suffi-
cient 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)
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 gener-
ally accepted scientific principles or laboratory tests, or appro-
priately designed and conducted epidemiological or other popu-
lation studies, available to the Administrator.
(3) DELETIONS.—A chemical may be deleted if the Adminis-
trator determines there is not sufficient evidence to establish
any of the criteria described hi 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 and before January 1 shall take effect be-
ginning with the calendar year following the 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 subsec-
tion (c) on the basis of the criteria in subparagraph (A) or (B) of
subsection (dX2). 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 (dX2).
(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 de-
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scribed in subsection (c) on the basis of. the criteria in subpara-
^aph (A), (B), or (C| of subsection (dX2). In the case of such a
Sis? . petition frolh a Stati Governor to delete a chemical, the peti-
tion 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
1 petition, unless the Administrator—r
(A) initiates a rulemaking to add the chemical to the
list, in accordance with subsection (dX2), or
(B) publishes an explanation of why the Administrator
believes the petition does not meet the requirements of
;• subsection (dX2) 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: c " ^ ;."."
(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 July1, 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 chemi-
t ' cal 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 estab-
lished by paragraph (1). Such revised threshold shall obtain re-
porting on a substantial majority of total releases of the chemi-
cal at all facilities subject to the requirements of this section.
The amounts established under this paragraph may, at the Ad-
ministrator'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 in-
formation 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
-x senior official with management responsibility for the
<-> , person or persons completing the report, regarding the ac-
curacy and completeness of the report; and
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(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 man-
ufactured, processed, or otherwise used, and the gener-
al 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 meth-
ods for that wastestream.
(iv) The annual quantity of the toxic chemical enter-
ing each environmental medium.
(2) USE OF AVAILABLE DATA.—In order to provide the informa-
tion required under this section, the owner or operator of a fa-
cility .nay 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 moni-
toring or measurement of the quantities, concentration, or fre-
quency 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 con-
sistency, the Administrator shall require that data be ex-
pressed in common units.
(Ii) USE OP 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 324(a), to inform persons about
releases of toxic chemicals to the environment; to assist govern-
mental agencies, researchers, and other persons in the conduct of
research and data gathering; to aid in the development of appropri-
ate regulations, guidelines, and standards; and for other similar
purposes.
(i) MODIFICATIONS IN REPORTING FREQUENCY.—
(1) IN GENERAL.—The Administrator may modify the fre-
quency of submitting a report under this section, but the Ad-
ministrator may not modify the frequency to be any more
often than annually. A modification may apply, either nation-
ally or in a specific geographic area, to the following:
(A) All toxic chemical release forms required under this
section.
(B) A class of toxic_phemicals 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), based on—
(i) experience from previously submitted toxic chem-
ical release forms, and
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187
(ii) determinations made under paragraph (3), and
(B) the finding is made by a rulemaking in accordance
with section 553 of title 5, United States Code.
(3) DETERMINATIONS.—The Administrator shall make the fol-
lowing determinations with respect to a proposed modification
before making a modification under paragraph (1):
(A) The extent to which information relating to the pro-
posed modification provided on the toxic chemical release
forms has been used by the Administrator or other agen-
cies 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 Adminis--
trator under another Federal law or through a State pro-
gram.
(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 sub-
section shall be reviewed at least once every 5 years. Such
review shall examine the modification and ensure that the re-
quirements 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 Jan-
uary 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 and before January 1 shall take
effect beginning with the calendar year following such next
calendar year.
(j) EPA MANAGEMENT OF DATA.—The Administrator shall estab-
lish and maintain in a computer data base a national toxic chemi-
cal 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 Gen-
eral, in consultation with the Administrator and appropriate offi-
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cials 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, in-
cluding 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 col-
lected 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
tlQf^fi
(3)" An identification and evaluation of options for modifica-
tions to the requirements of this section for the purpose of
making information collected under this section more useful.
G) 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 Ad-
ministrator under paragraph (3). The Administrator shall
submit to Congress a report on such study no later than 5
years after the date of the enactment of this title.
(2) PURPOSES.—The purposes of the study are as follows:
(A) To assess the value of mass balance analysis in deter-
mining the accuracy of information on toxic chemical re-
IG&SGS
(B) To assess the value of obtaining mass balance infor-
, mation, or portions thereof, to determine the waste reduc-
tion efficiency of different facilities, or categories of facili-
ties, including the effectiveness of toxic chemical regula-
tions promulgated under laws other than this title.
(O To assess the utility of such information for evaluat-
ing toxic chemical management practices at facilities, or
categories of facilities, covered by this section.
(D) To determine the implications of mass balance infor-
mation collection on a national scale similar to the mass
balance information collection carried out by the Adminis-
trator under paragraph (3), including implications of the
use of such collection as part of a national annual quantity
toxic chemical release program. ..*'*. u n
(3) INFORMATION COLLECTION.—(A) The Administrator shall
acquire available mass balance information from States which
currently conduct (or during the 5 years after the date of en-
actment of this title initiate) a mass balance^nented annual
quantity toxic chemical release program. If information trom
such States provides an inadequate representation of industry
classes and categories**) carry out the purposes of the study,
the Administrator also may acquire mass balance information
necessary for the study from a representative number of facili-
ties in other States. ,,.,_. _*• u 11 u
(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 offi-
cer, employee, or representative has access under this section
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189 ;
if made public would divulge information entitled to protection
under section 1905 of title 18, United States Code, such infor-
mation 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 au-
thorized representatives of the United States concerned with
carrying out this section.
(C) The Administrator may promulgate regulations prescrib-
ing procedures for collecting mass balance information under
this paragraph.
(D) For purposes of collectir.^ 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 subsec-
tion, the term "mass balance" means an accumulation of the
annual quantities of chemicals transported to a facility, pro-
duced at a facility, consumed at a facility, used at a facility,
accumulated at a facility, released from a facility, and trans-
ported from a facility as a waste or as a commercial product or
byproduct or component of a commercial product or byproduct.
Subtitle C—General Provisions
SEC. 321, RELATIONSHIP TO OTHER LAW.
(a) IN GENERAL.—Nothing in this title shall—
(1) preempt any State or local law,
(2) except as provided in subsection (b), otherwise affect any
State, or local law or the authority of any State or local govern-
menfto 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.—
(1) 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 re-
quired under subsection (a) of section 311. 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 hazard-
ous chemicals present at the facility), through additional
sheets attached to the data sheet or such other means as the
State or locality considers appropriate.
(2) If any State or local law
(A) is enacted after August 1,1985, and
(B) requires such a facility owner or operator who sup-
plies a hazardous chemical to any other facility owner or
operator to furnish a material safety data sheet to such
other facility owner or operator,
such requirements shall be identical to the requirements under
section 311(a).
SEC 322. TRADE SECRETS.
(a) AUTHORITY To WITHHOLD INFORMATION.—
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190
(1) GENERAL AUTHORITY.—(A) With regard to a hazardous
chemical, an extremely hazardous substance, or a toxic chemi-
cal, any person required under section 303(dX2), 303(dX3), 311,
312, or 313 to submit information to any other person may
withhold from such submittal the specific chemical identity (in-
cluding the chemical name and other specific identification), as
defined in regulations prescribed by the Administrator under
subsection (c), 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 identi-
ty would normally be included, include the generic class or cat-
egory of the hazardous chemical, extremely hazardous sub-
stance, or toxic chemical (as the case may be).
(2) REQUIREMENTS.—(A) A person is entitled to withhold in-
formation 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),
(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 enumer-
ated in subsection (b), including a specific description of
why such factors apply, and
(iii) submits to the Administrator a copy of such submit-
tal, and the information withheld from such submittal.
(B) In submitting to the Administrator the information re-
quired by subparagraph (AXiii), a person withholding informa-
tion under this subsection may—
(i) designate, in writing and in such manner as the Ajd-
'ministrator 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 with-
hold information shall not apply to information which the Ad-
ministrator has determined, in accordance with subsection (c),
is not a trade secret.
(b) TRADE SECRET FACTORS.—No person required to provide infor-
mation under this title may claim that the- information is entitled
to protection as a trade secret under subsection (a) 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 plan-
ning 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 bjfa confidentiality agreement, and such
person has taken reasonable measures to protect the confiden-
tiality of such information and intends to continue to take
such measures.
(2) The information is not required to be disclosed, or other-
wise 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.
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(4) The chemical identity is not readily discoverable through
reverse engineering. '-,.•'•_
(c) TRADE SECRET REGULATIONS.—As soon as practicable after the
date of enactment of this title, the Administrator shall prescribe
regulations to implement this section. With respect to subsection
(bX4), 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. Thprne 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 hazard-
pus 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 petitior under this
paragraph, initiate a determination, to be carried out in ac-
cordance with this subsection, as to whether information with-
held 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 (aX2) and deter-
mine whether the explanation presents assertions which, if
true, are sufficient to support a finding that the specific chemi-
cal identity is a trade secret.
(3) FINDING OP SUFFICIENT ASSERTIONS.— .-'•'-, s
(A) If the Administrator determines pursuant to para-
graph (2) that the explanation presents sufficient asser-
tions to support a finding that thei specific chemical identi-
ty 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 sub-
paragraph (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 an $
the petitioner may seek judicial review of the determina-
tion.
(C) If the Administrator determines, after receipt of any
supplemental supporting detailed information under sub-
paragraph (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 Administra-
tor. If the Administrator does not reverse his determina-
tion under this sut paragraph in such an appeal by the
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192
trade secret claimant, the trade secret claimaint may seek
judicial review of the determination.
(4) FINDING OF INSUFFICIENT ASSERTIONS.—
(A) If the Administrator determines pursuant to para-
graph (2) that the explanation presents insufficient asser-
tions to support a finding that the specific chemical identi-
fy is a trade secret, the Administrator shall notify the
trade secret claimant that he has 30 days to appeal the de-
termination 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 determina-
tion under subparagraph (A) after an appeal or an exami-
nation of any supplementary assertions under subpara-
graph (A), the Administrator shall so notify the trade
secret claimant and the trade secret claimant may seek ju-
dicial review of the determination.
(O 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 PROFES-
SIONALS.—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 hi accordance with section 323.
00 PROVIDING INFORMATION TO THE ADMINISTRATOR; AVAILABILITY
TO PUBLIC.—Any information submitted to the Administrator
under subsection (aX2) or subsection (dX3) (except a specific chemi-
cal 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 Administra-
tor has access under this section if made public would divulge in-
formation entitled to protection under section 1905 of title 18,
United States Code, 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 con-
cerned with carrying out this title.
(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
(aX2) and subsection (dX3). _,
(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 emer-
gency response commission established under section 301 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.
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(2) In any case in which the identity pf a toxic chemical is
claimed as a trade secret, the Administrator shall identify the ad-
verse health and environmental effects associated with the toxic
chemical and shall assure that such information is included in the
computer database required by section 313(j) and is provided to any
person requesting information about such toxic chemical.
(i) INFORMATION PROVIDED TO CONGRESS.—Notwithstanding any
limitation contained in this section or any other provision of law,
all information reported to or otherwise obtained by the Adminis-
trator (or any representative of the Administrator) under this title
shall be made available to a duly authorized committee of the Con-
gress upon written request by such a committee.
SEC. 323. 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
df section^Il, STz, or 313 shall'prdvide the specific chemical identi-
ty, if known, of a hazardous chemical, extremely hazardous sub-
stance, 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 con-
fidentiality agreement under subsection (<1). The written statement
of need shall be a statement that the health professional has a rea-
sonable basis to suspect that—
(1) the information is needed for purposes pf 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 chemi-
cal 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 informa-
tion to the health professional. The authority to withhold the spe-
cific chemical identity of a chemical under section 322 when such
information is a trade secret shall not apply to information re-
quired to be provided under this subsection, subject to the provi-
sions of subsection (d).
(b) MEDICAL EMERGENCY.—An owner or operator of a facility
which is subject to the requirements of section 311, 312, or 313
shall provide a copy of a material safety data sheet, an inventory
form, or\a toxic chemical release form, including the specific chemi-
cal identity, if known, of a hazardous chemical, extremely hazard-
ous substance, or a toxic chemical, to any treating physician or
nurse who requests such information if such physician or nurse de-
termines that—
(Da 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 A
(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 informa-
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tion to the physician or nurse. The authority to withhold the specif-
ic chemical identity of a chemical from a material safety data
sheet, an inventory form, or a toxic chemical release form under
section 322 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) 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 311, 312, or 313
shall provide the specific chemical identity, if known, of a haz-
ardous chemical, an extremely hazardous substance, or a toxic
chemical to any health professional (such as a physician, toxi-
cologist, 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 pro-
vides a written statement of need under paragraph (2) and
a written confidentiality agreement under subsection (d).
Following such a written request, the owner or operator to
whom such request is made shall promptly provide the request-
ed information to the local health professional. The authority
to withhold the specific chemical identity of a chemical under
section 322 when such information is a trade secret shall not
apply to information required to be provided under this subsec-
tion, subject to the provisions of subsection (d).
(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 com-
munity 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 majf reasonably be anticipated to cause an
observed health effect.
(d) CONFIDENTIALITY AGREEMENT.—Any person obtaining infor-
mation under subsection (a) or (c) shall, in accordance with such
subsection (a) or (c), be required to agree in a written confidential-
ity 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 agree-
ment or by the person providing such information. Nothing in this
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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 the date of the en-
actment, of this title, the Administrator shall promulgate regula-
tions describing criteria and parameters for the statement of need
under subsection (a) and (c) and the confidentiality agreement
under subsection (d).
SEC. 324. IVAIlABHIOF PLANS, DATA SHEETS, FORMS. AND
(a) AVAILABILITY To PUBLIC.— Each emergency response plan ma-
terial safety data sheet, list described in section 31 KaX2), inventory
form, toxic chemical release form, and followup emergency notice
shall be made available to the general public, consistent with sec-
tion 322, during normal working hours at the location or locations
designated by the Administrator, Governor, State emergency re-
sponse commission, or local emergency planning committee, as ap-
propriate. Upon request by an owner or operator of a facility sub-
ject to the requirements of section 312, the State emergency re-
sponse commission and the appropriate local emergency planning
committee shall withhold from disclosure under this section the lo-
cation of any specific chemical required by section 312(dX2) to be
contained in an inventory form as tier H information.
(b) NOTICE OF PUBLIC AVAILABILITY.— Each local emergency plan-
ning 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).
SEC. 325. ENFORCEMENT.
(a) CIVIL PENALTIES FOR EMERGENCY PLANNING.— The Adminis-
trator may order a facility owner or operator (except an owner or
operator of a facility designated under section 302(bX2)) to comply
with section 302(c) and section 303(d). The United States district
court for the district in which the facility is located shall have ju-
risdiction 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 viola-
tion occurs or such failure to comply continues.
(b) CIVIL, ADMINISTRATIVE, AND CRIMINAL PENALTIES FOR EMER-
GENCY NOTIFICATION. —
(1) CLASS i ADMINISTRATIVE PENALTY.— KA) 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 304.
(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 pur-
suant to this subsection, the Administrator shall take into ac-
count the nature, circumstances, extent and gravity of the vie*
lation or violations and, with respect to the violator, ability to
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